20170726 SM1MIAMI BEACH
Commission Meeting
SUPPLEMENTAL MATERTAL 1 (7 t21 t20171
City Hall, Commission Chambers, 3'd Floor, 17OO Convention Center Drive
July 26,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Comm issioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com missioner Kristen Rosen Gonzalez
Commissioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the Gity Gode of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk priorto engaging in any lobbying activitywith the City
Commission, any City Board or Gommittee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C6 - Commission Gommittee Reports
C6 F REPORT OF THE JUNE 16,2017 FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING:
1.FY 2017118 GENERAL PRELTMTNARY CSL (W|THOUT ADJUSTTNG THE OPERATTNG MTLLAGE
RATE FOR DEBT SERVTCE REDUCTTON). 2. PROPOSED USES OF LAW ENFORCEMENT
TRUST FUNDS. 3. REVIEW OF PROPOSED CAPITAL BUDGET. 4. DISCUSS THE KEY
DEVELOPMENT PARAMETERS FOR THE BARCLAY PLAZA APARTMENTS WORKFORCE
HOUSING PROJECT. 5. DISCUSSION REGARDING FUTURE USES OR THE POTENTIAL SALE
OF VACANT CITY-OWNED LAND LOCATED AT 228 87TH TERRACE. 6. DISCUSSION
REGARDING THE BDO REPORT. 7. DISCUSSION REGARDING THE NORTH BEACH TOWN
CENTER REDEVELOPMENT PROPOSAL, INVOLVING CITY-OWNED PARKING LOTS, MADE BY
NORTH BEACH TOWN CENTER DEVELOPMENT LLC, AN AFFILIATE OF PACIFIC START
CAPITAL, LLC. 8. DISCUSSION REGARDING WASHINGTON AVENUE PARKING AND
WORKFORCE HOUSING OPTIONS AT 13TH STREET AND COLLINS AVENUE. 9. DISCUSSION
REGARDING THE COSTS RELATING TO HAVING MIAMIBEACH COMMITTO ENSURING THAT
ALL GOVERNMENT BUILDINGS WILL BE POWERED BY 1OO% RENEWABLE ELECTRICITY. 10.
DISCUSSION REGARDING EXTENDING THE MIAMI BEACH BOTANICAL GARDEN TO THE
COLLINS CANAL. 11. DISCUSSION REGARDING THE CONDITION OF THE LOG CABIN
STRUCTURE LOCATED AT 8128 COLLINS AVENUE.'12. DISCUSSION REGARDING FUNDING
FOR THE NORTH BEACH BANDSHELL CANOPY. 13. DISCUSSION REGARDING SPONSORING
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Supplemental 1, July 26,2017
THE MIAMI BEACH FIT FEST IN NORTH BEACH. 14. DISCUSSION REGARDING A REVIEW OF
RECOMMENDED CHANGES TO THE CITY'S SELF-FUNDED HEALTH INSURANCE PLACE FOR
THE OCTOBER 2017 PLAN YEAR. 15. DISCUSSION TO EXPLORE PLACING CAMERAS ON
EVERY CORNER OF THE MXE (MIXED USE ENTERTAINMENT) DISTRICT AND ON THE
BEACHWALK, AND INSTALLING EMERGENCYACTIVATION BOXES ALONG THE BEACHWALK.
16. DISCUSS ENGAGING IN A PILOT PROGRAM WITH A COST REDUCTION CONSULTANT. 17.
DISCUSSION REGARDING THE MAINTENANCE OF PUBLIC BATHROOMS CITYWIDE. 18.
DISCUSSION REGARDING THE FEES CHARGED TO DEVELOPERS TO APPEAR BEFORE THE
CITY'S LAND USE BOARDS. 19. DISCUSSION REGARDING THE LIVING WAGE RATES FOR
FISCAL YEAR 2017.2018, IN ACCORDANCE WITH CHAPTER 2, ARTICLE VI, DIVISION 6,
SECTION 2-408, OF THE CITY CODE.20. DISCUSSION REGARDING WASHINGTON AVENUE
PARKING AND WORKFORCE HOUSING OPTIONS AT 123411260 WASHINGTON AVENUE. 21.
DISCUSSION REGARDING THE EVALUATION OF COST IMPACTS OF IMPROVING THE
AMENITIES AT SOUNDSCAPE PARK. 22. DISCUSSION REGARDING AN ECONOMIC
FEASIBILITY ANALYSIS FOR THE PROPOSED NORTH BEACH NEIGHBORHOOD
CONSERVATION DISTRICT. 23. DISCUSSION TO EXPLORE A LEASE TO BRING THE
WYNWOOD YARD CONCEPT TO NORTH BEACH.
Finance
Supplemental updated on 7 121 12017
(Memorandum)
R5 - Ordinances
R5 G RESIDENTS'RIGHT TO KNOW:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
"ADMINISTRATION,'BYAMENDINGARTICLE II, ENTITLED ''CITYCOMMISSION," BYCREATING
SECTION 2-14 TO BE ENTITLED ''RESIDENTS' RIGHT TO KNOW,'' TO CODIFY THE
LEGISLATIVE INTENT OF THIS ORDINANCE, DEFINE MATTERS THAT IMPACT RESIDENTS'
QUALITY OF LIFE, PROVIDE THAT THE CITY COMMISSION SHALL ADOPT A PROCESS FOR
REGISTERING NEIGHBORHOOD ASSOCIATIONS AND INDIVIDUAL RESIDENTS WHO CHOOSE
TO REGISTER, REQUIRE TARGETED ELECTRONIC NEIGHBORHOOD NOTICES FOR
MATTERS THAT IMPACT RESIDENTS' QUALITY OF LIFE, ALLOW FOR TIMELY
OPPORTUNITIES FOR PUBLIC INPUT, SUPPLEMENT EXISTING PROVISIONS IN THE CITY
CODE RELATING TO PROCEDURAL FAIRNESS IN QUASI-JUDICIAL HEARINGS, ALLOW A
REGISTERED NEIGHBORHOOD ASSOCIATION OR INDIVIDUAL RESIDENTWHO CHOOSES TO
REGISTER TO REQUEST DEFERRAL OR RECONSIDERATION OF A MATTER IF SUCH MATTER
IS NOT DULY NOTICED PURSUANT TO THIS ORDINANCE, PROVIDE THATANYAMENDMENT
OR REPEALER OF THIS ORDINANCE SHALL REQUIRE THE AFFIRMATIVE VOTE OF 5/7TH OF
THE CITY COMMISSION, DIRECT THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO
CONDUCT PERIODIC REVIEW AND PREPARE ANNUAL WRITTEN REPORTS, AND PROVIDE
THAT THIS ORDINANCE SHALL BE ADMINISTERED BY THE OFFICE OF THE CITY MANAGER;
AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, ANDAN EFFECTIVE DATE.
10:10 a.m. Second Readinq Public Hearinq
First Reading on May 17 ,2017 - R5 V
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez and
Commissioner Michael Grieco
Supplemental updated on 7 121 12017
(Vice-Mayor Arriola's Proposed Amendments)
2
Supplemental 1, July 26,2017
R5 Y RM-3 ACCESSORY USES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 142 ''ZONING DISTRICTS AND REGULATIONS," ARTICLE IV.'SUPPLEMENTARY DISTRICT REGULATIONS,' TO MODIFY THE ACCESSORY USE
REQUIREMENTS FOR APARTMENTS IN THE RM-3 ZONING DISTRICT BYALLOWING LIMITED
ACCESSORY USES AT AN AMENITY LEVEL FOR BUILDING RESIDENTS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
5:06 p.m. Second Readinq Public Hearing
First Reading PH on June 7,2017 - R5 P
Planning
Commissioner John Elizabeth Aleman
Supplemental updated on 7 121 12017
(Letter of Support from AKOYA)
R7 - Resolutions
R7 H A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, FOLLOWING A DULYADVERTISED PUBLIC HEARING, ACCEPTING THE WRITTEN
RECOMMENDATTON OF THE C|TY MANAGER (AS SET FORTH tN THE CITY COMMTSSTON
MEMORANDUM ACCOMPANYTNG THtS RESOLUTTON), AND WAtVtNG, BY 5t7TH VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY; APPROVING, IN SUBSTANTIAL FORM, THE LEASE AGREEMENT
ATTACHED TO THtS RESOLUTTON ("LEASE"), BETWEEN THE CTTYAND NORTH BEACH YARD,
LLC (TENANT), tNVOLV|NG THE USE OF THE C|TY-OWNED PROPERTY, LOCATED AT 8100-
8140 COLLINS AVENUE, MIAMI BEACH, FLORIDA, WITH THE LEASED PREMISES CONSISTING
OF UP TO 52,500 SQUARE FEET, FOR USE AS A FOOD, BEVERAGE AND ENTERTAINMENT
PAVILION, INCLUDING RETAIL AND OTHER VENDORS, AND FOR CULTURAL/COMMUNITY
PROGRAMMING AND ENTERTAINMENT OFFERINGS; PROVIDING FOR CITYTO DESIGN AND
CONSTRUCT CERTAIN LANDLORD IMPROVEMENTS IDENTIFIED IN THE LEASE (THE
"LANDLORD IMPROVEMENTS"); PROVIDING AN lNlTlAL TERM OF FIVE (5) YEARS,
COMMENCING FOLLOWING THE CITY'S COMPLETION OF THE LANDLORD IMPROVEMENTS,
wrTH TWO (2) RENEWAL TERMS OF TWO (2) YEARS EACH, TO BE EXERCTSED UPON
MUTUAL AGREEMENT OF CITYAND TENANT; PROVIDING FOR THE LEASE TO BE SUBJECT
TO AND CONTTNGENT UPON (1) AN APPROPRTATTON OF FUNDTNG FOR THE LANDLORD
IMPROVEMENTS; (2) ANY AMENDMENTS, AS MAY BE REQUIRED TO THE CITY OF MIAMI
BEACH CODE OF ORDINANCES, THE CITY'S LAND DEVELOPMENT REGULATIONS AND
COMPREHENSIVE PLAN, AND (3) ANY FINAL NON.APPEALABLE APPROVALS FROM THE
APPLICABLE CITY LAND USE BOARDS;AND FURTHERAUTHORIZING THE MAYORAND CITY
CLERK TO EXECUTE THE FINAL NEGOTIATED LEASE UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BYTHE ADMINISTRATION, SUBJECT TO REVIEW AND FORMAPPROVAL BY
THE CITY ATTORNEY.
2:30 p.m. Public Hearinq Tourism, Culture and Economic Development
Vice-Mayor Ricky Arriola
Supplemental updated on 7 121 12017
(Memorandum, Resolution, Lease Agreement, Attachments & Ad)
3
Supplemental '1, July 26,2017
R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AMENDMENT NO. 1 TO THE
INDIAN CREEK STORM WATER IMPROVEMENTS FROM 251H TO 41ST STREET PROJECT
uTrLrzrNG THE COMPETTTTVELY BrD NATTONAL JOTNT POWER ALLTANCE (NJPA)
COOPERATIVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE GORDIAN GROUP,
APPROVED PURSUANT TO RESOLUTION NO. 2016-29521, FOR THE PROJECT; SAID
AMENDMENT IN THE AMOUNT OF $9,OOO,OOO TO CONTINUE DRAINAGE IMPROVEMENTS
ALONG INDIAN CREEK DRIVE.
Public Works
Supplemental updated on 7 121 12017
(Memorandum & Attachments)
R7 Y A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET
FORTH I N THE CITY COMM tSS tON MEMORAN DUM ACCOMPANYTNG TH tS RESOLUTTON) AN D
WAIVING, BY 5/7TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL
FORM, THE ATTACHED ONE (1) YEAR PILOT MANAGEMENT AGREEMENT BETWEEN THE
CITY AND VAN DAALEN TENNIS, LLC FOR PROGRAMMING AT THE CITY'S NORTH SHORE
TENNIS CENTER;
THREE (3) RENEWAT OPTTONS OF ONE (1) YE^R E^CH; SUBJECT TO FINAL NEGOTTATTON
OF THE AGREEMENT BYTHE CITYADMINISTRATION, AND SUBJECT TO LEGAL REVIEW AND
FORM APPROVAL BY TH E CITY ATTORN EY; AN D FURTH ER AUTHORIZIN G THE MAYOR AN D
CITY CLERK TO EXECUTE THE FINAL AGREEMENT.
Parks and Recreation
Commissioner John Elizabeth Aleman
Supplemental updated on 7 121 12017
(Corrected Resolution, Substitute Agreement Pages & Draft Coaching Contract)
R9 - New Business and Gommission Requests
R9 H DISCUSSION REGARDING A NON-BINDING STRAW BALLOT QUESTIONS ON THE RIGHT OF
THE PEOPLE TO VOTE VIA REFERENDUM ON A STRONG MAYOR FORM OF GOVERNMENT.
Commissioner Kristen Rosen Gonzalez
Deferred from June 7 ,2017 - Rg N
Supplemental updated on 7 121 12017
(Additional Research)
R9 K DISCUSSION REGARDING THE FINAL REPORT AND RECOMMENDATIONS MADE BY THE
MAYOR'S AD HOC BLUE RIBBON STEERING COMMITTEE ON THE CONVENTION CENTER
HOTEL.
fourism, Culture, and Economic Development
Supplemental updated on 7 121 12017
(Draft Report)
4
Supplemental 1, July 26,2017
R9 Q DISCUSSION REGARDING P-LOT PARK DESIGN REVISION.
Office of the City Manager/Convention Center District
Supplemental updated on 7 121 12017
(Memorandum & PowerPoint Presentation)
R9 AG DISCUSSION REGARDING THE STATUS OF NEGOTIATIONS BETWEEN THE ADMINISTRATION
AND LAMBDA LAMBDA SIGMA LLC D/B/A ALCHEMY MEDIA ("ALCHEMY MEDIA"), PURSUANT
TO REQUEST FOR PROPOSALS NO. 2017.081-WG, FOR CITY MUNICIPAL PARKING GARAGE
ADVERTTSTNG SERVTCES (THE RFP).
Marketing and Communications/Procurement
Supplemental updated on 7 121 12017
ITEM MOVED FROM R7 AB
(Memorandum & Attachments)
R9 AH DISCUSSION REGARDING A MODIFICATION OF THE DEPARTMENT FUNDED AGREEMENT
(DFA) BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA DEPARTMENT OF
TRANSPORTATTON (FDOT), TO ALLOW THE CONSTRUCTION OF THE INDIAN CREEK
FLOODING MITIGATION PROJECT BE CONTINUED UNDER A SINGLE CONTRACT.
Public Works
Commissioner Joy Malakoff
Supplemental updated on 7 121 12017
|TEM MOVED FROM R7 R)
(Memorandum & Attachments)
5
THIS PAGE INTENTIONALLY LEFT BLANK
6
Agenda Item c6F
oate 7-J6-/7
AAIAI,AISTACH
To: Mayor Philip Levine and Members of City
FRoM: Jimmy L. Morales, City Manager
DATE: July 26,2017
SUBJECT: REPORT OF THE FINANCE AND
MEETING ON FRIDAY, JUNE 16,
COMMISSION MEMORANDUM
TYWIDE PROJECTS COMMITTEE {FCWPC)
7
A meeting of the Finance and Citywide Projects Committee was held on Monday, June 16, 2017 at
2:30 p.m. in the Commission Charnber, 3rd Floor of City Hall. Commissioners in attendance:
Commissioners Ricky Arriola, Joy Malakoff, John Elizabeth Alemin, and Micky Steinberg. Members
from the Administration and the public were also in attendance.
MEETING OPENED AT 1:06 P.M.
BUDGET BRIEFING:
NEW BUSINESS
1. FY 2017118 General Fund Preliminary CSL (without adjusting the operating millage rate
for debt service reduction)
ACTION
Tameka Otto Stewart, lnterim Budget Director presented the itern. They received the property
values on June 1, 2017 from the property appraiser's otfice and the property values increased
by 7.5o/o, which is slightly lower than what was received in previous years. The operating
expenses are projected to go up by $11.3 million, there are additional revenues of $300,000.
Right now overall we are pro.iected $11.6 million in revenue increase and $11.3 million increase
in expenditures. We are left with a projected surplus of $300,000 if we continue budgeting in the
way that we do right now.
Best Practices
Tameka Otto Stewart explained the two best practices.
During the FY2016/17 budget process, the City Commission set a goal of reducing the
General Fund's reliance on transfers from the Parking Fund. The FY2016117 budget included a
reduction of this subsidy from $8.4 million to $6.4 million, and set a target to further reduce this
subsidy during the FY2017/18 budget process by an additional $4.4 million.
ln addition, the City cunently utilizes vehicle loans to purchase replacement vehicles and
equiprnent in the General Fund. The CSL budget currently includes $290,000 in debt service
payments to coverthe cost of replacing the vehicles needed to be replaced in FY2017/18.
The Administration believes it is best practice to fund these purchases with cash in lieu of
debt, but dcing so would add an additional $2.2 million to the FY2017118 General Fund
','V* are ccsmi#ed to prcriJ:ng *xcelert pu&/rs seni;e cnrl -:oieg lo cjl ''yio /ir.e, v,*rk, ond oby in our rribrtnl trcpicof iisli:lc carrrni,rnif,
To request this malerial io accesrible formal $ign language interprete,s, irformafon on acaess for persons with disabi,ities, andror any accommodalion to rsyiew
any documeflt cr paf,icipate in any city-sponsored proceeding. p{ease coniact 305-604-2483 {vaice) or 305-673-7218 (fT! iive days in advance to iniiiate yout
tequest. TTY users may also call 711 (Florida Relay Service).
7
2.
budget. The overall gap would then be $6.3 million.
Jimmy L. Morales, City Manager said that the practice has been for rnany years that we fund
our vehicle purchases through that, so then our number of vehicle purchases continued to grow
over time. He said he would like to try to start with this budget to pay as you go, like how we
have some capital projects to try and get that number down. He said they have asked
departments to look far 4o/o cuts to their budgets to see if we can get to some or all of that $6.3
million and come back with that information to the July 1Oth meeting. No efficiencies are included
here.
Tameka Otto $tewart said that the Finance and Citywide Projects Comrnittee recomrnended
that the Commission set aside a reserve for the future reduction in revenues from the
homestead exemption if it is voted on. lt would be another $1.6 million reduction in our
revenues. She also said they will not be proposing any utility rate increases.
Millaoe Rate
Tameka Otto Stewart said they are proposing a reduction in the debt service millage rate only
because debt service costs went down. The operating millage rate right now is being lefi the
way it is for FY 17. Since the debt service costs went down the rate goes down.
Jimmy L, Morales said the millage rate will actually be on the July 26, 2A17 Commission
meeting. One issue that will be discussed either today or at the July 1Otn meeting is educational
funding. Generally, ii will remain the same and then in September when we have the real
numbers, that is when it can be lowered.
Proposed Uses Of Law Enforcement Trust Funds
ACTION
Tameka Otto Stewart, lnterim Budget Direcior explained that these are funds collected from
forfeiture of assets and they are available for the Police Department to submit requests every
year, Currently, the federalfund balance that is available is $116,000. They are proposing using
$100,000. The state fund has $229,000 and they are proposing using $217,000. The total
amount they are requesting is $317,000. Tameka Otto Stewart went through the list of what the
Police Department is requesting funding for FY 2018.
Daniel Oates, Police Chief said they have traditionally used the money in this fashion.
Review Of Proposed Capital Budget. Potential New GeneralObligation Bondr Above Ground Funding Of Capital Projects. Funding For Public Safety Radio System
ACTION
Ron Starkman, Budget Advisory Committee spoke about their meeting from last night. They did
take a close look at some of the big ticket items. They would like the City to plan better out in
3.
8
the fuiure as far as sources of revenue. He explained the information that witl be sent out in an
LTC regarding motions that were made at last night's meeting.
Tameka Otto Stewart, lnterim Budget Director presented the item. The following items were
requested by the Committee to fund.
" Fire Station #4 Kitchen Equipment Renewal - Moved funding for lhis project in the
amount of $41,849 to the proposed column.
r Fire Station # 3 Kitchen Equipment Renewal - Moved funding for this project in the
amount of $30,000 to the proposed column.
. Street Lighting lmprovements - The Committee directed that some funding be set
aside for streetlight improvements in each area of the City. The Mid Beach Quality of Life
Fund does not have sufficient dollars to fund both the lifeguard stands and the streetlights
being requested in FY 2017/18.
o Lincoln Road llllashington Avenue to Lenox Avenue Refurbishment of Lincoln
Road Pedestrian Mall- Moved funding for this project in the amount of $6,865,154 to the
proposed column.
r Euclid Avenue Between 17*'& sth Streets {Bike Lanes} - Removed the FY 2017118
request for this project per direction from the Transportation department.
' Bay Drive Neighborhood Greenway - Make this prolect a potential General Obligation
Bond project.
r Street Lighting lmprovements * Moved funding for this project in the amount of
$333,000 to the proposed column.
. Ocean Drive lmprovement * Removed this project, as it was a duplicate of the Ocean
Drive lmprovement project.
. Rue Vendome Public Plaza - Moved funding for this project in the amount of $645,000
to the proposed column.
o North Beach Bandshell Canopy - Moved funding for this project in the amount of
$443,000 to the proposed column
. North Beach Yard - Added this project and moved funding for this project in the amount
of $553,467 to the proposed column
Also moved the proposed FY 2017/18 funding to FY 2018119, as there is no rate increase to
cover the debt for the following projects:
r Water Meter Replacement Program $250,000. La Gorce Neighborhood lmprovement $ 6,520,374r Water and Sewer Lines on Venetian Bridge 91,000,000. Waste Water Pump Stations Rehabilitations 91,000,000. Scada and PLC Replacement for Water, Wastewater, Stormwater Pumping Stations
$1,512,500
9
Property Management will physically inspect the following locations, and advise whether funding
for these projects could be delayed until FY 2018119
. BotanicalGarden Roofo Fire #2 Garage Doors. Fire #3 Branch Lighting & Electrical
fhe Committee also requested that the Administration explore the possibility of funding the
Pocket Park at 20s Street & Sunset Drive project with Resort Tax Quality of Life dollars. Per
discussion with the Parks department, there was mention of a new hotel, which may change the
future use ofthe area, but based on the current use ofthe area, and the size and scope ofthe
project, we would not see it as a tourist related activity.
Commissioner AlemAn asked if ihey should be putiing rnore money in the initial year of roll out
for the public safety radio system. She said it is a critical system for lhe safety of the personnel.
Tarneka Otto Stewart said those funds are for the lT fund, which is an operating department, so
it is actually lT dollars. She would not recommend taking all of their fund balance in case of an
emergency.
John Woodruff, Chief Financial Officer said that this project is going to be financed over several
years, he said we are actually trying to back load it instead of front loading it and then potentially
pay ourselves back from the G.O. Bonds, because this is a perfect project for the proposed
G.O. Bond program. He said we want to continue to move fonivard, there is already $500,000
identified and there is $2,000,000 worth of one-time funds from the lT fund we can use to have
enough money in place up front to keep moving with the project.
Commissioner Alemdn said it sounds like we are going to wait for the bond to purchase the
radio system. John Woodruff said instead of waiting, there is a plan to do it, but we would like to
replace that plan with the G.0. Bond funding if and when it is approved.
Commissioner Alemin confirrned that we wouldn't be waiting. John Woodruff said no, the
project was approved last year; it just went to the last commission meeting.
FINANCE AGENDA:
OLD BUSINESS
4, Discuss The Key Development Parameters For The Barclay Plaza Apartments
IVorkforce Housing Project
Commission ltem C4A, March 1, ?017
(Otfice of Housing and Community Services)
Maria Ruiz, Director of Housing and Community Services
ACTION
Maria Ruiz, Director of Housing and Community Services presented the item. She said that this
item follows up on the conversation the committee first started in April with regard to getting
some data to what this Barclay population would be like once it is developed as workforce
housing. A survey was sent to all City employees and they were able to get back quite a few
responses. Of the 329 responses, 70olo of them said yes they would like to take advantage of
worKorce housing, which would keep them within the City. They all have 2 or more vehicles
10
also. ln terrns of incorne eligibilities for the site, 52olo of the respondents have met the income
eligibility, the big issue is that the vast majority of the thern were not in public safety and she
knows that is one of the issues that was discussed in the past.
Commissioner Alemin asked if we know that the public safety personnel are not interested or
they just didn't respond to the survey" Maria Ruiz said some conversations that she had with a
couple of thern were that they don't usually like to live in the City in which they work.
Cornmissioner AlemSn asked if that is true for fire employees as well. Maria Ruiz said she does
not know. Many firemen have other jobs that they do on their off days as well.
Maria Ruiz said she thinks there is a lot of interest with other City staff especially those who hold
adrninistrative positions, the ones that are probably going the greatest distance to come to work.
Maria Ruiz said the goal of the program is to cultivate homeowners through the rental process.
Commissioner Malakoff said if there are not enough City workers that want this housing, they
can extend the offer to teachers who are interested in 1 bedrooms.
Maria Ruiz said the final point of this would be confirmation of the items that were discussed
and making sure how they evaluate these packages once they get responses back, they are
looking at the number and configuration of units to be rehabbed and developed. She said she
was considering giving bonus points to the responders who can give more, reflecting what the
employee needs were. Also, giving bonus points to the responders proposing the lowest rents to
try to keep rents as low as possible for participants.
Maria Ruiz said they are looking at the RFP packages from many differenl vantage points, frorn
the end user, which will be the employees participating in the program.
Commissioner Alerndn said she will not be at the June 28, 2017 cornrnission meeting and there
are some workforce housing incentives on the agenda that would affect this RFP. They have to
specify 1.5 parking spaces per unit, but some of what is on the June 28, 2017 agenda would
eliminate the parking. Since this is for City of Miami Beach workforce housing we don't really
need the parking.
Commissioner Malakoff said the Gity of Miami Beach employees that were surveyed said they
do want the parking as that is one of the main arnenities that they want. Commissioner Alem6n
said that they have their cars now because they live far av\ray, but if they can live and work in
the same City. Commissioner Malakoff said they may have two jobs or need the car for their
spouse that works out of the City.
Maria Ruiz said they were trying to time the release of this RFP after those development items
get addressed and finalized so the developers have lhose options on the table when they are
looking at responding to the City's package.
Commissioner Alemdn said it would be interesting to survey the teachers and see how many
respond, she suggested working with Dr. Leslie Rosenfeld. Maria Ruiz said they can do that and
they received sorne preliminary numbers from the Schoot Board, which were about 78
employees who have expressed an interest in the program.
VOTE OF ACCLAMATION TO MOVE FORWARD l'l{ITH THE RFP
Discussion Regarding Future Uses Or The Potential Sale Of Vacant City-Owned Land
Located At 226 87th Terrace
11
Commission ltem C4A, October 19, 2016
(Sponsored by Commissioner Grieco)
Eva Silverstein, Tourism, Culture and Economic Development Director
ACTION
ITEM I'UITHDRAWN
NEW BUSINESS
6. Discussion Regarding The BDO Report
Commission ltern R9AC, May 17,2017
(Finance)
John Woodruff, Chief Financial Officer
ACTION
John Woodruff, Chief Financial Officer presented the item. John Woodruff gave some
background on the BDO Report. He explained that it was presented on May 17, 2017, since
then there has been a big update regarding the investigation, which Chief Oates will provide. He
said there was also a review by the Audit Committee, the Chair of the Audit Committee is
present along with Jim Sutter, the lnternal Auditor to share lheir thoughts as well.
Chief Oates said the big update is that the principal responsible for the theft has been arresied
and the investigation continues. He said when they went to anest him, he had been arrested by
the State of New York a couple of hours prior. He is a career fraud criminal. The U.S.
governrnent including the U.S. Attorney's office and the FBI has been fabulous with their
assislance on this case.
Jim Sutter, lnternal Auditor said they had an Audit Committee meeting on May 22,2017, during
which this item was discussed. The Audit Comrnittee was receptive to the report and basically
supported BDO's recommendations and the City's response to accept and irnplement corrective
action for all items, The audit committee passed 3 related motions. The first molion was that the
audit committee requested the City to implernent BDO's recommendations and establish an
internal audit plan to confirm lhey were implemented. He said as an Audit Department they will
go in there around the 3 month period and verify that everything was done according to
schedule. The second motion was that the audit committee requested the City seek an external
auditor consultant to perform a citywide risk assessment and have the audit committee assist in
the scope in selection of this process. BDO actually recommended this in one of their 58
recommendations. He said they are putting together a scope for an RFQ to work with
Procurement and have it available for the City Commission. He said he will present it in the
audit cornrnittee rneeting next week, so they can look at it and give input. They will work on it to
presenl it to the full commission on July 26, 2017. This assessment will be used to solidify and
help internal audit to direct where the resources should go. The third motion was that the audit
committee requested the City engage BDO in a form of follow up audit in about 6 months to
retest the controls over treasury and cash management and have the audit committee assist in
developing the scope.
Ron Starkman, mernber of the audit committee spoke. He explained that one of the other areas
of discussion was general organization. For example how compliance is managed in the City
and he said he sees that the City Manager has already made a change which is to have the
12
7.
lnternalAudit report directly to him instead of being under the budget department, which didn't
give the right visibility. He said they also talked about whether or not there should be a broader
compliance function and you could be looking at other areas where you would have in house
resources to do that. He said perhaps that it could work in conjunction with a whistle blower
prograrn. He said BDO had made a specific recommendation in terms of involving the City
Attorney and the committee. Staff felt it better to continue with the external. He said that maybe
it could be thought about more; take a closer look at how this is set up. He said the committee
also talked about how there should be some regular reporting to the Finance and Citywide
Projects Committee, also if the committee has the ability to get an executive session if there are
sensitive issues for them to hear it directly would be a good thing.
Commissioner Arriola said that the City Manager is the one that determines how to align the
departments, not this committee.
NO ACTION TAKEN
Discussion Regarding The North Beach Town Genter Redevelopment Proposal, lnvolving
City-Owned Parking Lots, Made By North tseach Town Center Development, LLC, An
Affiliate Of Pacific Start Capital, LLC
Commission ltem C4C, May 17, ?O17
(Sponsored by Commissioner Malakoff and Co-sponsored by Cornmissioner Arriola)
Eva Silverstein, Tourism, Culture, and Economic Development Director
Kathie Brooks, Assistant City Manager
ACTION
DIRECTION: Deferto the June 30, 2017 FCWPC meeting.
Discussion Regarding Washington Avenue Parking And Workforce Housing Options At
13s Street And Collins Avenue
Commission ltem R9P, May 17,2A17
(Capital lmprovement Projects)
David Martinez, Capital lmprovernent Projects Director
Saul Frances, Parking Director
AGTION
David Martinez, CIP Director presented the itenr. He said that at the last cornmission meeting
the commission directed CIP to come to the FCWPC and look at 3 options for this particular
garage to be located at 13th Street and Collins Avenue. The first option that was looked at was
strictly parking element, but only going up to a 55 foot height. The other two options were
developing to a 75 foot height, but involving ground floor retail with parking only for oplion 2 and
option 3 the same thing bul the top floor would involve workforce housing. He said they looked
at the different costs and looked at potential gross revenue frorn the different elements, parking
retail and the housing components. He said they worked with Maria Ruiz and her team. They
used some of the report information and from the Parking department, and real estate helped
with some numbers. Based on the number of parking spaces the last 2 columns in the memo
are based strictly on net spaces, not accounting for the exiting 53 spaces on the surface lot and
that is strictly for the garage portion.
Commissioner Alemiin asked how many housing units are in option 3, David Martinez said they
have about 18,000 gross square feet of space, which translates to 14,000 square feet of living
8.
13
area. As an estimate, you can fit about 23 600 square foot 1 bedroom units, just to get a gauge.
That is what the revenue projection is based on.
Commissioner Malakoff said she thinks they should do the 75 foot height. All of the hotels on
Washington Avenue have no parking along with the sidewalk cafes. She thinks they need to get
the 192 parking spaces, which would be option 2 her preference. There is also a need for
worldorce housing, which would be option 3. Both of those require the 75 feet. The question is
whether they want to put in the 23 600 square feet 1 bedroom units or do we want to have more
parking spaces. 154 parking spaces versus 192. The total would be 207 or 245.
Comrnissioner Arriola asked if this is for this year's budget. He said he just doesn't want to
approve something that we wouldn't be able to finance or pay for. David Martinez said it is fully
funded. He said when they priced this and put the budget request in is when they first started
this, they were doing retail and parking only. lt would be most comparable to option 2.
Comrnissioner Arriola said to Commissioner Malakoff's point to workforce housing, it is
desperately needed in the community. He asked how we would pay for that. David Martinez
said they would have to look at it, because they should not be using parking funds for a housing
element. They would have to take a look at it internally and figure out how it would be structured
if that is the direction the conrmittee wants them to take. He said we haven't done one yet.
Comrnissioner Arriola asked John Woodruff if it would be a P3 and if it could conlribute to the
cost of building out the apartments. John Woodruff, Chief Financial Otficer said it could be. He
said we would look at the best way to do it, but obviously whatever instrument that is used, the
revenue from the rent of those units is what would be pledged to pay that back. Comrnissioner
Ariola confirmed that it is a long term, so it wouldn't just be paid for in cash in year one, he
confirrned ihat it would be financed. John Woodruff said yes and it would pay for itself. lt
wouldn't be subsidized by the general fund or anything like that,
Commissioner Arriola asked what needs to be done with this item today and as it pertains to the
capital budget for option 3, which would have workforce housing. John Woodruff said that if the
comrnittee wanted to recommend option 3, then we would research the best way to do it
because it would be self-sufficient, it wouldn't impact the prioritization of the exercise that was
done earlier.
Commissioner Alemdn said her concern is that if there is 23 units, which comes out to a little
over $7 million for that piece. lt is a tittle bit more than $300,000 for that one bedroom, we did
better than that when the London House was done. The variety of the units in the London
House is superior and the price point for the residents is lower and we were able to restore a
historic building.
David Martinez mentioned that the only difference there was that there was already a structure
and with this project we are starting from scratch.
Cornmissioner Arriola asked on a per square footage basis what will the construction cost per
unit be. David Martinez said they are somewhere in the $250-300 per foot including soft costs.
Commissioner Alemdn asked where the $7 million is coming from. Commissioner Arriola said
that it doesn't matter how much it is, if it is self-funded it doesn't rnalter. lt is not taxpayer dollars.
John Woodruff said we would just have to validate that it self-funded. He said we would have to
meet a certain price point to make it worthwhite. Commissioner Arriola said since we own the
land and we don't have to use taxpayer dollars to do it, it's a no brainer.
14
Commissioner Arriola said to move on option 3. David Martinez said remember they are still
going through the design criteria process, which is why they are looking at all of these different
things. He also needs to get some waivers for development regulations, so it allows him once
commission formalizes it, he can continue with his waivers so at least they can put the pieces
together, keep developing the criteria, and work with administration to figure out how to do the
workforce housing component.
MOTION; Commissioner Malakoff moved to go fonvard with option 3. Commissioner Alem6n
seconded it.
9. Discussion Regarding The Costs Relating To Having Miami Beach Cornmit To Ensuring
ThatAll Government Buildings Will Be Powered By {00% Renewable Electricity
Comrnission ltem R9AB, May 17,2A17
(Sponsored by Vice-Mayor Rosen Gonzalez)
Margarita Wells, Environment and Sustainability Acling Director
Adrian Morales, Property Management Director
ACTION
Comrnissioner Arriola said he thought this was taken care of at the Sustainability and Resiliency
Comrnittee and he asked Margarita Wells if there were any numbers to provide yet.
Margarita Wells, Environment and Sustainability Acting Director said the first step would be to
find an energy efficient building to proposed for the project. She said she believes they would
bring this back to the Sustainability and Resiliency Committee either in July or September, once
they have numbers and then it can come back to this committee with actual financialfigures.
Commissioner Malakoff said that they were looking for additional companies that would do
energy rnonitoring to see where we can save money now as opposed to build a building that is
cornpletely 1 00% renewable electricity.
DIRECTION: Remove the item until after the Sustainability and Resiliency committee hears it
again in July or September.
10. Discussion Regarding Extending The Miami Beach Botanica! Garden To The Collins
Canal
Commission ltem C4H, June 7,2A17
(Sponsored by Vice-Mayor Rosen Gonzalez)
David Martinez, Capital lmprovement Projects Director
ACTION
Sandy Shapiro, Executive Director of the Miami Beach BotanicalGarden spoke. She gave some
background on the item; she mentioned it has been discussed in conjunction with the sea wall
prolect going on. She said they have the updated estimates for the 3'd phase of what was
started by Raymond Jungle a little while back.
Raul Aguila, City Attorney said this would be incorporating City property into the Miami Beach
Botanical Garden, which is also City property meaning there is no title problem.
Comrnissioner Arriola asked where the money would come from. David Martinez, CIP Director
said thal there is a current pro1ed that is funded called Botanical Garden seawall that has
15
available funding that they believe should be sufficient funds to do this. He said he would need
direction to proceed with this. He said he would incorporate it into the current design build work
that is being done for the seawall as part of the 19th Street pump station. He said they would
have to bring back a change order to utilize this funding for incorporating this portion.
MOTION: Cornmissioner Alemin motioned to incorporate this project into the current design
and use the available funding for the project. Commissioner Malakofi seconded it. Vote of
acclarnation to move it to the full commission with a positive recommendation.
{{. Discussion Regarding The Gondition Of The Log Cabin Structure Located At 8128 Collins
Avenue
Comrnission ltem C4N, June 7,2A17
( Property Managern ent)
Adrian Morales, Property Management Director
ACTION
Frank Garcia, Construction Manager presented the item. He presented some images of the log
cabin structure. He gave some background information regarding a consultant that assessed
the condition of the log cahin and provided some options for the structure. The consultant gave
inforrnation of how to bring the structure up to code, relocate the structure somewhere else on
siie, and maintain the existing structure and repurpose it somehow as a gateway to the site.
Frank Garcia said the log cabin has no historical designation; it is in very poor shape. lt has
termites and other vermin. The base floor is also below the flood elevation for the area. lt would
be need to be replaced with a new structure if the intent is to make it accessible to the public, or
make it possible to use as storage on site.
Commissioner Arriola confirmed that this is not a safe struclure and it is not safe for the public.
Frank Garcia said that is correct.
Commissioner Malakoff said she thinks this building should be demolished and the site should
be used for something else,
Commissioner Alemin said she doesn't think money needs to be allocated to rebuild the
building because we don't know what the use of the building should be. She agrees with funding
the dernolition and the removal of the structure since it is not safe. Commissioner Arriola said
this is where the North Beach Yard wsuld go. Commissioner Alemdn said she would rather see
the money go into that.
Commissioner Alem6n asked if John Woodruff can see if there is funding in the budget take
care of this.
MOTION: Commissioner Malakoff moved io fund the dernolition and removal of the structure in
the amount of $15,000. Commissioner Alem6n seconded.
12. Discussion Regarding Funding For The North Beach Bandshell Canopy
Comrnission ltem C4O, June 7,2017
(Sponsored by Commissioner Arriola)
David Martinez, Capital lmprovement Projects Director
ACTION
16
The item was spoken about during the budget discussion,
VOTE OF ACGLAMATION TO RECOMMEND FUNDING FOR THE PROJECT.
13. Discussion Regarding Sponsoring The Miami Beach Fit Fest ln North Beach
Commission ltem C4P, June 7,2A17
(Sponsored by Commissioner Arriola)
Eva Silverslein, Tourism, Culture, and Economic Development Director
ACTION
Carolina Jones, resident, spoke on behalf of Johnathan Strauss who is the event organizer. A
couple of others who are a part of the Miami Beach Fit Fest were present at the podium. $he
explained this is the third year doing this event^ She gave some background on the event. lt is
now a twoday festival in North Beach celebrating the community, fitness, and family. She
explained they were here ta talk about the event and ask for some potential waivers of fees.
She said the square footage and fees come out to roughly $2,200. There are also hard cost
fees for police, ocean rescue, and fire. Jenny Strauss said the foundation is raising funds to
teach children to swim.
Graham Winick, Film and Print Production Manager spoke. He said the request that had come
in was specifically that they were seeking sponsorship development dollars. The apptication was
done under the 501c3 H2O foundation. He said they already approved waivers of the
application for permit fee and vehicle access passes. The additional potential waiver would be
the square footage fee of the area, it would be around $2,500, not to exceed $3,000 would be
sufficient. The primary ask was for the City to consider a sponsorship of the event itself. There
are 4 different sponsorship levels for consideration.
Commissioner Alemdn asked if there is a funding source for any of the sponsorships. She
asked that the special events office include a waiver for the square footage fee not to exceed
$3,500. Graham Winick said since this is a new request it wasn't put into ihe fiscal budget, and
it would be have to be identified if desired to do so for the current fiscal year. He said they are
working with the commission on criteria for these kinds of requests and what restrictions should
be.
Comrnissicner Alemdn asked if the swimming lessons are for Miami Beach adults and children
or ihose outside of Miami Beach. Jenny Strauss said they do it for Miami Beach and all Miami-
Dade County, but this would be specific for Miami Beach.
Commissioner Malakoff asked the representatives if they expect to have their people coming for
the Fit Fest staying in hotel rooms in Miami Beach. One of the representatives said that
approxirnately 4O% of the pariicipanls come from out of lown and the host hotel is the Days Inn
right on Ocean Terrace. The Saturday portion will be beach soccer and the Normandy Village
farmers market will have a tent. Sunday will be the open water swim, the waiver will be used to
teach about 100 kids how to swirn. The $'t0,000 that they are requesting will be used for light
posts around the City and iheart radio advertising will contribute to more kids learning how to
swim.
Comrnissioner Arriola said that he is supportive of this and they can talk about the dollar
arnount. He said don't rely on making Miami Beach the title sponsor. He said they would like to
see non-profits prop thenrselves up with their own fundraising and not rely on City funds.
17
Commissioner Malakoff said she would like to see the City be a patron sponsor for $10,000.
She said she believes they can get funds from the VCA and asked if they have gone there.
Graham Winick said in addition to the criteria that they may or may not be able to provide
contracts, to meet the basic criteria; because this event is in 6 weeks they will not have
sufficient time to apply to the VCA.
Commissioner Malakoff said this event could start like the Food and Wine festival, it started as
taste of the beach and now it is tremendous. She said this can go and be lhe same, but they
must go well in advance to the VCA for next year's event. She thinks this will be a big tourist
draw as well as for locals.
Commissioner AlemAn asked if the nonprofit would be willing to work with the City to deliver the
swim lessons at the Normandy Park pool. She said the JCC where they are cunently doing the
lessons at is great, but it is a private facility and not just anyone can go in there and take
lessons. Since this will be using taxpayer funds to support it, she would rather see the benefit
benefitting the public. Jenny $trauss said they would love that.
Benton Galay, North Beach Bandshell said this event has been great and they have a long
record of accomplishment in Miarni Beach. He said he sees this as an anchor event and to
continue into the future in North Beach.
MOTION: Commissioner Malakoff moved the patron sponsorship of support by the City plus the
waivers for the square footage fees. Commissioner Alem6n seconded it.
14. Discussion Regarding A Review Of Recommended Changes To The City's Self-Funded
Health lnsurance Plan For The October 2017 Plan Year
Commission ltem C4l, June 7,2A17
(Human Resources)
Michael Smith, Human Resources Director
ACTION
Michael Smith, Human Resources Director presented the item.
Michael Smith said that overall he is happy to say that the plan is performing very well. $ince
2008 the cost has an average increase of 2.3a/o, which is well below the nalional trend of 8-10o/0.
Our pharmacy costs have increased an average of 3-6.3% and the nationaltrend has been 10-
12o/s. The change to Cigna last year was a very positive change. We have experienced lower
administrative charges, the claims costs have been in excess of $100,000 cheaper due to the
better discount arangement that Cigna has. The pharmacy savings have saved an excess of a
half a million dollars. Employees can enjoy a greater expanded network; this is especially true
for retirees since most of them live out of the area. The wellness program with Humana GO365
NRG has been extremely successful and just recently the City of Miami Beach has been named
one of the top 10 healthiest employers in Florida by the South Florida Business Journal. They
have a competition every year; we have competed with employers such as Humana, Citrix, City
Furniture, the School Board of Palm Beach County, and the Archdiocese of South Florida.
Michael Smith said the aspects of next year's program we will be introducing something called
the high deductible health plan, which is also known as a consumer driven health plan. There
will be a high deductible of $2,500-$5,000 depending on single or family, with a corresponding
18
health savings account to help offset sorne of that exposure of $1,000-$3,000; it will be on a
card. There will be a wellness incentive introduced for people are actively participating in the
wellness program, they will have to be at the gold, platinum, or silver stage, and they will get a
$40 a month credit. We are implementing a smoking penatty of $50 a month, but also
correspondingly adding a smoking cessation program. We are collapsing the top 2 tiers of the
health plan into 1 to make it a little simpler, since the high deductible health plan will be
introduced. An incentive for individuals will be provided for those that do not participate in the
City's health plan, who may be doing it through a prior retirement program, another job, or
spouse's coverage. We would also be embarking on a 3 year program to gradually try to
balance the contributions of the employee versus the City because it has goften out of balance
with the City contributing more than employees. We want to get back to a point where we are at
least having the employees pay 30% because we are down to about 24%.
Commissioner Malakoff asked why we pay the employee a $250 stipend if their spouse is
covering them in their insurance. Sonia Bridges, Risk Manager said it is not uncommon in City
and County government to give employees that one time stipend for not being on their plan
because the City's plan isn't carrying any of their claims since they are on someone else's plan.
Commissioner Malakoff said she thinks the wellness program is fantastic and that it benefits the
people in it to keep them healthier. She also thinks the smoking cessation proEram is great.
Sonia Bridges said the smoking cessation seminar will be July 5, 2017, she said we are getting
started now even before the new plan year so that if we have any smokers they have the
opportunity to get started. They will even have a personal coach to help them along the way.
The medicine that is attributed to quitting smoking is free; it is a part of the formulary.
Commissioner Alemin asked if there is any cost to being a part of the smoking program. Sonia
Bridges said not at all.
Commissioner Malakoff confirmed if they do not stop smoking, they pay an additional fee. Sonia
Bridges said yes, they pay a surcharge.
Commissioner Malakoff asked if they could explain the Cadillac tax and if it will affect the City of
Miami Beach at all.
Garrett Moore, Gallagher, Benefits, and Services spoke on the tax. He said when they looked at
the tax a few years ago, they saw it would hit in 2018 and thresholds had not been indexed up.
They saw that there would be a little over a million dollar impact when the Cadillac tax took
effect. Some of the changes that Michael Smith and Sonia Bridges and the City have done
mitigate the cost of the health plan, lhe wellness program being one of those things. When they
reran the numbers and taking into account it is now 2020 when the Cadillac tax would hit, the
numbers were muted compared to what they looked at a few years ago. They are looking at a
couple hundred thousand dollar liability. Since we have a self-funded health plan, there is a
spike in high cost claims. The future is undeterminable, but what they see right now is that the
Cadillac tax has been largely muted because of how the health plan is running and the efforts
made by the Human Resources department.
Commissioner Alemdn said she commends the City employees who work on the Humana
Vitality program. Michael Smith said they find that there is a spill over in the departments
morale,
MOTION: Commissioner Alemfn rnoved the item as recommended with the amendment to
eliminale the $250 stipend to enrployees who don't have health coverage with the City's plan.
19
Commissioner Malakoff seconded,
DEFERRED ITEMS
15. Discussion To Explore Placing Cameras On Every Corner Of The MXE {Mixed Used
Entertainment) District And On The Beachwalk, And lnstalling Emergency Activation
Boxes Along The Beachwalk
Comrnission ltem C4P, March 1,2017
(Sponsored by Vice-Mayor Rosen Gonzalez)
Daniel Oates, Police Chief
ACTION
DIRECTION: Deferto the Septernber 8,2A17 FCWPC meeting, pending NCAC direction.
16. Discuss Engaging ln A Pilot Program With A Cost Reduction Consultant
Commission ltem C4N, March 1,2017
(Sponsored by Commissioner Arriola)
James Sutter, lnternal Auditor
John Woodruff, Chief Financial Officer
ACTION
DIRECTION: Deferto the June 30, 2017 FCWPC meeting.
{7. Discussion Regarding The Maintenance Of Public Bathrooms Citywide
Commission ltem C4N, February 8,2017
(Sponsored by Commissioner Grieco)
John Rebar, Parks and Recreation Director
Adrian Morales, Property Managernent Director
ACTION
DIRECTION: Deferto the June 30, 2017 FCWPC meeting.
18. Discussion Regarding The Fees Charged To Developers To Appear Before The City's
Land Use Boards
Comrnission ltem C4F, April 26, ?A17
(Sponsored by Commissioner Alemdn)
Tom Mooney, Planning Director
ACTION
Jerry Libbin, President of Chamber of Commerce spoke on the item. He presented some
background on the item. He wanted to make sure that while staff is coming up with a
recommendation, he would like them to include that the goal is to have development. lt is not
necessary to recover all of the costs. He is hoping that they can come up with a reasonable cap.
Commissioner Alemiin said that the fees right now are all geared for brand new development
and there is no cap, she said staff is going to look at different rnodels with projects that have
20
some revisions, not just the brand new development and possible scenarios with the cap.
DIRECTION: Defer to the June 30, zAfi FCWPC meeting, pending formulation of a
recommendation.
{9. Discussion Regarding The Living Wage Rates For Fiscal Year 2A17-2018, ln
Accordance With Chapter 2, Article Vl, Division S, Section 2{08, Of The City Code
Cornrnission ltem C4G, April 26,2017
{Procurement}
Alex Denis, Procurement Director
ACTION
DIRECTION: Deferto the June 30, 2017 FCWPC meeting, pending cornpletion of analysis.
20. Discussion Regarding Washington Avenue Parking And Workforce Housing Options At
1 23411260 Was hington Aven ue
Commission ltern R9P, May 17,2017
(Capital lmprovement Projects)
David Martinez, Capital lmprovement Projects Direcior
Saul Frances, Parking Director
ACTICIN
DIREGTION: Deferto the June 30, 2017 FCWPC meeting, pending further analysis.
2{. Discussion Regarding The Evaluation Of Cost lrnpacts Of lmproving The Amenities At
Soundscape Park
Comrnission ltem R7G, June 7,2A17
(Tourism, Culture, and Economic Development)
Eva Silverstein, Tourism, Culture, and Economic Development Director
ACTION
DIRECTION: Defer to the June 30, 2017 FCWPC meeting, pending evaluation of costs.
22. Discussion Regarding An Economic Feasibili{ Analysis For The Proposed North Beach
Neighborhood Conservation District
Commission ltem C4K, June 7,2017
(Planning)
Tom Mooney, Planning Director
ACTION
Ot*r"r,O*: Defer to the July 28, 2017 FCWPC meeting.
OLD BUSINESS
23. Discussion To Explore A Lease To Bring The Wynwood Yard Concept To North Beach
21
Commission ltem R9AG, April 26, 2017
(Sponsored by Commissioner Arriola)
Eva Silverstein, Tourism, Culture, and Economic Development Director
ACTIOH
Tameka Otto-Stewart, lnterim Budget Director said that in order to include this item in the
budget, they would need a placeholder amount of money. She said there is $553,000 available
right now.
Jimmy L, Morales, City Manager said for now lhey can block off $500,000 depending on lhe
ultimate number when it goes to comrnission.
Tameka Otto-Stewart said that they will put a place holder for $500,000.
Comrnissioner Arriola said he thinks it will be a little more than that. Jimmy Morales said they
will set aside the entire $553,000.
Commissioner Alerndn said she would like to have the entrance sign implemented because that
is where everyone will be coming through to get to the North Beach Yard"
Ken Lyon and Della Hyrnan from the Nodh Beach Yard spoke. Mr. Lyon said that they just
finished a 3 day charrette with the DPZ Group which is the architect who is designing the
project. Some very interesting items were discussed regarding budget. He said they can bring a
full repod to the next meeting. Della Hyman said it looks like they will be able to accommodate
30 businesses on the site. 30 different localentrepreneur$ will be included.
DIRECTION: Come back to the next FCWPC meeting with a fullreport.
NEW BUSINESS
24. Discussion Regarding Contingencies llllhen The City Bids For Construction Contracts
Commission ltem R7K, June 7,2017
(Public Works)
Eric Carpenter, Assistant City Manager/Public Works Director
ACTION
Jay Fink, Assistant Public Works Director said that most of the items that come before this
committee and the commission do include a 1Ao/a contingency" There was one item that came
up recently that Commissioner Steinberg questioned that it did not have a contingency, that is
only because it bounced up against the ceiling for the funding threshold. He said they will go
into further detail and defer the item until next month.
DIRECTION: Defer to next month's FCWPC meeting.
Meeting adjourned at 4:13 pm,
JLMIJWMTG
22
Agendaltem RSG
Date 7- Zb -t-l
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine
Members of the City Commission
cc: Raul J. Aguila, City Attorney
Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
FRoM: Commissioner Ricky Arriola
DATE: July 26,2017
SUBJECT: Residents' Right to Know Ordinance
Attached for consideration by the Mayor and City Commission are my proposed amendments
to the Residents' Right to Know Ordinance, which is scheduled for Second Reading/Public
Hearing on July 26,2017.
23
Proposed amendments to ltem RsG - Residents' Right to Know Ordinance
July 26,2017
Sec. 2-14. - Residents' Riqhtto Know.
61 Procedural faimess rn quas,-iud;c,a/ helnhos.
*The
citv snatl ensure tnat representatives
of reoistered neiohborhood associations (and individuals who choose to reoister) shall
have the opportunitv at ouasi-iudicial hearinqs before the citv's land use boards, or the
citv commission. to present or rebut evidence relevant to matters that impact residents'
qualitv of life. Thie shall inelHd
# Reqistered neiqhborhood associations (and individuals who
choose to reoister) do not need to retain leqal counsel to exercise these procedural
riqhts. Notices of filinq. and a copv of each quasi-iudicial application. shall promptlv be
made available on the citv's website w within three (3) davs of filinq, and
amendments thereto or supplemental information shall be filed and promptlv made
available on the citv's website in advance of the date of the scheduled hearinq.
the reeendderati *B
beard er eitY eernm
ehalleneed aetien
the sele diseretl
***
24
Agenda ltem
Date
SW
AKOYA
July 20, 2OL7
Mr. Thomas Mooney, Planning Director
City of Miami Beach
PI-ANNING DEPARTMENT
1700 Convention Center Drive
Miami Beach, FL 33139
Re: LUDC referra! to city commission - RM-3 zoning accessory uses
Dear Mr. Mooney,
I am writing on behalf of the Akoya Condominium Association, Inc and
its Board of Directors regarding the above referenced matter.
The Board of Directors of Akoya Condominium Association supports
Commissioner Aleman's proposal to remove the floor restriction that
governs accessory uses in the RM-3 district. As previously discussed,
there are many buildings that have amenity decks built on top of parking
garages and common area spaces above the ground floor that can
accommodate these uses. The change to the City code is not only
logical, it is necessary.
We look forward to your response and thank you in advance for your
consideration.
6365 Collins Avenue
Miami Beach, FI33l4l
Tel786 621-3333
Fax 786 621-1843
R SX
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the Board of Directors of
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Resolutions - R7 H
GOMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 26,2017
2:30 p.m. Public Hearing
SUBJECTA RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULYADVERTISED PUBLIC HEARING,
ACCEPTING THE WRTTTEN RECOMMENDATTON OF THE C|TY MANAGER (AS
SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THlS
RESOLUTION), AND WAIVING, BY strTH VOTE, THE COMPETTTTVE B|DDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CITY APPROVING, IN SUBSTANTIAL FORM, THE LEASE AGREEMENT
ATTACHED TO THIS RESOLUTION ('LEASE'), BETWEEN THE CITY AND
NORTH BEACH YARD, LLC (TENANT), INVOLVING THE USE OF THE CITY-
OWNED PROPERTY LOCATED AT 81OO-8140 COLLINS AVENUE, MIAMI BEACH,
FLORIDA, WITH THE LEASED PREMISES CONSISTING OF UP TO 52,500
SQUARE FEET, FOR USE AS A FOOD, BEVERAGE AND ENTERTAINMENT
PAVILION, INCLUDING RETAIL AND OTHER VENDORS, AND FOR
CULT URAL/COMMU N ITY PROGRAMMING AN D ENT ERTAINMENT OFFERINGS;
PROVIDING FOR CITY TO DESIGN AND CONSTRUCT CERTAIN LANDLORD
IMPROVEMENTS IDENTIFIED IN THE LEASE (THE 'LANDLORD
IMPROVEMENTS"); PROVIDING AN lNlTlAL TERM OF FIVE (5) YEARS,
COMMENCING FOLLOWING THE CITY'S COMPLETION OF THE LANDLORD
TMPROVEMENTS, W|TH TWO (2) RENEWAL TERMS OF TWO (2) YEARS EACH,
TO BE EXERCISED UPON MUTUAL AGREEMENT OF CITY AND TENANT;
PROVIDING FOR THE LEASE TO BE SUBJECT TO AND CONTINGENT UPON
(1) AN APPROPRTATTON OF FUNDTNG FOR THE LANDLORD TMPROVEMENTS;
(2) ANY AMENDMENTS, AS MAY BE REQUIRED TO THE CITY OF MtAMt BEACH
CODE OF ORDINANCES, THE CITY'S LAND DEVELOPMENT REGULATIONS
AND COMPREHENSIVE PLAN, AND (3) ANY FINAL NON-APPEALABLE
APPROVALS FROM THE APPLICABLE CITY LAND USE BOARDS; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FINAL NEGOTIATED LEASE UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION, SUBJECT TO REVIEW AND FORM
APPROVAL BY THE CITYATTORNEY.
ANALYSIS
See Memorandum attached.
Fage 1755of2856
27
Legislative Tracking
Tourism, Culture and Economic Developrnent
Sponsor
Mce-Mayor RickyAniola
ATTACHMENTS:
Description
o Memorandum
n Resolution
o Lease
u CapitalBudget
o RentalStructure
o Revenue and Expense Overvievn,
o Capital Budget Descriptions
oAd
Page 1756 of2856
28
MIAMIBTACH
City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
FROM:
DATE:
SUBJECT:
COMMITTEE MEMORANDUM
Mayor Philip Levine and Members of The City Commission
Jimmy L. Morales, City Manager
July 26,2017
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY
ADVERTISED PUBLIC HEARING, ACCEPTING THE WRITTEN
RECOMMENDATTON OF THE C|TY MANAGER (AS SET FORTH lN
THE CITY COMMISSION MEMORANDUM ACGOMPANYING THIS
RESOLUTTON), AND WA|V|NG, BY 5/7TH VOTE, THE COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE !N THE
BEST INTEREST OF THE GITY; APPROVING, IN SUBSTANTIAL
FORM, THE LEASE AGREEMENT ATTACHED TO THIS RESOLUTION
("LEASE"), BETWEEN THE Ctry AND NORTH BEACH YARD, LLC
(TENANT), TNVOLVTNG THE USE OF THE C|TY-OWNED PROPERTY,
LOCATED AT 81OO-8140 COLLINS AVENUE, MIAMI BEAGH,
FLORIDA, WITH THE LEASED PREMISES CONSISTING OF UP TO
52,500 SQUARE FEET, FOR USE AS A FOOD, BEVERAGE AND
ENTERTAINMENT PAVILION, INCLUDING RETAIL AND OTHER
VENDORS, AND FOR CULTURAL/COMMUNITY PROGRAMMING AND
ENTERTAINMENT OFFERINGS; PROVIDING FOR CITY TO DESIGNAND CONSTRUCT CERTAIN LANDLORD IMPROVEMENTS
tDENTtFtED !N THE LEASE (THE "LANDLORD TMPROVEMENTS");
PROVID|NG AN tNtTtAL TERM OF FIVE (5) YEARS, COMMENCING
FOLLOWING THE CITY'S COMPLETION OF THE LANDLORD
TMPROVEMENTS, WITH TWO (2) RENEWAL TERMS OF TWO (2)
YEARS EACH, TO BE EXERCISED UPON MUTUAL AGREEMENT OF
CITY AND TENANT; PROVIDING FOR THE LEASE TO BE SUBJEGT
TO AND CONTTNGENT UPON (1) AN APPROPRTATTON OF FUNDING
FOR THE LANDLORD IMPROVEMENTS; (2} ANY AMENDMENTS, AS
MAY BE REQUIRED TO THE CITY OF MIAMI BEACH CODE OF
ORDINANGES, THE GITY'S LAND DEVELOPMENT REGULATIONS
AND COMPREHENSIVE PLAN, AND (3) ANY FINAL NON-
APPEALABLE APPROVALS FROM THE APPLICABLE CITY LAND
USE BOARDS; AND FURTHER AUTHORIZING THE MAYOR AND Clry
CLERK TO EXECUTE THE FINAL NEGOTIATED LEASE UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION, SUBJECT TO REVIEW AND FORM APPROVAL BY
THE CITY ATTORNEY.
TO:
Page 1757 of2856
29
BAGKGROUND
At the April 26, 2017 Cily Commission meeting, Commissioner Arriola placed a discussion item
on the agenda regarding the possibility of bringing the Wynwood Yard concept to North Beach,
as part of the Mayor and City Commission's efforts to revitalize and activate the City's North
Beach area.
Launched in 2015, the "Wynwood Yard" is a culinary incubator and community hub for local
entrepreneurs. Situated on five previously vacant lots in Wynwood, the concept was created
with the intent to attract restaurant startups and community members that could collaborate and
enjoy a space that allowed them to flourish. Now, just two years later, those five former vacant
lots feature food trucks, niche restaurants, a large organic garden, and entertainment space.
Wynwood Yard prides itself on being able to highlight sixteen (16) local entrepreneurs that are
building their local businesses while engaging the local community in unique, fresh concepts.
The North Beach Yard, LLC (the'-Tenant") is a Florida limited liability company created by Della
Heiman and Ken Lyon, two of the principal operators of the Wynwood Yard concept. The
Tenant's proposal is for the City to lease to the Tenant the City-owned properiy located at 8100-
8140 Collins Avenue, Miami Beach, Florida (the "Premises"), with the Premises consisting of up
to 52,500 square feet, which would be used in a manner similar to the operation of the
Wynwood Yard, as an open air food, beverage and entertainment pavilion, including retail and
other vendors, and communitylcultural programming such as yoga, music, performances, family
friendly activities, and other community based programming. The Tenant's proposed uses
require regulatory approvals, which are discussed more fully below.
As a result of the discussion at the April 26, 2017 Commission meeting, the City Commission
decided on a triple referral of the item to the Land Use and Development Commiilee (LUDC),
the Finance and Citywide Project Committee (Finance Committee), and the Planning Board.
The referral item received favorable recommendations from the LUDC at its May 10, 2017
meeting and from the Planning Board at its May 23,2017 meeting.
At the June 16, 2017 Budget Briefing, the Finance Committee recommended that $553,000 be
earmarked for capital improvements to the Premises that the City would agree to undertake in
connection with the Premises (the "Landlord lmprovements"), with such amounts subject to
approval by the City Commission as part of the FY2A17nB budget process. The proposed
capital improvements are summarized more fully below.
On June 30, 2017 the proposed lease terms were presented to the Finance Committee for its
review, and at that meeting, the Finance Committee directed the Administration to continue to
negotiate the lease terms, and favorably recommended moving forward with the proposed lease
for consideration by the City Commission (without any further action required by the Finance
Committee).
ANALYSIS
The Administration has worked with the Tenant to develop and agree upon a Lease, in
substantial form, attached hereto and incorporated by reference herein as Attachment 1; to
evaluate and refine the proposed management structure; rent structure; and revenue projection,
including estimated resort tax revenue and potential parking revenue generated as a result of
the operation of the North Beach Yard (if the Commission decides to implement parking fees
after 6 P.M. in the vicinity of the Premises).
Page 1758 of2856
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A summary of pertinent Lease terms is included below and in the Lease Summary set forth in
pages 2 through 5 of the Lease (Attachment 1). ln addition, the analysis below identifies
several factors and issues to consider in evaluating the "North Beach Yard" concept and the
Lease, including the following:
Rent
Base Rent (minimum fixed rent) and Percentage Rent is summarized in the Lease Summary on
pages 2 - 5 of the proposed Lease. The Percentage Rent, if any, payable to the City is based
on the rental income the Tenant will charge to operators at the Premises, and does not include
any percentage of sales of food and beverage operations at the Premises.
Term
The initial term of the Lease is for a period of five (5) years, commencing following the City's
completion of the Landlord lmprovements discussed fu(her below. The Lease includes two (2)
renewal terms of two (2) years each, subject to mutual agreement of the City and the Tenant.
Except in the event any environmental site conditions are discovered on the Premises, or in the
event the costs for the City to complete the proposed Landlord lmprovements exceeds available
funding and the Tenant and City cannot agree to scope reductions, the Lease may only be
terminated for convenience during a Renewal Term, on nine (9) months advance written notice.
The Loo Cabin Buildinq
As drafted, the Lease currently excludes from the definition of the Premises the Log Cabin
building that is currently located on the site (identified in Exhibit "A" to the Lease as the "Log
Cabin"), as the building is not in occupancy condition and a City Commission determination as
to the status or disposition of the Log Cabin is necessary in order to proceed with finalizing the
lease and the Tenant's site plans.
Commission direction regarding the Log Cabin is a separate Commission item slated for
discussion at the July 26, 2017 meeting. Once the City Commission provides direction with
regard to the Log Cabin, the pertinent Lease provisions will be modified accordingly. The
Tenant has stated that it will respect any policy decision made by the City Commission
regarding the Log Cabin.
lmportantly, at this time there is no funding currently proposed in the FY2A17|2O18
budget for restorationlrebuilding of the Log Cabin.
Prooosed Caoital lmprovements for the Premises
A proposed Capital Budget for NBY was provided by the Tenant (see Attachment 2 - NBY
Capital Budget), which includes the Tenant's preliminary estimate of the costs of necessary
infrastructure improvements to make the site viable for the type of use proposed. As outlined in
the proposed capital budget, the Tenant has estimated that the Landlord lmprovements will cost
the City $750,000, excluding any costs for renovation or restoration of the Log Cabin.
Gity's estimates for the Landlord lmprovements are likely to be significantly higher than
Tenant's estimates. The City's CIP Department is working on preliminary estimates of the
costs for the Landlord lmprovements based on proposed plans recently provided by the Tenant.
Preliminary estimates indicate that the City's costs for the Landlord lmprovements could be
significantly higher than the $553,000 currently earmarked for approval as part of the Fiscal
Year 2017118 Budget, and would exceed the $750,000 estimates in the NBY Capital Budget as
provided by the Tenant. CIP continues to refine its estimates for City costs, and will report
further on its findings at the Commission meeting.
Page 1759 of2856
31
Attachment 5 outlines a list of the proposed Landlord lmprovements that Tenant has requested
be undertaken by the City, including: grading, clearing, and debris removal; perimeter
landscaping and fencing; interior landscaping and fencing; interior landscaping and mosquito
mitigation; ground surface work (grass astro turf, stones, pavers, etc.); electrical; lighting;
speakers; plumbing; grease trap; bathroom renovation; trash areas; roof top pavilion (if
structurally feasible); and entrance gates.
As proposed in the Lease, the City's obligation is limited to the not-to-exceed amount specified
in the Lease. ln the event that the City's estimated costs for the Landlord lmprovements
ultimately exceeds the City's budgeted appropriation, the Tenant may either (1) identify
additional funding to cover the funding shortfalls; (2) work with the City to adjust the project
scope, as necessary, to complete the Landlord lmprovements within the City's budget and any
additional funding that may be identified by Tenant. lf sufficient funding for the Landlord
lmprovements is not identified, or if the City and Tenant cannot agree on project scope
reductions sufficient for the purposes of opening the North Beach Yard to the public, then either
City or Tenant may terminate this Lease for their convenience.
Additionally, the Tenant's proposed capital budget includes a contractual commitment for the
Tenant to spend a minimum of $1,750,000 on Tenant-related improvements. The City and the
Tenant are further discussing the possibility of additional improvements in the amount of
$320,000 for sustainability/renewable energy systems which may be provided by private
sponsors and phased into the project over the Term.
Tenant's Responsibilitv for Operatino Expenses and Tenant lmprovements
The Lease provides for the Tenant to be responsible for all operating expenses including real
estate taxes, insurance, maintenance costs, and utilities for the Premises. Additionally, the
Tenant would be responsible for design, permitting and construction/installation of Tenant
improvements required for the operations of the Premises (all improvements other than the
proposed Landlord lmprovements). All improvements shall be subject to approval by the
applicable regulatory boards, such as the Design Review Board, and by the City Commission in
its proprietary capacity as the owner of the Premises.
Communitv Proqrammino
Tenant has agreed to execute a minimum of seven (7) cultural and community events each
week, which shall be offered to the general public at no charge, including gardeningiurban
farming classes, live local music, non-profit events, cooking workshops, fitness classes, and the
like. ln addition, Tenant will offer at least five (5) additional classes, activities or events each
week at moderate prices, with the price schedule for the events or activities to be subject to the
advance written approval of the City Manager. Miami Beach residents will receive a discount of
fifteen percent (15%) and U.S. Armed Forces veterans a discount of 25o/o off the regular price
for the classes, activities, or events.
Due Dilioence/Financial Review
City staff is conducting a due diligence review to verify that the proposed NBY financial
projections are in line with currently operational expenses and revenues at Wynwood Yard.
Staff is reviewing profit and loss statements at the Wynwood Yard to verify that the Tenant's
proposed expense vs. revenue estimates for North Beach Yard aligns with the current
operational expense vs. revenue percentages at Wynwood Yard. This review is intended to
provide an understanding of the significant expenses identified by the Tenant in association with
this type of business model. This provides further support for adopting a different rent structure
than other City commercial lease agreements with for-profit entities. As this review is ongoing,
Page 1760 of2856
32
City staff will report further on their findings at the Commission meeting. The proposed rental
structure is attached hereto as Attachment 3, and the NBY Revenue and Expense overview is
attached hereto as Attachment 4.
Pendinq Requlatorv Code Chanqes Required for the Lease
The Lease is subject to and contingent upon a number of regulatory approvals required to
permit an outdoor entertainment establishment on the premises, including:
1. A change in the current Future Land Use Map (FLUM) category from RM-1 to Public
Facility (PF) for properties fronting Collins Avenue between 79th Street and 87th Street,
as well as a modification to ihe Public Facility (PF) portion of the Comprehensive Plan to
allow for commercial uses as a permitted use.
2. An amendment to Sec. 142-425(d) of the Land Development Regulations of the City
Code to give the City Commission the ability to grant waivers of development regulations
for private uses approved by the City Commission for a period of 10 years or less,
except for the historic preservation and design review processes.
3. An amendment to Sec. '122-5 of the Land Development Regulations of the City Code to
give the City Commission the ability, be separate Resolution, to waive the concurrency
requirements of the City Code for uses located on lots with a GU zoning designation
fronting Collins Avenue between 79th Street and 87th Street.
Operatinq Hours and Noise
The proposed operating hours are Monday through Sunday, no earlier than 7 A.M. each day,
except for the "Morning Glory" cotfee shop, which may open no earlier than 6 A.M. each day.
On Sunday through Wednesday, Tenant must cease all sales (including, without limitation, food,
beverages, alcoholic beverages, and retail items) no later than 11 P.M. and close no later than
11:30 P.M. On Thursday, Friday and Saturday, Tenant must cease all sales (including, without
limitation, food, beverages, alcoholic beverages, and retail items) no later than midnight and
close no later than 1 A.M.
The hours established in the Lease shall be further subject to modification by the City pursuant
to any Conditional Use Approval that may be required for the Premises, unless such
requirements are waived by the City Commission, at its sole discretion.
ln addition, the Lease provides Tenant with the ability to request the City Manger's approval of
an extension of the normal operating hours outlined above, for up to six (6) days per Lease Year
(with any such extended hours solely applying on a Thursday, Friday or Saturday), to permit
Tenant to cease all sales no later than 'l:00 A.M., and to close no later than 2 A.M. on such
dates, if approved by the Landlord's City Manager.
With respect to the potential for noise issues, and as the occupancy loads for the premises have
not yet been determined, and could potentially include a capacity ranging from 1,000 to 2,000
people, the Lease includes stringent requirements to ensure compliance with the provisions of
current City code and noise ordinances
CONCLUSION
For the past four years, the Mayor and City Commission have placed a strong emphasis on re-
investing in North Beach to improve the quality of life for our residents and create important economic
Page 1761 of2856
33
activity for the area. ln order to jumpstart some of these activities and programs, the City has been
willing to provide incentives and subsidies, such as waiving fees for sidewalk cafes in North Beach
and subsidizing the O Cinema at the Byron-Carlyle. Unlike South of Fifth or the City Center, this area
has not benefitted from a CRA that would have required funds generated there to be reinvested in
that community. Consequently, the City has utilized other methods to provide an impetus to quality
activity in North Beach.
As such, in evaluating the merits of this project and arriving at a recommendation, I have not
analyzed this like a commercial lease for retail space on Lincoln Road or Washington Avenue. The
lot in question is not prime retail space. ln fact, as far as we know, this lot has only been used by a
non-profit as a nursery or the city for temporary offices. But now we do have the opportunity to utilize
this lot to bring a concept to North Beach that has been wildly successful in Wynwood, and that, from
my personal experience, provides a family friendly environment in a cutting edge setting. Staff has
negotiated a lease that we believe provides the Tenant a fair opportunity to achieve success while
also offering community programming. The City's investment in infrastructure at this location is no
different than the significant investments made by the City in infrastructure on Lincoln Road,
Espanola Way, Ocean Drive or other commercial corridors. These investments benefit both the
businesses located there and provide the amenities our residents and visitors enjoy. The hope is that
this investment will do the same in North Beach.
As for the issue of competitive procurement, there is no question that the City could achieve a larger
payment if we were to lease or sell the land to a developer looking to build condos or commercial
buildings. But I believe that the City Commission is trying to achieve something different than highest
and best use. The goal is to create a catalyst for activity that is high caliber but also community
friendly. Wynwood Yards has done precisely that in Miami. One could make the argument that there
may be other entities that could create the same concept. But we do know that this operator has the
track record, the contacts and relationships, and the vision to move this fonrvard. As such, I
recommend that the City Commission waive, by 5/7th vote, the competitive bidding requirement,
deeming it to be in the City's best interest, and approve the Lease, in substantialform. , and authorize
the Mayor and City Clerk to execute the final negotiated lease agreement, upon conclusion of
successful negotiations by the Administration, subject to review and form approval by the City Attorney.
Attachments:
1. Attachment 1: Lease in substantial Form
2. Attachment 2: Capital Budget
3. Attachment 3: Rental Structure
4. Attachment 4: Revenue and Expense Overview
5. Attachment 5: Capital Budget Descriptions
JLM/KGB/ES
Page 1762 of2856
34
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, FOLLOWING A DULY ADVERTISED PUBLIC
HEARING, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY
MANAGER (AS SET FORTH tN THE CITY COMMTSSTON MEMORANDUM
ACCOMPANYING TH|S RESOLUTTON), AND WAIVING, BY 5/7TH VOTE, THE
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY; APPROVING, IN SUBSTANTIAL FORM,
THE LEASE AGREEMENT ATTACHED TO THIS RESOLUTION ("LEASE"),
BETWEEN THE CITY AND NORTH BEACH YARD, LLC (TENANT), INVOLVING
THE USE OF THE CITY.OWNED PROPERry, LOCATED AT 8100,8140
COLLINS AVENUE, MIAMI BEACH, FLORIDA, WITH THE LEASED PREMISES
CONSISTING OF UP TO 52,500 SQUARE FEET, FOR USE AS A FOOD,
BEVERAGE AND ENTERTAINMENT PAVILION, INCLUDING RETAIL AND
OTHER VENDORS, AND FOR CULTURAL/COMMUNITY PROGRAMMING AND
ENTERTAINMENT OFFERINGS; PROVIDING FOR Clry TO DESIGN AND
CONSTRUCT CERTAIN LANDLORD IMPROVEMENTS IDENTIFIED IN THE
LEASE (THE "LANDLORD IMPROVEMENTS"); PROVIDING AN INITIAL TERM
oF FlvE (5) YEARS, COMMENCTNG FOLLOWING THE CtTY',S COMPLETTON
oF THE LANDLORD IMPROVEMENTS, WITH TWO (2) RENEWAL TERMS OF
TWO (2) YEARS EACH, TO BE EXERCTSED UPON MUTUAL AGREEMENT OF
CITY AND TENANT; PROVIDING FOR THE LEASE TO BE SUBJECT TO AND
CoNTTNGENT UPON (1) AN APPROPRTATTON OF FUNDTNG FOR THE
LANDLORD IMPROVEMENTS; (2} ANY AMENDMENTS, AS MAY BE REQUIRED
TO THE CITY OF MIAMI BEACH CODE OF ORDINANCES, THE CITY'S LAND
DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN, AND (3) ANY
FINAL NON.APPEALABLE APPROVALS FROM THE APPLICABLE CIry LAND
USE BOARDS; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE FINAL NEGOTIATED LEASE UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION, SUBJECT TO
REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY.
WHEREAS, at the April 26, 2017 Clly Commission meeting, Commissioner Arriola
placed a discussion item on the agenda regarding the possibility of bringing the "Wynwood Yard"
concept to a location in North Beach, as pad of the Mayor and City Commission's efforts to
revitalize and activate the City's North Beach area; and
WHEREAS, launched in 2015, the "Wynwood Yard" is a culinary incubator and
community hub for local entrepreneurs situated on five (5) previously vacant lots in the Wynwood
area of Miami, Florida, a concept created to attract startups and which, just a few years following
its inception, has transformed those five former vacant lots to feature food trucks, niche
restaurants, a large organic garden, and entertainment space; and
WHEREAS, the proposal from North Beach Yard, LLC ("Tenant"), a Florida limited
liability company created by two of the principals of the Wynwood Yard concept, Danielle ("Della")
Heiman and Kenneth Lyon, is for the City to lease to the Tenant the City-owned property located
at 8100-8140 Collins Avenue, Miami Beach, Florida (the "Premises"), currently used for a
neuter/spay program, with the Premises consisting of up to 52,500 square feet, for use as an open
35
air food, beverage and entertainment pavilion, including retail and other vendors, and for
cultural/community programming and entertainment offerings; and
WHEREAS, on June 30,2017, the proposed lease terms were presented to the Finance
and Citywide Projects Committee ("Finance Committee") for its review, in accordance with the
requirements of Section 82-37 of the City Code, and at that meeting, the Finance Committee
favorably recommended moving fonarard with the proposed lease for consideration by the City
Commission; and
WHEREAS, the City's proposed lease agreement, in substantial form, is incorporated
herein by reference and attached as Exhibit "A" to this Resolution (the "Lease"); and
WHEREAS, at the Finance Committee's June 16, 2017 budget briefing, the Finance
Committee recommended that $553,000 be earmarked for the City to undertake certain capital
improvements to the Premises, with such amounts subject to approval by the City Commission as
part ofthe FY2017l18 budget process.
WHEREAS, the Lease provides for the City to design and construct certain
improvements identified in Exhibit "C" to the Lease (the "Landlord lmprovements"), provided,
however, that the City's maximum financial contribution for the design and construction of the
Landlord lmprovements is specified in the Lease, and this funding commitment is subject to and
contingent upon an appropriation as part of the City's FY201712018 budget process; and
WHEREAS, the Lease is for an initial term of five (5) years, commencing following the
City's completion of the Landlord lmprovements, with two (2) renewal terms of two (2) years each,
with such renewal terms to be exercised on mutual agreement of the City and Tenant,
WHEREAS, the Lease is further subject to and contingent upon any amendments, as
may be required to the City of Miami Beach Code of Ordinances, the City's Land Development
Regulations and Comprehensive Plan, and any final non-appealable approvals from the applicable
City land use boards; and
WHEREAS, based on the Mayor and City Commission's desire to activate the area in
the vicinity of the Premises, the City Commission finds
WHEREAS, based on the foregoing, if the City Commission approves the proposed
Lease, in substantial form, the Administration recommends that the City Commission authorize the
Mayor and City Clerk to execute final negotiated lease upon conclusion of successful negotiations
by the Administration, subject to review and form approval by the City Attorney.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMTSSION OF THE CITY OF MIAMI BEACH, FLORIDA, following a duly advertised public
hearing, hereby accept the written recommendation of the City Manager (as set forth in the City
Commission memorandum accompanying this Resolution), and waive, by 5l7th vote, the
competitive bidding requirement, finding such waiver to be in the best interest of the City; and
approve, in substantial form, the lease agreement attached to this Resolution ("Lease"), between
the City and North Beach Yard, LLC (Tenant), involving the use of the City-owned property,
located at 8100-8140 Collins Avenue, Miami Beach, Florida, with the leased premises consisting of
up to 52,500 square feet, for use as a food, beverage and entertainment pavilion, including retail
and other vendors, and for cultural/community programming and entertainment offerings; provide
for the City to design and construct certain landlord improvements identified in the lease (the
36
"Landlord lmprovements"); provide an initial term of five (5) years, commencing following the City's
completion of the Landlord lmprovements, with two (2) renewal terms of two (2) years each, to be
exercised upon mutual agreement of City and Tenant; provide for the Lease to be subject to and
contingent upon (1) an appropriation of funding for the Landlord lmprovements; (2) any
amendments, as may be required to the City of Miami Beach Code of Ordinances, the City's Land
Development Regulations and Comprehensive Plan, and (3) any final non-appealable approvals
from the applicable City land use boards; and further authorize the Mayor And City Clerk to
execute the final negotiated lease upon conclusion of successful negotiations by the
Administration, subject to review and form approval by the City Attorney.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR
2017.
APPROVEDASTO
FORM & IAT{GUAGE
& FOB P(ECUTION
CityAttomey {Le'4
37
LANDLORD: CitY of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
TENANT:NORTH BEACH YARD LLC
DATE OF EXECUTION:
LEASE AGREEMENT FOR THE OPERATION OF THE
..NORTH BEACH YARD''
AT
81 O8-8I 40 COLLINS AVENUE
38
LEASE SUMMARY
The following is a summary of basic lease provisions with respect to the Lease. lt is an integral part of
the Lease, and terms defined or dollar amounts specified in this Summary shall have the meanings or amounts
as stated, unless expanded upon in the text of the Lease and its Exhibits, which are attached to and made a part
of this Summary.
1. Date of Lease Execution:2017
2.
3.
"@lLQrd":
Landlord 's Address:
"@,!1'':
Tenant's Address:
Premises (Section 1.1 (b)):
Gross Rentable Area of
Premises
(Section 1.1):
Permitted Use of Premises
(Section 3.1):
The City of Miami Beach
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Asset Manager
with a copy to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Attorney's Office
North Beach Yard, LLC
8108-8140 Collins Avenue, Miami Beach, Florida
with a legal description as more particularly described in
Exhibit '4," and specifically excluding the
-
square
foot building identified as the "Log Cabin" in Exhibit "A"
(the "Premises"). [PREMISES DESCRIPTION TO BE
UPDATED ONCE CITY COMMISSION MAKES
POLICY DECTSION AS TO STATUS/DISPOSITION OF
LOG CABTN StTE.ll
Approximately, but not more than, 52,500 square
feet[NEED TO UPDATE FINAL SQUARE FOOTAGE
BASED ON CITY COMMISSION POLICY DECISION
AS TO LOG CABIN SIrEI
The Premises shall solely be used as an open air food
and beverage and entertainment pavilion, to include (i)
4
5.
b.
7.
8.
' All items noted in brackets [] herein are subject to final negotations.
39
9.Term of Lease (Section 1.1(c)):
up to 20 stationary food trucks (whether in truck, trailer,
or "container" format); (ii) up to four (4) container
restaurants other than food trucks/trailers; (iii) a main
bar pavilion for the sale of alcoholic beverages (subject
to Tenant obtaining, and maintaining in full force and
effect throughout the Term, all licenses and/or
governmental approvals necessary to sell and serve
alcoholic beverages at the Premises; (iv) a main stage
for music and other performances; (v) an organic
garden; (vi) a farmer's market; (vii) up to 20 market
stalls to include food/beverage or retail vendors, such
as, [without limitation], sundries, flowers, holistic/beauty
products or essential oils, artisanal or handmade
products, locally sourced products, boutique/local
clothing products, or similar retail uses focusing on
locally sourced or sustainable products; and (viii) a
venue for cultural/community programming or
entertainment offerings, such as, without limitation,
fitness classes, workshops, music, art classes and other
programming for the general public. Any other use,
[which materially deviates from the foregoing], shall be
subject to the prior written approval of the City
Commission, at its sole discretion, and all of the
foregoing shall be further subject to the prohibited uses
described in Section 3.6 of the Lease.
The initial term of this Lease is for a period of five (5)
years, commencing on the Commencement Date (as
specified herein) and expiring on the Expiration Date (as
specified herein).
"Commencement Date": The earlier of (i) the date of
issuance of a Building Permit to Tenant (or its
contractor) for the Premises, for the construction of the
Tenant's Work, following the issuance of a Temporary
Certificate of Occupancy for the Landlord
lmprovements; or (ii) 60 days following issuance of a
Temporary Certificate of Occupancy for the Landlord
lmprovements.
"Rent Commencement Date": The earlier of (i) 30 days
from the issuance by the City of a Temporary Certificate
of Occupancy (TCO) for the Tenant's Work (as defined
in Article 5 of this Lease); (ii) Tenant opening for
business; or (iii) 240 days following the Commencement
Date.
"Exoiration Date": Five years after the
"Commencement Date."
"Renewal Options": Two (2) renewal options, for a
period of two (2) years for each renewal term (each, a
"Renewal Term"). Any renewal shall be in accordance
with the notice provisions set forth in Section 1.1(c) of
.,
40
this Lease and at Landlord's option, and provided that
Tenant is in good standing and free of any defaults
under the Lease. The financial terms of any such
Renewal Term shall be subject to negotiation and
mutual agreement of the Landlord and Tenant.
10."Base Rent" (Section 2.2):
11. Additional Rent:
Pass-
12. Percentaqe Rent (Sections 2.3 and 3.15) :
First Month's Rent:
Security Deoosit (Section 2.7):
Construction Deposit (Section 5.2(n)):
See ltem 16 of this Lease Summary, entitled "Cost
Throughs".
5% of Rental lncome (as defined in Section 2.3) andT%
of Buyout lncome for Private/Corporate Events (as
defined in Section 3.15).
See ltem t hereof, "Rent Commencement Date".
$17,914.00, due upon the Effective Date.
[$
-to
be deposited in Escrow Account to be held as
security for Tenant's construction obligations, and to be
deposited, distributed, and otherwise governed in
accordance with the terms and conditions of the Escrow
Agreement executed between Landlord and Tenant,
and attached and incorporated as Exhibit "F" to the
Lease.l [City and Tenant, as part of final
negotations, to agree upon escrow or alternate form
of security, such as a performance bond or
irrevocable unconditional letter of credit in favor of
City, as further noted in section 5.2(n). Fina!
language shall include security for Tenant's
performance obligations, and shall be subject to
review and approval by City Manager and City
Aftorneyl
4
13.
14
15.
LEASE YEAR ANNUAL BASE RENT-
QUARTERLY PAYMENT
(PLUS SALES TAX)
1 $ 1.00
2 $71,656.00
3 $75.188.00
4 $78,912.00
5 $81.771.00
41
17
16.Cost Pass-Throuqhs (Sections 2.4 and 2.5):
Comprehensive General
Liabilitv lnsurance (Section 6. 1 ):
Liquor Liabilitv lnsurance (Section 6.1):
Broke(s) (Section 14.1 2):
Estimated Completion Date for Tenant's Work
(Exhibit "F," Escrow Aoreement.
Article l, Section 5):
Trade Name (Section 3.1):
Tenant's Parkinq (S :
22. Lease Continqencies: (Section 1.1(a))
Property Taxes and any expenses incurred by City, as
specified in Section 2.4
$1,000,000.00 per occurrence, $2,000,000 aggregate
$2, 000, 000 per occu rrence, $5,000,000 agg regate
No brokers utilized for this Lease.
[Six months following Commencement Date']
North Beach Yard
Tenant's employees (and employees of Vendors
working at the Premises, as defined in Section 3.9) shall
be permitted to purchase monthly parking permits from
the City at prevailing rates, to be used solely for
employee parking purposes. The location of any
designated parking areas for Tenant, if any, shall be
determined by the City's Parking Director, at his or her
sole discretion.
The Lease shall be subject to and contingent upon
Tenant obtaining the following: (a) approval of a waiver
of the competitive bidding requirements by a 5/7h vote
of City Commission; (b) compliance and/or waiver of
applicable requirements of Sections 82-37 through 82-
40 of the City of Miami Beach Code of Ordinance ("City
Code"); and (c) any and all approvals as required in the
Lease, including, without limitation, any approvals
required by the City in its proprietary capacity, as Owner
of the Property); and in the City's regulatory capacity
(e.g., including, without limitation, any and all
amendments, as may be required to the City Code, the
City's Land Development Regulations and
Comprehensive Plan, and any final non-appealable
approvals from the applicable City land use boards).
18.
19.
20.
21.
42
THIS LEASE (the "Lease"), dated the _ day of ,2017, is made and entered into between
City of Miami Beach, Florida, a municipal corporation of the State of Florida (the "City" or "Landlord"), and
NORTH BEACH YARD LLC, a Florida limited liability company (the "Tenant") (each, a "Party" and collectively,
the "Parties").
RECITALS:
A. The Landlord is the fee simple owner of that certain real property located at 8108-8140 Collins
Avenue, City of Miami Beach, Miami-Dade County, Florida, with a legal description as more particularly described in
Exhibit "A" attached hereto and made a part hereof (collectively, the land and facilities thereon, excluding the
_ square foot building identified as the "Log Cabin" in Exhibit A, shall be referred to herein as the "Premises").
[Need City Commission direction re: status/disposition of Log Gabin]
B. Landlord and Tenant desire to enter into this Lease for the Premises, on the terms and
conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
ARTICLE I. GRANT OF LEASE: TERM
1.1 Lease Continoencies; Grant of Lease:Term.
(a) This Lease shall be effective as of the date executed by Landlord and Tenant (the "Effective
Date"), subject to and contingent upon Tenant obtaining the following: (a) approval of a waiver of the competitive
bidding requirements by a 5/7th vote of City Commission; (b) compliance and/or waiver of applicable
requiremenis of Sections 82-37 through 82-40 of the City Code; and (c) any and all approvals as required in the
Lease, including, without limitation, any approvals required by the City in its proprietary capacity as Landlord);
and in the City;s regulatory capacity (e.g., including, without limitation, any and all amendments, as may be
required to the City Code, the City's Land Development Regulations and Comprehensive Plan, and any final
non-appealable approvals from the applicable City land use boards). lf any of the foregoing Lease contingencies
specified herein are not satisfied, this Lease shall be deemed null and void, and Landlord and Tenant shall have
no further obligations or liabilities of any kind or nature whatsoever hereunder.
(b) ln consideration of the performance by Tenant of its obligations under this Lease, Landlord,
as of the Commencement Date as specified in the Lease Summary, demises and leases to Tenant, and Tenant
leases and takes possession from Landlord, for the Term, the Premises. A site plan showing the description and
location of the Premises and the Tenant's proposed retail, food and beverage and other facilities thereon, is
attached hereto and made a part hereof as Exhibit "B" respectively.
(c) The "Term" of the Lease is the period from the Commencement Date as specified in the
Lease Summary, through the Expiration Date, as specified in the Lease Summary. Landlord shall have two (2)
options to extend the Term of the Lease for an additional period of two years (each, a "Renewal Term"), provided
that Tenant is in good standing and free of any defaults under the Lease. At least twelve (12) months prior to the
expiration of the initial Term, Landlord shall provide Tenant with written notice of its intent to renew, along with
the Landlord's proposed Base Rent, Percentage Rent, and other proposed financial terms for the Renewal Term.
At least six (6) months prior to the end of the first Renewal Term, if any, Landlord shall provide Tenant with
written notice of its intent to renew for a second Renewal Term, along with the Landlord's proposed Base Rent,
Percentage Rent, and other proposed financial terms for the second Renewal Term.The financial terms of the
Lease foieach Renewal Term, including, without limitation, the Rent (as that term is defined in Article ll hereof),
shall be subject to negotiation and mutual agreement of the Landlord and Tenant. For all purposes in this Lease,
references to the "Term" shall include any Renewal Term, if any such Renewal Term is agreed upon by both
Tenant and Landlord.
43
(d) Within thirty (30) days following the Commencement Date, Landlord and Tenant shall
execute a commencement date memorandum in such form as will enable them to be recorded among the Public
Records of Miami-Dade County, in each case, setting forth the Commencement Date and the Expiration Date,
determined according to this Lease, and recording any such other documents as may be required under this
Lease.
1.2. No Reoresentation or Warranties Bv Landlord. Tenant acknowledges and agrees that it has
been given the opportunity to perform all inspections and investigations concerning the Premises to its
satisfaction, and that Landlord shall further provide Tenant with the additional opportunity to conduct any such
additional inspections or investigations concerning the Premises that Tenant may desire to perform prior to the
Commencement Date. Landlord shall provide the Tenant with a copy of the environmental Phase I site
investigation report for the Premises (or any Phase 2 report, if any is required to be undertaken pursuant to the
results of the Phase I Site lnvestigation Report). Except as specifically provided in this Lease, Tenant
acknowledges and agrees that (i) Landlord is not making and has not made any representations or warranties,
express or implied, of any kind whatsoever with respect to the Premises, including any representation or warranty
of any kind with respect to title, survey, physical condition, suitability or fitness for any particular purpose, the
financial performance or financial prospects of the Tenant's or any Vendor's operations at the Premises, its
value, or any other economic benefit that can be realized or expected from the use or operation of the Premises,
the presence or absence of Hazardous Substances, the tenants and occupants thereof, the zoning or other
Governmental Requirements applicable thereto, taxes, the use that may be made of the Premises, or any other
matters with respect to this transaction or Lease); (ii) Tenant has relied on no such representations, statements
or warranties, and (iii) Landlord will in no event whatsoever be liable for any latent or patent defects in the
Premises (including any subsurface conditions).
Tenant further acknowledges and agrees that it is accepting possession of the Premises in its AS-IS WHERE-IS
condition and that, except as otherwise expressly hereinafter set forth with respect to certain improvements the
Landlord has agreed to undertake, as described more fully in Exhibit "C" attached hereto (the "Landlord
lmprovements") subject to the provisions of Article 5 of this Lease, Landlord has no other obligation to furnish,
render, or supply any money, work, labor, material, fixture, equipment, or decoration with respect to the
Premises.
Notwithstanding anything to the contrary herein, Landlord hereby represents and warrants that it is the fee simple
owner of the Premises and, except as otherwise expressly set forth herein, it has all requiste powers and
approvals necessary to enter into this Lease.
1.3. Loq Cabin Buildinq Excluded from this Lease. As referenced in Section 6 of the Lease
Summary, and the Recitals to this Lease, each of which are incorporated by reference as if fully set forth herein,
the Premises, as defined in this Lease, specifically excludes the
-
square foot building identified in Exhibit B
as the Log Cabin (the "Log Cabin"). Tenant shall have no right to use or access the Log Cabin at any time or for
any purpose. Landlord is in the process of evaluating whether the Log Cabin may be relocated to another City-
owned property without adversely affecting the building's structural integrity. Any determination with respect to
the Log Cabin shall be made by the City Commission, in its absolute and sole discretion. Throughout the Term,
Tenant shall provide the Landlord with any access to the Log Cabin that it may require. lf the City Commission
ultimately relocates the Log Cabin and Tenant desires to add the land located thereon as part of the Premises,
any such addition to the Premises shall be subject to approval by Landlord and Tenant, and memorialized in a
duly executed amendment to this Lease.
[Provision to be updated with City Commission policy decision as to status/disposition of Log
Cabinl
ARTICLE II. RENT.
44
2.1 Covenant to Pav. Tenant shall pay to Landlord all sums due hereunder from time to time from
the Rent Commencement Date without prior demand, together with all applicable Florida sales tax thereon;
however, unless otherwise provided in this Lease, payments other than Tenant's regular monthly payments of
Base Rent shall be payable by Tenant to Landlord within five (5) business days following demand. All Base Rent
or other charges that are required to be paid by Tenant to Landlord shall be payable at Landlord's address
indicated on the Lease Summary. Base Rent and all sums payable to Landlord under this Lease other than
Base Rent, including, without limitation, Additional Rent as defined in Sections 2.4 and 2.5 below, and
Percentage Rent as defined in Section 2.3 below (collectively, the "Rent") for any "Lease Year" consisting of less
than twelve (12) months shall be prorated on a per diem basis, based upon a period of 365 days. "Lease Year"
means the twelve (12) full calendar months commencing on the Commencement Date. However, the final Lease
Year may contain less than twelve (12) months due to expiration or sooner termination of the Term. Tenant
agrees that its covenant to pay Rent and all other sums under this Lease is an independent covenant and that all
such amounts are payable without counterclaim, set-off, deduction, abatement, or reduction whatsoever, except
as expressly provided for in this Lease.
2.2 Base Rent. Subject to any escalation which may be provided for in this Lease, Tenant shall pay
Base Rent for the Term in the initial amount specified in the Lease Summary, which, except for the first
installment, shall be payable throughout the Term in equal quarterly installments in advance on the first day of
January, April, July, and October of each Lease Year, such quarterly installments to be in the amounts (subject
to escalation) specified in the Lease Summary. The first quarterly installment of the Base Rent shall be due on
the date specified in ltem 10 of the Lease Summary. lf the Rent Commencement Date is not the first day of
January, April, July, and October, then the Base Rent shall be prorated from the Rent Commencement Date until
the first day of the following quarter on a per diem basis, and Tenant shall pay Landlord such prorated
installment of the Base Rent on the Rent Commencement Date. The Base Rent described above shall be
adjusted during the Term of this Lease as provided in the Lease Summary. lt is also agreed and understood that
the applicable Florida State Sales and Use Tax shall be added to Tenant's payment of Base Rent and forwarded
to Landlord as part of said payments. lt is the intent of Landlord that it is to receive Base Rent, and any other
additional rental amounts due, as net, free and clear of all costs and charges arising from, or relating to, the
Premises.
2.3. Percentaqe Rent.
(a) Commencing with the second Lease Year, and for each Lease Year thereafter, in the event that the
amount equal to five (5%) percent of the Rental lncome, as defined herein (the "Percentage Rent") exceeds the
Base Rent applicable for that Lease Year, then Tenant shall also pay to the Landlord the difference between the
Percentage Rent amount for that Lease Year and the Base Rent applicable for that Lease Year, which payment
shall be received no later than sixty (60) days after the end of each Lease Year.
The term "Rental lncome" means all revenue, payments, income received, rental and operating cost
reimbursements (including any reimbursements for operating expenses or common area maintenance for the
use and occupancy of the Premises) reserved under any lease, sublease, license, concession, or other
arrangement related to (i) the privilege of use or rental of the Premises, including, without limitation, any such
revenue, payments, income received, rental and operating cost reimbursements received from Vendors,
Affiliate(s) (as defined below) or any person or entity engaged in any commercial activity on the Premises; and
(ii) event rentals, venue arrangements, or exhibitor or sponsorship arrangements, where any such arrangements
involve the use or rental of the Premises, and, and provided, however, that if any space in the Premises is used
by Tenant or any Affiliate(s) (as defined herein), at a rental which is less than fair market rental value of such
space, the rent shall be increased by an amount equal to the difference between the rent being paid and the fair
market value rental.
The term "Affiliate(s)" for purposes herein, means any individual(s) or entity or entities of any kind that, directly or
indirecly, through one or more intermediaries, controls or is controlled by, or is under common control with,
Tenant or any principal, director, officer, member or person or entity with any ownership interest thereof,
45
including Ms. Della Heiman and Mr. Ken Lyon, and shall specifically include any person or entity operating the
establishments at the Premises described in Exhibit "B" as The Bar, The Morning Glory Cafe, Charcoal, Della's
Bowls, and Catering, and any successors-in-interest thereof. Tenant shall not charge rent to any Affiliate,
including with respect to the operations of The Bar, The Morning Glory Cafe, Charcoal, Della's Bowls, or
Catering (or successors thereof) at any amount that is less than the amounts specified for such establishments
in Exhibit "_".[See Attachment 3 to Commission Memorandum]
(b) ln addition to the Base Rent and any Percentage Rent pursuant to Section 2.3(a) or other amounts due
to Landlord under this Lease, commencing as of the Rent Commencement Date, Tenant shall pay Landlord, as
additional Rent hereunder, an amount equal to seven percent (7%) of all of the Buyout lncome (as defined in
Section 3.15) for Private/Corporate Events (as defined in Section 3.15), on the Premises.
Notwithstanding anything to the contrary herein, the term "Rental lncome" shall specifically exclude all
gross revenues Tenant or any Vendor or operator derives from food and beverage, alcoholic beverage,
retail sales, catering receipts, valet parking sales, advertising, and sponsorship revenues at the
Premises.
[City Administration to confirm approach, if any, re: differential rent structure for the items in Notes 1-3 of the
Tenant's 07118117 excel proposall
2.4 Operatinq Exoenses. Tenant shall pay for all maintenance expenses, utilities charges,
insurance premiums, and operating expenses incurred in connection with the use or operation of the Premises.
Tenant shall remit to the Landlord, together with regular monthly payments of Base Rent and other Rent,
payment for all such expenses or cost passthroughs if incurred by the Landlord, as additional rent ("Additional
Rent"), it being expressly understood and agreed that Landlord does not anticipate incurring expenses with
respect to maintenance or insurance premiums, and accordingly, no such cost-pass throughs will be charged to
Tenant to the extent Tenant directly pays for such maintenance expenses and insurance premiums, as otherwise
required by this Lease.
2.5 Pavment of Taxes and Other Public Charoes. ln addition to the Base Rent and all other Rent
due to Landlord hereunder, Tenant covenants and agrees timely to pay and discharge, as Additional Rent,
before any fine, penalty, interest or cost may be added, all real and personal property taxes, all ad valorem real
property taxes, all taxes on Rents payable hereunder and under subleases, licenses or use agreements, sales
taxes, City resort taxes, all taxes attributable to the personal property, trade fixtures, business, occupancy, or
sales of Tenant or any other occupant of the Premises or related to the use of the Premises by Tenant or such
other occupant, and public assessments (including, without limitation, permit fees, impact fees, special
assessments, and other public charges). Tenant shall provide Landlord with copies of Tenant's sales tax reports
provided to the State of Florida, as and when such reports are provided to the State.
2.6 Rent Past Due. lf any payment due from Tenant shall be overdue more than five (5) business
days, a late charge of three (3%) percent of the delinquent sum may be charged by Landlord. lf any payment
due from Tenant shall remain overdue for more than fifteen (15) days, an additional late charge in an amount
equal to the lesser of the highest rate permitted by law or one and one-half (1 1l2o/o) percent per month
(eighteen (18%) percent per annum) of the delinquent amount may be charged by Landlord, such charge to be
computed for the entire period for which the amount is overdue and which shall be in addition to and not in lieu of
the three (3%) percent late charge or any other remedy available to Landlord.
2.T Securitv Deposit. Landlord acknowledges receipt of a security deposit in the amount specified on
the Lease Summary to be held by Landlord, without any liability for interest thereon, as security for the
performance by Tenant of all its obligations under this Lease. Landlord shall be entitled to commingle the
security deposit with Landlord's other funds. lf Tenant defaults in any of its obligations under this Lease,
Landlord may at its option, but without prejudice to any other rights which Landlord may have, apply all or part of
the security deposit to compensate Landlord for any loss, damage, or expense sustained by Landlord as a result
46
of such default. lf all or any part of the security deposit is so applied, Tenant shall restore the security deposit to
its original amount on demand of Landlord. Within thirty (30) days following termination or expiration of this
Lease, if Tenant is not then in default of the terms herein, the security deposit will be returned by Landlord to
Tenant
Notwithstanding the foregoing, for purposes of the security deposit described in the Lease Summary and
the above paragraph, Tenant, at its option, shall have the right to post an irrevocable, unconditional, and
transferable Letter of Credit, in such form as shall reasonably be approved by Landlord's City Manager. lf
Tenant delivers the Letter of Credit to Landlord, and provided Landlord's City Manager approves the form of
such Letter of Credit, then Landlord will return the cash security deposit promptly after Landlord's receipt of the
Letter of Credit.
2.8 Landlord's Lien. To secure the payment of all Rent and other sums of money due and to
become due hereunder and the faithful performance of this Lease by Tenant, Tenant hereby gives to Landlord
an express first and prior contract lien and security interest on all property now or hereafter acquired (including
fixtures, equipment, chattels, and merchandise) which may be placed in the Premises and also upon all
proceeds of any insurance which may accrue to Tenant by reason of destruction of or damage to any such
property. Such property shall not be removed therefrom without the written consent of Landlord's City Manager
until all sums of money then due to Landlord hereunder shall first have been paid; provided, Tenant may operate
its business in the ordinary course and the removal of merchandise from the Premises by customers of Tenant
shall not be a default under this section. All exemption laws are hereby waived in favor of said lien and security
interest. This lien and security interest is given in addition to Landlord's statutory lien and shall be cumulative
thereto. Landlord shall, in addition to all of its rights hereunder, also have all of the rights and remedies of a
secured party under the Uniform Commercial Code as adopted in the State in which the Premises are located.
To the extent permitted by law, this Lease shall constitute a security agreement under Article 9 of the Florida
Uniform Commercial Code. [As part of final negotiations, City and Tenant to negotiate final language to the
limited extent necessary to permit Tenant to secure equipment lease/financing, subject to City Manager
and City Attorney approvall.
ARTICLE !!I. USE OF PREMISES.
3.1 Permitted Use(s). The Premises shall be used and occupied solely and exclusively for the
purposes specified in the Lease Summary. The business of Tenant in the Premises shall be carried on under
the name specified in the Lease Summary and under no other name unless first approved by Landlord's City
Manager in writing. Tenant shall carry on its business on the Premises in a commercially reasonable manner and
shall not do, omit, permit, or suffer to be done or exist upon the Premises anything which shall result in a
nuisance, hazard, excessive noise, excessive vibration or other disturbance in violation of any applicable
provision of the City Code, or bring about a breach of any provision of this Lease or any applicable municipal or
other (i.e. federal, State, or County) governmental law or regulation, or would otherwise be inconsistent with a
open-air entertainment and food and beverage pavilion. Tenant shall observe all reasonable rules and
regulations reasonably established by Landlord from time to time for the Premises. The rules and regulations in
effLct as of the date hereof are attached to and made a part of this Lease as Exhibit "E." Landlord will provide a
copy of any amendments to the rules and regulations at least seven (7) business days prior to the effective date
of any such amendments. Tenant shall display the name "North Beach Yard" or any such other name as
Landlord may from time to time approve for the Premises, and in material which is given, visible, or available to
customers of Tenant. Tenant shall promote such name in any advertisements or promotional material published
or initiated by Tenant in regard to its business from the Premises. The name for the Premises shall be used by
Tenant only in association with the business carried on in the Premises during the Term and Tenant's use
thereof shall be subject to such reasonable regulation as Landlord may from time to time reasonably impose.
3.2 Compliance with Laws and Licensino Requirements. Tenant shall use and occupythe Premises
in a safe, careful, and proper manner so as not to contravene any applicable present or future laws, rules,
regulations, constitutions, orders, ordinances, charters, statutes, codes, executive orders, and requirements of all
l0
47
governmental authorities having jurisdiction over the Premises, or any street, road, avenue, or sidewalk comprising
a part of, or lying in front of, the Premises (including, without limitation, parking, the local building codes, and the
laws, rules, regulations, orders, ordinances, statutes, codes, and requirements of any applicable Fire Rating Bureau
or other body exercising similar functions); the temporary and/or permanent Certificates of Occupancy issued for the
Premises as then in force; and any and all provisions and requirements of any property, casualty, or other insurance
policy required to be carried by Tenant under this Lease. lf due to Tenant's use of the Premises, repairs,
improvements, or alterations are necessary to comply with any of the foregoing, Tenant shall pay the entire cost
thereof.
(a) Without limiting the foregoing, Tenant shall, at all times during the Term, strictly comply with, and
cause all Vendors to comply with, all laws and governmental requirements involving the sale or service of alcoholic
beverages, and food safety and handling requirements, as applicable to Tenant or any Vendor's use of the
Premises. Tenant represents and warrants to Landlord that Tenant (and all Vendors involved in the sale or
service of food) shall comply with all mandated food service and handling laws, and further represents and
warrants Tenant (and all Vendors serving or selling alcoholic beverages at the Premises), shall comply with the
Florida Beverage Law and all federal, state, and local, laws, and ordinances involving the sale or service of
alcoholic beverages. Tenant shall annually provide training to its employees and Vendors, consistent with the
requirements of the Florida vendor qualification act contained in $ 561.705, Florida Statutes.
(b) Prior to the Commencement Date, Tenant shall obtain and pay for, and/or cause any Vendor (as
applicable to its services on the Premises), to obtain any pay for, all licenses, permits and approvals that may be
required by any governmental authority in connection with its use, operation of, or activities on the Premises,
inciuding without limitation, (i) any license required by the State of Florida with respect to the sale or service of
alcoholic beverages; (ii) any license that may be required for the sale or service of food; (iii) City of Miami Beach
and Miami-Dade County Business Tax Receipt; and (iv) all licenses required by any performing arts societies
such as ASCAP, BMI and SESAC for music or other copyrighted works to be performed or otherwise
broadcasted or exhibited on the Premises.
(c) Tenant shall defend, indemnify and hold harmless Landlord from any and all claims, fees,
expenses, costs or damages, including reasonable attorneys' fees and court costs, suffered or incurred by
Landlord in connection with any breach of this paragraph.
3.3 Siqns. Tenant, at Tenant's expense, shall erect and maintain identification signage within the
Premises, including; without limitation, temporary banners and exterior signage. The design and specification of
such signage shali be subject to Landlord's sign criteria as adopted from time to time and such design and
speciticition (including camera-ready artwork) shall be submitted for review and approval by the City's Planning
and Zoning Department and the Landlord's City Manager or designee. All signage shall be consistent in type,
composed-of flush mounted non-plastic, individual letters and shall require a separate permit. Tenant's sponsors
snali be prohibited from placing any promotional or other materials on the Premises (or on websites or other
promotional formats or platforms) implying any endorsement by the City of the sponsor's products or services.
Any sponsorship names recognized in Tenant's signage shall be subject to approval as required by the City's
Naming Ordinance, as codified in Chapter 82, Article Vl, Sections 82-501 through 82-505 of the City Code, as
shall be amended from time to time. ln no event may any approved interior or exterior signage include the
names of any company selling the following types of products: guns, tobacco products, casinos, medical
marijuana. Eicept with the prior written consent of Landlord's City Manager, Tenant shall not erect, install,
display, inscribe, paint, or affix any signs, lettering, or advertising medium upon or above any exterior portion of
the piemises [Any signs, lettering or advertisement medium erected within lhe Premises shall not require
consent from the City, nor a separate permit, so long as such complies with the remainder of the foregoing.l
[need to discuss with Admin and Planning Dept]
3.4 Environmental Provisions.
(a) Tenant shall not knowingly incorporate into, use, or othemrise place or dispose of at the
Premises (or allow others to incorporate into, use, or otherwise place or dispose of at the Premises) any
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Hazardous Materials, as hereinafter defined, unless (i)such Hazardous Materials are for use in the ordinary
course of business (i.e., as with cleaning supplies), (ii) notice of and a copy of the current material safety data
sheet is provided to Landlord for each such Hazardous Material (except for Hazardous Materials used by Tenant
in the ordinary course of business (i.e., as with cleaning supplies)), and (iii) such materials are handled and
disposed of in accordance with all applicable governmental laws, rules, and regulations. lf Landlord or Tenant
ever has [actual] knowledge of the presence at the Premises of Hazardous Materials which affect the Premises,
and/or the Facility, such party shall notify the other thereof in writing promptly after obtaining such knowledge.
For purposes of this Lease, "Hazardous Materials" shall mean: (a) petroleum and its constituents; (b) radon gas,
asbestos in any form which is or could become friable, urea-formaldehyde (also known as urea methanol),
transformers or other equipment or products which contain dielectric fluid containing levels of polychlorinated
biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent, (c) any substance, gas,
material or chemical which is or may hereafter be defined as or included in the definition of "hazardous substances,"
"hazardous materials," "hazardous wastes," "pollutants or contaminants," "solid wastes," or words of similar import
under any applicable governmental laws, rules, and regulations including, but not limited to, the Comprehensive
Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. S 9061 et seq.; the Hazardous
Materials Transportation Act, as amended,49 U.S.C. S 1801, et seq.; the Resource Conservation and Recovery
Act, as amended,42 U.S.C. S6901, et seq.; the Federal Water Pollution Control Act, as amended,33 U.S.C.
S 1251, et seq., and Florida Statutes, Chapters 376 and 403; and (d)any other chemical, material, gas, or
substance, the exposure to or release of which is regulated by any governmental or quasi-governmental entity
having jurisdiction over the Premises, the Retail Space, and/or the Facility, or the operations thereon.
(b) lf Tenant or its employees, agents, contractors, or assigns shall ever violate the
provisions of subsection (a), above, then Tenant shall clean-up, remove, and dispose of the Hazardous Material
causing the violation, in compliance with all applicable governmental standards, laws, rules, and regulations and
repair any damage to the Premises within such period of time as may be reasonable under the circumstances
after written notice by Landlord, provided that such work shall commence not later than thirty (30) days from such
notice and be diligently and continuously carried to completion by Tenant or Tenant's designated contractors.
Tenant shall notify Landlord of its method, time, and procedure for any clean-up or removal of Hazardous
Materials under this provision; and Landlord shall have the right to require reasonable changes in such method,
time, or procedure or to require the same to be done after normal business hours or when the Premises is
otherwise closed (i.e., holidays) if reasonably required for the protection of other occupants or invitees at the
Premises.
(c) Tenant agrees to defend, indemnify and hold harmless Landlord against any and all
claims, costs, expenses, damages, liability, and the like, which Landlord may hereafter be liable for, suffer, incur,
or pay arising under any applicable environmental laws, rules, and regulations and resulting from or arising out of
any breach of the covenants contained in this Section 3.4, or out of any act, activity, or violation of any applicable
environmental laws, rules, and regulations on the part of Tenant, its employees, agents, contractors, or assigns.
Tenant's liability under this Section 3.4 shall survive the expiration or any termination of this Lease.
(d) ln the event (i) the results of the environmental Phase I report or other site investigations
undertaken with respect to the Premises are unsatisfactory to Landlord or Tenant for any reason whatsoever,
then either Landlord or Tenant may terminate this Lease for their convenience, at either Party's sole discretion.
ln the event of any such termination for convenience pursuant to this Section 3.4(d), neither Party shall have or
owe any further obligation or liability to the other Party.
3.5 Hours: Continued Occupancy. During the Term, Tenant shall conduct its business in and on the
Premises, at a minimum, on all days and during all hours [reasonably] established by Landlord's City Manager
from time to time. However, except as specified herein for the portion of the Premises that will consist of the
"Morning Glory" coffee shop operation, as depicted more fully in Exhibit "B" hereof, Tenant shall generally open
for business Monday through Sunday, no earlier than 7 A.M. each day. Tenant shall be permitted to open the
portion of the Premises identified in Exhibit "B" for the "Morning Glory" coffee shop no earlier than 6 A.M. each
day. Tenant shall cease all sales (including, without limitation, food, beverages, alcoholic beverages, and retail
items) no later than 11 P.M. on Sunday through Wednesday and shall close no later than 11:30 P.M on Sunday
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through Wednesday, and shall cease all sales (including, without limitation, food, beverages, alcoholic
beverages, and retail items) no later than midnight on Thursday, Friday, and Saturday, and shall close no later
than 1 A.M. on Thursday, Friday and Saturday. The hours established herein shall be further subject to
modification by the City pursuant to any Conditional Use Approval that may be required for the Premises (or
waiver thereof by the City Commission, at its sole discretion).
(a) Notwithstanding the foregoing, and subject to the approval of the Landlord's City
Manager at his or her sole discretion, Tenant may request an extension of the normal operating hours specified
in Seition 3.5, for up to six (6) days per Lease Year (with any such extended hours solely applying on a
Thursday, Friday or Saturday), to permit Tenant to cease all sales (including, without limitation, food, beverages,
alcoholii beverages, and retail items) no later than 1:00 A.M., and to close no later than 2 A.M., on such dates.
(b) Tenant shall open the whole of the Premises for business to the public, reasonably
fixtured, stocked, and staffed, and shall continuously, actively, and diligently carry on the business specified in
Section 3.1 on the whole of the Premises during the Term, during such hours and upon such days as are herein
required, except when prevented from doing so by force majeure (as the term is described in Section 14'1).
Tenant acknowledges that its continued occupancy of the Premises and the regular conduct of its business
therein are of utmost importance to Landlord, as the activation of the area in the vicinity of the Premises is
integral to this Lease. Tenant shall, at a minimum, at all times during the Term, maintain in operation at least
onelt 1 restaurant establishment, one (1) bar establishment; four (4)] food trucks, trainers or containers; at least
one (t i weekly entertainment offering; and the community programming required pursuant to Section 3.1 1 of this
Lease. Tenant acknowledges that Lindlord is executing this Lease in reliance thereupon and that the same is a
material element inducing Landlord to execute this Lease. Tenant shall ship and receive supplies, fixtures,
equipment, furnishings, wires, and merchandise only through the appropriate service and delivery loading areas
or'zones provided by Landlord, and shall not park its trucks or other delivery vehicles or allow suppliers or others
making deliveries to or receiving shipments from the Premises, except in those parts thereof as may from time to
time bL allocated by Landlord for such purpose. Tenant shall maintain available a reasonable stock of goods,
wares, and merchandise adequate to ensure successful operation of Tenant's business, and shall employ and
maintain sales and other personnel sufficient at all times for proper service to customers.
(c) Tenant further agrees that, during the Term, neither Tenant, or any Affiliateparent, or
subsidiary of Tenant, shall own, lease, or operate another restaurant, bakery, or bar/caf6 located within one (1)
mile of any point in the Premises within the geographical boundaries of the City of Miami Beach, conducting any
of the same businesses and/or operations as described in ltem 8 of the Lease Summary.
3.6 Prohibited Uses. The restrictive covenants contained in paragraphs (A) - (Z) of this Section 3.6
are intended and designed to bind Landlord and Tenant and their respective successors and assigns, and be
binding upon and run with the Premises throughout the Term. Notwithstanding any other provisions of this
Lease, Tenant shall not use the Premises nor permit them to be used for any of the following purposes
("prohibited Uses"): (A)for the sale by Tenant, as its principal business purpose, of any merchandise which
Tenant, in the course of its normal business practice, purchases at manufacturers' clearances or purchases of
ends-of-runs, bankruptcy stock, seconds, or other similar merchandise; (B)for the sale of insurance salvage
stock, fire sale stock, merchandise damaged by or held out to be damaged by fire; ; (C) for a bankruptcy sale or
going-out-of-business sale or liquidation sale or any similar sale, unless Tenant is in fact in bankruptcy or is
loin! out of business or is in liquidation, in which case such sale shall not continue beyond thirty (30) days; (D)
ior tne sale of medical marijuana or paraphernalia incidental thereto; (E) for any business in which Tenant is
engaged in intentionally deceptive or fraudulent advertising or selling practices or any other act or business
prr.tL" contrary to honest retail practices; (F) for coinbox entertainment (pinball, video games, moving pictures
operated by coins); (G) casino gambling or games of chance or reward; (H) any unlawful or illegal business, use
oi prrpos", or for any business, use or purpose which is immoral or disreputable (including "adult entertainment
establishments" and "adult" bookstores) or extra-hazardous, or in such manner as to constitute a nuisance of any
kind (public or private), or for any purpose or in any way in violation of Tenant's Certificate(s) of Occupancy (or
other similar approvais of applicable governmental authorities); (l) movie theatre as a primary business; (J)
medicat facilities and offices; (K) check cashing facilities; (L) pawn shops; (M) the sale of firearms; (N) tatoo
parlors, fortune tellers, psychics, palm readers, body piercing shops; (O) the sale of religious artifacts and
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religious books; (P) places of worship; (Q) political offices; (R) military recruiting; (S) consular, legation or any
other offices of foreign governments; (T) tire sales; (U) the sale of animals or birds of any kind and/or products of
a nature typically sold in pet shops; (V) offices for the practice of veterinary medicine; (W) the sale of major
appliances as a primary business; (X) housing or sleeping quarters; (Y) grocery stores (other than specialty
gourmet or "artisanal" products), or (Z) in any manner that will violate any Conditional Use Approval, Certificate
of Occupancy or Certificate of Use for the Premises, or which will violate any laws, ordinances, or other rules or
regulations applicable to the Premises.
lmmediately upon its discovery of any Prohibited Use, Tenant shall take all reasonable necessary steps,
legal and equitable, to compel discontinuance of such business or use including, if necessary, the removal from
the Premises of any subtenants, licensees, invitees or concessionaires.
3.7 Exclusive Use. So long as Tenant is (1) in actual occupancy of the Premises, (2) in good
standing and free of any defaults under this Lease, and (3) using the Premises for the permitted use(s) set forth
in the Lease Summary, Landlord agrees not to enter into any leases for space in the Premises until the
expiration or eadier termination of this Lease.
3.8 Noise. Tenant shall not cause or produce or permit to be produced on or in the Premises any
noises, sound, amplification, vibration, resonance levels that (i) is in excess of any levels permitted under, or
otherwise fails to comply with, any provision or requirement of the City Code, as same may be amended from
time to time, including, without limitation, Chapter 46 of the City Code (provided, however, that in the event of any
conflict between the provisions of Section 46-152(b) of the City Code and Section 3.8(a) of this Lease, the
provisions of Section 3.8(a) of this Lease shall control); or (ii) creates any other form of disturbance in or on the
Premises which is, or is likely to be, considered a nuisance to residents of adjacent or neighboring properties in
the vicinity of the Premises.
(a) ln accordance with the City Code, outdoor entertainment shall cease no later than 10:00 p.m. on
Sundays through Thursdays, and midnight on Fridays and Saturdays. Outdoor entertainment shall be limited
to string instruments, solo vocalists, or disk jockeys playing recorded music, and provided, that amplified sound
shall not exceed ambient, background levels. ln addition to the foregoing, Tenant further agrees to minimize
amplified sound at the Premises by regularly incorporating "silent disco" programming whereby, as an alternative
to the use of loudspeakers, sound or music is broadcast via wireless headphone receivers worn by invitees at
the Premises. ln the event the Tenant receives more than one (1) notice from Landlord that noise on the
Premises exceeds ambient, background levels for the outdoor entertainment areas at the Premises, such an
incident shall be deemed to be a violation of this Section 3.8(a) of this Lease.
(b) ln addition to any other rights or remedies that may be available to the Landlord under any
applicable law (either in the Landlord's proprietary capacity as owner of the Premises, or in its regulatory capacity
with respect to enforcement of the City Code), the issuance of more than one (1) notice of violation pursuant to
Section 46-158 of the City Code shall constitute an event of default of this Lease, provided, however, that if the
notice of violation is appealed, the notice of violation shall be deemed an event of default under the Lease if a
special master finds that a violation has occurred. Tenant shall provide a copy to Landlord's designee of any
notice of violation issued to Tenant.
(c) Tenant acknowledges that Landlord would not enter into this Lease unless Tenant
assured Landlord that under no circumstances witl Tenant fait to comply with the requirements set forth
herein or otherwise contained in the City Code with respect to noise and the non-disturbance of
residents in the vicinity of the Premises.
3.9 Vendors Sellinq Goods, Food/Beveraoes, or Services at the Premises. Tenant shall select the
vendors that will operate and engage in the sale of goods, food/beverages, services or any other commercial
activities at the Premises, with a focus on small business operators (entities with less than 25 employees, small
brands/non-franchised) ([together with the Atfiliates], collectively the "Vendors"). With respect to the selection of
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Vendors at the Premises, Tenant shall provide first priority for Miami Beach-based businesses (or owners
residing in Miami Beach), and shall exercise good-faith diligent efforts for at least 25o/o of all retail/food Vendors
to be Miami Beach-based businesses/owners (other than Affiliates). All Vendors must have all licenses required
for their respective operations (state licenses, local Business Tax Receipts, and any other governmental
approval that may be required in connection with that Vendor's operations). All Vendors shall be of first rate
quality and comparable to quality and pricing of goods and services provided by an affiliate of the Tenant at the
Wynwood Yard.
3.10 Operation of Premises. Tenant shall be responsible for the management, operation and
programming at the Premises in accordance with the approved uses set forth in this Lease. Tenant shall
coordinate and supervise all Vendor and evenUentertainment curation and activities at the Premises; maintain
and provide for the day-to-day maintenance and housekeeping for the Premises; supervise and direct all
employees, personnel and Vendors consistent with the provisions of this Lease; maintain and supervise detailed,
accurate and complete financial and other records of all its activities under this Lease in accordance with
generally accepted accounting principles. Tenant shall provide and maintain, at its sole cost and expense, all
labor, personnel, materials, equipment, and furnishings, as reasonably required, to operate the Premises in
accordance with the approved uses set forth herein.
3.11 Communitv Proqrammino. Tenant agrees to execute a minimum of seven (7) cultural and
community events each week, which shall be offered to the general public at no charge, including
gardening/urban farming classes, live local music, non-profit events, cooking workshops, fitness classes, and the
like. ln addition, Tenant will offer at least five (5) additional classes, activities or events each week at moderate
prices, with the price schedule for the events or activities (or changes in the programming offerings) to be subject
to the advance written approval of the City Manager. Tenant shall offer Miami Beach residents a discount of
fifteen percent (15%) (and residents must show proof of Miami Beach residency prior to participation in activity or
event) and U.S. Armed Forces veterans a discount of 25o/o off the regular price for the classes, activities, or
events. At the end of each Lease Year, Tenant shall provide the City Manager or his designee a detailed report
reasonably summarizing community activities that took place throughout the year (including attendance figures
and, wherever possible, attendance by Miami Beach residents), and outlining its programmatic plan for the
upcoming Lease Year, detailing the then-known (planned) uses, activities, events, and operations, and the
number of participants expended to attend and benefit from such activities. [Parties to discuss details re:
contents of reports and process, including timing for submissions and approvalsll
3.11 Tenantlmprovements. Except for the City lmprovements referenced in Section 5.1(b) of this
Lease, Tenant, at Tenant's sole cost and expense, shall build-out the entire Premises in order to make the
Premises usable for its intended purpose, which will include, without limitation, design, permitting and
construction/installation of all temporary or permanent facilities for operation of the Premises at its sole expense,
including lighting, electricity, flooring, and life safety systems (i.e. sprinklers) as required by the Landlord, subject
to City's approval of the concept, design and plans and specifications, and pursuant to all requisite governmental
approvals (including without limitation, any City regulatory boards and agencies having jurisdiction).
3.12 Flood Panels. Tenant acknowledges that in the event that Landlord's City Manager determines,
in his/her sole and reasonable discretion, that a condition arises that requires the installation of flood panels on
the Premises, then Tenant will assume sole responsibility for installation of same in a commercially reasonable
timeframe. Once Landlord's City Manager determines (also in his/her sole and reasonable discretion) that the
condition necessitating the installation has passed, Tenant shall also assume sole responsibility for removal and
storage of the flood panels in a commercially reasonable timeframe'
3.13 Parkinq. Tenant's employees (and employees of Vendors working at the Premises) shall be
permitted to purchase monthly parking permits from the City at prevailing rates, to be used solely for employee
parking purposes. The location of any designated parking areas for Tenant, if any, shall be determined by the
City's Parking Director, at his or her sole discretion.
9.14. Securitv. Tenant shall be responsible for and provide reasonable security measures which may
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be required to protect the Premises and any of the materials, equipment, and furnishings thereon. Under no
circumstances shall the City be responsible for any stolen or damaged materials, equipment, and furnishings,
nor shall the City be responsible for any stolen or damaged personal property of Tenant's employees,
contractors, patrons, guests, invitees, and/or other third parties.
3.15. "Buv Out" of Premises for Private/Corporate Events. lf Tenant desires to suspend the regular
operations of the Premises for the purpose of using the Premises for ticketed/hosted events, functions, including
private or corporate events, for a period not-to-exceed a total of six (6) days per each Lease Year
("Private/Corporate Events"), any such use shall be subject to the advance written approval of the City Manager,
at his sole discretion. At least 2 months prior to the proposed event, Tenant shall provide the Landlord with all
pertinent details concerning the activities and activation contemplated for such event. lf the City Manager
approves any such event, Tenant shall pay Landlord, as provided in Section 2.3(b), as additional Rent (and
without any deduction against Base Rent, Percentage Rent or any other amount due to Landlord hereunder),an
amount equal to seven percent (7o/o) of all the revenue, payments, income received, rental and operating cost
reimbursements (including any reimbursements for operating expenses or common area maintenance for the
use and occupancy of the Premises) recieved under any lease, sublease, license, concession, or other
arrangement related to the privilege of use or rental of the Premises with respect to the Private/Corporate
Events (the "Buyout lncome").
ARTICLE IV. ACCESS AND ENTRY.
4.1 Rioht of Examination. Landlord, through its City Manager and/or such other individuals as he/she
may designate, in his/her reasonable discretion, from time to time, shall be entitled at all reasonable times and
upon reasonable notice (but no notice is required in emergencies) to enter the Premises to examine them if
Landlord reasonably believes that Tenant is not complying with any of its obligations hereunder; to make such
repairs, alterations, or improvements thereto as Landlord considers necessary or reasonably desirable pursuant
to the terms herein; to have access to underfloorfacilities and access panels to mechanical shafts and to check,
calibrate, adjust, and balance controls and other systems at the Premises. Landlord reserves to itself (and others
acting on behalf of Landlord including, without limitation, Landlord's City Manager and/or such individuals as
he/shL may designate, in his/her reasonable discretion, from time to time) the right to install, maintain, use, and
repair pipes, ducts, conduits, vents, wires, and other installations leading in, through, over, or under the
Premises and for this purpose, Landlord may take all material into and upon the Premises which is required
therefor. Tenant shall not unduly obstruct any pipes, conduits, or mechanical or other electrical equipment so as
to prevent reasonable access thereto. Landlord reserves the right to use all exterior walls and roof area of any
buildings located on the Premises. Landlord shall exercise its rights under this section, to the extent possible in
the ciriumstances, in such manner so as to minimize interference with Tenant's use and enjoyment of the
Premises.
4.2 Rioht to Show Premises. Landlord and its agents (including, without limitation, Landlord's City
Manager and such other individuals as he/she may designate, in his/her reasonable discretion, from time to time)
shall have the right to enter the Premises at all reasonable times and upon reasonable notice to show them to
prospective purchasers, lenders, or anyone having a prospective interest in the Premises and, during the last
six (6) months of the Term, to show them to prospective tenants. Landlord shall exercise its rights under this
section, to the extent possible in the circumstances, in such manner so as to minimize interference with Tenant's
use and enjoyment of the Premises.
ARTIcLE V. GONSTRUCTION: MATNTENANCE. REPAIRS. AND ALTERATIONS.
5.1 lmProvements.
(a) Tenant lnvestment. As an added inducement to have City enter into this Lease, Tenant
covenants and agrees that it will invest, or cause to be invested, no less than $1,750,000 in improvements it
requires for the operation of the Premises, including, without limitation, the fixed, non-removable improvements,
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set forth in Exhibit "D" to this Lease. As a condition of the City of Miami Beach's issuance of a Temporary
Certificate of Occupancy (TCO) for the Premises, Tenant shall first certify, in writing, to Landlord that it has, in
fact, expended, or has caused to be expended, not less than the required aforestated amount(s) in improvement
costs for the operation of the Premises.
(b) Landlord lmprovements. Subject to and contingent upon an appropriation of funds by the City
Commission, t-anOtorO agrees to fund the improvements specified in Exhibit "C" attached hereto (the "Landlord
lmprovements"), [not less than], and up to the maximum not-to-exceed amount of, $553,000.00 (the "Landlord's
Not to Exceed Amount"), and to design and construct the Landlord lmprovements, subject to the Landlord's Not
to Exceed Amount or other available funding, if any, as specified herein. [As noted in Commission
Memorandum, final funding is subject to further discussion and appropriation of funds as part of City
budget processl. Except as to the Landlord's obligations for the Landlord lmprovements up to the Landlord's
Not to Exceed Amount, Tenant shall be responsible for funding and completing all other temporary or permanent
improvements that may be required in connection with the operation of the Premises, including but not limited to
the Tenant's Work specified in Exhibit "D" attached hereto and as delineated more fully below, and any amounts
in excess of the Landlord's Not to Exceed Amount that may be required for the operation of the Premises. ln no
event shall Landlord have any obligation to fund or pay any amounts in excess of the Landlord's Not to Exceed
Amount.
1. ln the event the Landlord's estimates to design/construct the Landlord lmprovements exceed the
Landlord's Not to Exceed Amount, or in the event cost overruns with respect to the Project Costs are anticipated
or experienced during the construction of the Landlord lmprovements (and such cost overruns are not due to the
Landiord's negligencL or the negligence or intentional misconduct of Landlord's contractors), Landlord shall
inform Tenanioi the estimated additional costs with respect to the Landlord lmprovements, and Tenant may
elect to either (1) identify the funding sufficient to cover all such amounts in excess of the Landlord's Not to
Exceed Amount,'or (2) work with the Landlord to adjust the project scope, as necessary, to complete the
Landlord lmprovements within the Landlord's Not to Exceed Amount and any additional funding that may be
identified by Tenant. lf sufficient funding to design and construct the Landlord lmprovements is not identified as
contemplated herein, or if the Landlord and Tenant cannot agree on project scope reductions sufficient for the
purposes of opening the North Beach Yard to the public, then either Landlord or Tenant may terminate this
Lease for their convenience, and neither Party shall have or owe any further obligation or liability to the other
Party.
Z. Landlord shall have no obligation to proceed with any Landlord lmprovements prior to Tenant
obtaining all regulatory approvals required under this Lease and until Tenant has reasonably demonstrated that it
has obtiined the funding or financing required for the Tenant's Work (or paid the Construction Deposit to the
EscrowAgent as specified in Section 5.2(n), as applicable).
5.2 Tenant'sConstructionObliqations.
(a) Except for the construction of the City lmprovements and subject to the provisions
hereof, Tenant shall, at its sole cost and expense, cause the construction and installation of any and all
improvements, alterations and/or repairs to the Premises in accordance with Tenant's Plans, as hereinafter
defined, and as necessary to permit Tenant to occupy same and conduct normal business operations (such
improvements being referred to herein as "Tenant's Work"). City agrees to waive land use permit fees
associated with land use approvals for the Tenant's Work, up to the maximum amount of [$ I'
provided that any waiver of concurrency fees, if any, shall be at the City Commission's sole discretion' All other
iees and charges imposed by agencies having jurisdiction (including, without limitation, the Miami Beach
Building Department fees and Miami Beach Fire Department fees) shall apply at standard rates.
(b) Tenant, at Tenant's expense, agrees to furnish to Landlord's City Manager or his/her
designee, who, foi purposes of this Article, shall be the City's Asset Manager, a preliminary schedule of finishes
and values, as well as a conceptual plan for any improvements and/or alterations to the Premises ("Concept
plan"). Landlord's City Manager (or his/her designee), acting in the City's proprietary capacity as Landlord, shall
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notify Tenant in writing of its acceptance or of its reasonable objections to the preliminary schedule of finishes
and Concept Plan within ten (10) business days after such preliminary schedule and Concept Plan has been
provided to him/her. Should Tenant fail to submit the preliminary schedule of finishes and Concept Plan within
ihe time period set forth above, or should Tenant fail to make any reasonable modifications Landlord' City
Manager (or his/her designee) may require, within five (5) business days of notice thereof, then either such event
shall be deemed to be a default under this Lease. The Concept Plan shall be subject to regulatory review and
approval by the City's Design Review Board, and any other City land use board and agencies having jurisdiction
over the Premises. Following approval by the Design Review Board and any other applicable board or agency
having jurisdiction, the preliminary schedule of finishes and values, as well as the Concept Plan, shall be subject
to the City Commission's final approval, at its sole discretion.
(c) Following the City Commission's approval of the Concept Plan, the Tenant, at Tenant's
expense, agrees to furnish to Landlord' City Manager (or his/her designee) a set of schematic drawings
(including an initial space plan) plan for any improvements and/or alterations to the Premises, which shall also
include as an attachment a schedule of finishes and Tenant's proposed construction budget (the "Schematic
Drawings") for Tenant's Work. The construction budget shall include detailed descriptions of the scope of work
and provide for a minimum expenditure for Tenant's Work. The Schematic Drawings shall be consistent with the
Concept Plan approved by the City Commission, and shall be subject to Landlord's City Manager's (or his/her
designee) review and approval, in its proprietary capacity as Landlord, with such approval not to be
unrelsonably withheld or delayed. Landlord's City Manager (or his/her designee) shall notify Tenant in writing of
its acceptante or of its objections to the Schematic Drawings. Should Tenant fail to submit the Schematic
Drawings within the time period set forth above, or should Tenant fail to make any reasonable modifications
Landlord may require within ten (10) business days of notice thereof, then either such event shall be deemed to
be a default under this Lease. Tenant acknowledges that submission of satisfactory Schematic Drawings is a
condition to Landlord's entering into this Lease with Tenant, and that if Tenant fails to furnish Schematic
Drawings reasonably acceptable to Landlord within the time periods set forth herein, then, in such event, Tenant
shall be in default under this Lease. The Schematic Drawings, as approved by Landlord's City Manager (or
his/her designee) in his or her reasonable discretion, shall be incorporated herein by reference and made part of
this Lease.
(d) Within ten (10) business days after the date Landlord's City Manager (or his/her
designee) has approved the Schematic Drawings, Tenant, at Tenant's expense, agrees to furnish to Landlord's
City Manager (or his/her designee) a complete, detailed set of plans and specifications through the design
Oevelopment stage ("Tenant's Plans") for Tenant's Work, which shall include, without limitation, all working
drawings, elevatibns, finish selections, and signage schematics, along with a separate schedule detailing
Tenantis estimated expenditures in connection with Tenant's Work (based on the construction budget described
above as supplemented to reflect the approved Schematic Drawings) and a list of the proposed architect and
engineer(s), interior design team, general contractor, and subcontractors. Tenant's Plans shall be based on the
"p[rou"O
Schematic Drawings and shall be in a form sufficient to obtain a building permit from the City of Miami
Beach. Tenant's Plans shall be prepared by Tenant's architect and enginee(s), which architect and engineer(s)
shall be subject to Landlord's City Manager's (or his/her designee's) prior written approval, which shall not be
unreasonably withheld or delayed. Tenant's Plans shall be subject to Landlord's City Manager's (or his/her
designee's) ieasonable review and approval, which approval shall not be unreasonably withheld or delayed.
tandlord's City Manager (or his/her designee) shall notify Tenant in writing of its acceptance or of its objections
to Tenant's Plans wiihin ten (10) business days after the Tenant's Plans have been provided to Landlord.
Should Tenant fail to submit Tenant's Plans within the time period set forth above, or should Tenant failto make
any reasonable modifications Landlord may require within ten (10) business days of notice thereof, then either
such event shall be deemed to be a default under this lease. Notwithstanding Landlord's City Manager's (or
his/her designee's) review and approval of Tenant's Plans, Landlord assumes no responsibility whatsoever, and
shall not OJ tiaOte, for the manufacturer's, architect's, or engineer's design or performance of any of Tenant's
Work or any structural, mechanical, electrical, or plumbing systems or equipment of Tenant. [Final negotiated
lanouaqe to be modified to reflect aooroach re: Tenant's pre-fabricated container elementsl
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(e) Once Landlord approves Tenant's Plans, Tenant shall, within five (5) business days,
provide Landlord's City Manager (or his/her designee) with two (2) sets of Tenant's Plans (and any changes to
Tenant's Plans and/or the approved construction budget shall be made only by written addendum signed by both
parties). Tenant's Plans, as approved by Landlord's City Manager (or his/her designee), shall be incorporated
herein by reference and made part of this Lease.
(0 Within ten (10) business days after the date Landlord's City Manager (or his/her
designee) has approved Tenant's Plans, Tenant, at Tenant's expense, agrees to furnish to Landlord's City
Manager (or his/her designee) a complete and detailed set of construction documents in AIA form, including all
exhibits ("Tenant's Construction Documents") for Tenant's Work, which shall be prepared by Tenant's architects.
Tenant's Construction Documents shall be subject to Landlord's City Manager's (or his/her designee's) prior
written approval, which approval shall not be unreasonably withheld or delayed, and Tenant shall receive written
notification of Landlord's approval or objections to Tenant's Construction Documents. Should Tenant fail to
submit Tenant's Construction Documents with the period set forth above or should Tenant fail to make any
reasonable modifications, Landlord may request within ten (10) business days of notice hereof, then either such
event shall be deemed a default under this Lease. Notwithstanding Landlord's review of Tenant's Construction
Documents, Landlord assumes no responsibility whatsoever and shall not be liable with respect to any item
contained therein.
(g) Once Landlord's City Manager (or his/her designee) approves Tenant's Construction
Documents, Tenant shall, within five (5) days, provide Landlord's City Manager (or his/her designee's) with
two (2) sets of Tenant's Construction Documents (and any changes to Tenant's Construction Documents and/or
the approved construction budget shall be made only by written addendum signed by both parties).
(h) Tenant shall use only experienced contractors and subcontractors holding all of the
requisite licenses that may be required in the State of Florida to construct the Tenant's Work, provided such
contractors are approved, in writing, by Landlord's City Manager (or his/her designee) to complete the
construction and installation of Tenant's Work, which approval shall not be unreasonably withheld or delayed.
Within ten (10) business days afterthe date hereof, Tenant shall provide to Landlord's City Manager (or his/her
designee) certificates of insurance evidencing that Tenant has the required comprehensive general liability
insurance required of Tenant under the Lease. ln addition, Tenant shall provide to Landlord's City Manager (or
his/her designee) certificates of insurance evidencing that Tenant's general contractor has in effect (and shall
maintain at all times during the course of the work hereunder) workers' compensation insurance to cover full
liability under workers' compensation laws of the State of Florida with employers' liability coverage;
comprehensive general liability and builder's risk insurance for the hazards of operations, independent
contractors, products and completed operations (for two (2) years after the date of acceptance of the work by
Landlord and Tenant); and contractual liability specifically covering the indemnification provision in the
construction contract, such comprehensive general liability to include broad form property damage and afford
coverage for explosion, collapse and underground hazards, and "personal injury" liability insurance and an
endorsement providing that the insurance afforded under the contractor's policy is primary insurance as respects
Landlord and Tenant and that any other insurance maintained by Landlord (if any) or Tenant is excess and non-
contributing with the insurance required hereunder, provided that such insurance may be written through primary
or umbrella insurance policies with a minimum policy limit of $1,000,000.00. Landlord and Tenant are to be
included as an additional insured for insurance coverages required of the general contractor. Tenant shall inform
its contractor, subcontractors, and material suppliers that Landlord's interest in the Premises shall not be subject
to any lien to secure payment for work done or materials supplied to the Premises on Tenant's behalf, and
Tenant shall cause for the general contractor to (i) indemnify the Landlord for its negligent or willful misconduct in
connection with the performance of the Tenant's Work, and (ii) to secure a Performance Bond and Payment
Bond in a penal sum sutficient to cover the full contract valued of the Tenant's Work, with such Performance
Bond and Payment Bond to name the Tenant and the Landlord as co-obligees. All inspections and approvals
necessary and appropriate to complete Tenant's Work in accordance with Tenant's Plans and as necessary to
obtain a certificate of use and occupancy as hereinafter provided are the responsibility of Tenant and its general
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contractor. Tenant shall arrange a meeting prior to the commencement of construction between Landlord and
Tenant's contractors for the purpose of organizing and coordinating the completion of Tenant's Work.
(i) Once Tenant's Plans have been approved by Landlord's City Manager (or his/her
designee), Tenant shall diligently pursue the issuance of a full building permit therefor. Tenant shall commence
Tenant's Work (and shall be required to diligently pursue same) upon receipt of the full building permit. lf Tenant
has not achieved Substantial Completion of Tenant's Work in accordance with Tenant's Plans, as approved by
Landlord's City Manager (or his/her designee), by the date that is [ten (10)] months after the Commencement
Date, then, in such event, Tenant shall be in default under this Lease, and Landlord shall have the option to
declare this Lease null and void and exercise any remedies available under this Lease, [unless the Tenant is
utilizing good faith efforts to diligently pursue Substantial Completion of the Tenant's Work and Tenant's
negligence or intentional misconduct is not the cause of such delay; in such case, the deadline for Substantial
Completion of Tenant's Work shall be extended until a commercially reasonable datel[parties to modify to
provide City with final outside date, but one that provides Tenant sufficient flexibility to account for delays etcl.
Should this Lease be declared null and void pursuant to this paragraph, Tenant shall forfeit all rights to any
deposits, advance Rent, and any other payments made under this Lease, and Landlord shall have no further
liability to Tenant under this Lease. "substantial Completion" of Tenant's Work shall mean that Tenant's Work
has been materially completed in accordance with the approved Tenant's Plans and that the Premises are
approved for use and occupancy by the appropriate governmental authorities and are in suitable condition for the
operation of Tenant's business.
0) All of Tenant's Work shall be completed in a good and workmanlike manner and shall be
in conformity with all requirements of the City Code and the Florida Building Code, and in accordance with
Landlord's construction rules and regulations pertaining to contractors. Upon completion of Tenant's Work,
Tenant shall furnish Landlord's City Manager (or his/her designee):
(1) a certificate of use and/or occupancy issued by the City and other evidence
satisfactory to Landlord's City Manager (or his/her designee) that Tenant has obtained the governmental
approvals necessary to permit occupancy; and
(2) a notarized affidavit from Tenant's contracto(s) that all amounts due for work
done and materials furnished in completing Tenant's Work have been paid; and
(3) releases of lien from any subcontractor or material supplier that has given
Landlord a Notice to Owner pursuant to Florida law; and
(4) as-built drawings of the Premises, with a list and description of all work
performed by the contractors, subcontractors, and material suppliers.
(k) Any damage to the existing finishes of the Premises or any portion thereof shall be
patched and repaired by Tenant [within a commerically reasonable timeframe], at its expense, and all such work
shall be done to Landlord's reasonable satisfaction. lf any patched and painted area does not match the original
surface, then the entire surface shall be repainted at Tenant's expense. Tenant agrees to indemnify and hold
harmless Landlord, its employees, contractors, and agents, from and against any and all costs, expenses,
damage, loss, or liability, including, but not limited to, reasonable attorneys'fees and costs, which arise out of, is
occasioned by, or is in any way attributable to the build-out of the Premises or any subsequent improvements or
alterations by Tenant pursuant to this Lease. Tenant, at its expense, shall be responsible for the [reasonable]
maintenance, repair, and replacement of any and all items constructed by Tenant's contractor.
(l) Tenant shall not alter the Log Cabin building [This provision to be revised once City
Commission makes determination of status/disposition of Log Cabinl, or the existing fire alarm system in
the building located on the Premises, or [Final negotiated language to include any additional items/areas
that are not to be alteredl. Tenant's Plans shall include detailed drawings and specifications for the design and
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installation of Tenant's fire alarm (and security) system(s) for the Premises. Such system(s) shall meet all
appropriate building code requirements, and the fire alarm system shall, at Tenant's expense, be integrated into
Landlord's fire alarm system for the existing facility located at the Premises. Landlord's electrical contractor
and/or fire alarm contractor shall, at Tenant's expense, make all final connections between Tenant's and
Landlord's fire alarm systems. Tenant shall insure that all work performed on the fire alarm system shall be
coordinated at the job site with the Landlord's representative.
(m) the above requirements for submission of plans and the use of specific contractors shall
not apply to maintenance or repairs which do not exceed $2,500.00, provided that the work is not structural, and
provided that it is permitted by applicable law.
(n) Construction DePosit:
Landlord has requested, and Tenant has agreed, to secure Tenant's construction obligations under this Lease in
an amount and upon the terms and conditions hereinafter set forth. On or before the Commencement Date,
Tenant shall deposit with its attorney as Escrow Agent ("Escrow Agent"), a cash construction deposit in the sum
of-Dollars($-)(''ConstructionDeposit',)'TheConstructionDepositshallbe
depositedasfollows:$-uponexecutionbythePartiesoftheEscrowAgreementreferencedbelow
and attached and incorporated as Exhibit "F" hereto; and the remaining $to be deposited within
forty five (45) calendar days from execution of the Escrow Agreement. Tenant's failure to deposit the
Construction Deposit within the aforestated time periods shall be deemed a default by Tenant under this Lease,
entiling the City to immediately terminate this Lease, without notice or penalty of any kind whatsoever. The
Construction Deposit shall be held as security for Tenant's construction obligations under this Lease including,
but not limited to, Tenant's obligation to commence and complete construction of the Tenant's Work within the
time and in the manner herein set forth. The Construction Deposit shall be deposited, distributed and otherwise
governed pursuant to this paragraph (n) and the terms and conditions of the Escrow Agreement executed
between Landlord and Tenant (and attached and incorporated as Exhibit "F" hereto). Tenant shall only use a
licensed and insured general contractor. Tenant shall have the right to draw against the Construction Deposit for
hard construction costs only, based upon draw requests executed by Tenant's architect and certifying to
Landlord that the work set forth in the draw request has been substantially completed. The draw request shall be
accompanied by lien waivers or releases of lien from the persons or entities performing the work or furnishing the
materials referred to therein. ln no event shall the Construction Deposit be reduced to less than $50,000 until
such time as the Tenant' Work has been substantially completed, as determined by Landlord, in its sole and
reasonable discretion. The Construction Deposit shall be released upon issuance by the City of a final
Certificate of Occupancy (CO), with proof that all permits have been closed, together with final lien waivers and
contractor's affidavit reflecting that all contractors, subcontractors, laborers and materialmen have been paid in
full. ln the event Tenant fails to substantially complete Tenant's Work in accordance with the final plans and as
required herein, such failure shall constitute a default. ln the event of default and in addition to any and all other
rights of the Landlord hereunder, Escrow Agent shall deliver the Construction Deposit to the Landlord who shall
hive the right, in addition to and not in limitation of any and all rights of Landlord hereunder, to retain such
Construction Deposit in the same manner as in the case of the Security Deposit. Further, in the event Tenant
fails or refuses to deliver to Escrow Agent, the Construction Deposit simultaneously with the delivery of
possession of the Premises, Tenant shall be deemed in default hereunder and in addition to all other rights and
iemedies of Landlord hereunder, ln such event, Tenant shall not be entitled to retain possession of the Premises
and Landlord shall retain the Security Deposit as partial consideration for the damages sustained by Landlord
resulting from such default. [NOTE: TO CONFIRM, lF LETTER OF CREDIT lS lN PLACE, THIS PRCOEDURE
rs NoT APPLICABLEI
[City and Tenant, as part of final negotations, to agree upon escrow or alternate form of security, such as
I pertorrance bond or irrevocable unconditional letter of credit in favor of City, to guarantee Tenant's
performance obtigations. Parties need to discuss further based on final approach re: Tenant's purchase
of the pre-fabricaied "container" elements. Any equipment lease/financing, if any is ultimately approved,
must be in a form acceptabte to the City Manager and City Attorneyl
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The parties agree and acknowledge that the foregoing conditions are intended to be conditions subsequent to
Landlord's approval of this Lease. Accordingly, in the event that Tenant does not satisfy the aforestated, then
Landlord's City Manager may immediately, without further demand or notice, terminate this Lease without being
prejudiced as to any remedies which may be available to him/her for breach of contract.
(o) Tenant's Work shall be completed no later than ten (10) months following the Commencement
Date. ln the event Tenant has failed to achieve substantial completion of the Tenant's Work and obtain a
temporary certificate of occupancy no later than (10) months following the Commencement Date, Landlord may,
at its sole option and discretion, terminate this Lease without liability or penalty of any kind whatsoever.
5.3 Maintenance and Repairs bv Tenant. lt is hereby acknowledged and agreed that Tenant is
solely responsible to maintain and repair the whole of the Premises and each of the facilities thereon (excluding
the Log Cabin building), at its sole cost and expense, including roof, structural, mechanical, plumbing, electrical
and general maintenance and upkeep. Tenant shall [promply][utilize commercially reasonable efforts] make any
repairs required to correct any code violations or notices of violation issued by any agency having jurisdiction
over the Premises, the Tenant, or any Vendor. Tenant will notify Landlord in writing of any necessary repairs that
it is undertaking on the Premises that exceed a cost amount of [$ l. Landlord shall not be responsible
for any damages caused to Tenant by reason of failure of any equipment or facilities serving the Premises or
delays in the performance of any work for which the Landlord is responsible to perform pursuant to this Lease.
Notwithstanding any other provisions of this Lease, if any part of the Premises is damaged or destroyed or
requires repair, replacement, or alteration as a result of the act or omission of Tenant, its employees, agents,
invitees, licensees, or contractors, Landlord shall have the right to perform same and the cost of such repairs,
replacement, or alterations shall be paid by Tenant to Landlord within five (5) business days after Tenant's
receipt of demand form Landlord. ln addition, if, in an emergency, it shall become necessary to make promptly
any repairs or replacements required to be made by Tenant, Landlord may re-enter the Premises and proceed
forthwith to have the repairs or replacements made and pay the costs thereof. Within ten (10) days after written
demand, Tenant shall reimburse Landlord for the cost of making the repairs. All repair and maintenance
performed by Tenant shall be performed by contractors or workmen designated or approved by Landlord's City
Manager, which approval shall not be unreasonably withheld or delayed. At the expiration or earlier termination
of the Term, Tenant shall surrender the Premises to Landlord in as good condition and repair as Tenant is
required to maintain the Premises throughout the Term, reasonable wear and tear excepted. Tenant shall be
responsible for all trash removal for its business operations, including, without limitation, that Tenant shall keep
all wet garbage under refrigeration. [City Admin to confirm if any other revisions are required.]
5.4 Aooroval of Tenant's Alterations. No [material] alterations (including, without limitation,
improvements, additions, or modifications to the Premises) shall be made by Tenant to the Premises without
Landlord's prior written approval, which,[as to exterior or structural alterations may/shall not be withheld in
Landlord's sole discretionl. Any alterations by Tenant shall be performed at the sole cost of Tenant, by
contractors and workmen approved by Landlord's City Manager, which approval shall not be unreasonably
withheld or delayed, in a good and workmanlike manner, and in accordance with all applicable laws and
regulations. Notwithstanding the foregoing, nonstructural alterations which do not require a building permit may
be made without Landlord's City Manager's consent, but Tenant shall notify Landlord's City Manager in writing
prior to making any such alterations.
5.S Removal of lmprovements and Fixtures. All leasehold improvements and fixtures (other than
unattached, movable trade fixtures installed by Tenant which can be removed without damage to the Premises)
shall at the expiration or earlier termination of this Lease become Landlord's property. Following the Rent
Commencement Date, Tenant and Landlord shall execute a memorandum listing the unattached, movable trade
fixtures installed by the Tenant. Tenant may, during the Term, in the usual course of its business, remove its
trade fixtures, provided that Tenant is not in default under this Lease; and Tenant shall, at the expiration or
earlier termination of the Term, at its sole cost, remove such of the leasehold improvements (except for
improvements installed by Landlord prior to the Commencement Date) and trade fixtures in the Premises as
Landlord shall require to be removed and restore the Premises to the condition existing prior to such removal.
Tenant shall at its own expense reasonably repair any damage caused to the Premises by such removal. lf
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Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures
shall, at the option of Landlord, become the property of Landlord and may be removed from the Premises and
sold or disposed of by Landlord in such manner as it deems advisable without any accounting to Tenant.
5.6 No Liens or Encumbrances.
(a) The right, title and interest of the Landlord in the Premises shall not be subject to liens or claims
of liens for improvements made by Tenant. Tenant shall promptly pay for all materials supplied and work done in
respect of the Premises so as to ensure that no lien or encumbrance of any kind is recorded or filed against the
Premises or any portion thereof, or against Landlord's or Tenant's respective interests therein. lf a lien is so
recorded, Tenant shall discharge it promptly by payment or bonding. lf any such lien against the Premises is
recorded and not discharged by Tenant as above required within thirty (30) days following written notice to
Tenant, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be
paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no
interest of Landlord in the Premises shall be subject to any lien for improvements made by Tenant in or for the
Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, such liability being
expressly prohibited by the terms of this Lease. Tenant hereby agrees to inform all contractors and material
suppliers performing work in or for or supplying materials to the Premises of the requirements of this Section.
(b) ln no event shall Tenant create, incur, secure or allow any leasehold mortgage or other
encumbrance affecting the Premises or any portion thereof, or otherwise pledge Tenant's interest in the
Premises for any purpose whatsoever, including, without limitation, any debt or other financing.
(c) Any purported encumbrance that is not in accordance with this Lease shall be, to the fullest
extent permitted by law, null and void.
5.7 Utilities and Other Exoenses Related to Ooeration of Premises. Tenant shall be solely
responsible for, and shall directly pay for, or pay to Landlord (or as Landlord directs), all gas, electricity, water,
heating, cooling, sewer, telephone, as separately metered, and other charges and expenses associated with the
operation of the Premises. ln addition, Tenant's electrical equipment and lighting shall be restricted to that
equipment and lighting which individually does not have a rated capacity and/or design load greater than the
rated capacity and/or design load of the Premises. lf Tenant's consumption of electrical services exceeds either
the rated capacity and/or design load of the Premises, then Tenant shall remove the equipment and/or lighting to
achieve compliance within ten (10) days after receiving written notice from Landlord, or such equipment and/or
lighting may remain in the Premises, so long as (a) Tenant shall pay for all costs of installation and maintenance
of submeters, wiring, air-conditioning, and other items required by Landlord, in Landlord's City Manager's
reasonable discretion, to accommodate Tenant's excess design loads and capacities; and (b) Tenant shall pay
to Landlord, within thirty (30) days after rendition of a bill, the cost of the excess consumption of electrical service
at the rates charged to Landlord by Florida Power & Light, which shall be in accordance with any applicable laws.
S.8. General Maintenance/Cleanino. Tenant shall maintain the Premises in a [commerically
reasonablyl neat, clean, orderly, sanitary and presentable condition which, at a minimum, satisfies the
cleanliness standards set forth in Exhibit "G."[specific standards to be finalized] Tenant shall, at its sole cost
and expense, be responsible for janitorialservices, and storing, disposition, and daily removalfrom the Premises
of all trash, litter, debris and refuse which might accumulate and arise from the use of the Premises. Tenant
shall provide its own garbage receptacles and shall be solely responsible for all arrangements and costs related
to dumping. Tenant shall promply undertake any maintenance or cleaning required to correct any code
violations or notices of violation issued by any agency having jurisdiction over the Premises, the Tenant, or any
Vendor at the Premises. Tenant shall be solely responsible for all industrial wastes on the Premises caused or
produced by Tenant, its Vendors, licensees, invitees, or third-parties operating on the Premises, and shall be
responsible for the proper disposal thereof, in accordance with applicable laws and governmental requirements.
An annual assessment of the condition of the Premises shall be undertaken by Landlord, with Tenant's
participation and cooperation, to identify any necessary repairs or improvements that Tenant may need to
undertake during the Term. Tenant further agrees that while Landlord has made available certain air-
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conditioning unit(s) at facilities located within the Premises, Tenant shall obtain, and continuously maintain in
good standing, at Tenant's expense, throughout the Term, a maintenance and repair contract, approved by the
Landlord, with a service company previously approved in writing by the City, providing for the preventative
maintenance and repair of all air conditioning units servicing the Premises. Tenant shall provide the Landlord, in
writing, within ten (10) business days, the name(s) and telephone numbe(s) of service company(ies) for
Landlord's review and approval. Tenant shall provide a copy of a current, enforceable and fully executed
maintenance and repair contract, no laterthan ten (10) business days after receipt of the Landlord's approval of
the service company, as proof of Tenant's compliance with this Section.
5.9. Failure of Tenant to Maintain/Repair Premises. lf Tenant has failed to properly clean, remove
trash and deOris, rniintain, repair, replace and refurbish the Premises as required by this Article V, Landlord shall
provide to the Tenant a written list of deficiencies, reflecting the amount of time to be reasonably allowed for the
Tenant to correct same. lf the Tenant fails to correct or commence to correct such deficiencies within the time
allowed, then Tenant shall be in default under this Lease, and Landlord shall have the option to either terminate
this Lease pursuant to Article lX, or correct any or all of such deficiencies, in which case, the Landlord shall give
Tenant five (5) days further written notice of its intention to do so, and if the Tenant has not corrected or
commenced to correct the same within such additional five (5) day period, the Landlord may enter upon the
premises and perform all work, which, in the reasonable judgment of the Landlord, is necessary and the
Landlord shall add the cost of such work, plus twenty-five percent (25%) lor administrative costs, to the Rent due
hereunder on the first day of the month following the date of such work, and such cost shall be and constitute a
part of the Rent.
5.10. Penalties in Lieu of Default. Notwithstanding Landlord's right to declare Tenant in default pursuant
to this Lease, as an alternative means of ensuring compliance with certain non-monetary terms of this Lease for
which the Tenant hereby agrees and acknowledges that the cure period provided for defaults herein is an
inadequate remedy, the Landlord's City Manager or designee may issue a fine to the Tenant for violations of the
items listed in Exhibit "H" attached hereto, and in the amounts specified therein for each violation.
ARTTCLE VL INSURANCE: LIMITATION OF LIABILITY: AND INDEMNITY.
6.1 Tenant's lnsurance. Tenant shall, throughout the Term (and any other period when Tenant is in
possession of the Premises), maintain at its sole cost the following insurance:
(A) All risks property insurance, containing a waiver of subrogation rights which Tenant's
insurers may have against Landlord and against those for whom Landlord is in law responsible including, without
limitation, its directors, officers, agents, and employees, and (except with respect to Tenant's chattels)
incorporating a standard Florida mortgagee endorsement (without contribution). Such insurance shall insure
property of Jvery kind owned by Tenant in an amount not less than the full replacement cost thereof (new), with
suin "ort to be adjusted no less than annually. Such policy shall include Landlord as an additional insured.
(B) Comprehensive general liability insurance. Such policy shall contain inclusive limits per
occurrence of not less than the amount specified in the Lease Summary, provide for severability of interests; and
include Landlord as an additional insured.
(C) Worker's compensation and employe/s liability insurance in compliance with applicable
legal requirements.
(D) Automobile Liability lnsurance, covering owned, non-owned, leased or hired
automobiles, with a minimum combined single limit of $1,000,000 Each Accident;
(E) Liquor Liability lnsurance with minimum limits of $2,000,000 per occurrence and
$5,000,000 in the aggregate.
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(F) Any other form of insurance which Landlord, acting reasonably, requires from time to time in form, in
amounts, and for risks against which a prudent tenant would insure, but in any event not less than that carried by
comparable restaurant establishments in Miami-Dade County, Florida.
All policies referred to above shall: (i) be taken out with insurers licensed to do business in Florida and
reasonably acceptable to Landlord's City Manager; (ii) be in a form reasonably satisfactory to Landlord's City
Manager; (iii) be non-contributing with, and shall apply only as primary and not as excess to any other insurance
available to Landlord; (iv) contain an undertaking by the insurers to notify Landlord by certified mail not less than
thirty (30) days prior to any material change, cancellation, or termination, and (v) with respect to subsection (A),
contain replacement cost, demolition cost, and increased cost of construction endorsements. Certificates of
insurance on Landlord's standard form or, if required by Landlord's City Manager, copies of such insurance
policies certified by an authorized officer of Tenant's insurer as being complete and current, shall be delivered to
Landlord's City Manager promptly upon request. lf Tenant fails to take out or to keep in force any insurance
referred to in this Section 6.1, orshould anysuch insurance not be approved by Landlord, and Tenantdoes not
commence and continue to diligently cure such default within five (5) business days after written notice by
Landlord to Tenant specifying the nature of such default, then Landlord has the right, without assuming any
obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord
shall be paid by Tenant to Landlord as Additional Rent without prejudice to any other rights or remedies of
Landlord under this Lease. Tenant shall not keep or use in the Premises any article which may be prohibited by
any fire or casualty insurance policy in force from time to time covering the Premises, or the Facility.
6.2 Loss or Damaqe. Tenant acknowledges that the Tenant will be performing any maintenance and
repairs required hereunder. Landlord shall not be liable for any death, injury or property damage arising from or
out of any occurrence in, upon, at, or relating to the Premises, or damage to property of Tenant or of others
located in the Premises, nor shall it be responsible for any loss of or damage to any property of Tenant or others
from any cause, unless such death, injury, loss, or damage results from the gross negligence or willful
misconduct of Landlord. Without limiting the generality of the foregoing, Landlord shall not be liable for any
injury or damage to persons or property resulting from fire, explosion, falling plaster, falling ceiling tile, falling
fixtures, steam, gas, electricity, water, rain, flood, or leaks from any part of the Premises or from the pipes,
sprinklers, appliances, plumbing works, roof, windows, or subsurface of any floor or ceiling of the Premises, or
from the street or any other place or by dampness, or by any other cause whatsoever, unless resulting from the
gross negligence or willful misconduct of Landlord. Tenant agrees to indemnify Landlord and hold it harmless
from and against any and all loss (including loss of any Rent payable in respect to the Premises), claims, actions,
damages, liability, and expense of any kind whatsoever (including attorneys'fees and costs at alltribunal levels),
unless caused by the gross negligence or willful misconduct of Landlord, arising from any occurrence in, upon, or
at the Premises, or the occupancy, use, or improvement by Tenant or its agents or invitees of the Premises, or
occasioned wholly or in part by any act or omission of Tenant its agents, employees, and invitees or by anyone
permitted to be in the Premises by Tenant.
6.3 Waiver of Subroqation. Landlord and Tenant each hereby waives on behalf of itself and its
insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or
otherwise) any and all rights of recovery, claim, action, or cause of action, against the other, its agents, officers,
or employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the
Facility, or any improvements to any of the aforestated, or any personal property of such party therein, by reason
of fire, the elements, or any other causes which are, or could or should be insured against under the terms of the
standard fire and extended coverage insurance policies referred to in this Lease, regardless of whether such
insurance is actually maintained and regardless of the cause or origin of the damage involved, including
negligence of the other party hereto, its agents, officers, or employees. Tenant shall obtain from its insurers,
under all policies of fire, theft, public liability, worker's compensation, and other insurance maintained by it at any
time during the Term hereof insuring or covering the Premises or any portion thereof or operations therein, a
waiver of all rights of subrogation which the insurer of Tenant have against the Landlord, and Tenant shall
indemnify, defend, and hold harmless Landlord against any loss or expense, including reasonable attorneys'fees
(appellate or otherwise) resulting from the failure to obtain such waiver.
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6.4. Limitation of Landlord's Liabilitv. Landlord desires to enter into this Lease only if in so doing the
Landlord can place a limit on its liability for any cause of action for money damages due to an alleged breach by
the Landlord of this Lease, so that its liabilityfor any such breach never exceeds the sum of [$10,000] Tenant
hereby expresses its willingness to enter into this Lease with Tenant's recovery from the City for any damage
action for breach of contract to be limited to a maximum amount of $10,000. Accordingly, and notwithstanding
any other term or condition of this Lease, Tenant hereby agrees that the Landlord shall not be liable to the
Tenant for damages in an amount in excess of $10,000, which amount shall be reduced bythe amount actually
paid by the Landlord to Tenant pursuant to this Lease, for any action or claim for breach of contract arising out of
the performance or non-performance of any obligations imposed upon the Landlord by this Lease. Nothing
contained in this paragraph or elsewhere in this Lease is in any way intended to be a waiver of the limitation
placed upon the City's liability as set forth in Section 768.28, Florida Statutes
6.5. lndemnity Against Costs and Charges. Tenant shall be liable to Landlord for all costs and
charges, expenses, reasonable attorney's fees, and damages which may be incurred or sustained by the City, by
reason of the Tenant's breach of any of the provisions of this Lease. As provided in Section 2.8 of this Lease,
any sums due the Landlord under the provisions of this item shall constitute a lien against the interest of the
Tenant and the Premises and all of Tenant's property situated thereon to the same extent and on the same
conditions as delinquent Rent would constitute a lien on said Premises and property. Tenant agrees to pay all
damages to the Premises if caused by the Tenant or any employee, guest, or invitee of the Tenant. lf Tenant
shall at any time be in default hereunder, and if the Landlord shall deem it necessary to engage an attorney to
enforce the Landlord's rights and Tenant's obligations hereunder, the Tenant will reimburse the City for the
reasonable expenses incurred thereby, including, but not limited to, court costs and reasonable attorney's fees,
whether suit be brought or not and if suit be brought, then Tenant shall be liable for expenses incurred at both
the trialand appellate levels.
6.6 lndemnification Aoainst Claims. Tenant shall indemnify, defend and save the City harmless from
and against any anO all claims or causes of action by or on behalf of any person, firm, or corporation, for
personal injury or property damage occurring upon the Premises or upon any other land or other facility or
appurtenante used in connection with the Premises, occasioned in whole or in part by any of the following: (i)
any act or omission on the part of the Tenant, or any employee, agent, contractor, invitee, guest, assignee, sub-
tenant or subcontractor of the Tenant; (ii) any misuse, neglect, or unlawful use of the Premises by Tenant, or any
employee, agent, contractor, invitee, guest, assignee, sub-tenant or subcontractor of the Tenant, but not to
inciude trespassers upon the Premises; (iii) any breach, violation, or non-performance of any undertaking of the
Tenant under this Lease; or (iv) Any event arising out of the use or occupancy of the Premises by the Tenant.
ARTICLE VII. DAMAGE AND DESTRUCTION.
2.1 Damaoe to Premises. Tenant acknowledges that if the Premises are partially or totally destroyed
due to fire or other casualty, any repairs to or rebuilding of the damaged portions of the Premises will be performed
by Landlord but, in any event, only to the extent that Landlord is required to repair or rebuild the Premises to the
condition Landlord was required to turn over the Premises to Tenant as of the Commencement Date. lf Landlord
repairs or rebuilds, Base Rent shall abate proportionately to the portion of the Premises, if any, rendered
untenantable from the date of destruction or damage until the repairs have been substantially completed. Upon
being notified that the repairs have been substantially completed, Tenant shall diligently perform all other work
required to fully restore the Premises for use in Tenant's business, in every case at Tenant's cost and without
any contribution to such cost by Landlord. Tenant agrees that during any period of reconstruction or repair of the
premises, it will continue the operation of its business within the Premises to the extent practicable. lf all or any
part of the Premises shall be damaged by fire or other casualty and the fire or other casualty is caused by the
iault or neglect of Tenant or Tenant's employees, contractors, agents, guest, or invitees, Rent and all other
charges shall not abate.
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7.2 Termination for Damaqe. Notwithstanding Section 7.1, tf damage or destruction which has
occurred to the Premises is such that, in the sole reasonable opinion of Landlord's City Manager, such
reconstruction or repair cannot be completed within one hundred twenty(120) days of the happening of the
damage or destruction, Landlord may, at its sole option, terminate this Lease on notice to Tenant given within
thirty (30) days after such damage or destruction and Tenant shall immediately deliver vacant possession of the
Premises in accordance with the terms of this Lease.
ln addition, if Landlord undertakes the reconstruction or repair, and does not complete same within
nine (9) months after the date of the fire or other casualty (subject to the time required to prepare plans for
reconstruction, to obtain building permits, to receive distribution of insurance proceeds, and to complete the likely
contract bidding process and all other relevant factors, but not to exceed an additional ninety (90) days), then
Tenant shall have the right to terminate this Lease by written notice to Landlord's City Manager delivered within
thirty (30) days after the expiration of such nine (9) month period (or as extended), whereupon both parties shall
be relieved of all further obligations hereunder, except as othenrise expressly set forth herein.
ARTICLE VIII. ASSIGNMENT. LEASES. AND TRANSFERS.
8.1 Transfer bv Tenant. Tenant shall not enter into, consent to, or permit any Transfer, as hereinafter
defined, without the prior written consent of Landlord in each instance, which consent may be granted or withheld
in Landlord's sole and absolute discretion for any reason or for no reason. For purposes of this Lease,
"Transfe/' means an assignment of this Lease in whole or in part; any transaction whereby the rights of Tenant
under this Lease or to the Premises are transferred to another; any mortgage or encumbrance of this Lease or
the Premises or any part thereof or other arrangement under which either this Lease or the Premises become
security for any indebtedness or other obligations; and if Tenant is a corporation or a partnership, the transfer of
a controlling interest in the stock of the corporation or partnership interests, as applicable. lf there is a permitted
Transfer, Landlord may collect Rent or other payments from the transferee and apply the net amount collected to
the Rent or other payments required to be paid pursuant to this Lease, but no acceptance by Landlord of any
payments by a transferee shall be deemed a waiver of any provisions hereof regarding Tenant. Notwithstanding
any Transfer, Tenant shall not be released from any of its obligations under this Lease. Landlord's consent to
any Transfer shall be subject to the further condition that if the Rent pursuant to such Transfer exceeds the Rent
payable under this Lease, the amount of such excess shall be paid to Landlord. lf, pursuant to a permitted
Transfer, Tenant receives from the transferee, either directly or indirectly, any consideration other than Rent for
such Transfer, either in the form of cash, goods, or services, Tenant shall, upon receipt thereof, pay to Landlord
an amount equivalent to such consideration. [Final negotiated language may be modified to reflect process for
approvals of sublicenses and ensure Vendors are acceptable and no leasehold interest or other interest in and
to the Premises is transferred to any Vendors. Final language to reviewed with Planning Dept, to ensure
consistent with any regulatory requirements.l
ln addition, Tenant shall not grant any purchase money security interest in its furniture, fixtures, and
equipment in the Premises, without prior written consent of the Landlord's City Manager.
ARTICLE IX. DEFAULT AND TERMINATION.
9.1 Defaults. A default by Tenant shall be deemed to have occurred hereunder, if and whenever:
(i) any Base Rent or Percentage Rent is not paid within five (5) days after it's due whether or not any notice or
demand for payment has been made by Landlord; (ii) any other Additional Rent or Rent is in arrears and is not
paid within five (5) days after written demand by Landlord; (iii) Tenant has breached any of its obligations in this
Lease (other than the payment of Rent) and Tenant fails to remedy such breach within fifteen (15) days (or such
shorter period as may be provided in this Lease), or if such breach cannot reasonably be remedied within
fifteen (15) days (or such shorter period), then if Tenant fails to immediately commence to remedy and thereafter
proceed diligently to remedy such breach, in each case after notice in writing from Landlord; (iv) Tenant becomes
bankrupt or insolvent; (v) Tenant fails to maintain any of the insurance required under this Lease, and fails to
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remedy such breach within the time period specified in Section 9.1(iii), or if any of Landlord's policies of
insurance (if any) with respect to the Premises are canceled or adversely changed as a result of Tenant's use or
occupancy of the Premises; (vi) the business operated by Tenant in the Premises shall be closed by
governmental or court order for any reason; (vii) Tenant fails to obtain a Temporary Certificate of Occupance for
Tenant's Work no laterthan ten (10) months following the Commencement Date; (viii) Tenant fails to open the
North Beach Yard to the general public no later than eleven (1 1) months following the Commencement Date; (ix)
Tenant conducts any business or other activity on the Premises that is not expressly permitted under this Lease;
(x) Tenant fails to maintain the Premises or meet any of its obligations in Article V, including, without limitation,
with respect to the Cleanliness Standards in Exhibit "G", and fails to remedy such breach within the time period
specified in Section 9.1(iii) herein; (xi) lf Tenantfailsto resolve anycodeviolations issued byanygovernmental
entity jurisdiction over the Premises, including, without limitation, any health-related violations, within a
commercially reasonable time period; (xii) Tenant is generally not paying its debts, as such debts become due,
and fails to remedy such breach within the time specified in Section 9.1(iii); or (xiii) Tenant fails to continuously
operate the Premises. [Further, if the Tenant shall have defaulted in the performance of any (but not necessarily
the same) term or condition of this Lease for three or more times during any twelve month period during the
Term hereof, then such conduct shall, at the election of the Landlord, represent a separate event of default
which cannot be cured by the Tenant. Tenant acknowledges that the purpose of this provision is to prevent
repetitive defaults by the Tenant under the Lease, which work a hardship upon the Landlord, and deprive the
Landlord of the timely performance by the Tenant hereunder.l
9.2 Remedies. ln the event of any default hereunder by Tenant, then without prejudice to any other
rights which it has pursuant to this Lease or at law or in equity, Landlord, through its City Manager, shall have the
following rights and remedies, which are cumulative and not alternative:
(A) Landlord may cancel this Lease by notice to Tenant and retake possession of the
Premises for Landlord's account, or may terminate Tenant's right to possession of the Premises without
terminating this Lease. ln either event, Tenant shall then quit and surrender the Premises to Landlord. lf
Landlord terminates Tenant's right to possession of the Premises without terminating this Lease, Tenant's liability
under all of the provisions of this Lease shall continue notwithstanding any expiration and surrender, or any
re-entry, repossession, or disposition hereunder.
(B) Landlord may enter the Premises as agent of Tenant to take possession of any property
of Tenant on the Premises, to store such property at the expense and risk of Tenant or to sell or othenryise
dispose of such property in such manner as Landlord may see fit without notice to Tenant. Re-entry and removal
may be etfectuated by summary dispossess proceedings, by any suitable action or proceeding, or otherwise.
Landlord shall not be liable in any way in connectlon with its actions pursuant to this section, to the extent that its
actions are in accordance with law.
(C) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, Tenant shall remain liable (in addition to accrued liabilities) to the extent
legally permissible for all Rent and all of the charges Tenant would have been required to pay until the date this
Lease would have expired had such cancellation not occurred. Tenant's liability for Rent shall continue
notwithstanding re-entry or repossession of the Premises by Landlord. ln addition to the foregoing, Tenant shall
pay to Landlord such sums as the court which has jurisdiction thereof may adjudge as reasonable attorneys' fees
with respect to any successful lawsuit or action instituted by Landlord to enforce the provisions of this Lease.
(D) Landlord may relet all or any part of the Premises for all or any part of the unexpired
portion of the Term of this Lease or for any longer period, and may accept any Rent then attainable; grant any
concessions of Rent, and agree to paint or make any special repairs, alterations, and decorations for any new
tenant as it may deem advisable, in its sole and absolute discretion. Landlord shall be under no obligation to
relet or to attempt to relet the Premises, except as expressly set forth below.
(E) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, and Landlord so elects, the Rent hereunder shall be accelerated and
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Tenant shall pay Landlord damages in the amount of any and all sums which would have been due for the
remainder of the Term (reduced to present value using a discount factor equal to the stated prime lending rate
on the date of Tenant's default. Prior to or following payment in full by Tenant of such discounted sum promptly
upon demand, Landlord shall use good faith efforts to relet the Premises. lf Landlord receives consideration as
a result of a reletting of the Premises relating to the same time period for which Tenant has paid accelerated
Rent, such consideration actually received by Landlord, less any and all of Landlord 's reasonable cost of
repairs, alterations, additions, redecorating, and other expenses in connection with such reletting of the
Premises, shall be a credit against such discounted sum, and such discounted sum shall be reduced if not yet
paid by Tenant as called for herein, or if Tenant has paid such discounted sum, such credited amount shall be
repaid to Tenant by Landlord (provided said credit shall not exceed the accelerated amount).
(F) Landlord may remedy or attempt to remedy any default of Tenant under this Lease for the
account of Tenant and to enter upon the Premises for such purposes. No notice of Landlord's intention to
perform such covenants need be given Tenant unless expressly required by this Lease. Landlord shall not be
liable to Tenant for any loss or damage caused by the reasonable acts of Landlord in remedying or attempting to
remedy such default and Tenant shall pay to Landlord all expenses incurred by Landlord in connection with
remedying or attempting to remedy such default. Any expenses incurred by Landlord shall accrue interest from
the date of payment by Landlord until repaid by Tenant at the highest rate permitted by law.
9.3 Costs. Tenant shall pay to Landlord on demand all costs incurred by Landlord, including
attorneys' fees and costs at all tribunal levels, incurred by Landlord in enforcing any of the obligations of Tenant
under this Lease. ln addition, upon any default by Tenant, Tenant shall be also liable to Landlord for the
expenses to which Landlord may be put in re-entering the Premises; repossessing the Premises; painting,
altering, or dividing the Premises; re-configuring the Premises (including, without limitation, subdividing the
Premises) for any new tenant, putting the Premises in proper repair; protecting and preserving the Premises by
placing watchmen and caretakers therein; reletting the Premises (including attorneys'fees and disbursements,
marshall's fees, and brokerage fees, in so doing); and any other expenses reasonably incurred by Landlord.
9.4 Additional Remedies: Waiver. The rights and remedies of Landlord set forth herein shall be in
addition to any other right and remedy now and hereinafter provided by law. All rights and remedies shall be
cumulative and non-exclusive of each other. No delay or omission by Landlord in exercising a right or remedy
shall exhaust or impair the same or constitute a waiver of, or acquiescence to a default.
9.5 Default bv Landlord. ln the event of any default by Landlord, Tenant's exclusive remedy shall be
an action for damages or injunction, but prior to any such action Tenant will give Landlord's City Manager written
notice specifying such default with particularity, and Landlord shall have a period of fifteen (15) days following
the date of such notice in which to cure such default (provided, however, that if such default reasonably requires
more than fifteen (15) days to cure, Landlord shall have a reasonable time to cure such default, provided
Landlord commences to cure within such fifteen (15) day period and thereafter diligently prosecutes such cure to
completion). Notwithstanding any provision of this Lease, Landlord shall not at any time have any personal
tiaOiiity under this Lease, and Landlord's maximum liability shall be as provided for in Section 6.4 of this Lease.
It is eipressly understood that the obligations of Landlord under this Lease are solely corporate obligations, and
that, except for conversion, fraud, or willful misconduct, no personal liability will attach to, or is or shall be
incurred by, the officers, directors, or employees, as such, of the Landlord, or of any successor corporation, or
any of them, under or by reason of the obligations, covenants, or agreements of Landlord contained in this Lease
or implied therefrom; and, except for conversion, fraud, or willful misconduct, that any and all such personal
liabiliiy, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims
against, every such officer, director, or employee, as such, or under or by reason of the obligations, covenants or
alreements iontained in this Lease or implied therefrom are expressly waived and released as a condition of,
and as a consideration for, the execution of this Lease.
9.6. Landlord's Termination for Convenience.
(a) During the initial Term, Landlord shall have the right to terminate this Lease for its convenience,
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solely to the limited extent provided in (i) Section 3.4 of this Lease, in the event the results of the environmental
Phase I report or other site investigations undertaken with respect to the Premises are unsatisfactory to Landlord
or, if environmental remediation is required for the Premises, or (ii) Section 5.1 of this Lease, in the event the
costs for the Landlord lmprovements exceeds the Landlord's Not To Exceed Amount, and sufficient funding (or
project scope reductions) cannot be identified to complete the Landlord lmprovements.
(b)Notwithstanding any other provision of this Article lX, Landlord, by and through the City
Commission, may also terminate this Lease for its convenience during any Renewal Term and without cause,
upon the furnishing of nine (9) months prior written notice to Tenant.
(c) ln the event of termination for convenience by Landlord pursuant to this Section 9.6, Tenant
herein acknowledges and agrees that it shall not have any claim, demand, or cause of action of whatsoever kind
or nature, against the Landlord, its agents, servants and employees (including, but not limited to, claims for any
start-up cosG, interference in business or damages for interruption of services, or interference in its concession
operations) and in no event shall the Landlord be liable to Tenant for any indirect, incidental, special, lost profits
or consequential damages arising from or related to such termination'
9.7. Tenant's Termination for Convenience.
(a) Tenant shall have the right to terminate the Lease for its convenience, at any time prior to issuance
of a building permit to Landlord for the Landlord lmprovements if Tenant determines, at its discretion, that (1) the
regulatory requirements associated with the operation of the Premises render such operations economically
unieasible; (2) as provided in Section 3.4 of this Lease, the results of the environmental Phase I report or other
site investigations undertaken with respect to the Premises are unsatisfactory to Tenant or, if environmental
remediation is required for the Premises; or (3) as provided in Section 5.1, in the event the costs for the Landlord
lmprovements exceeds the Landlord's Not To Exceed Amount, and sufficient funding (or project scope
reductions) cannot be identified to complete the Landlord lmprovements. ln such event, Landlord and Tenant
shall bear their own costs and fees, and neither Tenant nor Landlord shall have or owe any further obligation or
liability to the other with regard to this Lease.
(b) ln the event Tenant otherwise terminates this Lease following Landlord's commencement of the
Landlord lmprovements, Tenant shall reimburse the Landlord, as liquidated damages, an amount equal to:
(i) 100% of the Landlord lmprovements costs specified in Section 5.1(a), if Tenant terminates the
Lease prior to the end of the first year of the Term;
(ii) 66% of the Landlord lmprovements costs specified in Section 5.1(a), if Tenant terminates prior to
the conclusion of the second year of the Term; or
(iii) 33% of the Landlord lmprovements costs specified in Section 5.1(a), if Tenant terminates prior to the
conclusion of the third year of the Term.
ARTICLE X. ESTOPPEL CERTIFICATE: SUBORDINATION.
10.1 Estoppel Certificate. Within ten (10) days after written request by Landlord's City Manager,
Tenant shall deliver in a form supplied by Landlord, an estoppel certificate to Landlord as to the status of this
Lease, including whether this Lease is unmodified and in full force and effect (or, if there have been
modifications, tnit this Lease is in full force and etfect as modified and identifying the modification agreements);
the amount of Base Rent and other Rent then being paid and the dates to which same have been paid; whether
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or not there is any existing or alleged default by either party with respect to which a notice of default has been
served, or any facts exist which, with the passing of time or giving of notice, would constitute a default and, if
there is any such default or facts, specifying the nature and extent thereof; and any other matters pertaining to
this Lease as to which Landlord shall request such certificate. Landlord, and any prospective purchaser, lender,
or ground lessor shall have the right to rely on such certificate.
10.2 Subordination: Attornment. This Lease and all rights of Tenant shall be subject and subordinate
to any and all agreements or security instruments resulting from any financing, refinancing, or collateral financing
(including renewals or extensions thereof), of Landlord's interests in all or any part of the Premises, from time to
time in existence against the Premises, whether now existing or hereafter created. Such subordination shall not
require any further instrument to evidence such subordination. However, on request, Tenant shall further
evidence its agreement to subordinate this Lease and its rights under this Lease to any and all documents and to
all advances made under such documents. The form of such subordination shall be made as reasonably
required by Landlord's City Manager. Tenant shall, if requested by Landlord, automatically attorn to and become
the tenant of Landlord or any subsequent owner, purchaser, or successor-in-interest, of the Premises, without
any change in the terms or other provisions of this Lease; provided, however, that Landlord, said owner,
purchaser, or successor shall not be bound by (a) any payment of Rent for more than one (1) month in advance,
or (b) any security deposit or the like not actually received by Landlord, [such owner, or purchaser, or successor,]
or (c) any amendment or modification in this Lease made without the consent of Landlord, such owner,
purchaser, or successor, or [(d) any construction obligation, free rent, or other concession or monetary
allowance, or (e) any set-off, counterclaim, or the like otherwise available against Landlord, or (f) any act or
omission of any prior landlord (including Landlord).1 Upon request by Landlord, said owner, or purchaser, or
successor, Tenant shall execute and deliver an instrument or instruments confirming its attornment.
Notwithstanding the foregoing, any such subordination of this Lease shall be conditioned on the
Landlord obtaining a nondisturbance agreement in favor of Tenant from any party providing any financing,
refinancing or collateral financing as noted above, and no subordination shall be effective without a
corresponding nondistu rbance agreement.
ARTICLE XI. ALTERATIONS BY LANDLORD.
11.1 Landlord may (but shall not be obligated to) (i)alter, add to, subtract from, construct
improvements on, re-arrange, and construct additional facilities adjoining, or proximate to the Premises; (ii) do
such things on or in the Premises as required to comply with any laws, by-laws, regulations, orders, or directives
of the City Commission or agencies having jurisdiction affecting the Premises; and (iii) do such other things on or
in the Premises as Landlord, in the use of good business judgment determines to be advisable, provided that
notwithstanding anything contained in this Section 11.1, access to the Premises shall be available at all times.
Landlord shall not be in breach of its covenants for quiet enjoyment or liable for any loss, costs, or damages,
whether direct or indirect, incurred by Tenant due to any of the foregoing; provided, Landlord shall exercise its
rights under this section in a commercially reasonable manner so as to minimize any disruption or interference
with the operation of Tenant's business and property.
ARTICLE XII. CONDEMNATION.
12.1 Total or Partial Takino. lf a material portion of the Premises, or such portion thereof as will make
the Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the
power of eminent domain or sold to public authority under threat or in lieu of such taking, the Term shall cease
as of the day possession or title shall be taken by such public authority, whichever is earlier ("Taking Date"),
whereupon the Rent and all other charges shall be paid up to the Taking Date with a proportionate refund by
Landlord of any Rent and all other charges paid for a period subsequent to the Taking Date. lf less than the a
material portion of the Premises, or less than such portion thereof as will make the Premises unusable for the
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purposes leased hereunder, the Term shall cease only as to the part so taken as of the Taking Date, and Tenant
shall pay Rent and other charges up to the Taking Date, with appropriate credit by Landlord (toward the next
installment of Rent due from Tenant) of any Rent or charges paid for a period subsequent to the Taking Date.
Base Rent and other charges payable to Landlord shall be reduced in proportion to the amount of the Premises
taken.
12.2 Award. All compensation awarded or paid upon a total or partial taking of the Premises
including the value of the leasehold estate created hereby shall belong to and be the property of Landlord
without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold
interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from
independently prosecuting any claim directly against the condemning authority in such condemnation proceeding
for damage to, or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to
Tenant and for Tenant's moving expenses; provided, however, that no such claim shall diminish or otherwise
adversely affect Landlord's award or the award of any mortgagee and Tenant may not prosecute any claim for
leasehold value.
ARTICLE XIII. SALE OR USE OF EXPANDED POLYSTYRENE
13.1 Prohibition reoardinq sale or use of expanded oolvstvrene food service articles or plastic straws.
Pursuant to Section 82-7 of the City Code, as may be amended from time to time, effective August 2,2014, the
City has prohibited selling, using, providing food in, or offering the use of expanded polystyrene food service
articles by City contractors or special event permittees in City facilities or on City property. Additionally, pursuant
to Section 82-385 (p) of the City Code, as may be amended from time to time, no polystyrene food service
articles will be allowed in the right-of-way, and no polystyrene food service articles can be provided to sidewalk
caf6 patrons.
(a) Expanded potystyrene is a petroleum byproduct commonly known as Styrofoam. Expanded
polystyrene is more particularly defined as blown polystyrene and expanded and extruded foams that
are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any
number of techniques including, but not limited to, fusion of polymer spheres (expandable bead
foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).
(b) Expanded potystyrene food service articles means plates, bowls, cups, containers, lids, trays,
coolers, ice chests, and all similar articles that consist of expanded polystyrene.
13.2 Tenant agrees not to sell, use, provide food in, or offer the use of expanded polystyrene food service
articles at the Premises or in connection with this Lease. Tenant shall ensure that all Vendors operating in the
Premises abide by the restrictions contained in this section *. A violation of this section shall be deemed a
default under the terms of this Lease. This subsection shall not apply to expanded polystyrene food service
articles used for prepackaged food that have been filled and sealed prior to receipt by the Tenant or its Vendors.
Additionally, Tenant agrees to comply (and ensure compliance by its Vendors) with Section 46-92 (c) of the City
Code, which states that it is unlawful for any person to carry 34y expanded polystyrene product onto any beach
or into any park within the City or for any business to provide plastic straws with the service or delivery of any
beverage to patrons on the beach.
ARTICLE XIV. GENERAL PROVISIONS.
14.1 Delav. Whenever a period of time is herein prescribed for the taking of any action by Landlord
or Tenant, as applicable, Landlord or Tenant, as applicable, shall not be liable or responsible for, and there shall
be excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages
of labor or materials, war, or governmental laws, regulations, or restrictions in the nature of a prohibition or
moratorium, or any bona fide delay beyond the reasonable control of Landlord or Tenant, as applicable. The
foregoing shall not apply to any payments of money due under this Lease, unless foregoing events have a
32
69
materially adverse effect on the ability to transact and/or transfer monies.
14.2 Holdinq Over. lf Tenant remains in possession of the Premises after the end of the Term without
having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal
of this Lease or the Term, and Tenant shall be deemed to be occupying the Premises as a Tenant from month to
month at a monthly Rent payable in advance on the first day of each month equal to twice the monthly amount of
Rent payable during the last month of the Term, and otherwise upon the same terms as are set forth in this
Lease, so far as they are applicable to a monthly tenancy.
14.3 Waiver: Partial lnvaliditv. lf Landlord excuses or condones any default by Tenant of any
obligation under this Lease, this shall not be a waiver of such obligation in respect of any continuing or
subiequent default and no such waiver shall be implied. All of the provisions of this Lease are to be construed
as covenants even though not expressed as such. lf any provision of this Lease is held or rendered illegal or
unenforceable it shall be considered separate and severable from this Lease and the remaining provisions of
this Lease shall remain in force and bind the parties as though the illegal or unenforceable provision had never
been included in this Lease.
14.4 Recordinq. Neither Tenant nor anyone claiming under Tenant shall record this Lease or any
memorandum hereof in any public records without the prior written consent of Landlord.
14.5 Notices. Any notice, consent, or other instrument required or permitted to be given under this
Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, or
overnight express mail courier, postage prepaid, addressed (i) if to Landlord, at the address: set forth in the
Lease-Summary; and (ii) if to Tenant, at the Premises or, prior to Tenant's occupancy of the Premises, at the
address set forth on the Lease Summary. Any such notice or other instruments shall be deemed to have been
given and received on the day upon which personal delivery is made or, if mailed, then forty-eight (48) hours
fottowing the date of mailing. Either party may give notice to the other of any change of address and after the
giving oi such notice, the address therein specified is deemed to be the address of such party for the giving of
notices. lf postal service is interrupted or substantially delayed, all notices or other instruments shall be
delivered in person or by overnight express mail courier.
14.6 Successors: Joint and Several Liabilitv. The rights and liabilities created by this Lease extend to
and bind the successors and assigns of Landlord and the heirs, executors, administrators, and permitted
successors and assigns of Tenant. No rights, however, shall inure to the benefit of any transferee unless such
Transfer complies with the provisions of Article Vlll. lf there is at any time more than one Tenant or more than
one person constituting Tenant, their covenants shall be considered to be joint and several and shall apply to
each and every one of them.
14.7 Captions and Section Numbers. The captions, section numbers, article numbers, and table of
contents appearing in this Lease are inserted only as a matter of convenience and in no way affect the
substance of this Lease.
14.8 Extended Meaninqs. The words "hereof," "hereto," "hereunder," and similar expressions used in
this Lease relate to the whole of this Lease and not only to the provisions in which such expressions appear.
This Lease shall be read with all changes in number and gender as may be appropriate or required by the
context. Any reference to Tenant includes, when the context allows, the employees, agents, invitees, and
licensees of Tenant and all others over whom Tenant might reasonably be expected to exercise control. This
Lease has been fully reviewed and negotiated by each party and their counsel and shall not be more strictly
construed against either PartY.
14.g Entire Aoreement: Governino Law: Time. This Lease and the Exhibits and Riders, if any,
attached hereto are incorporated herein and set forth the entire agreement between Landlord and Tenant
concerning the premises and there are no other agreements or understandings between them. This Lease and
JJ
70
its Exhibits and Riders may not be modified except by agreement in writing executed by Landlord and Tenant.
This Lease shall be construed in accordance with and governed by the laws of the State of Florida. Time is of
the essence of this Lease.
1410 No Partnership. The parties hereby acknowledge that it is not their intention under this Lease to
create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership, or
agency relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this
Lease, whether based on the calculation of rental or othenrise, shall be construed or deemed to create, or to
express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or
agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this section
shall survive expiration of the Term.
14.11 Quiet Eniovment. lf Tenant pays Rent and other charges and fully observes and performs all of
its obligations under this Lease, Tenant shall be entitled to peaceful and quiet enjoyment of the Premises for the
Term without interruption or interference by Landlord or any person claiming through Landlord.
14.12 Brokeraqe. Landlord and Tenant each represent and warrant one to the other that neither of
them has employed any broker in connection with the negotiations of the terms of this Lease or the execution
thereof. Tenant hereby agrees to indemnify and to hold harmless Landlord against any loss, expense, or liability
with respect to any claims for commissions or brokerage fees arising from or out of any breach of the foregoing
representation and warrantY.
14.13 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to be provided with
respect to the contract for sale and purchase of any building, or a rental agreement for any building:
"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county public health unit."
14.14 lnspection and Audit. Tenant shall maintain its financial records pertaining to its operation
pursuant to this t-ease, anO records with respect to the community programming required pursuant to Section
!.tt to1- a period of three (3) years after the conclusion of the Term, and such records shall be open and
available to the City Manager or his designee, as deemed necessary by the City Manager or his designee, upon
ten (10) business days' written notice from the City Manager or his designee that the City desires to review said
records. Tenant shall maintain its records relating to the operation of the Premises within Miami-Dade County,
Florida.
14.15 Execution. This Lease has been submitted for discussion purposes only and shall not be
deemed an offer by either party to the other to enter into this Lease unless and until this Lease shall have been
executed by both parties, indicating their acceptance of the terms and conditions contained herein.
14.16 WAIVER OF TRIAL BY JURY. LANDLORD AND TENANT HEREBY KNOWINGLY AND
INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE
CITY AND TENANT MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY
MATTER ARISING OUT OF OR RELATED TO THIS LEASE AGREEMENT.
14.17 Reference to "Approvals" or "Consent." etc. Except when expressly provided otherwise, all
references in this Lease to the terms "approval," "consent," and words of similar import shall mean "reasonable
written approval" or "reasonable written consent."
14.18 Citv's Governmental Caoacitv. ln all respects hereunder, City's obligations and its performance
as the Landlord unOer tfris Lease is pursuant to its position as the owner of the Premises acting in its proprietary
capacity. ln the event City exercises its regulatory authority as a governmental body, the exercise of such
34
71
regulatory authority and the enforcement of any rules, regulations, laws and ordinances (including through the
exercise of the City's building, fire, code enforcement, police department or otherwise) shall be deemed to have
occurred pursuant to City's regulatory authority as a governmental body and shall not be attributable in any
manner to City as a party to this Lease or in any way be deemed in conflict with, or a default under, the City's
obligations hereunder, or to othenruise restrict or limit the City in the exercise of its regulatory, police or other
governmental powers.
14.19. Citv Manaqer's Deleqated Authoritv. Notwithstanding any provision to the contrary in this Lease,
nothing herein shall preclude the City Manager from seeking direction from or electing to have the City
Commlssion determine any matter arising out of or related to this Lease, including, without limitation, any
approval contemplated under this Lease, any proposed amendment or modification to this Lease, or any
separate agreement relating to the Premises or otherwise referenced in this Lease.
14.20. Nondiscrimination. Tenant shall not discriminate against any employee, applicant for
employment, Vendor, or invitee because of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height,
weight, domestic partner status, labor organization membership, familial situation, or political affiliation. Further,
Ten?nt shalt comply with the City of Miami Beach Human Rights Ordinance, set forth in Chapter 62 of the City
Code, as may be amended from time to time, prohibiting discrimination in employment, housing, public
accommodations, and public services on account of actual or perceived race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height,
weight, domestic partner status, labor organization membership, familial situation, or political affiliation.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
EXECUTED as of the day and year first above written.
WITNESSES:LANDLORD:
City of Miami Beach
Name:
Title:
TENANT:
NORTH BEACH YARD LLC
Name:
Title:
By:
By:
EXHIBITS:
35
72
Exhibit "A": Legal Description and Survey of Premises
Exhibit "B": Tenant's Site Plan
Exhibit "C": Landlord lmprovements
Exhibit "D" Tenant's Work
Exhibit "E": Rules and Regulations
Exhibit "F": Construction Escrow Agreement
Exhibit "G" Cleanliness Standards
Exhibit "H" Penalties in Lieu of Default
EXHIBIT'4"
Legal Description and Survey of Premises
36
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75
EXHIBIT ''B''
Tenant's Site Plan for Premises and Location of
Operations/Establishments within the Premises
[Pending City Commission determination as to Log Cabin site; site plan to be included in final agreement]
76
EXHIBIT ''C''
Landlord lmprovements
[See Attachment 5 to Commission Memorandum. Subject to final negotiation/appropriation].
77
EXHIBIT "D'
Tenant's Work
[Summary of Tenant's Work to be finalized as part of final negotiations]
78
EXHIBIT ''E"
Rules and Requlations
1. Securitv. Landlord may from time to time adopt appropriate systems and procedures for the
security or safety of the Premises, any persons occupying, using, or entering the same, or any equipment,
furnishings, or contents thereof, and Tenant shall comply with Landlord's reasonable requirements relative
thereto.
2. Return of Kevs. At the end of the Term, Tenant shall promptly return to Landlord all keys for the
premises which are in the possession of Tenant. ln the event any Tenant fails to return keys, Landlord may
retain $100.00 of Tenant's security deposit for locksmith work and administration.
3. Reoair, Maintenance, Alterations. and lmprovements. Tenant shall carry out Tenant's repair,
maintenance, alterations, and improvements in the Premises only during times agreed to in advance by
Landlord.
4. Water Fixtures. Tenant shall not use water fixtures for any purpose for which they are not
intended, nor shall water be wasted by tampering with such fixtures. Any cost or damage resulting from such
misuse by Tenant shall be paid for by Tenant.
5. Personal Use of Premises. The Premises shall not be used or permitted to be used for
residential, lodging or sleeping purposes or for the storage of personal effects or property not required for
business purposes.
6. lBicvcles. Animals. Tenant shall not bring any animals or birds into the Premises, and shall not
permit bicycles or other vehicles inside or on the sidewalks outside the Premises except in areas designated
from time to time by Landlord for such purposesl [Parties to discuss/confirm with Planning].
7. Deliveries. Tenant shall ensure that deliveries of supplies, fixtures, equipment, furnishings,
wares, and merchandise to the Premises are made through such entrances, corridors and at such times as may
from time to time be designated by Landlord, and shall promptly pay or cause to be paid to Landlord the cost of
repairing any damage in the Premises, caused by any person making improper deliveries.
8. Solicitations. Landlord reserves the right to restrict or prohibit canvassing, soliciting, or peddling
in the Premises.
g. Refuse. Tenant shall place all refuse in proper receptacles provided by Tenant at its expense in
the premises or in receptacles (if any) provided by Landlord for the Premises, and shall keep sidewalks and
driveways outside the Premises, and lobbies, corridors, stairwells, ducts, and shafts of the Premises, free of all
refuse.
10. Obstructions. Tenant shall not obstruct or place anything in or on the sidewalks or driveways
outside the Premises or in the lobbies, corridors, stairwells, or other common areas, or use such locations for any
purpose except access to and exit from the Premises without Landlord's prior written consent. Landlord may
remove at Tenant's expense any such obstruction or thing caused or placed by Tenant (and unauthorized by
Landlord) without notice or obligation to Tenant.
11. Prooer Conduct. Tenant shall not conduct itself in any manner which is inconsistent with the
character of the premises as a first quality entertainment pavilion or which will impair the comfort and
convenience of other patrons in the Premises.
79
12. Emplovees, Aqents, and lnvitees. ln these Rules and Regulations, "Tenant" includes
employees, agents, invitees, and licensees of Tenant and others permitted by Tenant to use or occupy
Premises.
13. Pest Control. ln order to maintain satisfactory and uniform pest control throughout the Facility,
Tenant shall engage for the Premises and at its sole cost, a qualified pest extermination contractor either
designated or approved by Landlord, who shall perform pest control and extermination services in the Premises
at such intervals as reasonably required or as may be directed by Landlord.
14. Tenant shall be responsible for cleaning the floor surface on which the outdoor seating is located
at the close of each business day. ln addition, the following conditions shall apply:
a. Tables, chairs, umbrellas and any other outdoor cafe furniture shall be maintained in a clean,
attractive, and orderly appearance, and shall be maintained and kept in good repair at all times;
b. All outdoor furniture shall be of high quality, design, materials, and workmanship so as to ensure the
safety and convenience of the public;
c. Only the outdoor furniture specifically shown on the approved site plan shall be allowed on the
Premises;
d. All tables, chairs, umbrellas, and any other outdoor furniture shall be readily removable, and shall not
be physically attached, chained, or in any other manner affixed to any public structure, street
furniture, signage, and/or other public fixture, or to a curb and/or public right-of-way;
e. The stacking or piling up of chairs shall be prohibited on the Premises;
f. No storage of dishes, silvenivare or other similar restaurant equipment shall be allowed on any public
right-of-way, or outside the structural confines of the Premises,
g. No food displays shall be permitted on the Premises;
h. Plants shall be properly maintained. Distressed plants shall be promptly replaced. Plant fertilizers
which contain materialthat can stain the sidewalks shall not be allowed;
i. Upon written or verbal notification by the City Manager or his designee of a hurricane or other major
weather event, or the issuance of a hurricane warning by Miami-Dade County, whichever occurs
first, the Tenant shall, within no more than four hours of same, remove and place indoors all tables,
chairs and any other outdoor furniture located on the Premises. The notification by the City Manager
of a hurricane or other major weather event, or the issuance of a hurricane warning, shall constitute
a public emergency situation as referenced in this division. The City Manager may remove, relocate,
and/or store any outdoor furniture found on the Premises that has otherwise not been removed by
the Tenant pursuant to this subsection. Any and all costs incurred by the City for removal, relocation
and/or storage of Tenant's furniture shall be the responsibility of the Tenant. [Administration to
reviewl
the
the
80
EXHIBIT'F"
Construction Escrow Ag reement
81
EXHIBIT ''G"
Cleanliness Standards
lro BE TNCLUDED AS PART OF FINAL NEGOTIATIONSI
82
Exhibit "H"
Penalties in Lieu of Default
Failure to properly remove debris, litter or garbage, or othenryise satisfy the Cleanliness Standards: $- per
violation;
Failure to comply with any alcoholic beverage law, food service or handling requirement: $- per violation;
Failure to comply with Landlord's expanded polystyrene prohibition: $- per violation;
Failure to promptly correct or resolve any code violation or notice of violation issued by any agency having
jurisdiction over the Premises, the Tenant, or any Vendor or operator on the Premises: $- per violation;
Failure to maintain any copyright license as required under the Lease: $- per violation;
Failure to comply with Landlord's signage requirements: $- per violation;
Failure to properly store or maintain hazardous materials: $- per violation;
Failure to provide any Miami-Beach based business with priority status as a Vendor: $- per violation;
Failure to adhere to Rules and Regulations set forth in Exhibit E: $- per violation;
Failure to report any matter to Landlord as required under Lease: $- per violation
[As part of final negotations, City Administration to specify additional items and confirm amounts ]
83
EqUIY PRIVATEIY
INVESTMENT / FUNDED
DEBTFINANCING (OPERATORS)NORTH BEA.EH YARD CAPITAL BUDGET
GRAOING, CLEARING, DEBRIS REMOVAL
PERIMETER LANDSCAPING & FENCING
INTERIOR LANDSCAPING & MOSQUITO MITIGATION
GROUND SURFACE; GRASS, ASTRO TURF, STONES, PAVERS, ETC
ELECrRICAL [1,200 linear feet of trenches]
tIGHTING [at entrancet exits, and geneEl lighting]
PLUMBING [1,200 linear feetl
GREASE TRAP Sarge enough for all trucks, 2 restaurants, etcl
ctAssRooM / BATHROOM RENOVATTONS
TRASH ROOM AND ENCLOSURE
ROOF TOP ACCESS lexterior staiE, elevator]
ROOF TOP [wood deckin& parapet railing, canopy cover]
ENTRANCE GATES
LOG CABIN RENOVATION [removal]
wr Fr / Low VoLTAGE CABUNG
cAMERAS / SECURTTY
GARDEN INSTALI.ATION
ALTEE
GARDEN PLANTING
SOUND SYSIEM
STAGE & TIGHTING
TENTS / COVERtN65
PAVILUONS / KOSKS
MARKET CONTAINERS
SHAREO BOH IN EXISTING BUILDING
CHARCOAL CONTAIN€RS; DINNING CONSERVATORY, PORCH, BAR
DTK CONTAINERS; 30'X8' KITCHEN + 30'X16' OPEN AIR PAVILLION
FURNITURE, SEATING, CABANAS
BAR; STRUCTURE, REFRIGERATION, BACK BAR, ETC
BAR; OPENING INVENTORY
PRE-OPENING PR, MARKETING, OPENING EVENTS
MEP PTANNING
DESIGN FEES, ARCHITECIURAL TTBD]
PREOPENING MANAGEM ENT LABOR
LIFE GUARD STANDS
SIGNAGE
CONTING€NCY
TOTAT
CITY OF MIAMI
SEACH
)
s
s
s
s
s
)
s
s
s
s
s
s
5
25,000.00
/lt},000.0O
50,000.00
75,000.@
60 000.00
40,000.00
75,000.00
40,000.00
70,000.@
20,000.00
60,000.00
60,000.00
30.000.00
750,fi'O.00 ffi s
25.2L% 10.76%
25,000.00
15,000.00
40,0@.@
20,000.00
20,0@-00
50,000.00
50,000.00
40,000.00
45,000.00
450,000.00
s 4s0,00o-0o
S 3oo,ooo.oo
60,000_00
75,O00_00
25,000.00
s0,000.00
20,0@.00
40,000.00
60,000:00
20,000.00
50,000.00
1,155,0@.00 5 7sO(xrO.oO
38.82% 25.21o/o
50,000.00
5,000.00
50,000.00
s
s
s
s
s
5
$
s
)
s
s
s
)
5
s
s
s
s
s
s
2,97s,(m.OO
84
NORTH BEACH YARD lr-rl
FOOD TRUCK VENDORS
THE BAR @ NBY
MORNING GTORY
DELLA BOWLS
CHARCOAL
MARKETVENDORS [8'X10]
RETATL KTOSKS [8'X12']
RETAIL VENDORS
MARKET VENDORS [12'X16]
FITNESS CONTAINER
CABANA RENTALS
SMALI EVENT RENTALS
SU8 TOTAL/ RENT REVENUE EASE
suB ToTAt / SASE RENT
FESTIVAL INCOME
OCCUPANCY RATE
OR FREQUENCY
s4,000 90.00% $
s8,000 100.00% s
s4,000 100.007o s
s4,000 100.00% s
s5,000 ]oo.oe/o s
s1,800 8s.00% s
s3,s00 90.o0yo s
s3,s00 go.owo s
54000 90.00% S
s2,000 1o0.w. s
s2s0 12 5
ss00 ls s
s
5.OO% OF RENTAL INCOME
7.OO7O OF RENTAL INCOME
36,000 s 432,0@
8,000 s 96,000
4,000 s 48,000
4,000 s 48,0@
5,000 s 60,000
r2,24O I !.46,880
9,450 s 113,400
9,450 5 113,400
7,200 s 86,400
2,000 s 24,000
9,000 s 108,000
zroo .l----,..i,3:Y-
113,840 s 1.366,080
1.00
50,000
MONTIII.Y
10
I
I
L
2
1
3
I
1
I
3
3
105.00v.
110.00/o
105.0070
105.00ryo
105.@/o
105.00ryo
to4.wo
ta4.wo
LO4.Wo
LOL.W.
L0/..Wo
L0/..W.
s
s
3,500
TOTAT 3.501
NOTES
1. THE TEST KITCHEN / KITCHEN CI-ASSROOM IS NOT FIGURED IN THESE CALCUI.ATIONS BECAUSE THE PURPOSE OF THAT UNIT 15 TO TEACH COOKING CIASSES - IT I:
2. THE ROOF-TOP PAVILTION IS NOT FIGURED INTO THESE CALCULATIONS SINCE (A), IT IS UNKNOWN IF THE PAVILLION IS FEASIBLE AND (B}, IF IT DOES GET BUILT, /
3. THE FITNESS CENTER RENT ESTIMATE HAS BEEN LOWERED, AS THE ORIGINAL NUMEER (S4K) WAS PROBABLY EXCESSIVE. IF, AFTER THE FIRST YEAR, IT CAN BE E:
85
F
REVENUES
YFAR 5
[:,'" I
REVENUES
YEAR 4
T"'_l
REVENUES
YEAR 3
m
REVENUES
YEAR 2
s
s
s
s
5
s
s
s
s
s
)
5
453,600
105,600
50,4@
50,400
63,000
154,224
Itl,936
7t7,936
89,856
24,240
r12,320
93.600
105.007. s
110.007" s
10s.0o7o s
los.oovo s
105.007" s
10s.007" s
104.@% s
1o4.oo% S
104.00% s
101.00% s
1o4.oo% 5
1o4.ooyo S
476,280
116,160
52,920
52,920
66,150
151,935
122,653
122,653
93,450
24,44?
115,813
973M
10s.@7. s
110.0070 s
105.007. s
1os.oo% 5
10s.00% 5
los.oo% S
1o4.oo% S
104.00% 5
104.007. s
101.0070 s
104.0el" s
1o4.oov" S
500,094
127,776
55,566
55,555
69,458
L70,O3Z
127,560
727,560
97,188
24,727
t27,485
101,238
L42.00P/o 5
1os.ooy. S
10s.00% s
10s.00v. s
105.0ool. S
1o5.oo% S
tc/.w, s
104.00v" s
104.00% s
101.007. s
104.00./" s
Lo4.w" 5
510,095
134,t65
58,344
58,344
72,930
178,534
132,662
132,662
101,076
24,974
126,345
705.287
1,433,L72 t,503,762 7,578,249 1,635,419
)
s
s
s
s
s
s
s
71,656
100.000
75,t88
150,0@
-18,912
150.000
8L,777
150,0@
7,000 10,500
78,656 85,688
S NOT PROGRAMMED AS A TYPICAL COMM€RCIAL ARM OF THE COMPTEX
\ DIFFERENT RATE WILL NEED TO BE CONSIDERED.
;TABLISHED THAT THE FITNESS CENTER CAN PAY MORE, WE WILL INCREASE THE RENT.
10,500 10,500
49,4L2
86
fooo nucxs
BAR
2&HOUR CAal
DEUmW6
CHARCOAI
n€wxu6
S 8,mo,mo
5 2,sm,mo
s 1.250,m0
s l,sm,m
s 2,250,m
AP€ilSES
94.00% s
80.M 5
92.ffi S
94.ffi 5
89.ffi s
?ROTIT
7,s20,m0 5 4ao,0o0 5.m%
2,Om,m s 500,m0 20.0096
1.150,@ s 100,@ 8.m%
1,410,000 s 90,0m 5.ffi
2,002,5m S 247,5m l1.ffi
5 1s,Sm.mo
s 77.500.m
..g e.1s* oNEYEAR
s 7,087,Sm 9.15% FlvE YEARS
87
NORTH BEACH YARD / TNFRASTRUCTURE NEEDS
1, GRADING, CLEARING, DEBRIS REMOVAL I SOO.OO
NBYexpectstheCMBtoclearandpreparetheproperty-atthecity'scost-priortoNBYtakingpossession. Thisshallinclude;removingallstructures
other than the classroom, clearing all concrete and other pavers from the property, removing all fences (other than the perimeter fence), tents and
otheritems. ThesitepreparationisconsideredoutsideoftheCMBexpenditurefortheNBY.
2. PERTMETER LANDSCAPTNG & FENCTNG I s40,000.00
There are certain, basic landscaping costs the NBY wants the CMB to manage; including; relocating small trees on site, adding new trees (moved
from other City-owned property), adding hedges along the perimeter, and irrigation system for watering, etc. The existing fence has been found to
be more than suitable - however, the fence may need some gates and / or other enclosures fabricated for practical purposes (trash area, truck in /
out, etc). NBY would like the CMB to pay for these alterations to the existing perimeter fence. The NBY will sub-contract directly for the edible
organic garden, including containers, irrigation system, plants and regular upkeep.
3. |NTER|OR LANDSCAPTNG & MOSQUTTO M|T|GATION I s50,000.00
To mitigate mosquitos, and more importantly Zika, NBY would request that CMB install a similar system to what has been installed at The Wynwood
Yard, MosquitoNix. The system sprays a fine mist of an all-natural repellent on an automated clock as well as having a remote control for manual
spray activation. The company is one of the leaders in the field and is effective. In addition, NBY desires the CMB to assist in planting and maintaining
interior landscaping (other than the edible garden).
4. GROUND SURFACE; GRASS, ASTRO TURF, STONES, PAVERS, ETC I s85,000.00
N BY asks that the CM B install all ground surfaces in the N BY, including; concrete pads under the food trucks and along the path in front of the trucks,
all tumbled-cobbles for the main walk-ways throughout the site, all astro-turf in the stage / audience area, wooden or faux wood decks between
some of the containers, crushed limestone-sand-mix in other areas.
5. ELECTRICAL [overhead installation] | 575,000.00
Based on the charrette at DPZ, it is thought that by implementing an overhead grid of electrical wires, we can save a reasonable amount of money
andhaveinfinitelymoreflexibilityasitrelatestotyingintobuildings/trucks/containers. Weestimatetoneedaboutl,000 linerfeetofwires,not
counting the connections to each unit. The existing classroom building is already connected electrically, the potential need for some electrical
upgrade is possible, but we will not know the extent ofthat until the engineers report is produced.
6. tlGHTlNG, SPEAKERS, [overhead installationl I 540,000.00
Like the electrical grid detailed above, we envision an overhead grid (same poles, lower wires) to distribute low voltage lighting strands, as well as
speakers for sound. An additional 1,000 - 2,000 feet of wiring is required.
7. PLUMBTNG I s75,000.00
There are 2 main plumbing areas on this project; first is the existing classroom building; we propose to expand toilet capacity to accommodate public
restrooms for the entire Yard, this upgrade will consist of half the building (appx) being converted for this use, resulting in about 24 toilets, plus
urinals, and hand washing stations. DPZ has preliminary drawings for the proposed revision. Also in this structure, a catering pantry will be needed
- and this will require hand washing, pot and pan washing (3-comp sink), machine dishwashing, prep sinks, etc.
The second plumbing need is to tie in all food trucks, the three restaurants, the test kitchen as well as some minor needs for the market vendors
(hand sinks only).. The food truck plumbing lines will be installed in a 'trough' with stub ups in regular intervals. This trough will run under the food
trucks and allow for multiple positioning by stubbing up in more locations than actual trucks - this allows for varying lengths of trucks / trailers I
containers. Trough length; about 150 feet. Stub ups; about 15. The additional needs are to connect (water and sewer) the additional 'wet' units;
24-hout caf6, Della Bowls, Charcoal, Test kitchen and hand sinks in all market stalls (+/- l2l, etc. This is about 500 linear feet.
88
8. GREASETRAP I s40,000.00
The Wynwood Yard currently uses a Schier G8250 grease interceptor. This is an in-ground unit. Based on the capacity we are currently processing
in Wynwood, and based on MY back of envelope calculations (engineer report forthcoming), we would expect to more than double the capacity to
a Schler GGI-750 gallon unit.
9. CTASSROOM / BATHROOM RENOVATTONS I s70,000.00
Plumbing for bathrooms are discussed in the plumbing section. The cost, estimated above, is for partiions, tile, fixtures, lighting, etc. ln addition,
this includes similar cost for catering pantry, which needs: tile floor, tile walls, washable ceiling, plumbing (already discussed), electrical upgrades,
lighting (about 600 feet of space), PLUS the remainder of the space is to be used for offices and some storage.
10. TRASH AREA I s20,000.00
NBY will schedule 7-day per week trash removal. lf the large composting container is acquired, the trash removal will be significantly reduced. ln
either case, a dedicated area will need to be constructed on the northwest corner of the site. This area will need to have space for dumpsters,
recycling bins and the composter.
11. ROOF TOP PAVIL|ON I s120,000.00
The rooftop pavilion is based on three phases; (1) canvas cover and infrastructure, (2), wood or faux wood decking and potential support, if required,
and (3) the external mounted staircase and elevator.
(1) ThecanvascoverwillbequotedfromEventstar,thepremiertentingcompany. However,weexpectthatquotationtobewayoverbudget,
therefore we are gathering information to build a simpler - albeit a similar - structure from steel columns mounted in concrete footers,
plus a typical pole-type frame with stretched canvas top, tied with string that can be cut to remove the top under high winds.
(2) Thedeckingneedstocovertheentirerooftoallowforpublicwalking. Aninspectionwill berequiredbyourengineertodetermineifany
additional supporting will be required to installthe decking.
(3) External metal staircase (self-supporting) needs to be installed to allow for public egress from the ground level to the rooftop pavilion. ln
addition, an externally located (northeast area). self-supporting elevator needs to be installed to allow for alternative egress to the rooftop
pavilion, as well as an additional stop on a mezzanine level for access to the Pilates studio.
12. GATES, FENCES, ETC. I s30,000.00
The perimeter fence is well made and desirable, however there are several sections that will need to be adjusted; main entrance, delivery gates,
sliding alley gates, etc. The green skirting
13. SHARED BOH I Ss0,00.00
Separate from the plumbing and partition work needed for the classroom, a working pantry needs to be outfitted in the same space. ltems include;
ice machines, refrigeration, sinks, floor troughs, work tables, cabinets, etc.
14. UFE GUARD STANDS I Ss,000.00
NBYwouldliketoinstall 2Miami Beachlifeguardstands,touseas(a) aDJbooth,and(b) alightandsoundboothforthestage. lnbothcaes,these
structures will not be permitted to the general public.
15. CONTTNGENCY I Ss0,000.00
89
&rmsmyrurpilrr r lltumilirsrD lfromthefrantfu*e/ I ,oxurn*r'(ox I - Lo*W{lorrl -
MIAMIBTACH
C]TY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
JULY 26, 2OI7
NOTICE lS HEREBY qiven lhat lhe lollorinq Public l-letrinqe wll be hekl tl} thc Mrys fld Citi/
CffilsslooeE olihe Clty olMlani Eeach, Ftodds. ln the Comrlsslon Chmber ThlrdFtos. Cily Hall,
170O Convonton Contor Driyo. Mitri Boach, Flortsa on July 26, 2017, at tho tims lht.d, cr as sfl
thoro{t6 6tho maner Gn tr€ hsrdr
2i3O p.m.
A RESOLUTION OF THE &IAYOR AND CITY COiIIMISSION OF THE CITY OF },IIAMI BEACI{,
FLOBIDA, FOLLOMNG A DULY ADVEBTISED PUBUC HEABIHG. ACCEPIIHG THE WBITTE}I
FIECOMMENDAilON OF THE C|IY MANAGEB (AS SET FOFTTH rN IHt CrrY @[rMrSSrO]t
ME},{OHANDUM AGCOMPANYTNG IH|S FESO[UT|OI.I}. AND WAIMNG. By s/7tH VOII . tH}
COMPETTN./E BIDDING REQUIREITENT, FINDNG SUCH WAIVEB IO BE I}' IHE BEST ITIIEBEST
OF THE CITY; APPRoVING, lN SIJBSIANIIAL FOfiM, IHE TEASE AGREEMEHI ATTACI]ED To
IHIS FESOI,UIICJI,{ {iLEASE"}, BEI\YEEH IHF CITY AND NORIH BE.ACH YARD, I.LO IENANTI
II'[VOLVINGTHE USE OF THE CITYCA,INED PffOPEETY, LOCAIED AT 81O{FB14O OOLLINS AVENUE,
MtAMt Bt A()l, FLOR|DA, Wt',rH t HE LEASLD pH tJtSLS COltStS I hlc Ot Up TO 52.500 SOULIIE
FEEI, FOR US6AS A FOOD, BEVERAGE AND EHIERTAJNMEI{T PAVIUON, INCLUDING FITAIL AND
oTHEB VENDORS, AND FOB CIILTURAUCOMMUNITY PfloGBAtilNllNG AND EiIIEFTAINI,IENT
oFFEBlNqs; pPOVIDING FOR CfTY To DESIGN ANo CoNSTRUCT CEBIAIN LANOLOFD
IMPBOVEMETTTS IDENTIFIED IN THE LEASE flHE .I.ANDLOBD RUPROVEMENTS,J: PBOVIDNG
Afl tNnlAl TEBril oF FtvE (5) YEAFS, COMMENCTNG FCLLOWTNG THE CITYS COMpLErrcn
oF THE LANDLORD IMPROVEMEI.ITS, IVITH TWO (2) REIIEWAL IEBMS OF TWO (2) YEABS
EACIi. TO BE EXERCISED UPON MUTUAL AGnEEMET.II OF CIIY AND TENr\NT; PROVIDING FOA
THE LEASE TO BE SUBJECT TO AND CONTINGENT UPON {1} AI.I APPBOPRIATION OF FUNf,'NG
FOR THE LANDLOffD IMPBO\EIilENTS; (2) ANY AMENDMENTS, AS MAY BE BEQUIRED TO
THE CITY OF MA!.ll BEACH q)DE OF OBDNTNCES, THE ffrYs LAIID DEVELoPiTIENT
REGULATIONS AND COMPBEHENSIVE PiAl.I, AND (3) ANY FINAL HON-APFEAT}ALE APPROVALS
FBOM THEAPPLICABLE CfTY LANDUSE BOAFD€: AND FUBTtIER AUttlORAI NG THE MAYOR AND
CTTY CLERK TO EreflITETHE FII\lAL NEGOTIATED LEASE UPo|{ COiICLUSIO}I OF SUCCEEAFUL
IIEGOTIATIONS EY THE ADI,IINISTRATION, SUEJECT TO REVIEW AIIO FORM APPSOVAL BY
THE CITY ATTORNEy. fris Eeso/utjon /s belng heald puwaht b S6dlc, 5166.0r, F.S. lhqulil1s na!
bo olrectad to tha Todffi. Cultr| & Eftnomlc Dav6lopnert Dq e,monl et 3A6.67X.7677.
2:35 p-m.
A BESOLUTION OF THE MAYOE AND CITY COMMISSIOT.I OF THE qTY OF MIAMI BEACH,
FLOBIDA, FOLLOMNG A DULY NT,TICED PUPUC HEABING, AND APPBOVING, IN SUESTANTAT
FOFM. TIIE LEASE AGREEMEM AND COI.ICESSION AGHEEI.TENT (AGREEMEIITS) ATTACHED TO
THIS RESOLLITIOI{. BEruEEI,I THE CI'IY AND TASTE P.AKERY CAFE, LLC ("TENAT'II"), II.IV()LVING
TI{E USE OF APPRfXIMATELY 734 SOUAHE FEET OF CITY-OWiIED GFIOUND FLOOR BETAIL
SPACE" LOCATED AT 773 17IH STBEET, IFICITIDITIG AN AD.'OIIIIHG OUTIX)OR SEATING AREA,
HAVING APT,II(]XIMAIELY sui SCIUABE FEEI, FOH USE AS A ()\FEI SAID AGREEMEI,IIs HAVING
Al-LNttI,ALTERI!! OF IHBEE {31 YEABS, CO[lltlEt{Cl}tG ON SEPTEhTBER 1, 2o-.7, WTH IWo (2}
ONFYEAR REI.IEWIL Ofilolts. AT THE CITY I,,IANAGEP'S SOLE DISCFIEIIoN: At!D PFOvlDlNc,
Iil NATERIAL PAFIT, THAT TENANT WILL PBOMCE CTTY EMPLOYEES HEALTTf/ FOOD C*]OIC€S
AT A FOBTY PERCEMI {486'i D{S€OUNT. WITH IHE CITY FEII!,IzuRSIIIG fASIE EAKERY FOA
EI,IPLOYEE DISCOUNI$,lN AN AhlOUMf ilOI TO E}CCEED S2m.mO PER OONftACT YEAB; AND
FUETHEH AIITHORIZING THE IIAYOR AND CIIY CI-ERK TO E,GCLITE THE FII.JAL NEGOTIAIED
AGFEEMENIS. STJBJECT TO BEVIEIV AND FOBI,I APPROVAL BY THE CITY ATTOBNEY.
Tr,rs E6olulbi ls bethg l&ad putyant lo Socfon gt66,o?t F.S. lrqulfiq hey Le dlrade4 ta thr
Tou,4sri Cutur€ & E'tr nafrtc t)ovelo.pmont Dspainelt at 301.6?3-7i7? or the Pncuremen! DepaftmBrt
at 305.673.7494.
INIERESTED PABTIEg aro Invted to appoar d lhle reothg, or be reprusontod by m a{6nt, or to
axpEsa fiqir!,iew$ in wrlthq adcb6s6dto tho City Cffirdslon, c/olh6 City Cl€rk. 1?00 Cwornltr
Conlw Drlw, 1, Floor, CJty tlall. Miffii Boeh, fltrida 33139. Copi8 ol lh6s6 ilam ar6 avallablo
lq publlc lnsp€cllon clurl0g normal hrslnoss h@6 ln lhs OfllcB of ltr6 Ctty Ct€rk, 17OO Oqrrsnll@
Conlor Drivo, 1'Floorl Cily Hall, Miffii B6aci, Fltrk a 33139. This m66tinE, or my it.m horein, may b0
conlinued, nE, lnder such circumslanceq *lilitral legalnolice noed nol be proykJ€d,
Ptrrsuant lo Soclloh 288.0105, Fla. Slat., lhe Cny h0r6bv edvllas th6 !.rbllc thd I & D€rson d6cu6s
to epped any decision made by the City Colmisim wilh respocl lo any md6r cffiideEd al ils
mollnq or lk hoarlng, Such peBon msl onsurelhat a vsrbalkn r6cord c{ lho p.oc€adhgs ls mad€,
whlch Bcod lnclucloB ths l€allrrcny and 6vld6nco upon lvttlch ths appoal ls to be bas€d Thls notlc0
d6s not conslllut0 coreent by lh€ Clly lorlh6 hroduc[on or adsslq ol othoryls Inadmbslblo q
irolovmt elidencs, nor df s it alhorizo chellenges or sppeab not oth€ruis ellMd by ltu-
To rErlresl thts m8terlal ln allamclo f(mal, sbn lengoAoe lolemrEler (llve<iry noll.6 rEqtrhadi,
lnf ffnillon tr aceas$Iorperams slthdlaabllltles,andltra,ry e@mdatlontorevlev enydocumd
or paf,icipdo in any City-spff&rcd pr6ceclnEq cal 305.GO{.2489 and s6l6ct I lor English o, 2ld
Spanhh, thon opllm 6; TTY us€B may cal via /11 (Florila Rslay Sefric6)-
Balaol E, Grtrado, (Xty Cl*k
Clty o{ Mlaml Beach
Ad ,3;s
90
Resolutions - R7 Q
GOMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
July 26,2017
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECTA RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AMENDMENT NO. 1 TO THE INDIAN CREEK STORM WATER IMPROVEMENTS
FROM 25TH TO 41ST STREET PROJECT UTILIZING THE COMPETITIVELY BID
NATTONAL JOINT POWER ALLTANCE (NJPA) COOPERATTVE CONTRACT FOR
CONSTRUCTION SERVICES WITH THE GORDIAN GROUP, APPROVED
PURSUANT TO RESOLUTION NO. 2016-29521, FOR THE PROJECT; SAID
AMENDMENT IN THE AMOUNT OF $9,OOO,OOO TO CONTINUE DRAINAGE
IMPROVEMENTS ALONG INDIAN CREEK DRIVE.
RECOMMENDATION
The Administration recomnends approving the Resolution.
ANALYSIS
At its March 9, 2016 neeting, the City Commission approved Resolution No. 2016-29332, approving
a Department Funded Agreenent with the Florida Departnent of Transportation (FDOT) for the cost
sharing of a construction project on lndian Creek Drive, from 26th to 41st Streets. The respective
proportionate share percentages for the cost are 78.7o/o for FDOT and 21.3o/o for the City, with a total
project cost estirnate of 25 million dollars, in which the City is capable of procuring the construction of
the entire drainage system portion through the competitively bid National Joint Powers Alliance
(NJPA). The estinnted drainage cost was 11 million dollars which was based on FDOT average
prices and conceptual plans generated by FDOT's consultant Ribbeck Engineering, lnc.
At its July 20, 2016 neeting, the City Convnission approved Resolution No. 2016-29521, the lndian
Creek Drive storm water improvernents from 26th to 41st Street (Project), having an initial estirnated
construction cost of $3,000,000, including a ten percent (10%) contingency, and further authorizing
the City Manager to procure Project construction services utililng the competitively bid National
Joini Powers Alliance (NJPA) Cooperative contract for construction services with the Gordian Group.
At the tirne, it was stated that the 3,000,000 was only a portion of the entire drainage system and
additional funding was going to be necessary to complete the drainage work.
Due to complexity and urgency of this Project, the Administration recomrnended engaging David
Mancini and Sons, lnc. (DMSI) as the NJPA approved construction firm responsible in building the
storm water drainage system which included a trunk line plus the drainage structures with the
intention of providing the first line of defense against high tides. Currently, lndian Creek Drive serves
as a major evacuation route during an errergency event. DMSI was chosen based on previous good
work completed on tirne and on budget through out the entire city.
Page 1953 of 2856
91
On April, 26,2017, the City Commission approved Resolution No. 2017-29839, approving Ribbeck
Engineering, lnc. to prepare a set of lnterim construction plans from 25th to 26th Street and 26th to
41st Street including side streets along the entire project limits. The interim construction plans were
required in order to construct a 72 inch dianeter rnain trunk along lndian Creek Drive as well as to
provide drainage improvernents along the aforernentioned side streets by upsilng the existing
drainage lines to 24 inches. The design of pump station structure was to be part of the interim plans
as well. The interim construction plans were to follow FDOT design criteria as well as City of Miami
Beach contract requi rements.
As a result of the latest drainage and roadway plans for the entire project, a new total cost estinate
has been generated for 33.1 million dollars of which '17.7 million dollars is the cost for completing the
drainage work. This escalation in cost includes the addition of a drainage push button project at 26th
Street and Collins requested by FDOT, 140 additional drainage structures, one additional pollution
control structure, and 2400 additional linear feet of drainage pipes ranging in size from 18 to 72
inches in dianeter. As mentioned before, the original cost estinute was based on conceptual plans
which did not account for utility conflicts, pump station design changes due to requirenents from the
County Departrnent of Environmental Resources Management, and harrnonization for each property
along lndian Creek Drive and sorne of the side streets.
As the City continues with the acquisition of properties along lndian Creek, has been determined that
the cost to build a continuous seawall is approxinntely 8 million dollars which will need to be funded
independently of the DFA agreenrent. The seawall construction cost was not included as part of the
original DFA cost estirnate; however the State was willing to allow the City to use the seawall cost
toward our $5M contribution if the project was completed within the $25M budget. The DFA cost
estirnate did include a barrier wall which would enable the roadway to be elevated. During the
conceptual design the idea was to have either a seawall or the barrier wall based upon the property
ownership. FDOT has informed the City that the barrier wall will need to be continuous along the
project rennving funding that could have been used for the seawall.
Currently, the Administration is in conversations with FDOT trying to agree to the sane cost share
percentages for the additional cost in which FDOT will pay for 78-7o/o and the City for 21.3o/o. ln an
effort to continue with the drainage work and avoid project delays, staff is requesting the Corunission
authorize the City Manager to negotiate anendment No. 1 to the lndian Creek Storm Water
lmprovenents from 25th to 41st Street project utililng the competitively bid NJPA cooperative
contract for construction serviees with the Gordian Group, approved pursuant to Resolution No.
2016-29521for the Project; said anrendnent in the arnount of $9,000,000 which will only cover part
of the drainage work based on the latest cost estirnate.
By approving this $9,000,000 anendnrent, the City will stay within the original cost estimate and at
the sane tinie staff will continue the negotiations with FDOT. ln the event that any of the proposed
business terns change, then the City Manager will bring those changes back to the City Commission
for further approval.
Based on the City Engineer's and Design Engineer (Engineer of Record) opinion of probable
construction cost the cost for this next phase of the project is in the arnount of $9,000,000 and it is
considered reasonable for the type of work that is included.
CONCLUS!ON
The Administration recomrnends approving the Resolution authorizing the City Manager to approve
Page 1954of2856
92
Work Order No. 043715.03 for the Construction of the lndian Creek Storm Water Pipe project.
Amountl $9,000,000 Accountl 303-0815-069357-29-410-517-00-00-00-
21220
Leoislative Trackino
Public Works
ATTACHMENTS:
Description
o lndian Creek backup attachments
D account verification
Page 1955 cf 2856
93
ryIQC?ffiT[iim6TFWork Order Signature Document
Approvals
Date ContractorOwner
NJPA EZIQC Contract No.: FL-MDCAU06-052014-DMS
l_l x",,, work order I x I noorv an Existins work order
Work Order Number.: 043715.03 Work Order Date: 0011912017
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
Owner Name: City of Miami Beach Contractor Name: David Mancini & Sons, lnc.
Contact:
Phone:
Giancarlo Pena Contact:David Mancini
305-613-7000 ext 6343 9v 605 3982
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of NJPA
EZIQC Contract No FL-MDCAU06-052014-DMS.
Brief Work Order Descriotion:
The proposed storm water drain improvement project along lndian creek from 25th street to 41 st street is mitigate and
address Hiqh tide and floodinq.
Time of Performance Estimated Start Date: 06130/2017
Estimated Completetion Date:
Liquidated Damages Will apply: tr wi1 nor annlv. E
Work Order Firm Fixed Price: $9,000,000.00
Owner Purchase Order Number:
Work Order Signature Document Page 1 of 1
611912017
94
MACffifsonoIffifrilwDetailed Scope of Work
To: David Mancini
No Data lnput
No Data lnput
No Data lnput,
954 605 3982
Date Printed:
Work Order Number:
Work Order Title:
Brief Scope:
From: Giancarlo Pena
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
305-613-7000 ext 6343
June 19, 2017
043715.03
lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
The proposed storm water drain improvement project along lndian creek from 25th
street to 41 st street is mitigate and address High tide and flooding.
f] Rrettminav Revised Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
Scope is based on Plans and specification provided by RIBBECK ENGINEERING, INC. 14335 SW 120
STREET, SUITE 205 MrAMr, FLORTDA 33186 TEL. (305) 383-5909 FBPE C.A. NO. 27592 CARLOS F.
RIBBECK, P.E. Sheets are as follows: Design is in progress. Contractor will adjust Construction proposal as needed
to adjust for design changes and additions. Auditing ofthe porposal will follow up as the consffuction progresses.
Price Proposal includes: payment and performance Bond, Pre-construction cleaning and mobilization of equipment,
72" duramaxx Pipe, exacation. backfilling, structures, Curb and silt fencing , MOT, reconstrucion of road ways ,
Sheet pilling as needed, daily dust control and clean up. etc......Please see deatiled proposal for all ofthe task
associated with the mutiple phases of construction Under this Construction Work Order.
City and Contractor agree to provide all documentation as to the installation, delivery, field changes, addditions, and
credits in order to evaluate the field conditions and pay request under this contract. Conffactor and City will utilize the
PO issued to reconcile all of the changes, additions, and credits as a supplemental to the PO issued.
Subject to the terms JOC Contract FL-MDCAU06-052014-DMS.
b)L.t+
Date
Owner Date
Contractor
Scope of Work Page 1 of 1
6119120'17
95
Contractor's Price Proposal - Summary
Re:
June '19, 2017
IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Contractor:
Proposal Value:
FL.MDCAUO6-05201 4.DMS
04371 5.03
lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
David Mancini & Sons, lnc.
$9.000.000.00
$1,286,939.89
0104-18 $19,894.85
0425-1-20',1,0425-1-351,0425-1-365,425-1-901, 0425-242,0425-2-71,0425-2-72,
4425-2-73
$6,46.60
0425-2102 $1U,201.52
0425,2-72 $317,054.64
0425-6 $9,s26.44
0430-175-148 $5,168.41
4430-175-172 $331,842.83
0431 -1 -1 $464,s49.53
0530.3-3 $3,082.55
0536-1-1, 0536-73 $3,M4.91
0536-7 $8,073.08
0536-85-25 $s70.90
110-1-'t $29,489.35
522-1 $99,606.74
527-2 $944.54
570-1-2 $6,856.31
635-2.11 $22,961.12
653-1.'t1 $2,136.91
660-2.101 $s30.67
706-3 $4,483.40
7 1 0-1 1 -1 1 1, 7 10-1 1 -124 $590.95
710-11-',t22 s123.75
7 1 A -1 1 -123, 7 1 0 -1 1 -1 25 $1,760.72
710-11-170 $518.il
7',l1-11-122 $382.11
7 1 1 -11 -123, 7 1 1 -11 -124, 7 11 -11 -12s $'11,102.32
711-11-160 $404.15
Contractor's Price Proposal - Summary Page 1 of 2
611912017
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Contractor's Price Proposal - Summary Continues..
Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
711-11-170 $2,499.36
No Gategory lnput $6,220,612.91
Proposal Tota! $9,000,000.00
Thisl total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on lhis Proposal: 0.82%
Page 2 of 2
6l'1912017
Contractor's Price Proposal - Summary
97
Contractor's Price Proposal - Detail
Date: June 19,2017
Re: leC Master Contract #: FL-MDCAU06-052014-DMS
Work Order #: 043715.03
Owner PO #:
Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
COntraCtOr: Oavid Mancini & Sons, lnc.
ProPosal Value: $9'000'000'00
Sect. ltern Mod. UOM Descriptlon Line Total
Labor Equip. Material (Excludes)
1 33 41 13 00 0457 LF 72" Steet Reinforced, Smooth lnterior, Doubte Wa[, Conugated High Density $1,286,939.89
Polyethylene (HDPE) Piping
Quantity Unit Price Factor Totallnstallation 4,100.00 x 263.13 x 1.1929 = '286,939.89
Subtotal for $1,286,939.89
0104-'t8
2 33 01 30 51 0066 EA Clean Out Debris From Entrance To lnlet Structure $18,768.85
Quantity Unlt Price Factor Totallnstallation 180.00 x 87.41 x 1.1929 = 18,768.85
6 inlets X 10 Weeks
3 33 01 30 51 0339 EA 24" Bladder Type Pipe Plug $1.126.00
Quantity Unit Price Factor Tolallnstallation 4.00 x 230.9g x 1.1929 = 1,126.00
Bypass plug, place and remove 4 times
Subtotal for 0104-18 $19,894.85
0425-1-201 . 0425-l -351 . 0425-1-365. 425-1-901 . A42s-242. 042s-2-71 . 0425A-72. 0425-2-73
4 33 39 13 00 0108 EA Seal Gap Between Pipe And Structure With Brick And Grout
Quantity Unit Price Factor Totallnstallation 6.00 x 90.34 x 1-1929 = 646'60
$646.60
Su btotal lor 0425 -'l -201, 0425-l -351, 0425-l -365, 425-1'901, 0 425 -242,
0425-2-7 1, 0425-2-7 2, 0 425 -2-7 3
$6,46.60
0425-2102
5 35 20 16 26 0008 EA 54' x 54" Heavy Duty Sluice Gates Self Contained With Crank Operated Gate $144,201 .52
Ouantity Unit Price Factor Totallnstallation 4-00 x 3o,22o7g x 1.'t929 = 4t44,201'52
2 sluice gates for BMP - 25
Subtotal lor 0425-21A2 $14/.,201.52
0425-2-72
6 33 44 23 00 0003 EA 9'x 16'x 138" Precasl Concrele Ecovault Multi-Stage Filtration Unit8" top and
bottom, 8" walls, 6" intemal weirs/baffles; double Ram-Nek seals; (3) USF
AHD3048 aluminum hatches cast in top slab; stainless steel debris collection
system, anti-suspension panels; (2) 6" bleeder elbows cast in weir; (2) 48"
Fontaine series 202 sluice gates (316 stainless steel) non-rising stem.
Excludes crane and equipment operator.
Quantity Unit Price Factor
lnstallation
bmp-25
$31 3.769.97
Total
Contractor's Price Proposal - Detail
3.00 x 87.677.08 x 1.1929= 313,769.97
Page 1 of 15
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Contractor's Price Proposal - Detail Continues..
Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
0425-2-72
7 33 44 23 00 0003 0393 MOD For Additional Wall Thickness, Add Per Ton $3,284.67
Ouantity Unit Price Factor Totallnstallation g.z4 x 29g.00 x 1.1929 = 3,284.67
Subtotal tor 0425-2-72 $317,054.64
0425-6
I 33 44 13 13 0209 EA Adjust Existing Catch Basin lnlet Grate To Match crade
Quantity Unit Price Factor Totallnstallation 3s.oo x 228.17 x t.tg29 = 9,526-44
Adjusting existing mh;s and vlv Boxes
$9,526.44
Subtolal for 0425{$9,526.44
0430-175-148
9 33 41 13 000311 LF 48' Bell And Spigot, Smooth lnterior, Double Wall, Corrugated HDPE Pipe
Quantity Unit Price Factor Totallnstallation s6.00 x r2.g2 x 1..t929 = 4,864.55
$4,864.55
10 33 41 13 000311 0034 MOD For<1oo,Add
Quantity Unit Price Factor Totallnstallation 64.00 x 3.98 x 1.192g = 303.86
$303.86
Subtotal for 0430-1 75-148 $5,168.41
0430-175-172
11 33 41 13 000461 EA 72' Elbow With 48' Riser And Small Diameter lnlet Stubs, Steel Reinforced,
Smooth lnterior, Double Wall, Corrugated High Density Polyethylene (HDPE)
Fitting
Quantity Unil Price Factor Totallnstallation 40-00 x 6,954.54 x 1.1929 = 331,842.83
extra bends in updated plans
$331,842.83
Subtotal tor 0430-17 5-172 $331,842.83
0431-1-'l
12 33 01 30 16 0004 EA lnitial Set Up For'Crawler'Video Camera lnspection, 4" And Larger Diameter
Pipe Or CulvertCrawlers are generally remotely operated vehicles (ROVs) for
longer distances (over 300') and tor larger diameters (4? and larger).
$4,629.82
lnstallation
Quantity Unit Price Factor Total
5-00 x 776.23 x 1.1929= 4,629.82
13 33 01 30 160006 EA Re-SetUp/MoveFor"CrawlefVideoCameralnspection,4,,AndLarger
Diameter Pipe Or Culvert
Quantity Unit Price Factor Totallnstallation 10.00 x 388.12 x 1.1929 = 4'629.88
14 33 01 30 160019 LF >12,':|o21" Diameterpipelnspection,pre-RehabititationphaseCCTV $15,011.45
inspection of pipe interior.
Quantity Unit Price Factor Totallnstallation 5,200.00 x 2.42 x 1.1929 = 15,011.45
27,29,401h streets
15 33 01 30 16 0020 LF >21', To 30" Diameter pipe lnspection, pre-Rehabititation phaseCCTV $14,237.09
inspection of pipe interior.
Ouantity Unit Price Factor Totallnstallation 3,69s.00 x 3.23 x 1.1929 = 14,237 .oB
30th and 36th
$4,629.88
Page 2 of 15
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Contractor's Price Proposal - Detail Continues..
Work Order Number:
Work Order Title:
043715.03
lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
0431 -t -{
16 33 01 30 160028 LF >12" Io 21' Diameter Pipe lnspection, Post-Rehabilitation PhaseCCTV
inspection of pipe interior.
$10,731.33
Total
10,731.33
QuantitYlnstallation 5,200.00 )(
Unit Price
1.73 x
Factor
1-'1929
17 33 01 30 160029 LF >2'1" To 30" Diameter Pipe lnspection, Post-Rehabilitation PhaseCCTV
inspection of pipe interior.
Quantity Unit Price Factor
$1 1,297.96
Total
11,297.96lnstallation 4,100.00 x 2.31 x 1.1929 -
18 33 01 30 72 0012 LF 6mm Lining 18" Pipe With Cured ln-Place Pipe (CIPP)
Quantity Unit Price
f nstallation 721.00 x 38.39 x
$33,018.51
Total
33,018.51
Factor
1.1929
19 33 01 30 720012 0256 MOD For gmm Liner Thickness, Add
Quantitylnstallation 72,l.OO x
unit Prica
15_20 I
Factor
't.tgzg =
$13,073.23
Total
13,073.23
20 33 01 30 720013 LF 6mm Lining 21" Pipe With Cured ln-Place Pipe (CIPP)
Quantity Unit Pricelnstallation 555.00 x 43.18 x
$28,587.73
Total
28,587.73
Factor
1.1929
21 33 01 30 720013 0256 MOD For gmm Liner Thickness, Add
Ouantitylnstallation 319.00 x
$6,568.04
Unit Price
17.26 x
Factor
1.1929 =
Total
6.568.04
22 33 01 30 72 00'14 LF 6mm Lining 24" Pipe With Cured ln-Place Pipe (CIPP)
Quantity Unit Pricelnstallation 423.00 x 47.14 x
$23,786.69
Total
23,786.69
Factor
1.1929
ZJ 33 01 30 720014 0256 MOD For gmm Liner Thickness, Add
Quantitylnstallation 423.0A x
$9,51'1.6s
Unit Pdce
18.85 x
Factor
1.1929
Total
9,51 '1.65
24 33 01 30 720015 LF 6mm Lining 27'Pipe With Cured ln-Place Pipe (CIPP)
Quantity Unit Pricelnstallation 4,434-oo x 53.20 x
$281,391.75
Total
281,391.75
Factor
11929
25 33 01 30 720015 MOD For gmm Liner Thickness, Add
QuantityInstallation 316.00 x
$8,074.41
LJnit Price
21.42
Factor
1_1929
Total
8,074.41
Subiotal for 0431-l-1 $464,549.53
0530-3-3
26 35 31 16 130010 CY Rip-Rap ForSeawall
QuantitYlnstallation 1g.00
$3,082.55
Unit Price
143.56
Factor
1.1929
Total
3,082.55
Subtotal for 0530-3-3 $3,082.s5
0536-1-1. 0536-73
27 34 7'l 13 26 0004 LF Corrugated Beam Guide Railing $3,644.9'l
lnstallation
Demolition
Guard Rail
Quantity Unit Price
525.00 x 5.11
525.00 x 0.71
x
x
Factor
1 .1 929
1.1S29
Total
3,200.25
444.65
Subtotal for 0536-l -l , 0536-73 $3,644.91
Contractor's Price Proposal - Detail Page3of15
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Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
0536-7
28 34 71 13 260036 EA Breakaway Wood Or Steel Post ln Steel Foundation Tube
Quantity Unit Price
$701.85
Factor Totallnstallation 4.00 x 147.09 * 1.t929 = 701.85
Guardrail
29 34 71 13 260037 EA Wood, Metal, Plastic Or Composite Offset Block Or BeamFor heavy post
blocked out corrugated beam guide rail.
Quantity Unit Price Factor Totallnstallation 40.00 x 19.48 x 1.1929 = 929'51
Guardrail
$929.51
30 34 71 '13 260081 EA Extra Long Postfor Cable Guide Rail
Quantity Unit Price Factor Totallnstallation 8s.00 x 63.53 x 1.1g2g = 6,441.72
Special Post for Guard Rail
$6,441.72
Subtotal for 0536-7 $8,07s.08
0536€5-25
31 34 71 13 260014 EA Corrugated Beam Guide Railing Flared Or 180 Degree End Section
Quantity Unit Price Factor Totallnstallation 6.00 x 51.g2 x 1.1929 = 370.90
Guardrail
$370.90
Subtotal for 0536-85-25 $370.90
110-1-'t
32 32 96 43 00 0008 EA >72 To 84" Root Ball, Move Trees On Site $29,489.35
Quantity Unlt Price Factor Totallnstallation 24.00 x 1,030.03 x 1.1929 = 29,489.35
Palm Trees
Subtotal for 110-l-l $29.489.35
522-1
33 32 1 6 '13 16 0009 EA Sidewalldcurb Steel Facing, Pedestrian Ramps, Two Drops Per Section
Quanlity Unit Price Factor
s 1 .597.29
Totallnstallation j0-00 x 133.90 x 1_1929 = 1,597.29
Sidewalk transition
34 32 16 23 000002 SF 4'Cast ln Place Concrete Sidewalk
Quantity Unit Pricelnstallation 24,599.00 x
Sidewalk replacement
Factor Total
3.34 x .1.1929 = 98,009.45
$98,009.45
Subtoial lor 522-1 $99,606.74
527-2
35 32 17 26 0O 0003 SF Cast ln place VpC Truncated Dome Detectab,e Warning SurfaceAlso raised $9,+4.54
strips or directional bars. All colors.
Quantity Unit Price Factor Totallnstallation 20.00 x 33.87 x 1.1929 = 808.07
Demolition 40.00 x 2.86 x 1.1929 = 136.47
Subtotal tor 527-2 $9,t4.54
570-1-2
Contractor's Price Proposal - Detail Page 4 of 15
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Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
570-1-2
36 32 92 23 00 0039 MSF >1,000 To 4,000 SF, St. Augustine Floratam Sod, lnstalled On Level Ground
Ouantity Unit Price Factor Totallnstaflation 10.00 x s74_76 * t.tg29 = 6,856.31
$6,856.31
Subtotal lor 570-'l-2 $6,856.31
635.2-1 1
37 33 71 13 000011 EA 14"x20"xl2",ElectricPullBoxes,PrecastConcrete $12,496.52
Quantity Unit Price Factor Totallnstallation 25.00 x 419.03 * 1.1929 = 12,496.52
Pull Boxes for Loop Delectors
38 33 71 19 000013 EA 24"x36'xl2",ElectricPullBoxes,Precastconcrete $10,464-60
Quantity Unit Price Factor Totallnstallation 13.00 x 674.80 x 1.1929 = 10'464'60
Subtoial for 635-2-ll $22,961.12
653-1-11
39 34 41 '13 00 0131 EA LED Enhancod Pedestrian Crossing Symbol Sign2 required per system.
Quantity Unit Price Factor Totiallnstallation 2.00 x 895.68 x 1.1929 = 2,136.91
Signalizalion
$2.136.91
Subtotal for 653-1-11 $2,136.91
660-2-101
40 34 4't 13 00 0003 EA Traffic Signal Loops, Per Looplncludes saw cutting, sealing and splicing into
leads in streel.
$530.67
Quantity Unit Price Factor Totallnstallation 2.OO x 222.43 x 1.1929 = 530.67
Loop Detector
Subtotal for 660-2-101 $530.67
706-3
41 32 17 23 130087 LF Reflective Painted Curb And Gutter
Quantity Unit Pricelnstallation 2,160.00 x
Factor Total
1.74 x 't.1g2g= 4,483.40
$4.483.40
Subtotal for 706-3 $4,483.40
7 1 0-1 1 -1 1 1. 7 1 0-1 1 -1 24
42 32 17 23 130035 LF Single 6'Wide Solid Line, Painted Reflective Pavement Striping
Quantity Unit Price Factor Total
$590.95
lnslallation 2,359.00 x
Temporary 6" + '18'
O.21 x 1.1929 = 590 95
Su btotal tor 7 10-11 -1 1 1, 7 1O-1 1 -124 $590.95
710-11-122
43 32 17 23 130036 LF Single 8'Wide Solid Line, Painted Reflective Pavement Striping
lnstallation 399.00 x
Temporary
$123.75
Quantity Unit Price Factor Tolal
Contractor's Price Proposal - Detail
0.26 x 1.1929 = 123-75
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Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
Subtotal tor 7 1O-l 1 -122 $123.75
7 10 -1 1 -123, 7 10.1 1 -125
44 32 17 23 130037 LF Single '12" Wide Solid Line, Painted Reflective Pavement Striping
Quantity Unit Price Factor Total
$1,760.72
lnstallation 4,100.00 x
Temporary, 12" + 24
0.36 x t.t92g= 1,760.72
Su btotal f or 7 1O-1 1 -123, 7 1O-1 1 -125 $1,760.72
710-11-170
45 32 17 23 130043 EA 24" High, Letter/Number, Painled Reflective Pavement Marking $19A.32
Quantity Unit Price Factor Totallnstallation 3s.oo x 4.Ts x 1.1929 = 198'32
Temporary Messages
46 32 17 23 130053 EA TurnLaneAnow,PaintadReflectivePavementMarkingApproximateoverall $320.22
dimensions: 6'width x 8' height.
Quantity Unit Price Factor Totallnstallation 6-00 x 44.14 x 1.1g2g = 320.22
Temporary Turn Arrow
Subtotal for71A41-170 $518.54
711-11.122
47 32 17 23 33 0005 LF Single 8'Wide Solid Line, Thermoplastic Reflective Pavement Striping $382. j 1
Quantity Unit Price Factor Totallnstallation 208.00 x 1.54 x 1.1929 = 382-11
Permanent
Subtotal tor 7 11 -1 1 -122 $382.1 I
7 11 -1 1 -123, 7 11 -1 1 -124, 7 1 1 -1't -125
48 32 17 23 33 OOOO LF Single 12" Wide Solid Line, Thermoplastic Reflective Pavement StripinS $ 11,102.32
Quantity Unit Price Factor Totallnstallation 4,100.00 x 2.21 x 1.1929 = 11'102.32
12' + 18" + 24" Permanent
Subtotal tor 7 11 -'l 1 -123, 7 11 -11 -124, 7 11 -11 -'125 $'11,102.32
711-11-160
49 32 17 23 330012 EA 24" High, LetterlNumber, Thermoplastic Reflective Pavement Marking $404.15
Quantity Unit Price Factor TotalInstallation 3s.00 x 9.68 x 1.1929 = 404'15
5 messages, permenant
Subtotal for 711-11-160 $404.15
711-11-170
50 32 17 23 33AA22 EA TurnLaneArrow,ThermoplasticReflectivepavementMarkingApproximate
overall dimensions: 6' width x 8' height.
Quantity Unit Price Factor Totallnstallation 16.00 x 130.95 x .t.1929 = 2,499.36
Permenant turn arrow
$2,499.36
Su btotal lor 7 1 1 -1 1 -17 0 $2,499.36
Contractor's Price Proposal - Detail Page 6 of 15
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Contractor's Price Proposal - Detail Continues..
Work Order Number:
Work Order Title:
043715.03
lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
No
lP.,ir;Bi:i$lli:r;:".t;i.\tJ.t{,i/rtr
il l{ l*,u I i
lliliXl}lNlllll$
lut/.,nffi.#?/t
52 01 22 't6 00 0002 Reimbursable FeesReimbursable fees will be paid to the contractor for the
actual cost, without mark-up, for which a receipt or bill is received. The
Adjustmenl Factor applied to Reimbursable Fees will be 1.0750. The labor
cost involved in obtaining all permits is in the Adjustment Factor. The base
cost of the Reimbursable Fee is $1.00. The quantity used will adjust the base
cost to the actual Reimbursable Fee (e.9. quantity of 125 = $125.00
Reimbursable Fee). lf there are multiple Reimbursable Fees, each one shall be
listed separately with a comment in the "note" block to identify the
Reimbursable Fees (e.9. sidewalk closure, road cut, various permits,
extended wanantee, expedited shipping costs, etc.). A copy of each receipt
shall be included with th6 Proposal.
Quantity Unit Price Factorlnstallation 2g.727 _24 x 1.00 x
$28.727.24
1.0000 -
Total
28,727.24
53 01 22 20 000015 LaborerTasks in the CTC include appropriate costs to cover labor. These
tasks will be requested specifically by the owner for miscellaneous work not
covered in the CTC.
Quantity Unit Price Factorlnstallation 120.00 x 25.89 x 1.'1929 -
$3,706.1 0
Total
3,706.1 0
54 01 22 20 000015 HR LaborerTasks in the CTC include appropriate costs to cover labor. These
tasks will be requested specifically by the owner for miscellaneous work not
covered in the CTC.
$2.470.73
Quantitylnstallation 80.OO x
Unit Price
25.89 x
Factor
1.1929
Total
2,470.73
01 22 23 000234 MO 1'x 8'x 16'Steel Plate
QuantitYlnstallation 108.00
Unit Price
399.97
Factor
1.1929
$51,529.42
Total
51,529.42
56 01 22 23 000260 MO 2,400 LB Capacity, 72'Wide, Skid-Steer Loader (Bobcat) With Full-Time
Operator
Quantity Unit Price
$63,823.97
Total
63,823.97lnstallation 6.00 x 8.917.20 x
Factor
1.1929 =
57 01 22 23 00 0306 WK 1/2 CY Hydraullc Excavator With Full-Time Operator $18,971.23
Total
18,97't.23
Quantitylnstallation 5.00 x
Unit Price
3,180_69 x
Factor
1 .1929
58 a1 22 23 000307 MO 1/2 CY Hydraulic Excavator With Full-Time Operator
Quantity Unit Price
$79,938.85
lnstallation 6.00 x 11,168.70 x
Factor
1.'.t929
Total
79,938.85
59 01 22 23 000307 0075 MOD For Equipment Without Operator, Deduct -$4,128.25
Total
-4,128.25
Quantity Unit Price Factor
1.1929 =lnstallation 0.50 x -6,921.36 x
60 01 22 23 000331 MO 2-'l12 To 2-718 CY Hydraulic Excavator With Full-Time Operator $146,286.1 6
Total
146,286.16
Ouantitylnstallation 6.00 x
Unit Price
20,438.45 x
Factor
1.1929
61 01 22 23 000334 MO 3 To 3-3/4 CY Hydraulic Excavator With Full-Time Operator $172,026.25
Total
172,026.25
Quantity Unit Price Factor
1.1929
Contractor's Price Proposal - Detail
lnstallation 6.00 x 24,034.74 x
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Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
No Cateqorv lnout
62 01 22 23 00 0349 MO 1,000 Ft-Lb Hydraulic Hammer Attachment For Hydraulic Excavators
Ouantity Unit Price
$20,370.1 I
TotalFactorlnstallation 6.00 x 2,846.03 * t.tgzg = 20,370.18
63 01 22 23 000400 MO 2-112CY,1'l9HP,HeavyDutyConstructionLoaderWithFull-TimeOperator $86,042.40
Ouantity Unit Price Factor Totallnstallation 6.00 x 12.021.46 x 1.1929 = 86,042 40
64 01 22 23 000494 MO 8'x24'TrenchBoxWithupTo4S"Spreaders $26,993,13
Quantity Unit Price Factor Totallnstallation 12.00 x 1,88s,68 x 1.1929 = 26,993.13
65 0't 22 23 000498 MO For Spreaders >84" To '120", Add $8,097.88
Quantity Unit Price Factor Totallnstalfation 24.oo x 282.8s x 1.1g2g = 8,097.88
66 01 22 23 00 0538 MO Portable Sediment Tank $2.034.56
Quantity Unit Price Factor Totallnstallation 6.00 x 284.26 x 1.1g2g = 2,034.56
67 01 22 23 00 0901 DAY 150 Ton Lift Mechanical Crane W,th Full-Time Operator $57,065.77
Quantity Unit Price Factor Totallnstallation 15.00 x 3.189.19 x 1.1929 = 57,065.77
68 01 22 23 OAO995 MO 25,00OGPH,3"Discharge,90'MaximumHead,GasPoweredPortableTrash
Pump
Quantity Unit Price Factor Tolallnstallation 6.00 x G65-oo x 1.1929 = 4'75957
$4,759.67
69 01 22 23 00 1004 wK 156,000 GPH, 6'Discharge, 160'Maximum Head, Diesel Powered Portable
Trash Pump
Quantity Unit Price Factor Totallnstallation 24.00 x 1,126.58 x 1.1929 = 32,253.53
70 01 22 23 00'1018 MO 136,800 GpH, 6" Discharge, 158'Maximum Head, Diesel Powered Portable $23,910.23
Silenced Environmental Trash Pump
Quantity Unit Price Factor Totallnstallation 0.00 x 3,340.63 x 1.1929 = 23,910'23
71 A1 22 23 00 1048 MO 3" lnside Diameter, 20' Length, Suction Hose With Couplings $1,146.26
$32,253.s3
Quantity Unit Price Factor Totallnstallation 6.00 x 160.15 x 1.1929 = 1,146.26
72 01 22 23 00 1053 WK 6" lnside Diameter, 20'Length, Suction Hose With Couplings $2,988.07
Quantity Unit Price Factor Totallnstallation 24.00 x 104.37 x 1.1929 = 2,988 07
73 01 22 23 00 1054 MO 6' Inside Diameter, 20' Length, Suction Hose With Couplings
Ouantity Unit Price Factor TotalInstallation 6.00 x z3S-Tz x 1_1929 = 1,687.14
$1,687.14
74 01 22 23 00 1064 MO 3" lnside Diameter, 50' Lenglh, Discharge Hose With Couplings
Ouantity Unit Price Factor Totallnstallation ,t2.oo x g8_5g x 1.1g2g = 1,411.15
$1,41 1.15
75 01 22 23 00 1069 WK 6" lnside Diameter, 50'Length, Discharge Hose With Couplings
Quantity Unit Price
$4,031.62
Factor Totallnstallation Z4.OO x 140.A2 x 1.1929 = 4,031.62
76 01 22 23 00 1070 MO 6" lnside Diameter, 50'Length, Discharge Hose With Couplings
Quantity Unit Price
$6,383.47
Factor Total
Contractor's Price Proposal - Detail
lnstallation 18.00 x 2gz.2g x 1.1929 = 6,383.47
Page I of '15
611912017
105
Contractor's Price Proposal - Detail Continues..
Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
No Cateoorv lnout
77 01 22 23 00 1194 MO 18 CY Rear Dump Truck With Full-Time Truck Driver
Ouantity Unit Price Factor Totallnstallation e.oo x 12,103.36 x 1-.1929 = 173,257.18
$1 73,257.1 8
78 01 22 23 OO 1204 WK 1,500 To 2,000 Gallon Vacuum Truck With Full-Time Truck Driver
Quantity Unit Price Factor Totallnstallation 24.00 x 2,383.50 r 1.1929 = 68,238.65
79 01 22 23 OO 1212 MO 2,000 Gallon Water Truck With Full-Time Operator $69,033.77
Ouantity Unit Price Factor Totallnstallation 6.00 x 9,645.09 x 1.1929 = 69,033.77
80 01 32 33 00 0005
$68,238.6s
EA 8" x 10'Color Print Photograph
Quaniitylnstallation 20.00 x
Unit Price Factor Total
6.89 x 1.1929= 164-38
s164-38
81 01 32 33 00 0007 EA Aerial Photography, 1 Site Within City, 15-20 Photos, 6 Proofs $25,868.42
Quantity Unit Price Factor Totallnstallation 18.00 x 1,2a4.74 x 1.1929 = 25,868 42
82 01 32 33 00 0007 0003 MOD For Color Prints lnstead Of Black And White, Add $862-28
Quantity Unit Price Factor Totallnstallalion 2.OO x 361.42 x 1.1929 = 862.28
83 01 45 23 000230 EA ProfessionalEngineerRegisteredinthestateofFloridaProfessional $107,361.00
Engineering Services are to be used only as directed by the Owner. These
services are used for investigational services and not for AE design
services. 2 hour minimum.
Quantity Unit Price Factor Totallnstallation 1,200.00 x 75.00 x 't.1929 = 107,361.00
84 01 51 't3 00 0007 EA Temporary 600 Amp, 240 Volt, NEMA 3R Service Switch Or Building Feeder
Switch With Fuses
$3,766.63
Quantity Unit Price Factor Totallnstallation 1.00 x 3,157.54 x .t.1929 = 3,766.63
85 01 52 13 00 0006 MO 24'x72'Otfice, With Toilet $18,656. j9
Quantity Unit Price Factor Totallnstallation 12.00 x 1,303.28 x 1.1929 = '18,656"19
86 01 52 13 00 0006 0012 MOD For Each Delivery And Set-Up (Block And Level), Add $2,252.58
Quantity Unit Price Factor Totallnstallation 1.00 x 1,888.32 x 1.1929 = 2.25258
87 01 52 13 000006 0013 MOD ForEachKnock-DownAndPick-Up,Add $1,477.19
Quantity Unit Price Factor Totallnstallation 1.00 x 1,238.32 x 1.'t929 = 1,477.19
88 01 52 13 00 0006 0015 MOD For Each Anchoring lnto Asphalt Or Concrete, Add $524.88
Ouanlity Unit Price Factor Totallnstallation 4.80 x 110.00 x 1.1929 = 524'88
89 01 52 13 000009 MO Oesk
Quantity Unit Price Factor Totallnstallation 24.00 x 27.s8 x 1.1929 = 789'60
$789.60
90 01 52 13 00 0010 MO Desk Chair, Rolling
Quantity Unit Price Factor Total
$493.57
Contractor's Price Proposal - Detail
lnstallation z4.oo x 11.24 x 1.1929 = 493.57
Page I of 15
611912017
106
Contractor's Price Proposal - Detail Continues..
Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
No Gategory lnput
91 01 52 13 000012 MO Table $394.80
Quantity Unit Price Factor TotalInstallation 24.00 x 13.79 x t.1929 = 394.80
92 01 52 't 3 00 0014 EA Phone Hook-Up
QuantitY
lnstallation
$90.47
Unit Price Factor Total
1.00 x 75.84 * 1.1929= 90.47
93 01 52 1s 000015 MO Local Phone Service Per Phone Line
Quantity Unit Price Factor Totallnstallation 24.oo x 48.26 , 1.1929 = 1,381.66
$1,381.66
94 01 52 13 000019 MO Steps
lnstallation
$67.52
Total
i.00 x 56.60 x 1.1929= 67.52
95 01 52 19 00 0002 WK Portable Toilets, Chemical $1 ,908.74
Quantity Unit Price Factor Totallnstallation 24.00 x 66.67 x 1.1g2g = 1,908'74
96 01 s5 26 00 0024
Quantity Unit Price Factor
WK Channelizer Drum
Quantitylnstallation SOO.00 x
Factor Total
4.09 x 1.1929 = 4,391.06
$4,391.06
Unit Price
97 01 55 26 000025 MO ChannelizerDrum $13,173.19
Quantity Unit Price Factor Totallnstallation 900.00 x 12.27 x 1.1929 = 13,173.19
98 01 55 26 00 0059 MO Up To 12.5'Concrete Trafflc Barrier $161,845.42
Quantity Unit Price Factor Totallnstallation 1.968.00 x 68.94 x 1.1929 = 161,845.42
99 01 55 26 00 0059 MO Up To 12"s'Concrete Trafric Banier $16i,845.42
Quantity Unit Price Factor Totallnstallation 1,968.00 x 68.94 x 1.1929 = 161,845'42
100 0't 55 26 00 0063 DAY 6'x 32" Tall Plastic Water Banier
QuantitYlnstallation 1,g06.00 x
Unit Price Factor
$19,712-55
Total
9.15 x 1.1929 -- 19,712.55
101 01 55 26 000078 MO Aluminum Sign And Post $742.58
Quantity Unit Price Factor TotalInstallation 30.00 x 2o_Zs x 1.1929 = 74z.s8
102 01 55 26 00 0080 WK Aluminum Sign And A Frame Stand
Quantilylnstallation 24.00 x
Factor Total
9.10 x 1.1929= 260.53
$260.53
Unit Pric6
103 01 55 26 000083 WK Trailer Mounled Arrow Board s2.289.99
Ouantity Unit Price Factor Totallnstallation 16.00 x 119.98 x 1_1929 = 2,289.99
104 01 55 26 00 0102 EA Place And Remove Up To 12.5'Concrete Traffic Barrierlf lifting equipment is $27,827.16
not available on site,
Ouantity Unit Price Factor Totallnstallation 692.00 x 33.71 x 1.1929 = 27,827.16
105 01 55 26 000'102 EA placeAndRemoveUpTo.t2.5,ConcreteTrafficBarrierlfliftingequipmentis $27,827.16
not available on site,
Quantity Unit Price Factor Totallnstallation 692.00 x 33.71 x 1.1929 = 27,827.16
Page 10 of 15
611912017
Contractoas Price Proposal - Detail
107
Gontractor's Price Proposal - Detail Continues..
043715.03
lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
Work Order Number:
Work Order Title:
No Category Input
106 01 55 26 000104 EA
QuantitYlnstallation fi2.OO
Place And Remove Plastic Water Barrierlncludes water. lf lifting equipment is
not available on site,
$3.756.82
Unit Price
18.31 x
Factor
1.1929
Total
3,756.82
107 01 55 26 000117 EA Temporary Crash Cushion Per Location
Quantity Unit Pricelnstallation 3.oo x 1,3oo.oo
$4,652.31
Factor
1 -1 929
Total
4,652.31
108 01 71 13 000003 Equipmeni Delivery, Pickup, Mobilization And Oemobilization Using A Tractor
Trailer With Up To 53' Bedlncludes delivery of equipment, off loading on site,
rigging, dismantling, loading and transporting away. For equipment such as
bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders,
loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers,
bridge finishers, straight mast construction forklifts, telescoping boom rough
terrain Gonstruction forklifts, telescoping and articulating boom manlifts with
>40'boom lengths, etc.
$5,763.s7
Quantitylnstallation 12.00 x
Unit Price
402.63 x
Factor
1.1929
Total
5,763.57
109 01 71 13 000003 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor
Trailer With Up To 53' Bedlncludes delivery of eguipment, off loading on site,
rigging, dismantling, loading and transporting away- For equipment such as
bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders,
loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers,
bridge finishers, straight mast construction torklifts, telescoping boom rough
tenain construction forklifts, telescoping and articulating boom manlifts with
>40'boom lengths, etc.
$14,408.92
lnstallation
Ouanlity
30.00 x
Unit Price
402.63 x
Factor
1,1929 =
Total
14,408.92
110 01 71 13 000003 EA Equipment Delivery, Pickup, Mobilization And Demobilization Using A Tractor
Trailer With Up To 53' Bedlncludes delivery of equipment, off loading on site,
rigging, dismantling, Ioading and transporting away. For equipment such as
bulldozers, motor scrapers, hydraulic excavators, gradalls, road graders,
loader-backhoes, heavy duty construction loaders, tractors, pavers, rollers,
bridge linishers, straight mast construction forklifts, telescoping boom rough
tenain construction forklifts, telescoping and articulating boom manlifts with
>40'boom lengths, etc.
$7,204.46
Quantitylnstallation 15.00 x
Unit Price
402_63 x
Factor
1.1929
Total
7,204.46
11 1 01 7't 13 00 0012 150 Ton Lift Move On/Off Cost, Mechanical Cranelncludes delivery and
pickup.
$9,1 85.33
OuantitYlnstallation 5.00 x
Unit Price
1,540.00 x
Factor
1.1929
Total
9,185.33
112 01 71 13 000012 0A47 MOD For >30 To 60 Miles Radius, Add
QuantitYlnstallation 1.00 x
$459.27
Unit Price
385.00
Factor
1.1 929
Total
459.27
113 01 71 23 160005 HR
lnstallation
2 Person Survey Crew (Unit Of Measure ls Per Crew Hour Worked)lncludes
surveyor, rodman, equipment and instruments.
Quantity Unit Price Factor
1.1929 =200.00 x 160.39 x
$38,265.85
Total
38.265.85
114 01 74 13 000003 CY Collect Existing Debris And Load lnto Truck Or DumpsterPer CY of debris
removed.
$'13,849.57
Total
13,849.57
QuantitYlnstallation j,500_00 x
unit Price
7.74 x
Factor
1.1929 =
Contraclor's Price Proposal - Detail Page 11 of15
611912017
108
Contractor's Price Proposal - Detail Continues..
Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
No Category Input
115 0'l 74 16 00 0004 MSF SweeperA/acuumlsprayer For Parking Lots, Streets And Roads
Quantity Unit Price Factor Totallnstallation 3,000.00 x 10.96 x 1.1929 = 39,222.55
$39.222.55
116 01 74 19 000015 EA 20CyDumpster(3Ton),ConstructionDebris"tnctudesdetiveryofdumpster, $12,081.69
rental cost, pick-up cost, hauling, and disposal fee. Non-hazardous material.
Quantity Unit Price Factor Totalfnstallation 24.00 x 422.oo * 1.1929 = 12,081.69
117 01 74 19 000029 CY Trees,StumpsAndBrush,LandflllDumpFee $3,151.16
Quantity Unit Price Factor Totallnstallation 160.00 x 16.51 x 1-1929 = 3,151.16
118 01 74 19 000033 CY Asphall,Concrete,GravelAndSubgradeMaterial,Land{illDumpFee $7,206.93
Quantitv Unit Price Factor Totallnstallation 2i6.00 x 27.97 x 1.1gzg = 7,206.93
119 02 32 19 00 0004 CY Test, Entry/Exit Pit Excavation, Backfil And Compaction, By Machine, paved $40,052.81
Areas - Arterial and State Roads
Quantity Unit Price Factor Totallnstallation 400.00 x 83.94 x 1.1929 = 40,052.81
120 02 41 13 130008 SY >9"To14"ByMachine,Break-upAndLeavelnPlaceConcretePaving $106,681-05
Quantity Unit Price Factor Totallnstallation 5,500.00 x 16.26 x 1.1929 = 106,681.05
121 02 41 13 13 OO28 SY >3,, To 6" By Machine, Break-up And Remove Wetded Wire Reinforced $83,455.28
Concrete Paving
Quantity Unit Price Factor Totallnstaflation 5,500.00 x 1272 x 1.'1929 = 83,455 28
122 A2 41 19 130044 LF Saw Cut Bituminous Paving Up To 4" Depth $5.477.80
Quantity Unit Price Factor Totallnstallation 4,100.00 x 1.12 x 1.1929 = 5,477.80
123 02 41 19 130335 SF 8" Thick Reinforced Concrete Wall Cutouts. <24 SF $1,483.51
Quantity Unit Price Factor TotalInstallation 54.00 x 23-03 x 1.1929 = 1,483.51
124 03 05 00 00 0024 CY "Miami Beach Red", lntegral Concrete AdmixtureFor use in sidewalks, curb
and gutters and valley gutters. (lntegral for all modifiers)
Quantity Unit Price Factor TotalInstallation 39.00 x 50.78 x 1.1929 = 2,301.87
125 03 61 16 000001 CY Flowablecrout $176,705.47
Quantity Unit Price Factor Totallnstallation 900.00 x 164.59 x 1.1929 = 176J0537
126 03 61 16 00 0001 CY Flowable Grout $18,063.23
Quantity Unit Price Factor Totallnstallation 92.00 x 164.s9 x 1-1929 = 18,063-23
127 10 t4 29 000024 EA Mounting On Ground With Baselncludes bolts and drilling for bolts.s6s3.07
$2,301.87
Quantity Unit Price Factor Totallnstallation i5.00 x 35.38 x 1.1929 = 633-07
128 10 14 53 000264 EA >10 To 20 SF Sign Area, Remove And Reinstall Sign
Quantity Unit Price Factor Total
$3,418.73
Contractor's Price Proposal - Detail
lnstallation 15.00 x 191.06 x 1-1g2g = 3,418.73
Page 12 of 15
611912017
109
Contractor's Price Proposal - Detail Continues..
Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
No Cateoorv lnout
129 26 05 19 160604 LF 3/c #6, 600 Volt, 90 Degree Celsius, Multi-Conductor Type SOOW Cord (Carol
Carolprene)
Quantity Unit Price Factor
$1,507.35
Totallnstallation 260.00 x 4.86 x 1.1929= 1'507.35
130 26 05 33 13 1878 LF 2" Schedule 40 PVC Conduit With Glued Couplings, Direct Burial
Quanlity Unit Price Factor Totallnstallation 32.00 x 2.1O x 1.'1929= 80.'16
$80.16
131 26 56 13 0000s9 EA 10'High, 3" DiameterAluminum Light Pole, Non-Tapered $6,676.18
Quantity Unit Price Factor TotalInstallation 10.00 x 559.66 x 1.1929 = 6,676.18
132 31 05 13 000004 CY NativecleanFill SoiyDirt-Common $225,091.37
Quantity Unit Price Factor Totallnstallation 11,s2o.oo x 16.38 x 1-1929 = 225,097 37
133 31 05 16 000007 CY #5TstoneAggregateFill(#4To1-) $330,017.13
Quantity Unit Price Factor Totallnstallation 1,471.00 x 37.03 x 1.1929 = 330'017'13
134 31 05 16 000029 CY AggregatePlacementlncludesspreading,Grading,CompactionRolling $164,340-15
Quantity Unit Price Factor Totallnstallation T.41l.oo x 1a.44 x 1.1929 = 164,340'15
135 31 13 13 000012 EA UpTo6-D.B.H.(DiameterAtBreastHeight)TreeRemovaltnctudescuttingup $27,321.23
tree, chipping and loading.
hstailation Quantity unit Price Factor Total
90.00 x 2il.48 x 1.1929= 27,321'23
136 31 13 13 000013 EA >6.To12.D.B.H.(DiameterAtBreastHeight)TreeRemovatlncludescutting $18,214.63
up tree, chipping and loading.
Quantity Unit Price Factor Totallnstallation 40.00 x 381.73 x 1.1929 = 18,214'63
137 31 13 13 000014 EA >12"To24"D.B.H.(DiameterAtBreastHeight)TreeRemovaltnctudescutting $14,571.61
up tree, chipping and loading.
Quantity Unit Price Factor Totallnstallation 24.00 x s08.97 x 1.1929 = 14,571'61
138 31 23 16 13 0003 CY Over 12'Wide, Excavation forTrenching by Machine in Soil $49,746.79
Quantity Unit Price Factor Totallnstallation
1 1 ,520.00 x 3.62 x 1.i 929 = 49,746 79
139 31 23 16 13 0003 0053 MOD For Excavation ln HeavyMet Material (Class C), Add $4,057.89
Quantitylnstallation 2,346.00 x
Unit Price Factor Total
1.45 x 1.1929= 4'057.89
140 31 23 16 '130003 0058 MOD For>1,000,Deduct -$3,050.41
Quantity Unit Price Factor Totallnstallation 2,346.00 x -1.09 x 1.1929 = -3,050 41
141 31 23 16 13 0010 CY Backfitting or Placing Subbase for Trenches with lmported or Stockpiled
Materials by Machine
Quanlity Unit Price Factor Totallnstallation 11,520.00 x 1.68 x 1.1929 = 23,086.91
142 31 23 16 130010 0063 MOD For>1,000,Deduct -$1,083.15
Quantity Unit Price Factor lotallnstallalion 1,816.00 x -0.50 x l:tg2g = -1'083.15
$23,086.91
Page 13 of 15
611912017
Contractor's Price Proposal - Detail
110
Contractor's Price Proposal - Detail Continues..
Work Order Number: 043715.03
Work Order Title: lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
No Cateqorv lnout
143 31 23 '19 000004 LF >100'To 250'ln Length Well Point System Delivery, lnstallation And Removal
Quantity Unit Price Factor
$67,354.00
Totallnstallation 2,160.00 x 26.t+ t 1.1929 = 67,354 00
144 31 24 13 000018 SY Finish Grade Roadway, Parking Areas, Landscaping And Embankments By
Machine
$9,984.19
QuantitvInstallation 19,022.00 x 0.44 x 1.1929= 9,984.19
Unit Price Factor Tolal
145 31 24 13 000020 LF Finish Grade For Curb And Gutter
Quanlitylnstallation 2, j 60.00 x
$1,571.77
Unit Price Factor Total
0.61 x 1.1929= 1,571'77
146 31 24 13 0OAO24 CY LoadExcessMaterialForRemovalForRoadways,ParkingAreas, $41,913.73
Landscaping and Embankments by Machine
Quantity Unit Price Factor Totallnstallation 11,520.00 x 3.0S x 1.1929 = 41,913.73
147 31 24 13 OOOO24 0049 MOD For>1,000,Deduct -$1,709.86
Quantity Unit Price Factor Totallnstallation 3,116.00 x -0.46 x 1.1929 = -1,709 86
148 31 25 14 230013 LF 10'HighTurbiditycurtain $13,855.53
Quantity Unil Price Factor Total
f nstallation 500.00 x 23.23 x 1 .1929 = 13,855 53
149 31 25 14 260015 LF 41. Total Height Super Sitt Fence, 8" Betow Ground, Gatvanized Chain Link, $12,574.12
Wilh 2-112 Posts, t 0' On Center With Geotextile Fabric Attached
Quantity Unit Price Factor Totallnstallation 2,160.00 x 4.88 x 1.1929 = 12,574''12
150 31 41 16 130002 TON ShoringFor15'Excavation,22PSFSteelSheeting,PullAndSalvage $171,580.06
Quantity Unit Price Factor Totallnstallation 120.00 x 1,198.62 x 'r.1929 = 171,580'06
151 31 41 16 13 0002 01'12 MOD For Lightweight Steel Sheeting 8.6 And 9.2 PSF, Add $7,455.63
Quantity Unit Price Factor Totallnstallation 20.00 x 31z.so x 1.1929 = 7'455'63
152 31 41 16 130003 TON ShoringFor20'Excavation,2TPSFSteelSheeting,PullAndSalvage $258,030.53
Quantity Unit Price Factor Totallnstallation 175.00 x 1,236.03 x 1.1929 = 258,030'53
153 31 41 16 130006 TON ShoringFor35'Excavation,3SPSFSteelSheeting,PullAndSalvage $1,999,181-i1
Ouantity Unit Price Factor Totallnstallation i,000.00 x 1,675.90 x 1,1929 = ,999,181.11
154 32 01 16 71 0003 SY Production Cold Milling Of Asphalt Up To 3" Depth $7.008.53
Quantity Unit Price Factor Totallnstallation 2,8g0.00 x 2.O4 x 1.1g2g= 7,008.53
155 32 12 16 13 0066 TON Friction Course Without Rubber, FC-6, 9.5 $63,814.95
Quantity Unit Price Factor Totallnstallation 342.00 x 1s6.42 x 1.1929 = 63,814 95
156 32 12 16 130066 0442 MOD For>1oTo2o,Add $746.28
Quantity Unit Price Factor Totallnstallation 20.00 x 31.28 x 1.1929 = 746'28
157 32 12 16 130072 TON SuperpaveTrafficc, SP-9.5 $50,04't.82
Quantity Unit Price Factor Totallnstallation g4z.oo x 122.66 x 1.1929 = 50,041 82
Page 14 of 15
6t1912017
Contractor's Price Proposal - Detail
111
Contractor's Price Proposal - Detail Continues..
Work Order Number:
Work Order Title:
043715.03
lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
No Gateoorv lnput
158 32 12 16 130072 0442 MOD For >10 To 20, Add
Quantitylnslallation 20.00 x
$585.24
Unit Price
24.53
Factor
r.rgeg =
Total
585.24
159 32 12 16 130073 TON Superpave Base Course, SP-12.5
QuantitYlnstallation 500.00 x
Unit Price
122.66
Factor
1.1929
$73,1 60.56
Total
73,160.56
160 32 '12 16 '13 0075 TON Superpave Traffic C, SP-12.5
Quantitylnstallation 20g.00 x
Unit Price
122.66
Factor
1.1929 =
$30,434.79
Total
30,434.79
161 32 12 16 130075 TON Superpave Traffic C, SP-12.5
lnstallation
Ouantity
342.00 x
Unit Prico
122.66
Factor
1.1929 =
$50.041.82
Total
50,041.82
162 32 12 16 130075 0442 MOD For>10To20,Add
QuantitYlnstallation 20.00 x
s585.24
Unit Price
24.53 x
Factor
1.1929
Total
585.24
163 32 12 33 000003 SY Double Course Bituminous Treatment, Prepare And Clean Surface Roadway
Quantity Unit Price Factorlnstallation 755.00 x 3.25 x 1.1929 =
$2.927.08
Total
2,927.08
164 32 16 13 130041 LF City Of Miami Beach Replacement, Reinforced Straight, 12" x24" Concrele
Curb And Gutter
Ouantity Unit Price Factor
$61,71 1.10
Total
61.711.10lnstallation 2,160.00 x 23.95 x 11929 -
165 33 01 30 51 0074 EA Vacuum Out 3 To '10 Catch Basins Or Manholeslncludes vacuum pump
equipment.
$13,947.05
Quantity Unit Pricelnstallation 18.00 x 649_54
Factor
't.1929
Totial
13,947.05
166 33 39 13 000086 EA 6' Diameter x 8'Thick Precast Manhole Top Cone $3,794.64
QuantitYlnstallation 6.00 x
corbel for risers
Unit Price
530.17
Factor
t.tgzg =
Total
3,794.64
167 33 39 13 000183 EA 24" Diameter x 400 LB Regular Cast lron Manhole Cover with Frame, City Type
Quantitylnstallation 6.00 x
manhole cover8
$4,895.30
unit Price
683.95 x
Factor
1.1929
Iotal
4,895.30
168 33 41 13 00 0011 LF 42" Diameter Class lll Reinforced Concrete Pipe Without Gaskets $4,216.28
Quantity Unit Price
98.18 x
Factor
1.1929 =
Total
4,216.28lnstallation 36.00 x
Riser Pipe for Manhole
Subtotal for No Category lnput $6,220,612.91
Proposal Total
This total represents lhe correct total for lhe proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
The Percentage of NPP on this Proposal: 0.82%
$9,000,000.00
ContractoFs Price Proposal - Detail Page 15 ot 15
611912017
112
@IQC?Ti-e cono'[ffiTFSubcontractor Listing
Date:
Re:
June 19, 2017
IQC Master Contract #:
Work Order #:
Owner PO #:
Tltle:
Contractor:
Proposal Value:
FL.MDCAU06.O52Ol 4.DMS
04371 5.03
lndian Creek Storm Water Drainage lmprovements Supplemental PO extension
David Mancini & Sons, lnc.
$9,000,000.00
Subcontractor Listing Page 1 of 1
6t19t2017
113
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116
Asenda ttem fl7 Y
Date 7Qb'17MIAMIBEACH
City of Miomi Beqch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Raul J. Aguila, City Attornere&rJ-
DATE: July 26,2017
SUBJECT: AGENDA ITEM R7Y (NORTH SHORE TENNIS CENTER PILOT
PROGRAM MING AGREEMENT)
Please substitute the attached Resolution and Agreement pages from those originally
included in the City Commission Agenda that was printed on July 19,2017.
The attached Resolution and substitute Agreement pages are consistent with the City
Manager's recommendation that, if approved, the Agreement between the City and Van
Daalen Tennis, LLC, for programming at the North Shore Tennis Center, is for a one
(1) year Pilot Agreement, with no renewal option.
Attachment
Resolution
Substituted pages for Van Daalen Tennis, LLC Management Agreement
RJNmmm
117
CORRECTED ON7I2OI17
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITYOF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN
RECOMMENDATTON OF THE CtTy MANAGER (AS SET FORTH tN THECITY COMMISSION MEMORANDUM AGCOMPANYING THIS
RESOLUTION) AND WA!V!NG, By 5/7rH VOTE, THE COMPETIT|VE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE GITY; AND APPROVING, IN SUBSTANTIAL FORM,
THE ATTACHED ONE (1) YEAR PILOT MANAGEMENT AGREEMENT
BETWEEN THE CITY AND VAN DAALEN TENNIS, LLG FOR
PROGRAMMING AT THE CITY'S NORTH SHORE TENNIS CENTER;
THREE (3) RENEWAT OPT|ONS OF ONE (1) YEAR EACH, SUBJECT TO
FINAL NEGOTIATION OF THE AGREEMENT BY THE GITY
ADMINISTRATION, AND SUBJECT TO LEGAL REVIEW AND FORM
APPROVAL BY THE CITY ATTORNEY; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXEGUTE THE FINAL AGREEMENT.
WHEREAS, on April 26,2017, City Commission referred the item regarding insourcing of
North Shore Tennis to the Neighborhoods and Community Affairs Committee ('NCAC"), in light
of several emails that Administration and Commission received regarding the teaching
professionals at North Shore Tennis Center ("the Cente/') ;and
WHEREAS, at the May 19, 2017 NCAC meeting, the Committee moved to refer the item
to the Finance and Citywide Projects Committee ("FCWPC"), and directed staff to identify
potential operating models, outlining their flnancial implications for consideration as part of the
budgeting process; and
WHEREAS, in the essence of time, a special FCWPC meeting was noticed for June 5,
2017 and following direction from NCAC, Staff identified the outsourcing of programming and
instruction and the insourcing of the Center's operations as a potential operating model (Exhibit
B to the item); and
WHEREAS, in this model, the Center's hours of operation would be 7:30 a.m. to 9:30
p.m., 7 days a week, and the City would be responsible for the front desk, reservation and
software system, money collection, maintenance of courts and overall facility and other tasks or
duties as needed; and
WHEREAS, additionally, all membership and court fees would stay with City.
Programming instruction would be contracted out through either Professional Service
Agreements or lndependent Contractor Agreements; and
WHEREAS, the FCWPC directed statf to implement this model and to work with the
Office of Budget and Performance lmprovement to allocate funding for positions and operating
expenses; and
WHEREAS, in order to prevent the interruption of the current programming and
instruction at the North Shore Tennis Center, the Administration recommends entering into a
Pilot Management Agreement with Van Daalen Tennis, LLC for a period of one year beginning
August 1, 2017 and after the one year pilot, the City will evaluate the performance of Van
Daalen Tennis, LLC as it relates to customer satisfaction, revenue generated, program offerings
and expenses incurred; and
118
CORRECTED ON7I2OI17
WHEREAS, it is understood that if the City is dissatisfied with the performance, revenue
or programming deliverables of Van Daalen Tennis, LLC after the pilot one year program, the
City will terminate the Agreement and explore other options; and
WHEREAS, Martin Van Daalen (principal) has been working at the North Shore Tennis
Center since 2015 serving as the Director of the Miami Beach Tennis Academy; and
WHEREAS, Mr. Van Daalen has many years of experience coaching players such as
Pete Sampras, Mary Pierce and Jennifer Capriati and he is also the former coach of Men's
Tennis for the USTA Player Development program and is the author of Teaching Tennis Volume
1; and
WHEREAS, at the request of the City Commission, on July 7, 2017, a draft coaching
contract was provided to existing third party teaching professionals currently working at the
North Shore Tennis Center by Van Daalen Tennis, LLC and the third party professionals were
asked to review the contract and provide a response to the City by Monday, July 10, 2017; and
WHEREAS, and it is the determination of the City that the contract offered was fair,
reasonable and comparable to tennis industry standards; and
WHEREAS, on July 14, 2017, the third party professionals stated that they were not
interested in signing on due to the exclusivity clause, pertaining to only being allowed to instruct
at the North Shore Tennis Center; and
WHEREAS, the City is stillworking to negotiate with the third party professionals with the
understanding that if an agreement is not reached soon, they will have to cease operations at
the North Shore Tennis Center effective August 1, 2017; and
WHEREAS, the City Manager recommends that the Mayor and City Commission waive
the formal competitive bidding requirement, by a 5/7th' vote, as permitted under Section 2-
367(e) of the City Code, as being in the best interest of the City, and approve, in substantial
form, the agreement with Van Daalen Tennis, LLC, incorporated herein by reference and
attached to this Resolution as Exhibit "1".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the written recommendation of the City Manager (as set forth in the
City Commission Memorandum accompanying this Resolution) and waive, by 5l7th vote, the
competitive bidding requirement, finding such waiver to be in the best interest of the City; and
approve, in substantial form, the attached one (1) vear Pilot ManagementAgreement between
the City and Van Daalen Tennis, LLC for programming at the City's North Shore Tennis Center;
yeer-ee€h, subject to final negotiation of the Agreement by the City Administration, and subject
to legal review and form approval by the City Attorney; and further authorize the Mayor and City
Clerk to execute the final negotiated Agreement.
PASSED and ADOPTED this 26th day of July, 2017.
ATTEST:Philip Levine, tt/ppnOlreD AS TO
FOHM & ISNGUAGE
& FOR FJ(ECUTION
Rafael E. Granado, City Clerk M-rg^'7GityAttomeY Ddo
119
CORRECTED ON 7/20/17
VAN DAALEN TENNIS, LL
oNE (1) YEAR P,,''t LOT MANAGEMENT
AGREEMENT TO PROVIDE
PROGBAMMING AT THE CITY'S
NORTH SHORE TENNIS CENTER
",,.
..-.iairi, ,.
120
1.2
CORRECTED ON 7/20117
ONE (1) YEAR PILOT MANAGEMENT AGREEMENT BETWEEN
CIry OF MIAMI BEACH, FLORIDA AND VAN DAALEN TENNIS, LLC TO
ADMINISTER TENNIS PROGRAMMING AT THE CITY'S NORTH SHORE TENNIS
CENTER
THIS AGREEMENT made the _ day of _, 2017 ("Effective Date"), between the
CITY OF MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter called "City"),
having its principal address at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
VAN DAALEN TENNIS, LLC., a Florida limited liability company, having its principal offices at
15051 Royal Oaks Lane, Apt 1604, North Miami , Florida 33181 (hereinafter called
"coNTRACTOR").
SECTION 1. TERM.
1.1 This Agreement shall be for one year . The Agreement shall be deemed by the parties
hereto to have commenced retroactively, asoSTBD, (the "CommencementDate"), and shall
terminate on TBD.
The Gity shall have the right; at its sele eptien and dieeretien, and previded further that
The fees to participate in CONTR.ACTOR'S tennis programs are set forth in Exhibit
"A" hereto, which ig,incorporated herein by reference. Any changes to the approval
fees shall require prior written approval of the City ilanager, or his designee.
sEcTroN 2. CENTFR WHERE PROGRAM OCCURS2.1 The City has employed the CONTRACTOR, and CONTRACTOR agrees, to managetennis
programming, at the following City-owned recreational facilities (hereinafter such recreational
facilitiesrngl.!" refianed to individually as a "Center" or collectively as the "Centers"):
2.1.1 ''"'{hat certairtGity-owned recreational facility commonly known as the North
The CONTRACTOR is here$ authorized to conduct the following kind(s) of businesses and provide
the following kind(s) of seryi@s within the Centers, all at its sole cost and expense:
3.1 Public Tennis Facilitv.
CONTRACTOR agrees it will use the Center solely for the operation of a first-class tennis
programming facility. This use shall include the operation of the tennis courts and potential
pro shop. CONTRACTOR'S services in connection with the uses set forth herein shall
include those services proposed by CONTRACTOR, as attached and incorporated in Exhibit
"A" hereto, and permitted Special Events (as defined in Section 17) related to such public
tennis center activities; provided, however, that in the event of a conflict between Exhibit "A"
and the terms of this Agreement, the terms of this Agreement shall take precedence.
No other use, business, or services shall be conducted by CONTRACTOR at the Center
without the prior written consent of the City Manager, or his designee.
1.3
121
VAN DAALEN Tennis LLC
COACHII{G CONTRACT
PARTIES
1.1 VAN DAALEN TENNIS LLC. ("hereinafter refered to as Contractor").
1.2
-,
("hereinafter referred to as the Coach") m
DATE OF COMMENCEMENT
2.1 This agreement will commence on:
DURATION OF AGREEMENT
the need for which is not guaranteed
W
than a'/
alist g expertise,
M
3.1 This fixed term contract is a 12 month
The objective grounds for the i this ed term con
permanent contract is the provislbn
4.2 The Coach;$g$,,p ovide servi
.:l t" '".1"a,? "rji;;,ili;r"
Spec.ff$tres to*ffilude:3 Pifu pri.ffite tennis trairrffil'o Be fl%D#.a*l{|d ffifi'g academy players.
inib basis.
nd league teams.
ng players at local tournaments.
ts at North Shore Tennis Center.
addition
security lock,
lessons only.
Contractor.
ide
iiiiril
adilitional or other services as necessary to meet the needs of the
uirements.
be required to provide their own large metal ball basket with
as well as tennis balls in good working condition, for private
Balls to be used for academy and clinic will be provided by
4.5 No coaching and/or training may be conducted outside of those duties
described within this contract at the Nor& Shore Tennis Center.
122
VAN DAALEN Tennis LLC
PLACE OF WORK
5.1 The normal place of work is at the North Shore Tennis Center at 501 72"d
Street, Miami Beach, FL 3314I. The Coach will be expected to perform
his/her duties exclusively at this facility, (only elsewhere if approved by
Director), or may be assigned to other facility from time to time. Failure to do
so may result in termination.
5.2 The coach will be required to book the lessons through the office and all fees
to be paid in the office before services are rendered.
5.3
5.5
5.6
The coach will be part of a team of coaches u
Coaches are required to be PTA
hip of Director of
Coaching, Martin van Daalen, and be willing to
and clinics etc. M
together in the academy
5.4 Coaches will be required to wear offici
proof of membership each year.
Coaches have to follow all guidelines o ,city concerning background test,
drug testing, and permitffi.f-ore working at
6.PAYMENT
6.1 Th".$
coaehi
ne fr4_,.9d amount of $55.00 per hour for private
br thF.rduration of this contract.
6.2 ,ontraiter lil q amount of $50.00 per hour for academy
iCd'F-.,brovided foT-the duration of this contract.
shall pay the fixed amount of $150.00 per day for coaching
aments provided for the duration of this contract.
the provision of coaching services at the discretion of the Contractor. All such
expenses must be vouched by way of copies of bank statements, cleared
checks or credit card statements and copies of receipts which must be provided
to the Contractor. Reimbursement of such expenses will be made directly by
the Contractor.
6.6 Payment will be issued by Contractor bi-weekly. Payment shall be in the form
ofa check or electronic transfer.
.|
123
VAN DAALEN Tennis LLC
Where the Coach is unable to attend a coaching session due to illness, he/she
should inform Contractor as soon as possible. There is no entitlement to sick
pay under the terms of this contract.
Contractor is not responsible for payment for academy, clinic or lessons that
are cancelled due to inclement weather.
7,HOURS OF SERVICE PROVISION
7.1 The Coach shall provide a minimum of no less than 5 hours service a week,
including time on Saturdays, Sundays, public h , and City Special
Events and Programming at times commensurate ffith thri training of athletes
and as agreed with the Conkactor, and this s sidered normal hours.
TERMINATION OF AGREEMENT
%,<
1jjin}lrg to8.1
8.4
8.2
8.3
The Coach may terminate this a
than two weeks notice in writing.
6.7
6.8
9.1
9.2
tor not less
The Contractor may
writing.
ls agreeme
In cases of
Coac
On teiffiltt-bti on of ffis agreementement f,6,fulyhatsoever reason, the Coach must return
ich is irrrffheir possession. The Coach will be liableto ContraEt*i
i.mu"rs3ffiiij:aln5i lffil[d! of or damage to such property, except for
An
!:::::,:
:::::ilctivity engaged in by the Coach must not be such as to interfere
with lfilling of the terms of this agreement with the Contractor which
includ*'a "non-compete" clause whereas &e Coach agrees not to directly or
indirectly compete with the business of the Contractor during the period of
employment including private coaching and/or instruction at other City-owned
neighbourhood tennis courts.
Any employment, self employment, working partnerships or consultancy work
entered into by the Coach must not conflict with the interests of the Contractor
and must have prior written authorisation from the Contractor. Approval may
be given where this activity is not deemed to interfere with the fulfilling of the
Coach duties and responsibilities to the North Shore temis centre and/or where
such activity is deemed not to be in conflict with the interests of the tennis
9 EXTE
tB. ilsw i.iri:::::::::::=
misconduct;'1tl.re-.CI6ntrdb= rves the right to terminate the
ffiwithout notii! or a pay$Ert in lieu thereof.
-J
124
VAN DAAI-F.N Tennis LLC
10
centre. Such approval will not be unreasonably withheld. Any approval or
refusal will be subject to on-going review by the Contractor.
CONFIDENTIAL INFORMATION
10.1 In the course of, or for the purposes of this agreement, the Coach will acquire
or have access to and be entrusted with information which is confidential to
the Contractor, office or tennis centre. It is the Coach duty to observe such
confidentiality. The restriction shall continue to
this agreement.
11 HEALTH AND SAFETY
I acknowledge receipt ofand agree to
set out.
after the termination of
and condit thig coaching agreement as
I1.1 While the Club will, as far as practicffie, effia safe and healthy
environment, the responsibility for perfffulTfualth, s#ffiand welfare while
undertaking the duties of this agreg4ffi -fbsts with thd'Nffich. The Coach
should ensure that the duties are.,p,ffiducted 14king dueshould ensure that the duties are,,p,ffiducted taking due carBrgk{R?}th, safety
and welfare without putting at risk{h,health,safety and weiffif himself,
his colleagues, members of the tennisTffiEs-.a*1i'$tembers of th#flubIc.
"'ffi#""""""',"ffi"* DAALEN TENNIS LLC, Martin van Daalen
Date:
-4-
125
THIS PAGE INTENTIONALLY LEFT BLANK
126
Agenda ltem R? H
oate 7-26-/)
**"r
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
To: Mayor Philip Levine
Members of the City Commission
Jimmy Morales, City Manager
cc: Rafael Granado, City Clerk
COMMISSION MEMORANDUM
From: Raul J. Asuila, City AttornerflfQr\=-
Date: July 26,2017
Subject: Strong-mayor form of government
Pursuant to the request of Commissioner Kristen Rosen Gonzalez, the City Attorney's Office
has researched local governments throughout Florida with strong-mayor forms of government.
Attached is a compilation of ballot questions and charter provisions detailing the powers and
duties of strong mayors in Miami-Dade County, Miami, Hialeah, Jacksonville, Orlando, St.
Petersburg, Tampa, and West Palm Beach. The attached research demonstrates a variety of
ways in which powers may be divided in a strong-mayor system.
lf you have any questions, please do not hesitate to contact me.
127
Miami-Dade County
128
Miami-Dade Elections Page 1 of I
Miami-Dade County Ballot Question (2007)
OFFICIAL SAMPLE BALLOT
Charter Amendment Expanding the Mayor's Responsibilities
and Restricting the Responsibilities of the County Manager
hall the Miami-Dade County Charter be amended to transfer from the County
ion and County Manager to the Mayor certain additional powers and
ies including the authority to:
1. administer County government;
2. appoint the County Manager unless disapproved by supermajority of the
Commission;
3. appoint department directors unless disapproved by supermajority of the
Commission; except as othenruise required by law; and
4. direct, supervise, reprimand or remove the County Manager and department
directors?
,oo
,'to
http ://www.miamidade.gov/elections/s ballots I 012307 -eng.html 7t2y2017129
Miami-Dade County Gharter
ARTICLE 2. - MAYOR
SECTION 2,01.. - ELECTION OF MAYOR.
There shall be elected by the qualified electors of the county at large a Mayor who shall be a qualified
elector residing within the county at least three years before qualifying. The Mayor shall not serve as a
member of the Commission.
SECTION 2.O2. - RESPONSIBILITIES OF THE MAYOR.
The Mayor shall serve as head of the county government with the following specific powers and
responsibilities:
A. The Mayor shall be responsible for the management of all administrative departments of the
County government and for carrying out policies adopted by the Commission. The Mayor, or such
other persons who may be designated by the Mayor, shall execute contracts and other
instruments, and sign bonds and other evidences of indebtedness. The Mayor shall serve as the
head of the County for emergency management purposes.
B. The Mayor shall have the right to attend and be heard at any regular or special open session
meeting of the Commission, but not the right to vote at such meetings.
C. Unless otherwise provided by this Charter, the Mayor shall have the power to appoint all
department directors of the administrative departments of the County. Appointment of these
department directors shall become effective unless disapproved by a twothirds majority of those
Commissioners then in office at the Commission's next regularly scheduled meeting. The Mayor
shall also have the right to suspend, reprimand, remove, or discharge any administrative
department director, with or without cause.
D. The Mayor shall within ten days of final adoption by the Commission, have veto authority over
any legislative, quasi-judicial, zoning, master plan or land use decision of the Commission,
including the budget or any particular component contained therein which was approved by the
Commission; provided, however, that (1) if any revenue item is vetoed, an expenditure item in the
same or greater dollar amount must also be vetoed and (2) the Mayor may not veto the selection
of the chairperson or vice-chairperson of the commission, the enactment of commission
committee rules, the formation of commission committees, or the appointment of members to
commission committees. The Commission may at its next regularly scheduled meeting after the
veto occurs, override that veto by a twothirds vote of the Commissioners present.
E. The Mayor shall prepare and deliver a report on the state of the county to the people of the county
between November 1 and January 31 annually. Such report shall be prepared after consultation
with the Commissioners.
F. The Mayor shall prepare and deliver a budgetary address annually to the people of the county in
March. Such address shall set forth the Mayor's funding priorities for the County.
SECTION 2.03. - TEMPORARY TRANSFER OF MAYORAL POWERS AND RESPONSIBILITIES UPON A
VACANCY OR INCAPACIry IN THE OFFICE OF MAYOR.
Upon a vacancy or incapacity in the Office of Mayor and until such time as the vacancy is filled in
accordance with Section 1.07 of the Charter or the Mayor is no longer incapacitated, the powers and
responsibilities vested by this Charter in the Office of Mayor to head the County for emergency management
purposes, to hire department directors and to recommend waivers of competitive bidding shall be
temporarily vested in the Office of the Chairperson of the County Commission as supplementary powers
and responsibilities of such Office and shall not reside in the Office of Mayor. During such time, if the
Chairperson relinquishes such supplemental powers and responsibilities in writing filed with the Clerk of
130
the Board, such supplemental powers shall be vested in the Office of Vice-Chairperson of the County
Commission. lf the Vice-Chairperson relinquishes such supplemental powers and responsibilities in writing
filed with the Clerk of the Board, such supplemental powers shall be vested in a commissioner chosen by
a majority of those Board members present. The temporary removal and transfer of powers and
responsibilities provided for in this Section shall not be construed to fill the vacancy in the Office of Mayor.
lmmediately upon filling the vacancy in the Office of Mayor the powers and responsibilities vested in the
Office of Mayor shall be as provided in this Charter without regard to this Section. The Board shall by
ordinance establish a definition of incapacity in the Office of Mayor for purposes of this Section.
Page 2
131
City of Miami
132
rp'r.g.Bti;
{.
City of Miami Ballot Question (1997)
J -97 -406
7/3/e7
REsolrurroN No. 97- 447
A RESOTJUTION, WITH ATTACHI{ENTS, APPROVING,
SETTING FORTH AND SI'BMITTING TO THE
BI,B TORATE A PROPOSED CHARTER AMENDMENT,
AIVTBNDING lItE CHARTER OF TIIE CITy OF MIAMI ,FLORIDA, AS AI\4ENDED, IGiIOWN AS CI{ARTER
AI4ENDMENT NO. 1. TO PROVIDE, CO,IMENCING IN
NOVEMBER, L997, FOR A NON-VOTTNG BXECUTTVE
MAYOR ELECTED CITY-I{TDB WHO WII,L NO(r BE A
MEMBER OF THB CITY COMMISSTON, AT.ID FIVE (5)
COMMISSIONERS FROM FIVE (5) DISTRI TS WITH
BOUNDARIES DELINEATED BY THE COMMISSION, AlilD
AUIIORIZING TIIE trlAYOR TO: (1) EXERCISE VETO
POWBR, SITBJECI TO CO'IMISSION OVERRIDE; l2l
APPOINI AND REMOVE THE CIfy MANAGER, St BJECT
TO COI.{MISSION REVIEW At{D VETO OVERRIDE; (3)
APPOINT COMMIITEES; AND ( ) DELIVER Al.I ANNUAL
BI,DGET ADDRESS,. MORE PARTICI,I,ARLY BY AII{ENDING
sEgrroNs 4, 7, 8, 9, 10, L2, 14, 15, L6, 2t
AI.ID 42 Ol' SAID CIIARTER; CALf.ING AriID PROVIDING
FOR A SPECIAI, MT'NICIPAI. ET.ECTION TO BE HEI,D
TIIE 4TH DAY OF SEPTEMBER, 1997, FOR THE
PT'RPOSE OP SI'BMITTING CHARTER AI{ENDMENT NO. 1
TO THE ELECTORATE AT SAID EI,ECTION;
DBSIGNATING AI{D APPOINTING THE CITT CLBRK AS
THE OFFICIAI, REPRESEIiITATIVE OF THE CITY
COMMISSION WITH RESPEET TO THE USE OF VOTER
REGISTRATION BOOKS AI{D RECORDS; FITRTIIER
DIRECTING IIIE CITY CLERK TO CAUSE A CERTIFIED
COPY OF THE HEREIN RBSOIJIITION TO BE DEIJIVERED
TO TIIE SI'PBRVISOR OF ELECTIONS OF
MEtROPOLITAT.I DADE COUNTY, FLORfDA, NOtr LBSS
TIIAN 45 DAYS PRIOR TO TIIE DATE OF SUCH
SPECIAI, MT'NICIPAL ELECTION.
WHEREAS, on .TuIy 1, L997, by iEs adopEion of ResoluEion
No. 97-444, the Citsy Cornmission direcEed the CiEy AEtorney tso
prepare the herein propo8ed CharEer Amendment.; and
CITY COMMISSION
MEETING OE
JUL 0 3 ls97
Rsgoludoo No.
97-
AITACHMENI (S)
(OII IAINED
133
[:.
dltif'Eti.
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ViIHEREAS, the Cicy Attorneyts draft of Ehe proposed Charter
amendment is set, fortsh in its flnaL form j.n tshis Resolution, sald
draft being eubmiEted to tshe etecEors of Ehe CiEy this daEe by
means of Ehe herein ResoluEion; and
WHER.E,A.S, t,he propoEed amendment, shal1 be subrniEEed t,o t,he
electsoraEe aE a special municipal electsion on SepEember 4, L997,
aB called for and provided herein, and shalL become effect.lve
upon approval by the e1ecEors,'
NOW, TIIEREFORE, BE IT RESOI.VED BY THE COMMISSION OF THE CIT.Y
OF MfAMI, FLORIDA:
Section 1. The reciEals and findings conEained in Ehe
Preamble Eo Ehis ReEolutsion are hereby adoptsed by reference
t.hereEo and incorporaEed herein as if fully seE forth in Ehis
Sectsion.
Sect,ion 2.
L6, 2L and 42
(CtrapEer L0847,
proposed Eo be
(a) sections 4, 7, 8, 9, 10, L2' L4, 15,
of t,he Chartser of Ehe CiEy of Miami, Florida
Iraws of F'lorLda, as amended) , are hereby
amended in Ehe following partsiculars:1/
L/words and/or figures stricken Ehrough shaIl be deleEed.
Underscored wordi and/or figures shaIl be added. The
remaining provlsj.ons are now in effecE and remain unchanged.
esteriskE indicate omit,Eed and unchanged mauerlal.
9?- 44?
134
,r$i*!iil:l,{
ISeq. {.
(a)
Forn of goverDneDE.
Genera.L description.elect{on of the mayor in 1qo7, TLhe form of government,of Ehe Clt,y of Miaml, Florida, provided for under t,hischarter shall be known as Ehe "mayoEcormissioner-saaeger plan and t,he conunission shall consist of fiveciti.zens, who are qualified vot,ers of t,he city and whoshall be elecEed at+a*ge from dietricte in t,he manner
hereLnaft,er provided. The Comnlssion shall constiEutethe governing body wlth powers (as hereinafEerprovided) to pass ordinances.i- adopE regulaEions and
exercise all povrers conferred upon t,he ciEy excepE as
hereinafEer provl-dedr-+nd The meyor eha'l'l erreroise a'll
appoint. a chlefa&rdnistrative officer Eo be known as the "citymanagerrr.
(b) Blection ot Nayr,:-aad, cotlnisslon; terms ofoffice, tecal7. eorfiYrencing with tshe eleetion or t'he
mayor in 1997. +r}rere sfatt tp etec
e'l ectorE of the ei ty at :l erge a Mayor tirho shal l he e
qrra] I f i ed e] eetor resi di ng w'i thi n the citsy al. 'l east one(1'l yea? hofore qrra]ifying and must maintsain an actsua]
and real residence for the dural'ion of his term The
The cormission shal-l- consisE of five members lvhoshall be elected from di stri et-s wi thi n E,he eit,y ag+a-ge++€rcips numbered + -J.- Ehrough v q €ae-e8ea*d eenf,r*eel ener* s,hall "e Ehe- maye- and shall be
eleeeee sy ene peep
@ AJ.I persons desiring to qualify
for comrnissj.oners 6ha11 fiLe in greupe districts
nUmbered ;f+ 1 through V q . eonrni lrsloner in
di-stri ct numbered 1 sha'l'l lre e'l eeted at f he ganeral
eleetion to he held in the year 1qq7 and Fhal1 Eervefo? F tr.ro year term- COrUniSSiOnerB in gfOUIlg' disfriets
numbered;f 1 and H E shall be elecEed at t,he
general. elecEions t,o be held in tshe year Ig# 19.a2 and
aE each general- electsion each four years EhereafEer.
Cornnissioners in gi=eutrr dislricte numbered iHI I .tl 2 and 4 shall be elect.ed ats t,he general
elect,ions Eo be held in Ehe year il9.l5.? lqqQ and at each
generaL elecEion each four years Ehereaftser.
The mayor shall be elect,ed at, t,he general elect,ionin t,he ]Iear iL9&9 1oq7 and aE each general election eachfour years thereafter and shall hold office for a t,erm
of four years.
9? - "L4?
135
,$if,i.*[i;
',!.,
The mayor and all comnissloners [are] Eo holdoffice unEtl their suceeggors are elecE.ed and quallfiedfrom t,welve orcLock noon of t,he day aft.er Ehe canvaesof the voE,e and the declaraeion of t.he result. of Eheelect,Lon. The mayor and all ocher members of thecormLselon ehall be subJect Eo recall-. Vacancies shaLlbe fi.lled as provided ln sect.ion 12 of Ehe chart.er ofthe City of Ml-ami.
If a candldat.e for office of mayor or conunissionerrecel-ves a majoriey of votes in Ehe primary election lnhis group, he shal1 be considered eLect,ed upon andaft,er Ehe canvass of t.he voEe and t,he declarat,ion of
t.he resul-t, of the elect,ion as hereinaft,er provlded. If
t,here be no majoriEy, two candidaEes for nominat,ion t,ot.he office of mayor or conrnlssioner who receive t,hegreateEE voEe in t,he primary election in each groupshall be placed on t.he bal.l"ot aE Ehe nexts regularmunicipal. elecEion following tshe primary as provlded inEection 7 of t.his chart.er. The candidat.e fornomlnation receiving the greatesc voE,e in t.he reg,r.rlarmunicipal elecEion following the primary electsion, if
oEherwise qualified, shall be elecEed Eo office fromthe group in which he is gualified.
Any incumbent corunissioner desiring Eo run for Eheoffice of mayor shall presenc an irrevocableresignat,ion of his office of cit,y conrnissioner to Ehecit.y conunlssion nots les8 E,han ninety days prior Eo Ehedate of elecEion, wheEher primary or general, and saidresignaEion shall become effectlve on Ehe daEe of Eheelect,ion. Upon receipt, of said resignation t.hecomnlssion sha1l make public announcement, of E,heresignaE,ion and insEruct, the clerk t,o accepE qualified
candidaE,es t,o run for etectsion for Ehe un$q)ired t,ermof t,he cournissioner resigning for the pur?ose ofrunning for mayor. If any mayor or conunissioner
elect,ed under Ehe provisione of this act, desires Eo runfor some elect.ive office oEher than t.he mayor or ciEycottuttissioner, then under Buch circumstances he shallnoE be required tso resign his city office unless anduntsil he has been eLect,ed tso such other elecEiveoffice. In E,he event thaE such nayor or comnissioneris elecEed t,o 6uch ot.her elect,ive office oE,her EhanEhat of mayor or conunissioner, he shall imnediaEelyresign hj.s office as mayor or conrnissioner and upon hlsfailure or refusal Eo do Eo he shaLl be discharged and
ousEed from his office and saLd office declared vaeantsby a majority vot.e of the remaining members of t.he ciEy
comnission.
97- 44?
4-
136
.I''
,ttr'1.:fri!fi,
\
I
(c) QuaJJflcatJons of mayor and commission;
e4l@x+ commJssloners* and other offlcers and erlpfoyeesnot to De jnterested ln contractsr eEe.; franks, freetjclets, passes ot service. eornmencing wit.h tshe
e].erltsion of mayor {n 1qo?. +ihe--maf6f--and l{menhefS oft.he comnission shall he residenEs of Ehe ciEy ror atleaeE ona llLyearrprior fo quallfying and S.bALL haveEhe gualificat,ions of electora t.herein* Furtsher.
memhere of tlur conrm{sslon shal] have resided witshtn the
el ectlor - .|'hoEe cormri ssi onerF e] eatcd { n 1 qa? mrrql
teside ln the dlsFricl. fhey are e]ected to repreEent
t.riFhin th?ee (11 monthr after tshc e'leots.ion. and
maintaln an actsua] and rea'l residenee fcrr the duration
of the.ir term of office The mayor. €COmiSSiOnefS.,and otsher officers and employees shall noE beinEeresEed 1n t,he prof lts or emolumenE,E of anycontract, job, work or service for t,he municipalitsy.IRy The maypr or any conrnissioner who shall cease Eo
poEses8 any of Ehe gualtflcat.ions herein required shaII
fort,hwit.h forfett his office, and any such conEract in
which any member is or may become int,erest.ed may be
declared void by t.he cornrni.ssion.
No meyor, corunissioner* or oEher officer or
emSlJ-oyee of sald cit,y sha11 accept any f rank, freeElckeE, paEs or service directsly or indirectsly, fromany person, firm or corporaEion upon terma morefavorable than are granEed tso uhe publlc genera].ly.
Any violat,lon of Ehe provisj.ons of Ehis sectlon sha1lbe a nrisdemeanor. Such prohibitsion of free serviceshaLl not apply t,o policemen or firemen in uniform or
wearlng Ehei-r official badges, wtlere same is provided
by ordinance.
(d) Commjssion to be Judge of its own election;not to dictate appointnents by or Lnterfere with city
manager. Conrmencing witsh tha el ect'ion 6f the mayor in
L99J., iPthe conunission shall be Ehe judge of Ehe
elecEion and gralificat.lon 9f tshe mayor and of it.s oun
me[Ucers, Er.rbjecE tso review by Ehe court,s. Neit,her t,hemeyor. coBmission+ nor any of tEs conunit,t,ees or membersshall dictaEe t,he appoinEmenE of any person tso officeor employmenE by the ciEy manager, or in any mannerintserfere wiEh the city manager or prevenE him fromexerciaing his orrn judgment j.n t,he appolntmenc ofofficers and employees in Ehe adminl-6t,rat,ive servj.ce.Except for the purpose of lnquiry, the mayor, Ehe
cortrrisslon+ and ltE memlcerg shaIl deal wit,h Eheadminist,rat,ive servLce sole1y tshrough t,he city rnanager,and neilher t,he mayor nor Ehe C9mni6gion* nor any
member Ehereof shall give orders tso any of Ehe
9?- 447
137
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BubordinaE,eB of tshe city manager, eiEher publlcly orprivately. Any such dicEation, prevenEion, orders or
oEher int.erference on the part, of rhe mayor or a memberof Ehe comlriBsion wit,h t,he a&ninisLratslon of Ehe ciEy
shal1 be deemed E,o be violatsion of Ehe charter, and
uBon convicEion before €he--€+Efrctir€ a. court of
competent Jurisdicrion any 6esbeq9 {nd:lwldual so
convictsed shall be subjects Eo a fine noE exceeding flve
hundred dollars ($500.00) or imprisonmenE for a Eerm of
noE exceeding sixt,y days or boEh, and in the discreEionof the court shall forfeiE his office.
(e) Electl.on of officers by conwtissJ.on; rul.es of
conmissToni quorum. eomrnenci ng rrri l-h the electi (]n of
|-he mayor in 1qo?, +the conrnission sha1I elecE a ciEy
maaagerr,.+ clerk- a.nd a ciEy attorneyT-+judg+et-tJre, buE no
member of Ehe conmission or the meycrr shall be chosen
as manager or a8 a member of E,he civil service
eem*ee+ers hoard or appol.nEed Eo any ot,her clEy office
or emplo)rmenE. The commisBion may det,ermlne iEs own
rules of procedure, may punish its own members for
misconducts and may comPe1 attendance of members. A
maJority of all the mernbers of Ehe comnission shall
constsitute a quorum go do business, but a smaller
number may adjourn from tsime to cime.
(f) Meetings of commission; to act by ordinance
or re1olution; torm ot, manneI. of passage and
pubTlcation of ordinances. eonrmenoing with tshe e]e'tion
Af Fh6 mryor in 19q7, *at Ewelve otclock noon on tshe
day che mayo- o- cornmissioners take office, Ehey sha11
meets ac Ehe ciEy haI1. ThereafEer Ehe comnission shall
meets aE euch Eime and place as may be prescribed by
ordinance or resoluEion. The meeEings of the
comnission and alt sessions of conmiEtees of Ehe
condnission shall- be public. Ehe comnission shall acE
only by ordinance or wriEEen resoluElon; and aI1
ordlnanies and resolutions, except ordinances making
appropriatsion8, sha1l be confined Eo one subjecu which
sliff be clearly oqrressed in tshe Eit1e. The
ordinances maklng appropriations sha1l be confined Eo
Ehe BubjecE of aPpropriaEions. No ordinance shall be
pa8Eed untif iE has been read on Ewo seParaEe_days-or
Ehe requiremenE of readings on Ewo seParaEe days has
been dlspensed with by a four-fiftshs vot,e of tshe
membere of ttre commission. Ordinances shall be read by
EltsLe on1y. Copies of proposed ordinances shall be
furniEhed to fJre--mayor-and each cornnissioner and shall
be made avallable Eo aII lntserest,ed personE. The ayes
and noes shall be Eaken upon tshe passage of all
ordlnances or resolutsions and enEered upon Ehe journal
of proceedings of the couunission, and every ordinance
or resoluEion shalL regulre on final paEEage, t,he
:
h,
6-97- 447
138
,ir'.iifi-lrii',
t.
-\
affirmat.ive votse of a majoriEy of all the members. Nomenber Ehall be excueed from voEing excepE on mat,t,ersinvotvJ.ng the considleration of -hls bwn officlalconducE, or when his financlal intsereaEEi are involved.
(g) Powers and duties of mayor. Cormnencing wlth
nouers-nd-ruLi-eE:
(1) The mayor chaJ*.may @
is
with Ehe aut.horit,y to designate anot,hermember of t,he cormnission Eo ser:lre aapresiding officer.
Ol He shall be recogmlzed as t,he official
head of t,he city for all ceremontal purpoEes,by Ehe courEs for Ehe purpose of servj.ngcivil process, and by t,he governor formiliEary purposes.
{1) In Eime of public danger or emergency,he may, with Ehe consent, of Ehe
cormni"ssionerE, take comnand of t.he poJ,ice andmaintain order and entorce t.he laws.
(41 During his absence or disabiliEy hisduties shall be performed by a$€t+e+.member
the mayortE
deFigreF who sha]'l hF a memhFr of t.he city
contmi ssi on - Ilowewer. i n thc cwcnt that f ha
l'he conrmi sgi on.
lq) .nhe mayor sha'l 1, eri thin tsen daye of
f{na'l adoption hy the ecrnmission. hawe vetrr
Judi ci a'l . zoni ng. _B:ster Irl an or land rrsp
deeieion of the aonrmissionr inolrrding t-ha
hrrdget rrr :ny particrr]Fr r:amponent eont-aineal
dreel-a? dlal'l ar ^m6i!nl- mrrcl- a'l cn lra araF^a.I
The r.omri ssi 6n mall. at i ts next reglrlarly
sohadrr'l ed or sFeeia] meeting afler the vclo
6ccurr. oweffide thaf veto hy a forrr-flfthr
vote of l'hp corfinl FEI nnerF preEent rnotrri thstanding eny p?rrwi si ons tso the
9?- 447
officer of the comnisElon
-7-
139
,ri"
.rtciifffti,i
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..onfrary conl'eined ln the oherFer end codF nf
tshe Cit-y of Miam{. E''lorlda Said vetso Power
tlha 1 I i-nel-ude act l ons purertane to eect iong
,o-p rhr^rrah 2Q-D of the citv-.ch;lItgE-
IIarI- apFoi.t tr'e mr.agq;^. olhject to the
iFp?nvaT-witt'ir. ra dayn-of a maip-+t,,y-o.f,, itre-
Ilmowr. t'he manager suhJect to thc
ffiGsionre onndueFing a hearing wtrhtn'lO
EF--r.f sat rt -emovat - attrl the Contm'i sei ot" t s
ilo.-iding the mayorrs act'ioF hy a four-
?i?EIE-vFe or rnisp eo,rminsJoterc rhet i'
F adrtiriona'lty. ttre eor,nmission hy a
EIIJirihs wote nf those oonrminsionere l'hen
Tftf f-Jie sha'l t hp at'] e to remo'ue the
Eanagiel-
(8) The mayor she'l 'l f,rreFar.e and .de'l i vpr a
ilio.t on rtr-e .crarc or-the c'ity rO the l.ensle
IF-rh" ,'{fy lrefween Nowemher r and Janrtarla ?1
iiGTJ!-- .qler, repn-r- st'atl .tte. freFaterl
fffiiliilf arion w'irt" the cornmiss'lonets and
the manager-
(ql
ffigerary aFaress atnrGrty to the. Fe,oFl o=qr
ffitretween .ruty .r and seFtemLar ?o
. lt---El'o.t shat t - t'p F-elated after
ecrnErr'l f ati on wi t. h f he menager -
-8-9?- 447
140
,r..i{niir,i
l.
($5r900r90) per year *e Ee be Ba*dr ae prev*de* *n
+949, errd Ehe Ea+d eerErengaE+en e€ -€,ive-*t&eueard
eteeEee aE Ehe regrtr+
ueveftgeer, +95*: IE *E
($3i500,00) Ee be -aid Ee Ehe mayer eefirn*ee*eneri aE
n
*n
nSec.7. Regular aud Brlnary electsions of
comlsglouerg.
A regiular municipal election for the elecEion ofthe meyor and Ehe comnissioners shalI be held on Ehe
second Tuesday aft.er the first. Monday in November in
odd-nunbered years. A nonparEisan primary elect,ion for
t,he nominatsion of candidat,eE for the mayor and the
comnission shal1 be held on t,he first. Tuesday afEer thefirst Monday in November in odd-nunbered yeara. Anyperaon who shall possess Ehe gualifications requisite
Eo an elector aE Ehe general sEaEe elecEion and shal1
hawe resided in t.he CiEy of Miami for six mont.hB next,
preceding t,he city elect.ion at, which he offers tso vot,e,
and shall have been registered by the city regiEEraEion
books tshat have been prescribed by ordinance, shall bea qual-ified elect,or of t.he city, and al.l. elect,lons heLdin sald city sbaU be conductsed and held according t.o
t,he provisions of t,he general electsion Laws of Ehe
StaEe of Plorlda, except as oEherwise provided for in
Ehe charE,er of t,he City of Miami, and excepE thaE EheciEy comnission shall be substit,uted for a board of
count,y comnissioners. T'he name of any electsor of t,hecity shall be printed upon the primary ballot. as a
candidatse for nominaEion Eo E,he office of meyor and
comnissj.oner upon paying to t,he Cit,y of Miami Ehe sumof one hundred dollars ($100.00) t,o be deposltsed witsh
t,he city clerk as a qualifying fee not. Iess than forty-five days prior Eo the datse of such primary electlon,
and said elecEor shall submiE concurrencly EherewiEh a
sworn sEaCement of his or her name, address, occupaEion
and willingness Eo Eierve, lf elect.ed.
-9 s7- 447
141
,urflill,i
{,
d,
I
Au such quallfying fees ehall be deposlced wlth
the said ciEy clerk no laE,er tshan 6 : 00 p.m. on t'he
fortsy-flftsh day prlor to i:he electlon. "
rsec. 8. 8o!u of, ballotg; what, caadldates lo prlnary
alectloa for rnayor and comlssioaers placed
onballot@.
AII balloEs used in any primary elecElon or
generaL elecEion held under authoriEy of this_ charEer
Etratt be xriEhouE party mark or designat,ion and vriEhout
any insignia or marf of any assoclat,ion or organization
tshereon, and shall be subEEantially Ln the same form as
t,he elect,l-on ballot, used in all general atsaEe
elecElons.
The candidates for nominaEion to t.he office of
eonunissioner who shaIl receiwe Ehe greaEest voEe in che
primary electsion shalt be Placed on Ehe baUots at the-next r6gular municipal election in number noE Eo exceed
double lhe number of corrnissi.oners Eo be elected, buE
where noE more Ehan six candidat.es have been nominated
and legally qualified for Ehe office of comnissioner as
reguired under this
The two {2) cand'idates fclr nrrmlnatlon to tshe
offiee of mayor who sha'l 1 receive the grFatesE. yOE.e ln
Ehe p?imary e'lect'lrrn Hhell he F'laced on the tial]ots Ft
the nevts regrrlar munir.iFa:l eleotion, Frorrided thaf thgy
of f { eE of maytrr Fs r tt
rsec. 9 . wreg ee-eee+eaere eeDec1aration of election; how tie voEe
decided.
At any regutar municipal elecEion held under the
provisions- of t,his chartser, the candidaEes for Ehe
office of conunissioner, in ntrmber equal Eo Ehe number
of conunlssioners tso be elected, who shall have received
the great,esE nunber of voEes casE, shall be declared
elect,ed. A tie between two or more candidatEs for the
office of comniasj-oner shall be decided by Js€+de=F r.Ouft of eorryetent
juri sdieti on.
at any regl'] ar muni cl pa1 e] ecti on he:l d urd6? thc
nrovi r{ons of thiiF eharter. lhe eand'idate for the
rrffir.e of mayor, who ehal] harre receiwed the graatest
numtrer of \roter cast. sheJl tte de.lared elected A tie
-10-s?- 447
142
,'$is$rii
.il
\
hetween the eandidafes for the offiqe of mayor ehal] he
dec{ded try a eourt of competent Jurisdietion.rl
iSsc. 10. DlstlacElon betweeu geueral
uunlclpal electton.
and specj.al
AI1 elecEions held for Ehe elect,ion of mayor and
comnlssioners shall be known as general municipal
elecEions. AIt ot,trer elect,ions held under the
provislone of this charger Ehall be known aE speclal
municlpal elect,ions . "
"Sec.
*
12. Filltng vacaneies {8
cmiesloa.
*
for nayor and
A vacancy on the comnisBion 6r in the offica rrr
aalor caused by deaEh, resigrraEion, or other
causes sha1l be filled witshin Een days afEer such
vacancy occur8 by a majority of t,he remaining
corunissloners and tshe t,erm of office of Ehe person
so appoinued shall be unt,il his successorlsl in
offtce isl.are elected and qualified aE either
(1) Ehe odd-year first, general election for
rnayrr? and commissioners hel-d Pursuant, Eo
secEion 4 of the charter of t,he CiEy of
Miami, or
l2l t,he even-year SEaEe of Florida general
elecEion, aE which election national,
staEe and county offices are fiIled,
whichever occurs first,. In Ehe evenE t,hag the
remalning conunissioners shal1 fail or refuse t,o fill
such vaCancy wit,hin ten days afEer lE occurs, ag
provided heiein, Ehen, and in t,hat evenE, Ehe giEy
Lonunission shaLl call a special election Eo be held at
a datse noE less Ehan thirt,y or more than forEy-five
days aftser Ehe expiration of Ehe said t,en-day period,
foi Ehe pulToae of t.he elecEors selecting su€h flre
mFyor, a -contni.ssioner+ or comnissioners. The. person
who receivee Ehe greaEests number of voEes in said
special elecEion is elecEed and shau be the mayor
and/o. city comnissioner and hl-s t,erm of office shall
be unEil lris or her successor in office iB elecEed andqualified aE Ehe first. general election for qnyrtr
ana/o. comnissioners held pursuanE Eo secEion 4 of the
chart,er tshe Citsy of Miami subsequent Eo t,he special
election held to fill such vacancy.
-11 -e?- 44?
143
il:
,'}1iJ'I.ri]
'n
'l
Should there
comnLsEion, then,persons receivingelectsion shall
cortmigsionerg.
be more E,han one Bucll vacancy t,heand in t.haE, evenE, Ehe person ort.he highest number of voEee in Euchbe the clty cormiseioner or
In Ehe event Ehe conunissioners shall faIl EocoBply wiE,h Eheir duEies aa Eet fort,h herein, then, andin t,hat event,, t,he court is hereby enpowered andauthorized t.o enforce compLiance wit,h t,his acE, or t,ocall Ern elect,ion iEself Eo fill such vacancy orvacancleg on the commisgion.',
rSec. 14. Comisslon nay LnveatJ.gate otflclaltraagactions, actE and coaduet,.
The mayor, conunission+ or comnitt,ee Ehereof ,
, 0dYinvestigat,e E,he financLal transactions of any office or
departmenE of Ehe cj.Ey governmenE, and E,he official act,sand conduct of any citsy official, and by similarinvest,igat,ions may secure informat,ton upon any mat,t,er.In conducting Euch invesE,igat,ions tshe mayrtr*
cormlssion, or any comnittsee thereof , may require t,he
aEEendance of witnesses and t,he product,lon of books,papers and oEher evidence, and for Ehat, puryose maylssue subpoenas whlch shall be signed by Ehe presidingofficer of Ehe conunission or Ehe chairman of such
comriEtsee, as Che caae may be, which may be se:rred and
execuEed by any policeman.
rSec. 15, City aanager-@iots,terili galary, aickaesrs or absencez ranoval .
EdE+ng af€*ee a-pe*nE a e+ts}F manager who Eha*I be tshe
+eae' a;L+ eeparEme*Ee aad ma"' Le Elre head ef 6Eeh
reg+eenE ef E'le e+E!r e' Y+aEE er tshe SEaEe ef pler*€la,
\e merber ef Ehe e+Ey e
eem*eg'en, Ile eha'* reee*ue ^ueh galar1F a^ rnl- be
a-Fe+riE a$eEhe- pers
eeErn+TE*ea, Es aeE fer
dnr*ng Ehe ebse-lee er Eiehne-e ef Eh€ e*Ey nanagerl aeE
L2 9?- 44?
144
r
s7- 447
,r$iiriit{i;
rer€ermed hy Ehe e*Ey
*=
{€+
men$ers; may adepE a €*na} "ese'EEten e€
*eme+a:}-
Colrrnenolng wlfh ihF p]Fction rrf mFyor 1n 1qq7r thF
man:gar ehall tre tha hpad of the adminr'strative hranoh
of the cll-y qowernmenl , The eonrnisn{ oa shal 'l f t v rhe
on thp l.ragist of ttre managFr I !l ErxFcrrt i ve and
adminietrative gua'l'lficatloae- Ar the t{me af the
manegerts aFpointment the manager rreFd not. he a
res'l dent of t'he statc - Neithcr thc m:ryar nor any
degllgqratse a quelified adminiFt?ative officer 6f the
city tr! esEume the dutlea and euthority of the manage?
during periodc of lemForary ahsence or dieahillity nf
the mFnager^
Conmrencing qrith the elect{on of the mey6r in 1qq?.
|-he manager shal1 he raspons'lhle for the arlministrat{on
frf all unifE of the citsy government under t'hF m^naglrrrr
Jur{ Bd{ ct.{ on. arrl frrr cFrrying orrt Fol 1r.{ Fs adrrpt-Fd hy
ttle J:orrmi cei nn - Tha manager or his desi gmae sha'l I
evelcute r.ontrer.ts and other instrrrments, sign honds and
^thar arr{danaoq af 'lndohl-odnaqq
-13 -
eonmi ssl oner shal 1 tie elig,l h'l e for the poe{ f .l on of
mFnagar .trrtng or wJthin t!,rr\ years eftor the cyl\l:.etion
of thFir respertl'ive tennF-
145
.'['i.fiit1,:
q,
)
Neither the mayor nor any eomm'i qe:i onar nhall 'l
direct or relFiesr Fhe ePpo'lntElent of Erny perrron toEor
his or.her remowall from. office try the managrer or any
of tshe menaglprrc Eullordlflatts, or take Fart in tshe
meyor and comm{ se{ onere ehal 'l deal w{ Eh the
adml nl stratiwe se:lrlee sol e'l y throug'h tshe manager and
nel ther Fhe mayor nor any eonmr{ csioner gha'l'l glve
orders to any eubordlnalce of the manager. either
rrubflcry or prlvat'e
nrowisions of Ehis seetion hy the mayor or any
Lonrmissloner shall hp grourrds for his or her remova'l
from offiee hy an act'ion hrought ln the Circuit Corrrt
I
rSec. 16. Same-Powers aad dut'iee.
The powers and duEies of the city manager BhaLl-
be:
(a) To see EhaE Ehe laws arld ordlnances are
enforced.
(b) To appoint, and remove, excepE as hereinprovided, aL1 direcEors of Ehe departments
and atl subordinaE.e offj.cerE and emBloyees in
Ehe departmenEs in bot,h t,he claBBified and
unclassified service; all appoinEment,s t,o be
upon meriE and fitness alone, and ln Eheclassified service all appoinEmenus and
removals Eo be subjecE Eo Ehe civIl service
provisions of Ehis charter.
(c) To exercise conErol over alL departmenEs anddivlsions creatsed hereln or t,hat, may be
hereafEer creaEed by Ehe comnission.
(d) To aEEend aII meeEings of Ehe comldssion witsh
the righE Eo Eake parE in Ehe discussion buE
having no votse.
To recomnend tso t,he -yor and comnission for
adopEion Euch measures as he may deem
necessary or e:(pedienE.
To keep Ehe mayor and comission fu1ly
advised as tso Ehe financiaL conditsion and
need6 of tshe ciEY; and
To perfonn Euch oEher duEies aa may be
Brescribed by Uhis charEer or be required ef
-L4-
(e)
(f)
(g)
97- 44?
146
k"
e7- 44?
,:&iffi.il,;
,r:
him by t-he mayor or
of t.he coruniBaion. rr
ordLnance or resolut,ion
rSec. 21. DeparteenE of Law.
**
The mpyor. corunLseion, Ehe citsy rnanager, tshedirect,or of any deparEment., or any officer or board nogincluded within a departmenE, may require tshe opinlonof, the city aiEorney upon quest,ion of 1aw lnvolving
E,heir respective powers and duties.
*[
Sec.42. Power Eo aDlroLn,t boards or eouiasLons ofcitizens.
The comnlsslon may, aE t,he requegt of t,he mry(]r or
fJre cicy rnanager, appoint. boards or commissions, Eo be
cornposed of such number of cit.izens as the corunissLon
may deem e:<pedient, tso acE in an advisory capacity inconjunct,ion wit,h any one or more of Ehe departsmentss
creaEed or auEhorlzed hereby. The mernbers of all suchboards and conutrissions shall service wit,hout,
co$pensaEion. and may be removed aE any t,ime by amajorit,y vote of t,he commission. n
SecEion 3.In accordance wiE,h Ehe provisions of t,he
CiEy CharEer (ChapEer Lo847, Laws of Florida, 1925, as amended),
and $ 5.03 of the Metsropolitan Home Rule Charter, a spec5.a1
municipal elect,ion is hereby called and direcEed tso be held in
tshe City of Miami, Florida, from 7:00 A.M. unEil 7:00 P.M. on
Thursday, SepEedber 4, L997, for the pur?ose of submiEt,ing t,o
the qualified electors of Ehe Cit,y of Miami for their approval
or disapproval Ehe meaBure known as Charter AmendmenE No. 1.
SecEion 4. The Bpecial municipal elect,j.on shall be held
at, Ehe voE,ing placeB in E,he precLncEs desigmated, all as shown
-15-
147
r$i"{,]i.(i;
{,
f
on Che Il.st, attached heret,o and made a parE hereof and referred
to as Bxhtbtt No. 1 or aa may be designaEed by tshe Supervieor of
Elections of Metropolitsan Dade County, F1orida, Ln conformit,y
wiEh tshe provisions of the general laws of Ehe St,aE,e. The
Precinct ElecEion Clerks and fnspecEors Eo aerve ats eal_d polling
places on said elect.ion datse sha1l be those designat,ed by Ehe
Supenrisor of Elect,iona of Met.ropolit,an Dade Cou[ty, Florida,
for auch puryoEe ln accordance wit,h t.he generat laws ot the
Seat,e. A descript.ion of Ehe regisE.rat,ion books and records
which pert.ain t.o elect.ion precincE,s wholly or parE1y wit,hin t,he
City and which t,he Clty is hereby adopEing and desires Eo use
for holding such special municipal elect,ion is as follows: all
regist,rat.ion cards, books, records and cert,ificatses pert,aining
Eo electors of Ehe CiEy of Miami and esEablished and maint.ained
as official by the Supervisor of Elections of Metropolit,an Dade
Count.y, Florida, in conforraity witsh t,he provisj.ons of t,he
general laws of Ehe Stat.e of Florlda, are hereby adopEed anal
declared t,o be, and shall hereaft.er be recognized and accepEed
as, otficJ-al reglsEration cardE, books, records and cert,ificat,es
of Ehe Clty of Miami.
SecEion 5. In compliance with Sectsion 100.342, Florida
statut.es (1995), tshe city clerk is hereby authorized and
directed to publtsh not,ice of the adopt.ion of the herein
resoluEion and of Ehe provisions hereof, aE lea6t, t,wice, once in
tshe fifth week and once in Ehe third week prior Lo tshe week in
which Ehe aforesaid special municipal elecE,ion is to be held, in
b
-L6-
s7- 447
148
irri:fiil'1i
newspaper(s) of general clrculatsion in Ehe City of MiamJ.,
Florida, whLch notice ehal.l be subst,anEially in the following
form:
trNOTICE OF SPECIAL MI,INICIPAL EIJEqTTON
TO BB HEI.D ON
TTIT'RSDAY, SEPTEMBER 4, L997
IN TIIE CITY OF MIAIUI , FI.ORTDA
PI'RSUAI{T TO RESOLUTION NO. 97-447
A BpEciaI rnunielpal elecEion uill be hgld on Thursday,
September,ll, 199?, from ?:00 A.M. uniil 7:00 P.M. ln the City of
Miami, Florida, aE the polling places tn the several elecElon
precincte designatsed by the Board of county Conunissioners of Dade
counly, Florida, ag sec forth herein, unlesa otsherwige provided by
lar, for lhe purpoBe of BubmitElng to the qualified electors of,
the City of Miami, 8lorida, the following quesEion:
trShall CharEer Amendment, No. 1 be adoptsed t.o
provide, cornmencing in November, L997, for a
non-voEing executive mayor elect,ed Citsy-wide
ltho will not, be a member of Ehe Citsy
Conunission, and five conunissionera from five
disEricts wit,h boundarieB delineaEed by Ehe
Cornnission, and auEhorizing tshe mayor to: (1)
exerciae veEo power, subject tso commission
overridei Q'l appoint and remove Ehe city
managter, subject to Conmrission review; (3)
appoint comnit,tsees; and (4) deliver an annual
budgeE addreBs?rr
CharEer Amendment No. 1 providea, corunencing in
November, ].997, for a non-voEing executive rnayor
electsed CiEy-wide who wilf noE be a member of the ciEy
Connnisslon and five conmissioners from fLve disEricts
wit.h boundaries delineated by the Cormilission, and
autshorizing t.he mayor Eo: (1) exercise vetso polrer,
Bubject, to eolElrisEion override; Ql appoints and remove
the citsy manager, subject to Conunission revJ.ew; (3)
appoinE comiEtsees,' and (41 deliver an annual budget
addre6s?
By order of Ehe Cownisslon of the Cltsy of Miami,
FIorida.
CITT CLERK
A list of CiEy of Miami polling places follows:(Attach lisE of City of Miami Polling Placee.)"
-t7 -9?- 447
149
,trffliail'i,
SecEion 6.The offlcial ballots to be used au said
elect,ion shall be in full compliance vrith the laws of the St,aEe
of Florida with reEpecE Eo absenEee ballots and Eo tshe use of
the mechanical vot,ing machines or the Computer E1ect,lon Syst.em
(hereinafter trCBSn), and eha[ be in EubsEantially the following
form, tso wiE:
IOFFICIAL BATLOT
SPECIAI, MT'NICIPAL ETJECTION
TI{I'RSDAY, SEPTEMBER 4, L997
FOR APPROVAI, OR DISAPPROVAL OF
fHE FOLLOWING QIJESTION:
Charter Amen&nenE Eo providefor non-voLing executsive mayor
and single member disEricEE.
YESGfFe Measure)
NOlEfii-nst t.he Measure)
I'ShaII Charter AmendmentNo. 1 be adopE,ed Eoprovide, corunencing in
November, 1997, for a
non-voEing executlve
mayor elected Clty-wlde
who will not be a memberof Ehe City Conuniseionand five comnissionersfrom five disEri.ct,s wlt,h
boundaries delineated byt,he Corl[nlssion, andauthorizing the rnayorEo: (1) exercise vetopower, subjecE Eo
Conunission override, (21
aPpoinE and remove the
citsy manager, subject to
Couunission review; (3)
aPpoint, comlriEt,ees; atld(4) deliver an annual
budgets addreEs?"
Section ?. Electors desiring tso voEe in approval of
said QuesEion described atrove, shaLL be instrucEed t,o punch
suraight down with Ehe sEylus Ehrough the hole nexts tso Ehe word
-18
9?- 447
150
,ut'tfD,{ii
lj
trYEStr wl.thin the balloE, frame contalning Ehe EEatsemenE relar,ing
to said Quest,lon. ElectorE desiring Eo vote in disapproval of
sald QueBtion, shall be inscructsed to punch Btsraights down wlt,h
tshe Et,yIuB through tshe hole next. t,o the rrord ttNort wiE,hin Ehe
balloE frame contsaining Ehe staEemenE relatsing Eo said Quest,ion.
Section 8.The Ciuy Clerk shall
absenEee balLots cont,aining t.he Que8uion
above for Ehe use of absentee electors
ballot,s in said elecEion.
cause Eo be prepared
seE forEh in Sectsion 5
entitled Eo cast such
Section 9.All qualified electors of sald City shall be
permicEed to voEe in said special municipal elecElon and the
Supervisor of Elect,ion of Met,ropolit,an, Dade CounEy, Florida, iE
hereby reguesEed, auEhorized, and direct,ed t,o furnish, aE cosE
and erq)enae of the City of Miami, a lisE of all guallfled
elecEors reslding Ln Ehe CiEy of Miami as sho!,rn by Ehe
registraElon books and records of t,he offlce of saLd Superrrisor
of Blectlons and duly certsify the same for delivery Eo and for
use by t,he elecEion officlals desigrnaEed to 6erve ats che
respecEive polling places l-n said elect.ion precincts.
Section 10. For Ehe purpose of enabling persons tso
reglsEer who are qualified Eo voEe in said special mrnicipal
elecEion to be heId, on SepEember 4, L997, and who have noE
regist,ered under Ehe provisions of Ehe general laws of Florida
and Chapter 15 of tshe Code of che City of Miami, Florida, or who
-19-97- 447
151
'$il'rit(ill
,:,:
-\
have EranBferred their lega1 residence from one vot,ing precincE
Eo another in t,he City, Ehey may regiEEer Monday t,hrough Friday,
from 8:00 A.M. Eo 5:00 P.M. aE Ehe MeEropolitan Dade County
ElecEions Department, locaEed aE 111 N.l{. 188 SEreet, Mi.ami,
Florlda, wiEhin such perlod of tlme aB Inay be desigmaEed by t,he
Supenrisor of Elections of MeEropolitan Dade CounEy, Florida.
rn additslon t.o t,he above place and t,imes, guallfied persons rnay
regisuer aE such branch offices and may also use any mobile
registraEion van for t,he purpose of registsraEion in order to
voEe in Ehe herein described elecE,ion during 6uch Eime8 and on
such daEes aB may be designatsed by Ehe Supentisor of BlecEions
of Metropotitan Dade County, Plorida.
Section 11. WALTER if. FOEIi4AN, Ehe CiEy Clerk of Ehe Citsy
of Miami, Florida, or his duly appoinEed auccessor, is hereby
designated and appoinEed aE the official representative of the
Comnission of Lhe CiEy of Miami, Florida, in all- Eransactsions
wit.h Ehe Supervisor of Blection of Met,roPolitan Dade Countsy,
Florida, in relaEion tso matsuers perEaining Eo t,he use of t,he
registsrat,ion books and t,he holding of said special municipal
eIectsion.
Sect,ion 12. The CiEy C1erk shall deliver a certified copy
of Ehis Resolutsion Eo tshe Supervisor of Electsions of MeEropoliEan
Dade CounEy, Florida, noE leBs Ehan forEy-five (45) days prior to
t.he datse of t,he hereln special municipal elect,ion.
20
9?- 447
152
,t#irrtii.:
.,*t\
!
,ASSED AND ADOpTED t,his 3rd day of July , 1997.
PREPARED .AND REVIEWED BY:
APPROVED AS TO FORM A}ID CORRBCINESS:
CIIY CI.,BRK
DBPIIIY CINT ATIORNEY
W1.5?5A:BSS
2L
e7- 447
153
(a)
(b)
Miami City Charter
Sec.4. - Form of government; nomination and election.
(c)
General description. The form of government of the City of Miami, Florida, provided for under this
Charter shall be known as the "mayor-city commissioner plan," and the city commission shall consist
of five citizens, who are qualified voters of the city and who shall be elected from districts in the manner
hereinafter provided. The city commission shall constitute the governing body with powers (as
hereinafter provided) to pass ordinances adopt regulations and exercise all powers conferred upon
the city except as hereinafter provided. The mayor shall exercise all powers conferred herein and shall
appoint as provided in section 4(gX6) of this Charter a chief administrative officer to be known as the
"city manager."
Election of mayor and city commission; terms of office; recall. There shall be elected by the qualified
electors of the city at large a mayor who shall be a qualified elector residing within the city at least one
(1) year before qualifying and must maintain a residence in the city for the duration of his or her term.
The mayor shall not serve as a member of the city commission.
The city commission shall consist of five members who shall be elected from districts within the city,
numbered 1 through 5. All persons desiring to run for the office of city commissioner shall file in the
district, numbered 1 through 5, for which they are qualified as provided in subsection (c) of this section
of the Charter. City commissioners in districts numbered 3 and 5 shall be elected at the general
municipal election or runoff election to be held in the year 2001 and at the general municipal election
or runoff election each four years thereafter. City commissioners in districts numbered 1,2, and 4 shall
be elected at the general municipal election or runoff election to be held in the year 2003 and at the
general municipal election or runoff election each four years thereafter.
The mayor shall be elected at large by the electors of the city and shall hold office for a term of four
years.
The mayor and all city commissioners [are] to hold otfice from twelve o'clock noon five days after the
canvass of the vote by the supervisor of elections and the declaration of the result of either 1) the
general municipal election or 2) runotf election and until their successors are elected and qualified.
Commencing with the election to be held in November 2001, and all elections subsequent thereto, no
mayor or city commissioner elected and qualified for two consecutive full terms shall be eligible for
reelection in the next succeeding term. The mayor and all other members of the city commission shall
be subject to recall. Vacancies shall be filled as provided in section 12[.] of the.
lf a candidate for office of mayor or city commissioner receives a majority of votes in the general
municipal election for that office, the candidate shall be considered elected upon and after the canvass
of the vote and the declaration of the result of the election as provided. lf no candidate receives a
majority of the votes for that office, the two candidates for the respective office who received the
greatest number of votes for that office in the general municipal election shall be placed on the ballot
at the runoff election. The candidate receiving the greatest number of votes in the runoff election, shall
be considered elected to the office for which the candidate has qualified.
Qualifications of mayor and city commission; mayor, city commissloners, and other officers and
employees not to be interested in contracts, etc.; franks, free tickets, passes or service. Candidates
for mayor shall be residents of the city for at least one (1) year prior to qualifying and shall be electors
therein. Further, candidates for the city commission shall have resided within the district at least one
(1) year before qualifying and be electors in that district, and shall maintain residence in that district
for the duration of their term of office. The mayor, city commissioners, and other officers and
employees shall not be interested in the profits or emoluments of any contract, job, work or service for
the municipality. The mayor or any city commissioner who shall cease to possess any of the
qualifications herein required shall forthwith forfeit his or her office, and any such contract in which any
member is or may become interested may be declared void by the city commission.
No mayor, city commissioner, or other otficer or employee of said city shall accept any frank, free
ticket, pass or service directly or indirectly, from any person, firm or corporation upon terms more
favorable than are granted to the public generally. Any violation of the provisions of this section shall
154
(d)
be a misdemeanor. Such prohibition of free service shall not apply to police or fire personnel in uniform
or wearing their official badges, where same is provided by ordinance.
City commission to be judge of its own elections; neither mayor nor city commission nor any
committees nor members thereof to dictate appointments by or interfere with city manager. The city
commission shall be the judge of the election and qualifications of the mayor and its own members,
subject to review by the courts. Neither the mayor nor the city commission, nor any committees nor
members thereof shall direct, request, take part in or dictate the appointment or removal of any person
in office or employment by the city manager or subordinates or in any manner interfere with the city
manager or prevent the city manager from exercising his/her own judgment in the appointment of
otficers and employees in the administrative service. Except for the purpose of inquiry and as may be
necessary as provided in section 14, the mayor, the city commission, any committees and members
thereof shall deal with the administrative service solely through the city manager, and neither the
mayor nor the city commission, nor any committees nor members thereof shall give orders to any of
the subordinates of the city manager, city attorney, city clerk and independent auditor general, either
publicly or privately. Any such dictation, prevention, orders or other interference or violation of this
section on the part of the mayor or a member of the city commission or committees shall be deemed
to be violation of the Charter, and upon conviction before a court of competent jurisdiction any
individual so convicted shall be subject to a fine not exceeding five hundred dollars ($500.00) or
imprisonment for a term of not exceeding sixty days or both, and in the discretion of the court shall
forfeit his or her office. Any willful violation of the provisions to this section by the mayor or any city
commissioner shall be grounds for his or her removal from office by an action brought in the Circuit
Court by the state attorney of this county.
Election of officers by city commission; rules of city commission; quorum. The city commission shall
elect a city clerk and a city attorney. No member of the city commission or the mayor shall be chosen
as city manager or as a member of the civil service board or appointed to any other city otfice or
employment. The city commission may determine its own rules of procedure, may punish its own
members for misconduct and may compel attendance of members. A majority of all the members of
the city commission shall constitute a quorum to do business, but a smaller number may adjourn from
time to time.
Meetings of city commission; ordinance to be read by title only. At twelve o'clock noon on the day the
mayor or city commissioners take office, they shall meet at the city hall. Thereafter, the city commission
shall meet at such time and place as may be prescribed by ordinance or resolution. The meetings of
the city commission and all sessions of committees of the city commission shall be public. Ordinances
shall be read by title only. No member shall be excused from voting except on matters involving the
consideration of his or her own official conduct, or where his or her financial interests are involved.
Powers and duties of mayor. The mayor shall serve as the chief executive officer and head of the city
government with the following specific powers and duties:
(1) The mayor shall be the presiding officer of the city commission with the authority to designate
another member of the city commission to serve as presiding officer.
(2) The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the
courts for the purpose of serving civil process, and by the governor for military purposes.
(3) ln time of public danger or emergency, the mayor may declare a state of emergency as provided
in state law and may with the consent of the city commission, take command of the police and
maintain order and enforce the laws.
(4) During the temporary absence or disability, the mayor shall appoint a member of the city
commission to perform the duties of the mayor. However, in the event that the mayor does not or
is unable to make such designation, the city commission shall designate a member of the city
commission to perform the duties of the mayor during the temporary absence or disability of the
mayor by a four-fifths vote of the city commissioners then in office.
(5) The mayor shall, within ten days of final adoption by the city commission, have veto authority over
any legislative, quasi-judicial, zoning, master plan or land use decision of the city commission,
(e)
(0
(g)
Page 2
155
including the budget or any particular component contained therein which was approved by the
city commission; provided, however that if any revenue item is vetoed, an expenditure item in the
same or greater dollar amount must also be vetoed. The city commission may, at its next regularly
scheduled or special meeting after the veto occurs, override that veto by a four-fifths vote of the
city commissioners present, notwithstanding any provisions to the contrary contained in the
Charter and city code. Said veto power shall include actions pursuant to sections 29-B through
29-D of the Charter.
(6) When one person succeeds another in the position of mayor, the successor shall have the right
to appoint the city manager, subject to the approval within 14 days of a majority of the city
commissioners then in office. ln the event of a vacancy in the office of city manager, the mayor
shall appoint the city manager, subject to the approval within 14 days of a majority of the city
commissioners then in office. The mayor may remove the city manager subject to the city
commission's conducting a hearing within 10 days of said removal and the city commission's
overriding the mayor's action by a four-fifths vote of those city commissioners then in office.
Additionally, the city commission by a four-fifths vote of those city commissioners then in office
shall be able to remove the city manager.
(7) The mayor shall establish and appoint the members of all standing and special committees of the
city commission and the chairperson and vice-chairperson of each committee. There shall be as
many standing and special committees of the city commission as deemed necessary by the
Mayor. Standing or special committees of the city commission shall mean those comprised of city
commission members only.
(8) The mayor shall prepare and deliver a report on the state of the city to the people of the city
between November 1 and January 31 annually. Such report shall be prepared after consultation
with the city commissioners and the city manager.
(9) The mayor shall prepare and deliver a budgetary address annually to the people of the city
between July 1 and September 30. Such report shall be prepared after consultation with the city
manager.
(h) Sa/aries of the mayor and commlsslon. Effective on November 4, 2003, there shall be paid to the city
commissioners the sum of $58,200, which is equal to sixty percent of the mayor's salary in effect on
July 16, 2003. Such salary shall be paid per year for each commissioner, in twelve equal installments.
The compensation of the mayor shall be determined by the commission.
(Laws of Fla., ch.15344(1931); Laws of Fla., ch.23401(l9al1, Laws of Fla., ch. 26022Q94\;
Laws of Fla., ch. 31000(1955); Char. Amend. No. 2, $ 1, l-l-60; Char. Amend. No. l,12-l-63;
Char. Amend. No. l, 12-l-65; Ord. No. 88-541, $ 2a, 6-9-88/9-6-88; Res. No. 97-447, 5 2,7-3'
97; Res. No.99-613, $ 3,8-2-99; Res. No.01-843, $ 2,8-9-01; Res. No.03-918, $ 3,9-5-03)
Editor's not* Res. No. 01-843, $ 2, adopted August 9,2001, amended $ 4 in its entirety to
read as herein set out. Formerly, $ 4 pertained to form of government. The historical notation has
been retained for reference purposes.
Case Law reference- Officials provided for in subsection (e) shall be elected and none of them
shall hold office at the will of the city commission when elected, but the city manager when
appointed shall hold office subject to the will of the commission. State v. Bloodworth, 134 Fla.
369,184 So. 1.
Where resolution adopted by the city commission appointing the city clerk failed to fix or state
the period of time he was to hold the said office, clerk was entitled to hold office until the next
Page 3
156
regular city election provided for in this charter unless lawfully removed. Id. See also, State v.
Bloodworth, 135 FLa.525,185 So. 339.
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City of Hialeah
158
Hialeah City Gharter
ARTICLE II. - MAYOR AND CITY COUNCIL
Section 2.O1. - Mayor.
(a) Powers and duties. The mayor, who shall exemplify good citizenship and exhibit a cooperative spirit,
shall have the following powers and duties:
(1) To exercise the executive powers of the city and supervise all departments.
(2) To enforce the charter and ordinances of the city and all applicable county, state or federal general
laws, special laws or ordinances.
(3) To present recommendations to the city council on the requirements of its municipal government.
(4) To appoint, subject to civil service rules and regulations, the head of each department, with the
advice and consent of the city council by an affirmative vote of at least 4 councilmembers.
(5) To suspend, reduce or remove a department head for just cause in accordance with civilservice
rules and regulations. The removal of a department head by the mayor shall only become
etfective when ratified by an affirmative vote of at least 4 councilmembers.
(6) To prepare and submit the mayor's recommended annual budget to the city council. The mayor's
annual budget or individual line items contained therein may be increased or decreased only by
an affirmative vote of at least 5 councilmembers.
(7) To exercise a veto power over ordinances or resolutions adopted by the city council. A veto may
be overridden only by an affirmative vote of at least 5 councilmembers.
(S) To attend all meetings of the city council with authority to participate in discussions, but without
power to vote.
(9) To inquire into the conduct of any municipal office, department, agency or officer and investigate
municipal affairs.
(b) Election and term of office.ln the general election held in November 2001 and in the general election
held in November every four years thereafter, a mayor shall be elected who shall serve for a term of 4
years or until a successor shall be duly qualified and take office.
(c) Vacancies.
(1) Permanent vacancy resulting from death, resignation, recall, court order or other lavvful action.lf
the office of the mayor becomes permanently vacant by reason of death, resignation, recall or
other lawful action, such vacancy shall be filled with the person holding the office of council
president, who shall exercise all authority of the office of mayor and shall perform the duties and
assume the responsibilities of that office and shall become mayor and serve out only that portion
of the former mayor's term that precedes the next regularly scheduled municipal election or state
or federal general election for which there is sufficient time to adopt a special election ordinance
establishing qualifying periods and related provisions, when an election shall be held to fill the
balance of the term, if any.
(2) Temporary vacancy resulting from disability, suspension, court order or other lavtful action. lf the
office of the mayor becomes temporarily vacant by reason of disability, suspension, court order
or other lawful action, the temporary vacancy shall be filled by the person holding the office of
council president, who shall exercise all authority of the office of mayor and who shall perform the
duties and assume the responsibilities of that office and shall serve as acting mayor until the city
council, in the regular course of its business, next appoints a council president, but in no event
for more than 1 year unless reappointed to the position of council president by a majority vote of
the city council. lf the elected mayor is returned to office, the mayor will automatically resume the
duties of the office of mayor for the balance of the term to which elected and the council president,
159
who was serving as acting mayor, will return to the city council to complete the balance of his or
her elected term, if any. The existence of a disability incapacitating the elected mayor from
performing the duties of the office shall be determined by an affirmative vote of at least 5
councilmembers based upon competent, substantial medical evidence.
(d) Term limitations; effective dafe. No person shall be elected to serve as mayor for more than 2
consecutive terms on and after November 13, 1997.
(e) Compensation. The annual salary of the mayor shall be established in the amount of $150,000. The
annual expense account of the mayor shall be established in the amount of $40,000 to defray travel,
per diem, meals and other travel-related expenses in connection with the duties of the mayor. The
combined salary and the expense account shall be the total annual compensation of the mayor. The
salary and expense account shall be provided in the annual budget adopted by ordinance.
(Ord. No. 20ll -46, 7 -26-2011/1 1 -1 -201 1 )
Section 2.O2. - City Council.
(a) Powers and duties. The City Council shall have the following powers and duties:
(1) To legislate for the city by adopting ordinances and resolutions in the best interests of all the
citizens of the city. The city council shall carry out its duties mindful of and with due regard for the
laws of God and country.
(2) To adopt the annual budget and all other appropriations necessary for efficient city government;
to establish financial controls; and to fix the salaries of all elected officials as provided elsewhere
in this charter.
(3) To determine, consistent with this charter, the organization of the city government and the power
and duties assigned to the various departments.
(4) To approve the appointment of department heads by the mayor subject to civil service rules and
regulations.
(5) To ratify the removal of a department head by the mayor, for just cause, in accordance with civil
service rules and regulations, by an affirmative vote of at least 4 councilmembers.
(6) To inquire into the conduct of any municipal office, department, agency or otficer and to
investigate municipal affairs, and for that purpose, may subpoena witnesses, administer oaths
and compel the production of books, papers or other evidence.
(7) To increase or decrease the mayor's budget or any line item within the mayor's budget by an
affirmative vote of at least 5 councilmembers.
(8) To override the mayor's veto of an ordinance or a resolution by an affirmative vote of at least 5
councilmembers.
(b) Election and term of office. ln the general election held in November 1999 and in the general election
held in November every four years thereafter, 4 councilmembers shall be elected, from the city at large
in groups numbered I through lV, who shall each be elected to serve for a term of 4 years or until a
successor shall be duly qualified and take office. ln the general election held in November 2001 and
in the general election in November every 4 years thereafter, 3 councilmembers shall be elected, from
the city at large in groups numbered V through Vll, who shall each be elected to serve for a term of 4
years or until a successor shall be duly qualified and take office.
(c) Vacancies.
(1) Permanent vacancy resulting from death, resignation, recall, court order or other lavvful action. lf
a seat on the city council becomes permanently vacant by reason of death, resignation, recall,
court order or other lawful action, the vacancy shall be filled by appointment, by resolution, of a
qualified elector, who shall also satisfy the residency requirements for candidacy, by an
Page 2
160
affirmative vote of at least 4 councilmembers within 30 days of the occurrence of the vacancy.
The appointee, who shall be known as an acting councilmember, shall exercise all authority of
the office of councilmember, and shall perform the duties and assume the responsibilities of that
office. The acting councilmember shall fill only that portion of the elected councilmember's term
that precedes the next regularly scheduled municipal election or state or federal general election
for which there is sufficient time to adopt a special election ordinance establishing qualifying
periods and related provisions. lf the city council does not fill the vacancy by appointment within
the prescribed time, a special election shall be held at the earliest time permitted by law.
(2) Temporary vacancy resulting from disability, suspension, court order or other lavvful action. lf a
seat on the city council becomes temporarily vacant by reason of disability, suspension, court
order or other laMul action, such temporary vacancy shall be filled by appointment, by resolution,
of a qualified elector, who shall also satisfy the residency requirements for candidacy, by an
affirmative vote of at least 4 councilmembers within 30 days of the occurrence of the vacancy. lf
the city council does not fill the vacancy within the prescribed 30 days, a special election shall be
held at the earliest time permitted by law. The appointee, who shall be known as an acting
councilmember, shall exercise all authority of the office of councilmember, and shall perform the
duties and assume the responsibilities of that office. lf the initially elected councilmember is
returned to office, the initially elected councilmember shall automatically resume the duties of the
office of councilmember for the balance of the elected term and the acting councilmember,
whether appointed or elected pursuant to this section, shall cease to hold office. An appointed or
elected acting councilmember, who assumes office after the council president becomes acting
mayor, shall continue to serve so long as there is an acting mayor and otherwise complies with
the requirements of office. The existence of a disability incapacitating the elected councilmember
from the performance of the duties of the office shall be determined by an affirmative vote of at
least 5 councilmembers based upon competent, substantial medical evidence. lf death,
resignation, recall, court order or other lawful action changes the temporary vacancy into a
permanent vacancy, prior to the initial temporary vacancy having been filled, the now permanent
vacancy will be filled according to the provisions of subparagraph2.02(c)(1). lf the temporary
vacancy had already been filled, then the acting councilperson so appointed or elected would fill
the permanent vacancy consistent with the procedure set forth in subparagraph 2.02(cX1).
Term limitations; effective dafe. No person shall be elected to serve as councilmember for more than
3 consecutive terms on and after November 4, 1997.
Compensation. The annual salary of city councilmembers shall be approved as an annual budgetary
item. Under circumstances where the council president or other elected person pursuant to paragraph
2.01(c) assumes the duties of the mayor, the council president shall receive the mayor's salary during
the performance of the mayor's duties.
Section 2.03. - Recall.
Recall of elected officials shall be according to the provisions of state law, particularly F S S 100.361,
as amended.
(d)
(e)
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City of Jacksonville
162
Jacksonvi!!e City Charter
ARTICLE 6. - THE MAYOR
Section 6.01. - Qualifications and term of office.EI
The mayor shall be a qualified elector of Duval County and a resident of Duval County, and shall have
resided in and been a qualified elector of Duval County for at least 365 consecutive days immediately before
the date on which he or she qualifies to run for the office of mayor. lf he or she shall cease to possess any
such qualifications during his or her term of office, he or she shall forthwith forfeit the office, and the council
shall remove him or her therefrom. He or she shall be elected for a period of 4 years and shall assume
otfice on the first day of July following his or her election and serve until his or her successor is elected and
qualified. No mayor elected and qualified for two consecutive terms shall be eligible for election as mayor
in the next succeeding term. The mayor shall devote his or her entire time to the performance of the duties
of his or her office and shall hold no other public office or public employment.
(Ord.79-821-516, $ 2; Ord. 84-t307-754, $ 4; Laws of Fla., Ch.92-341, $ 1)
Footnotes:
--- (4)---
Case law annotations- The initial term of office provided for in $ 6.01 does not constitute a term of office
as set forth in this section, Vieria v. Slaughter, 318 So.2d 490 (D.C.App., 1975).
Section 6.O2. - Elected constitutional officer.
The mayor shall be considered an elected constitutional officer for purposes of s. 8 of Article ll, of the
Florida Constitution.
(Laws of Fla., Ch.77-582; Ord. 84-1307-754, $ 4; Laws of Fla., Ch. 92-
341, S 1)
Section 6.03. - Compensation.
The mayor shall receive a salary fixed by the council, but no ordinance shall be effective to reduce the
salary of the mayor during any term of the mayor unless adopted or approved by the council at least 90
days prior to the consolidated government election, immediately preceding such term. lf any member of the
council shall later be elected to the office of mayor or assume the duties and powers of the office of mayor,
said member of the council shall not receive a benefit of any increase in the salary of the mayor which he
voted for while serving as a member of the council.
(Laws of Fla., Ch.77-580; Ord. 84-1307-754,5 4; Laws of Fla., Ch. 92-341,51)
Section 6.04. - Powers and duties of mayor.
The executive power of the consolidated government (except such as is retained by the second, third,
fourth, or fifth urban services districts) is vested in the mayor who is the chief executive and administrative
officer of the consolidated government. He shall be responsible for the conduct of the executive and
administrative departments of the consolidated government. The mayor shall administer, supervise, and
control all departments and divisions created by this charter and all departments and divisions created by
the council. The mayor shall appoint the directors and authorized deputy directors of each department and
163
the chief of each division within each department, subject to confirmation by the council, and they shall
serve at the pleasure of the mayor. The mayor is authorized to require any executive officer of the
consolidated government to submit to him written or oral reports and information relating to the business
and affairs of the consolidated government. The mayor shall from time to time submit reports and
recommendations to the council with respect to the financial condition, business, and general welfare of the
consolidated government and all offices, departments, and divisions thereof. The mayor shall submit to the
council an annual budget for the consolidated government.
(Laws of Fla., Ch. 78-536, $ 8; Ord. 84-1307-754, $$ 4, 5; Laws of Fla., Ch. 92-341, $ 1)
Section 6.05. - Mayor's veto power.
The mayor may veto any ordinance or resolution adopted by the council except ordinances and
resolutions relating to:
(a) Consolidation of the urban services districts.
(b) Appointments to the zoning board and the building codes adjustment board.
(c) Zoning exceptions and variances.
(d) The auditor, the secretary of the council, or other employees of the council.
(e) lnternal affairs of the council.
(0 lnvestigations by the council or any duly appointed committee thereof.
(g) Quasi-judicial decisions made by the council.
Any ordinance or resolution adopted by the council over which the mayor has a veto power shall be
presented to the mayor for his consideration and recommendations. lf he approves the ordinance or
resolution he shall sign it and it shall become effective according to the terms thereof. lf he disapproves he
shall return the ordinance or resolution to the council without his signature, accompanied by a message
indicating the reasons for his disapproval and recommendations. Any resolution or ordinance so
disapproved by the mayor shall become effective only if, subsequent to its return, it shall be adopted by
two{hirds of all the members of the council present at any meeting; except that if the mayor vetoes any
item in the consolidated budget appropriation, only a majority vote of the members of the council shall be
required to adopt the same as law over the mayor's veto. Any resolution or ordinance shall become effective
on the date provided therein unless it be disapproved by the mayor and returned to the council at or prior
to the next regular meeting of the council occurring 10 days or more after the date when the ordinance or
resolution was delivered to the mayor's office for consideration. The mayor may disapprove the sum of
money appropriated by any one or more items, or parts of items, in any ordinance appropriating money for
the use of the consolidated government or any independent agency, in any manner provided herein. The
one or more items or parts of items disapproved or reduced shall be void to the extent that they have been
disapproved or reduced, unless they shall be restored to the ordinance and become effective by the vote
of a majority of the members of the council.
(Laws of Fla., Ch.72-572; Ord. 84-1307-754, $ 4; Laws of Fla., Ch. 92-341, $ l; Laws of Fla.,
ch. 98-467, $ 1)
Section 6.06. - Vacancy in the office of mayor.
lf the mayor should die, resign, or remove his residence from Duval County during his term of office,
or be removed from office, the office of mayor shall become vacant. A vacancy in the office of mayor shall
be filled in the following manner:
(a) An incumbent mayor who resigns in order to seek a state or federal office in the general statewide
election held in November immediately preceding the last year of his term, shall submit his
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164
resignation at least 10 days prior to the first day of the qualifying period for the office to which he
seeks election and his resignation shall be effective no later than the date on which the general
statewide election is held. A vacancy in the office of mayor shall exist as of the effective date of
the resignation. ln the event a mayor's resignation should be effective before the date of the
general statewide election, then the vacancy in the office of mayor shall be temporarily filled in
the following succession. The president of council, the vice president of council, the chairman of
the council committee on rules, and the chairman of the council committee on finance are
established as successors to the office of mayor for the purpose of filling a vacancy in the office.
ln the event a vacancy should occur, the president of council shall serve as mayor until a
successor mayor is qualified and elected, and, if there is no president of council, then the vice
president shall so serve. lf there is no vice president, then the chairman of the council committee
on rules shall serve, and, if there is no chairman of the council committee on rules, then the
chairman of the council committee on finance shall serve. lf none of these successors can serve
as acting mayor, the council shall by ordinance designate an acting mayor untilthe office of mayor
shall be filled as provided herein. lf any elected otficial in the line of succession should refuse to
serve as acting mayor or if any such official who is serving as acting mayor should qualify to run
for the office of mayor, then he shall no longer serve as acting mayor and the official next in line
of succession shall assume the duties of acting mayor. A candidate seeking election to fill the
vacancy created by this resignation of an incumbent mayor seeking other elected office shall
qualify to run in a special mayoral election to be held as part of and at the same time as the
general statewide election. The time period during which such candidates may qualify to run in
this special mayoral election shall commence at the same time as does the qualifying period for
candidates seeking office in the general statewide election and shall terminate on noon of the
seventh day following the date on which the qualifying period for the general statewide election
ends. A mayor elected to fill an unexpired term shall take office and assume and exercise all
duties of otfice immediately as of the date of certification of the election returns by the supervisor
of elections as provided by law.
(b) ln the event that a vacancy in the office of mayor occurs other than as provided in subsection (a),
then such a vacancy shall be filled for the remainder of the unexpired term by election of a mayor
at a special election to be called pursuant to resolution of the city council and held on a date no
sooner than 1 month and no later than 6 months after the vacancy occurs. This special election
shall, if possible, be held in conjunction with any other election scheduled to be held within the
county. A resignation by the mayor shall be submitted to the supervisor of elections (with a copy
to the secretary of the city council), shall specify the date on which it is effective, and shall be
irrevocable. lf a mayor submits a resignation which is effective at a date later than that on which
it is submitted, the city council may, by resolution, call a special election for the election of a
successor, this special election to be held on a date not less than 1 month after the date the
resignation is submitted nor more than 6 months prior to the date the resignation is effective; and
such special election shall, if possible, be held in conjunction with any other election scheduled
to be held within the county. A vacancy in the office of mayor occurring as contemplated in this
subsection shall be temporarily filled in the same manner established in subsection (a). The acting
mayor shall exercise all the powers of the office of mayor until a successor mayor is qualified,
elected, and assumes office. lf an acting mayor should qualify to run for the office of mayor at this
special election, then he shall no longer serve as acting mayor and the otficial next in line of
succession shall assume the duties of acting mayor. Should a special mayoral election not be
held at the same time as any other election scheduled to be held within the county, then the
special primary election for nominations of candidates of political parties for the office of mayor to
be voted upon in the special election shall be held at the times specified by the council in the
resolution calling the special mayoral election, provided that at least 2 weeks shall intervene
between the dates set for the first and second primary elections and at least 2 weeks shall
intervene between the second special primary election and the special mayoral election. The time
period during which candidates may qualify to run in the special primary elections and special
mayoral elections shall be specified by the council in the resolution calling the special election,
provided that at least 7 calendar days shall be fixed for the qualifying period and that the last date
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165
on which candidates may qualify shall occur not less than 3 weeks before the date of the first
special primary election.
(Laws of Fla., Ch.77-576; Ord. 84-1307-754, $ 4; Laws of Fla., Ch. 85-433, $ 1; Laws of Fla.,
ch. 92-341, $ 1)
Note- At the City's direction, "President pro tempore" was changed to "Vice President."
Section 6.07 . - Mayor's staff.
(a) The mayor may appoint administrative aides and one personal secretary to have such duties as he
may determine and to serve at his sole pleasure. The mayor's aides and secretary shall be excluded
from the civil service provisions of the charter and ordinances of the City of Jacksonville.
(b) The mayor shall appoint a Chief Administrative Officer (CAO) who shall be responsible for overseeing
all operating departments; managing the dayto-day affairs of the City of Jacksonville; and overseeing
the implementation of the City's annual operating budget and capital improvement plan. The Chief
Administrative Officer shall have a bachelor's degree from an accredited post-secondary institution in
business administration, public administration, or a similar field, and seven (7) years' experience in an
administrative capacity in municipal government, three of which are in a management capacity, and a
thorough understanding of the principles of municipal administration and of applicable provisions of
the Laws of the State of Florida; or an equivalent combination of education and experience. The mayor
shall fill any vacancy in the position of Chief Administrative Officer within 60 days of such position
becoming vacant.
(Laws of Fla., Ch.7l-694; Ord. 84-1307-754, $ 4; Laws of Fla., Ch. 92-341, $ 1; Ord. 2015-51-
E,$l)
Section 6.08. - Mayor's absence, incapacity or suspension.
During any absence of the mayor from Duval County, the president of the council shall automatically
become acting mayor, with emergency powers to act only when the public interest requires and with such
additional powers to act only when the public interest requires and with such additional powers as the mayor
may designate. lf the mayor becomes incapable of acting as the mayor and incapable of delegating his
duties, or in the event that the mayor is suspended in the exercise of his office, and in either case as long
as the incapacity or suspension lasts, the president of the council shall automatically become acting mayor,
with all the powers of the office. lf the mayor and the president of the council are simultaneously absent
from Duval County, or simultaneously incapable of acting as mayor and incapable of delegating the duties
of the otfice of mayor, or simultaneously suspended in the exercise of the office of mayor, the vice president
of the council shall automatically become acting mayor with the same powers as the president of the council
would have had in like circumstances. The council may by ordinance provide for further succession to the
same powers as provided in this section.
(Laws of Fla., Ch.70-748; Laws of Fla., Ch.77-576; Ord. 84-1307-754, 5 4; Laws of Fla., Ch.
92-34t,5 t)
Not* At the City's direction, "President pro tempore" was changed to "Vice President."
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166
City of Orlando
167
Orlando City Charter
Sec. 1. - City Council.
There shall be a City Council of the City of Orlando, Florida, consisting of a Mayor-Commissioner
representing the City at-large and six (6) City Commissioners each representing the district in which they
reside. The members of the City Council shall be elected for a term of four (4) years in the manner herein
provided, unless the term is altered due to an election date change authorized by ordinance. The Mayor-
Commissioner shall be elected by the majority of the votes cast by the qualified electors of the City at large.
Each of the six (6) other City Commissioners shall be elected by the majority of the votes cast by the
qualified electors of the respective districts which they represent on the City Council.
City elections shall be nonpartisan and shall be held at the time designated by ordinance. Such
municipal elections so held shall be general municipal elections and no other municipal primary or general
election shall be necessary, any local or general law to the contrary notwithstanding.
It is contemplated by this section that there may be a "run-off ' municipal election; that is, if there should
be more than two (2) candidates for any office and no one candidate receives a majority of the votes cast
in the general municipal election, then the two (2) candidates receiving the highest vote in the first election
shall run again in a run-off municipal election to be held at the time designated by ordinance in the same
year and then the candidate receiving the majority of the votes cast at such election shall be elected.
lf a City Commissioner ceases to be a bona fide resident of the district from which he was elected or
the Mayor-Commissioner ceases to be a bona fide resident of the City, his office shall immediately become
vacant, provided that the district residency requirement shall not apply to a City Commissioner who, for the
duration of his term, ceases to be a resident of his district due to action of City Council which redesignates
district boundaries pursuant to Section 4-1 of this chapter.
lf any vacancy occurs in the office of any member of the City Council and the unexpired term is less
than one year, then the remaining members of said City Council shall, within forty (40) days from the date
of such vacancy, by a majority vote, elect a person to fill such vacancy. lf the unexpired term exceeds one
year and the vacancy should be that of the office of Mayor-Commissioner, the remaining members of the
City Council shall within ten (10) days after such vacancy or notice of an upcoming vacancy due to an
irrevocable resignation call a special municipal election to be held within forty-five (45) days from such call
to fill such vacancy or at the next regularly scheduled general election if one will occur within ninety (90)
days. lf the unexpired term exceeds one year and the vacancy should be that of the office of a City
Commissioner other than the Mayor-Commissioner then the Mayor-Commissioner shall within ten (10) days
after such vacancy or notice of an upcoming vacancy due to an irrevocable resignation occurs, call a special
municipal election to be held within forty-five (45) days from such call to fill such vacancy or at the next
regularly scheduled general election if one will occur within ninety (90) days. ln all such cases, the person
so elected, either by the remaining members of the City Council or by popular vote, as the case may be,
shall hold office for the unexpired term.
(Ord. of 8-14-1978, $ I ; Ord. of 1- 10-2000, $ 1, Doc. #32603)
Editor's note- Ord. of 8-14-1978, $ 1, amended ch. 2, $ 1, to read as herein set out. Until Oct.
3 1, 1980, the city council shall continue to be organized and the city government shall continue
to be operated under the provisions of Charter ch. 2 in effect on Jan. 1,1978. Prior to amendment
by Ord. of 8-14-1978, $ 1,ch.2, $ l, was derived from Laws of Fla. ch.31073(1955), $ 1, and
provided:
"Sec. l. City Council.
"There shall be a city council of the City of Orlando, Florida, consisting of a mayor-
commissioner and four (4) other city commissioners. The members of the city council shall be
elected for a term of four (4) years in the manner herein provided and the mayor-commissioner
168
shall be elected from the city at large and each of the four (4) other city commissioners shall be
elected by the vote of all of the qualified electors of the city at large but each of the four (4) city
commissioners shall reside in the respective district which he represents on the city council.
"City elections shall be nonpartisan and shall be held at the same time as the holding of regular
state and county primary elections every two (2) years, beginning in May of 1956 and in the
event that the time for holding such state and county primary elections should be changed by
law, then the time for holding such municipal elections shall be changed to the same time as the
time designated for holding regular state and county primary elections. Such municipal elections
so held shall be general election municipal elections and no other municipal primary or general
election shall be necessary, any other local or general law to the contrary notwithstanding.
"In order to harmonizethe terms of the present members of the city council with the procedures
established by this act, it is hereby specifically provided as follows, to wit:
"The terms of the present mayor-commissioner and the city commissioner representing
Commissioners District No. 4 be and the same are hereby respectively extended to November 1,
1956, and candidates to succeed to these offices shall run for election in the municipal election of
1956, as hereinabove provided. Successful candidates in said municipal election of 1956 shall
take office on November I , 1956 and serve for a term of four (4) years and thereafter their
successors shall serve for terms of four (4) years.
"The terms of the city commissioners representing Commissioners District No. 1 and
Commissioners District No. 3 are hereby extended to November l, 1958 and candidates to fill
these offices shall run in the municipal election as hereinabove described in 1958 and the
successful candidates shall take office on November 1, 1958 and serve for a term of four (4)
years and thereafter their successors shall serve for terms of four (4) years.
"The term of the city commissioner representing Commissioners District No. 2 shall expire
November l, 1956 and candidates to succeed this office shall run in the municipal election of
1956 and the successful candidate shall take office November l, 1956 and serve for a term of
four (4) years and thereafter his successors shall serve for terms of four (4) years.
"It is contemplated by this act that there may be a "run-off' municipal election; that is, if there
should be more than two (2) candidates for any office and no one candidate receives a majority
of the regular state and county primary, then the two (2) candidates receiving the highest vote in
the first election shall run again in a run-off municipal election to be held at the time designated
by law the same year and then the candidate receiving the majority of the votes cast at such
election shall be elected.
"If any vacancy occurs in the office of any member of the city council and the unexpired term is
less than one year then the remaining member of said city council shall, within forty (40) days
from the date of such vacancy, by a majority vote, elect a person to fill such vacancy; if the
unexpired term exceeds one year and the vacancy should be that of the office of mayor-
commissioner, the remaining members of the city council shall within ten (10) days after such
vacancy call a special municipal election to be held within thirty (30) days from such call to fill
Page 2
169
such vacancy; and if such vacancy shall be that of the officer of a city-commissioner shall within
ten (10) days after such vacancy occurs, call a special municipal election to be held within thirty
(30) days from such call to fiIl such vacancy. In all such cases the person so elected either by the
remaining members of the city council or by popular vote as the case may be, shall hold office
for the unexpired term." (Laws of Fla. ch. 31073(1955), $ 1; Ord. of 8-14-1995, Doc. #28704)
Sec. 3. - Mayor-Commissioner's Duties and Powers.
The Mayor-Commissioner shall be the executive officer of the City of Orlando and possess all the
powers and duties incident thereto and shall be charged with the enforcement of all the ordinances and
laws thereof and the carrying out and exercising of the powers and duties heretofore possessed by the City
of Orlando, or, heretofore belonging to it; the Mayor-Commissioner shall make appointments of the Chief
Administrative Otficer, Deputy Chief Administrative Officer, Assistant Chief Administrative Officer, and all
heads of offices and departments set forth in Section 2.35 of the Code of the City of Orlando subject,
however, to a confirmation by the City Council; the Mayor-Commissioner shall appoint the members of
his/her personal staff; the Mayor-Commissioner shall have direct charge of every department of the City
government and shall be responsible for the proper functioning of each department; the Mayor-
Commissioner shall be required to devote all of his/her time to the work and business of the City of Orlando
and shall have his/her office in the City Hall and keep regular office hours in the same. Should the City
Council decline to confirm any appointment made by the Mayor-Commissioner it shall be his/her duty to
send in a new appointment to the Council within ten (10) days of* such rejection, and shall not again submit
to the Council the name of any person rejected, except on request of a"* majority of the Council. The Mayor-
Commissioner shall have the right to remove any officer as provided in Section 2.05 of the Code of the City
of Orlando, provided, however, that nothing in this section shall in any manner abridge the rights, powers,
duties and privileges of the**" Orlando Utilities Commission. ln case of the temporary disability or absence
of the Mayor, the City Council may designate one of its members to act as Mayor Pro Tem; provided,
however, that the City Council may also designate another one of its members to act in the capacity of
Mayor Pro Tem should both the Mayor and first-designated Mayor Pro Tem be absent or temporarily
disabled.
(Laws of Fla. ch.6739(1913), $ 2; Laws of Fla. ch.10976(1925), $ 2; Ord. of 2-11-1985, Doc.
#19188; Ord. of 7-18-1988, Doc.#22233; Ord. of l2-7-1992,Doc.#26218)
xThe word "of' appeared as "on" in the original act.
**The article "a" did not appear in the original act.
'r'*{'The article "the" did not appear in the original act.
Sec.4. - Legislative Powers.
The legislative powers and duties heretofore possessed by the City of Orlando or heretofore belonging
to it with the powers to establish such subordinate officers as they may see fit and to assign to them
appropriate duties is hereby vested in the six (6) City Commissioners and the Mayor-Commissioner
hereinbefore provided for, which shall constitute the City Council of the City of Orlando. The Council shall
have the power to change or abolish all offices heretofore existing in said City and to establish such offices
with such salaries as may seem desirable, provided, however, that this shall not authorize the changing or
abolishing of the offices or the powers of Mayor-Commissioner and the City Commissioners as constituted
in this Charter or to abolish the Orlando Utilities Commission, or to in anywise affect same as now
constituted unless specifically provided for herein.
(Ord. of 8-14-1978, $ 2)
Page 3
170
Editor's note- Ord. of 8-14-1978, $ 2, amended ch. 2, 5 4, to read as herein set out. Until Oct.
31, 1980, the city council shall continue to be organized and the city govemment shall continue
to be operated under the provisions of Charter ch. 2 in effect on Jan. 1,1978. Prior to amendment
by Ord. of 8-14-1978, $ 2, $ 4 was derived from Laws of Fla. ch. 6739(1913), $ 3, and Laws of
Fla. ch. 10976(1925), $ 3, andprovided:
"The legislative powers and duties heretofore possessed by the City of Orlando or heretofore
belonging to it with the powers to establish such subordinate officers as they may see fit and to
assign to them the mayor-commissioner hereinbefore provided for, which shall constitute the city
council of the City of Orlando. The council shall have the power to change or abolish all offices
heretofore existing in said city and to establish such offices with such salaries as may seem
desirable, provided, however, that this shall not authorize the changing or abolishing the offices
or the powers of mayor-commissioner and the city commissioners as constituted in this Act or to
abolish the Orlando Utilities Commission, or to in anywise affect same as now constituted. For
the purpose of carrying out the provisions of this act the City of Orlando is hereby divided into
four (4) districts, as follows: District No. I shall embrace all that territory within the city limits
east of Orange Avenue and south of Central Avenue; District No. 2 shall embrace all that
territory within the city limits east of Orange Avenue and north of Central Avenue; District No. 3
shall embrace all that territory within the city limits west of Orange Avenue and north of Central
Avenue; District No. 4 shall embrace all that territory within the city limits west of Orange
Avenue and south of Central Avenue." (Laws of Fla. ch.6739(1913), $ 2;Laws of Fla. ch.
10976(1925), $ 3) (Ord. of 12-9-1991, amended ch.2, $ 4-1(a), Doc. #25328; Ord. of 4-30-1984,
amended ch.2, $ 4-1(a), Doc. #18516; Ord. of 6-6-1983, amended ch.2, $ 4-1(a), Doc. #17818.)
Sec. 29. - When Ordinances Take Effect; Approval or Disapproval by Mayor; Overriding Veto.
Except as otherwise provided therein, all ordinances adopted by the City Council of the City of Orlando
shalltake effect (1) upon passage, or (2) as provided by law, i.e., at 12:01 A.M. on the tenth (1Oth) day after
the final passage of such ordinance by the City Council and approval thereof by the Mayor or passage by
the City Council over the Mayor's disapproval.
ln the event that the City Council determines to make an ordinance etfective not upon passage but
less than ten (10) days from the date of passage as hereinabove provided, then the City Council may state
the early effective date in the body of the ordinance and may thereby fix an effective date less than ten (10)
days after the date of passage as above provided.
lmmediately after passage of an ordinance by the City Council, such ordinance shall be submitted to
the Mayor for his approval or disapproval and this shall be done within twenty-four (24) hours after passage
of the ordinance. lf the Mayor disapproves the ordinance, he shall return the ordinance with the reasons for
his disapproval stated in writing at the next regular meeting of the City Council, whereupon the City Council,
by a five-sevenths vote of the entire membership thereof, may pass the ordinance, the Mayor's disapproval
to the contrary notwithstanding.
(Laws of Fla. ch.31083(1955), $ l;Ord. of 7-25-1983, Doc. #17939; Ord. of 7-13-1998, Doc.
#31353; Ord. of 4-5-1999, Doc. # 32003)
Page 4
171
City of St. Petersburg
172
St Petersburg Gity Gharter
ARTICLE IV. - ADMINISTRATIVE
Sec.4.01. - Mayor.
There shall be a Mayor who shall be the chief administrative official of the City. The Mayor shall be
responsible for the administration of all City affairs placed in the Mayor's charge by or under this Charter.
(Ord. No. 1012-F, S 7, l-7-1988, ratified 3-8-1988; Ord. No. 81-G, S 2.7,2-25-1993, ratified 3-
23-1993; Charter Review Commission, Amendment 10, ratified 3-27-2001; Ord. No. 810-G, $ 9,
l-18-2001, ratified 3-13-2007; Charter Review Commission, Amendment 6 ($ 2), ratified I l-8-
20rt)
Sec. 4.02. - Compensation.
The compensation of the Mayor shall be fixed by the Council.
(Ord. No. 450-F, S 2,9-25-1980, ratified 3-17-1981; Ord. No. 1012-F, $$ 8, 9, 1-7-1988, ratified
3-8-1988; Ord. No. 81-G, 52.7,2-25-1993, ratified 3-23-1993; Ord. No. 810-G, $ 10, l-18-
2007, ratified 3 -13 -2007)
Sec.4.03. - Acting Mayor.
The City Administrator shall exercise the powers and perform the duties of the Mayor during any
temporary absence or disability or if the Mayor is removed from or otherwise vacates the office. During a
temporary absence, not due to a disability, the Mayor shall provide to the City Administrator, with a copy to
the City Clerk, a memo delineating the extent to which the City Administrator may act on the Mayors behalf.
(Ord. No. l0l2-F, $ 10, 1-7-1988, ratified 3-8-1988; Ord. No. 81-G, 52.7,2-25-1993, ratified 3-
23-1993; Charter Review Commission, Amendment 1, ratified 3-27-2001; Charter Review
Commission, Amendment 6 ($ 3), ratified 11-8-2011)
Sec. 4.04. - Powers and duties of the Mayor and City Administrator.
(a) Except for the Civil Service Board and the City Council committees which are appointed as provided
for in Sections 4.04(b) and 3.12 of this Charter respectively, the Mayor shall, with confirmation of City
Council, appoint all City Boards and Commissions. The Mayor shall, with confirmation of the Council,
appoint the City Attorney, City Clerk and a City Administrator who shall be in charge of the daily
operation of the City. The City Administrator shall have had relevant, management, executive, or
administrative experience in municipal government.
(b) The Mayor shall:
(1) Appoint, and when the Mayor deems necessary for the good of the City, suspend, demote or
remove all City employees and appointive administrative officers provided for by or under this
Charter, except as otherwise provided by law or this Charter. The Mayor may authorize any
administrative officer or employee who is subject to the Mayor's direction and supervision to
exercise these powers with respect to subordinates in that officer's or employee's department,
office or agency. The Mayor shall establish written Personnel Rules and Regulations to the end
that appointments and promotions of employees within specified classifications shall be made
solely on the basis of merit and fitness demonstrated by examinations or other evidence of
173
competence and to the end that upon their suspension for a period in excess of fifteen (15)
calendar days, demotion or removal, employees within specified classifications shall have a right
of appeal to a Civil Service Board appointed by City Council.
(2) Create and establish and discontinue any department, division or board in the administrative
affairs of the City; to determine, combine and distribute the function and duties of all departments,
divisions and boards in the administrative affairs of the City; to consolidate and combine any
departments, divisions and boards as the Mayor may deem necessary and/or expedient. The
Mayor shall be responsible for the continuity and preparation of all books, records, papers and
property under the control of the administrative officers and employees of the City. The directors
of departments and heads of divisions or boards in the administrative affairs of the City shall
manage and control such departments, divisions and boards, and are subject to the supervision
and control of the Mayor.
(3) Attend, or cause a representative of the Mayor to attend, all Council meetings and the Mayor or
the Mayor's representative shall have the right to take part in discussion but may not vote.
(4) See that all laws, provisions of this Charter and Ordinances of the Council, subject to enforcement
by the Mayor or by officers subject to the Mayor's direction and supervision, are faithfully executed
provided however no ordinance may infringe upon the administrative powers of the Mayor granted
by this Charter.
(5) Prepare and submit a proposed balanced annual budget and capital program to the Council in a
form provided by ordinance.
(6) Submit to the Council and make available to the public a complete report on the finances and
administrative activities of the City as of the end of each fiscal year.
(7) Make such other reports as the Council may require concerning the operations of City
departments, offices and agencies subject to the Mayor's direction and supervision.
(8) Keep the Council fully advised as to the financial condition and future needs of the City and make
recommendations to the Council concerning the affairs of the City.
(9) Sign contracts on behalf of the City pursuant to the provisions of appropriations ordinances. The
Mayor shall administer the approved budget in such a manner as not to exceed Council approved
appropriations. No liability shall be enforceable against the City upon any contract not supported
by the previous appropriations, nor shall the City be liable for any service, material or supplies
furnished to the City or to any department, otfice or division thereof, the financial requirements of
which are to be made use of the proceeds of taxes or any other funds controlled by the Council,
unless the Council shall previously have made an appropriation therefor. All contracts for public
works or improvements shall be awarded in the manner provided by ordinance which must
provide opportun ity for competition.
(10) Perform such other duties as are specified in this Charter or may be required by the Council
provided such duties and Council's direction to perform such duties [as] are consistent with this
Charter.
(11) The Mayor shall be recognized as head of City government for all ceremonial purposes, by the
governor for purposes of military law, for service of process, and upon the authorization of
Council, shall act as the City otficial designated to represent the City in agreements with other
governmental entities or certifications to other governmental entities, execute contracts, deeds
and other documents. The Mayor may delegate the signature authority contained herein to
members of the City Administration by filing a written memo with the City Clerk indicating the
person to whom the authority is delegated and the limits of such authority.
(c) The Mayor may veto any ordinance passed by Council, except an emergency ordinance as defined in
Florida Statutes; those ordinances passed as a result of quasi-judicial proceedings when such
proceedings are mandated by law; and ordinances proposing Charter amendments, which the Council
is required by law or by this Charter to place on the ballot. The Mayor must exercise the veto prior to
5:00 p.m. on the fifth business day after the day Council adopts the ordinance. On the day the Mayor
Page 2
174
vetoes an ordinance, the Mayor shall deliver or caused to be delivered specific written objections to
Council at the Council's office.
(d) The Mayor may: Veto any "line item" in a budget or appropriation ordinance. The Mayor must exercise
his veto prior to 5:00 p.m. on the fifth business day after the Council adopts the ordinance. On the day
the Mayor vetoes a "line item," the Mayor shall deliver or cause to be delivered specific written
objections to Council at the Council's office. lf the total effect of all vetoes of the Mayor would be to
cause expenditures to exceed revenues as projected and contained in the adopted budget, then all
vetoes of the Mayor with respect to line items of the budget shall be null and void and all items vetoed
by the Mayor shall remain in the budget.
(Ord. No. 1012-F, $$ 11-15, 1-7-1988, ratified 3-8-1988; Ord. No. 81-G, 5 2.7,2-25-1993,
ratified 3-23-1993; Ord. No. 366-G, $ 1, 1-7-1999, ratified 3-23-1999; Ord. No. 367-G, $ 1, l-7-
1999,ratified3-23-1999; Charter Review Commission, Amendment 5, Amendment 6,
Amendment 10, ratified 3-27-2001; Ord. No. 810-G, $$ 11, 12,l-18-2007, ratified 3-13-2007;
Charter Review Commission, Amendment 5, Amendment 6 ($$ 4, 5, 8), ratified 11-8-2011)
Sec. 4.05. - Administrative affairs; Council participation.
(a) Neither the Council nor any of its committees or any of its members, individually or collectively, shall
direct or request the appointment of anyone to, or removal from, office by the Mayor or any of the
Mayor's subordinates, or in any manner, directly or indirectly, take part in the appointment or removal
of any officer or employee or members of boards in the administrative service of the City. All inquiry
dealing with any portion of the administrative service of the City with the exception of (b) herein shall
be with the Mayor and neither the Council nor any member thereof shall, give any orders to any
subordinate or officer of the City, either publicly or privately, directly or indirectly. Any violation of the
provisions of this section by a member of the Council shall be grounds for removal from office under
Section 3.04(c). This subsection shall not operate to prohibit any individual Council Member from
expressing their personal opinion concerning the hiring by the Mayor of any chief or administrator or
higher management level employee.
(b) Permitted contact with City staff.
(1) The finances of the City shall, under the direction of the Council, be examined and audited by a
certified public accountant at least once a year. The financial audit shall be a certified audit with
no exceptions, and all reports and recommendations of the auditor shall be directed to the
Council. City Council, at any time, shall be permitted to conduct a management evaluation, by a
professional consultant, of the administrative activities of the City, or any portion thereof, under
the direction of City Council. At lease once every two years the City Council shall discuss and
make a decision as to whether or not any such an audit is needed. The management evaluation
and all reports and recommendations shall be directed to the Council.
(2) The Council or any member thereof may request information of the Mayor or the Mayors'
subordinates in a form that presently exists and could be obtained by a public record request
under Florida law, subject to such reasonable regulations of use as City Council may prescribe
by ordinance or resolution from time to time.
(Ord. No. 1012-F, $ 16, l-7-1988, ratified 3-8-1988; Ord. No. 81-G, 52.7,2-25-1993, ratified 3-
23-1993; Charter Review Commission, Amendment 3, ratified 3-27-2001; Charter Review
Commission, Amendment 3, ratified 11-8-2011; Ord. No. 119-H, $ 3, 8-7-2014,ratifred ll-4-
20r4)
Page 3
175
City of Tampa
176
Tampa City Gharter
Section 2.10. - Veto.
Every ordinance that may be passed by the council shall be presented to the mayor before becoming
a law; if he approves it he shall sign it, but if not he shall return it with his objections to the council and such
objections shall be entered upon the minute book, and the council thereupon shall proceed to reconsider
the ordinance at its next regular meeting at which there is a quorum. lf after reconsideration it shall be
passed by twothirds vote of all members[,] the vote shall entered upon the minute book, and it shall become
a law. lf any ordinance shall not be returned to the council within fourteen days after it is presented to the
mayor, the same shall become effective in like manner as if he had signed it.
ARTICLE III. - CITY CLERK
Section 3.01. - City Clerk.
There shall be a city clerk who shall be at least eighteen years of age and shall be a resident of the
city. The initial term of office of city clerk shall be for two years commencing October 1, 1975, and each
successive term shall be for four years. The city clerk shall be appointed by the mayor and confirmed by a
simple majority of the entire city council. Not later than the fifteenth day after the commencement of each
term of or a vacancy in the office of city clerk, the mayor shall appoint and submit a city clerk to the city
council for confirmation. The city council, within fifteen days after such submission, shall confirm or
disapprove such appointment, and the failure of the council to act upon such appointment within said time
shall be confirmation thereof. ln the event of disapproval by the city council of said appointment, the mayor,
within fifteen days thereafter, shall submit to the city council another appointment. Before assuming the
duties of office, the city clerk shall qualify by giving such bond and making and filing such oath of office as
shall be prescribed by law or ordinance. The city clerk shall remain in office until the clerk's successor is
appointed and confirmed. The city clerk may be removed by the mayor but only with the approval of the city
council. The salary of the city clerk shall be fixed by the mayor with the approval of the city council. The city
clerk shall be entitled to all benefits now provided to all unclassified employees similarly situated.
ARTICLE IV. - EXECUTIVE
Section 4.OL. - Mayor.
There shall be a mayor in whom all executive power of the city shall be vested and who shall be the
administrative head of the municipal government. Responsibility for the proper administration of the city
government shall be solely that of the mayor. The mayor shall be elected at large and shall have been a
resident and elector of the city for one year immediately preceding the commencement of the term of office
and shall continue to be a resident and elector of the city during the term of office. No person who has, or
but for resignation would have, served as mayor for two consecutive, full terms shall be elected as mayor
for the succeeding term. The mayor shall be responsible to the people of the city for the proper
administration of the affairs of the city and to that end his powers and duties shall include, but shall not be
limited to, (1) the administration and enforcement of all laws, ordinances, contracts, and franchises, (2) the
negotiation of all contracts, franchises, acquisition, and disposition of property and, upon approval thereof
by the council, the execution on behalf of the city of all agreements, leases, deeds, and other instruments
in connection therewith, (3) the exercise of direct control and supervision over all departments and divisions
of the municipal government, (4) except as herein otherwise expressly provided, the appointment and
removal and the fixing of the compensation of all officers and employees of the city, the employment and
compensation of whom are not otherwise provided for herein, all such appointments to be made upon merit
and fitness alone and in accordance as nearly as possible with civil service requirements, (5) the general
charge, management, control, and supervision of all property of the city, (6) the promulgation by executive
order of such administrative directives, decisions, and codes and personnel rules and regulations as the
177
mayor shall deem necessary and proper, all of which executive orders of a formal, general, and permanent
nature shall be filed with the city clerk, (7) the representation of the city upon all public occasions where
such representation shall be right and proper, (8) cognizance of the relation of the city to the county, state,
federal, and other municipal governments, (9) periodically advising council as to the financial conditions
and needs of the city, (10)furnishing to the councilsuch available information, data, and advice pertaining
to the affairs of the city as may be reasonably requested, (1 1) making such recommendations as the mayor
may deem necessary or expedient in the interests of the city to the council relative to the adoption of
ordinances and resolutions; provided, however, that nothing herein contained shall prevent the city council
in the exercise of its legislative functions and powers from calling into consultation the boards or
departments and other officers and employees of the city wherever in the judgment of the council it may be
necessary[,] but neither the council nor any member thereof shall interfere with the conduct of any
department, officer, or employee in the discharge of his duty.
(Ord. No. 8148-A, $ 4, 1-6-83)
Section 4.O2. - Absence.
During the temporary disability, disqualification, or absence from the city of the mayor, the chairman
of the city council shall discharge the duties of the mayor and while so acting he shall not have the right to
act as a member of or to preside over meetings of the city council. During the period that the chairman is
discharging the duties of the mayor, the chairman pro tem shall preside over meetings of the city council. lf
it shall be necessary for the chairman to discharge the duties of the mayor for more than 10 successive
days he shall, as acting mayor, receive the mayor's salary during such time as he may act. ln case the
office of the mayor becomes permanently vacated by death, resignation or othenrise, the chairman shall
dischargethedutiesof themayoruntilasuccessorfortheunexpiredtermshalltakeoffice. lntheeventthat
by operation of law the chairman shall become acting mayor until a successor is elected at a special election
then the chairman pro tem shall become the acting chairman of the city council and the council shall
immediately choose an acting chairman pro tem.
Page 2
178
City of West Palm Beach
179
. ;, ,. .' ;)',,r I
RESOLUTTON NO. 75-93
A RESOLUTION OI'THE CITY COMMISSION O[' THE CITY OF WEST PALM BEACH,
FLORIDA, DECLARING THE RESUI,TS OF THE GENERAL ELECTION IN SAID CITY
oN MARCH 9, L993, AND THE RI,N-OFF ELECIrON ON MARCH 23, L993, HELD
FOR THE PT'RPOSE OF EI,ECTING CERTATN EI,ECTIVE OFT'ICIAT,S AND AMENDING
T}IE CITY CHARTER, PROVIDING AN EFFECEIVE DATE, AND FOR OTHER
PT'RPOSES.
t****t****
WIIEREABT on.March g, Lgg3 a generaL election for the electiop
of certaLn offlcials of the city of West Palm Beach and for the
submission of two (2) referendum questions to the electorate was
held in accordance with the Charter and the ordinances of said City
and taws of the State of Florida governing and regulatlng the
holdlng of general electj"ong of EaLd Clty; and
WHEREAE, a run-off election was held on March 23, 1993i and
I{HEREAS, the Pa}n Beach County Supervisor of Electlons office
has duly rnade return of the votes cast at the general and run-off
elections; and
FHEREA8, the City commission of the Clty of West PaLm Beach
has duly canvassed the returne of said elections.
NOt{, TIIEREFORE, BE AND Ir rS IIEREBY nESOLVED By IHE CIry COIt{It{IgSrON
OF IHE CIfy Ot' I{EBT PAI,I'| BEACH, I'LORIDA that:
8ECIIoN 1: The city commission of the City of West PaIn Beach,
Florida hereby flnds and declares the resul-ts of the
general electlon held on March 9, 1993 in said city as
follows:
a. For city Comnission District Two, the followlng
votes were cast by the qualified electors residing and
votJ-ng witnln said Clty:
for!
For:
tror:
tr'or:
For:
D,Iary B. Hooks 344L
Robble I. Littles 2520
b. For CIty CommlssLon Dlstrlct Four, the following
vote6 were cast by the qualifled electors residing and
voting withln salcl city:
Sarah Brack Nuckles
Bob Kral
David L. smith
2536
574
2626
180
gEreNJ: The City Commission of said clty hereby finds and
declares that the folJ-owlng candidate was duly eLected
for a period of two years commencing at 3:00 p.n. on
March 25, 19932
For commissioner, Dlstrict Two Mary B. Hooks
SECrION 3:Candldates for City Commission District Four, sarah
Brack NuckLes and David L. snith, had their names placed
on the ballot in the City run-off election held l{arch 23,
1993. The Clty Commission of the city of West PaIn
Beach, Florida hereby finds and declares the results of
the run-off eLection held on March 23, L993 in said City
as follows:
For: Sarah Bracl< Nuckles L872
For: David r,. smith L297
gEcTIoN ,t! The. City Conmission of said city hereby finds and
declares that the followlng candidate was duly elected
for a period of two years commencing at 3:00 p.m. on
llarch 25, 1993 ln the following office:
For Commlssloner, Dlst. I'our Sarah Braclc Nuckles
SECTION 5: On the citizenrs petition proposing an amendment to
the city Charter to further provide for povrera of the
I{ayor, attached and incorporated hereto as ExhJ-bit trAr'l
the following votes were cast by the qualified aLectors
residing and voting within said City:
4O2L - Yea
1936 - No
- for the Amendment
- against the Anrendnent
EEC1IIoN 6! On the citizenrs petitlon proposing an amendnent to
the clty Charter to provide for an InternaL Audlt
Commlttee appointed by the City Cornrnisslon, attached and
incorporated hereto as Exhlblt rrArrt the fo1J-owing votee
were cast by the qualified electors resldlng and voting
wlthin said city:
4470 - YeB - For the Audit CommLttee
1143 - No - Agalnst the Audit Committee
SECEIoN 73 In accordance with the voLe of the elestorate
181
decLared in sections 5 and 6 above, tha city Charter of
the city of West PaIm Beach ehal1 be amanded as provided
in the citizenrs petition as provided Ln Resolution No.
16-93 of the City Comrnission adopted on January 11, 1993.
The amendments to the city Charter shalL be codified.
EE!E[.9]I--9.: trhis resolution shall- beeome effective lrnmediately
upon J-te passage.
A1ITEST!
PAssED AND ADoPTED THrs ;5! DAY oF
(CORPORATE SEAL)
, Lgg,3_,
ITY OF WEST PALM BEACH
This lnskument prcparcd By:
.. Er u{qETH.. .r*.., !,rcP_B r DE
Larr i)i;)afL.':,,''
City of 'Ji::rii j::i,1 ,.:.'u.:ll
200-2xi Si;r, :r. ;,.1r. l,lr .l?rl3
West l)alrrr lititcii, l:iil. .i.t,i[ii:
:Jt,li/ti{)g.g0l 7
182
, I i, __. ,.:,'...: ,'
IETrrIOU
fffidrr J. ttarrts tEduar{ ft1sev
tonE
252 E, takeltocd Rd.
tile*rt Paln Be.dl. FL
ADCRES(;
- MprEartta Sctolqrc
M}l8
9]jl thrsen SbreeCtbst PaIn Eead!. FL
ADCRESS;
so{,nIv o? PrclosED omrNuloa
Ail omINDICB qF 'lrE clt,n( CO4,{IS8ION OP tE CXII Ot nESl gAl l BEeCtr, ElORfUf,, ${ElDIlIt
fl{z orARrtrR cF lrrE crtt @ rEar PAI,I{ BEncs oP 1988, BEI}ls IE CtrtY CflARIrn or XEE CXIa
oP $Egl EAll{ BEAff, PIORIDI REL]frrvB TO r@ 8ql0{ @ OvgFU\UE}l!, @II1@ Of IEE HAvCR
A}O rcSItION OF qT'Tl' IOi}&GER' II.IE}DIT$ IE CFTT (SETUN, EP'ETTVE A8 PIC'VTDED EEREIN,
$rBrEC't !O REPZRErIOU AIrEBC,IilL EO PFTMTDB FOR f a$lURr€OlOtl8SIO]l, FORH O? @vEfi]UElII,
IJIEIo}III' ARrtc,r' 2. Ctr| TE, cmt caNtER TO RZID '.LECIAlArr\tPr' I,D(ruxl .m IERx oP
oEErcB o, T@ t{Alro8 llo 51D (2) OtrgECUfrv:E Tffi{8' PpVIDIr{l 8OR rE PREI'IDgVI or nd
ccr4rr6sloN tO BECCI{B t[ts !,gftm HlrltlR DU&DII lE ITI{!ORN0! DLEABIaiIE! Ot lffi lotl(e,
pnr^rlDllxl FO& IlryEd[tcnmc8a w EB cf,rlr cct+{Issl.N' PTVIDr]|o 1pg EE t{AluR APPoDt!
T8E BOTJCE c{fE!, EIRE Ctrrz8 NO CEI! Aftc8lal mBIECT IO Rrrll4lcrrlou al clr(
ccto{I:8arcu eltD tER DrsarR REtr:,cur Bt trEB !fiUrR mEUl IFrtr CCSISAI8 O' GE CCI.O{I68I0!|'
IXE$)I}E NIIICTI 3. oP TEB CI'N( OI}ETSR TO EsTD TEEECDITVE'' PEFXTTIII{I TEts }(lIcN TO
VEIO OSDI}aIES ATD REELT'nIC'8 IPPPPRITTE{I }TN8iY IU EUls OR PAr{l 8OA'E T to NI
CN'ERRIDE @ IMIRDB I.TA,CRIn| 09 TSE COO{I6SI'd' ESIT8LIAEI}&I ItsE ICAITTON O' CTTI
ATT{I}{IAXRMCN 'IO B8 APBOINEED ItO REIX'VED RC E tOIJrcR llD ST]B'EC! TO IIB I}.T{EDIX?
SOPEIMUXI'N @ W }(IITC&' I'OCIDDB TSdI DSPANOCII! DIICSIES!' BB APIOINIID A}D RE}f,F'ED
E]| tE! ffiuR Elrffit! flE cotElt! otl IE cctffiIEflcl|, PTOCIDII(I IXB I]II'RIA.L ADDIIIOR
!r(Ds8 Io pEFtrNNSL AtD RE@RD8, IUR tX rDUEt CClt{rrEE8 IO CCssIEt Cr IE HI}UR,
pREstrDEl{! op @ co:o{I8{rlcH }rE {EREI (3) t{D@n8 ,{FtaI68 mr8 IDDIEI}(T EEFmflEE
APEoDMD Vt ttu cCr4dIAgION AID FOR RE}XnNr @ rfr IIIIZR}0IJ AIDIIUR Ey f, lArdII1l VOII
OP [llE EIIrIRE CctotIsIrIOH, PTVIDDII A EZFERE]DEI{ ELECIIOTM BE HELD ctl }{lrc8 2, l99t
SO APPFVE CN RB'EC:8 Utz MOrc€ED II{E}OHZHIs 10 tEE €'Nil CAIRIERi PF'r[DI}xl NI
EEHECtrrVE DATE, AIIO FOR CNSZR, EURHEE.
*.m.s.:Tm.P.**
!Eli, tffEREtUEET EE Xf oRDhINm BY TflE C5fl CCloCssICt{ oP r{E C[ry of IrESf gNtl EEnat,
FIOR:III t!AI3
spctloN lt The Ctty cttarter of the Ctty of l^lest Pah Beacjh, Florida, b:irg t}le
cnrter of the ctw of West Eatn tsacr: of 1988, as arenl€d, ts heref,y anErld€d at
Artlcle I. eolTorat€ Ddstcnce, Fom of Gcverroent, Bardary arrd B:r.refi Arttcle II.
clly carni-sslcn, arrl Artlcle IIX. ctty lbnaqer and ktdxistrntlvo organizatlon, to
read as follods:
C'NFITER,
,IRIIELB I. ffiBOEITT E(LE]E}TCE
FON6{ OT @\IERTiHENT, E(If,AM( A}D IC,TZR
S€c. 1.01. oortrnrato ordgtemcol forn of go\roy?rfnt, cbartar.
ItrB clLy of West Pa})[ Beadl h Pa-l-r0 Beadr oNnty, Florlda, v,trldr was creatrrl by
tlp Florida lcglslatr-u.e, shall corrtirr-ts as a mmlclpal corporaLlon with a Mayol-
PSTIIICN CtifffrEEs
Js€?h Acrgldlm-
tGt€
3639 Pas€o lrrdalusta
'/rest Pab Beadt. FIr
ADTRESS
Itaul Rlo
Ml'ls
}GI.IE
3821 tlottlr
636 Flianl(Iln Road
l.regt Palto DeachLFL
AMAESS
183
(EIlIu:€Iqr "I'oIItr of .g(rrslslErL € yrvv't:.+ii ix=.r::i.i:T.- ". -. . .for Uta clW.
8€o. 1.o2. Doodlpttca o! ooQorrta bc nduy.
Th€ area destrtb€d h efpenalx A ot thls Clurter slEll ccltttbrte tjto oorpomt€
bcurdary of tlra Cltl of l'test PaJ:D Beaclt.
s€c. 1.03. G66taf Pouef' o( tia clq'.
'tr.Ie Ctty sllatl have all gc rerrmrrtaf , corlnrate, ard prqrietary pcrer$ to e-nable
it, to coxhrct runicipal Qclr/ep1prrg, perform mntclpaf ftrrf,iqs, ard rerder runiclpal
se11;lcesr afit 1try elo:clsa any po,rer for rurlclpal pEpc€s exc€{t, as erpressly
prcfiifrlbcl by larl or tJris Onrter.
s€4. 1.0t. oonstructl,co.
Tlre po,ers of the CiW shall be constmed ltlemffy in favor of tlre city, Iimit4d
only Iry tl.e corrstltutior, gerreral ard special law, and spAcific llnitatiors in tXls
crlarter.
.[x[Icl8 rI. t,arallrrrvt
S€c. 2.01. Clfi Ccmisslcol dLgtrlct Dor.udartot Etrbllskt for rtcidcy to q\tf,Il,ry
for cardldacyri rcaPgcrtlcm€ot.
,Itre city cfixllissicn shall cqrist ol five (5) city Esrlssicrrr^s ard a Ha)ror who
are elected at, Iarge on a ncrparttsan bn<ls. Eadl city Cmissioter syEll be a
Snfifled elector of tlp Ctty residtrq ln a differerrt dlstrlc*, frq! tie other city
Cqrmissioers. the l,layor slEll be a +nlifled ele<tor of tle City ard may reide 1n any
distric{ witnin t$e ciw of tJest. Pal-n Beadr. CIty Cornissiqlers ard ttle }layor shall
6" sl6gted hy a clty-?llde vcte. The bo.uda4y for eadr of t}re five (5) distJicts is
desoj-bed fn Aperdtx B of thls clurter.
A cardidate for the office of l.layor strall have contirnrcrrsly resided ia Urc ciLy
duriry tlre six (6) rtrt}t pertod jrmediatetY prior to the date of eloctlon. A carrlidate
for the offlce of city conttissione-r shall have corrtirnrqrsly resided durirq tle six (6)
rrontlr period Jrrtnedlatdy prior to tlre date of electim in the dl.trict frm wtridt tlre
candldate s€ek to q\tafffy for elect.icn.
Ilre l,layor strall rcslde corrttrnrcr.rsly tn tfie city durjrq tlte Mayor's torn of
offlce. Each city ccrmisslorer shall reslde ontirnrorsly durirq tlte Ccnrnlssiorrer's
te.rio of offlca in tha dtstrtct, fru rrtrlclr Ule Comtsstorer uag electad.
Tha dtstrtct, bcrldarles 6tta.11 be reapporticrred arery terr (10) years ccrrnprrcirg
with the I99O Offlclal Elorida State ard Federal Oerrsrs. Eaclr reag3ortlorcrent stBfl
be conpleted b,y tte clty Oannis'slon bV ordlnance eracted trit}rh six (6) rrofiths of tJre
184
,'.,.,'1, '
date ol of flcial Fbllcat .1 o( ttra rEt''iruou,'f,,'orir"r^i rr
"da
stabe inr rederar cerre!.
Dl-stf,tct bandarleo shall bo rra5portlaned to seata dtgtrlcfu of rnerly edql
pcgrlatlm. DLsh{cts shall be arary€d ln a loqlcal ard c{trpact qecgm$tlc aatttot
and shall prcooto falr regrese$atlcn.
s€c. 2.02. loll t?Yt ocqtosatlca.
trts ten0 of offle ot th€ !,tayor shal.t be fcur (4) y€aE. llo lndlvidr:al shall be
elected to tlre offlce of tlta Uayor for rcts than hs (2) ocnsecuth/B firll ter.Eo.
the tel6 of offlce of t}re city Ccrmisslcrers EhaU be ttp (2) yean.
Ihe ann5l salarles of tlla !{apr and the ctty tuisstorrts 6hal1 be flxed by
ordjrrarce. O:ese sal.arles slrall be rwierued dwfrg tlre City's anrnral h:dg€,t Proess.
soc. 2.03. Sornar! of tlro clw ocr@lsslcll.
Nl pc*ers of tlle ctty shall be vested in t}re City Camtission except thcee po*:s
specifically giveJr to tlte l4alror, ard to ttre Irrternal aditor as prwided ln this
Orarter and ercepC tlrose po^rers speciflcally resewed ln thls Chafter to tle elctors
of tlre City.
s€o. 2.0t. hohilrltlo o! bterfsr.ffi by cfw Ocotssiera rttb agpolntrots ald
re@val!.
D@pt as oUrendso prwided herein, t}le clty Ca'rrricslcx*YE col,l€dlvely ard
irdivid:afIy sllall rrt dlrcct or r€qtrest t}e aBpoinbrerft, of any Eersfi to offle or
such persorr,s ra.^ral ttrerefrqr ty the ttayor or bry arv erbordlnate or shall ln any
nranner take par.t tn tlte appolnbmerrt or r.errival. of a5pofu'rtirle olflers ard 4lcryees ln
the a&rlni-stratlve sewice of the clty. D{cept for ttre prpc€e of an txguq, hprettrder.
the clty Condssloners coUe(tively ard irdividuafly sMfI deal vitl a&nlnlstrative
matter:s solely 6rErrgh the Hayor or Mayor's designee, ard relther tlle city Cami-ssicn
nor any City Ccrrnissiqrer slrall give orders to ary subordinat€s of tlp Hayor eitlnr
pblic,ly or prlwataly.
Any violatlsl of thls sectlorl try a Ctty @nnlssiorer shafl constituta nismrxnrt
pnlslrable W t}la city comission ard also grcutds for r.srpval frurr offlce lry ttre city
Ccnmission as prcnrlded heretry ard for rarsral ty r€call.
Seo. 2.05. tndrrctlcru arrl meotlngs.
After eadr anrn:al clty electlcn tlre Clty Ccmni.sslcn slnll rret alrt tln mrrly
elected rs&ers slall. ass.un offlco as pr"orlded hereby. At sudl rmetfurg tlt€ cttT
Cormtsslorers shall elect orn (1) of thelr r^lrrJer to tte offlce of Presiderrt of tle
Clty @nnlsslon wtp stnll cerve at t-!ro plea*rs of tlte ClLy Connlsslo,n.
tn l,layor strall preside at all rEdfrqs of t}to city Cornlssio,r ard bo th€
185
th€ hestderrt slrall prr^estrrl aC CtW Ccrmilgglrrr EEettrqs a pertorr tlre oer6crrbf ard
nini-sta.rtaf Arr1lou ol th6 offl6 of Mayor. In tln abeetE of bc,th tlto l'la)'oE atd
tha prgldertt, the Clty Ccuntsslqers shall deslgrate crp of t}olr rr.mber to chair
city ccrrnissicn wtIrys.
Drrfrq tlre Cqorary dlsabillty of the t4aypr, t}re Presideft of tlre City Ccmni.ssion
slrall bm tre acilJc l6yor. rf it shalt be rrcessara for tte Presi&nt to alsdurge
tlre dtrtles of ttle Uayo,r mre ttran Uri-rty (30) ccrseort.ive days, at t}e disoetlor ot
tlle City c(rmlsslcn, tJ1e kesidefit loay be ccrrpersated fc nrdr drtles.
15e cfry Cctnoissiqr shafl fix the dat€s of a}l its other regl[ar rEettrrgs ad
strall hold qpeciat neettrgs at tjle caII of the l.tayor, 'Je actirg l,layor, or arly ottrer
t'do (2) city Ccnrnissiorer.'s. A1l officlal rcetlrgs shatl be hdd at t}re Clty llall atd
strall b€ open to tlr Pbfic.
a1e CiW Cryrnlssicn shall, adcpt, its o*n n:leg of proedu:c rrot irroorrslstert
hergl.riul aflt sha]l naintaln ijt tts jqtrrtaf a record of ttre vote of eadr trEiler on eadl
matt€r sutnttted to a vct€. Eactr rsber of ttte Ctty Corrrissicn sluLl vcte on eadl
naCter sulmitt€d to a vote tnless it irrvolves suctr rstar's offlclal condrrcf or
ftrrarcial lntrregt.
s6. 2.06. vacallcf fD dry ocddsslco.
A vacarrry strall oor qr ttre City cormtssion qpor death, resignattan, rsrpral or
recall of a mecTber, or ln the a/eJrts a trsrber slrall fail to naintah tlre +raf lflcatisr
of office ircludfug residen<if ard statrs as a q.nlifled elector of the clby. It a
vacarEl, ocoJrs h tlp cttsy cqfidssion for any reason, oo:ept as ttp re$lt, of a recall
r+trerety a srJcsor is appointed or e1ectrad, tne raminirg rrE{&ers of tho city
Ccrrrrtssion slrall, wlthh tlti-rfq/ (3o) days of ttte caaatlon of the vacafi+, ard bU a
najority of a q.ronrn, ap4oint a suoc€ssor to fiII the offlce vacatcd.
In t5e ryert, of an a5ryolntment to the offioe of Mayor, said apSnirrtrrent strall rpt
exceed njrcty (90) days d\trirg thidr eittpr the rrex't gernral rudctpal elect,lon or a
speciaf City electlonl lt necessary, shall be held to elect a Hayor for tlre uno,pired
terrn.
In the qrerrt of an aS4ointraent to tlre offlce of City OatmLssioner, said apryointneJrt
shatl h€ effectlve urfll tlre e-:etrattcn of Ure term of srdr offlce or untll Ure next
go:renl rnurtcipal ele<tlon, wttldreve-r stnll ftrst ooq.rr. At Ure rre><t, general mrnicipal
electlon a su@ssor slall be elected for a frrll tarm or for t}to ba]arp of tio tnru
vacat€d, as alprtprlate.
186
: , ,r,,..,,,.. ,.:,...... .
seo. l.o?. nrcrnfr arld r. *oalo lrcl o(llco 6l clt, o Lectca.
tha Hapr anf CtW tunlsslcrer, ln addttlm to be-trg rwred tf r€caff 5rrr.*;
to larr, rmy bo rwrred flu otfl6 ty resolutlcrr ol tha Clty Ournlsstcn trwrlnusly
adcpt€d ty t5a other rmbers of tJrs Clty Ccrnnlsslcn for arry of tne qrcmCa for rmtral
set forttr tn Se<*.lcn 100.361, Elorida Stnbtel. llritten dulq€ ryecifyfrq ttte
grq.rds(s) for rwval shdtl ftrst be sewed rpcr said lrglber wittr nc,tlce t]Et trts
tqrnnf $all rEt, takg effect mtl,l a lnarlrg, ff re4sted hy tJB Ipter drarged, is
freld by thB clty ccrrnlssicn to deteJmijB tlE talth of, UE dtarges. Sttdt hearfrg shaff
be held wiudr ttrqnff (20) days of th6 date of sewloe at a regular ctty ccnrotssicn
neettrg.
111p ter6 rpglect of dgf as us€d in Sectlqr 100.361, Elorlda Stahrtls, aforesaid
sl1all ircI\de hut nc,t ba ltnited to six (6) conseolelve ab6€rE fra reg.tlar ciw
ccnsnisslon reetlrgs. After slx (6) srclr ab6erEe3, tlre usttcr slul.I b€ placed qr tlte
agerda for corr.sidantlfi by tJre City Ccrmlssiqr. A rnajorlty of tlre Clty cormissict
may deterrahe that said abserres alre erorsabla ard that the dtarye of 'negle<t of
Ar11r' slull nc,t be nade.
s€c. 2.08. Irvestlgattor.
In the exarclsa ol lts legislatlw pq,ers tJre CttY Ccnrdssicn strall have tle
pqi,ler to ccrdrrctr srdr lrrvestlfticns ard hold sldl hearir8s as tJre Conisslcn stnll
dean neessarl, o@Lent, ard prcper ard sfnll have the pq'rer to srtbp@na uibeses,
adrnjni"star oaths, take t€stirrorry, ard tqrjre ttre produrtlm of eviderpe. To enforce
a flnryena or order for pr.oductlcn of eridsp or to futpose ary poufty presai.bed for
fallure to ob€f a $bpoena or order, tln city Ccrrdgsicn slall agply to tne apprcpriate
ccuft, Ihe ftrdtnp shall be reported to tlre l6yor ard to tlre pbf ic by tlE k€sidertt
of t}te ccsmissldr.
s€c. 2.9. lqpotntmt arrd rmval of, ctlet of 8ollce, rdrs chls! ald clty lttornadr.
Chiefs of tlre Follce Defrartrcnt, ard Ftre Depaturrt ard the Clty Attoney slrafl
be afpointed by ttre lhyor $b]ect to Ule ratlflcation of Ure city cqrnissim acttrq ty
Urree (3) afflmablve votes. The l.layor stnll have tlle po,er to renrrve said de4artrre:rt
heads withcrrt t}re cqrsent of t}te ccrrnissidt.
AR[[q?!E II[, EEEOUIAVEO
g&. 3.01. llalrcr.
the drlet oceantlve officer ard admtnLsEative hoad of ttn Ctty shall be the
Hayor who *rafl b€ fcrr tba prrcper a&nlnl.stratlon ard crrlnxt of tlre
eJ(e.iltlve tprk and affaixs of tio clty. rho Mayor stlall be a vc,tbry tsnbcr of tlra ctta
187
certs for tlre Furpo6o ol serrlrry civtl prws ard by tll 'k^/ermr for prrpcees ol
mffftary lau, nay wlth tho qrsent, of tlra ctty tumlsslcn taXa comarrt ol tha pollce
in casa of g"rbltc dargar or €cerr7eitcy, ard 6lrall, tvtren dlrrtcd to do so by tlte cft}
Corrdsslon e:<ecrlte a}l lrotrrments to t^{lidl ttta ctty ls a party, mless ot}te$rise
prwided herein cr tY odirarn.
l?n ltayor stralf nai-ntah an offlce ir City llall ard slull devc,te frrll tie to tle
dqtles of ttrat offloe. Dtcept, as speclflcal),y cthewise prwided tn thjs Charter, t-lte
pcllere arrt duileo of tJrs llayor stnll be tol
(l) prcnste ard effanl-dge fuprorent of Ctty glo/elT[lEnt, errcctrage tho
econcnic grsrth of tlre CiW, ant prcrote ard dolelcp the proqeriQ ard soclal tapll-
beirg of its pecple,
(2) Erforce t}le prwisiorts of tltls Cfuutlr, City ordirnrrces, affl afl
aFpllcable }ai.rs,
(3) Dired, ard sr4nwiqe tlre aenini-stmtlct of all departuents, divisions
arrl agerries of tlre Clty gorerrmentr excegt as ottrewise prorided ty this Charter or
try 1aw;
(1) Affofrlt ard rqr^,e tlle Ma),oE's staff ufio stralf lrave srdr duties as tJE
Mayor shall determitpl
(5) Afpoint ard rsrpve t}re uerbers of boards, ccma.itt,ees ard ccnmlssiors,
as prwlded trereil, bry ordlmrne or try latr.
(6) To prepare tlre h.rdget anrn:afly ard sulnit it to tlla clty csnnission for
apprural ard to be responsible for its a&njnist-ntlon after a@t'ion;
(?) Ito recc$uerd to Ute City Caudssion the pay sc:les for City offlces ard
erylolrnp-nt, for tlre en*rnE fiscal yeari
(B) To flx ttre saLarles arr:l viages of officers ard arplqyees ot Ule City
within the alpllcable scales establi-shed b/y the City Cctrnissian;
(9) 5o prepara ad sttrnit to tle City Cornission, prcrrgfly after ard as of
the erd of eadr ftscal year, a ccnplete r€port on tlre flrurrces ard a&ninlsLrative
acflvltles of tle cltl for t}tat yeart
(10) 5o kcep t}ta city Ccarmi.ssicn advised, ln a tlnely r\anner, of t}o
fJ-r'anctal orditian ard of, tlt€ futura fi561pler, a&ninlskatlve, arrl otlrer reads of
the clty, arrt to rnafte reorueJdatlons relat,lve ttreretoi
(11) l{ake s'udl other rqort.s as t}e Clty Ccmntsslcn may reasonably rc+ir€
corcernlng tlre cperatlos of clty depart:mrts, offlces zud agerples flbject to tho
188
Ha;re'a;-, and e4 .vlglcnt "'t ;'
.'
(Ul) lt"crarfgatr by oscrrtirru ord6r anch adnlnlskatlve dl-r,et:tl.'reg ard
d2gisiou, as deeme6 rtoessarA and propr, all of r^irfdr eoteotivo ot'der:s of a forul,
gereraf anl penarrt nab.ure shr-U bo lll€d wtt}r UE clty cterr(,
(13) Prepare ttts aq€rda for Clty Ocrmtssto naetlrqsl
(14) Intttata trvestlgLlcns sittrln tn€ Ctty of l{es;t Pal-n Beadt ald shall
present txe tlrdlrgs to tjra ctff mlsstcn'
3e. 3.02. l.talor't v€,to lEfor.
Itre t6yor stral[ lrarre tln pr*rer to veto legislatlco within forty-ei*rt (48) Is.Es
after ttre aajo-uruerrt of any ctty ocrmissicn letllg' orrdtnas or rcsolutions
vstoed hry ttp Hayor slraU be ccnsidered bry ttte CfLy Brrntssicn at tts rrecft regfarly
schedrrled retl.rg, ard at tlnt reetirq tt€ CiW CqrnLssim Eay pass tlre ordlnare or
resolutiort c,lrer t}re triayor's veto tly a hptlrlrds uaJority vote of ttre ertlre Cornissicn.
1Ie effec;tive dat8 of an ordlnarce pass€d orer tlp l{ayor's veto shall rEt, be less t}urt
fiJteen (15) days after tlre finaf passage, utrldl sha}l bo cosidered to bo tjta date dr
q,hictl tle City Oonissim originally passed tlre ordlnarra or resolutlqr ard tt shrfl
t}sr beoo 1au notdthstardlrg tlre cbJecticrs of t}ra Hayor.
t.titjdn 4g hcilrs of ths adcpticn of an orrllnarpe or resolutior apprcpriatlrg tmry
fcr the use of, Clty gwernmnt, tln lla)lor Eay df"apprpve all or a portlm of an
ap56cprlaticn. ArU aprcprlatlcru disaprtlr/Ed or rtduc€d sha-ft be void to srdr
disagprcvaf or redrrcflcn udee restor€d to tls ordirane or resoluLlqt by a trc-
Urtds rnajority vote of the eftL.€ ctt] Cooisslc.r at lts rrrrt regularly sctredrrled uotlrq.
Ihe l4ayor stEll rEt have tlre pcrrrgr to veto @rgerrcy ordinarre or arry eJlactrEflts
relatirg to t}re erergerEY apprcprlatlons or ryqerr,Y borro^rirg.
S€a. 3. 03 clty eal-aistratoP*'I+poiltotat, r@v:af ard qLtaftttcatlons.
Tlre Mayor stnll appoirrt a City offlcer wtth the citle ciw Adnlnistrator. s\rdl
offlcer strall be ctpsen solely on Ure basls of e:<a<rrtive ard adnlrrlstrative ryalificatlors
ard be subJed to Ute lmoedlate sr.petvision of Ure lbyor. The Cltsy lvjlnlnlstrator
dnfl coordtnate trrder tlra epenrtsion of the !4ayor tfia actlvltles of all admlnLsttative
depar{enents, dlvlslons, ard agercles, ser\re aB s1rc{er thlson betr'Jeen ttte l.la}ror, t}€
ctty corunlsslon ard all @artrrerrts, dlvlslcns, boads and canisslons, ard perforn srctr
adntntstraLlve arril exe<utlve dutles a.s Day fm tbrc to tlm bo asslgred bU ttle Hdyor,
ard nay be dlsai.csed try tia !4a!ffi, withcut tlre approval of tha Ctty Cannissicn. Tha
salary of t-lre ctty ldntnl,strator straU bo set W tha city cornt-sslctr qpon the
r.eqmerdatlcn of the !ta)ror.
189
i{O Ctty c4Drtri-Gsicrter chall be,+i,1,1i3}1.,f9',r T?gLrtf'r4!.IE as LI-LI irr&rlEsqws
durirg tlre t€s fcr r,trlclr el€ct€d aJd rffiJl tlp (2) yoars ufter tts erq>lntlon. lttetl
appoktsl, UE Clty ldotnlstrattr rrccd rrlt be a reslde{it ol tha ClW, hrt dur}g
tejirrs of offlce tho Clty ldurJrrJstrator shall reslde vithJ.n tla CtW.
Se.3.oa. D€parffit dl-Foatort - !{polDtaet aod nrcrnl.
brcept as othervlsa specifted herein, tlre !A1or sfnll apotnt ard rerypve all
depar6nent djfestorB ult}tcut, corsent ard apprcnraf of tlre Clty Cmissiol. ,ts us€d in
tlre aft,lcle, ,dl:.ectoE, mans the artninistratlve tead of eaclr depaftrent re$rdless ol
the tltlq of a partlctrlar di-r€ctor.
s6 3.05. gcod r€quk€d of oartaLa clty of(lcdalr.
Ttre Director of Flrrance ad the Cash ManagstPrtt, C@dJrlator, ard suctr otlp:
officars ard aplqyees of tJre City as sttall be deslgnted ty tlp Clty Ccnmisstm,
slrall give ba11d h guc*l amurt ard in such cor?orata suety autlrorized t, do h:siness
in Florida as tho ctUy ccmniaslsr shall a5prcre. Ihe CiW sbaU pay the preniurs of
srJcll bords.
SEclrION 23 SECIICN 1 of tlris ordlrarEo shafl becm effective ard operatlve on .-
. 'April_ l. 1993
- -, prorrlded it has beerr agprored tly t}le electolstJ of tlre city
of l.test paLn Beadt, f,Iorlda, vort,irg in a refererriro cn tie qEstldr of tlre approval or
dlsapproraf of t}te prcpced arcrenerrt set forth tn SECf,ICN 1 at t}te Gercraf Electicn
of Ma:rctr 2, 1993.
Ttre fop of tlre qrestion on Ure hallo,t in the l.larch 2, 1993 refe-rerrtuo shall be
as follcr*s:
FOrEna oP lrB tn$lRla carE EaEcurrvE
OYgICSR ND .IDUIHTATTUf,TVB
I{EiD @ EE CIT1nI
S1jALL TTC ANRMR, OF TtIE CITY OP WESI PAII,! BEACfl BE A/IDITED TO ELI}'II}hIE IHE
ffiIf,tc8.t OF ClflIY }{A}EffR AND MOUTDE IHAf IHE }ffYOR $NLL BE TID C}TIXF D(EUTTVE
O}fICM. A}TD MMINIS'IRATTVE HEAD OF IHE C[NI' FURIIm, PRC'\,,IIDI}|G fi{Alr TtE }O'YOR $NLL
APFOINI A}ID REITA/E DEP,\ETI.IENT DI{EgIORS, FUFUHER, PIOIIIDING $Nfl tI{E tqYoR I'AY VETO
EUEST APPROPRIATICIIS SUBIET TO (flY C.&{ISSICII O\MRTDE lIY TVYIIflRrl WIT'
vE8--.- raR,TEAHelDtIErr!
IW\nE}r Ere }UEIOHEII!
EcmqN_lt ltp durter of tJle cltl|l of ?rest Patn Boadr, Florlda ls hclEty arerded
td,
190
, ...,1. . ;..1., t. .-
aC Sc(t,lcn {.05. Internal dttor. oi'*irid^UlfV. SJEIAI FI}{A}ICE' tjo rsad is fouo"8:
Ttre$ ts haretry created the pettlcn of Irlterlrat Al'tlt4,' Tho D.Iternal &dtt4E
shafl ocr.dLEt, or (au3B to ba w1&rctedlr flnalphl, octpllarm, ard erqanC€d socfe
audlts follofug gernrar,l,y aoccpt€d 9c /ermeflt, adlttrg stardang. Dra Intrrnrl
er:ditor sha[ harre accessl to alt reords ard perscrmf'
Tlra Inter:ral frudttor shalt be aSpotnted by u)e Clty Ccrolsslcn. Fmral fro
offlcE mrsrt be for catrse lry a rraJoritY rrcts of u1a entL^e ucnbershlp of tln city
mral-sstcn.
To er,g11g ird4erdenoe of tlp atdlt frrptlqr ard to coordhate internal awtlt
rcrk wlur t].le ne€ds of the l4ayor and tlE ctw ccrmrissicn, an Ar.dlt Ccnnittle is heretY
establislEd. Itre Aralit C€$mitt€e ls a rnanagerent ccrlriltt€e ard rrct a p$Iic boald.
ccnni-ssion or ccrrnittee as specifled ln Artlcle III, S€c. 3.01(5) hereil. Ihe adit
c(Irlllitte€ st'all be ccrrprised of flve (5) vctirq rs$ers, tiB t{ayor or desigce, t}e
kestdelt of tlre Clty @rmJ-ssict, ald tlr€e (3) at'-large [sltJers Ltb slrall be
appohted h,y tlE city cond-ssicn. the at-large mEbers shall bo Ctty residerts uitn
e*ertise tn ar.rdlttrq preforably internal or nanag@rt, ar:ditlrg ard at feast tttc (2)
of thcn shall be a Certifted Rrbllc ecccr,mtant or a Certiftecl Irrternaf Aditor;
appoinf:rerrts shafl be staggered for tenrs of tltree (3) yeaE. the hiesident of tle
Cq*misslm sha1 be agpolrrted as Gniraerscn of ttre Audtt comttt€e. [|e Ndit
Ccnnittee strall prforn an araluaticn of tlre Internal Atditor anrn:alIy ard prcsert
such to ttre CitY Ccrmjsslon.
sElgIGll: sErIcN 3 of thls ordlnarce slnll beccrc effec.tlve jn accor&rrrce uit!
lar,r, prcvided sarre has been apprwed by the elrtorate of t}le City of lrcst Palr Be.ldr,
Elorida votfug 15 a refererduro cn t}re ryastlon of the approval or dtH[Prqral of tlle
prcpo€ad arcrxtrent set fortl i.n sEgl'ICN 3 aE tle Cereraf Etertlorr of l'tardl 2, L991,
the form of tlrg grrestlon crr the ballot, in tJle refererduo $af l be as follcr,rs:
INIER}trAIJ AUDII CO'0'[rT{EE Pm\IISIOtl
SIffI.,L II{E (,NRTB, OF TIE CIIY OF WEStt PAII.I BTNC'I BE ,\}TSIDED IO PRC'\IIDE TOR, NI
AUI,IT Cctt[,trTt16 lPtrcINIm BY TIJE cflll CCIS.fiSSICN 10 E]ISURE TI{E INDEPENDDICE OF lHE
NJDIT zu}ICTTON NID MDI}$TE INIERML N'DIT IIMK W.rIH THE NMD6 OF TS !'{AYC8 AD
@.s.{IsSIO{, rURII{E8 PROtItDI}lc tl{Atr litlE CCI,I'iITTEE @lslSl OF F'M (5) ME}tERs rO
191
rlrr;.Da rr8 ra\r:n, EIE pr-f{DDE}rl g,Trytffi8eItr IP 'rxr(r,{ rJ,
ARB crry REBrrarrB rfltr TERrISE nr xrirranrr
ll-: 3.'L)-- -lr3- v _
DATz
-
3ryo
J0 E.-n t' ,rfr-- r{ArE (please prtnr) EL, ,u ^ 'tod+-a
l;- f" nc-'l-sf ADoREsa 7...', tt. tn lol A
.t-l, P.. k. , Fl - sro{Arrrrnc** Mau,i 1:
fu^"e&qr---
nm tlzoJrlfrtz-
yD' _ rcn IE llhtl 6to(IrrZ,
IAITISI TE II'DII CCI.i{XTIIEG
AIl ordlnarrces or parts of ordi:rare ln cqg11"g herevith are herel'y repeafed.
If any u'ord, senter6, clause, phras€s or pronislcn of thls ordlrancor for art/ reason,
ts l16ld to be rrsstltutld6l, void, or irMatld, the validlty of the rsaairder of
ctris ordlrrare shaU rrct, ba affected tXercty.
thls ordlnare sha-Ll take ef0erf-, I'rrrp'tlately r'pon tts pass*p'
!ol{E (pleEso prl.ntl
M?^ffi*
,fu"^ {. W*,-*{."- srcaruxE
we t( - )-12-
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ioc Papi !Ba-.-^
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ADDRESS
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ADDRESII
SIG}ItrTTIRB
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ADOI:rSS
SIGI'IMO$A
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SIG}IATORS
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after belng duly srornl -ptoE'eo ulaE De/sre arelrs fErwrr@'y \
;;-ih;t-li ait*w--A(. slenaturesl arl of r+hlch. were T* Ll^11"1*:-q:=.Y:jf
Ar9.
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P n -4--nd tsult (prnace prlnt) ?lte' -Ye ? tZ
7t z ?rz-*rtof .?bw otq (vto*2)nfu6o
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AFFI DAV I'T'- OF CTRCUTflDRT
STATE OT' FLORIDA
trIIMfl OF PN,I,I BEACN
##d'il/"';";;"j[;t" b" $nutne signatutee of the [Ersons whose na,nes thcl prport
CIr'Culator' s SlgnSturo
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193
West Palm Beach Gity Gharter
ARTICLE III. - EXECUTIVE
Sec. 3.01. - Mayor.
The chief executive officer and administrative head of the city shall be the mayor who shall be
responsible for the proper administration and conduct of the executive work and affairs of the city. The
mayor shall be a voting member of the city commission, only for the purpose of breaking a tie vote. The
mayor shall be recognized by the courts for the purpose of serving civil process and by the governor for
purposes of military law. The mayor may, with the consent of the city commission, take command of the
police in case of public danger or emergency. The mayor shall, when directed to do so by the city
commission, execute all instruments to which the city is a party, unless otherwise provided in this charter
or by ordinance.
The mayor shall maintain an office in city hall and shall devote full time to the duties of that office.
Except as specifically otherwise provided in this charter, the powers and duties of the mayor shall be to:
(1) promote and encourage improvement of city government, encourage the economic growth of the
city, and promote and develop the prosperity and socialwell-being of its people;
(2) enforce the provisions of this charter, city ordinances, and all applicable laws;
(3) direct and supervise the administration of all departments, divisions and agencies of the city
government, except as otherwise provided by this charter or by law;
(4) appoint and remove the mayor's staff who shall have such duties as the mayor shall determine;
(5) appoint and remove the members of boards, committees and commissions, except as required
by state law to be made by the city commission as the governing body of the city;
(6) prepare the budget annually and submit it to the city commission for approval and to be
responsible for its administration after adoption;
(7) recommend to the city commission the pay scales for the city offices and employment for the
ensuing fiscalyear;
(8) fix the salaries and wages of officers and employees of the city within the applicable scales
established by the city commission;
(9) prepare and submit to the city commission, promptly after and as of the end of each fiscal year,
a complete report on the finances and administrative activities of the city for that year;
(10) keep the city commission advised, in a timely manner, of the financial condition and of the future
financial, administrative, and other needs of the city, and to make recommendations relative
thereto;
(11) timely provide such other information as the city commission may collectively or individually
reasonably require concerning the operations of city departments, offices and agencies that are
subject to the mayor's direction and supervision;
(12) promulgate by executive order such administrative directives and decisions, as deemed
necessary and proper, all of which executive orders of a formal, general and permanent nature
shall be filed with the city clerk;
(13) prepare the agenda for city commission meetings;
(14) initiate investigations within the city and present the findings to the city commission.
(Ord. No. 2260-89,51,2-21-1989; Res. No. 75-93, $ 5, 3-25-1993; Ord. No. 4392-1l,ll-28-
20r 1)
194
Sec. 3.02. - Mayor's veto power.
The mayor shall have the power to veto legislation within forty-eight (48) hours after the adjournment
of any city commission meeting. Ordinances or resolutions vetoed by the mayor shall be considered by the
city commission at its next regularly scheduled meeting, and at that meeting the city commission may pass
the ordinance or resolution over the mayor's veto by four votes of the commission. The effective date of an
ordinance passed over the mayor's veto shall not be less than fifteen (15) days after the final passage,
which shall be considered to be the date on which the city commission originally passed the ordinance or
resolution and it shallthen become law.
Within forty-eight (48) hours of the adoption of an ordinance or resolution appropriating money for the
use of city government, the mayor may disapprove all or a portion of an appropriation. Any appropriations
disapproved or reduced shall be void to such disapproval or reduction unless restored to the ordinance or
resolution by four votes of the city commission at its next regularly scheduled meeting.
The mayor shall not have the power to veto emergency ordinances or any enactments relating to
emergency appropriations or emergency borrowing.
(Res. No. 75-93, $ 5, 3-25-1993; Ord. No. 4392-11, 11-28-201l)
Sec. 3.03. - City administrator-Appointment, removal and qualifications.
The mayor shall appoint a city officer with the title city administrator. Such officer shall be chosen solely
on the basis of executive and administrative qualifications and be subject to the immediate supervision of
the mayor. The city administrator shall coordinate under the supervision of the mayor the activities of all
administrative departments, divisions, and agencies, serve as special liaison between the mayor, the city
commission and alldepartments, divisions, boards and commissions, and perform such administrative and
executive duties as may from time to time be assigned by the mayor. The city administrator may be
dismissed by the mayor, without the approval of the city commission. The salary of the city administrator
shall be set by the city commission upon the recommendation of the mayor.
No city commissioner shall be eligible for appointment as city administrator during the term for which
elected and until two (2) years after its expiration. When appointed, the city administrator need not be a
resident of the city, but during tenure of office the city administrator shall reside within the city.
(Res. No. 75-93, $ 5, 3-25-1993; Ord. No. 4392-11, 11-28-2011)
Sec. 3.04. - Department directors-Appointment and removal.
Except as otherwise provided in sec. 2.09, the mayor shall appoint and remove all department directors
without consent and approval of the city commission. As used in the article, "director" means the
administrative head of each department regardless of the title of a particular director.
(Res. No. 75-93, $ 5, 3-25-1993; Ord. No. 4392-11, I l-28-2011)
Sec. 3.05. - Bond required of certain city officials.
The director of finance and the cash management coordinator, and such other officers and employees
of the city as shall be designated by the city commission, shall give bond in such amount and in such
corporate surety authorized to do business in Florida as the city commission shall approve. The city shall
pay the premiums of such bonds.
(Res. No. 75-93, $ 5, 3-25-1993; Ord. No. 4392-11, 11-28-201l)
Page 2
195
THIS PAGE INTENTIONALLY LEFT BLANK
196
Agendaltem R9(
Date 14b-r1
DRAFT REPORT OF THE MAYOR'S AD HOC
BLUE RIBBON STEERING COMMITTEE ON THE
CONVENTION CENTER HOTEL
June I,2OL7
197
Executive Summary and Recommendations
This report and summary of recommendations is the result of an in-depth and inclusive process on
behalf of the City of Miami Beach to determine the appropriate next steps for the potential
development of a Convention Center Headquarter Hotel to service the Miami Beach Convention Center
(Center). The recommendations contained within are based on feedback from residents, third-party
consultant data and detailed competitive research used to inform the decision-making process of the
City.
Committee Formation and Background
ln March 2016, a referendum of the voters of the City of Miami Beach to approve a lease for a
Convention Center Headquarter Hotel failed to reach the 60% threshold for approval. On April 29,
2016, recognizing the potential benefit and significant economic impact to the soon-to-be renovated
Miami Beach Convention Center (MBCC) and the City as a whole, Mayor Philip Levine authorized the
creation of an Ad Hoc Blue Ribbon Steering Committee on the Convention Center Headquarter Hotel as
alfowed by Section 2-23 of the City Code. The mission of the committee was stated in the Mayor's
memo creating the Committee as:
The Committee shall have the purpose of openly and fairly engaging the community in the
development of a plan to build a Convention Center Headquarter Hotel that will meet the needs
of the community and the newly expanded Convention Center
Through a memorandum to the City Commission, the Mayor created this seven-member committee by
appointing two Commissioners to lead the committee and granting himself and each of the remaining
City Commissioners an appointment to the committee. The Committee ultimately was set with the
following members:
Chair - Commissioner Ricky Arriola
Vice Chair - Commissioner Kristen Rosen Gonzalez
Jorge Exposito (Appointment of Mayor Levine)
Saul Gross (Appointment of Commissioner Aleman)
Debra Leibowitz (Appointment of Commissioner Grieco)
Paul Freeman (Appointment of Commissioner Malakoff)
Leslie Tobin (resigned 3/20117) (Appointment of Commissioner Steinberg)
Frank Kruszewski (appoinled 414h7 to replace Leslie Tobin) (Appointment of Commissioner
Steinberg)
198
The Committee was authorized through April 30, 2017, a period which was extended by Mayor Levine to
July 31, 2017 lo accommodate additional fact-finding and review by the Committee. The Committee
was charged with three primary objectives:
1. Obtaining input and feedback from the public (residents, property owners, business owners, and
visitors) regarding the need for a Convention Center Headquarter Hotel
2. Disseminating information at its meetings on beha lf of the City to the public (residents, property
owners, business owners, and visitors) regarding the need for a Convention Center Headquarter
Hotel
3. Providing recommendations to the Mayor and City Commission regarding a new Convention
Center Headquarter Hotel development plan that might achieve the 60% voter approval
threshold.
The Committee met on twelve separate occasions between May 9, 2016 and June 1, 2OL7 lo determine
issues of importance to the public, research these issues, and formulate recommendations to the Mayor
and Commission. ln addition, the Committee, through the City, commissioned a survey of City of Miami
Beach voters, conducted by the Metropolitan Center at Florida lnternational University, to identify the
issues of concern to the public regarding a Convention Center Headquarter Hotel.
Through public input and based upon the results of the voter survey, the Committee identified the
following three issues of concern to the public:
1. The hotel's potential impact on traffic.
Design, height, compatibility with the neighborhood and location of the hotel, including possible
expansion of footprint to include the Jackie Gleason Theater site
An independent assessment of the need for a Convention Center Headquarter Hotel.
Committee Recommendations
The Committee's meetings focused on fashioning a plan that would receive the support of more than
60% of voters. The public and relevant experts, outside consultants and persons with specific
knowledge were asked to present and/or appear before the Committee to offer their input and ideas on
how to address these issues of concern to the public.
Based upon all of the data and feedback received, the Committee concludes and recommends the
following:
t. lt is criticalto the City and the Miami Beach Convention Center that the construction of a
Convention Center Hotel be pursued. The following are recommendations regarding the size,
footprint, community impact, and general planning:
a. The headquarter hotel should contain between 800-1,000 rooms to maximize the
number of conventions and promote a business mix that would reduce the number of
2.
3.
199
f.
consumer/trade shows, which cause traffic issues and increase the nurnber of
convention shows which bring greater revenue and less traffic to the City;
The hotel should be compatible with its surrounding neighborhood by measuring no
more than 185 feet in height (the height of the Clock Tower Building on Lincoln Road);
The hotel should be located on land between Washington Avenue and Convention
Center Drive north of 17th Street, which is currently occupied by a parking lot, the 555
17th Street building, and the Jackie Gleason Theater. lncreasing the size of the land will
support the desired height guidelines by allowing a reduction in the height and mass of
the hotel;
Best efforts should be made to engage a world-class architect to promote the creation
of an iconic design;
The design should maximize the number of vehicular access points to the hotel and
theater campus in order to distribute vehicular traffic in the area and minimize impacts
on the nearby residential communities;
The hotel should have sufficient parking for visitors and employees as required by City
Code.
The Convention Center Hotel lease should specifically contain:
a. A guaranteed room block agreement allocating at least 80% of the Convention Center
Hotel's rooms for Convention Center events and which is designed so that it runs in
perpetuity and cannot be eliminated or significantly altered by the City Commission.
b. A provision that no gambling of any kind will be allowed at the hotel or on the site.
lf the Jackie Gleason site is utilized, it is criticalthat a new state-of-the-art Jackie Gleason
Theater be constructed that is of similar size and function. The new Gleason Theater should be a
flexible space available for use during the day by Convention Center shows.
The City should develop a detailed public information plan, to include hosting public
informational meetings and the utilization of other methods to disseminate information in order
to share with the public:
a. Current and future traffic mitigation strategies
b. Design aspects ofthe hotel
c. An explanation and commitment to the convention center's new booking policy that
prioritizes conventions over consumer/trade shows and the positive impact on traffic
and City revenue which will result from this new policy
d. The independent consultant's rationale, research, and exhaustive comparison reports
substantiating the need for a Convention Center Hotel
ln order to determine if the project is on the right path, the Committee recommends the City
Commission may consider a straw ballot to gauge public sentiment before seeking a hotel
developer. The straw ballot should be held following the creation of the alternative site plan and
following the public information campaign.
b.
d.
e.
2.
3.
4.
5.
200
6.
7.
The Committee recommends that the hotel be placed on the ballot for the August 2018 Primary
Elections.
Upon acceptance of the recommendations above, it is further suggested that the Ad Hoc Blue
Ribbon Steering Committee on the Convention Center Headquarter Hotel be extended for a six
month period to conduct community outreach and education sessions. Understanding that a
new headquarter hotel plan would need the support of more than 60% of voters, the
Committee believes it is critical to reach out to the public to engage in a thoughtful education
process on the many issues discussed above. This effort may be supplemented by assistance
from City staff or a consultant to ensure all relevant information is presented to the public in a
clear, concise, and easy to understand manner.
201
Traffic Mitisation
Voters cited traffic as their top concern in the survey. Therefore, traffic mitigation related to the
potential hotel was discussed at length.
The City's Transportation Department presented at several meetings and discussed the following issues
related to traffic:
1,. The difference in traffic impacts between booking conventions as compared to local shows.
2. Modeling showing the relatively small impact of additional visitors on the roadway network and
on traffic.
3. A comprehensive plan for traffic mitigation including strategies currently being implemented
and those specifically related to a new Convention Center Headquarter Hotel.
1. Positive lmpact of Conventions
One of the main reasons to pursue building a Convention Center Headquarter Hotel is to give the
Greater Miami Convention and Visitor's Bureau (GMCVB) greater ability to book conventions (high
volume hotel room bookings; low to no traffic impact) rather than consumer shows (low to no hotel
room bookings and high traffic and congestion impact). This change in the type of shows booked would
have a positive impact on traffic in and around the Convention Center Headquarter Hotel for the
following reasons: attendees at a convention primarily fly in from out of town; they arrive within 24
hours of the start of the convention by public conveyance; they stay for several days in a Miami Beach
hotel; and they walk or use other modes of transportation to most of the area amenities. lf a Convention
Center Headquarter Hotel is built adjacent to the convention center, then by definition, all of the
attendees staying at the new hotel will not need to drive to the convention center, thereby reducing
traffic on the roadways. Overall, the convention event attendee puts a lesser strain on traffic and also
spends a significant amount of money in local hotels, restaurants and shops which is a boon to Miami
Beach businesses. By comparison, attendees at local shows are more likely to live within the South
Florida area; they drive to the show in their personal vehicles and drive home; they generate a
significant amount of traffic and they add little economic benefit to local Miami Beach businesses. The
Committee felt it was of the utmost importance to educate the public on the differences in traffic
impacts between a convention and a consumer show. The commitment to this is demonstrated in the
new booking policy of the Convention Center.
2. Modeling showing the impact of additional visitors on traffic
The Transportation Department presented their new modeling to the Committee (see Attachment)
which shows the potential traffic impacts of both a L,000 and an 800-room hotel at the PM peak hour
andassumedT5%occupancyofthehotel. ThekeyfindingfortheAlternativeSitePlanwasthatnew
vehicular trips generated would only increase by approximately 3%.
202
The intersection at Alton Road and 17th Street was modeled to show typical impacts of the additional
vehicles and traffic delays traveling through that intersection. The models showed minimal increased
delays of 1.4 seconds with an 800 room hotel and 2.0 seconds for a hotel of 1,000 rooms.
3. Traffic Mitigation Plans
The Transportation Department discussed implementing a comprehensive traffic mitigation plan
including the following:
a) Capacity improvements at Alton Road and 17th Street-
1. Convert northbound shared through/right to exclusive right turn lane
2. Add exclusive southbound right turn lane
3. Add an additional left turn lane to provide south bound dual left turn lanes
b) Capacity improvements at Alton Road and N. Michigan Avenue
1. lmprove westbound right turn radius (free flow lane)
2. lmplement dual southbound left turn at Michigan Avenue and Alton Road
c) Dedicated loading space for ride sharing vehicles.
d) Shuttle service to and from the Airport.
e) lntelligent Transportation System and Smart Parking System Project lmplementation, including a
Traffic Management Center to monitor and modify network conditions and messaging to
motorists.
f) A connected trolley system linking key hotels to the Convention Center to reduce required
internal vehicular trips.
g) A robust pedestrian wayfinding system from the proposed hotelto principal attractions.
h) lncreasing protected/connected bicycle facilities throughout the City as part of existing and
future CIP and Public Works Projects.
i) FDOT/City of Miami Beach Signal Retiming Project.
Traffic Mitigation Conclusion
The Committee concluded that the City must implement a comprehensive traffic mitigation plan that
includes all of the strategies presented above. The City should also publicize the traffic mitigation
measures it is already undertaking. The Committee further concluded that this mitigation strategy along
with educating the public regarding the differences in traffic impacts between a convention and a
consumer show would help reduce the public opposition to a new hotel. This will also be further
enhanced with the public's understanding of the new booking policy.
203
Design. Height, Compatibility with the Neighborhood and Location
The results from the survey of voters indicated that design factors related to a hotel were of great
concern including design, height compatibility with the neighborhood and location.
Discussion focused on the questions of a hotel no taller than the existing Clock Tower Building on Lincoln
Road. The Committee submitted this question for the survey specifically so that the respondents would
have a comparison landmark. The Committee wanted to ensure this height, 185 feet, was not
exceeded.
As the City of Miami Beach is known for design and aesthetic, the design of a potential hotel is
important to the community. The voter survey showed positive results when strong emphasis on design
was considered. The Committee recommends that an iconic design be required in any propose/s
approach.
Maria Hernandez, the City's Capital Projects Director for the Convention Center renovation, appeared
before the Committee to discuss the following four potential sites for a Convention Center Headquarter
Hotel:
The Parking Lot Adjacent to the Jackie Gleason Theater (site of previous proposal)
The Parking Lot Across the Street from the Convention Center
The LTth Street Parking Garage
The Parking Lot Next to the Jackie Gleason Theater and the Land on which the Theater is on
The determination was made that Site 4, the parking lot next to the Jackie Gleason Theater and the land
on which the Jackie Gleason Theater sits, was the best parcel to meet the height restrictions and size
requirements needed.
The fackie Gleason Theater Site
The Committee therefore explored the feasibility of developing a potential hotel on Site 4.
The Committee heard from Niesen Kasdin representing Live Nation. Mr. Kasdin indicated that Live
Nation was open to discussing the option to rebuild the theater and renegotiate the terms of the
current agreement. With this information, the Committee continued its discussion regarding the
rebuilding concept.
A previous proposal from several years ago to utilize the Jackie Gleason site and incorporate it into a
hotel was met with resistance by the public. lssues were raised about removing the historic nature of
the building and fear of losing the venue. The Committee had significant discussion regarding these
matters and reached out to several key individuals who were part of previous community debates. The
Committee heard from three key community leaders including:
1. Nancy Liebman
1.
2.
3.
4.
204
2. Dirk DeSousa
3. DanielCiraldo
Discussion with these individuals surfaced key elements functionality and efficient and effective use of
space. All three of these individuals agreed that rebuilding the Theater should be considered as the
Theater is not eligible to be designated as an historic structure, but is an invaluable venue with popular
programming and an asset to the community.
The Committee discussed the issues surrounding the rebuilding concept including resident skepticism
that the venue would actually be rebuilt if the existing facility were removed. To this end, the
Committee discussed phasing of the construction to be amenable to rebuilding the Theater in a way that
would mitigate the venue's offline time as best as possible. The Committee has committed to keep this a
priority through the process. ln order to address past objections to the incorporation of the land
currently occupied by the Jackie Gleason Theater into the Convention Center Headquarter Hotel site,
the Committee had multiple meetings at which the Jackie Gleason stakeholders and the Preservation
community were invited to comment on the plan. lt became clear that for this option to be feasible, a
new Jackie Gleason theater should be constructed of similar size to the current Theater.
An Alternative Site Plan
The Planning Department was asked to prepare a massing model and site plan showing what could
occur at the selected site given the height limitation, the need to rebuild the Theater and traffic
concerns. Rogelio Madan, Chief of Comprehensive Planning, presented to the Committee for discussion
the results of the Planning Department's Alternative Site Plan Study (See Attachment).
The study concluded that a design could be created which met all of the requirements needed on the
site. The study showed a complex with:
o An 800-room hotel limited to 145 feet in height (12 stories)
o 91,000 sq. ft. of ballroom area
o 284 parking spaces
. A theater building large enough to accommodate 2,600 seats
The study also indicated that the building could be designed to have increasing setbacks from 17th street
at various floors to reduce the mass of the building to pedestrians and vehicles. The campus could also
have direct connection to the Convention Center building and could have an internal connection
between the hotel, theater, ballrooms and the parking levels of the hotel.
The Planning Department also worked with Transportation on the design presented, thus the Study also
included:
A Regular vehicular drop-off location at the hotel front door on Convention Center Drive;
A Regular vehicular drop-off location at the parking entrance to the hotel on Convention Center
Drive;
a
a
205
A vehicular drop-off site on 17th Street designed for taxis, buses, and Uber-style transportation
systems. This would insure public conveyance of these types would have a dedicated, off-street
location for drop-off and pick-up so as to not interfere with traffic circulation in the area.
A vehicular drop off and access driveway that went under the Theater to ensure that high-traffic
period before and after shows could be accommodated and would help improve traffic
circulation in the area.
The Committee received and endorsed this study as it significantly met the limitations placed on the site
and further reduced the impact of vehicles on area traffic congestion.
Design, Height, Compatibility with the Neighborhood and Location
Conclusion
The Committee concluded the height of a new hotel should not exceed 185 feet. Additionally, the City
should consider world-class design and aesthetics for the hotel. Lastly, the location of the new hotel
should be on the land currently occupied by the Jackie Gleason Theater and the adjacent parking lot. lt
was specifically noted that if the Jackie Gleason site were to be used, a new Gleason Theater should be
considered.
The Committee further concluded that a combined Theater and parking lot site could be designed to
meet all of the criteria they believe will encourage greater support for a Convention Center Headquarter
Hotel. The Alternative Site Plan presented to the Committee by the Planning Department showed
reduced massing on 17th Street, a hotel with a maximum height of 145 feet, significant parking, and
potential for several access points to the hotel campus that would distribute traffic and allow for
vehicles to divert from lanes of travel thus reducing impact on traffic flow in the area.
The Committee also supports a commitment to build a new state-of-the-art Jackie Gleason theater with
the same seating capacity as the existing facility and to minimize the Theater's down time. The
Committee agreed with the suggestion that the new theater be designed to be a landmark.
10
206
Hotel Needs Assessment
The Committee recognized that one of the issues often brought up by the public was whether there is a
need for a Convention Center Headquarter Hotel. The Committee wished to better understand the need
for a Convention Center Headquarter Hotel and if there was a need, how many rooms would be ideal
given the size and positioning of the Convention Center in the marketplace.
The Committee engaged in discussions with representatives of the Greater Miami Convention and
Visitors Bureau (GMCVB) and it was explained to the Committee that the need for a Convention Center
Headquarter Hotel stems from the current challenges that the sales team faces when attempting to
book a convention event in Miami Beach. The typical hotel package offering often require l-0 or more
hotels to satisfy one citywide group. This is an issue for national meeting and convention planners as the
ease of doing business in Miami Beach becomes less desirable when compared to other convention
destinations. lf the room blocks each hotel is able to allocate are too small, then hotel room blocks at
too many hotels are required, which makes planning the convention too difficult and as a result, the
organizations will look elsewhere to host their event. Additionally, if the hotels are too far away from
the meeting venue, this might also cause an organization to look elsewhere.
ln order to determine whether a Convention Center Headquarter Hotel is needed and if it is needed,
how many rooms the hotel in Miami Beach would need, the GMCVB engaged Conventions, Sports and
Leisure, lnternational (CSL), a national consulting firm, to prepare a Hotel Needs Assessment Study on
behalf of the Committee. To further ensure an independent study, the GMCVB turned oversight of the
study to the Committee and allowed the Committee to directly manage CSL's work.
CSL met with the Committee three times over the course of the engagement and presented their
findings at the April24,2017 Committee meeting. CSL researched and provided information related to:
How Miami Beach compares to competitive facilities
What Event Planners have to say about need for a Convention Center Hotel
Room Night Generation Potential for a Convention Center Headquarter Hotel
Hotel Financing
Room Block Agreement
John Kaatz, Principal at CSL presented to the Committee findings related to these topics. He also
presented the results of a survey of organizations that potentially would utilize the Miami Beach
Convention Center for their event. A summary of the findings discussed include the following results:
Between 65% and 80% of planners surveyed responded that an 800 to 1,000-room Convention Center
Headquarter Hotelwould be ideal in Miami Beach.
Nearly 75% of planners surveyed said they are less likely or would definitely not book Miami Beach if a
Convention Center Headquarter Hotel was not developed.
a
a
a
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11
207
This shows that the convention center would lose a significant amount of potential bookings without a
hotel. Even more compelling is the current market activity; it was presented that in the last two years,
the GMCVB has actively solicited, and track and prospective Conventions for the MBCC as well as the
high percentage that will not come to Miami Beach without headquarter .This process has further
highlighted the challenges faced in booking high impact conventions.
As of March 2017,the GMCVB has added 955 prospects (conventions that have shown interest in Miami
Beach) to the system and has 152 additional tentative events (conventions where MBCC space is being
held) interested in booking the MBCC. The biggest issue the GMCVB has when it comes to converting
these groups is the lack of a Convention Center Headquarter Hotel as it can take over 10 hotels to
accommodate a convention group of 1,500 peak rooms or greater. This challenge is unique to Miami
Beach, as most comparable destinations can achieve a L,500-peak room block between one or two
hotels. This affects the destination's attractiveness and ultimately results in a current actual low
conversion rate of around 4% overall. Of the 955 prospects in the GMCVB system, 7!6 are at risk to be
lost due to not having a competitive hotel package. This has already proven to be detrimental to the City
and the new Convention Center.
To be more specific, the Committee heard that at the conclusion of the first year of the GMCVB's new
prospecting initiative, Fiscal Year ending October 2016, the sales team had lost 11 major convention
bookings due directly to the lack of a Convention Center Headquarter Hotel and the challenging hotel
package. These lL lost convention events represented approximately 200,000 room nights and 561.5
miflion in economic impact to the City. As of March 2017,lhe GMCVB has lost 16 convention events,
50% of which were lost at least in part because of the hotel package and lack of a Convention Center
Headquarter Hotel. The events lost already in this year represent 144,000 room nights on average and
S++.2 million in economic impact (based on the 53ll average spend).
Another analysis discussed was room night generation citywide and average room rates that would be
added to the market. At the recommended level of rooms (800-1,000) an estimated 203,000 new
incremental room nights would be generated into the Miami Beach hotel market thus increasing direct
spending and tax revenue collection.
The study also analyzed room block agreements and found that it is critical to negotiate an appropriate
room block agreement with any Convention Center Headquarter Hotel that continues in perpetuity.
CSL indicated the key findings from their work on the Hotel Needs Assessment include:
An on-site hotel will be significantly and positively beneficial
Typical issues a city will have to address include public financial support and site challenges
Hotel pricing should not significantly impact demand, as long as the MBCC/Hotel package
competitive
Guaranteeing a room block agreement is critical to leveraging a new hotel
Continued on-going efforts toward "destination" enhancement for residents and visitors
important
IS
ts
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12
208
Hotel Needs Assessment Conclusion
After a full discussion and review of findings from the CSL study, and gaining an understanding of the
current business that is interested in Miami Beach, but will not come without a Convention Center
Headquarter Hotel, the Committee concluded that a Convention Center Headquarter Hotel is needed to
effectively maximize the convention center and deliver wide ranging economic impacts to Miami Beach.
It was further concluded that the ideal hotel size would be between 800 and 1,000 rooms. ln this room
range, convention center bookings would be maximized and other local hotels would benefit from
overflow room bookings and increased room rates. Lastly, the additional visitors will contribute
significant new expenditures at area restaurants and retail establishments.
The process that has been undertaken has enhanced the overall approach to the key issues raised by our
community. This Committee's scope has provided insight and deeper foundation of these issues and
arms the City with more information to position a Convention Center Headquarter Hotel project to the
public. Throughout the year, the Committee gained much stronger insight and knowledge on the
complex business balance between convention and trade show bookings; traffic and the MBCC new
booking policy; and ultimately the critical role of a Miami Beach Convention Center Hotel in enhancing
the revenue stream for the Miami Beach Convention Center, and more widely for the City and
community of Miami Beach.
The data this Committee reviewed that will support the City's efforts in a second attempt include:
t. lncreased data on traffic mitigation with an opportunity to make a commitment to a booking policy,
which will reduce unfavorable events from a traffic standpoint.
2. A reinforced argument with national trend data and real market intelligence from current and
prospective customers, who have expressed interest in Miami Beach and will not come without a
Convention Center Headquarter Hotel.
3. A validated site plan that responds to the concerns around height.
4. A commitment to a plan that will ultimately enhance the Jackie Gleason Theater for our community.
This provides a strong foundation to go to the citizens and gain their support.
Committee Conclusion and Summary
The Committee is confident in the recommendations to continue to move this process forward. Based
on all of the research and data provided, feedback from residents and recommendations from third-
party consultants, the City of Miami Beach is uniquely positioned for success with the development of a
Convention Center Headquarter Hotel. The addition of such an amenity would make the destination
more desirable to national planners and bring significant incremental new room nights and tax revenue
associated with them to the City of Miami Beach. A shift in the business mix to limit consumer shows
13
209
and encourage more conventions will help reduce traffic associated with the more local, day trips
associated with consumer shows and increase spending by the multi-day convention attendees. ln
addition, those visitors would patronize local Miami Beach business and deliver significant economic
impact into our community.
ACTION ITEMS:
Adoption of Recommendations
July 29th - City Commission Meeting - the earliest date at which the recommendations could be
approved by the City Commission
Public Information Effort:
After the Alternative Site Plan has been accepted and approved by the City Commission, the
public information effort should commence
3-4 weeks to place on City Commission agenda to authorize creation of public information
package and public meetings and allocates City resources to the effort.
4-6 months to present to homeowner's/condominium/neighborhood associations and host
general public meetings
Straw Ballot/Appropriate Surveving Method
Following the conclusion of the public information effort and the incorporation of the public
feedback into the alternative site plan, a straw ballot or other surveying method deemed
appropriate by the City Commission should be created and presented to the public.
1.4
210
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New Business and Commission Requests - R9 Q
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
July 26,2017
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT DISCUSSION REGARDING P-LOT PARK DESIGN REVISION.
RECOMMENDAT!ON
The Administration is seeking direction from the Conunission.
ANALYSIS
A new urban park is being created to replace the existing surface parking lot (P-lot) as part of the
Convention Center Renovation & Epansion Project.
Design Miami has held its annual show at the P-lot since 2010, occupying half of the lot with
approximately 70,000SF of actual event space. Both Design Miami and Art Basel (which shows are
affiliated) have expressed a strong desire to continue to stage Design Miami in the sarne location.
The current design of the park does not include an open area large enough to accomnpdate the
show footprint and therefore sorne redesign would be required.
The landscape architect, West 8, has developed a concept depicting how this request can be
accommodated, while still rmintaining the basic elements of the previously approved design including
trees and plant palette, lighting and hardscape. The inspiration for this concept cones from
prominent art shows staged in beautiful London Parks. Refer to ExhibitAattached.
ln order to neintain the current project schedule, which contemplates substantial completion of the
park concurrent with the Convention Center in August 2018, the Administration would need to
proceed imrnediately with the redesign efforts and submit for Design Review Board (DRB) approval
at the November 2017 neeting. The design fee associated with the total redesign efforts including
construction docurnents and permit revisions is not-to-exceed $355,000, to be funded from the
allowance currently allocated for the park.
Leoislative Trackino
Office of the City Manager/Convention Center District
ATTACHMENTS:
Description
o Presentation
Page 2292 ot 2670
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278
AAIAA^IBEACH
TO:
FROM:
DATE:
SUBJECT DISCUSSION REGARDING THE STATUS OF NEGOTIATIONS BETWEEN THE
ADMINISTRAT]ON AND LAMBDA LAMBDA SIGMA LLC D/B/A ALCHEMY MEDIA
('ALCHEMY MEDIA'), PURSUANT TO REQUEST FOR PROPOSALS NO. 2017-
081-WG, FOR CITY MUNICIPAL PARKING GARAGE ADVERTISING SERVICES
(THE RFP).
REGOMMENDATION
ANALYSIS
On November 18, 2016, the Finance and Citywide Projects Committee held a discussion regarding
the revenue potential for the City from allowing interior parking garage advertising, and
recommended that an item be forwarded to the Mayor and City Commission for release of a Request
for Proposals for interior parking garage advertising.
On January 11,2017, the Mayor and City Commission approved the issuance of the RFP. The RFP
was issued on January 25,2017, with responses due on March 14,2017. The RFP requested that
proposers rnay submit proposals for: 1) interior advertising not visible from the right-of-way (referred
to as inteior in the RFP); and/or 2) interior advertising visible from the right-of-way (referred to as
exteior in the RFP). At no tirne was advertising to be placed on the exterior of the building. ln fact,
Addendum No. 1 to the RFP, issued on February 2, 2017 , specifically instructed bidders that erteior
advertising would be defined as advertising"located fromthe building erteior inward."
On March 14,2017 the City received proposals from City Media and Alchemy Media. The proposal
submitted by City Media offered to install advertising within the parking garages that is not visible
from the right-of-way, yielding approxirnately $100,200.00 annually. Alchemy Media ("Alchemy")
submitted a proposal for: 1) advertising that is not visible from the right-of-way (interior); and,2)
advertising that is visible from the right-of-way (exterior). The revenue proposal submitted by Alchenry
with its RFP response proposed $225,000 annually, and included free advertising for the City at
other Alcherny markets outside of Miami Beach (referred to as nedia bank), valued by Alchemy at
$30,000.
At the April 26, 2017 City Conrnission meeting, the City Manager, after determining that the financial
proposals received were significantly lower than anticipated, recommended rejecting all proposals
received pursuant to the RFP. However, the City Commission approved a motion directing the
Administration to negotiate with Alcheny Media, for parking garage advertising, including advertising
visible from the right of way, for nine (9) City-owned parking garages, and to bring back the financial
New Business and Commission Requests - R9 AG
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
July 26,2017
Page 2502 of 2670
279
terns for approval.
As directed by the City Commission, negotiations have been held with Alchenry Media. During the
negotiations, the Administration requested an increase to the guaranteed annual revenue that was
included in Alchemy's original proposal. Alcheny Media has proffered that if it did not have to
provide free public service announcerrents to the City, as described below, this would increase the
guaranteed annual revenue originally proposed to $250,000. With respect to the original proposal,
the essential terns are as follows:
TERM
The initial term of the Agreenent would be for three (3) years, comrnencing on Operational Rollout
Date. The "Operational Rollout Date" shall be the date that Alchenry begins selling advertising space
on the garages to advertisers. The City Manager, at his/her sole discretion, and provided further that
Alchemy is not in default under this Agreernent, can extend the term of the Agreernent for up to two
(2) additional one (1) year ternrs.
LOCATIONS AND SIGNAGE TYPES/SIZES
Attachnent A includes Alcherny's proposal for both types of advertising proposed: 1) advertising that
is not visible from the rightof-way (interior); and, 2) advertising that is visible from the right-of-way
(exterior). Staff is currently unable to determine the anrcunt (SF) of advertising space that would be
visible from the right-of-way, versus the arnrunt that would not, without visiting each site and location
of each sign. The size, quantities and square footage of signage proposed in Attachment A are as
follows:
Type Size oty
Total SF for TypeWx
H Sq Ft
A 6'x
12',
72 18 1,296
B 6'x
I'48 9 432
82 6',x
6'36 1 36
C 8',x
1z',
96 57 5,472
D 6',x
12',
72 59 4,248
E 4',x
6',
24 136 3,2M
F 2',x
3',
6 93 558
G 40"
diaq 5+l-b 30
H 1',x
6'*12 31 372
otal Souare Feet 15,708
*double sided
ADVERTISEMENT REVENUES
Alchemy has proposed a minimum annual guarantee of $225,000.00, to be paid in nnnthly
installnents of $18,750.00. The proposed revenue is based on the types, quantities and sizes of
Page 2503 ot2670
280
advertising formats proposed in Attachment "A'. Alchenry has included a condition in its proposal that
if the City requires reductions in the number of advertising panels and/or changes in location, a
reduction in the minimum guarantee will be triggered.
PUBLIC SERVICE ANNOUNCEMENTS
Ten percent (10%) of total available GarageVision rnedia (defined as 6'x 12' and 6' X 8" signs for the
front of Alchemy's Miami Beach parking garage network) under the Media Plan (See Attachrnent "A')
shall be retained by the City for Public Service Announcenents ("PSAs"), and fifteen percent (15%)
of the total available interior rnedia under the Media Plan shall be retained by the City for PSAs.
Concessionaire will consult with the City Manager's office to develop and irnplenent a strategic
Public Service Announcement Plan for the benefit of the City.
MEDIA BANK
Alchemy will provide the City with additional advertising space (Media Bank) to be utilized annually
during the Term of the Agreernent, allowing the City to use, at no cost, advertising space to be posted
on nedia owned by Alchemy in any of its other nineteen (19) rnarkets around the country. This offer
is valued by Alchemy Media at twenty five thousand dollars ($25,000.00).
Additionally, through its subcontractor, City Media Advertising, LLC, Alcherny will provide the City an
annual nedia bank, in the amount of Five Thousand Dollars ($5,OOO.OO1, to be utilized annually
during the Term, allowing the City to use, at no cost, advertising space to be posted on nedia owned
by City Media Advertising, LLC, within Miami-Dade County.
ADVERTISING STANDARDS
Concessionaire agrees that it shall not place any advertisenent for any of the following categories:L Advertisernent of infonnation which pronrotes unlawful or illegal goods, services or activities.2. Advertisernent of tobacco or tobacco products.
3. Advertisenent of firearns.
4. Advertisement of serual services, prograns or products.
5. Political advertisements, including those that espouse or oppose the election of any
candidate or party or public office and/or espouse or oppose the position or policy of any political
party.
6. Advertisenent of any non-alcoholic beverage brands which are in direct competition with
Coca-Cola.
7. Advertising for alcoholic beverages shall be permitted, except within 250 feet of any school,
day care or house of worship.
Advertising, including the size, location and content shall be subject to approval by the City in its
proprietary capacity. Notwithstanding any proprietary approvals by the City, Alchenry shall also be
required to secure any regulatory approvals, and all advertising shall be subject to, and corply with
applicable laws, codes, State, Miani-Dade County and City ordinances and regulations, as rnay be
arnended from tinp to tirne.
Additionally, the Administration is recomnending the following clauses as essential terns of the final
negotiated agreenent.
ANCILLARY WORKBUILDING MODIFICATIONS. Alchemy shall be fully responsible to perform
and pay for any work or npdification that is necessary to accomnpdate the installation of any
advertising nedia (and supporting structures and hardware), including (but not limited to): electrical,
fire alarm, fire sprinklers, and lighting. The written approval of the City Manager is required prior to
any nudification to any building or building system. Alcheny shall repair/replace any darnages to any
building or building system resulting from the installation of advertising rnedia (and supporting
Page 2504 of 2670
281
structures and hardware).
TERMINATION FOR CONVENIENCE. The City may terminate the Agreenent without cause and
for convenience, upon providing Alchemy with sixty (60) days written notice.
CONCLUSION
The Administration seeks direction from the City Commission as to whether or not to proceed to
negotiate a final agreenent with Alcheny Media. Any final agreenent would be subject to City
Commission approval. Additionally, any final agreenent would be subject to and contingent upon
approval of the City Code anendnent permitting said advertising.
FINANCIAL INFORMATION
This is an incorne producing agreement. No grant funding will be utilized to fund this project.
Leoislative Trackino
Marketing and Conrnunications/Procurernent
ATTACHMENTS:
Description
n Attachment A
Page 2505 of2670
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Garage #: 1
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MIAAAIBEACH
TO:
FROM:
DATE:
SUBJECT DISCUSSION REGARDING A MODIFICATION OF THE DEPARTMENT FUNDED
AGREEMENT (DFA) BETWEEN THE CITY OF MIAMI BEACH AND THE FLORIDA
DEPARTMENT OF TRANSPORTATTON (FDOT), TO ALLOW THE
CONSTRUCTION OF THE INDIAN CREEK FLOODING MITIGATION PROJECT
BE CONTINUED UNDER A S]NGLE CONTRACT.
RECOMMENDATION
The following is presented to the City Commission for discussion and further direction.
ANALYSIS
The City of Miami Beach in partnership with the Florida Departnent of Transportation (FDOT) are
working together to mitigate flooding along SR AlAllndian Creek Drive, from 25th Street to 41st
Street, by upgrading the drainage infrastructure and raising the roadway. The Departnent Funded
Agreenrent (DFA) includes a construction cost sharing arrangernent between FDOT and the City of
78.7o/o and 21.3% respectively.
The DFA stipulates the project shall be implenented in two (2) construction phases. The lnterim
Phase currently under way includes the underground drainage construction component which
includes drainage pipes ranging in size up to 72 inches in diarneter, drainage structures, the pump
station structure and roadway drainage system reconstruction to be executed by the City's NJPA
Contract. The Ultimate Phase includes the roadway reconstruction conrponent, raising the roadway
to final grade to be executed by a design-build team selected through a competitive bid procurenent
process.
The benefits by constructing project in single phase:
. Expedites construction project major components, roadway and drainage.
. Eliminates throwaway transitions and tenporary pavenent.
. Reduces pavernent, maintenance of traffic cost, and pavernent markings cost.
. Eliminates impacting private properties and businesses twice
. Eliminates lndian Creek Drive traffic closures twice. Reduces impacts to business and residents along lndian Creek Drive, Collins Avenue, and side
streets during construction. Eliminates harronizing into private properties twice, once for temporary transition and once more
for final vertical alignnent
. Reduces impacts to pedestrians, bus routes and street parking
New Business and Commission Requests - R9 AH
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
July 26,2017
Page 2788 cf 2856
409
CURRENT STATUS
The Mayor's Blue Ribbon is regularly updated on the progress of flooding mitigation projects. At the
neeting of June 20,2017 and July 18,2017, the panel discussed that tirnely completion of the
project is pararnount. To that end, the panel has requested that an item be brought to the
Commission to consider completing the project utililng an alternative to the conventional design/build
procurenent approach as required by the DFA. Clearly, the FDOT cost sharing and project cost
reimbursement must not be put in jeopardy with whatever approach is undertaken. lf the Commission
would want to pursue this further, we would have to discuss with FDOT the alternatives in order to
retain the original spirit of the DFA.
We have yet to discuss with FDOT the construction and funding details of the project. However, we
have reason to believe they nay not be receptive to the rnethod as proposed. lt would be to the best
interest of the City to proceed cautiously.
CONCLUSION
The following is presented to the City Commission for discussion and further direction.
Leoislative Trackino
Public Works
Sponsor
Commissioner Joy Malakoff
ATTACHMENTS:
Description
n lndian Creek cross section
Page 2789 of 2856
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