20171031 AM2C4D
C7G
MIAMIBEACH
City Commission Meeting
ADDENDUM MATERIAL 2
City Hall, Commission Ghambers, 3'd Ftoor,lTOO Convention Center Drive
October 31,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Comm issioner 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 City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Gommission, any City Board or Committee, 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.
ADDENDUM AGENDA
G4 - Commission Gommittee Assignments
REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE - DISCUSSION
REGARDING EXPEDITING THE INDIAN CREEK STREET DRAINAGE IMPROVEMENTS
PROJECT.
Budget and Performance lmprovement
Commissioner Joy Malakoff
Addendum added on 1013012017
G7 - Resolutions
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE MAYOR'S NORTH BEACH MASTER
PLAN STEERING COMMITTEE AND DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO
COMMENCE DISCUSSIONS WITH MIAMI-DADE COLLEGE TO EXPLORE A POTENTIAL
LOCATION FOR A NORTH BEACH SATELLITE CAMPUS, INCLUDING BUT NOT LIMITED TO,
THE BYRON CARLYLE SITE.
Office of the City Attorney
Commissioner John Elizabeth Aleman
Addendum added on 1013012017
1
Addendum 2, October 18,2017 Commission Meeting
R9 - New Business and Gommission Requests
R9 H DISCUSSION REGARDING EXTENSION OF THE CONCESSION AGREEMENT BETWEEN THE
CITY AND WATER TAXI MIAMI, INC., ON A MONTH-TO-MONTH BASIS.
Transportation
Addendum added on 1013012017
2
Gommission Committee Assignments - C4 D
AAIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 31,2A17
SUBJECT REFERRAL TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE -
DISCUSSION REGARDING EXPEDITING THE INDIAN CREEK STREET
DRAINAGE IMPROVEMENTS PROJECT.
RECOMMENDATION
Referral to the Finance and Citywide Projects Conrnittee to discuss e&editing the lndian Creek
Street Drainage lmprovements P roject.
Leoislative Trackino
Budget and Perfornnnce lmprovenent
Sponsor
Commissioner Joy Malakoff
Page 24 of 435
3
THIS PAGE INTENTIONALLY LEFT BLANK
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Resolutions - C7 G
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Raul J. Aguila, City Attorney
October 31,2017
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
MAYOR'S NORTH BEACH MASTER PLAN STEERING COMMITTEE AND
DIRECTING THE CITY MANAGER, OR HIS DESIGNEE, TO COMMENCE
DISCUSSIONS WITH MIAMI-DADE COLLEGE TO EXPLORE A POTENTIAL
LOCATION FOR A NORTH BEACH SATELLITE CAMPUS, INCLUDING BUT NOT
LIMITED TO, THE BYRON CARLYLE SITE.
RECOMMENDATION
Pursuant to the request of Commissioner John Elizabeth Alernan, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the October 31, 2017 Special
Commission meeting.
Leoislative Trackino
Office of the City Attorney
Sponsor
Commissioner John Elizabeth Alernan
ATTACHMENTS:
Description
o Reso - North Beach Satelite Campus
Page 62 of 433
5
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISS'ON OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE MAYOR'S NORTH BEACH
MASTER PLAN STEERING COMMITTEE AND DIRECTING THE
ctTY MANAGER, OR HIS DESIGNEE, TO COMMENGE
DISCUSSIONS WITH MIAMI DADE COLLEGE TO EXPLORE A
POTENTIAL LOCATICIN FOR A NORTH BEACH SATELLITE
CAN'PU$, INCLUDING BUT NOT LIMITED TO, THE BYRON
CARLYLE SITE.
WHEREAS, at its meeting on October 26, 2A17, the Mayor's North Beach Master Plan
Steering Committee ('North Beach Committee") unanimously passed a motion recommending
that City staff work with Miami Dade College to explore the prospect of a North Beach satellite
campus at locations including, but not limited to, the Byron Carlyle site; and
WHEREAS, the location of a satellite campus of Miami Dade College in North Beach
would enhance educational opportunities for the residents of the City of Miami Beach; and
WHEREAS, the Mayor and City Commission deem it in the best interest of the City to
accept the recommendation of the North Beach Gommittee at its October 26,2017 meeting, and
to direct the City Manager, or his designee, to commence discussions with Miami Dade College
to explore a potential location for a North Beach satellite campus including, but not limited to,
the Byron Carlyle site.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMTS$ION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the North Beach Steering Committee and
direct the City Manager, or his designee, to commence discussions with Miami Dade College to
explore a potential location for a North Beach satellite campus including, but not limited to, the
Byron Carlyle site.
PASSED and ADOPTED this 3lutday of October, 2017.
AfiE$T:
Philip Levine, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
FORM & IANGUAGE
F:\ATTO\TURN\RESOSlResoluton Norlh Beach Satellite Campus.docx
-*7n'lDoto
Page 63 of 433
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New Business and Commission Requests - R9 H
COMMISSION MEMORANDUM
Honorable Mayor and Menrbers of the City Commission
Jimmy L. Morales, City Manager
October 31,2A17
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT DISCUSSION REGARDING EXTENSION OF THE CONCESSION AGREEMENT
BETWEEN THE CITY AND WATER TAXI MIAMI, INC., ON A MONTH-TO.MONTH
BASIS.
RECOMMENDATION
On October 27,2017, the Neighborhood/Comnunity Affairs Committee (NCAC) discussed the Water
Taxi Pilot Program and whether or not to extend the City's agreenent with the Concessionaire,
Water Tax Miami, lnc., for a one-year pilot program (the Agreernent), which expires on November 29,
2017. At the neeting, the Committee recomrnended extending the Agreenent with the
Concessionaire for one (1) rnonth in order to enable water taxi service during Art Basel; and, further,
the NCAC recomrnended that staff return to NCAC in December with alternative options for
operation of a successful waterborne transportation service in the City.
The Administration recomnends extending the Agreernent on a month-to-month basis to provide staff
time to develop and present operational alternatives to the NCAC and the City Commission.
ANALYSIS
From an operational perspective, the Concessionaire always had a concern as to the time it would
take to ramp-up denend for the water taxi service so that it could be self-sustainable and ultirnately
profitable.
Periodic site inspections conducted by the Transportation Department staff have determined that the
Concessionaire is in violation of various terrs of the Agreernent including compliance to type of the
vessels, on-site nnnitoring, and schedule.As a result of reported incidents, a Contractor lncident
Report was issued to the Concessionaire on July 7,2017 (Attachrnent A).Subsequently, given the
Concessionaire rernained non-compliant with terns of the agreement, a Contractor Notice of
Violation was issued to the Concessionaire on August 30, 2017 (Attachment B).While the
Concessionaire was found to be in compliance with respect to the type of vessel and service
schedule at Purdy Dock, the Concessionaire continues to not provide on-site nxrnitoring and
oversight at Purdy Dock.Pursuant to the Agreernent, the Concessionaire shall hire an employee to
be stationed at or near the Concession Area at Purdy Avenue Dock, whose responsibility is to
provide on-site nrcnitoring and oversight of the Pilot Program. The Concessionaire has epressed
that the Pilot Program does not provide sufficient revenues to pay for on-site nxrnitoring and
oversight and, thus, has refused to provide rnonitoring and oversight.
The Departrnent of Marketing and Communications has been pronrcting the water taxi pilot service.
These efforts include, but are not limited to, social nedia advertisement, conrnunications e-blast,
MB Magalne, MBTV and a public service announcement on-board the Miami Beach
Page 440 of 453
7
Trolleys.Water taxi pilot program information was also shared with the Greater Miami and the
Beaches Hotel Association and the Greater Miami Convention and Msitors Bureau for their
dissemination. The water taxi operator has supplerented the City's promotional efforts by nniling
brochures to residents and businesses in the Sunset Harbour neighborhood. Additionally, between
mid-August and end of September 2017, the water taxi operator pronnted reduced fares of $6 for
one-way trips for all Miami-Dade County residents. The City's Departrnent of Marketing and
Comrnunications assisted with pronnting the reduced fares.
The current agreernent with the Concessionaire expires on Novenber 29,2017.Per the agreernent,
upon the written request of the Concessionaire at least sixty (60) days prior to the expiration of the
initial one year term, the City Commission at its sole and reasonable judgement and discretion can
extend the term of the agreenent for two (2) additional years.
Currently, the water taxi service is using one of the City's existing docks at Purdy for its operation.
The City allocated funding in FY 2016117 for the design and construction of a dock for rnrtorized
vessels and kayak launch at Purdy Avenue Dock (the New Dock).Once constructed, the New Dock
for motorized vessels will be used for water taxi operation. The design of the dock has been
conpleted and the City is in the process of securing the environnental permits in order to issue a bid
for the construction of the dock, with a contract award anticipated within the next six (6) rnonths.
Once construction is completed, the Administration recomrnends that a new competitive solicitation
be issued for commuter-based public waterbome transportation services.
It is worth noting that the County is currently working on updating a 2006 feasibility study on regional
waterborne transportation solutions, including a plan for on-dernand and fixed-route waterborne
transportation.At this time, however, the tineline for completion of the County's feasibility study and
a potential solicitation for such services has not been determined.
BACKGROUND
On April 30, 2016, the City Commission adopted Resolution No. 2016-29370 approving a water taxi
pilot program (pursuant to ITN No. 2014-326-JR) with Water Taxi Miami, lnc. (Concessionaire) for a
term of one (1)year serving the PurdyAvenue Dock, Sea lsle Marina, Bayside Marketplace, and
Miami Beach Marina. Similar to ITN specifications, the water taxi service was to operate at no cost
to the City. The service operates Friday through Sunday of every week, subject to weather
conditions. The limited days of operation, service frequency, and fare structure were established by
the Concessionaire and approved by the City Commission. Given the City's goal to provide
cornmuter based waterborne transportation service, the limited pilot service was proffered by
Concessionaire as a ffeans to test the service and build ridership in advance of a pernnnent
commuter-based service. Attachnent C depicts the water taxi route, schedule, and service cost.
Pursuant to an operating agreenent, Water Taxi Miami comrnenced special event service for Art
Basel 2016 from December 1 through December 3, 2016 as part of the approved High lmpact
Events Plan of Operation approved by the City under the Agreenent. During Art Basel 2016, water
taxi service was provided to 253 passengers who used the service to travel between Miami Beach
and Miami. The pilot program for limited water taxi service operating Friday - Sunday of every week
comnenced on Friday, December 30, 2016. Therefore, during Quarter 1 of Fiscal Year 2017
(FY17), limited water taxi service operated only on December 30 and December 31,2A17 and no
tickets were sold at the Purdy Avenue Dock during those two (2) days.
During Quarter 2 of FY17, 78 tickets were sold at Purdy Avenue Dock. The total number of
passenger boardings at Purdy Avenue Dock was 79 and the total number of passenger
disenbarking at PurdyAvenue Dockwas 154. The nnjorityof the passengers boarding at Purdy
Avenue Dock (74 out of 79) had Bayside Marketplace as their destination. The majority of the
Page 441 of 453
8
passengers who disembarked at Purdy Avenue Dock (152 out of 154) originated from Bayside
Marketplace. The total number of passengers using water taxi service during the second quarter of
FY17 was 233.
During Quarter 3 of FY17, 38 tickets were sold at Purdy Avenue Dock. The total number of
passenger boardings at Purdy Avenue Dock was 38 and the total number of passengers
disembarking at Purdy Avenue Dock was 79. The rnajority of the passengers boarding at Purdy
Avenue Dock (36 out of 38) had Bayside Marketplace as their destination. All passengers who
disembarked at Purdy Avenue Dock originated from Bayside Marketplace. The total number of
passengers using water taxi service during the 3rd Quarter of FY17 traveling to or from Purdy
Avenue Dock was 117.
During Quarter 4 of FY17, only 27 tickets were sold at Purdy Avenue Dock.
The total number of passengers boarding at Purdy Avenue Dock as part of the Water Taxi Pilot
Program from December 30, 2016 to September 30,2017 is 1M.
CONCLUSION
This item is being presented to City Conrnission for discussion and further direction.
KEY INTENDED OUTCOMES SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
FINANCIAL INFORMATION
Per the Agreernent, the Concessionaire is required to pay the City a surcharge per ticket sold at
Purdy Avenue Dock for the water taxi service. Based on the total number of tickets sold at Purdy
Avenue Dock pursuant to the water taxi pilot program, the Concessionaire is subject to a $638.75
total surcharge during Quarters 1,2,3, and 4. The Transportation Department has been invoicing
the Concessionaire on a quarterly basis.
Legislative Tracking
Transportation
ATTAGHMENTS:
Description
o Attachment A
o Attachment B
n Attachment C
Page 442 of 453
9
1.
2.
i
Program Veslels (sub-C€qtic* B|I;S find 9.2}
Oversight {subsecdlon 3.1.9} il
Flan of O
n lf correclion
this form td tha Prqcu
has rrot b**n c*mpleted fy the
TheConcessionairewaswarnedvarioustimesinconnectiontotheltemsbelow:
X- Pr$gram Vess*ls {violation cfub*ecticn*,3.}.5 and 9.2} - Canc*ssirnaire opsrattd with nsn;csm$lian$n*n-
approved six (6) passenger vesse!, as identi{ied during staff site visits on 2117l2}l?,2124/?Ot7 and 6/l,Ol20t7 .
' 2. Qver*ight {viclation,of **h-edfihq Hlfit$} - Conresslonalre do*s not prodde for cversight rt $r ,If"er.!hE,
Conce*sisn lre*,-as*egtifieH duii$d ltaff stti viri* on #24/1? ,3ftU1?, 4lzlli7,51i#,r, 6lt6l].r...,..pid
3, FIan ef Sp*inti*.*,ffia-iri-pf ffit+;t;conceisionaire does not adh*rtta du!€l
Sperationr, irrc.l.u-d.{f -,$[{Hiti1}rl.1} iF} t*.i.irpt,s* {!*.!he F*r{1Ayg!ue rtpp, as
on rr;eonu, on alieia0ff, and en 6l3ol2oL7 aithe same tirne.
Starting on OUt4/rOii, the Concesiionaire (Water Taxi Miami, lnc.) shall provide/operate \rrith apprcpriaie eli
{rnininrum capacity sf thi ighI {S*} p,a*seng*rx}, vidb f*r appropriote orrarsight **rd *dher* to='F,,t *f Op*.s$t!ry;
to ultimately be complaint with the terms of the agreemel,_.:d.above subsections. Iailure: On:- immediate
csrrective acrion can result in a UUx|q$ .f ernlre* ylolation, of default, and cantract terminntis*- ffernedies. $ttal hle
through the agreement may be thought accordingly'
', document the situation in Sectiond and refer
* * signature not iequired if contractor has been notified
n^^^ , aa ^t AEirdgti ++\) ur +iJ\)
10
& lnrba shorddcoqplat* r ffe
A Report shculd U* co*pleiid &$tru $*SgneO Contract Manager. ln certain cas-es, the Afp.,p-..,rt;aE;,1 S
ffi;,J;,ffi;:IhcnontractManager' , l'i i,'
The Report should he completed in,ffil.detail to docum*nt the incident l'tiolation, lt ig+XtiemalY
important for the content of the Report to reffect clear information in a fuctual, unbiased r-nal1er to
avoid passing along opinions ard judgmentx. What a staff person has to say conc*rnin$:s4 in$$ent i:
essential to other peopl* who *re tryfns to understand what has happened and why it olcu*1d,5t4tr
*hor"rld re-read the reports that llrqy-,, have written prior to submitting ]het to a:ryr5 th3,t !.tt!y.:*
l*gible, hav* been corrrpletsd proB*iiy and that the report truly rtates w1*1the'$ei'has intended to
convey. All sectionr *f therr*pcrt mu*t be complet*d tavoid leaving blank*l;.lniiu'r'nt &eportr are tegal
documerts which rnay be viewed by the indlvid*af his/her &uardian, desig*e*. s leg*l r*pr*s*ntativ*
and may be utilized by courts. Be sure ts use the full name of staff or providers when referencing them
,1 - reporg initials *f sta.tf./$:r* rirr?.f,q+ot sufficient. A copy 6f the fiep*g'& t$ ffi H#UIdcU {*jf1e
.,!an {toi et}d.,ta the*r. .Cn- $ce Administrataq in the Fyctu@trtt $erartmelt. fn9
'ccntractoFs'rsceipt of the. ".€
,be documented through either a signature *@bmit**d
electronically so that a record iC availab;le.
If yau have any gu*rtion*,an x$f*tiM $ XsFoit motwt Fide! Mirand*; C$ffir, hto,,::, ,
Administrator, in the Procurement frepartment, at !85{7}7496 or fidelmiranda@miamiabeachfl.rov
F r*me*l Oeporlm;n}
o^^; rnA ^f iEaI g!,E -a- v. -v-
,it,,t. i. l:,
11
Attachment B
MIAMIBEACH
City of lvlisrni 8eoch, I 755 Meridion Avenue, 3d Floor, Miomi Beoch. Florido 33 I39, www,miomibeochfl.gov
PROCUREMENT DEPARIMENT
August 30,2417
SENT VIA E-MAIL TO: vlessinq@qmail.com
Maxim Vlessing
WaterTaxi Miami, lnc.
244 Biscayne Blvd., Suite 2708-N
Miami, FL.33132
NOTICE OF VIOLI\TION
RE: CONCESSION AGREEMENT 14.326.01 BETWEEN THE CITY OF MIAMIBEACH AND
WATER TAXI MIAMI, INC,, FOR THE TURNKEY IMPLEMENTATION, MANAGEMENT,
oPERATION (TNCLUDING DOCK OPERATTONS) AND MATNTENANCE OF A
WATE RBORN E TRANSPORTATION SERVIC E S PI LOT P ROG RATVI, PU RSUANT TO ITN
NO.2014-326.JR.
Dear Mr. Vlessing:
The purpose of this letter is to notify Water Taxi Miami, lnc. ("Concessionaire") that it is in violation
of its contractual obligations pursuant to the above-referenced agreement (thg "Agreement") with
the Cityof Miami Beach (the "City"). Specifically, Concessionaire hasfailed to provide an employee
to be stationed at or near the Concession Area; whose responsibility is to provide on-site
monitoring of the program, including the Concession Area, pursuant to Section 3.1.9 of the
agreement. Additionally, Concessionaire has failed to adhere to the Plan of Operation's scheduled
hours and Destinations without proper notification to and authorization from the City in contradiction
to Section 3.1.7 and Exhibit 4 of the agreement.
This letter shall serve as notice to Concessionaire that the described violations of contract
requirement(s) shall be corrected as follows:
1. Concessionaire shall provide an employee, who will be stationed ator nearthe Concession
Area, whose responsibility will be to provide on-site monitoring (oversight) of the Program
including the concession area. This employee must be provided on, or before
September 8,2017.
2. Effective immediately, the Concessionaire must strictly adhere to all provisions of Section
3.1.7 and Exhibit 4 of the agreement.
Failure to correct the violation(s) of contract requirement(s) by the deadline noted may result in the
issuance of a Notice of Default by the City, which may include, but not be limited to, termination of
your agreement with the City for default and ineligibiliV for future work.
Shoutd you have any questions, please contact
fidqlmiranda@ m iEmi beachfl.qov.
Sincerely,
Fidel Miranda at 3A5-673-7490 or at
Fidel Miranda
Contracts Compliance Administrator
v\,le cre ccmniteci ro pioviriitta erceient pvblicse*ics cnd roBfr*"#*F"q#r??,t. anC pioy in aur vibrqni,r,roicei iixlcil. iomnrr/r/ry
12
llAtSLE lri:
,VIARINA
BAYSIDE
,TIATXEIPT.ACE
FOR ADDITIONAL INFORMATION, VlSlT: WWW.WATERTAXIMIAMI.COM
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