Mayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilman Jeffrey P. Freimark Councilman Buzzy Sklar

Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L.

Bal Harbour Village Council Regular Meeting Agenda

May 19, 2020 At 6:30 PM

Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154

CALL TO ORDER/ PLEDGE OF ALLEGIANCE

BHV Who We Are, Vision, Mission, Values / The Bal Harbour Experience Bal_Harbour_Experience.pdf

REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS PRESENTATIONS AND AWARDS

PA1 Police Semi-Annual Report

CONSENT AGENDA C6 - COUNCIL MINUTES

C6A April 21, 2020 Village Council Minutes VillageCouncilRegularMeetingMinutes _April21_2020.pdf Freimark Form 8BI_April21RegularCouncilMeeting.pdf

R5 – ORDINANCES

R5A Porte-Cocheres (Second Reading) AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 “ZONING” OF THE CODE OF ORDINANCES, BY AMENDING SECTION 21-268 “ADDITIONAL STANDARDS FOR GRANDFATHERED APARTMENT-HOTEL PROJECTS” TO PERMIT PORTE-COCHERES IN THE RM-5 ZONING DISTRICT TO ENCROACH AND PROJECT INTO THE FRONT SETBACK IF IT MEETS CERTAIN CRITERIA; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE. Item_Summary-Beach_Haus_-_Porte-Cochere_Council_Item_Summary__002__MH_Final-2__1_.p Council_Memo-Beach_Haus_-_Porte-Cochere_Council_Memo-cantilever__002__MH_Final-2__1_ Ordinance_Beach_Haus_-_Porte-Cochere_Code_Amendment_ORD-Cantilever__5__MH_Final__2 17153-02A-A2.00 MH Final.pdf

Bal Harbour Village Council Regular Meeting Agenda — May 19, 2020 P a g e | 2

R7 – RESOLUTIONS

R7A General Obligation Bond Program Interlocal Agreement for Parks and Public Spaces Operations Facility A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN INTERLOCAL AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND MIAMI-DADE COUNTY ALLOCATING PARTIAL FUNDING FOR THE PARKS AND PUBLIC SPACES OPERATIONS FACILITY THROUGH THE MIAMI DADE COUNTY GENERAL OBLIGATION BOND PROGRAM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. 1_-_Item_Summary_-_GOB_PPS_Operations_Facility.pdf 2_-_Council_Memo_-_GOB_PPS_Operations_Facility.pdf 3_-_Resolution_-_GOB_PPS_Operations_Facility.pdf 4_-_Exhibit_1a_-_Interlocal_Agreement-2.pdf 4_-_Exhibit_1b_-_Interlocal_Agreement_-_Schedule.pdf

R9 – NEW BUSINESS AND COUNCIL DISCUSSION

R9A Discussion Regarding the Village's Reopening Approach - Councilman Freimark Discussion_Item_-_Reopening_Approach.pdf

R9B Discussion Regarding the Beach Renourishment Schedule - Councilman Freimark Discussion_Item_-_Beach_Renourishment_Schedule.pdf

R9C Discussion Regarding the Budgeting Assumptions for Next Year - Councilman Freimark Discussion_Item_-_Budgeting_Assumptions_for_Next_Year.pdf

R9D - PUBLIC COMMENT R10 – VILLAGE MANAGER REPORT

R10A Update on Village’s Efforts Pertaining to the Coronavirus (COVID-19)

R10B 2020 State Legislative Update Bal Harbour Village - Final Report - Legislative Session 2020 (AC).pdf

R11 – VILLAGE CLERK REPORT

R11A Lobbyist Report R11A1_Lobbyist Registration Report as of May12_2020.pdf

R12 – VILLAGE ATTORNEY REPORT

Bal Harbour Village Council Regular Meeting Agenda — May 19, 2020 P a g e | 3

END OF REGULAR AGENDA ADJOURNMENT One or more members of any Village Committee/Board may attend this meeting of the Council and may discuss matters which may later come before their respective Boards/Committees. The New Business and Council Discussion Section includes a section for Public Comment. On public comment matters, any person is entitled to be heard by this Council on any matter; however, no action shall be taken by the Council on a matter of public comment, unless the item is specifically listed on the agenda, or is added to the agenda by Council action. Any person who acts as a lobbyist, pursuant to Village Code Section 2-301 (Lobbyists), must register with the Village Clerk, prior to engaging in lobbying activities before Village staff, boards, committees, and/or the Village Council. A copy of the Ordinance is available in the Village Clerk’s Office at Village Hall. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Village Clerk’s Office (305-866-4633), not later than two business days prior to such proceeding. All persons who need assistance or special accommodations to participate in virtual meetings please contact the Village Clerk’s Office (305-866-4633), not later than two business days prior to such proceeding All Village Council meeting attendees, including Village staff and consultants, are subject to security screening utilizing a metal detector and/or wand, prior to entering the Council Chamber, Conference Room, or other meeting area located within Village Hall. This is for the safety of everyone. Thanks for your cooperation.

Bal Harbour is one of South Florida's most attractive and desirable residential neighborhoods and one of the world’s most beautiful, sophisticated and cultured destinations.

Bal Harbour will be the safest residential community with a beautiful environment and unparalleled destinations & amenities, providing exclusivity and access to ensure the highest quality of life for our residents and an unmatched experience for our visitors from around the world.

Deliver the “Bal Harbour Experience!” – creating that distinctive feeling one experiences when living in or visiting our unique, exclusive, curated and refined community.

ServiceIntegrityProfessionalStrategicInclusive

WHO WE ARE

VISION

MISSION

VALUES

B E A U T I F U LE N V I R O N M E N T

E X C L U S I V I T Y& A C C E S S

D E S T I N AT I O N &A M E N I T I E S

S A F E T Y

• Beautiful Environment – represented by our pristine beach, lush landscaping, well maintained public spaces, well-designed jogging paths, sidewalks and rights of way, with interesting public art experiences. These signature public amenities reflect the maintenance standards the community expects, and allow visitors to immediately identify they are in Bal Harbour. In other words - you immediately recognize when you have arrived to Bal Harbour and you immediately know when you have left.

• Destination & Amenities - represented by the luxury hotels, eateries, and high-end boutiques and shopping available, in our beautiful setting.

“The Bal Harbour Experience” was initially defined at the first annual Bal Harbour Village Council Retreat in November 2017. It is that distinctive feeling one experiences when living in or visiting our unique, exclusive, curated and refined community. Developing funding strategies, initiatives and programming that will further this vision are the focus of program initiatives and the budget development process.

The collective vision should drive decision making for the Village into the future. The four main elements, which denote the essence of the Bal Harbour Experience are:

• Exclusivity & Access – represented by our curated art programs and well-produced special events. Our acclaimed Museum Access Program, Art Chats, exclusive tours, creative public art installations, special access programs during Art Basel, the Bal Harbour Series of the South Beach Wine and Food Festival are just some of the exclusive opportunities created for residents and visitors, and reflect the community’s refined taste.

• Safety - anchored by our focus on a Community Policing model, where our officers are staffed, trained and motivated to provide excellent service and safety to our residents and visitors in a pleasant and friendly manner. The increased visibility, investment in state-of-the-art technology and employment of innovative policing strategies ensures that our community remains safe at all times, as well as a leader and model in public safety.

Together, these elements define what it means to live, work, play and visit in Bal Harbour and what makes our community so unique and distinctive.

This vision rests on a foundation based on:• Developing and maintaining well designed and modernized public facilities and infrastructure;• Implementing smart policies and strategic solutions to address the challenges of today and to ensure that we remain a Resilient

and Sustainable community able to protect our future; and• Ensuring that both the perception and reality of safety in our community remains uncompromised.

E X P E R I E N C E

THE BAL HARBOUR EXPERIENCE

Mayor Gabriel Groisman Assistant Mayor Seth E. Salver Councilman David J. Albaum Councilman Jeffrey P. Freimark Councilman Buzzy Sklar

Village Manager Jorge M. Gonzalez Village Clerk Dwight S. Danie Village Attorneys Weiss Serota Helfman Cole & Bierman, P.L.

Bal Harbour Village Council Regular Meeting Agenda

April 21, 2020 At 6:30 PM

Bal Harbour Village Hall • 655 - 96th Street • Bal Harbour • Florida 33154

On March 13, 2020, Village Manager Jorge Gonzalez declared a State of Emergency for Bal Harbour Village due to the Coronavirus (COVID-19) pandemic. This meeting was conducted virtually via “Go-To-Meeting” in order to minimize exposure to Councilmembers and members of the public. The meeting was broadcast on the Village’s website (www.balharbourfl.gov) and members of the public were encouraged to participate by email (meetings@balharbourfl.gov). CALL TO ORDER/ PLEDGE OF ALLEGIANCE- Mayor Groisman called the meeting to order

at 7:48 PM following the Local Planning Agency virtual meeting.

The following were attended via “Go-To-Meeting”: Mayor Gabriel Groisman Assistant Mayor Seth Salver Councilman David Albaum Councilman Buzzy Sklar Councilman Jeffrey Freimark

Also present in the Council Chamber: Jorge M. Gonzalez, Village Manager Dwight S. Danie, Village Clerk Susan Trevarthen, Village Attorney

REQUESTS FOR ADDITIONS, WITHDRAWALS AND DEFERRALS Councilman Freimark explained that after the February 25, 2020 Village Council Meeting, where a resolution regarding the approval of an agreement between Bal Harbour Village and Step Miles, Inc. for media agency services was passed on the Consent Agenda, he had discovered that the president of Step Miles that he had previously hired as a data base consultant. He said that after careful consideration and discussion with the Village

Bal Harbour Village Council Regular Meeting Agenda — April 21, 2020 P a g e | 2

Attorney, and being that the agreement had not yet been executed, that he would like to have the Council reconsider the item, wherein he would recuse himself from the vote. MOTION: A Motion to reconsider Resolution 2020-1288 regarding an agreement between Bal Harbour Village and Step Miles Inc. for media agency services, and to rehear the item at the end of this Agenda, was moved by Councilman Jeffrey Freimark and Seconded by Assistant Mayor Seth Salver. VOTE: The Motion passed by unanimous voice vote (5-0). PRESENTATIONS AND AWARDS. Mayor Groisman thanked everyone for all the work that they had done and were continuing to during the Village's declaration of emergency due to the Coronavirus. CONSENT AGENDA C6 - COUNCIL MINUTES

Approval of Minutes – February 25, 2020 and March 17, 2020 Regular Village Council Meeting Minutes.

C7 – RESOLUTIONS C7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,

FLORIDA; APPROVING AN ADDITIONAL SERVICES AGREEMENT WITH CHEN MOORE AND ASSOCIATES INC., (CMA) FOR THE PROVISION OF ENGINEERING SERVICES FOR ADDITIONAL DRAINAGE DESIGN, PERMITTING AND LIMITED CONSTRUCTION ADMINISTRATIVE SUPPORT RELATED TO THE UTILITIES INFRASTRUCTURE PHASE 6(A), 6(B) PROJECT, AS SPECIFIED WITHIN CMA PROPOSAL NO. P19.453.02.AS1 IN THE AMOUNT NOT TO EXCEED FORTY SEVEN THOUSAND SEVEN HUNDRED TWENTY TWO ($47,722) DOLLARS, INCLUSIVE OF A SEVEN PERCENT (7%) CONTINGENCY ALLOCATION IN THE AMOUNT OF THREE THOUSAND ONE HUNDRED TWENTY TWO ($3,122) DOLLARS, ROUNDED UP TO THE NEAREST DOLLAR; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.

C7B A RESOLUTION APPROVING A TASK AGREEMENT WITH CALVIN

GIORDANO AND ASSOCIATES INC., (CGA) FOR THE PROVISION OF ENGINEERING, AND PROFESSIONAL CONSULTING SERVICES FOR THE PROVISION OF CONSTRUCTABILITY REVIEW AND COST ESTIMATING SERVICES AS NEEDED FOR JETTY AND CUTWALK RESTORATION PROJECT, IN THE AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000).

Bal Harbour Village Council Regular Meeting Agenda — April 21, 2020 P a g e | 3

C7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING THE ACCEPTANCE OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND), WATERWAYS ASSISTANCE PROGRAM GRANT AWARD, FOR THE JETTY AND CUTWALK RESTORATION PHASE I PROJECT, AS DETAILED WITHIN THE GRANT APPLICATION SUBMITTED MARCH OF 2020; IN THE ESTIMATED GRANT FUNDED AMOUNT OF TWO HUNDRED AND FIFTY-TWO THOUSAND DOLLARS ($252,000); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.

C7D A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,

FLORIDA; APPROVING THE ACCEPTANCE OF A FLORIDA INLAND NAVIGATION DISTRICT (FIND), “WATERWAYS ASSISTANCE PROGRAM” GRANT AWARD, FOR THE SEAWALL AND DOCK REPLACEMENT AND INSTALLATION OF A NEW BOARDWALK AND KAYAK, AS DETAILED WITHIN THE GRANT APPLICATION SUBMITTED MARCH OF 2020; IN THE ESTIMATED GRANT FUNDED AMOUNT OF SEVEN HUNDRED AND FIVE THOUSAND, NINETY-SEVEN DOLLARS ($705,097); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.

C7E A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD ON

NOVEMBER 3, 2020 IN BAL HARBOUR VILLAGE FOR THE PURPOSE OF ELECTING TWO VILLAGE COUNCILMEMBERS (DISTRICTS 2 and 4); PROVIDING THAT MIAMI-DADE COUNTY ELECTIONS DEPARTMENT SHALL CONDUCT SAID ELECTIONS; PROVIDING THAT THE VOTING PRECINCT FOR SAID ELECTIONS SHALL BE ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF SAID ELECTION; PROVIDING FOR THE FORMS OF BALLOT AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTIONS TO MIAMI-DADE COUNTY.

MOTION: A Motion to approve the Consent Agenda was moved by Assistant Mayor Seth Salver and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). Mayor Groisman reminded members of the public that comments could be provided during the meeting by emailing meetings@balharbourfl.gov. R5 – ORDINANCES

R5A AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 “ZONING” OF THE CODE OF ORDINANCES, BY AMENDING SECTION 21-268 “ADDITIONAL STANDARDS FOR GRANDFATHERED APARTMENT-HOTEL PROJECTS” TO PERMIT PORTE-COCHERES IN THE

Bal Harbour Village Council Regular Meeting Agenda — April 21, 2020 P a g e | 4

RM5 ZONING DISTRICT TO ENCROACH AND PROJECT INTO THE FRONT SETBACK IF IT MEETS CERTAIN CRITERIA; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE.

Mr. Gonzalez introduced the item, and referred to the discussion of the item at the Local Planning Agency meeting, held just prior to this meeting, and its unanimous recommendation that the Village Council approve the item as written. MOTION: A Motion to pass the Ordinance on first reading was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. There were no comments from the public.

ROLL CALL Yes No Mayor Gabriel Groisman X Assistant Mayor Seth E. Salver X Councilman David J. Albaum X Councilman Buzzy Sklar X Councilman Jeffrey P. Freimark X

VOTE: The Motion passed by unanimous roll call vote (5-0). R7 – RESOLUTIONS

R7A A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AMENDING THE FISCAL YEAR AND 2019-20 BUDGET; PROVIDING FOR EXPENDITURE OF FUNDS; PROVIDING FOR AMENDMENTS; PROVIDING FOR CARRYOVER OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Gonzalez introduced the item saying that this was an annual item that is conducted following the close out of the Fiscal Year, in completion of the Comprehensive Annual Financial Report, and that this item closes out how surplus funds are handled and allocated. He said that the Fiscal Year ended with surplus revenues over expenditures and that the item before the Council was to reserve, carryforward and program the surplus funds for ongoing capital projects. MOTION: A Motion to pass the Resolution was moved by Assistant Mayor Seth Salver and seconded by Councilman David Albaum. VOTE: The Motion passed by unanimous voice vote (5-0).

Bal Harbour Village Council Regular Meeting Agenda — April 21, 2020 P a g e | 5

R7B A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AUTHORIZING THE ISSUANCE OF ITS UTILITY REVENUE NOTE IN THE AGGREGATE PRINCIPAL AMOUNT OF $8,096,000 FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE UTILITY CAPITAL PROJECT PLAN AND PAYING COSTS OF ISSUANCE OF THE NOTE; AWARDING THE SALE OF THE NOTE TO JPMORGAN CHASE BANK, N.A.; PROVIDING FOR SECURITY FOR THE NOTE; PROVIDING OTHER PROVISIONS RELATING TO THE NOTE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE NOTE; AND PROVIDING AN EFFECTIVE DATE.

Mr. Gonzalez introduced the item as a continuation of the Village's capital efforts. He described the funding mechanisms used for water and sewer projects, and provided a background of the competitive process used to seek financing for the water and sewer portion of the Utility Master Plan. He said that JP Morgan Chase had been determined to have provided a combination of the best/lowest rate and terms. Sergio Mas Vidal (PFM Financial Advisors) noted that the “securities” is solely the revenues of the utility, and that given the current market conditions, the 1.29 percent rate achieved for fifteen-year borrowing was a great rate and great timing. Mr. Gonzalez added that difference between the bond issuance and the estimated need was adequately covered by fund balance in the utility fund. MOTION: A Motion to pass the Resolution was moved by Assistant Mayor Seth Salver and seconded by Councilman Jeffrey Freimark. VOTE: The Motion passed by unanimous voice vote (5-0).

R7C A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING A CONSTRUCTION CONTRACT WITH JOHN BELL CONSTRUCTION INC, FOR THE SUPPLY OF ALL MATERIALS, EQUIPMENT AND LABOR FOR THE NEW PARKS AND PUBLIC SPACES OPERATIONS FACILITY REMODELING PROJECT IN THE AMOUNT NOT TO EXCEED ONE MILLION NINETY-ONE THOUSAND AND SEVEN HUNDRED SIXTY-THREE DOLLARS ($1,091,763) FOR BASE BID PLUS AN OWNER CONTINGENCY OF SEVEN PERCENT (7%) IN THE AMOUNT OF SEVENTY-SIX THOUSAND FOUR HUNDRED TWENTY-THREE DOLLARS ($76,423) AND ACCEPTING ALTERNATE NO. 6 FOR THE DEMOLITION OF THE EXISTING OPERATIONS FACILITY AND RECREATION CENTER IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-FOUR THOUSAND FOUR HUNDRED TWENTY-FIVE DOLLARS ($154,425) AND AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE ALTERNATE NOS. 1, 2 AND 9 IN AN AMOUNT NOT TO EXCEED NINETY-FOUR THOUSAND, ONE HUNDRED FORTY-SEVEN

Bal Harbour Village Council Regular Meeting Agenda — April 21, 2020 P a g e | 6

DOLLARS ($94,147); PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.

Mr. Gonzalez introduced the item say that part of the process for the development of the Waterfront Park involved the demolition of the current Parks and Public Spaces Operations Facility and he construction and remodeling of a new off-site facility. He described the competitive process used to select John Bell Construction Inc. and said that it was his recommendation was for the Council to accept the original base bid with an added contingency and accept add alternates for demolition, and the ability to negotiate for a generator and landscape and irrigation system. A general discussion ensued regarding the submission of a bid that was submitted three minutes after the publicly noticed submission deadline and bid opening date. Mr. Gonzalez added that given his past experience, that if the late bid was to be considered, that it would be better not to arbitrarily accept a late bid, risking a bid protest, but to start to the competitive process over again, which would further delay the project. There was a general consensus from the Council to adhere to the competitive bid process and not to re-bid the project. Mayor Groisman asked what the timeline for the completion of the project would be, to which Oscar Morejon (John Bell Construction) responded that the project duration would be six months, and that the demolition Bal Bay and the Ops Facility concurrently at the tail end of the project, to combine the general condition and requirements regarding supervision project management and overhead. He then provided a brief description of the qualifications of his company. Councilman Sklar agreed that the savings in general conditions and the expediency of moving forward and not rebidding, make up for any cost differentials, to which Mayor Groisman added that it’s important that the project be completed properly and on time. There were no comments from the public. MOTION: A Motion to pass the Resolution was moved by Councilman Jeffrey Freimark and seconded by Councilman Buzzy Sklar. VOTE: The Motion passed by unanimous voice vote (5-0). R9 – NEW BUSINESS AND COUNCIL DISCUSSION

R9A Discussion regarding Dog Walking Ordinance for the Beach Path - Councilman Sklar

Councilman Sklar introduced the item saying that the current ordinance allows for dogs to be walked on the Beach Access (hard pack) and that he would like the Council to consider modifying it to also allow dog walking on the pedestrian path. Mayor Groisman agreed

Bal Harbour Village Council Regular Meeting Agenda — April 21, 2020 P a g e | 7

that flow of traffic (pedestrian/bicycle/etc.) needed to be rethought and suggested waiting for things to return to normal before taking action. There was a general consensus from the Council to bring the item back for Council consideration after Coronavirus restrictions have been relaxed. R9B - PUBLIC COMMENT R10 – VILLAGE MANAGER REPORT

R10A Update on Village’s Efforts Pertaining to the Coronavirus (COVID-19)

Mr. Gonzalez provided current Coronavirus case statistics for the State, County and Bal Harbour, and he provided an overview of the Village’s response in declaring an emergency, daily situation report meetings and the issuance of emergency orders, wherein Bal Harbour led the County and other municipalities in implementing a Safer at Home order and travel restrictions. He described the coordinated efforts with the building and hotel managers, municipal mayors and construction businesses to limit coronavirus exposure. He described Assistant Manager Ramiro Inguanzo’s involvement on County Committees exploring options for re-opening, and the Village’s efforts in keeping the community informed through regular updates, email blasts, robocalls and mask distributions. Mayor Groisman said Bal Harbour has been a leader in these efforts and that cities are calling us for guidance on these issues. Assistant Mayor Salver announced that Bal Harbour needed have a greater participation in the U.S. Census. Councilman Sklar asked why people were being allowed on the sand if the beaches were closed, to which Mayor Groisman said that enforcement was a tough balance. Councilman Freimark said that he agreed that the rules for closing the beach should be followed. Councilman Albaum asked the Manage to describe the original order, to which Mr. Gonzalez, described the order would allow residents to stroll the beach path and hard pack and that people going east of the dune, walking north and south, could be allowed to allow some flexibility in order to relieve the pressure on the paths to which Assistant Mayor Salver said that he supported the current approach. Councilman Freimark said that the safety of officers enforcing the ban was of utmost importance and he reiterated that he believed that the beach should be close, to which Councilman Albaum and Councilman Sklar agreed. Councilman Freimark left the meeting at 9:27 PM

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Reconsideration of Resolution 2020-1288

A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND STEP MILES, INC. FOR THE PURPOSE OF PROVIDING MEDIA AGENCY SERVICES AT A COST NOT TO EXCEED $60,000; APPROVING AN INITIAL TERM OF SEVEN MONTHS AND A RENEWAL OPTION FOR UP TO THREE ADDITIONAL YEARS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.

Mr. Gonzalez described the item and there were no comments from the public.

MOTION: A Motion to pass the Resolution was moved by Mayor Gabriel Groisman and seconded by Assistant Mayor Seth Salver.

VOTE: The Motion passed by unanimous voice vote (4-0).

The Village Clerk then read a comment submitted by resident Babak Raheb on April 16, 2020 regarding the conduct of virtual meetings.

R11 – VILLAGE CLERK REPORT

R11A Lobbyist Report

R12 – VILLAGE ATTORNEY REPORT

END OF REGULAR AGENDA

ADJOURNMENT The meeting was adjourned at 9:29 PM.

________________________Mayor Gabriel Groisman

Attest:

_____________________________ Dwight S. Danie, Village Clerk

May 11, 2020

MAY 19, 2020 AGENDA ITEM _______

COUNCIL ITEM SUMMARY

Condensed Title: AN ORDINANCE AMENDING CHAPTER 21 “ZONING” OF THE CODE OF ORDINANCES, BY AMENDING SECTION 21-268 “ADDITIONAL STANDARDS FOR GRANDFATHERED APARTMENT-HOTEL PROJECTS” TO PERMIT PORTE-COCHERES IN THE RM-5 DISTRICT.

Issue: Should the Village Council approve this Ordinance allowing Porte-Cocheres for Grand-fathered Apartment-Hotels in the RM-5 Zoning District?

Bal Harbour Experience: x Beautiful Environment x Destination & Amenities

□ Safety □ Exclusivity & Access

□ Modernized Public Facilities + Infrastructure □ Resiliency + Sustainable Community

Item Summary/Recommendation: Beach House Bal Harbour (BHBH) proposes to re-develop and enhance the property located at 10250 Collins Avenue, consistent with the improvements and aesthetics of the property located at 291 Bal Bay Drive. The existing building at 10250 Collins Avenue is situated 50’-2” from the front property line, but there are currently no allowable encroachments in the RM-5 district. This is the only grandfathered apartment hotel use in the Village, and it is governed by special provisions of the RM-5 zoning district. BHBH is requesting that the Village Council amend Division 9, “RM-5 Multiple Family Residential District,” Section 21-267, “Setbacks” of the Village Zoning code with language similar to that provided in the Ocean Front (OF) District for Porte-Cocheres. At the February 25, 2020 Council meeting, the Owner made a proposal different than the previously proposed cantilevered Porte-Cochere without columns option. Subsequently, the Village Planner and Village Attorney determined that what the Owner had proposed is not allowed. The Owner is converting an existing building, and the building façade is already at the building setback line established by the plat. No columns are allowed beyond the building setback line. The proposed option now is an attractive Porte-Cochere, without columns, that blends well with the architecture of the buildings and is not intrusive to the surrounding area. Given the location of the building, along the base of the Herman Fultz Bridge, allowing such an element will not be out of scale or unwarranted. This ordinance was approved at first reading of the Local Planning Agency and Council Meeting on April 21, 2020 with a vote of 5-0. THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS ORDINANCE.

Advisory Board Recommendation: Local Planning Agency (LPA)

Sign Off: Building Official Village Manager

Grace M Escalante Jorge M. Gonzalez

AGENDA ITEM _______

COUNCIL MEMORANDUM TO: Honorable Mayor and Village Council FROM: Jorge M. Gonzalez, Village Manager DATE: May 19, 2020 SUBJECT: AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING

CHAPTER 21 “ZONING” OF THE CODE OF ORDINANCES, BY AMENDING SECTION 21-268 “ADDITIONAL STANDARDS FOR GRANDFATHERED APARTMENT-HOTEL PROJECTS” TO PERMIT PORTE-COCHERES IN THE RM-5 ZONING DISTRICT TO ENCROACH AND PROJECT INTO THE FRONT SETBACK IF IT MEETS CERTAIN CRITERIA; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE.

ADMINISTRATIVE RECOMMENDATION The Administration recommends the adoption of the Ordinance allowing relief to Beach Haus Bal Harbour LLC (BHBH), who desires to construct a Porte-Cochere in the RM-5 Grandfathered Apartment Hotel building front setback. This ordinance was approved at first reading of the Local Planning Agency and Council Meeting on April 21, 2020 with a vote of 5-0. BACKGROUND In July 2017, BHBH purchased the three buildings formerly owned by Bal Harbour Quarzo (Quarzo) located at 290 Bal Bay Drive (current hotel); 291 Bal Bay Drive (current vacant building under construction); and 10250 Collins Avenue (current occupied rental property). BHBH’s development plan continues to focus on the redevelopment and conversion of all three buildings into the “Beach Haus Bal Harbour,” a contemporary apartment-hotel building operated for short-term vacation rentals. The property will be a limited-services apartment-hotel that features a family-friendly environment and several new and enhanced amenities. This is the only grandfathered apartment hotel use in the Village, and it is governed by special provisions of the RM-5 zoning district. In October 2017 and November 2018, the Village Council approved certain amendments to the Village Code of Ordinances in order for the proposed development to move forward. Construction Permit Applications were submitted shortly thereafter on December 22, 2017 and a Phase One permit for the demolition of the windows and doors was issued on February 13, 2018. The Phase Two permit for the interior remodeling was also applied for on December 22, 2017; however, the plans were recently approved by Miami-Dade County. The Phase Two permit has been in “ready to issue” status as of January 6, 2020.

May 19, 2020 Council Meeting Re: Porte-Cocheres in RM-5 Zoning District Page 2 of 4

The permit review for Phase Two coincided with the legal challenge filed against BHBH, which has now been resolved. A Resolution amending the Compliance Agreement between the Village and BHBH was submitted to Village Council at the February 25, 2020 Council meeting and subsequently approved. After resolving pending bankruptcy proceedings, which greatly delayed the project, the Owner has indicated a readiness to proceed with the construction and the remaining buildings. The Owner has requested that the Village consider a request to permit a Porte-Cochere along the entrance of Building 3 of the project located at 10250 Collins Avenue. The Owner has indicated that incorporating this architectural feature will enhance the visitor’s experience, especially during the “check-in” and “check-out” process. At the February 25, 2020 Council meeting, the Owner made a proposal different than the previously proposed cantilevered porte-cochere without columns option. Subsequently, the Village Planner, Michael Miller, and Village Attorney, Susan Trevarthen, determined that what the Owner had proposed is not allowed. The Owner is converting an existing building, and the building façade is already at the building setback line established by the plat. No columns are allowed beyond the building setback line. The proposed renderings show a single, attractive Porte-Cochere, without columns, that blends well with the architecture of the buildings and is not intrusive to the surrounding area. Given the location of the building, along the base of the Herman Fultz Bridge, allowing such an element will not be out of scale or unwarranted. ANALYSIS Porte-Cochere for Grandfathered Apartment-hotels in RM-5 Zoning District BHBH proposes to re-develop and enhance the property located at 10250 Collins Avenue, consistent with the improvements and aesthetics of the property located at 291 Bal Bay Drive. The existing building at 10250 Collins Avenue is situated 50’-2” from the front property line, but there are currently no allowable encroachments in the RM-5 district. BHBH is requesting that the Village Council amend Division 9, “RM-5 Multiple Family Residential District,” Section 21-267, “Setbacks” of the Village Zoning code with language similar to that provided in the Ocean Front (OF) District regarding Porte-Cocheres.

Section 21-267, “Setbacks” states:

No Building or any part thereof, except a second and third story balcony overhang of four feet, may be erected in the RM-5 Multiple Family Residential District nearer to the front line, which is Bal Harbour Boulevard, than 50 feet, or as otherwise shown on the recorded plats of the Residential Section of Bal Harbour, and Resubdivision of Lot 21, Block 12 and Tract F of the Residential Section of Bal Harbour, or nearer to the side lines than 25 feet, or nearer to the rear lines than 50 feet, except that one-story garages and/or Servants' Quarters may be erected within the rear 30 feet of the Lot, but not nearer than five feet to the side or rear lines. All lots in the RM-5 Multiple Family

May 19, 2020 Council Meeting Re: Porte-Cocheres in RM-5 Zoning District Page 3 of 4

Residential District except Lots 1 to 3, inclusive, Block 12A, shall be regarded as fronting on Bal Harbour Boulevard. Lots 1 to 3, inclusive, Block 12A, shall be regarded as fronting on Baker's Haulover Inlet.

Section 21-268, “Additional standards for grandfathered apartment-hotel projects” states:

(a) Minimum landscaped open space. There shall be a minimum of 20 percent landscaped open space per project.

(b) Management. At least one management representative shall be working at the project to serve the needs of hotel guests 24 hours a day, seven days a week.

(c) Security. Security shall be provided in accordance with a written security plan, as approved by the Village Manager or designee.

(d) Accessory uses in rear setback. Structures erected in the rear 30 feet of the Lot, not nearer than five feet to the side or rear lines, may be used for one-story garages and facilities for the exclusive use of guests of grandfathered apartment hotel projects. Guest facilities may include business centers, fitness facilities, gyms, meeting rooms, spas or other similar uses approved by the Village Manager or designee or spa and fitness facilities.

The language in Section 21-291, “Setbacks” in the Oceanfront District as it pertains to Porte-Cocheres reads as follows:

f. No Buildings or Structures of any kind shall be erected or constructed within the front Setback area, except as follows: (i) A Porte-Cochere may be constructed in the front Setback area so long as it is cantilevered, and does not exceed a length along the front entrance in reasonable proportion to the entrance, and projects no more than 20 feet into the front Setback area. Notwithstanding the above, for Buildings that are located as of May 1, 2002 in the front Setback area, the Porte-Cochere may project no more than 20 feet from the face of the existing tower Structure area. Such Porte-Cochere must be reviewed by the Architectural Review Board.

As requested by BHBH, the Village Administration proposes that the Village Council consider the following code amendment:

May 19, 2020 Council Meeting Re: Porte-Cocheres in RM-5 Zoning District Page 4 of 4

Sec. 21-268. - Additional standards for grandfathered apartment-hotel projects. e. Front setback area. No buildings or structures of any kind shall be erected or constructed within the front setback area, except as follows: A Porte-Cochere may be constructed in the front Setback area so long as it is cantilevered, and does not exceed a length along the front entrance in reasonable proportion to the entrance, and projects no more than 20 feet into the front Setback area from the face of the existing building. Such Porte-Cochere must be approved by a certificate of appropriateness issued by the Architectural Review Board. See attached sketches of the 10250 Collins Ave existing building and the proposed Porte-Cochere encroaching in the front setback as well as the rendering of the Porte-Cochere. THE BAL HARBOUR EXPERIENCE By amending the Village Ordinance to allow Porte-Cocheres in the front setbacks of grandfathered Apartment Hotels in the RM-5 district of the Village, the Village will be promoting safety. Additionally, it would allow the developer to add to the beautification of the surrounding neighborhood and inventory of luxury facilities that contribute towards the Village’s “Destination and Amenities” vision. CONCLUSION The Administration recommends the adoption of the Ordinance to permit additional standards for grandfathered apartment-hotel projects for the construction of porte-cocheres in the RM-5 Zoning District to encroach and project into the front setback. Attachments/Exhibits:

1. Beach Haus Bal Harbour Proposed Porte-Cochere Sketches

Bal Harbour Village Ordinance 2020______ 1

ORDINANCE NO. 2020-____

AN ORDINANCE OF BAL HARBOUR VILLAGE, FLORIDA; AMENDING CHAPTER 21 “ZONING” OF THE CODE OF ORDINANCES, BY AMENDING SECTION 21-268 “ADDITIONAL STANDARDS FOR GRANDFATHERED APARTMENT-HOTEL PROJECTS” TO PERMIT PORTE-COCHERES IN THE RM-5 ZONING DISTRICT TO ENCROACH AND PROJECT INTO THE FRONT SETBACK IF IT MEETS CERTAIN CRITERIA; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, CONFLICTS, AND FOR AN EFFECTIVE DATE.

WHEREAS, Section 21-267 of the Bal Harbour Village Code of Ordinances (the

“Code”), addresses setback encroachments in the RM-5 Multiple Family Residential Zoning

District; and

WHEREAS, Section 21-268 of the Code provides for additional standards for

grandfathered apartment-hotel projects; and

WHEREAS, the Village Council of Bal Harbour Village (“Village”) desires to address

limited porte-cochere encroachments into front Setbacks in the RM-5 Zoning District for

grandfathered apartment-hotel projects; and

WHEREAS, the Village Council finds that allowance of such porte-cochere

encroachments and projections in the RM-5 Zoning District will not be incompatible with

surrounding uses and will create an architectural opportunity for creative design

approaches; and

WHEREAS, the Village Council, sitting as the Local Planning Agency, has reviewed

this Ordinance at a duly noticed hearing on _____, 2020, and recommended approval; and

WHEREAS, the Village Council conducted a first and second reading of this

Ordinance at duly noticed public hearings, as required by law, and after having received

input from and participation by interested members of the public and staff, the Village

Council has determined that this Ordinance is consistent with the Village’s Comprehensive

Plan and in the best interest of the public health, safety and welfare.

Bal Harbour Village Ordinance 2020______ 2

NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE MAYOR AND VILLAGE

COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA, AS FOLLOWS:

Section 1. Recitals Adopted. That the above stated recitals are hereby adopted

and confirmed.

Section 2. Village Code Amended. That Chapter 21 “Zoning,” is hereby

amended to read as follows: 1

CHAPTER 21. ZONING

* * *

ARTICLE III. - DISTRICT REGULATIONS * * *

DIVISION 9. - RM-5 MULTIPLE FAMILY RESIDENTIAL DISTRICT * * *

Sec. 21-268. - Additional standards for grandfathered apartment-hotel projects.

e. Front setback area. No buildings or structures of any kind shall be erected or constructed within the front setback area, except as follows:

A Porte-Cochere may be constructed in the front Setback area so long as it is cantilevered, and does not exceed a length along the front entrance in reasonable proportion to the entrance, and projects no more than 20 feet into the front Setback area from the face of the existing building. Such Porte-Cochere must be approved by a certificate of appropriateness issued by the Architectural Review Board.

Section 3. Severability. That the provisions of this Ordinance are declared to be

severable and if any section, sentence, clause or phrase of this Ordinance shall for any

reason be held to be invalid or unconstitutional, such decision shall not affect the validity

of the remaining sections, sentences, clauses and phrases of this Ordinance but they shall

remain in effect, it being the legislative intent that this Ordinance shall stand

notwithstanding the invalidity of any part.

1 Additions to existing Village Code text are shown by underline; deletions from existing Village Code text are shown by strikethrough. Changes between first and second reading are shown in double underline and double strikethrough font.

Bal Harbour Village Ordinance 2020______ 3

Section 4. Inclusion in the Code. That it is the intention of the Village Council,

and it is hereby ordained that this Ordinance shall become effective and made part of the

Village Code; that the sections of this Ordinance may be renumbered or relettered to

accomplish such intention; and that the word “Ordinance” shall be changed to “Section”

or other appropriate word.

Section 5. Conflict. That all sections or parts of sections of the Village Code, all

ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with

this Ordinance are repealed to the extent of such conflict.

Section 6. Effective Date. That this Ordinance shall become effective upon

adoption.

PASSED AND ADOPTED on first reading this 21st day of April, 2020.

PASSED AND ADOPTED on second reading this 19th day of May, 2020.

_________________________ Mayor Gabriel Groisman ATTEST:

____________________________ Dwight S. Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ____________________________ Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney

MAY 19, 2020 AGENDA ITEM _______

COUNCIL ITEM SUMMARY

Condensed Title: A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND MIAMI-DADE COUNTY ALLOCATING PARTIAL FUNDING FOR THE PARKS AND PUBLIC SPACES OPERATIONS FACILITY THROUGH THE MIAMI DADE COUNTY GENERAL OBLIGATION BOND PROGRAM

Issue:

Should Village Council approve an Interlocal Agreement between with Miami-Dade County for $563,000 of General Obligation Bond funds for the renovation of the Parks and Public Spaces Operations Facility.

Bal Harbour Experience:

□ Beautiful Environment □ Destination & Amenities

X Safety □ Exclusivity & Access

X Modernized Public Facilities + Infrastructure □ Resiliency + Sustainable Community

Item Summary/Recommendation:

In an effort to expedite the use of previously allocated GOB Funding in the amount of $563,000, funds previously allocated for the New Village Hall project is being re-allocated to the Parks and Public Spaces Operations Facility Project. Funding will be used towards the renovation, site work and hardening of property at 1840 NE 144 Street, North Miami. A significant portion of these costs are expected to be incurred through FYE 2020. It is recommended that Council approve the resolution authorizing the Village Manager to execute the interlocal agreement with the Miami-Dade County.

Advisory Board Recommendation:

N/A Financial Information:

Amount Account Account # 1 $563,000 MDC GOB Revenue/Local Government Revenue 01-00-337300

Sign Off:

Chief Financial Officer Village Manager Claudia Dixon Jorge M. Gonzalez

AGENDA ITEM _______

COUNCIL MEMORANDUM

TO: Honorable Mayor and Village Council FROM: Jorge M. Gonzalez, Village Manager DATE: May 19, 2020 SUBJECT: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,

FLORIDA; APPROVING AN INTERLOCAL AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND MIAMI-DADE COUNTY ALLOCATING PARTIAL FUNDING FOR THE PARKS AND PUBLIC SPACES OPERATIONS FACILITY THROUGH THE MIAMI DADE COUNTY GENERAL OBLIGATION BOND PROGRAM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.

ADMINISTRATIVE RECOMMENDATION The Miami-Dade County Better Building Communities General Obligation Bond (GOB) Program is allocating $563,000 funding towards the Parks and Public Spaces Operations Facility for the renovations site work and hardening of Village property at 1840 NE 144th Street, North Miami. It is recommended the Council approve the resolution authorizing the Village Manager to execute the interlocal agreement with Miami-Dade County. BACKGROUND In previous years, the Village was allocated $563,000 of GOB Program funds for improvements at Village Hall. Over time, the Village decided to hold off on that project and expenditure and instead dedicated the funding towards the planned New Village Hall. The GOB Program provides funding for Countywide projects, neighborhood projects for the Unincorporated Municipal Service Area and municipalities and associated allocations for activities such as but not limited to development, improvement, rehabilitation, restoration or acquisition of real property.

ANALYSIS Miami Dade County is required to spend bond monies within a required legal timeframe. In an effort to expedite the process of utilizing the allocated funds, the $563,000 is being re-allocated to the Parks and Public Spaces Operations Facility Project. The Parks and Public Spaces Operations Facility project consists of the renovation, site work and hardening of purchased property at 1840 NE 144th Street, North Miami. Providing for space (including furniture and fixtures) for displaced Parks & Public Spaces (including Utility Operations) with storage; and EOC category 5 rates for emergency operations including complete roof replacement. The $563,000 of the GOB Program funds is

May 19, 2020 Council Meeting Re: GOB Interlocal Agreement - PPS Operations Facility Page 2 of 2

expected to be utilized through FYE 2020. The Parks and Public Spaces Project is projected to be completed prior to the end of Calendar Year 2020.

The reallocation of the $563,000 GOB funds will result in a reassignment of fund balance resources previously allocated to the Parks and Public Spaces Operations Facility Project to be earmarked for the other projects in the future.

BAL HARBOUR EXPERIENCE This action is aligned with the Village’s stated mission through Bal Harbour Experience. Providing partial funding for Parks & Public Spaces (including Utility operations) and storage in line with Modernization of Public Facilities & Infrastructure. In addition, the hardening of the building will result in a Category 5 rated facility and secondary EOC for sheltered equipment for the Village. CONCLUSION The action before you now is to approve the resolution authorizing the Village Manager to execute the interlocal agreement with Miami-Dade County for $563,000 in BBC GOB funds for the Parks and Public Spaces Operations Facility.

Attachments:

1. Interlocal Agreement

1 Bal Harbour Village Resolution 2020-____

RESOLUTION NO. 2020-____

A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA; APPROVING AN INTERLOCAL AGREEMENT BETWEEN BAL HARBOUR VILLAGE AND MIAMI-DADE COUNTY ALLOCATING PARTIAL FUNDING FOR THE PARKS AND PUBLIC SPACES OPERATIONS FACILITY THROUGH THE MIAMI DADE COUNTY GENERAL OBLIGATION BOND PROGRAM; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on July 20, 2004, the Miami Dade County Board of County

Commissioners enacted Resolution Nos. R-912-04, R- 913-04, R-914-04, R-915-04, R-916-

04, R-917-04, R-918-04 and R-919-04 authorizing the issuance of $2.926 billion in general

obligation bonds for capital projects and on November 2, 2004, a majority of those voting

approved the bond program (the "BBC GOB Program"); and

WHEREAS, the aforementioned Resolutions include specific Countywide projects,

neighborhood projects for the Unincorporated Municipal Service Area and municipalities

and associated allocations for activities such as but not limited to development,

improvement, rehabilitation, restoration or acquisition of real property; and

WHEREAS, the Village’s purchase, renovation, site work and hardening of the Parks

and Public Spaces Operations Facility (the "Project") is eligible for funding from the BBC

GOB Program in a total amount not to exceed $563,000 (the "Funding Allocation"); and

WHEREAS, the Project being undertaking by the Village includes the purchase,

renovation, site work and hardening of the property at 1840 NE 144 Street, North Miami.

The Parks and Public Spaces Operations Facility project consists of the renovation, site

work and hardening of purchased property at 1840 NE 144th Street, North Miami and

providing space (including furniture and fixtures) for displaced Parks & Public Spaces

(including Utility Operations) with storage; and Emergency Operations Center category 5

rates for emergency operations including complete roof replacement.; and

2 Bal Harbour Village Resolution 2020-____

WHEREAS, the Facility was purchased in January 2019 and the renovation is

projected to be completed by end of Calendar Year 2020; and

WHEREAS, the Project is eligible for the GOB Program and has been approved for

funding in Fiscal Year 2019 - 2020, provided funds are available, and is described more

specifically in Exhibit 1 – GOB – PPS Operations Facility; and

WHEREAS, pursuant to the terms of this Agreement, the County has agreed to fund

$563,000 in Fiscal Year 2019 - 2020 from the BBC GOB Program funds for the Project (the

"Funding Cycle Allocation"), fully subject to and contingent upon the conditions set forth

in this Agreement, and in particular, the County's approval and issuance of BBC GOB

Program bonds or the draw-down bonds ("Funds"), the approval by the Board of County

Commissioners to fund this Project from the Funds, and the availability of the Funds; and

WHEREAS, the Council has determined that it is in the best of the Village to enter

the Interlocal Agreement with the County authorizing the Village’s participation in the BBC

GOB Program and the acceptance of the Funding Allocation.

NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF BAL

HARBOUR VILLAGE, FLORIDA, AS FOLLOWS:

Section 1. Recitals: That the above stated recitals are hereby adopted and

confirmed.

Section 2. Interlocal Agreement Approved: That the Interlocal Agreement

authorizing the Village’s participation in the BBC GOB Program, in substantially the form

attached hereto as Exhibit “A” is hereby approved and the Village Manager is hereby

authorized to execute the Interlocal Agreement on behalf of the Village.

Section 3. Implementation: That the Village Manager is hereby authorized to

take all actions necessary to implement the Interlocal Agreement and the purposes of this

Resolution.

Section 4. Effective Date: That this Resolution shall take effect immediately

upon the adoption hereof.

PASSED AND ADOPTED this 19th day of May, 2020.

3 Bal Harbour Village Resolution 2020-____

Mayor Gabriel Groisman

ATTEST: ____________________________________________ Dwight S. Danie, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Village Attorney Weiss Serota Helfman Cole & Bierman P.L.

Building Better Communities Municipal Agreement Rev. 6/10

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BUILDING BETTER COMMUNITIES

INTERLOCAL AGREEMENT BETWEEN

BAL HARBOUR VILLAGE, FLORIDA AND

MIAMI-DADE COUNTY

Parks and Public Spaces Operations Facility Project Number 235-76092

THIS INTERLOCAL AGREEMENT (the “Agreement”) by and between Miami-Dade County, a political subdivision of the State of Florida (the “County”), through its governing body, the Board of County Commissioners of Miami-Dade County, Florida (the “Board”) and the Bal Harbour Village, Florida, a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and Council of the Bal Harbour Village, Florida (the “Municipality”) is entered into this _____ day of ________________, 2020.

WITNESSETH:

WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-913-04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing the issuance of $2.926 billion in general obligation bonds for capital projects and on November 2, 2004, a majority of those voting approved the bond program (the “BBC GOB Program”); and WHEREAS, the aforementioned Resolutions include specific Countywide projects, neighborhood projects for the Unincorporated Municipal Service Area and municipalities and associated allocations for activities such as but not limited to development, improvement, rehabilitation, restoration or acquisition of real property; and WHEREAS, Parks and Public Spaces Operations Facility / Project Number 235-76092 (the “Project”) is eligible for funding from the BBC GOB Program in a total amount not to exceed $563,000 (the “Funding Allocation”); and WHEREAS, the Municipality is undertaking the completion of renovation, site work and hardening of property located at 1840 NE 144 Street, North Miami, purchased by Village in 2019 (the “Project”) which was specifically approved as part of the BBC GOB Program and has been approved for funding in Fiscal Year 2019 - 2020, provided funds are available, and is described more specifically in Exhibit 1 to this Interlocal Agreement; and

WHEREAS, the Parks and Public Spaces Operations Facility / Project Number

235-76092 as a whole is estimated to cost $3,000,000 (the “Total Project Cost”) and will be funded from the sources listed in Exhibit 1; provided, however, the County’s obligation

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to fund the Project is fully subject to and contingent upon the availability of BBC GOB Program proceeds; and

WHEREAS, pursuant to the terms of this Agreement, the County has agreed to fund $563,000 in Fiscal Year 2019 - 2020 from the BBC GOB Program funds for the Project (the “Funding Cycle Allocation”), fully subject to and contingent upon the conditions set forth in this Agreement, and in particular, the County’s approval and issuance of BBC GOB Program bonds or the draw-down bonds (“Funds”), the approval by the Board of County Commissioners to fund this Project from the Funds, and the availability of the Funds; and

WHEREAS, the Council of the Municipality and Commissioners of the County have

authorized, by resolution, their respective representatives to enter into this Agreement for each Funding Cycle Allocation describing their respective roles in the funding for the Project costs with respect to such Funding Cycle Allocation,

NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically

authorizes the County Mayor to execute such agreements, sub-agreements and other required contracts and documents, to expend BBC GOB Program bond funds received for the purpose described in the funding request, and in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows:

Section 1. Purpose: The purpose of this Agreement is to clarify the parties’ roles and obligations regarding the BBC GOB Program funding being provided with respect to the Project. Section 2. Funding Responsibilities: a. Project Funding Plan: A Project funding plan identifying the

Funding Allocation to be funded by the County solely from BBC GOB Program proceeds and the costs to be funded by the Municipality through a local funding plan or written project funding commitments from third parties is attached as Exhibit 1. Included shall be a projected timetable for each Funding Cycle Allocation and the amount funded to date, if any.

b. Representations of the Municipality: The Municipality covenants and warrants that it has, in combination with the Funding Allocation, the amount of funding necessary for the completion of the Project. The additional sources of funding are listed in Exhibit 1.

c. Responsibilities of the County: The County agrees to provide solely from the Funds for the Fiscal Year 2019 - 2020 Funding Cycle Allocation in an amount equal to $563,000, fully subject to and contingent upon the County’s approval and issuance of the Funds, the approval by the Board of County Commissioners to fund this Project from the Funds, and the availability of the Funds (“Conditions Precedent to Funding Responsibility”). This amount represents a portion of the amount necessary to complete the Project. Subject to

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the satisfaction of the Conditions Precedent to Funding Responsibility, the Funds, if and when available, shall be provided in accordance with the reimbursement procedures contained in the County’s GOB Administrative Rules attached as Attachment 1. Municipality understands and agrees that reimbursements to the Municipality will be made in accordance with federal laws. Subject to certain exceptions the applicability of which is to be reviewed on a case-by-case basis, the reimbursement allocation will be made no later than eighteen (18) months after the later of (a) the date the original expenditure is paid, or (b) the date the project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid by the Municipality. Notwithstanding the foregoing, the County shall have no obligation whatsoever to make any reimbursements to the Municipality prior to the satisfaction of all of the Conditions Precedent to Funding Responsibility. Any and all reimbursement obligations of the County pursuant to this Agreement are limited to and contingent upon, the availability of Funds allocated to the Project. The Municipality accepts and agrees that all expenditures made by the Municipality prior to the satisfaction of all of the Conditions Precedent to Funding Responsibility are made at the Municipality’s sole risk and may not be eligible for reimbursement. The Municipality may not require the County to use any other source of legally available revenues other than from the Funds to fund the Project. This Agreement does not in any manner create a lien in favor of the Municipality on any revenues of the County including the Funds. In the event that the Project Milestones, as defined and set forth in Exhibit 1 of this Agreement are not within 10% of completion, the dollars to be funded for subsequent Milestones may be delayed for one (1) calendar year in accordance with the Administrative Rules, see Section 18 of this Agreement.

Section 3. Parties, Effective Date and Term: This Agreement shall take effect upon execution and shall terminate upon the completion of the Project, including the completion of all final closeout documentation. The County has delegated the responsibility of administrating this Interlocal Agreement to the County Mayor or designee. Section 4. Compliance with Laws: Each party agrees to abide by and be governed by all Applicable Laws necessary for the development and completion of the Project. “Applicable Law” means any applicable law (including, without limitation, any environmental law), enactment, statute, code, ordinance, administrative order, charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, or other direction or requirement of any governmental authority, political subdivision, or any division or department thereof, now existing or hereinafter enacted, adopted, promulgated, entered, or issued. Notwithstanding the foregoing, “Applicable Laws” and “applicable laws” shall expressly include, without limitation, all applicable zoning, land use, DRI and Florida Building Code

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requirements and regulations, all applicable impact fee requirements, all requirements of Florida Statutes, specifically including, but not limited to, Section 255.05 related to payment and performance bonds, Section 255.20 related to contractor selection and Section 287.055 related to competitive selection of architects and engineers, all requirements of Chapters 119 and 286 of the Florida Statutes, Section 2-11.15 of the Code (Art in Public Places), and all other applicable requirements contained in this Agreement and Exhibit 1, which is hereby incorporated in this Agreement by this reference. Section 5. Contractual obligation to comply with certain County requirements:

All records of the Municipality and its contractors pertaining to the Project shall be maintained in Miami-Dade County and, upon reasonable notice shall be made available to representatives of the County. In addition, the Office of Inspector General of Miami-Dade County shall have access thereto for any of the purposes provided in Section 2-1076 of the Code of Miami-Dade County.

The Municipality shall cause each contract to include a provision that contractor shall comply with all requirements of Section 2-1076, and that contractor will maintain all files, records, accounts of expenditures for contractor’s portion of the work and that such records shall be maintained within Miami-Dade County’s geographical area and the County shall have access thereto as provided in this Agreement. The Municipality shall comply with the requirements of Florida Statutes related to retainage of funds due a contractor and shall include appropriate language in its construction contracts and shall require the contractor to include such language in its subcontracts. All applicable County Rules, Regulations, Ordinances, Resolutions, Administrative Orders, and the County Charter referenced in this Agreement are posted on the County’s website: “miamidade.gov”. Section 6. Accounting, Financial Review, Access to Records and Audits: The Municipality shall maintain adequate records to justify all charges, expenses, and costs incurred which represent the funded portion of the Project for at least three (3) years after completion of the Project. The County shall have access to all books, records, and documents as required in this section for the purpose of inspection or auditing during normal business hours. Pursuant to Section 2-1076 of the Miami-Dade County Code, the County shall have the right to engage the services of an Independent Private-Sector Inspector General ("IPSIG") to monitor and investigate compliance with the terms of this Agreement. THE MIAMI-DADE COUNTY OFFICE OF THE INSPECTOR GENERAL (“OIG”) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions, and contracts such as this Agreement for improvements some cost of which is funded with County funds.

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As such, the OIG may, on a random basis, perform audits on this Agreement throughout the duration of said Agreement (hereinafter "random audits"). This random audit is separate and distinct from any other audit by the County.

The OIG shall have the power to retain and coordinate the services of an IPSIG who may be engaged to perform said random audits, as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance and procurement process including, but not limited to, project design, establishment of bid specifications, bid submittals, activities of the Municipality and contractor and their respective officers, agents and employees, lobbyists, subcontractors, materialmen, staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. The OIG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Municipality (and any affected contractor and materialman) from OIG, the Municipality (and any affected contractor and materialman) shall make all requested records and documents available to the OIG for inspection and copying. The OIG shall have the power to report and/or recommend to the Board whether a particular project, program, contract or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The OIG shall have the power to analyze the need for, and reasonableness of, proposed change orders.

The OIG is authorized to investigate any alleged violation by a contractor of its Code of Business Ethics, pursuant Miami-Dade County Code Section 2-8.1. The provisions in this Section shall apply to the Municipality, its contractors and their respective officers, agents and employees. The Municipality shall incorporate the provisions in this Section in all contracts and all other agreements executed by its contractors in connection with the performance of this Agreement. Any rights that the County has under this Section shall not be the basis for any liability to accrue to the County from the Municipality, its contractors or third parties for such monitoring or investigation or for the failure to have conducted such monitoring or investigation and the County shall have no obligation to exercise any of its rights for the benefit of the Municipality. This provision shall survive the early termination and/or the expiration of this Agreement. Section 7. Relationship of the Parties: The parties agree that the Municipality is an independent entity responsible solely for the Project and not an agent or servant of the County. No party or its officers, elected or appointed officials, employees, agents, independent contractors or consultants shall be considered employees or agents of any other party, nor to have been authorized to incur any expense on behalf of any other party, nor to act for or to bind any other party, nor shall an

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employee claim any right in or entitlement to any pension, workers’ compensation benefit, unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. Section 8. Liability: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in Section 768.28 of the Florida Statutes. The Municipality acknowledges that the County, its employees, Commissioners and agents are solely providing funding assistance for the Project and are not involved in the design, construction, operation or maintenance of the Project. Section 9. Breach, Opportunity to Cure and Termination: (a) Each of the following shall constitute a default by the Municipality:

(1) If the Municipality uses all or any portion of the Funding Allocation for costs not associated with the Project (i.e., ineligible costs), and the Municipality fails to cure its default within thirty (30) days after written notice of the default is given to the Municipality by the County; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the Municipality commences diligently and thereafter continues to cure.

(2) If the Municipality shall breach any of the other covenants or provisions in this Agreement other than as referred to in Section 9(a)(1) and the Municipality fails to cure its default within thirty (30) days after written notice of the default is given to the Municipality by the County; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty (30) days after such written notice the Municipality commences diligently and thereafter continues to cure.

(3) If the Municipality fails to complete the Project within three (3) years of the effective date of the first executed Interlocal Agreement for this Project.

(b) Each of the following shall constitute a default by the County:

(1) If the County shall breach any of the covenants or provisions in this Agreement and the County fails to cure its default within thirty (30) days after written notice of the default is given to the County by the Municipality; provided, however, that if not reasonably possible to cure such default within the thirty (30) day period, such cure period shall be extended for up to one hundred eighty (180) days following the date of the original notice if within thirty

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(30) days after such written notice the County commences diligently and thereafter continues to cure.

(c) Remedies:

(1) Upon the occurrence of a default as provided in Section 9(a)(1) and such default is not cured within the applicable grace period, in addition to all other remedies conferred by this Agreement, the Municipality shall reimburse the County, in whole or in part as the County shall determine, all funds provided by the County hereunder.

(2) Either party may institute litigation to recover damages for any default or to obtain any other remedy at law or in equity (including specific performance, permanent, preliminary or temporary injunctive relief, and any other kind of equitable remedy).

(3) Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default.

(4) Any failure of a party to exercise any right or remedy as provided in this Agreement shall not be deemed a waiver by that party of any claim for damages it may have by reason of the default.

(d) Termination:

(1) Notwithstanding anything herein to the contrary, either party shall have the right to terminate this Agreement, by giving written notice of termination to the other party, in the event that the other party is in material breach of this Agreement.

(2) Termination of this Agreement by any Party is not effective until five (5) business days following receipt of the written notice of termination.

(3) Upon termination of this Agreement pursuant to Section 9(d)(1) above, no party shall have any further liability or obligation to the other party except as expressly set forth in this Agreement; provided that no party shall be relieved of any liability for breach of this Agreement for events or obligations arising prior to such termination.

Section 10. Litigation Costs/Venue: In the event that the Municipality or the County institutes any action or suit to enforce the provisions of this Agreement, the prevailing party in such litigation shall be entitled to reasonable costs and attorney’s fees at the trial, appellate and post-judgment levels. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The County and the Municipality agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this

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Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami-Dade County, Florida. Section 11. Naming Rights and Advertisements: It is understood and agreed between the parties hereto that the Municipality is funded by Miami-Dade County. Further, by acceptance of these funds, the Municipality agrees that Project(s) funded by this Agreement shall recognize and adequately reference the County as a funding source. In the event that any naming rights or advertisement space is offered on a facility constructed or improved with BBC GOB Program funds, then Miami-Dade County’s name, logo, and slogan shall appear on the facility not less than once and equal to half the number of times the most frequent sponsor or advertiser is named, whichever is greater. Lettering used for Miami-Dade County will be no less than 75% of the size of the largest lettering used for any sponsor or advertiser unless waived by the Board. The Municipality shall ensure that all publicity, public relations, advertisements and signs recognize and reference the County for the support of all Project(s). This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions and stationery. In particular, the Municipality must include the following credit line in all promotional marketing materials related to this funding including web sites, news and press releases, public service announcements, broadcast media, programs, and publications: “THIS PROJECT IS SUPPORTED BY THE BUILDING BETTER COMMUNITIES BOND PROGRAM AND THE MAYOR AND BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY.” The use of the official County logo is permissible for the publicity purposes stated herein. The Municipality shall submit sample of mock up of such publicity or materials to the County for review and approval. The Municipality shall ensure that all media representatives, when inquiring about the Project(s) funded by the Agreement, are informed that the County is its funding source. Section 12. Notice: Any notice, consent or other communication required to be given under this Agreement shall be in writing, and shall be considered given when delivered in person or sent by facsimile or electronic mail (provided that any notice sent by facsimile or electronic mail shall simultaneously be sent personal delivery, overnight courier or certified mail as provided herein), one (1) business day after being sent by reputable overnight carrier or three (3) business days after being mailed by certified mail, return receipt requested, to the parties at the addresses set forth below (or at such other address as a party may specify by notice given pursuant to this Section to the other party): The County: The Municipality: County Mayor Village Manager Miami-Dade County, Stephen P. Clark Center Bal Harbour Village 111 NW 1 Street, Suite 2910 655 - 96th Street

Miami, Florida 33128 Bal Harbour Village, FL 33154 With a copy to:

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Director, Office of Management and Budget 111 NW 1 Street, Suite 2210 Miami, Florida 33128 Section 13. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. Section 14. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. Section 15. Headings: Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section 16. Waiver: There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. Waiver by any party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement.

Section 17. Representation of the Municipality: The Municipality represents that this Agreement has been duly authorized, executed and delivered by Mayor and Council, as the governing body of the Bal Harbour Village, Florida and it has granted the Manager of Bal Harbour Village, or designee, the required power and authority to execute this Agreement. The Municipality agrees to: a) maintain the Project for a minimum of 25 years; b) agrees to govern itself, in regards to the subject Project, in accordance with Article 7 of the County Charter; c) keep the Project open safely and properly maintained for all Miami-Dade County residents; and, d) allow all Miami-Dade County residents equal access and use of the Project and not discriminate when charging facility admission fees based on where a resident resides in the County. The Municipality also agrees to accept and comply with the Administrative Rules as stated in Attachment 1 and as may hereafter be amended. Section 18. Representation of the County: The County represents that this Agreement has been duly approved, executed and delivered by the Board, as the governing body of the County, and it has granted the Miami-Dade County Mayor or Mayor’s designee the required power and authority to execute this Agreement. Subject to the conditions set forth in this Agreement, the County agrees to provide the Funding Allocation to the Municipality for the purpose of developing and improving the Project in accordance with each of the attached Exhibit Forms,

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incorporated herein as Exhibits A-J of Attachment 1 (Administrative Rules). In addition to the other conditions set forth in this Agreement, Miami-Dade County shall only be obligated to reimburse the Municipality provided the Municipality is not in breach of this Agreement and the Municipality has demonstrated that it has adequate funds to complete the Project. The County shall administer, in accordance with the appropriate regulations, the funds available from the BBC GOB Program as authorized by Board Resolutions. Any and all reimbursement obligations of the County shall be fully subject to and contingent upon the availability of funding from the County for the specific purpose contained herein. The Municipality shall be solely responsible for submitting all documentation, as required by the specific Administrative Rules incorporated herein as Attachment 1, to the County Mayor or his designee for this purpose.

Section 19. Invalidity of Provisions, Severability: Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated.

Section 20. Indemnity: The Municipality does hereby agree to indemnify and hold harmless the County to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that Statute, whereby the Municipality shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the Municipality. However, nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance or failure of performance of the County or any unrelated third party.

The County does hereby agree to indemnify and hold harmless the Municipality to the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions of that Statute, whereby the County shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which when totaled with all other occurrences, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise solely as a result of the negligence of the County. However, nothing herein shall be deemed to indemnify the Municipality from any liability or claim arising out of the negligent performance or failure of performance of the Municipality or any unrelated third party.

Section 21. Assignment: The Municipality may not assign all or any portion of this Agreement without the prior written consent of the County.

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Section 22. Entirety of Agreement: This Agreement, and the attachments thereto, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives.

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IN WITNESS THEREOF, the parties through their duly authorized representatives hereby execute this AGREEMENT with an effective date of _________________, 2020.

Bal Harbour Village, Florida

By: ______________________ ______

Village Manager Date

For the Village Council, Bal Harbour Village, Florida ________________, CLERK Attest:

By: _____________________ _______ Clerk Date

Approved by Village Attorney as to form and legal sufficiency. ________

MIAMI-DADE COUNTY, FLORIDA

By: ____________________________ County Mayor

MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF

COUNTY COMMISSIONERS

Stephen P. Clark Center 111 NW 1 Street Miami, Florida 33128

HARVEY RUVIN, CLERK Attest:

By: _____________________ ________ Deputy Clerk Date

Approved by County Attorney as to form and legal sufficiency. ________

Exhibit 1 - Project Budget and Description Initial _________ Date ________

Building Better Communities Page 1 of 1

FY 2019 - 2020 GOB Allocation

Future GOB Allocation

*Other Funding Allocations

Total Estimated Revenues

Projected Start Date

Schedule End Date

Total Estimated Expenses

0 Project Administration 00 Project Administration (Non-GOB) 00 Land Acquisition 0

1,488,700 1,488,700 Land Acquisition (Non-GOB) 10/1/18 9/30/19 1,488,700

0Pre-design, Planning, including preliminary engineering 0

0Pre-design, Planning, including preliminary (Non-GOB) 0

0 A&E Selection 00 A&E Selection (Non-GOB) 00 Design 00 Design (Non-GOB) 00 Dry run/permit 00 Dry run/permit (Non-GOB) 00 Contractor Selection 00 Contractor Selection (Non-GOB) 0

563,000 563,000 Construction On Going 10/1/19 12/31/20 563,000948,300 948,300 Construction On Going (Non-GOB) 10/1/18 12/31/20 948,300

0 Construction Substantially Complete 0

0Construction Substantially Complete (Non-GOB) 0

0 Other 00 Other (Non-GOB) 0

563,000 0 2,437,000 3,000,000 TOTALS 3,000,000

* Other Funding (List sources and amounts)

Amount2,437,000

Total2,437,000

Miami-Dade CountyBuilding Better Communities General Obligation Bond Program (GOB)

EXPENSES

Parks and Public Spaces Operations Facility

GOB Project Number 235-76092Bal Harbour

**For municipalities and public agencies, this exhibit, along with the entity's resolution, conforms with Article III, Section I, A2e of the Building Better Communities Bond Program (GOB) Administrative Rules.

Same as above. GOB Funding will be used towards the renovation, site work and hardening of property at 1840 NE 144 Street, North Miami. A significant portion of these costs are expended to be incurred through FYE 2020.

Project Narrative/Description

Purchase, renovation, site work and hardening of property at 1840 NE 144 Street, North Miami. Providing space (including furniture and fixtures) for displaced Parks & Public Spaces (including Utility operations) and storage; EOC category 5 rated for emergency operations including complete roof replacement; A/E fee for interior remodeling, site work and for demolition work at existing Operations/Rec Center site. Purchase January 2019; Renovation is projected to be completed by end of Calendar Year 2020.

GOB Total Funding Allocation Narrative/Description

GOB FY 19-20 Funding Allocation Narrative/Description

Building was purchased in FYE 2019. GOB Funding will be used towards the renovation, site work and hardening of property at 1840 NE 144 Street, North Miami.

REVENUESMilestones

Funding Source Fund Balance/Proceeds from Debt Issuance

AGENDA ITEM _______

COUNCIL MEMORANDUM

TO: Jorge M. Gonzalez, Village Manager FROM: Jeffrey P. Freimark, Councilman DATE: May 19, 2020 SUBJECT: Discussion Regarding the Village’s Reopening Approach Please place an item on the May 19, 2020 Village Council Meeting Agenda for a discussion regarding the Village’s reopening approach. Thank you.

AGENDA ITEM _______

COUNCIL MEMORANDUM

TO: Jorge M. Gonzalez, Village Manager FROM: Jeffrey P. Freimark, Councilman DATE: May 19, 2020 SUBJECT: Discussion Regarding the Beach Renourishment Schedule Please place an item on the May 19, 2020 Village Council Meeting Agenda for a discussion regarding the beach renourishment schedule. Thank you.

AGENDA ITEM _______

COUNCIL MEMORANDUM

TO: Jorge M. Gonzalez, Village Manager FROM: Jeffrey P. Freimark, Councilman DATE: May 19, 2020 SUBJECT: Discussion Regarding the Budgeting Assumptions for Next Year Please place an item on the May 19, 2020 Village Council Meeting Agenda for a discussion regarding the budgeting assumptions for next year. Thank you.

Ronald L BooK, P. A. LHUI omw

PROHlllOOBl OHOCIOIIOfl

Bal Harbour Village Final Report - Legislative Session 2020

On behalf of Ronald L. Book, Kelly Mallette, and Rana Brown, we would like to first and foremost extend our appreciation for the continued opportunity to represent Bal Harbour Village. Enclosed is our final Session Report for the 2020 Legislative Session. After a 6 day extension to complete the budget, the Legislature adjourned Sine Die on Thursday, March 19th at 1 :49 pm. The report below includes an update on the funding request, and legislative issues of interest to Bal Harbour Village. Please let us know if you have questions on any issue included in this report, or on any other issue of concern. We will be happy to provide further infonnation.

~ BUDGET UPDATE:

We worked throughout Session to advocate for funding for the Village's project listed below. We focused on working with and meeting weekly with the funding request sponsors, Appropriations subcommittee chairs, full committee chairs, House and Senate leadership, as well as with staff. As reported, we worked with the sponsors to have the request filed, the budget bill heard in the House as required, and throughout Session, we advocated on behalf of funding for the Village's project. Below is the funding level for each as passed in the final State budget for FY 2020 -2021.

As we reported, we worked with the sponsors to have the budget fonns filed, the budget forms in the House are then converted to bills, and we worked to have the funding bill heard in the House as required, and for the 60 days of the Session, we never stopped advocating for funding for the Village's project request. You will see the funding level below as it was in the final, FY 2020 - 2021 State budget.

It is important to note, that as of today, Governor DeSantis has not yet acted on the budget. In recent days, the Governor outlined his plan to take action on the budget. He made it clear that our State needed to get through the Corona Virus pandemic, and have a better understanding of the true impact and effect the health crisis will have on our state economy.

Prior to the end of the legislative session, our team began working with the Governor's staff on your budget item, making certain that once the budget is reviewed with the Governor, they will be ready to fully describe the lawmakers priorities to the Governor that are contained within the $93.2 billion budget.

We do fully expect the Governor to call the Legislature into special session potentially more than once over the next 60 -180 days. The intention will be to address budget shortfalls and issue subsequent budget cuts as may be needed. We also believe that a Special Session will likely address gaming issues which would include the creation and regulation of a sports book among other things. We will update you on all of this as we move through the next several weeks.

~ FUNDING REQUESTS: Below is the final funding level for the funding request (pre veto period).

Bal Harbour Village Storm Water System Improvements Sponsors: Senator Pizzo, Representative Geller Funded: $425,000 (budget line 1635A)

~ LEGISLATIVE ISSUES:

Tax Cut Package: (HB 7097 by Representative Avila) Negotiations on this tax package mirror somewhat the budget process, as one bill originating in the House, and negotiated with the Senate, the following summarizes the final tax package. • Sales Tax Holidays:

o Provides a 3-day "back-to-school" tax holiday from August 7, 2020, through August 9, 2020, for certain clothing, school supplies, and personal computers.

o Provides a 7-day "disaster preparedness" tax holiday from May 29, 2020, through June 04, 2020, for specified disaster preparedness items.

• Insurance Premium Tax: Reduces the tax rate applied to surplus lines policies from 5 percent to 4.94 percent and applies that rate to all policies, regardless of the location of the risk.

• Ad Valorem Tax: Limits a charitable hospital's property tax exemption to the amount of community benefits provided by the hospital.

• Deployed Servicemember property tax exemption: Updates the qualifying operations for the deployed servicemember property tax exemption.

• Value Adjustment Board: Prohibits the use of a special magistrate's appraisal as evidence at value adjustment board hearings in a year that the special magistrate serves the board.

• Property Tax Notices: Restricts information that may be mailed with the annual Notice of Proposed Property Taxes. • Affordable Housing:

o Includes as portions of exempt affordable housing property vacant units and units occupied by persons or families that met the qualifying income thresholds at the time they began their tenancy, but whose income grew through the income thresholds.

o Exempts from property tax an affordable housing project owned by a limited liability company, which is also owned by a limited liability company, if the owner of the second limited liability company is a qualifying 501(c)(3) entity.

• Sales Surtaxes: o Limits future levies of the Charter County Transportation System Surtax to 30 years. o Requires that School Capital Outlay sales surtaxes approved in the future be proportionately shared with charter

schools. o Includes contributions to scholarship funding organizations as tax liabilities for purposes of refunds of corporate

income tax required bys. 220.1105, F.S. • Local Impact Fees: Exempts new school construction projects funded solely through local impact fees from the total

cost per student station limitation. • Tourist Development Tax: Increases the population limit under which a county is authorized to use its tourist

development tax revenues for zoological parks, fishing piers, and nature centers from 750,000 to 950,000. • Section 179D, Internal Revenue Code: Prohibits an owner of a public building from soliciting any payment for providing

the allocation letter needed to receive a federal income tax deduction for energy efficient construction. • Tax Administration: Makes changes to property tax roll classifications and required statistical measurements; provides

flexibility in property tax noticing requirements during declared states of emergency; extends the time to provide documentation relating to certain boat and aircraft sales; extends the time property owners affected by Hurricane Michael may begin rebuilding and retain their prior assessment limitation; increases bond limits for certain bonds required of motor fuel dealers; amends the penalty for mislabeling dyed diesel fuel; requires certain payment settlement entities to provide a federal tax form to the Department of Revenue; and provides procedures for local governments to update business addresses and provides procedures for correcting local government distributions.

IHB 7097 was approved by the Governor, and takes effect July 1, 2020.

Communications Services Tax: (HB 701 by Fischer and SB 1174 by Hutson) This legislation would have reformed the communications services tax (CST) reduce the local CST rate to 5% or less by January 1, 2021 and 4% or less by January 1, 2022. The bills also reduced the state CST rate from 4.92% to 4.9% and the noncharter county CST rate to 2% by January 1, 2022. The bills would have repealed the local option sales surtax conversion that is levied on communications services. **While initially included in the tax package summarized above, we were able to work collectively to have this provision removed from the tax package as it passed in its final form.

Did not pass.

2

Vacation Rentals: (SB 1128 by Diaz and HB 1011 by Fischer) We continued to work closely throughout Session with the League of Cities to oppose this bill. Collectively, we were able to work with members to fight the many problems with this bill and have been successful in fighting this off for another Session.

As reported, the bill would have preempted to the state the regulation of vacation rentals including licensure and inspections; require that any local ordinance must be applied uniformly to all residential properties; clarify that local regulations cannot prohibit all rentals locally, can impose occupancy limits on rental properties, or require inspections or licensing of rentals; preempt all regulation of vacation rentals to the state with local ordinances in place before June 1, 2011 exempt.

We worked to demonstrate the many problems with a statewide preemption of local regulation. Throughout Session, met with leadership, sponsors, and members of the committees where the bills would be heard. We had members focused on issues such as discrimination, rentals by sexual predators and offenders, insurance concerns regarding homeowner's insurance which in most if not all cases, would not cover commercial rental property, licensing, inspections, and the issue of excess noise, trash, parking, safety. The House bill passed all of its committees but was not heard by the full House, and the Senate version passed two of three committees. We were able to stop it in the Rules committee, where it was scheduled but not heard.

Did not pass.

Red Light Cameras Prohibition: (HB 6083 by Ingoglia and Rodriguez (Ant)) This bill would repeal the authorization for local governments to use red light cameras within their jurisdiction.

Did not pass.

Sovereign Immunity: (SB 1302 by Flores, no House companion bill) The bill proposes an increase in the per-occurrence liability cap to $500,000 from $1 million. The bill does not expand the liability of a government entity for damages resulting from the actions of a state employee acting in bad faith.

Did not pass.

Legal Notices: (HB 7 by Fine and SB 1340 by Gruters) The bill clarifies that a governmental agency must provide annual notice in a newspaper or other publication of the ability to receive notices by email or first-class mail only if the governmental agency uses a publicly accessible website to publish notices. It also provides that notices for public-private partnership projects must be published in the Florida Administrative Register and in each county where the project is located.

HB 7 has passed the House, 71 - 4 7 but was not heard in the Senate. The Senate companion was not heard in its first committee.

Did not pass.

Local Government Officials/Weapons and Firearms: (SB 1524 by Gainer and HB 183 by Ponder) This bill authorizes city and county commissioners who are licensed to carry a concealed weapon or firearm, to carry their weapon to a meeting of the governing body of which he or she is a member.

Did not pass.

Local Government Fiscal Transparency Act: (SB 1702: by Diaz and HB 1149 by DiCeglie) This bill addresses increased fiscal transparency for local governments and would require the following: • Public access to voting records of local governing body members related to tax increases and the issuance of tax­

supported debt • Online access to truth-in-millage (TRIM) notices and a four-year history of property tax rates and total revenue

generated by each local government • Public meetings and expanded public notice requirements for local option tax increases and the issuance of new long­

term, tax-supported debt;

3

• Require local governments to conduct a debt affordability analysis prior to issuance of new long-tenn, tax-supported debt

• Allows the Auditor General to request evidence of con-ective action from local governments found not to be in compliance with the Act and to report those who fail to do so to the Legislative Auditing Committee.

SB 1702 has not been heard to date. HB 1149 has passed the full House 77 - 36, however, SB 1702 was not heard. These bills did not pass.

Preemption of Recyclable and Polystyrene (Styrofoam) Materials: HB 6043 by Grieco and SB 182 by Stewart) This bill would remove a prohibition of local laws relating to regulation of auxiliary containers, wrappings, & disposable plastic bags; repeals preemption of local laws relating to use or sale of polystyrene products to DACS.

Did not pass.

Prohibition of Plastic Carryout Bags and Straws: (SB 40 by Rader) Would prohibit a store or food service business from providing to a customer a carryout bag made of plastic film; prohibiting a food service business from selling or providing to a customer a single-use plastic straw.

Did not pass.

4

Bal Harbour Village Hall • 655 96th Street, Bal Harbour • FL 33154 • 305-866-4633 • Fax 305-868-6575 1 AGENDA ITEM R11A

M E M O R A N D U M

TO: Honorable Mayor and Council

FROM: Dwight S. Danie, Village Clerk

DATE: May 12, 2020

RE: Lobbyist Registration Report

Name of Lobbyist Principal Represented Date Registered

John Shubin, Shubin & Bass Bal Harbour Shops, LLLP 01/15/20

Amy E. Huber, Shubin & Bass Bal Harbour Shops, LLLP 01/15/20

Gary Karlson Bal Harbour Shops, LLLP 01/15/20

Matthew W. Lazenby Bal Harbour Shops, LLLP 01/15/20

lvor N. Massey aka Nik Massey Bal Harbour Shops, LLLP 01/15/20

Carolyn M. Travis Bal Harbour Shops, LLLP 01/15/20

Randall A. Whitman Bal Harbour Shops, LLLP 01/15/20

Walter Defortuna Beach Haus Bal Harbour, LLC 01/27/20

Christina Cuervo Beach Haus Bal Harbour, LLC 01/28/20

Rosario Kennedy Edwardo Viesca - WatergaterMX 02/13/20