2009-01RESOLUTION N0.2009-O1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING LIMITED
WAIVER FROM PROHIBITION ON TRANSACTING
BUSINESS WITH THE CITY, AS AUTHORIZED BY THE
MIAMI-DADE COUNTY ETHICS CODE, IN ORDER TO
ENABLE THE CITY TO ARRANGE FOR THE
PRODUCTION, PUBLICATION, AND DISTRIBUTION OF
MULTIPLE COPIES OF THE CITY GUIDE FROM STERN
BLOOM MEDIA INC.; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, for many years the City of Aventura has utilized the Aventura Magazine,
now published by Stern Bloom Media, Inc., (the "Magazine") for the purpose of publishing the
annual report of the City and in recent years has purchased copies of the special City Guide
publication which features businesses and events serving the City (the "City Guide") as
published by the Magazine; and
WHEREAS, the City Guide of the Magazine is unique in that it is published within the
City of Aventura, widely distributed, and readily available to all citizens of the City, so that the
citizens may be fully informed on matters of business, education and entertainment opportunities
concerning the City; and
WHEREAS, the Magazine will soon publish an enhanced City Guide to be widely used
by residents, tourists, visitors, and businesses in the City, which will contain a special portion
within which the City government may insert information which is of direct importance to the
City's relationship with its citizens, businesses, and visitors; and
WHEREAS, the City Manager desires to enter into a purchase transaction with Stern
Bloom Media, Inc., that will provide for the Magazine to produce, publish and distribute the
enhanced City Guide, as soon as it is available; and
WHEREAS, the transaction with Stern Bloom Media Inc., qualifies as a sole source
purchase under the transaction exemption provided by the State Ethics Code at Section
112.313(12)(e), Florida Statutes; and
WHEREAS, the necessity of the consideration of a waiver under Section 2-11.1(c) of the
County Ethics Code is created by the circumstance that one of the primary owners of Stern
Bloom Media, Inc., (Commissioner Michael Stern) was elected to the City Commission of the
City of Aventura in March 2005; and
WHEREAS, the City Commission finds that it is appropriate to grant a waiver (the
"Waiver") of the restrictions of Section 2-11.1(c) of the Miami-Dade County Ethics Code as
authorized by subparagraphs (3) and (5) of paragraph (6), and specifically finds that:
Resolution No. 2009-01
Page 2
a. The City Guide production, publication and distribution services to
be involved in the proposed City Guide purchase transaction are
unique and the City cannot avail itself of such services without
entering into a transaction which would violate subsection(c) of
Section 2-11.1 but for a waiver of its requirements, and
b. That the proposed transaction will be in the best interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above stated recitals is hereby confirmed and
adopted, including the specific findings set forth therein.
Section 2. Prohibition Upon Transaction is Waived.
That the specific transaction by which the City Manager shall be authorized to provide
for the production, publication and distribution of multiple copies of the enhanced City Guide
from Stern Bloom Media, Inc., is hereby authorized, and a waiver of Section 2-11.1(c) of the
County Code is hereby made and granted upon the basis described above.
Section 3. Implementation. That the City Manager is hereby authorized to take
any necessary action to implement the purposes of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof upon the favorable vote of two-thirds of the members of the City
Commission.
The foregoing Resolution was offered by Vice Mayor Joel, who moved its adoption. The
motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as
follows:
Commissioner Zev Auerbach
CommissionerBob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
CommissionerLuz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
yes
yes
yes
absent from the room
yes
yes
yes
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Resolution No. 2009 - ('>
Page 3
PASSED AND ADOPTED this 13`" day of January, 2009.
~.c ,f~
usan Gottlieb, Mayor
Approved as to Form and Legal Sufficiency:
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~ °"I
City Attorney
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