02-03-2009
City Commission
Susan Gottlieb, Mayor
A ':!be City of
~ventura
City MVllIJfer
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
T eri Holzberg
Billy Joel
Michael Stem
Luz Urb:iez Weinberg
City aerlt
Teresa M. Soroka, MMC
City Atto17lcV
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
FEBRUA!Xl~t~!tYr9 6 PM
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS: Employee Service Award
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
January 13,2009 Commission Meeting
January 22, 2009 Workshop Meeting
B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$6,000 TO DONATE FUNDS TO THE LEO FOUNDATION
FROM THE POLICE FORFEITURE FUND IN ACCORDANCE
WITH THE CITY MANAGER'S MEMORANDUM
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF TIDS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA ADOPTING THE CITY OF
A VENTURA 2009 LEGISLATIVE PROGRAM AND PRIORITIES
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS
FEBRUARY 3, 2009
OF THIS RESOLUTION; AND
EFFECTIVE DATE.
PROVIDING FOR AN
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN AGREEMENT BY AND BETWEEN
PERFORMING ARTS CENTER AUTHORITY AND THE CITY
OF AVENTURA FOR STARTUP SERVICES, MANAGEMENT,
PROGRAMMING AND OPERATIONAL SUPPORT SERVICES
FOR THE AVENTURA ARTS AND CULTURAL CENTER;
AUTHORIZING THE CITY MANAGER TO DO ALL TIDNGS
NECESSARY TO CARRY OUT THE AIMS OF TIDS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF A VENTURA COMMUNITY
SERVICES ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 09-01-9-2, MUNICIPAL
TRANSIT SERVICES, TO LIMOUSINES OF SOUTH FLORIDA,
INC. AT THE BID PRICE OF $684,710.64 AUTHORIZING THE
CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the
following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of
these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak: on each
item will be made available after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives
testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony
will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may
request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must
present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
None.
7. ORDINANCES: FIRST READING - PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING ARTICLE III "DANGEROUS INTERSECTION
2
FEBRUARY 3, 2009
SAFETY" OF CHAPTER 48 "VEHICLES, USE OF RIGHT OF
WAY, PARKING, OTHER REGULATIONS" BY AMENDING
SECTION 48-27 "DEFINITIONS" AND SECTION 48-28
"ADHERANCE TO RED LIGHT TRAFFIC CONTROL
SIGNALS" AND SECTION 48-32 " NOTICE OF VIOLATION"
OF THE CITY CODE OF THE CITY OF A VENTURA, IN
ORDER TO INCREASE THE SCOPE OF THE TRAFFIC
CONTROL SIGNAL VIOLATIONS THAT MAY BE CAPTURED
BY A TRAFFIC CONTROL SIGNAL MONITORING DEVICE
AND TO CLARIFY ENFORCEMENT PROCEDURES
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
8. ORDINANCES: SECOND READINGIPUBLIC HEARING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM JANUARY 1,
2009 TO APRIL 1, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON
APRIL 8, 2008, WHICH ORDINANCE ESTABLISHED A
TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE
FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT IN THE CITY OF A VENTURA; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP FEBRUARY 19,2009 9 A.M. EX. CONF. ROOM
COMMISSION MEETING MARCH 3, 2009 6 P.M. COMMISSION CHAMBER
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing 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. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, ]9200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
3
A~
e.
.....':/
MINUTES
CITY COMMISSION MEETING
JANUARY 13, 2009 6 P.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:11 p.m.
immediately following the LPA meeting by Mayor Susan Gottlieb. Present were
Commissioners lev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Luz Urbaez
Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka and City Attorney Alan L. Gabriel. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE - Led during LPA
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: None.
Commissioner Stern left the meeting at this time.
5. CONSENT AGENDA: Commissioner Diamond requested that item 5-E be
removed from the Consent Agenda and addressed separately. A motion to approve the
remainder of the Consent Agenda was offered by Vice Mayor Joel, seconded by
Commissioner Holzberg, passed unanimously and the following action was taken:
A. The following minutes were approved:
November 6,2008 Commission Meeting
November 12, 2008 Workshop Meeting
B. Resolution No. 2009-01 was adopted as follows:
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.
C. Resolution No. 2009-02 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY
THE COMMISSION OF A MEMBER TO THE BOARD OF TRUSTEES
OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING
AN EFFECTIVE DATE.
D. Resolution No. 2009-03 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE A RELEASE OF RESTRICTIVE
COVENANTS AND A RELEASE OF UNITY OF TITLE IN THE FORM
ATTACHED TO THIS RESOLUTION CONCERNING PROPERTY
KNOWN AS "BAGEL COVE PLAZA" AT 18955-19001 BISCAYNE
BOULEVARD, CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2009-05 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
COLLECTIVELY BARGAINING CONTRACT ATTACHED HERETO BY
AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
G. The following motion was approved:
MOTION TO RATIFY THE CITY MANAGER'S APPOINTMENT OF
RAQUEL ROTHMAN, ESQ. AS SPECIAL MASTER FOR THE CITY OF
A VENTURA CODE ENFORCEMENT PROCESS.
H. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $20,000 TO
PURCHASE RIFLES AND RACKS FROM THE POLICE FORFEITURE
FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
I. Resolution No. 2009-06 was adopted as follows:
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
J. Resolution No. 2009-07 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN LEASE
AGREEMENT BY AND BEnNEEN THE SOUTH TOWER AT THE
POINT CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA
TO HOUSE POLICE RADIO EQUIPMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
K. Resolution No. 2009-08 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT TO
DESIGN AND BUILD TEN CLASSROOMS ADDITION TO AVENTURA
CHARTER SCHOOL BETWEEN THE CITY OF AVENTURA AND
KAUFMAN LYNN, INC., GENERAL CONTRACTORS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Commissioner Stern returned to the meeting. The following item was removed
from the Consent Agenda and addressed separately.
E. Commissioner Diamond read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING AMENDMENTS TO THE
FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS'
RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO-
OPERATIVE AND HOMEOWNER ASSOCIATIONS FEES, REGULAR
ASSESSMENTS AND SPECIAL ASSESSMENTS ON UNITS IN
3
FORECLOSURE AND ON FORECLOSED UNITS; AND PROVIDING AN
EFFECTIVE DATE.
After explanation of this resolution by Commissioner Diamond, Miami
Beach Commissioner Jerry Libbin addressed the Commission. A motion
for approval was offered by Commissioner Diamond, seconded by
Commissioner Holzberg, unanimously passed and Resolution No. 2009-
04 was adopted.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. Mr. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 6 "EFFECTIVE DATE" FROM JANUARY 1, 2009 TO APRIL
1, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008,
WHICH ORDINANCE ESTABLISHED A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF
TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY
OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Commissioner
Auerbach, and seconded by Commissioner Weinberg. Mayor Gottlieb opened
the public hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
B. Mr. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
A TEN-YEAR WATER SUPPLY FACILITIES WORK PLAN AND
AMENDING THE CITY OF AVENTURA COMPREHENSIVE PLAN BY
AMENDING THE FUTURE LAND USE ELEMENT, THE
INFRASTRUCTURE ELEMENT, THE CAPITAL IMPROVEMENTS
ELEMENT, THE INTERGOVERNMENTAL CO-ORDINATION ELEMENT
AND THE CONSERVATION & COASTAL MANAGEMENT ELEMENT
OF THE CITY OF AVENTURA COMPREHENSIVE PLAN TO
IMPLEMENT THE CITY OF AVENTURA TEN-YEAR WATER SUPPLY
FACIIL TIES WORK PLAN REQUIRED PURSUANT TO CHAPTER 163,
4
PART II, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, including the incorporation by reference into this hearing
of all amendments and testimony, written and verbal, relative to this item given at
the preceding Local Planning Agency meeting, was offered by Commissioner
Weinberg, and seconded by Commissioner Auerbach. Mayor Gottlieb opened
the public hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. Mr. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY AMENDING
POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENTS
ELEMENT TO ADOPT BY REFERENCE THE CITY OF AVENTURA
2008/09-2012/13 CAPITAL IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Holzberg, and seconded by
Commissioner Stern. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-01 was enacted.
B. Mr. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-239 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS ENTITLED "COMPLIANCE WITH COMPREHENSIVE
PLAN" TO ADD LEVEL OF SERVICE STANDARDS FOR EDUCATION
AS SECTION 31-239 (f)(8); PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-02 was enacted.
5
C. Mr. Gabriel read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2007-13 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2007/2008 FISCAL
YEAR BY REVISING THE 2007/2008 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg, and seconded by
Vice Mayor Joel. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2009-03 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Bob Burroughs.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
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.
6
A'!be c.y d
nventUra
-
MINUTES
CITY COMMISSION
WORKSHOP MEETING
January 22, 2009 - 9 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9
a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern,
Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
1. NORTHEAST BRANCH LIBRARY UPDATE (Countv Staff): Julio Castro, Miami-Dade
County Library Capital Development Coordinator, presented a site plan and design of the
proposed building and provided a timeline for demolition to begin in February 2009,
construction anticipated to begin the first quarter of 2010 and anticipated opening in June
2011.
CITY MANAGER SUMMARY: No action necessary.
2. LEGISLATIVE PROGRAM AND PRIORITIES (Citv ManaQer): Mr. Soroka discussed the
draft legislative program and priorities including items requested by the Commission during
the past year.
CITY MANAGER SUMMARY: Consensus to proceed with adoption of resolution at
February meeting and include additional agenda items to encourage state legislation
banning use of holding cell phones in hand and texting while driving city-wide, and state
legislation which would allow municipalities to adopt legislation banning no smoking in city
parks.
3. PROPOSED AMENDMENT TO DANGEROUS INTERSECTION SAFETY ORDINANCE
(Citv ManaQer): Mr. Soroka advised the Commission of amendment to the ordinance which
would include flashing red lights.
CITY MANAGER SUMMARY: Consensus to proceed with first reading at February
meeting.
4. 2009 MEETING SCHEDULE (Citv ManaQer): Mr. Soroka presented a proposed meeting
schedule for 2009.
CITY MANAGER SUMMARY: Consensus to approve.
5. PROPOSED AGREEMENT WITH PERFORMING ARTS CENTER AUTHORITY FOR
STARTUP SERVICES. MANAGEMENT. PROGRAMMING AND OPERATIONAL
SUPPORT SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
SERVICES (Citv ManaQer): Kelly Shanley, Shelley Bradshaw and Carmen Tiroca,
Performing Arts Center Authority, made a presentation explaining the proposed Agreement
to the Commission. After consensus to enter into agreement with an outside management
company, the proposed agreement was discussed.
CITY MANAGER SUMMARY: Consensus to review agreement further and discuss at
February 3, 2009 Workshop meeting scheduled for 5 p.m..
Mr. Soroka advised the Commission that the late developer Jacobo Cababie's family would
like to memorialize him by putting a plaque near a bench on Country Club Drive where he
passed away. Consensus to approve.
6. ADJOURNMENT: There being no further business to come before the Commission at this
time, after motion made, seconded and unanimously passed, the meeting adjourned at
11:40 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
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.
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: January 20,2009
SUBJECT: Disbursement of Police Forfeitu
February 3,2009 City Commission Meeting Agenda Item 6- B
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $6,000 to donate funds to the LEO
Foundation from the Police Forfeiture Fund in accordance with the City
Manager's memorandum".
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01644-09
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
~nberg,~hief of Police
14 January, 2009
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
LEO Foundation
$6,000
$8,000
Total Expendltu.. Request:
I certify that this requested expenditure complies with Florida State Statute
932.704 In that:
1. Funds wiD be used for an appropriate law enforcement purpose.
2. Funds are not being used as a nonnal source of revenue for the
Police Department
3. Funds were .om considered in the adoption and approval of the budget
of the Police Department.
Summary
LEO Foundation - I am requesting up to $6,000 to donate to the LEO
Foundation. W-9 form and IRS letter confirming this foundation is a 501(c)(3),
170(b)(1)(A)(Vi) and 509(a)(1) foundation. The LEO Foundation is a local charity
foundation that dedicated to recognizing law enforcement officers and their
efforts.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: January 26, 2009
SUBJECT: Resolution Declaring Equipment Surplus
February 3, 2009 Commission Meeting Agenda Item rr
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01640-09
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _, who moved its
adoption. This motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 3rd day of February, 2009.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY Ati!/1rYt ~
SUSAN GOTTLIEB, MAYOR
~ . ~ . .
-s;:............
.:.:.: ' ....
, . .,
::::::: ::::
. . ~ .
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE:
Eric M. Soroka, ICMA-CM, City Manager ~
Robert M. Sherman, Director of Community Service~
January 15, 2009
TO:
FROM:
SUBJECT: Surplus Property
Please have the city property listed below declared as Surplus Property as these items
have become cost prohibited to maintain and inadequate for department purposes:
Item
Model
Serial #
Asset
T #
ag
2003 Ford Explorer VIN # 1 FMZU63W43UA20355
Philips Magnavox 19" TV 19PR21 C122 59894571 N/A
Philips MaQnavox 19" TV 19PR09C101 63507372 N/A
Philips Magnavox 19" TV 19PR09C101 63502048 N/A
Philips MaQnavox 13" TVNCR Combo CCT132A T02 54485198 0190
Philips Magnavox 20" TV 20PS47S301 BZ000302 76246473 N/A
Philips Magnavox 20" TV 20PS47S301 BZOO030276246461 N/A
Philips Magnavox 20" TV 20PS47S301 BZ000302 76246423 N/A
Philips Magnavox 20" TV 20PT6341 137 BZ1A0422101167 N/A
Philips Magnavox 27" TV 27PS55S321 78183407 N/A
Toshiba 27" TVNCR Combo MW27FN1 35691006 N/A
RMS/gf
RMS09004
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, City Manager ~
. <::?
Robert M. Sherman, Director of Community Service .
TO:
DATE:
January 22, 2009
SUBJECT: Surplus Property
Please have the City property listed below declared as Surplus Property, as
these items have become cost prohibitive to maintain and inadequate for
department purposes:
Item
Model
Serial #
Asset
T #
ag
True Treadmill ZTX 850 02-45118L 1640
True Elliotical TE 750 02-EL0542J 1647
2 hand held POA's N/A N/A N/A
RMS/gf
RMS09006
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: January 26, 2009
SUBJECT: Resolution Approving Legislative Programs and Priorities for 2009
February 3, 2009 City Commission Meeting Agenda Item n
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
approving the Legislative Programs and Priorities for 2009. This item was reviewed at
the January Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
eeo 1646-09
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ADOPTING THE CITY
OF AVENTURA 2009 LEGISLATIVE PROGRAM AND
PRIORITIES ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura 2009 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner _, who moved its
adoption. This motion was seconded by Commissioner _, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 3rd of February, 2009.
ATTEST:
SUSAN GOTTLIEB, MAYOR
TERESA M. SOROKA, MMC
CITY CLERK
LEGALS~
. ~ ~ ~ .
. . e e e
~
e .. . e . .
. e . e .
CITY OF A VENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
2009
Mayor Susan Gottlieb
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.A.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2009
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
2. Provide for amendments to the Florida Statutes to increase mortgage holders'
responsibility for delinquent condominium, co-operative and homeowner
associations fees, regular assessments and special assessments on units in
foreclosure and on foreclosed units.
3. Increase the State Cigarette tax and utilize the additional funds for smoking
related health and preventative education issues.
4. Increase or maintain educational funding levels for Miami-Dade County public
schools.
5. Adopt the 2009 Policy Statement of the Florida League of Cities.
6. Consider the adoption of consumer protection measures to provide that
restaurants must disclose the price of food and beverage specials before
accepting orders from restaurant patrons.
7. Enact a law that would prohibit the use of a handheld cell phone in a motor
vehicle without a hands free device or equipment.
8. Enact a law that would allow local government to enact an Ordinance that would
prohibit smoking of tobacco products in public parks.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City ~gerV
DATE: January 30, 2009
SUBJECT: Proposed Startup Services, Management, Programming and
Operational Support Services for the Aventura Arts and Cultural
Center with the Performing Arts Center Authority
February 3, 2009 City Commission Meeting Agenda Item 5 E
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the attached Agreement between the City and Performing Arts Center
Authority (PACA) for Startup Services, Management, Programming and Operational
Support Services for the Aventura Arts and Cultural Center (AACC). This matter was
discussed at the January Workshop meeting. Since that time, the following revisions
were made to the document to address concerns expressed by the Commission at the
workshop meeting.
. The startup and post startup marketing scope of services was amended to
include that the AACC's web site link will be featured as an affiliated venue on
the Broward Center, Parker Playhouse and Miniaci Performing Arts Center web
sites in the Tickets and Events sections and ticketed events at the AACC will be
included in the Broward Center's monthly calendar of events which shall be e-
mailed to the Broward Center database.
. The post startup scope of services was amended to include the requirement that
PACA survey all patrons of the AACC to provide feedback on the performances
and events held at the AACC for evaluation purposes.
. The Ticketing Fee Schedule Exhibit C was amended to clarify that non-profit
groups who utilize their subscription base to distribute tickets would only be
responsible for the ticket printing fee.
. Section 7.2.4 was amended to clarify the compensation amount due to early
termination of the agreement.
Memo to City Commission
Page 2
. Section 6.11 was added to provide language similar to other agreements entered
into with contractors proving city services, clarifying the organizational structure
of the Arts and Cultural Center Department.
As stated at the workshop meeting this document is an inter-governmental
management agreement between the City and PACA.
BACKGROUND
As previously reported, I have been exploring the feasibility of the Performing Arts
Center Authority to perform startup services and manage the City's Arts & Cultural
Center. The Performing Arts Center Authority was established by an act of the Florida
Legislature in 1984. The enabling Legislation states that the Performing Arts Center
Authority was created for the purpose of "planning, promoting, developing, constructing,
acquiring and operating facilities for holding any type of cultural, tourism or promotional
event." This resulted in the construction of the Broward Center for the Performing Arts,
which opened in 1991. In addition to the Broward Center for the Performing Arts, which
anchors the Riverwalk Arts & Entertainment District in downtown Fort Lauderdale,
PACA also manages and operates the historic Parker Playhouse, the Rose & Alfred
Miniaci Performing Arts Center on the campus of Nova Southeastern University in
Davie, and the recently-opened Miramar Cultural Center. Their Ticketing Services
Division manages comprehensive ticketing services for all of the theaters, and Florida
Atlantic University, and has provided ticketing services to the Museum of Art in Fort
Lauderdale and the Greater Fort Lauderdale Convention & Visitors Bureau.
Based on the strong experience of PACA and the City's philosophy of privatizing
services to provide professional services to our residents in the most economical
manner, it makes sense to explore this concept. It is important to note that the City
followed a similar course of action when we began the Charter School several years
ago. Kelley Shanley, President and CEO of the Performing Arts Center Authority and I
have negotiated a draft agreement document for review by the City Commission.
The agreement provides an original term of twenty months for two service components,
start-up services for a period of fourteen months and post start up services for a period
of six months. At the end of twenty month period the parties can agree to extend the
term.
Start up services include strategic planning and guidance, staffing, operations, event
services, programming, finance and accounting and production and technical services
for AACC. A more detailed scope of services is included in Exhibit A of the document.
Once AVENTURA and PACA agree on the staffing structure, salaries and timeline for
hiring employees for the AACC, PACA will be responsible for recruiting, training and
employing said employees. AVENTURA shall reimburse PACA on a monthly basis for
Memo to City Commission
Page 3
its costs associated with the agreed upon employees to staff the AACC. The AACC
General Manager shall be an employee of PACA but shall act as department director
and report to the City Manager and PACA. The City Manager shall have the right to
make recommendations to PACA regarding disciplinary matters, including possible
termination of employees assigned to the AACC. Startup services would be for a period
of fourteen months, February 2009 to March 2010. The cost of the services is proposed
at $270,000. This would be a onetime cost that would be paid monthly and would occur
over two budget cycles ($155,000 in fiscal year 2008/09 and $115,000 in fiscal year
2009/10).
Post startup services include management, programming and operations support
services for AACC. A more detailed scope of services is included in Exhibit B of the
document. The cost of the service would be $12,000 per month for a six month period
after the facility is opened.
PACA would interact with the City's Arts and Cultural Center Advisory Board and other
user groups to determine programming goals. PACA will remit any payable revenues to
the City, subject to the Ticketing Fee Structure in Exhibit C. PACA's fee structure shall
be the same fee structure as PACA utilizes for all other entities that it performs such
ticketing services.
The following are some points that we should consider as we review this agreement:
. It is important in these economic times to ensure a successful opening of the
AACC and I believe this collaboration with PACA represents the best opportunity
to provide a professional facility that can sustain itself and one our residents will
enjoy in years to come.
. By providing for PACA to perform startup services we could delay hiring staff and
utilize the savings to assist in funding the agreement.
. The collaboration with PACA will allow the City to have access to an experienced
senior staff and an organization that has had a successful track record of
attracting quality presenters and shows.
. Artist and event contracts as well as event accounting will be handled by PACA
which will result in reducing the impact on staffing needs.
. The short term of the agreement will allow the City the opportunity to reassess
and evaluate the results of the services provided by PACA.
If you have any questions please feel free to contact me.
EMS/
Attachment
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN AGREEMENT BY AND BETWEEN
PERFORMING ARTS CENTER AUTHORITY AND THE
CITY OF A VENTURA FOR STARTUP SERVICES,
MANAGEMENT, PROGRAMMING AND OPERATIONAL
SUPPORT SERVICES FOR THE AVENTURA ARTS AND
CULTURAL CENTER; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby authorizes the City Manager to
execute and otherwise enter into that certain Agreement, a copy of which is attached
hereto, by and between Performing Arts Center Authority and the City of Aventura for
startup services, management, programming and operational support services for the
Aventura Arts and Cultural Center.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commission _, who moved its
adoption. The motion was seconded by Commissioner _, and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 3rd day of February, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
STARTUP SERVICES, MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT
SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
AGREEMENT
Between
PERFORMING ARTS CENTER AUTHORITY
and
CITY OF AVENTURA
for
STARTUP SERVICES, MANAGEMENT, PROGRAMMING AND OPERATIONAL SUPPORT
SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER
This is an Agreement ("Agreement") between: PERFORMING ARTS CENTER AUTHORITY,
an independent special district and a public body, politic and corporate, in Broward County
organized in the State of Florida under the laws of Florida (hereinafter "PACA"), which is located at
the Broward Center for the Performing Arts in Broward County, Florida 33312.
AND
CITY OF AVENTURA, a Florida municipal corporation, its successors and assigns,
(hereinafter "AVENTURA)".
WIT N E SSE T H, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, PACA and AVENTURA agree as follows:
WHEREAS, PACA has been created under Special Act 84-396 of the laws of Florida, as
amended and subsequently re-codified in Chapter 2005-335, Laws of Florida ("Act"), for the
purposes of planning, promotion, developing, and operating facilities for holding any type of cultural,
tourism or promotional event; and
WHEREAS, PACA is the owner and operator of the Broward Center for the Performing Arts
in Broward County, Florida, which is used for the holding of all types of cultural, tourism, and
promotional events; and
WHEREAS, AVENTURA will be the owner of the Aventura Arts and Cultural Center ("AACC") in
Miami-Dade County, Florida, which will be used for all types of cultural, artistic, musical, educational
and promotional events; and
1
WHEREAS, PACA may make and enter into contracts relating to its purposes as stated
herein in accordance with the Act; and
WHEREAS, PACA and AVENTURA agree to enter into this Agreement wherein PACA
agrees to provide start up services, management, programming and operational support services
relating to the AACC for the term stated in Article 3 of this Agreement; and
NOW, THEREFORE, in consideration of the mutual promises herein contained, PAC A and
AVENTURA agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms, and
provisions which follow, the definitions and identifications set forth below are assumed to be true
and correct and are agreed upon by the parties.
1.1 Agreement: means this document, Articles 1 through 7, inclusive. Other terms and
conditions are included in the exhibits and documents that are expressly incorporated by
reference.
1.2 Board: The Board of the Performing Arts Center Authority which is the governing body of
P ACA created by the Act.
1.3 Business Day: Business Day shall mean a day where AVENTURA's administrative offices
are open to conduct regular business. Where a time period of "one (1) business day" is
established, it shall mean a twenty-four (24) hour period beginning on a business day and
ending at the same time on the next business day.
1.4 Contract Administrator: The ranking managerial employee of PACA or some other employee
expressly designated as Contract Administrator in writing by PACA's President/CEO as the
representative of PACA concerning this Agreement. In the administration of this Agreement,
as contrasted with matters of policy, all parties may rely upon instructions or determinations
made by the Contract Administrator; provided, however, that such instructions and
determinations do not change the Scope of Services or increase or decrease the amount of
compensation provided for under this agreement. At the time of execution of this Agreement,
PAC A designates its President/CEO as the Contract Administrator.
1.5 Event: For purposes of this Agreement, the term "event" means any uses of the AACC,
including, but not limited to musical, educational, cultural, artistic, and promotional events,
shows, performances, presentations, commencement exercises, concerts, recitals, public
addresses, drama productions, auditions, seminars, and other cultural, commercial, civic
instructional or ceremonial functions, regardless of the presenter, producer or sponsor of
such event.
2
1.6 Fiscal Year: PACA and AVENTURA's Fiscal Year, which commences on October 1 and ends
on September 30 of the following year.
1.7 Aventura Representative: The person from time to time designated in writing as the
AVENTURA Representative. At the time of execution of this Agreement, AVENTURA
designates the City Manager or designee as Aventura Representative.
1.8 Operating Expenses: For purposes of this Agreement, "Operating Expenses" shall include
all expenses incurred by the parties in providing the services under this Agreement and/or
incurred in generating income for the AACC, including, but not limited to advertising,
management, administration, general custodial care, security, maintenance, cleaning,
utilities, life safety, and the hiring, training, retention, supervision and evaluation of various
personnel.
1.9 Post startup services: Management, programming and operational support services for the
AACC beginning on the fifteenth (15th) month of this Agreement, and continuing to the end
of the contract term and/or its renewable term.
1.10 Programming Expenses: For the purposes of this Agreement, "Programming Expenses" shall
include all those expenses incurred by AVENTURA or PACA in providing, booking, and
presenting performances at the Aventura Cultural Arts Center.
1.11 Start-up Services: Services performed beginning on the Effective Date of this contract and
continuing for Fourteen (14) months thereafter.
1.12 "Ticket Revenue": For purposes of this Agreement, the term "Ticket Revenue" shall include
all receipts received by PACA in connection with Ticketing Services on behalf of the AACC
including, but not limited to, cash, credit card purchases, checks, credits, and receivables
relating to the purchase of tickets for admission to the AACC.
1.13 Ticketing Services: means provision of systems and services for the efficient and effective
distribution of tickets to events at the AACC. Such services may utilize PACA and/or
AVENTURA's employees, independent contractors, volunteers or agents.
1.14 User: An entity which has entered into a rental agreement (also referred to as "Licensing
Agreement") with AVENTURA for the use of the AACC.
1.15 Licensee: Any third party who enters into a License Agreement.
1.16 AACC Presents: Presentations occurring at the AACC for which A VENTURA is the presenter
and is responsible for all costs associated with the presentation. PAC A will provide services
such as contracting with artsist on behalf of AVENTURA as provided for in this Agreement.
1.17 PACA Presents: Presentations occurring at the AACC for which PAC A is the presenter and
is responsible for all costs associated with the presentation as provided for in this
3
Agreement.
ARTICLE 2
SCOPE OF SERVICES: START UP SERVICES
2.1 PACA's start up services shall include strategic planning and guidance, staffing, operations,
event services, programming, finance and accounting and production and technical services
for AACC. PACA shall provide all services as set forth in Article 2 herein including all
necessary, incidental, and related services required by the Scope of Services. Once
AVENTURA and PACA agree on the staffing structure, salaries and time line for hiring
employees for the AACC, PACA will be responsible for recruiting, training and employing
said employees. PACA shall determine, in its sole discretion, the benefits that will be
provided to such employees and shall administer the provision of such benefits. AVENTURA
shall reimburse PACA on a monthly basis for its costs associated with the agreed upon
employees to staff the AACC. The AACC General Manager shall be an employee of PACA
but shall act as department director and report to the City Manager and PAC A. The City
Manager shall have the right to make recommendations to PACA regarding disciplinary
matters, including possible termination of employees assigned to the AACC. PAC A will
consider such recommendation of the City Manager and act in accordance with their
responsibilities.
2.2 PACA and AVENTURA acknowledge and agree that the Scope of Services does not
delineate every detail and minor work task required to be performed by PACA to complete
the Agreement. If, during the course of the performance of the services included in this
Agreement, PACA determines that work should be performed to complete the services which
are in PACA's opinion outside the Scope of Services originally anticipated, whether or not the
Scope of Services identifies the work items, PACA shall notify AVENTURA in writing in a
timely manner before proceeding with the work. If PACA proceeds with said work without
providing written notification, said work shall be deemed to be within the original Scope of
Services, whether or not specifically addressed in the Scope of Services. Written notice to
AVENTURA does not constitute authorization or approval by AVENTURA to perform the
work. Performance of work by PACA outside the originally anticipated Scope of Services
without AVENTURA's prior written approval in accordance with Sections 5 and 7.12 is at
PACA's sole risk.
2.3 PAC A and AVENTURA acknowledge that the services stated herein are limited to this
Agreement and that additional negotiations will be required for additional services.
2.4 PACA and AVENTURA may negotiate additional scopes of services, compensation, time of
performance, and other related matters for additional services not provided for herein. Such
additional services involving additional compensation shall require a written amendment to
this Agreement. Time of performance or scheduling revisions may be agreed to in writing by
4
the City Manager and the PACA President/CEO.
2.5 SCOPE OF SERVICES: START UP SERVICES
2.5.1 Engagement, Rights, and Responsibilities: A VENTURA hereby engages PACA to
provide start up services for the AACC located in Miami-Dade County, Florida, as
provided in Exhibit A, attached hereto and incorporated herein, and PAC A hereby
accepts such engagement. A detailed scope of services is outlined in Exhibit A.
AVENTURA retains the right to modify the timing of the services to be performed, as
described in Exhibit "A", including but not limited to deferring or eliminating a service
or services described in the Start-Up Services, which will not affect terms of payment
as defined in Article 5. Start-Up Services shall be performed beginning on the
Effective Date of this contract and continuing for Fourteen (14) months thereafter.
PACA shall give prompt written notice to A VENTURA whenever PAC A becomes
aware of any development that affects the scope of timing or the services to be
performed by P ACA.
2.5.2 Non-Exclusive Use:
PACA shall have the non-exclusive, royalty free, worldwide revocable right to use
AVENTURA's name, logos, trade names, and other trademarks or service marks of
AVENTURA in connection with the marketing, advertising, and promotion of the
AACC pursuant to this Agreement; provided, however, that:
(A) In any and all such usages, the AVENTURA logo as it exists at such time shall be
used; and
(8) In any and all usages of the AVENTURA's name, AVENTURA shall be referred to
as the "Citv of AVENTURA," or as AVENTURA requests in writing from time to time,
and the AACC shall be referred to as the "Aventura Arts and Cultural Center."
AVENTURA reserves the right, at any time, to revoke such right, in whole or in part, in
its sole discretion, during the term of this Agreement.
ARTICLE 3
SCOPE OF SERVICES: POST START UP SERVICES
3.1 PACA's management, programming and operational support services shall include strategic
planning and guidance, staffing, operations, event services, programming, finance and
accounting, production and technical services and ticketing services for AACC. PACA shall
provide all services as set forth in Article 2 herein including all necessary, incidental, and
related services required by the Scope of Services.
3.2 PACA and AVENTURA acknowledge and agree that the Scope of Services does not
delineate every detail and minor work task required to be performed by PACA to complete
5
the Agreement. If, during the course of the performance of the services included in this
Agreement, PACA determines that work should be performed to complete the services which
are in PACA's opinion outside the Scope of Services originally anticipated, whether or not the
Scope of Services identifies the work items, PAC A shall notify AVENTURA in writing in a
timely manner before proceeding with the work. If PACA proceeds with said work without
providing written notification, said work shall be deemed to be within the original Scope of
Services, whether or not specifically addressed in the Scope of Services. Written notice to
AVENTURA does not constitute authorization or approval by AVENTURA to perform the
work. Performance of work by PAC A outside the originally anticipated Scope of Services
without AVENTURA's prior written approval in accordance with Sections 5 and 7.12 is at
PACA's sole risk.
3.3 PACA and AVENTURA acknowledge that the services stated herein are limited to this
Agreement and that additional negotiations will be required for additional services.
3.4 PACA and AVENTURA may negotiate additional scopes of services, compensation, time of
performance, and other related matters for additional services not provided for herein. Such
additional services involving additional compensation shall require a written amendment to
this Agreement. Time of performance or scheduling revisions may be agreed to in writing by
the City Manager and the PACA President/CEO.
3.5 SCOPE OF SERVICES: POST START UP SERVICES
3.5.1 Engagement, Rights, and Responsibilities: A VENTURA hereby engages PACA to
provide management, programming and operations support services for the AACC
located in Miami-Dade County, Florida, as provided in Exhibit B, attached hereto and
incorporated herein, and PACA hereby accepts such engagement. A detailed scope
of post start up services is outlined in Exhibit B. AVENTURA retains the right to
modify the timing of the services to be performed, as described in Exhibit "B",
including but not limited to deferring or eliminating a service or services described in
the Post Start-Up Services. Post Start-Up Services shall begin on the fifteenth (15th)
month of this Agreement, and continuing to the end of the contract term and/or its
renewable term. PACA shall give prompt written notice to AVENTURA whenever
PACA becomes aware of any development that affects the scope of timing or the
services to be performed by PACA.
ARTICLE 4
TERM AND TIME OF PERFORMANCE
The initial term of this Agreement shall begin on February 1, 2009 or the date it is fully
executed by both parties, whichever date is later, ("Effective Date") and shall continue in full force
and effect for twenty (20) months unless terminated sooner as provided in Article 7 herein, with
annual renewable terms, upon mutual agreement by PACA and AVENTURA at the City's discretion.
If the term of this Agreement extends beyond a single fiscal year of PACA or of AVENTURA, the
6
continuation of this Agreement beyond the end of any fiscal year shall be subject to the
appropriation and availability of funds in accordance with Chapter 129, Florida Statutes, and Sec
166.241 as amended from time to time.
ARTICLE 5
COMPENSATION
5.1 The parties further agree as follows:
5.1.1 PAYMENTS TO PACA:
AVENTURA agrees to pay PACA, in the manner specified in Section 5.2, as follows:
. The total amount of Two Hundred Seventy Thousand Dollars ($270,000.00), a
fee for Start-up Services.
. The total amount of Seventy Two Thousand Dollars ($72,000.00), a fee for
Post Start-up Services,
Such amounts shall be accepted by PACA as full compensation for all such work,
exclusive of payments AVENTURA shall make to reimburse PACA for costs
associated with the agreed upon employees to staff the AACC . It is acknowledged
and agreed by PAC A that this amount is the maximum payable and constitutes a
limitation upon AVENTURA's obligation to compensate PACA for its services related
to this Agreement. This maximum amount, however, does not constitute a limitation,
of any sort, upon PACA's obligation to perform all items of work required by or which
can be reasonably inferred from the Scope of Services. No amount shall be paid to
PACA to reimburse its expenses.
The compensation to be paid by AVENTURA to PACA for the performance of its
obligations under this Agreement and for its management, programming and
operations support services of the Aventura Arts and Cultural Center is solely limited
to the provisions stated in this Agreement.
5.1.2 REVENUES TO AVENTURA:
PAC A shall remit any payable revenues to AVENTURA, subject to the Ticketing Fee
Structure in Exhibit C, attached hereto and incorporated herein. Should PACA modify
such fee structure, PAC A shall notify AVENTURA in writing of such modification.
PACA's fee structure utilized under this Agreement, shall be the same fee structure
as PACA utilizes for all other entities for which it performs such ticketing services. In
the event that PAC A enters into a fee structure agreement with another entity and
charges less fees, then PACA shall immediately modify the fee structure, Exhibit "C"
7
accordingly. Such funds shall be made payable to "City of Aventura" and shall be
forwarded each month to:
City Manager
Attn: Eric M. Soroka
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
A VENTURA may change any of the information provided under Section 5.1.2 herein
by providing written notice of such change to Contract Administrator using the notice
procedure under Section 7.13 "Notices." AVENTURA shall provide its federal
identification number on the form provided by Contract Administrator at the time of
AVENTURA's execution of this Agreement.
5.2 METHOD OF BILLING AND PAYMENT FOR AVENTURA'S PAYMENTS TO PAC A
5.2.1 The fees for Start-up Services as stated in Section 5.1.1 shall be payable by
AVENTURA to PACA as follows:
Following the Effective Date of this Agreement, Nineteen Thousand Two Hundred
Ninety ($19,290) is due every thirty (30) calendar day cycle for the first fourteen (14)
months of the Agreement, for Start-up Services, as applicable. The fees for Post
Start-up Services, as stated in section 5.1.1 shall be payable to PACA as follows:
Beginning with the fifteenth month of the Agreement, and continuing through the end
of Agreement, Twelve Thousand Dollars ($12,000.00) is due every thirty (30)
calendar day cycle.
PACA will submit invoices for compensation following the end of each thirty (30)
calendar day cycle, after the services for which invoices are submitted have been
completed. An original invoice plus one (1) copy will be submitted by PACA to
AVENTURA. Invoices shall designate the nature of the services performed for the
period.
5.2.2 AVENTURA shall pay PACA within thirty (30) calendar days of the date of PACA's
invoice statement. To be deemed proper, all invoices must comply with the
requirements set forth in this Agreement.
5.2.3 AVENTURA shall make payments to PAC A payable to "Performing Arts Center
Authority" and forward to:
President/CEO
Attn: Kelley Shanley, President/CEO
Performing Arts Center Authority Broward Center for the Performing Arts
8
201 Southwest Fifth Avenue
Fort Lauderdale, Florida 33312
PACA may change any of the information provided under Section 5.2.3 herein by
providing written notice of such change to Contract Administrator using the notice
procedure under Section 7.13, "Notices." PAC A shall provide its federal identification
number on the form provided by AVENTURA at the time of PACA's execution of this
Agreement.
ARTICLE 6
AVENTURA'S RESPONSIBILITIES
6.1 AVENTURA shall reasonably assist PACA by placing at PACA's disposal all information and
documents that AVENTURA has available pertinent to the services stated in this Agreement
including previous reports and any other data relative to management, programming and
operations support, and usage of the Aventura Arts and Cultural Center.
6.2 AVENTURA shall arrange for access to, and make all provisions for, PAC A to enter upon
AVENTURA's property at all reasonable times and upon prior reasonable notice, during each
term of this Agreement as required for PACA to perform its services.
6.3 AVENTURA shall give prompt written notice to PACA whenever AVENTURA becomes
aware of any development that affects the scope or timing of the services to be performed by
PACA.
6.4 Except as herein otherwise set forth, throughout each term of this Agreement, AVENTURA
shall maintain full beneficial use and ownership of the Aventura Arts and Cultural Center and
will keep, observe and perform all payments, terms, covenants, conditions, and obligations
under any agreements to which AVENTURA may be bound.
6.5 PACA shall assist AVENTURA in securing all applicable licenses including, but not limited to,
American Society of Composers, Authors and Publishers' licenses, in order to ensure that
performances at the Aventura Arts and Cultural Center do not violate or infringe any
copyright, patent, trademark, right of privacy or other statutory or common law right of any
person or entity.
6.6 AVENTURA shall be solely responsible for all labor relations relating to AVENTURA's staff,
volunteers and independent contractors used at the AACC, and for all labor relations
associated with any and all trade or union representation among its employees, and shall
negotiate and be responsible for adjusting and resolving any and all disputes between itself
and its employees and any union representing such employees in a timely fashion.
9
Whenever AVENTURA has knowledge that any actual or potential labor dispute is delaying
or threatens to delay its or PACA's performance obligations under this Agreement or any
related agreement for the use of the Aventura Cultural Arts Center, AVENTURA shall
promptly give written notice thereof to PACA.
6.7 AVENTURA warrants and represents to PACA that it has no knowledge of any material or
adverse conditions pertaining to the plans of the Aventura Arts and Cultural Center,
including, without limitation, the condition of the structure, its interior or the exterior, which
would materially or adversely affect the ability of PACA to perform its obligations under this
Agreement or materially or adversely affect the financial prospects for the Aventura Cultural
Arts Center. If after completed construction of the Aventura Arts and Cultural Center,
Aventura becomes aware of any material or adverse condition, including, without limitation,
the condition of the structure, its interior or the exterior, which would materially or adversely
affect the ability of PACA to perform its obligations under this Agreement or materially or
adversely affect the financial prospects for the Aventura Arts and Cultural Center, it shall
immediately provide written notice to PACA of such conditions.
6.8 A VENTURA shall be solely responsible for all expenses incurred in connection with the
management, use, occupancy, and operation of the Aventura Arts and Cultural Center,
subject to the specific financial obligations of third parties under applicable Agreements,
except as provided in Section 6.9 below, or as otherwise provided for herein.
6.9 PACA may present performances at the Aventura Arts and Cultural Center and assume the
associated financial risk. The assumption of such financial risk shall be at PACA's sole
discretion. Such performances shall be subject to approval in writing by AVENTURA, and
such approval or denial shall be in its absolute and sole discretion. In such cases, PACA will
request in writing, the specific date it is requesting and the purpose of the request.
AVENTURA will use its best efforts to confirm or deny the use of the Aventura Arts and
Cultural Center in writing within five (5) business days. PACA will be responsible for
reimbursing AVENTURA for all direct costs associated with the performance(s) including but
not limited to, stage labor, cleaning, outside equipment rental, event staff, and advertising.
PACA will be responsible to pay rental fees only if the ticket revenue from the performance(s)
exceeds the costs associated with the performance including but not limited to
reimbursements to AVENTURA as listed above, artist fees, artist transportations costs, and
advertising costs.
6.10 PACA agrees that it will utilize written contracts for all License Agreements at the AACC
in a form that is approved by AVENTURA, as may be amended from time to time.
6.11 The CITY has established an Arts and Cultural Center Department which reports to the
City Manager. PACA shall be accountable to the City Manager. Neither the City
Commission nor its members shall give orders to PACA, its employees or employees of
the Arts and Cultural Center, either publicly or privately. Recommendations for
improvements in the Arts and Cultural Center operations by Commissioners shall be
made solely to and through the City Manager.
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ARTICLE 7
MISCELLANEOUS
7.1 OWNERSHIP OF DOCUMENTS; PUBLIC RECORDS
Both PACA and AVENTURA are public entities organized under the laws of the State of
Florida, and notwithstanding anything herein contained to the contrary; PACA and
AVENTURA shall comply with the Public Records Law. Except as relating to confidential
customer data and confidential ticket data, PACA and AVENTURA agree that the
information, reports, data and other documents created by PAC A or on behalf of AVENTURA
related to this Agreement shall become the jointly owned property of PACA and AVENTURA.
Each party, as separate and independent owners, shall have the separate and independent
right to use, photocopy and share with third parties, as it determines appropriate in its sole
discretion such information, report, data and other documents separately and independently
of the ownership rights of the other party and such party shall not be required to provide any
notice or obtain any consent from the other party relating to such use.
7.2 TERMINATION
7.2.1 This Agreement may be terminated for cause by action of PACA's Board or PACA's
President/CEO or by AVENTURA's City Commission upon ninety (90) calendar days'
prior written notice specifying the default or breach as furnished by the party that
elected to terminate, provided that the default or breach is not cured within such
period. Notwithstanding anything to the contrary contained in this Agreement, this
Agreement may not be terminated for convenience. This Agreement may be
terminated by PACA's President/CEO or the City Manager of AVENTURA upon such
notice as such President/CEO or the City Manager deems appropriate under the
circumstances in the event that PACA's President/CEO or the City Manager
determines that termination is necessary to protect the public health, safety, or
welfare.
7.2.2 Termination of this Agreement for cause shall include, but not be limited to, failure to
suitably perform the work, failure to continuously perform the work in a manner
calculated to meet or accomplish the objectives of PACA or AVENTURA as set forth
in this Agreement, or breach of any of the provisions of this Agreement
notwithstanding whether any such breach was previously waived or cured.
7.2.3 Notice of termination shall be provided in accordance with section 7.13. Notice of
termination by PACA's President/CEO or the City Manager which PACA's
President/CEO or the City Manager, respectively deems necessary to protect the
public health, safety, or welfare may be verbal notice which shall be promptly
11
confirmed in writing within three (3) business days in accordance with section 7.13 of
this Agreement.
7.2.4 In no event shall AVENTURA be liable to PACA for any additional compensation,
upon such early termination only as provided for in section 7.2.1 above, beyond that
earned in accordance with the schedule of payments provided in section 5.2.1 above
other than that expressly provided herein, nor shall AVENTURA be liable to PACA for
any consequential or incidental damages.
7.2.5 Any termination for convenience or without cause shall be considered a breach of this
Agreement. Any termination for convenience or without cause shall not relieve PACA
or AVENTURA from any of their respective obligations or liabilities incurred by PAC A
or AVENTURA prior to the effective date of such termination including, without
limitation, the payment of all fees owed to PACA or the payment by AVENTURA of all
expenses incurred relating to the management, programming and operations support,
and use of the Aventura Arts and Cultural Center. If this Agreement is terminated for
convenience, without cause or expires, PACA shall be entitled to use the Aventura
Arts and Cultural Center for all PACA-presented existing, committed events, and
PACA shall be charged the applicable rate to meet performance commitments under
existing Agreements with AVENTURA for such use.
7.3 AUDIT RIGHT AND RETENTION OF RECORDS
Each party shall have the right to audit the books, records, and accounts of the other party
that are related to this Agreement. Each party shall keep such books, records, and accounts
as may be necessary in order to record complete and correct entries related to this
Agreement.
Each party shall preserve and make available, at reasonable times for examination and audit
(including copying) by the other party, all financial records, supporting documents, statistical
records, and any other documents pertinent to this Agreement for a period of five (5) years
after the termination or expiration of this Agreement provided that any applicable audits have
been completed. If any audit has been initiated and audit findings have not been resolved at
the end of the five (5) year retention period, the books, records, and accounts shall be
retained until resolution of the audit findings. Each party acknowledges and agrees that the
records, documents, data, studies, surveys, drawings, maps, models, photographs, and
copies of reports which are maintained by the other party, including those records prepared
by, provided by or received by either party relating to this Agreement are subject to Florida
Public Records, subject to applicable exemptions under the Florida Public Records Law or
federal law; however, no confidentiality or non-disclosure requirement of either federal or
state law shall be violated by either party. Any incomplete or incorrect entry in party's books,
records, and accounts shall be a basis for the other party's disallowance and recovery of any
payment upon such entry.
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PACA shall permit AVENTURA, at all reasonable times and upon prior reasonable written
notice, of at least ten (10) calendar days to audit, inspect, examine, and copy, at
AVENTURA's sole expense, any and all of PACA's books, journals, ledgers, computer
printouts, records, papers, reports, correspondence, memoranda, cash register records, and
other documents and records of PACA which are related solely to the performance of
services by PACA under this Agreement. Upon prior reasonable notice, AVENTURA shall
have the right to make physical inventories of equipment, furnishings, and materials to
assure that actual inventories agree with its records or the most current inventory list. PACA
shall be promptly notified in writing of any and all discrepancies, excluding normal wear and
tear of inventory items.
7.4 NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY. AND AMERICANS WITH
DISABILITIES ACT
Neither party shall unlawfully discriminate against any person in its operations and activities
relating to this Agreement. Both parties shall affirmatively comply with all applicable
provisions of the Americans with Disabilities Act (ADA), including Titles I and II of the ADA
(regarding nondiscrimination on the basis of disability), and all applicable regulations,
guidelines, and standards. AVENTURA and PACA shall comply with Title I of the Americans
with Disabilities Act regarding nondiscrimination on the basis of disability in employment.
AVENTURA and PACA shall take affirmative action to ensure that applicants for employment
and employees are treated without regard to race, age, religion, color, gender, sexual
orientation (Broward County Code, Chapter 16%), national origin, marital status, political
affiliation, or physical or mental disability during employment. Such actions shall include, but
not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms
and conditions of employment, training (including apprenticeship), and accessibility.
AVENTURA and PACA shall not engage in or commit any discriminatory practice in violation
of the Broward County Human Rights Act (Broward County Code, Chapter 16%).
7.5 PUBLIC ENTITY CRIMES ACT
PAC A further represents that there has been no determination, based on an audit, that it
committed an act defined by Section 287.133, Florida Statutes, as amended, as a "public
entity crime" and that it has not been formally charged with committing an act defined as a
"public entity crime" regardless of the amount of money involved or regardless of whether
PACA has been placed on the convicted vendor list.
7.6 SUBCONSUL TANT
PACA may utilize sub consultants for the support services to be performed by PACA for
AVENTURA under this Agreement, subject to the Aventura Representative's written
approval. In connection therewith, PACA shall provide advanced written notification to
13
AVENTURA of its intent to use any sub consultant. To the extent permitted by Florida law,
PAC A shall be responsible for the acts or omissions of PACA's sub consultant, subject to
applicable State of Florida or federal law and subject to the provisions of any applicable sub
consultant's agreement. Furthermore, PACA's agreement with any sub consultant shall
provide that the terms and conditions of this Agreement between AVENTURA and PACA
shall be incorporated by reference into such sub consultants' agreements applicable to all of
PACA's sub consultants. PACA shall notify AVENTURA if it uses any sub consultants for the
support services of the AVENTURA Cultural Arts Center and shall provide to AVENTURA
copies of all sub consultant agreements.
7.7 ASSIGNMENT AND PERFORMANCE
Neither this Agreement nor any interest herein shall be assigned, transferred, or encumbered
by either party, nor shall PACA not subcontract any portion of the work required by this
Agreement except as stated in Section 7.6. PACA represents that all persons delivering the
services required by this Agreement have the knowledge and skills, either by training,
experience, education, or a combination thereof, to adequately and competently perform the
duties, obligations, and services set forth in the Scope of Services and to provide and
perform such services to PACA's and AVENTURA's satisfaction.
PAC A shall perform its duties, obligations, and services under this Agreement in a skillful
manner. The quality of PACA's performance and all interim and final services provided by
PACA or on behalf of PACA shall be comparable to the best local and national standards.
7.8 GOVERNMENTAL IMMUNITY
Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall
anything included herein be construed as consent to be sued by third parties in any matter
arising out of this Agreement or any other contract. AVENTURA is a municipality and PACA
is an independent special district and public body, a state agency or political subdivision as
defined in Chapter 768.28, Florida Statutes, as amended. Each party agrees to be fully
responsible for the acts and omissions of its agents or employees to the extent permitted by
law.
7.9 INSURANCE
PACA agrees to require from all licensees, users, promoters, exhibitors, concessionaires, or
other persons contracting with AVENTURA (as required by their contra?ts) for use of the
Aventura Arts and Cultural Center proper insurance certificates and pther evidence of
insurance (or a self-insurance program acceptable to AVENTURA Representative),
indicating sufficient commercial general liability, automobile liability, workers' compensation,
employer's liability and umbrella excess liability insurance coverage, as may be appropriate,
and with minimum amounts as approved by AVENTURA in writing. Such required insurance
shall be furnished and kept in force at all times during the term of the applicable agreement
by all licensees, users, promoters, exhibitors, concessionaires, or other persons contracting
with AVENTURA (as required by such contracts) for use of the Aventura Arts and Cultural
14
Center. All commercial general liability and umbrella excess liability insurance policies shall
name the ''Performing Arts Center Authority" and "City of Aventura," as additional insureds
on such policies. ALL INSURANCE COMPANIES PROVIDED SHALL: Be rated at least A-
VII per Best's Key Rating Guide. All policies shall be Occurrence not Claims Made forms.
All of the policies of insurance so required to be purchased and maintained shall contain a
provision or endorsement that the coverage afforded shall not be cancelled, materially
changed or renewal refused until at least thirty (30) calendar days written notice has been
given to AVENTURA by certified mail.
AVENTURA and PACA shall provide, pay for, and maintain in force at all times during each
term of this Agreement, all required insurance designated in 7.9.1, 7.9.2, 7.9.3 and 7.9.4.
Such policy or policies shall be issued by companies allowed to do business in the State of
Florida and having agents upon whom service of process may be made in the State of
Florida. Permission is granted for either AVENTURA or PACA to self-insure workers
compensation and employer's liability or to participate in group self-insurance workers
compensation and employer's liability program. AVENTURA shall specifically protect PACA
and PACA's Board by naming the "Performing Arts Center Authority" and its directors,
officers and employees as an additional insured under the AVENTURA Commercial General
Liability Insurance policy hereinafter described, except that additional insured status shall not
apply for the acts and/or omissions of PACA, and PACA's Board, its officers, employees,
agents, contractors, subcontractors, and or volunteers. PACA shall specifically protect
AVENTURA by naming "City of AVENTURA." as an additional insured under the PACA
Commercial General Liability Insurance policy hereinafter described except that additional
insured status shall not apply for the acts and/or omissions of AVENTURA, its City
Commission, officers, employees, agents, contractors, subcontractors, and/or volunteers.
AVENTURA and PACA shall have the following insurance:
7.9.1 Workers' Compensation Insurance to apply for all employees in compliance with the
Workers' Compensation Law of the State of Florida and all applicable federal laws.
7.9.2 Employer's Liability Insurance with minimum limits of: $100,000 each accident; $100,000
each employee for disease; $500,000 disease aggregate.
7.9.3 Commercial General Liabilitv Insurance with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for bodily injury liability and property
damage liability and Two Million Dollars ($2,000,000.00) annual aggregate. Coverage must
be afforded on a form similar to the latest edition of the Commercial General Liability form, as
filed by the Insurance Services Office for use in Florida, and must include:
Premises and/or Operations Independent Contractors Products and Completed
Operations Broad Form Property Damage
15
Contractual Liability Personal Injury Cross Liability and Severability of Interest
Clause Personal and Advertising Injury Liability Coverage with Employee and
Contractual Exclusions removed with minimum limits of coverage equal to those
required for Bodily Injury Liability and Property Damage Liability.
7.9.4 PAC A shall maintain Employee Theft Insurance or a fidelity bond covering, among other
things, employee dishonesty or embezzlement. The policy or bond shall have minimum limits
of Five Hundred Thousand Dollars ($500,000.00) per occurrence.
7.9.5 Within ten (10) calendar days after the complete execution of this Agreement, each party
shall provide to the other party a Certificate of Insurance or a copy of all insurance policies
required by Section 7.9 including all subsections thereunder. All certificates and
endorsements required herein shall state that the other party shall be given thirty (30)
calendar days written notice prior to expiration or cancellation of the policy. PACA'S liability
insurance shall be primary to any liability insurance policies carried by AVENTURA. PACA
shall be responsible for all deductibles and self-insured retention's on their insurance
policies.
7.10 REPRESENTATIVE OF PACA AND AVENTURA
7.10.1
The parties recognize that questions in the day-to-day performance of the services
will arise. The Contract Administrator shall advise AVENTURA in writing of one
(1) or more of PACA's employees to whom all communications pertaining to the
day-to-day performance of the services shall be addressed.
7.10.2
Within five (5) calendar days of complete execution of this Agreement,
AVENTURA shall inform the Contract Administrator in writing of AVENTURA's
representative to whom matters involving the performances of the services shall
be addressed if such person is different from the AVENTURA's representative
listed in Article 1.
7.11 ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence,
conversations, oral agreements or understandings applicable to the matters contained
herein; and the parties agree that there are no commitments, oral agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or other agreements whether oral or written.
7.12 AMENDMENTS
It is further agreed that no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed by both
parties' authorized representatives with the same formality and of equal dignity herewith.
16
7.13 NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing,
sent by certified United States mail, return receipt requested and postage prepaid or by hand
delivery with a request for a written receipt of acknowledgment of delivery, or by a nationally
recognized overnight delivery service (e.g., Federal Express) addressed to the party for
whom it is intended at the place last specified, and the place for giving of notice shall remain
such until it shall have been changed by written notice in compliance with the provisions of
this paragraph. For the present, the parties designate the following as the respective places
for giving of notice:
FOR PAC A:
President/CEO
Attn: Kelley Shanley, President/CEO
Performing Arts Center Authority
Broward Center for the Performing Arts
201 Southwest Fifth Avenue
Fort Lauderdale, Florida 33312
FOR AVENTURA:
City Manager
Attn: Eric M. Soroka
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
Either Party may change its information by providing immediate written notice to the other
party using the notices procedures hereunder.
7.14 INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutual
intent and no rule of strict construction shall be applied against either party hereto. The
headings contained in this Agreement are for reference purposes only and shall not affect in
any way the meaning or interpretation of this Agreement. All personal pronouns used in this
Agreement shall include the other gender, and the singular shall include the plural, and vice
versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder,"
and "hereinafter" refer to this Agreement as a whole and not to any particular sentence,
paragraph, or section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to the Section
or Article as a whole, including all of the subsections of such Section, unless the reference is
made to a particular subsection or subparagraph of such Section or Article.
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7.15 INDEPENDENT CONTRACTOR
PACA is an independent contractor under this Agreement. Services provided by PACA shall
be subject to the supervision of PACA. In providing the services, PACA, its employees, or its
agents shall not be acting and shall not be deemed as acting as officers, employees, or
agents of AVENTURA. The parties expressly acknowledge that it is not their intent to create
any rights or obligations in any third person or entity under this Agreement. PACA may not
bind or otherwise obligate AVENTURA without the express prior written consent of
AVENTURA. None of the officers, directors, agents, or employees of PACA shall be or shall
be deemed to be officers, directors, agents, or employees, of AVENTURA for any purpose
whatsoever. None of the officers, directors, agents, or employees of AVENTURA shall be or
be deemed to be officers, directors, agents, or employees of PACA for any purpose
whatsoever.
By entering into this Agreement, none of the parties hereto intend to create, nor shall this
Agreement be deemed or construed as creating, any partnership, joint venture, agency or
other legal relationship between AVENTURA and/or PACA, other than that of AVENTURA as
owner of the Aventura Cultural Arts Center and PACA as independent contractor performing
services relating to the management, programming and operations support of the Aventura
Cultural Arts Center.
7.16 LIMITATION OF AUTHORITY
PACA has no power or authority to bind or otherwise obligate AVENTURA in any manner
without the prior written consent of AVENTURA, except as expressly provided for herein.
AVENTURA has no power or authority to bind or otherwise obligate PACA in any manner
without the prior written consent of PACA, except as expressly provided for herein.
7.17 THIRD PARTY BENEFICIARIES
Neither AVENTURA nor PACA intends to directly or substantially benefit a third party by this
Agreement. Therefore, the parties agree that there are no third party beneficiaries to this
Agreement and that no third party shall be entitled to assert a claim against either of them
based upon this Agreement.
7.18 CONFLICTS
AVENTURA acknowledges that PACA operates and manages other performing arts centers
which may, from time to time, be in competition with the Aventura Arts and Cultural Center.
The parties expressly acknowledge and agree that the operation and management of such
competing facility by PACA will not, in and of itself, be deemed to be a conflict of interest or
breach of PACA's duties hereunder.
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7.19 CONTINGENCY FEE
PACA warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for PACA, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual or firm, other
than a bona fide employee working solely for PACA, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of this
Agreement. For a breach or violation of this provision, AVENTURA shall, at its sole
discretion, have the right to terminate this Agreement without liability, or to increase the
Agreement price by, or otherwise recover the full amount of~ such fee, commission,
percentage, gift or consideration.
7.20 WAIVER OF BREACH AND MATERIALITY
Failure by PACA or AVENTURA to enforce any provision of this Agreement shall not be
deemed a waiver of such provision or modification of this Agreement. A waiver of any
breach of a provision of this Agreement shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this Agreement.
PACA and AVENTURA agree that each requirement, duty, and obligation set forth herein is
substantial and important to the formation of this Agreement and, therefore, is a material
term hereof.
7.21 COMPLIANCE WITH LAWS
PACA and AVENTURA agree that each of them shall comply with all federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations related to this Agreement.
PACA shall not be liable for any violation, or non-observance of, or noncompliance with, any
of the aforementioned laws, ordinances, orders, directives, rules, or regulations by any
tenant, concessionaire, or other persons at the Aventura Arts and Cultural Center during any
term of this Agreement, except those engaged by PACA, or PACA's sub consultants, in
connection with PACA's performance of services or its other obligations under this
Agreement. AVENTURA shall not be liable for any violation, or non-observance of, or non-
compliance with any of the aforementioned laws, ordinances, orders, directories, rules or
regulations by PACA, its agents, employees or contractors.
AVENTURA shall be responsible for acquiring any and all ownership and title to all
intellectual property rights of whatsoever value, which shall be held in AVENTURA's name
and which shall remain in the name of A VENTURA throughout each term of this Agreement.
7.22 SEVERANCE
In the event any provisions of this Agreement are found by a court of competent jurisdiction
19
to be invalid or unenforceable, the remaining provisions shall continue to be effective to the
maximum extent permitted by Florida law, unless AVENTURA (through its City Manager) or
PACA (through PACA's Board or PACA's President/CEO) elects to terminate this
Agreement. An election to terminate this Agreement based upon this provision shall be made
within seven (7) calendar days after the finding by the court becomes final.
7.23 JOINT PREPARATION
Preparation of this Agreement including any amendment(s) thereto have been a joint effort of
PACA and AVENTURA, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than any other.
7.24 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any term, statement, requirement, or provision
of any exhibit attached hereto, any document or events referred to herein, or any document
incorporated into this Agreement by reference and a term, statement, requirement, or
provision of this Agreement, the term, statement, requirement, or provision contained in this
Agreement shall prevail and be given effect.
7.25 JURISDICTION. VENUE. WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the state of Florida. All parties agree and accept that jurisdiction of any controversies
or legal problems arising out of this Agreement, and any action involving the enforcement or
interpretation of any rights hereunder, shall be in the state courts of the Eleventh Judicial
Circuit in Miami-Dade County, Florida or the Seventeenth Judicial Circuit in Broward County,
Florida, and venue for litigation arising out of this Agreement shall be in such state courts,
forsaking any other jurisdiction which either party may claim by virtue of its residency or other
jurisdictional device. By entering into this Agreement, AVENTURA and PACA hereby
expressly waive any rights either party may have to a trial by jury in any civil litigation which
is in any way related to this Agreement.
7.26 DELEGATION OF AUTHORITY
(a) PACA (and/or PACA's President/CEO) and AVENTURA (and/or AVENTURA
Representative) may delegate in writing their responsibilities under this Agreement to one or
more authorized person(s) employed or retained by AVENTURA or PACA.
(b) PACA delegates to PACA's President/CEO and AVENTURA delegates to the City
Manager/AVENTURA representative the authority to amend or revise the Licensing
Agreement with the written approval of each party to this Master Agreement.
7.27 INCORPORATION BY REFERENCE The "Whereas" clauses are incorporated into and
made a part of this Agreement.
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7.28 COUNTERPARTS
This Agreement may be executed in three (3) counterparts or more, each of which shall be
deemed to be an original.
7.29 EFFECTIVE DATE
The effective date of the parties' original Agreement shall be the date of complete execution
by the parties.
[THIS SPACE INTENTIONALLY LEFT BLANK]
21
IN WITNESS WHEREOF, the parties hereto have made and executed this AGREEMENT on
the respective dates under each signature: PERFORMING ARTS CENTER AUTHORITY, signing
by and through its Chair or Vice Chair, authorized to execute same by Board action on the
day of ,20_, and CITY OF AVENTURA, signing by and through its City Manager,
duly authorized to execute same.
PACA
PERFORMING ARTS CENTER AUTHORITY, an
independent special district and a public body politic and
corporate
ATTEST:
By
PACA's Board Secretary Chair
(SEAL)
Day of
,20
Approved as to form by PACA's General Counsel,
County Attorney, Broward County Attorney's Office, in
the City of Fort Lauderdale Broward County, Florida
By
Andrea S. Froome (Date)
Assistant County Attorney
22
AGREEMENT BElWEEN PERFORMING ARTS CENTER AUTHORITY AND CITY OF
AVENTURA FOR STARTUP SERVICES, MANAGEMENT, PROGRAMMING AND OPERATIONAL
SUPPORT SERVICES FOR THE AVENTURA ARTS AND CULTURAL CENTER SERVICES
AVENTURA
CITY OF AVENTURA, a municipality in the
State of Florida
By
Eric M. Soroka, City Manager
_ Day of
,20
ATTEST:
City Clerk
APPROVED AS TO FORM:
By
Weiss Serota Helfman Pastoriza Cole & Boniske,
P.A.
City Attorney
(SEAL)
23
Exhibit A
Start Up Services - PACA
February 2009 to March 2010
Phase I
Strategic Planning and Guidance
. Review AMS business plan in context of current environment
. Conduct key informant interviews with advisory board members and user groups identified by
COA
. Provide advice and guidance to the City of Aventura (COA) on matters relating to the
operation and management of the Aventura ACC
. Develop performance measures, key intended outcomes and related criteria.
. Advise on fee structure, types of use, and related implications.
. Prepare recommended staffing structure and timeline for hiring
Phase 2
Staffing and Human Resources
PACA will provide management and supervision of all staff and services necessary for the successful
operation of the Aventura PAC. These functions include:
General Management and Administration
Event Services
Production and Technical Services
Ticketing Services
Programming
Specific staff requirements, contract service requirements, and related funding to be determined
during pre-opening phase. For all required staff positions determined during this phase, PACA
will:
. Provide job descriptions and recommended salary ranges
. Conduct search and selection process.
. Provide Aventura MC (Arts & Cultural Center) employees on the job training at the Broward
Center and other affiliated venues.
. Provide guidelines and recommend options for volunteer program
. Establish employee evaluation criteria and performance measures
. Recruit and train volunteer staff
Operations
. Review plans and advise as a facility operator on potential design and construction issues
which could impact ongoing operational efficiencies and procedures.
. Provide suggested guidelines for daily operations, Le.- hours of operation, energy
24
management, event staff reporting times/duties, emergency procedures, building security,
deliveries, and parking.
. Develop policies and procedures for communicating facility services needs with appropriate
responsible parties.
Event Services
. Establish rental guidelines and fee structure for the use of the Aventura ACC
. Prepare standard rental agreement.
. Advise Aventura ACC on concessions options.
. Evaluate and recommend scheduling software options.
Programming
. Develop recommended programming mix that recognizes the role of programming in
achieving the outcomes listed above.
. Provide City Manager with a summary of programming options and the related economic
models.
. Book performances and events on behalf of COA for grand opening and other desired
programming.
. Develop related budget and possible scenarios for achieving recommended mix by utilizing
rental activity, co-promotion and self-presentation.
. Work with City Staff to determine potential demand for arts education programs and summer
arts camp.
Marketing
. Provide guidance on logo development and general communications/positioning strategy for
AACC.
. Provide guidance on website development and launch.
. Develop templates with respect to event marketing.
. The Aventura Arts & Cultural Center's (AACC) web site link will be featured as an affiliated
venue on the Broward Center, Parker Playhouse and Miniaci Performing Arts Center web
sites in the Tickets and Events sections.
. Ticketed events at the Aventura Arts & Cultural Center will be included in the Broward
Center's monthly calendar of events which shall be e-mailed to the Broward Center
database.
Finance and Accounting
. Provide COA staff with an overview of industry related accounting practices and guidelines.
. Assist COA staff with the development of accounting policies and procedures for the
Aventura PAC operating budget and event accounting.
. Prepare and recommend operating and programming budgets for the Aventura ACC.
. Design procedures to provide for the budgeting and accounting for events that are funded by
COA and facilitated by PACA.
Production and Technical Services
. Advise on the specifications and acquisition of sound, lighting and technical equipment for
25
the Aventura ACC.
. Oversee and advise on preparation of Technical specifications package
. Ticketing Services PAC A will provide Ticketing Services subject to the Ticketing Fee
Structure schedule attached. These services include:
. Ticketing software and setup for ACC.
. Telephone sales services
. Internet ticketing fully integrated with the ACC's website
. Group sales services
. Guidelines and structure for onsite ticket sales (COA to provide related equipment,
computer hardware and on-site staff)
. Guidelines and procedures for the operation of the on-site box office.
26
Exhibit B
Post Start-Up Services
Strategic Planning and Guidance
. Provide continued general guidance on the marketing and operation of the Aventura
PAC.
. Update performance measures, key intended outcomes and related criteria based on
changes in overall goals of the COA and changing conditions.
Staffing and Human Resources
. Manage and supervise all staff and volunteers of the Aventura ACC.
. Provide ongoing guidance on staffing structure, job descriptions and recommended
pay ranges as needed.
. Assist with search and selection process.
. Provide Aventura PAC employees on the job training at the Broward Center and
affiliated venues.
. Advise on employee evaluation criteria and performance measures
Operations
. Provide ongoing guidance related to daily operations, ie.- hours of operation, energy
management, event staff reporting times/duties, emergency procedures, building
security, deliveries, and parking.
Event Services
. Provide complete event services to users of the Aventura PAC.
. Provide leads and referrals for rental activity.
. Ongoing guidance on scheduling conflicts and priorities.
Programming
. Ongoing guidance regarding programming strategy and the role of programming in
achieving the outcomes listed above.
. Book performances on behalf of COA as needed.
. Update budget and possible scenarios for achieving recommended mix by utilizing
rental activity, co-promotion and self-presentation
. Shall survey patrons of the AACC to provide feedback on the performances and
events held at the AACC for evaluation purposes and provide results to COA..
Finance and Accounting
. Provide all event accounting services.
Education and Community Relations Programs
. Identify opportunities for community engagement, with specific emphasis on
education.
. Advise on and coordinate educational and community relations programs.
27
Production and Technical Services
. Provide ongoing guidance on issues related to Technical Production
Ticketing Services
. Telephone sales services
. Internet ticketing fully integrated with the Aventura PAC website
. Group sales services
. Oversee onsite tickets sales (COA to provide related equipment, computer hardware
and on-site staff.)
. Provide ongoing guidance on issues related to Box Office operations
Marketing
. The Aventura Arts & Cultural Center's (AACC) web site link will be featured as an
affiliated venue on the Broward Center, Parker Playhouse and Miniaci Performing
Arts Center web sites in the Tickets and Events sections.
. Ticketed events at the Aventura Arts & Cultural Center will be included in the Broward
Center's monthly calendar of events which shall be e-mailed to the Broward Center
database.
28
Exhibit C
Aventura Arts and Cultural Center
Ticketing Fee Schedule (01-16-09)
Client/User**
AACC Box Office Fee
Credit Card Transaction Fee
Group Sales
Ticket Printing Fee (comps & consignment per ticket)
Ticket Master Fee*
Comn'lercial
3.50%
4.00%
10.00%
$0.50
3.50%
Profit
2.50%
4.00%
10.00%
$0.25
3.50%
Client/User fees will be deducted at settlement.
FL Sales Tax, as applicable, is included in the face value of the ticket and will be deducted from
settlement proceeds.
* Subject to Ticket Master fee changes.
** Unless indicated by AACC, all ticketing fees are
retained by PACA.
Ticket Purchaser**
Processing Fees
Phone & Web
Phone & Web (per order)
Walk-Up (per ticket)
Groups (per ticket)
Select Subscription Series (per order)
Entourage (per order)
10.50%
$2.00
$1.00
$1.00
$7.00
$7.00
7.50%
$2.00
$1.00
$1.00
$7.00
$7.00
12.50%
$2.00
$1.00
$1.00
$7.00
$7.00
Ticket Purchaser processing fees will be added to face
value of the ticket.
FL Sales Tax, as applicable, is included in the face value of the ticket and will be deducted from
settlement proceeds.
** Unless indicated by AACC, all ticketing fees are retained by PACA.
Non-profit groups who utilize their subscription base to distribute tickets will only be responsible for the ticket
printing fee.
29
AGENDA ITEM 5-F
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Community Services
Advisory Board for a term of one year:
Amit Bloom
Ruthe Cohen
Jonathan P. Evans
Julie R. Israel
Gary Pyott
Melvin I. Taks
Michael Yavner
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-_
Page 2
PASSED AND ADOPTED this 3rd day of February, 2009.
.. .. .. .. .. .. ..
.. .. .. " .. .. or ..
.. .. .. .. .. .. ..
- .. .. .. .. .. .. ..
SUSAN GOTTLIEB, MAYOR
~
... .. .. .. .. ... ..
.. .. .. .. .."It .. It.
....................
.. .. .. .. .. .. .
.. . .. .. .. .. .. ..
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED ~ TO LEcrL SUF~ICI;NCY:
M 1/1/V\_~h
CITY ATTORNEY
/tms
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
BY: Robert M. Sherman, Director
DATE: January 28, 2009
SUBJECT: Bid No. 09-01-9-2: Municipal Transit Services
February 3rd, 2009 City Commission Meeting Agenda Item ~
Recommendation:
The City Commission adopt a Resolution awarding Bid No. 09-01-9-2, Municipal Transit
Services to the lowest responsible and responsive bidder, Limousines of South Florida,
Inc. for the annual price of $684,710.64.
Backaround:
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on January 9, 2009. All contract specifications were reviewed
and approved by the City Attorney prior to advertising. This bid was advertised in local
newspapers and via Demand Star, an online service. Two (2) qualified bidders
responded: Limousines of South Florida, Inc. (the City's current transit contractor) and
American Coach Lines of Miami, Inc., with Limousines of Florida, Inc. submitting the
lowest responsive and responsible bid.
The bid specifications provides for public transit services for five (5) shuttle bus routes
per day, operating six days per week, Monday through Saturday, starting at 7:45 AM for
four (4) routes, and ending at approximately 6:30 PM on weekdays. On Saturday
evenings, service includes two (2) shuttle buses running until 9 PM.
A brief analysis is as follows:
Aventura Express Shuttle fixed route service
Alternative Fuel Option
Automated Vehicle Locating System Option
Hourly rate per shuttle bus
32 passenger bus for senior trips
Additional service for special events
$679,010.64
$ 3,200.00
$ 2,500.00
$44.66 per hour
$55.00 per hour
$40.00 per hour
City Commission
January 28, 2009
Page Two
Continuing the City's Go Green initiative, an option was included in the bid
specifications for alternative fuel vehicles. Limousines of South Florida, Inc. will provide
B5 fuel, which is a 5% biodiesel fuel blend (using plant oils, animal fats and recycled
cooking oils) with Ultra Low Sulfur Diesel fuel. This fuel will produce lower emissions
and use recycled fuel sources.
As part of the City's efforts to provide better customer service, an automated vehicle
locator system is included to track the buses on a real time basis. This will provide real
time information as to the location of each bus, and if it is conforming to the schedule
and route. This is accomplished using GPS hardware and web based software.
The base bid represents a 1.5% annual increase over the current contract. The overall
bid (including the alternative fuel and automated vehicle locating system options)
equals a 2.4% annual increase over the current contract.
The bid award is for a three (3) year term, and provides for one additional three (3) year
extension. The bid specifications also require that new shuttle buses be provided at the
start of the contract, and new buses shall be purchased every three (3) years or at
85,000 miles per bus, whichever occurs first. All buses shall conform to ADA standards
and all drivers shall complete ADA compliance and customer service training. The
vendor shall also supply the City with radios so we can communicate directly with
dispatch and drivers, if necessary.
Our transit consultant, Joel Volinski, Director of the Center for Urban Transportation
Research (CUTR) located at the University of South Florida, has reviewed the bids and
has recommended that the City award the bid to the lowest responsible and responsive
bidder, Limousines of South Florida, Inc.
The results of the review of the current Shuttle Bus service system and passenger
survey will be discussed at the February Commission Workshop Meeting.
If more information is needed, or if there are additional questions, please contact the
City Manager's office.
RMS/gf
Attachments
RMS09010
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 09-01-9-2, MUNICIPAL TRANSIT SERVICES, TO
LIMOUSINES OF SOUTH FLORIDA, INC. AT THE BID PRICE OF
$684,710.64 AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly solicited and accordingly
accepted bids for BID NO. 09-01-9-2, Municipal Transit Services; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the projectlwork as cited above; and
WHEREAS, staff has determined that limousines of South Florida, Inc. has
submitted the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 09-01-9-2, Municipal Transit
Services, is hereby awarded to limousines of South Florida, Inc. in the amount of
$684,710.64.
Section 2: That the City Manager is hereby authorized to execute, on behalf of
Resolution No. 2009-
Page 2
the City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item No. 001-5001-539-3455 and Transportation and Street
Maintenance Fund Line Item No. 120-5001-541-3455.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
, who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stem
Commissioner Luz Urbaez-Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
Resolution No. 2009-
Page 3
PASSED AND ADOPTED this 3rd day of February, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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From:
Sent:
To:
Subject:
Volinski, Joel [volinski@cutr.usf.edu]
Thursday, January 15, 2009 4:50 PM
Robert Sherman
RE: Bid results
Based upon my review of both bid packages that were submitted to the City of Aventura to provide
local transit circulator services, I would recommend that the City award the bid to Limousines of South
Florida. They have responded to every request for service that the City is interested in, and their
price for each type of service is clearly lower than that of the other bidder, American Coach. The
equipment being proposed by Limousines of South Florida meets the specifications of the City, and
they have extensive experience in providing the service in Aventura, making them totally prepared to
provide the service whenever the City chooses to start the new contract.
The proposal to provide real-time Automated Vehicle Location information to the City, which is an
option within the contract, is being made available at a reasonable cost, and should provide both the
City and the company with valuable information that allows for ongoing monitoring of schedule
adherence of the company's vehicles while in service.
I would further say that based on my surveying of passengers from December 18 - 27,2008, the
passengers are very pleased with the service that Limousines of South Florida is providing. While
data is still being entered from the 350+ surveys collected, I am very confident that the on a scale of 1
to 5, with one being "poor", and 5 being "very good", the passengers overall ratings for the service will
be approximately 4.5. Passengers have been particularly complimentary of the drivers of the
vehicles. I found the drivers to be very mindful of the needs of the passengers, and worked well
together to try and accommodate transferring passengers whenever possible.
I have no hesitation in recommending that the City award the contract to Limousines of South
Florida. The City should seek clarification on the seat covers that will be ordered for the new buses
that the company will purchase with the award of the contract. The seats should not feature cloth, but
rather have some sort of vinyl or other cover that is easily cleaned. I would also encourage the City
to discuss the possibility of the company purchasing a single automated passenger counter set that
could be moved from one bus to another. In this fashion, the cost could be decreased considerably,
and provide the City with statistically reliable and ongoing data of passenger activity at all stops at
any time of the day.
From: Robert Sherman [mailto:ShermanR@cityofaventura.com]
Sent: Tuesday, January 13, 20094:27 PM
To: Volinski, Joel
Subject: Bid results
Two bids were received: Summary as follows:
Limousines of South FL
$44.66 per hour for shuttle bus
$55.00 per hour for 32 passenger bus for senior programs
$40 per hour for additional cost of mini bus for special events.
1
SECTION 2
CITY OF AVENTURA
INVITATION FOR BIDS FOR
MUNICIPAL TRANSIT SERVICE
BID # 09-01-9-2
GENERAL CONDITIONS
2.1: PURPOSE OF BID:
The City of Aventura intends to secure a source of supply(s) of the service needed at
the most responsive and responsible price. The City reserves the right to award the bid
considered to best serve the City's interests.
2.1.1 Any questions concerning the bid specifications or any required need for
clarification should be made by 5 PM on Monday January 5, 2009. No
plea of ignorance or delay or required need of additional information shall
exempt a bidder from submitting his bid on the required date and time of
day as publicly noted.
2.1.2 Bidder warrants that the prices, terms and conditions quoted in the bid
will be firm for a period of one hundred twenty (120) days from the date
of the bid opening unless otherwise stated by the bidder. Incomplete,
unresponsive, irresponsible, vague, ambiguous responses to the Invitation
for Bids will be just cause for rejection as determined by the City.
2.1.3 In the event of any conflicts between provisions contained in the General
Conditions (Section 2 of 2.1 through 2.30) and Special Conditions (Section
3 of 3.1 through 3.20), the provisions contained in the Special Conditions
shall govern.
2.2: SUBMISSION OF BIDS
2.2.1: Bidders must use the bid formes) furnished by the City. Failure to do so
may cause the bid to be rejected. Removal of any part of the bid may
invalidate the bid.
2.2.2: Bids having an erasure or corrections must be initialed by the bidder in
ink. Bids shall be signed in ink. All quotations shall be typewritten or
filled in with ink.
2.3: GUARANTIES:
13
No guarantee or warranty is given or implied by the City as to the total amount of
services that mayor may not be purchased from any resulting contract or award.
These quantities are for bid purposes only and will be used for tabulation and
presentation of the bid. The City reserves the rights to reasonably increase or decrease
quantities as required.
2.4: DELIVERY:
All items shall be delivered F.G.B. destination (Le. at a specific City of Aventura
address), and delivery costs and charges (if any) will be included in the bid price.
Exceptions should be noted. When practical, the City may make pick-ups at the
vendor's place of business.
2.5: MISTAKES:
If there is a discrepancy in the unit and extended prices, the unit price(s) will prevail
and the extensions adjusted to coincide. Bidders are responsible for checking their
calculations. Failure to do so will be at the bidder's risk and errors will not release the
bidder from his responsibility as noted herein.
2.6: BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade name, trade name, or
vendor catalog is mentioned whether or not followed by the words "approved equal" it
is for the purpose of establishing a grade or quality of material only. Vendor may offer
equals with appropriate identification, samples and/or specifications on such item(s).
The City shall be the sole judge concerning the merits of items proposed as equals.
2.6.1: Provision of written indication of intent to quote an alternative brand or
model number, or designation of objective of the bid will be considered
as a quotation in compliance with the specifications as listed, at the
discretion of the city, which would best serve the City's interest.
2.7: MATERIAL:
Acceptance of any materials delivered under this bid shall remain the property of the
seller until accepted to the satisfaction of the City. In the event materials supplied to
the City are found to be defective or do not conform to specifications, the City reserves
the right to return the product(s) to the seller at the sellers expense.
2.8: PRICING:
Prices should be stated in units of quantity specified in the bid specifications. In case of
a discrepancy, the city reserves the right to make the final determination at the lower
net cost to the City.
14
2.9: TAXES:
Bidders should not include taxes in bid prices.
2.10: SAFETY STANDARDS:
The BIDDER warrants that the product(s) supplied to the City conforms in all respects
to the standards set forth in the occupational safety and health act and its
amendments. Bids must be accompanied by materials data safety sheets (M.D.S.S.)
when applicable.
2.11: PAYMENTS:
Payment will be made after commodities/services have been received accepted, and
properly invoiced as indicated in the contract and/or purchase order. Invoices must
bear the purchase order number.
2.12: LIABITILITY, INSURANCE, LICENSES & PERMITS:
Where bidders are required to enter onto City of Aventura property or public right of
way to deliver materials or to perform work or services as a result of a bid award, the
bidder will assume the full duty, obligation, and expense of obtaining all necessary
licenses, permits, inspections, and insurance required. The bidder shall be liable for any
damages or loss to the city occasioned by negligence of the bidder (or his agent) or any
person the bidder has designated in the completion of this contract as a result of the
bid. Contractor shall be required to furnish a certified copy of all licenses, certificates of
competency or other licensure requirements necessary to perform services hereunder
as required by Florida State Statute, Florida Building Code, Miami-Dade County, or City
of Aventura Code, if any. These documents shall be furnished to the City along with
the bid response. Failure to furnish these documents or to have required licensure will
be grounds for rejecting the bid and forfeiture of the bid bond.
2.12.1 The vendor shall furnish to the Finance Department Director, City of
Aventura, 19200 Country Club Drive, Aventura, FL 33180, certificate(s)
of insurance which indicate that insurance coverages comply with
Section 3 of 3.16 under Special Conditions of this bid.
2.13: COUNTY LICENSE:
Successful Contractor must obtain a MIAMI-DADE County License for the operation of a
Passenger Motor Carrier prior to beginning services under any contract awarded.
2.14: COMPLIANCE WITH LAW:
Bidder shall conduct its operations in compliance with all applicable federal, state,
county and local laws; in providing any services hereunder.
15
2.15: ASSIGNMENT:
The contractor shall not transfer or assign the performance required by this bid without
prior written consent of the City of Aventura. Any award issued pursuant to this bid
invitation and monies which may be payable by City are not assignable except with
prior written approval of the City of Aventura.
2.16: AWARD OF BIDS:
The City of Aventura reserves the right to accept or reject any and/or all bids or parts of
bids, to workshop or negotiate any and all bids, to waive irregularities, and to request
re-bids on the required materials or services. The City also reserves the right to award
the contract on a split order basis, group by group or item by item, or such combination
as will best serve the interests of the City unless otherwise stated. The City also
reserves the right to waive minor variations to the specifications (interpretation of such
to be made by the applicable department personnel). Final determination and award of
bides) shall be made by the City Commission. The successful bidder shall execute a
contract for municipal transit service in a form of contract which is approved by the City
Attorney for form and legal sufficiency.
2.17: EVALUATION OF BIDS:
The City, at its discretion, reserves the right to inspect any/all BIDDERS facilities to
determine their capability of meeting the City's needs.
2.18: IDENTICAL (TIE BIDS):
Shall be awarded by the City in compliance with Florida Statutes providing for a drug
free workplace and also the City of Aventura Ordinance: #96-07 (City Code Sec. 2-255),
that is, in the event of an identical tie bid, a preference shall be given to a business
having a drug free workplace under Florida Statute 287.087, as amended. Failure to
provide proof of compliance when requested shall be just cause for rejection of the bid
as determined by the City, and result in the bidder holding the City harmless for such
rejection.
2.19: PREFERENCE TO LOCAL BUSINESSES:
Pursuant to Section 1, (G), of Ordinance No. 96-07 (City Code Sec. 2-257), "businesses
located within the (corporate limits) of the City of Aventura...shall receive a preference
bonus of 10% or 10 points during the tabulations of bids".
2.20: HOLD HARMLESS:
ALL BIDDERS shall hold the City, it's officials and employees harmless and covenant not
to sue the City, it's officials and employees for their decision to reject, award or not
16
award a bid, as applicable.
2.21: CANCELLATION:
Failure on the part of the vendor to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation
of the award, with the vendor holding the City harmless.
2.22: DISPUTES:
If any dispute concerning a question of fact arises under this contract, other than
termination for default or convenience, the contractor and the city department
responsible for the administration of the contract shall make a good faith effort to
resolve the dispute. If the dispute cannot re resolved by agreement, then the
department with the advice of the City Attorney, shall resolve the dispute and send a
written copy of its decision to the contractor, which shall be binding on both parties.
2.23: NONCONFORMANCE TO CONTRACT:
The City of Aventura may withhold acceptance of, or reject items of services which are
found upon examination, not to meet the specification requirements. Upon written
notification of rejection, items shall be removed within five (5) calendar days by the
vendor at vendor's expense and redelivered at vendor's expense. Rejected goods left
longer than thirty (30) calendar days will be regarded as abandoned and the City shall
have the right to provide services conforming to specifications, or failure to meet
delivery schedules may result in the contractor being found in default.
2.24: DEFAULT PROVISION:
In Case of default by the BIDDER or contractor, the City of Aventura may cancel the
service agreements, procure the articles or services from other sources and hold the
BIDDER or contractor responsible for any excess costs occasioned or incurred thereby.
2.25: INDEMNIFICATION:
The Contractor shall indemnify, save harmless, and defend the City of Aventura, it's
officers, agents and employees against any claims, demands or causes of action of
whatsoever kind or nature arising out of error, omission, negligent act, conduct or
misconduct of the contractor, his agents, servants or employees in the provision of
goods or the performance of services pursuant to this bid and/or from any procurement
decision of the City including without limitation, awarding the contract to the contractor.
2.26: SECONDARY IOTHER VENDORS:
The City reserves the right in the event the primary vendor cannot provide an item(s) or
service(s) in a timely manner as requested, to seek and obtain other sources without
17
thereby violating the intent of the contract.
2.27: BID PROTEST PROCEDURE:
Bid protests are governed by See. 2-259 of the Aventura City Code.
2.28: CITY'S RIGHTS RESERVED:
The City of Aventura reserves the right to reject all bids or to reject any bid not
conforming to this Document, and to waive any irregularity or informality with respect
to any bid. The City further reserves the right to request clarification of information
submitted and to request additional information from one or more bidders. The City
may also negotiate modification to bids deemed to be in the best interest of the City.
2.29: CONE OF SILENCE PROVISION:
A. Notwithstanding any other provision of these specifications, the provisions of
City Code Sec. 2-260 (Ordinance 2002-12) "Cone of Silence" are applicable to
this transaction. The "Cone of Silence, II as used herein, means a prohibition
on any communication regarding a particular Request for Proposal ("RFP"),
Request for Qualification ("RFQ") or bid, between:
1. A potential vendor, service provider, proposer, bidder, lobbyist, or
consultant, and:
2. The City Commission, City's professional staff including, but not
limited to, the City Manager and his or her staff, any member of the
City's selection or evaluation committee.
B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid after the
advertisement of said RFP, RFQ or bid.
C. The Cone of Silence shall terminate at the beginning of the City Commission
meeting at which the City Manager makes his or her written recommendation
to the City Commission. However, if the City Commission refers the
Manager's recommendation back to the Manager or staff for further review,
the Cone of Silence shall be re-imposed until such time as the Manager
makes a subsequent written recommendation.
D. The Cone of Silence shall not apply to:
(1) Oral communications at pre-bid conferences;
(2) Oral presentations before selection or evaluation
committees;
(3) Public presentations made to the City Commissioners during
any duly noticed public meeting;
18
(4) Communications in writing at any time with any City
employee, unless specifically prohibited by the applicable
RFP, RFQ or bid documents. The bidder or proposer shall
file a copy of any written communication with the City Clerk.
The City Clerk shall make copies available to any person
upon request;
(5) Communications regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP, RFQ or
bid, provided the communication is limited strictly to matters
of process or procedure already contained in the
corresponding solicitation document;
(6) Communications with the City Attorney and his or her staff;
(7) Duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City Manager
makes his or her written recommendation;
(8) Any emergency procurement of goods or services pursuant
to City Code;
(9) Responses to the City's request for clarification or additional
information;
(10) Contract negotiations during any duly noticed public
meeting;
(11) Communications to enable City staff to seek and obtain
industry comment or perform market research, provided all
communications related thereto between a potential vendor,
service provider, proposer, bidder, lobbyist, or consultant
and any member of the City's professional staff including,
but not limited to, the City Manager and his or her staff are
in writing or are made at a duly noticed public meeting.
E. Please contact the City Attorney for any questions concerning Cone of Silence
compliance.
F. Violation of the Cone of Silence by a particular bidder or proposer shall render
any RFP award, RFQ award or bid award to said bidder or proposer voidable
by the City Commission and/or City Manager.
2.30: CAMPAIGN FINANCE RESTRICTIONS ON VENDORS
Sec. 2-420. Prohibited campaign contributions by vendors. Pursuant to Ordinance
2005-14; City Code Section 2-420, vendors of the City are prohibited from in any way
providing campaign contributions to City Commission candidates.
19
(a) Genera~ prohibition disqualification, definitions.
(1)
a. No vendor shall give, solicit for, deliver or provide a campaign contribution
directly or indirectly to a candidate, or to the campaign committee of a
candidate, for the Offices of Mayor or Commissioner. Commencing on the
effective date of this article, all proposed City contracts, as well as
requests for proposals (RFP), requests for qualifications (RFQ), requests
for letters of interest (RFLI), or solicitations of bids issued by the City,
shall incorporate notice of this section so as to notify potential vendors of
the proscription embodied herein.
b. No candidate or campaign committee of a candidate for the Offices of
Mayor or Commissioner, shall deposit into such candidate's campaign
account any campaign contribution which is received directly or indirectly
from a vendor or which such candidate or campaign committee knows or
should know was solicited by or for a vendor or delivered or provided for a
vendor. Candidates (or those acting on their behalf) shall ensure
compliance with this code section by confirming through examination of
the official vendor list which is posted on the City of Aventura website to
verify the vendor status of any potential contributor. A candidate or the
campaign committee of a candidate shall not be in violation of this
subsection if the vendor way not listed as a vendor in the City website at
the time that the contribution was received or deposited so long as the
candidate or the campaign committee of a candidate did not know that
the person or entity was a vendor of the City.
(2) Each prohibited act of giving, soliciting for, delivering or providing a campaign
contribution or depositing a campaign contribution in violation of this section
shall constitute a separate violation. All contributions deposited into a
candidate's campaign account in violation of this section shall be forfeited to
the City's General Revenue Fund.
(3)
a. A person or entity, other than a then existing vendor, who directly or
indirectly makes a campaign contribution to a candidate who is elected to
the office of Mayor or Commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from
serving as a vendor with the City. A then existing vendor who directly or
indirectly makes a contribution to a candidate who is elected to the Office
of Mayor or Commissioner, shall be disqualified from serving as a vendor
with the City for a period of 12 months from a final finding of a violation
of this section, or from the time of action on a waiver request by the City
Commission pursuant to subsection (b) below, in the event that a waiver
is sought by the vendor. In the event that such waiver request for a
particular transaction is granted, the affected vendor shall nonetheless be
disqualified from serving as a vendor with the City as to any other goods,
20
equipment or services to be provided by the vendor to the City, beyond
the vendor goods, equipment or services which are the subject matter of
any waiver which is granted. In the event such waiver request is denied
for a particular transaction the 12-month disqualification period shall
continue to apply to both the particular transaction for which the waiver
was sought, as well as all other vendor activities for the provision of
goods, equipment or services to the City during that 12-month period.
b. For purposes of this section, the term "disqualified" shall be defined to
include:
1. Termination of a contributorjvendor's existing contracts with the
City, subject to the applicable waiver provisions of subsection (b)
herein; and
2. Disqualification of a contributor's response to solicitation requests
for prospective vendor contracts with the City, subject to the
applicable waiver of subsection (b) herein.
(4) As used in this section:
a. Vendor.
1. A "Vendor" is a person and/or entity who has been selected by the
City as the successful bidder on a present or pending bid to provide
to the City goods, equipment or services, or has been approved by
the City of a present or pending award to provide to the City
goods, equipment or services, prior to, upon or following execution
of a contract, or purchase order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term
"controlling financial interest" shall mean the ownership, directly or
indirectly, of ten percent (10%) or more of the outstanding capital
stock in any corporation or a direct or indirect interest of ten
percent (10%) or more in a firm. The term "firm" shall mean a
corporation, partnership, business trust or any legal entity other
than a natural person.
3. "Vendor" shall not include City officers or employees.
4. For purposes of this section, "Vendor" status shall terminate upon
completion of performance of the agreement for the provision of
goods, equipment or service.
a. Services.
For purposes of this section, the term
21
"services" shall mean the rendering by a vendor through
competitive bidding or otherwise, of labor, professional
and/or consulting services to the City, including, but not
limited to, the provision of lobbying services to the City.
b. Campaign contributions. The term "campaign contribution"
shall have the meaning which is ascribed to the term
"contributions" pursuant to F.S. 9 106.011, as amended.
(b) Waiver of prohibition.
(1) Criteria for waiver. The requirements of this section may be
waived by the affirmative vote of five (5) members of the City
Commission for a particular transaction after a public hearing, upon
finding that:
a. The goods, equipment or services to be involved in the
proposed transaction are unique and the City cannot avail
itself of such goods, equipment or services without entering
into a transaction which would violate this section but for
waiver of its requirements; or
b. The business entity involved in the proposed transaction is
the sole source of supply as determined by the City Manager
in accordance with procedures established by the City
Manager; or
c. An emergency contract (as authorized by subsection 2-
253(5) of this Code) must be made in order to protect the
health, safety or welfare of the citizens of the City; or
d. A contract for the provision of goods, equipment or services
exists which, if terminated by the City would be substantially
adverse to the best economic interests of the City.
(2) Limited waiver. Notwithstanding the denial of the City
Commission of a waiver request regarding the provision of goods,
equipment or services under an existing contract pursuant to
subsection (b)a. above, the City Commission, may by the
affirmative vote of five (5) members of the City Commission after a
public hearing, grant a limited waiver concerning an existing
contract for the provision of goods, equipment or services between
a vendor and the City upon finding that in order to protect the
health, safety and welfare of the citizens of the City, it is necessary
that the affected contract be continued for a limited duration (not
to exceed a period of six [6] months) in order for the City to obtain
22
a replacement vendor.
(3) Fu// disclosure. Any grant of a waiver or limited waiver by the
City Commission must first be supported with a full disclosure of
the subject campaign contribution.
(c) Imp/ementation. The City Manager is authorized to adopt additional
procurement procedures for goods, equipment or services to implement
this section. These procedures shall provide for the assembly,
maintenance and posting of an official City vendor list as referenced
above.
(d) Penalty. The Ethics Commission created pursuant to Miami-Dade
County Ordinance 97-105, shall have primary jurisdiction for enforcement
of this section. A finding by the Ethics Commission that a person violated
this section, shall subject such person to an admonition or public
reprimand and/or a fine of $250.00 for the first violation, and $500.00 for
each subsequent violation.
(e) App/icability. This section shall be applied only prospectively to campaign
contributions which are made after the date of this section.
(Ord. No. 2005-14, 9 3, 10-11-05)
2.31: PUBLIC ENTITY CRIME/DISOUALIFICATION
Pursuant to Section 287.133(3)(a), Florida Statute all proposers are advised as follows:
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity and may not transact
business with any public entity in excess of the threshold amount provided in s.287.017
for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
2.32: CONFLICTS OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112,
Florida State Statutes. BIDDER's must disclose with their Bids, the name of any officer,
director, partner, associate or agent who is also an officer or employee of the City of
Aventura or its agencies.
END OF SECTION 2
23
SECTION 3
CITY OF AVENTURA
INVITATION FOR BIDS FOR
MUNICIPAL TRANSIT SERVICE
BID # 09-01-9-2
SPECIAL CONDITIONS
3.1: SCOPE OF SERVICES:
The City of Aventura is accepting sealed bids for providing a "fixed route" Municipal
Transit Service to serve the City. Bidders shall provide all equipment, maintenance,
operations, facilities and personnel necessary to successfully operate the system. There
will be five different routes within the City as noted in the table below. Four routes will
operate between the hours of 7:45 A.M. and approximately 6:30 P.M. on a Monday thru
Friday basis, while one route (Yellow) will start its service at 8:45 A.M. and end its day
at 6:30 P.M. Service will be provided until approximately 9 P.M. on Saturday nights
with two buses after 6:30 P.M. Vehicles will average approximately 10 M.P.H. while in
service, and drivers will have one hour for lunch on an unpaid basis each day. The
exact totals for hours and miles might change, but only slightly, and the numbers below
serve as a sound foundation to describe the nature of service for bidders. The chart
below provides basic information on the proposed "fixed" routes.
City of Aventura Fixed Route Service Characteristics
Route Name Daily Service Service Miles Total Hours Total Miles
Hours Mon. - Sat. per Year per Year
Mon. - Sat.
Yellow 8.83 89.0 2,737 27,590
Green 9.83 90.0 3,047 27,900
Blue 9.83 90.0 3,047 27,900
Red 9.83 90.0 3,047 27,900
Purple 9.83 90.0 3,047 27,900
SubTotal 48.15 449 14,925 139,190
Sat. Night Sat. Night All Sat. Niqhts All Sat. Nights
North 2.5 26 130 1,352
South 2.86 28 149 1,456
SubTotal 5.36 54 279 2,808
Total Year 15,204 141,998
NOTES:
Service will begin in March, 2009 pending Contractor's compliance with all
requirements. In summary, the City of Aventura anticipates there will be five shuttle
24
bus routes running six days per week, with four buses operating 9.83 hours per
weekday and one bus operating 8.83 hours per weekday, with two buses operating
11.83 hours on Saturdays, totaling 15,204 service hours per year.
Service will operate 310 days per year.
No service on Thanksgiving, Christmas or New Years holidays.
The contractor is responsible for including its costs of deadhead mileage in its bid.
Since the City may increase (or decrease) the number of hours of service
provided, all bidders shall indicate charges for additional hours of service (e.g.,
adding one more minibus to provide an additional route). Bidders shall indicate in
their bid what it would charge for hourly charter service on an as needed basis
for special events within the city.
3.2: INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL:
The initial contract shall be for a period of three (3) years from execution of the
agreement. In addition, the City, at its sole discretion, reserves the right to renew the
contract for one additional three (3) year period, providing that all terms, conditions
and specifications (except for the price, which will be negotiated in good faith) remain
the same, contingent upon approval by the City Manager.
3.3: SCOPE OF WORK
3.3.1 Service Area will be within the City of Aventura.
3.3.2 Service Standards:
3.3.2.1
Display of City Symbol on Vehicles:
All vehicles when being used to provide service for the City
under this contract must display, on the exterior of the
vehicle, the approved City provided signs or "wraps". The
Contractor shall pay for and provide for installation of same
for each bus, in the manner prescribed by the City:
The following signs or wraps shall be required:
a: Front: A destination sign, whether a header or an
insert in the front windshield at the base of the
windshield on the passenger side in clear view of the
public. Minimum sign size shall be 12" in height and
18" wide.
b. Sides: A wrap shall be located on each side and
25
3.3.2.2
minimum size shall be 18" in height and 36" wide. A
logo shall also be applied on both sides. Wraps will
reflect the appropriate bus route with the route.
Vehicle Standards
The vehicles used to provide service must comply with all
applicable local, State and Federal Codes, safety standards or
laws and comply with or exceed manufacturer's safety and
mechanical standards for the particular vehicle and model
used in the provision of services under this contract. All
vehicles provided must:
a. Have a rear-view mirror and side-view mirrors
mounted on both sides of the vehicle
b. Have functioning interior lighting within the passenger
compartments.
c. Be equipped with operable air conditioning systems of
sufficient size and capacity to provide a cooling effect
throughout the vehicle, with cold air blowing in all
sections of the vehicle. If the air conditionina
system becomes inooerable durina the day. the
Contractor shall reolace the vehicle within one
hour. The vehicle shall not again be used until such
time that the air conditioning system has been
repaired.
d. Have exterior free of grime, oil or other substances
and free from cracks, breaks, dents and damaged
paint that noticeably detract from the overall
appearance of the vehicle.
e. Be clean in the interior and free from torn floor
coverings, damaged or broken seats, and protruding
sharp edges. The seats shall be padded and
comfortable.
f. Have unobstructed vision on at least three (3) sides
of the vehicle.
g. Have a properly functioning wheelchair lift mechanism
in order to provide accessibility to those passengers
who are non-ambulatory, unless an accessible low-
26
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: January 22,2009
FROM: Eric M. Soroka, ICMA-CM,
SUBJECT: Ordinance Amending Dangerous Intersection Safety (Red Light
Camera Program) City Code
1st Reading February 3,2009 City Commission Meeting Agenda Item.1-
2nd Reading March 3, 2009 City Commission Meeting Agenda Item_
Attached hereto is a proposed Ordinance Amending the Dangerous Intersection Safety
Red Light Camera Program City Code to add the ability to enforce flashing red light
signals and malfunctioning traffic lights.
Since the beginning of the Red Light Camera Program, the Police Department has
noted a large number of violators running flashing red lights during the early morning
hours. This past month 220 violations occurred. In line of our position to maintain
safety standards to protect our residents, it is recommended that the attached
amendments be adopted.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01645-09
ORDINANCE No.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ARTICLE III "DANGEROUS
INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES,
USE OF RIGHT OF WAY, PARKING, OTHER
REGULATIONS" BY AMENDING SECTION 48-27
"DEFINITIONS" AND SECTION 48-28 "ADHERANCE TO
RED LIGHT TRAFFIC CONTROL SIGNALS" AND
SECTION 48-32 " NOTICE OF VIOLATION" OF THE CITY
CODE OF THE CITY OF A VENTURA, IN ORDER TO
INCREASE THE SCOPE OF THE TRAFFIC CONTROL
SIGNAL VIOLATIONS THAT MAY BE CAPTURED BY A
TRAFFIC CONTROL SIGNAL MONITORING DEVICE
AND TO CLARIFY ENFORCEMENT PROCEDURES
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the failure of motorists to come to a complete stop at a traffic
control signal emitting a flashing red light or an inoperable or malfunctioning traffic
control signal creates a significant safety hazard; and
WHEREAS, the City wishes to reduce the number of motorists that fail to
come to a complete stop when facing a traffic control signal emitting a flashing red
light or an inoperable or malfunctioning traffic control signal; and
WHEREAS, the existing traffic control signal monitoring devices utilized by
the City are capable of capturing these violations.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: 1
Section 1. Recitals Adopted. That the recitals set forth above are hereby
adopted and confirmed.
1 Additions to existing city code text are shown by underline; deletions from existing
city code text are shown by strikethrough.
Section 2.
City Code Amended. That Section 48-27 "Definitions" of
Article III "Dangerous Intersection Safety" of Chapter 48 "Vehicles, use of right of
way, parking, other regulations" is hereby amended to read as follows:
Sec. 48-27 Definitions.
The following definitions shall apply to this article:
INTERSECTION. The area embraced within the prolongation or connection of the
lateral curb line; or, if none, then the lateral boundary lines, of the roadways of two
roads which join or intersect one another at, or approximately at, right angles; or the
area within which vehicles traveling upon different roads joining at any other angle may
come in conflict.
MOTOR VEHICLE. Any self-propelled vehicle not operated upon rails or guide
way, but not including any bicycle or electric personal assisted mobility device.
OWNER/VEHICLE OWNER. The person or entity identified by the Florida
Department of Motor Vehicles, or other state vehicle registration office, as the
registered owner of a vehicle. Such term shall also mean a lessee of a motor vehicle
pursuant to a lease of six months or more.
RECORDED IMAGES. Images recorded by a traffic control signal monitoring
system! device:
(1 ) On:
(a) Two or more photographs;
(b) Two or more electronic images;
(c) Two or more digital images;
(d) Digital or video movies; or
(e) Any other medium that can display a violation; and
(2) Showing the rear of a motor vehicle and on at least one image, clearly
identifying the license plate number of the vehicle.
RED ZONE INFRACTION. A traffic offense whereby a traffic control signal
monitoring system established that a vehicle entered an intersection controlled by a
duly erected traffic control device at a time when the traffic control signal for such
vehicle's direction of travel was emitting a steady red signal-;- or whereby a traffic
control signal monitoring system established that a vehicle did not come to a complete
stop before allowing any part of the vehicle to enter into the intersection, intersection
line or crosswalk line, as applicable, at a time when the traffic control signal for such
vehicle's direction of travel was emitting a flashing red light or was inoperative or
malfunctioning.
SPECIAL MASTER. The City's Code Enforcement Special Master, as described in
Chapter 2 , Article V of the City Code.
TRAFFIC CONTROL INFRACTION REVIEW OFFICER. The City police
department employee designated, pursuant to Sec. 48-31(B) herein, to review recorded
images and issue red zone infractions based upon those images.
TRAFFIC CONTROL SIGNAL. A device exhibiting different colored lights or
colored lighted arrows, successively one at a time or in combination, using only the
colors green, yellow, and red which indicate and apply to drivers of motor vehicles as
provided in F.S. S 316.075.
TRAFFIC CONTROL SIGNAL MONITORING SYSTEMlDEVICE. An
electronic system consisting of one or more vehicle sensors, working in conjunction
with a traffic control signal, still camera and video recording device, to capture and
produce recorded images of motor vehicles entering an intersection against a steady red
light signal indication.
Section 3. City Code Amended. That Section 48-28 "Adherence to red light traffic
control signals" of Article III "Dangerous Intersection Safety" of Chapter 48 "Vehicles,
use of right of way, parking, other regulations" is hereby amended to read as follows:
Sec. 48-28. Adherence to Red Light Traffic Control Signals.
(A) Motor vehicle traffic facing a traffic control signal's steady red light
indication shall stop before entering the crosswalk on the near side
of an intersection or, if none, then before entering the intersection
and shall remain standing until a green indication is shown on the
traffic control signal; however, the driver of a vehicle which is
stopped at a clearly marked stop line, but if none, before entering
the crosswalk on the near side of the intersection or, if none, then at
the point nearest the intersecting roadway where the driver has a
view of approaching traffic on the intersecting roadway before
entering the intersection in obedience of a steady red traffic control
signal, may make a right turn (unless such turn is otherwise
prohibited by posted sign or other traffic control device) but shall
yield right-of-way to pedestrians and other traffic proceeding as
directed by the traffic control signal at the intersection.
@} Motor vehicle traffic facing a traffic control signal that is
malfunctioning, inoperable or is emitting a flashing red light shall
stop at a clearly marked stop line, but if none, before entering the
crosswalk on the near side of the intersection, or if none, then at the
point nearest to the intersecting roadway where the driver has a
view of approaching traffic on the intersecting roadway before
entering the intersection, and the right to proceed shall be subiect to
the rules applicable after making a stop at a stop sign. In the event
that only some of the traffic control signals within an intersection
are malfunctioning, inoperative or emitting a flashing red light the
driver of the vehicle approaching the malfunctioning, inoperative
or flashing red traffic control signal shall stop in the above
prescribed manner.
Section 3. City Code Amended. That Section 48-32 "Notice of Violation"
of Article III "Dangerous Intersection Safety" of Chapter 48 "Vehicles, use of right of
way, parking, other regulations" is hereby amended to read as follows:
Sec. 48-32. Notice of violation.
The notice of a red zone infraction shall be served via regular maiL and shall be in the
form as provided for in section 2-340 of the City Code, as applicable, but shall also
include:
(1) The name and address of the vehicle owner;
(2) The license plate number and registration number of the vehicle;
(3) The make, model, and year of the vehicle;
(4) Notice that the infraction charged is pursuant to this article;
(5) The location of the intersection where the infraction occurred;
(6) Notice that there are recorded images relating to the vehicle and a statement that
the recorded images are evidence of a red zone infraction;
(7) Images depicting the infraction;
(8) A signed statement by the Traffic Control Infraction Review Officer that, based on
inspection of recorded images, the vehicle was involved in and was utilized to commit a
red zone infraction.
Section 4. 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.
Section 5. Inclusion in the Code. That it is the intention of the City
Commission, and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Section 6.
Effective Date.
That this Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as
follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this --1- day of February, 2009.
PASSED AND ADOPTED on second reading this lday of March, 2009.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
Susan Gottlieb, Mayor
APPROVED AS TO LEGAL SUFFICIENCY:
tvlfm
CITY ATTORNEY
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-<:
. ~ . . . .
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-,
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, ICM
City Manager
BY:
/
Joanne Carr, AICP f\ ///1
Community Development irect~ .
DATE:
December 10, 2008
SUBJECT:
Amended effective date of Ordinance No. 2008-08, an Ordinance to Adopt a
Transportation Mitigation Impact Fee and Schedule of Fees for Development
Activity to support mobility within the City of Aventura (01-IF-09)
January 13, 2009 Local Planning Agency Agenda Item #:11-
1st Reading January 13, 2009 City Commission Meeting Agenda Item -1.: A
- 2nd Reading February 3, 2009 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission amend the effective date of Ordinance No.
2008-08 from January 1, 2009 to April 1 , 2009.
THE REQUEST
City staff is requesting adoption of an ordinance to amend the effective date of Ordinance
No. 2008-08 from January 1,2009 to April 1 ,2009.
BACKGROUND
~..........
On April 8, 2008, the City Commission adopted Ordinance No. 2008-08 which enacted an
transportation mitigation impact fee and schedule of fees for development activity to
support mobility within the City of Aventura. The Ordinance is attached as Exhibit #1 to
this report. Due to the economic slowdown at the time of adoption of the Ordinance and to
allow developers in our City to plan for this new impact fee, the effective date was set for
January 1, 2009. Interested parties requested that the City review economic conditions
prior to the proposed effective date. There has been no significant improvement in the
economy to date and staff therefore recommends a three month extension of the effective
date from January 1, 2009 to April 1, 2009. All other provisions of the Ordinance will
remain the same.
~~,~
ORDINANCE NO. 2008-08
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE
IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 "TRANSPORTATION MITIGATION
IMPACT FEE"; ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUTATION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF A TRANSPORTATION MITIGATION
IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.31801, Florida Statutes, entitled the "Florida
Impact Fee Act", the Florida Legislature found that impact fees are an important source
of revenue for a local government to use in funding the infrastructure necessitated by new
-- gro~h;and
WHEREAS, pursuant to Section 163.3177, Florida Statutes, the Legislature
enacted a transportation concurrency law which provides that public transportation
facilities and services needed to support development shall be available concurrent with
the impacts of development; and
WHEREAS, the Legislature recognized that there are areas where construction of
new or expanded roadways is not possible; and
WHEREAS, pursuant to Section 163.3180, Florida Statutes, local governments
may exempt an area from transportation concurrency (a "Transportation Concurrency
Exception Area") if the proposed development is 1) otherwise consistent with the local
Comprehensive Plan, 2) a project that promotes public transportation or is within an area
designated for urban infill development; and 3) the local government has adopted into its
Comprehensive Plan strategies to support and fund mobility within the designated
exception area; and
EXHIBIT #1
01-IF-09
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Ordinance No. 2008-08
Page 2
WHEREAS, the City of Aventura (the "City") was designated as a Transportation
Concurrency Exception Area when it adopted the City of Aventura Comprehensive Plan
in December of 1998; and
WHEREAS, the City of Aventura is in the unique position of a compact, high
density, regional destination community nearing buildout that lacks parallel roadway
facilities to provide relief to heavily congested and constrained corridors; and
WHEREAS, the City adopted strategies in the City of Aventura Comprehensive
Plan to support and fund mobility within the designated exception area, including impact
fees and other methods which developers can use to mitigate impacts to the
transportation system by contributing funds for alternative modes of transportation that
promote mobility, particularly, the expansion, operation and maintenance of the City's
Circulator System, also known as the "Aventura Express" or as it may be renamed in the
future or any similar future transit system operated by the City, (the "Circulator System")
as further described in a study entitled "A Program of Transportation Mitigation" prepared
for the City of Aventura by James C. Nicholas, PhO, dated August 15, 2007, and revised
March 13, 2008 (the 'Transportation Mitigation Study"); and
WHEREAS, the City included an impact fee analysis in the Transportation
Mitigation Study to determine if an impact fee could be used to fund the expansion,
operation and maintenance of the City's Circulator System; and
WHEREAS the Transportation Mitigation Study finds that the City of Aventura can
accommodate the mobility needs of new development by expansion of the Circulator
System with the payment of a transportation mitigation impact fee, and recommends that
the City adopt such a fee to support mobility through the use of mass transit within the
City and the City's policy of transportation concurrency exception; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed this ordinance to adopt a transportation mitigation impact fee
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Ordinance No. 2008-08
Page 3
during a required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
transportation mitigation impact fee ordinance recommended by the City Commission,
acting in its capacity as the Local Planning Agency; and
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that such action is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and are
incorporated herein by this reference.
.~
Section 2. City Code Amended. That the City Code of the City of
Aventura is hereby amended by amending Chapter 2 "Administration"; Article IV
"Finance"; Division 5 "Impact Fees"; by creating Section 2-302 "Transportation
Mitigation Impact Fee" to read as follows:
"Sec. 2-302. Transportation Mitigation Impact Fee.
(a) Impact Fee; In General.
1. This Section is intended to support and fund mobility within the City's
Transportation Concurrency Exception Area by collecting a transportation
mitigation impact fee (the "Transportation Mitigation Impact Fee") to allow the
expansion, operation and maintenance of the City's Circulator System, also
known as the Aventura Express, or as it may be renamed in the future or any
similar future transit system (the "Circulator System").
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Ordinance No. 2008-08
Page 4
"'........
2. In construing the provisions of Section 2-302, the pertinent definitions
contained in Section 2-301 (b) shall apply unless otherwise provided.
3. Any application for a Building Permit for Development Activity, as defined in
Section 2-301 (b), within the corporate limits of the City shall be subject to the
assessment of a Transportation Mitigation Impact Fee in the manner and amount
set forth in this Section. No Building Permit shall be issued by the City until the
applicant has paid the assessed Transportation Mitigation Impact Fee as
calculated pursuant to this Section.
4. Notwithstanding payment of the Transportation Mitigation Impact Fees
pursuant to this Section, other state and local regulations may limit the issuance
of a Building Permit.
5. In the event Transportation Mitigation Impact Fees are paid prior to or
concurrent with the issuance of a Building Permit and subsequently, the Building
Permit is amended, the applicant shall pay the Transportation Mitigation Impact
Fee in effect at the time the amended Building Permit is issued with credit being
given for the previous fee paid.
6. In the case of Development Activity involving a change of use, redevelopment
or expansion or modification of an existing use on site which requires issuance of
a Building Permit, the Transportation Mitigation Impact Fee shall be based on
the net increase in the Transportation Mitigation Impact Fee for the new use as
compared with the use in effect on the effective date of this Section.
7. If a Building Permit is cancelled without development commencing, then the
applicant who paid the Transportation Mitigation Impact Fee shall be entitled to a
refund, without interest, of the Transportation Mitigation Impact Fee paid except
that the City shall retain three percent (3%) of the fee to offset a portion of the
costs of collection and refund. The applicant who paid the Transportation
Mitigation Impact Fee shall submit an application for such a refund to the City
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Ordinance No. 2008-08
Page 5
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Manager or his designee within thirty (30) days of the expiration of the order or
permit, or thereafter be deemed to waive any right to a refund.
8. in the event the Circulator System is discontinued by action of the City
Commission, or if the City fails to use or encumber any existing funds by the end
of the calendar quarter immediately following ten (10) years from the effective
date of this Section, upon application of the then current fee simple title holder,
funds may be returned to such title holder, without interest, provided that the title
holder submits an application for a refund to the City Manager or his designee
within one hundred and eighty (180) days of the expiration of the ten (10) year
period. However, this section shall not apply to Development of Regional Impact
or any development with phased or long term build out. Any claim not so timely
made shall be deemed waived.
9. Funds shall be deemed expended for the purposes of this Section when a
contract, agreement or purchase order encumbering all or a portion of the
payment of said funds shall be approved by final City action.
(b) Impact Fee Computation Formula.
1. The applicant shall pay a Transportation Mitigation Impact Fee amount based
on the formula set forth in the table below or as it may be amended by Ordinance
of the City Commission. The fee shall be collected by the Community
Development Department prior to issuance of a Building Permit for Development
Activity. Such fee will be based on the cost required to serve the increased
demand for use of the Circulator System resulting from the proposed new
Development Activity. The formula to be used to calculate the Transportation
Mitigation Impact Fee is established as follows for each property use:
Persons Fee per Unit
land Use (Unit of per Unit of Measure
Measure) of
Measure
Residence Der Dwellina 0.972 $803.05
Office Der 1,000 FP 1.557 $1,286.59
,11___
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Ordinance No. 2008-08
Page 6
Retail er 1,000 FP
Tourist Accommodation
er 1,000 FP
Industrial er 1,000 FP
Institutional er 1,000 FP
2.175
$1,797.33
2.720
1.319
2.312
$2,247.22
$1,089.35
$1,910.09
2. The fee per Residential Dwelling Unit or fee per thousand nonresidential
square feet shall be multiplied by the applicant's total number of dwelling units for
residential property or total number of thousands of square feet for nonresidential
property. The total will then be multiplied by 1.03 for a general administrative
charge of three (3%) percent. The resulting total is the Transportation Mitigation
Impact Fee and administrative charge, which amount shall be paid by the
applicant.
3. An applicant may choose to prepare a study to identify a more precise
calculation of the impact of his or her proposed Development Activity on the City's
Circulator System. If the applicant chooses this option, the applicant shall prepare
and submit to the City Manager an Alternative Transportation Mitigation Impact
Fee Calculation Study (the "Alternative Fee Study"), containing professionally
accepted methodologies and formats as well as traffic, engineering, occupancy
and other documentation in support of the basis upon which the alternative
calculation was determined. The Alternative Fee Study shall be prepared and
presented by professionals qualified in their respective fields and employ methods
recognized within those respective fields. The City Manager shall consider the
Alternative Fee Study submitted by the applicant, but is not required to accept
such documentation if he believes the information to be inaccurate or not reliable.
In this case, the City Manager may require the applicant to submit additional or a
different Alternative Fee Study for consideration. If an acceptable Alternative Fee
Study is not presented, the applicant shall pay the Transportation Mitigation Impact
Fee based upon the schedules shown in paragraph 1 of this section. If the City
Manager approves a Transportation Mitigation Impact Fee in an amount other than
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Ordinance No. 2008-08
Page 7
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that determined by the Alternative Fee Study, the applicant may appeal the City
Manager's decision to the City Commission by filing a written request with the City
Clerk within ten (10) days of the date of the City Manager's decision.
4. In the case of Development Activity involving a change of use or magnitude of
use for which a Building Permit is required, the proposed development shall be
required to pay a Transportation Mitigation Impact Fee only for the increase in use
of the Circulator System resulting from new Development Activity. The
Transportation Mitigation Impact Fee shall be the difference between the
computed Transportation Mitigation Impact Fee for the proposed Development
Activity and the computed Transportation Mitigation Impact Fee for the existing
Development Activity. Any Building Permit which expires or is revoked after the
effective date of this Section and for which a fee has not previously been paid
under this Section shall be required to comply with the provisions herein. No
refunds will be given for proposed development activity resulting in a negative fee
calculation.
5. If the type of activity within a proposed or current development is not specified,
the City Manager or his designee shall use the activity most nearly comparable
that will result in payment of a fair and equitable Transportation Mitigation Impact
Fee.
6. In determining existing Development Activity and the units or thousands of
square feet of proposed or existing development, the Community Development
Department shall use the Building Permit and the Certificate of Use information
contained in the building or zoning records of Miami-Dade County or the City.
(c) Impact Fee Exemptions.
1. Alteration, expansion or replacement of an existing building or residential
dwelling unit where the use is not changed and the number of residential dwelling
units or square footage is not increased shall not be subject to the Transportation
Mitigation Impact Fee.
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Ordinance No. 2008-08
Page 8
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2. The burden of demonstrating the previous use or prevIous payment of a
Transportation Mitigation Impact Fee shall be upon the applicant. In cases where
there is an existing use, any additional fees shall be based upon the alteration
and/or addition to the existing use.
3. Government or public facilities used for governmental purposes are exempt
from the Transportation Mitigation Impact Fee, including those parcels, grounds,
buildings or structures owned by the federal government, State of Florida, Miami-
Dade County, the City, the Miami-Dade County Public Schools or the South
Florida Water Management District, including, but not limited to, governmental
offices, police and fire stations, airports, seaports, parking facilities, equipment
yards, sanitation facilities, water control structures, schools, parks and similar
facilities in or through which general government operations are conducted. It is
provided, however, that the following shall not be considered governmental or
public facilities and shall be subject to the provision of this Section: (1) privately
owned properties or facilities leased for governmental operations or activities and
privately owned charter schools; (2) public properties or facilities used for private
residential, commercial or industrial activities.
4. The construction of accessory buildings or structures is exempt where 1) the
use is not changed, 2) any additional impact on the Circulator System is negligible;
and 3) the number of residential dwelling units or square footage is not increased.
5. A building replacement meeting the requirements of the Florida Building Code,
(where such replacement is necessitated by partial destruction) and meeting the
requirements of the City's Land Development Regulations, is exempt.
6. Parking garages are exempt from the Transportation Mitigation Impact Fee
when the structure is accessory to a primary use.
7. An exemption must be claimed by the applicant prior to paying the
Transportation Mitigation Impact Fee. Any exemption not so claimed prior to
payment shall be deemed to have been waived by the applicant.
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Ordinance No. 2008-08
Page 9
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(d) Impact Fee Expenditures.
1. Expenditures from the Impact Fee shall include, but not be limited to:
a) All costs related to expansion of the Circulator System;
b) All costs related to operation of the Circulator System; and
c) All costs related to maintenance of the Circulator System.
2, The three (3%) percent general administrative cost portion of the
Transportation Mitigation Impact Fee, as provided for herein, shall be deposited
into the General Fund and shall be used to offset the costs of administering the
Transportation Mitigation Impact Fee.
(e) Establishment of Fund. Transportation Mitigation Impact Fees collected
pursuant to this Section shall be accounted for in the Transportation and Street
Maintenance Fund established by the City.
(1) Review and Assessment of Fee. The City Manager shall review the contents of
this section at least every three (3) years and, if appropriate, make recommendations to
the City Commission to revise it. The first such review shall be no later than January 1,
2011. The City Commission shall consider the City Manager's recommended revision(s)
to this section and decide whether to adopt them."
Section 3. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word as needed.
Section 4. Severabilitv. 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
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Ordinance No. 2008-08
Page 10
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 5. Special Notice. That, pursuant to Section 163.31801(3)(d), Florida
Statutes, notice of the adoption of this Ordinance shall be published by the City Clerk
no fewer than ninety (90) days before the effective date of this Ordinance imposing new
impact fees.
Section 6. Effective Date. That following adoption on second reading, the
provisions of Section 5 of this Ordinance shall be effective immediately, and the
remaining provisions of this Ordinance shall be effective from and after the first day of
January, 2009.
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The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Stern, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Terj Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on second reading. This motion was seconded by Vice Mayor Auerbach,
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Zev Auerbach yes
Mayor Susan Gottlieb yes
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Ordinance No. 2008-!28
Page 11
PASSED on first reading on this 8th day of January, 2008.
PASSED AND ADOPTED on this ath day of pril, 2008.
"'-
APPROVED AS TO LEGAL SUFFI~NCY:
r--(t/~ ~
CITY ATTORNEY
...
...
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11
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 6 "EFFECTIVE DATE" FROM
JANUARY 1, 2009 TO APRIL 1, 2009 OF ORDINANCE NO.
2008-08 ADOPTED ON APRIL 8, 2008, WHICH
ORDINANCE ESTABLISHED A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT IN THE CITY OF AVENTURA;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2008-08 establishing a transportation mitigation impact
fee and schedule for mitigation of transportation impacts by new development in the City
of Aventura was adopted by the City Commission on April 8, 2008 following duly noticed
public hearings; and
WHEREAS, the City Commission directed City staff during the public hearings to
monitor the economic climate prior to the effective date of Ordinance No. 2008-08 and
to recommend adjustment to said effective date based on economic conditions as of
the proposed effective date; and
WHEREAS, staff has determined that there has been no improvement to the
economic conditions since April, 2008; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed the proposed change to the effective date of Ordinance No.
2008-08 from January 1, 2009 to April 1, 2009 during a required public hearing and has
recommended approval of this Ordinance to the City Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
Ordinance as recommended by the City Commission, acting in its capacity as the Local
Planning Agency; and
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that the Ordinance is consistent with the Comprehensive Plan.
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Ordinance No. 2009-
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and are
incorporated herein by this reference.
Section 2. That Section 6, "Effective Date" of Ordinance No. 2008-08 IS
hereby amended as follows:
"Section 6. Effective Date. That following adoption on second reading, the
provisions of Section 5 of this Ordinance shall be effective immediately, and the
remaining provisions of this Ordinance shall be effective from and after the first day of
Janu~lrY, 2009 the first day of April. 2009.,,1
Section 3. All other provisions of Ordinance No. 2008-08 adopted by the City
Commission on April 8, 2008 shall remain the same and in full force and effect.
Section 4. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word as needed.
Section 5. 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.
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1 Stricken through text indicates proposed deletions. Underlined text indicates proposed insertions.
Ordinance No. 2009-
Page 3
Section 6. Effective Date. That following adoption on second reading, the
provisions of this Ordinance shall be effective immediately.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner Teri Holzberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner T erj Holzberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
PASSED on first reading on this 13th day of January, 2009.
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Ordinance No. 2009-
Page 4
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PASSED AND ADOPTED on second and final reading this 3rd day of February, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITYATT{;;tfrvl ~
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