09-01-2009
City Commission
Susan Gottlieb, Mayor
A~e City of
rl-Ventura
~
"~.
City Manaxer
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond
Ten Holzberg
Billy Joel
Michael Stem
Luz Urbaez Weinberg
City Oerk
Teresa M. Soroka, MMC
City AttOl7lCV
Weiss Serota Helfman
Pastoriza Cole & Boniske
~E1TEMBER 1, l00~ ro~owin~' ~m LPA Mq,
Government Center
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:
Employees Certificates of Appreciation
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 ofthe Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
July 7,2009 Commission Meeting
July 16,2009 Commission Meeting
July 16, 2009 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT DATED
FEBRUARY 8, 2008 BY AND BETWEEN THE CITY OF
A VENTURA AND AMERICAN TRAFFIC SOLUTIONS, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 09-07-01-2, BISCAYNE
BOULEVARD LANDSCAPE MAINTENANCE TO LUKES'
LANDSCAPING, INC. AT THE BID PRICE OF $398,892.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE
September 1,2009
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.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING THE PLAT OF
"AVENTURA VILLAS", BEING A REPLAT OF A PORTION OF
TRACT F OF FIRST ADDITION, BISCAYNE YACHT AND
COUNTRY CLUB, RECORDED IN PLAT BOOK 89, PAGE 100
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA, LYING AND BEING IN THE CITY OF A VENTURA,
MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
E. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA
CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE A VENTURA CITY OF
EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED
JUNE 30, 2009 AND TO ACCEPT FOR FILING THAT LETTER
DATED AUGUST 24, 2009 ATTACHED AS ATTACHMENT 1
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID
AGREEMENT ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING 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.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VECNTURA, FLORIDA GRANTING CONDITIONAL USE
APPROVAL TO ALLOW AN ABOVEGROUND EMERGENCY FUEL
2
September 1,2009
STORAGE TANK IN THE MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL (RMF3) DISTRICT AND GRANTING VARIANCE
FROM SECTION 31-143(D)(4) OF THE CITY CODE TO ALLOW A
1,000 GALLON CAPACITY SIZE OF TANK, WHERE A MAXIMUM
TANK SIZE OF 550 GALLONS IS PERMITTED BY CODE, FOR
MIAMI-DADE COUNTY WATER PUMPING STATION #464 AT 3601
NE 207 STREET, CITY OF A VENTURA; AND, GRANTING
CONDITIONAL USE APPROVAL TO ALLOW AN ABOVEGROUND
EMERGENCY FUEL STORAGE TANK IN THE MUL TIF AMIL Y HIGH
DENSITY RESIDENTIAL (RMF4) DISTRICT AND GRANTING
VARIANCE FROM SECTION 31-143(F)(4) OF THE CITY CODE TO
ALLOW A 1,000 GALLON CAPACITY SIZE OF TANK, WHERE A
MAXIMUM TANK SIZE OF 550 GALLONS IS PERMITTED BY CODE,
FOR MIAMI-DADE COUNTY WATER PUMPING STATION #475 AT
3650 NE 213 STREET, CITY OF AVENTURA; AND, GRANTING
VARIANCE FROM SECTION 31-144(F)(6) OF THE CITY CODE TO
ALLOW A 4,000 GALLON CAPACITY ABOVE GROUND
EMERGENCY FUEL STORAGE TANK IN THE MEDICAL OFFICE
(MO) DISTRICT, WHERE A MAXIMUM TANK SIZE OF 550
GALLONS IS PERMITTED BY CODE, FOR MIAMI-DADE COUNTY
WATER PUMPING STATION #424 AT 21101 NE 28 AVENUE, CITY OF
A VENTURA; PROVIDING FOR AN EFFECTIVE DATE.
7. ORDINANCES: FIRST READING-PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF A VENTURA BY
ADDING NEW ARTICLE VI. ENTITLED "GREEN BUILDING
PROGRAM" TO CHAPTER 14 "BUILDINGS AND BUILDING
REGULATIONS" OF THE CITY CODE; ESTABLISHING
DEFINITIONS, STANDARDS, PROCEDURES, REQUIREMENTS
AND INCENTIVES; PROVIDING FOR VOLUNTARY
PARTICIPATION RELATING TO NEW CONSTRUCTION OR
SUBSTANTIAL RENOVATIONS AS PROVIDED IN THE
ARTICLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE TO IMPLEMENT GREEN
BUILDING INCENTIVES PROPOSED BY ARTICLE VI. "GREEN
BUILDING PROGRAM" OF CHAPTER 14, "BUILDINGS AND
BUILDING REGULATIONS" OF THE CITY CODE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
3
September 1,2009
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY OF A VENTURA COMPREHENSIVE PLAN BY
AMENDING POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL
IMPROVEMENTS ELEMENT TO ADOPT BY REFERENCE THE
CITY OF AVENTURA 2009/10-2013/14 CAPITAL IMPROVEMENT
PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COMPREHENSIVE PLAN; 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 MEETINGS/EVENTS
1 ST BUDGET PUBLIC HEARING SEPTEMBER 8, 2009 6PM COMMISSION CHAMBER
WORKSHOP MEETING
SEPTEMBER 17, 2009 9AM COMMISSION CHAMBER
2nd BUDGET PUBLIC HEARING SEPTEMBER 22, 2009 6PM 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, 19200 W. Country Club
Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
4
,4,'!'he City of
nventura
A
.~
MINUTES
CITY COMMISSION MEETING
JULY 7,2009
immediately following 6 p.m. LPA
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. by
Mayor Susan Gottlieb immediately following the 6 p.m. Local Planning Agency Meeting.
Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern,
Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, 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.
2. PLEDGE OF ALLEGIANCE: Led during LPA.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: An award for ten years of service to the City was
presented to Police Officer Edilberto Ocasio by Mr. Soroka.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Holzberg, seconded by Commissioner Stern, passed unanimously and the
following action was taken:
A. The following minutes were approved:
June 2, 2009 Commission Meeting
June 18,2009 Workshop Meeting
B. The following motion was approved:
MOTION TO APPROVE PRESENTATION OF KEY TO THE CITY TO
CHEF ALLEN SUSSER
C. Resolution No. 2009-32 was adopted as follows:
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.
On behalf of the Commission and residents, a Key to the City of Aventura was
presented to Aventura Chef Allen Susser by Mayor Gottlieb.
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: Mr. Wolpin 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 2009/10-2013/14 CAPITAL
IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR
AN EFFECTIVE DATE
A motion for approval of this item, 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 Joel, and seconded by Commissioner Diamond. Mayor Gottlieb
opened the public hearing. There being no speakers, the public hearing was
closed. The motion passed unanimously by roll call vote.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: None.
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 6:59 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.
2
A~ City of
nventi1ra
fa
.......-r"~
MINUTES
COMMISSION MEETING
JULY 16, 2009 9 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL. The meeting was called to order at 9:00 a.m.
by Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Billy Joel,
Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. Commissioner Bob Diamond was absent due to family illness. As a quorum
was determined to be present, the meeting commenced.
2. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka reviewed
the highlights of the budget process for the upcoming year as outlined in his budget
message. He then reviewed the proposed 2009/10 budget document, as follows:
A. GENERAL FUND, including Revenues, General Government
Departments (City Commission, City Manager, Finance, Information Technology,
Legal, City Clerk), Public Safety Department, Community Development
Department, Community Services Department, Arts & Cultural Center, Non-
Departmental and Capital Outlay.
A motion for approval of the General Fund Budget Revenues was offered by
Commissioner Joel, seconded by Commissioner Auerbach, and unanimously
passed.
A motion for approval of the City Commission budget was offered by Vice Mayor
Holzberg, seconded by Commissioner Weinberg, and unanimously passed.
A motion to approve the City Manager budget was offered by Commissioner
Weinberg, seconded by Commissioner Joel, and unanimously passed.
A motion to approve the Legal Department budget was offered by Commissioner
Weinberg, seconded by Commissioner Stern, and unanimously passed.
A motion to approve the City Clerk budget was offered by Vice Mayor Holzberg,
seconded by Commissioner Auerbach, and unanimously passed.
A motion to approve the Finance Department budget was offered by
Commissioner Joel, seconded by Commissioner Weinberg, and unanimously
passed.
A motion to approve the Information Technology budget was offered by
Commissioner Joel, seconded by Vice Mayor Holzberg, and unanimously
passed.
A motion to approve the Public Safety budget was offered by Commissioner Joel,
seconded by Commissioner Auerbach, and unanimously passed.
A motion to approve the Community Development Department budget was
offered by Commissioner Auerbach, seconded by Vice Mayor Holzberg, and
unanimously passed.
A motion to approve the Community Services Department budget was offered by
Commissioner Stern, seconded by Commissioner Weinberg, and unanimously
passed.
A motion to approve the Arts & Cultural Center Department budget was offered
by Commissioner Joel, seconded by Commissioner Weinberg, and unanimously
passed.
A motion to approve the Non-Departmental budget was offered by Commissioner
Weinberg, seconded by Commissioner Stern, and unanimously passed.
A motion to approve the Capital Outlay budget was offered by Vice Mayor
Holzberg, seconded by Commissioner Auerbach, and unanimously passed.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE
RATE FOR THE 2009/2010 FISCAL YEAR; PROVIDING FOR THE
DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER
THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the resolution, which establishes a millage rate for the
2009/10 fiscal year of 1.7261 per $1,000 of taxable assessed value, was offered
by Commissioner Joel, and seconded by Commissioner Stern. The motion
unanimously passed and Resolution No. 2009-33 was adopted.
C. POLICE EDUCATION FUND: A motion for approval was offered by Vice
Mayor Holzberg, seconded by Commissioner Auerbach, and unanimously
passed.
D. TRANSPORTATION AND STREET MAINTENANCE FUND: A motion for
approval was offered by Commissioner Stern, seconded by Commissioner
Weinberg, and unanimously passed.
2
E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval
was offered by Vice Mayor Holzberg, seconded by Commissioner Stern, and
unanimously passed.
F. PARK DEVELOPMENT FUND: A motion for approval was offered by
Commissioner Joel, seconded by Commissioner Auerbach, and unanimously
passed.
G. 911 FUND: A motion for approval was offered by Commissioner
Weinberg, seconded by Commissioner Auerbach, and unanimously passed.
H. DEBT SERVICE FUND: A motion for approval was offered by
Commissioner Joel, seconded by Commissioner Stern, and unanimously passed.
I. CAPITAL CONSTRUCTION FUND: A motion for approval was offered by
Commissioner Weinberg, seconded by Commissioner Auerbach, and
unanimously passed.
J. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered
by Commissioner Auerbach, seconded by Commissioner Weinberg, and
unanimously passed.
K. STORMWA TER UTILITY FUND: A motion for approval was offered by
Vice Mayor Holzberg, seconded by Commissioner Joel, and unanimously
passed.
Mr. Soroka announced that the first Budget Public Hearing is scheduled for September
8, 2009 at 6 p.m. and the second Budget Public Hearing is scheduled for September 22,
2009 at 6 p.m.
3. ADJOURNMENT: After motion made, seconded and unanimously passed, the
meeting adjourned at 9:40 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.
3
A~
e.
''''uf''''/
MINUTES
CITY COMMISSION
WORKSHOP MEETING
July 16, 2009
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
9:41 a.m. following 9 a.m. Commission Meeting. Present were Commissioners Zev Auerbach,
Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin.
Commissioner Bob Diamond was absent due to family illness. As a quorum was determined to
be present, the meeting commenced.
(Some taken out of order)
2. INCENTIVES FOR CONSTRUCTION OF GREEN BUILDINGS ORDINANCE (City
Manaoer): Community Development Director Joanne Carr addressed the Commission and
introduced Estrellita Sebilla, Weiss Serota Helfman, et ai, and Anthony Abate, architectural
consultant, both LEED accredited professionals, who discussed the LEED process and the
implications of the incentives in the draft ordinance.
CITY MANAGER SUMMARY: Consensus to proceed at September Commission meeting.
1. NORTHEAST LIBRARY UPDATE BY COUNTY STAFF: Representatives of the County
Library staff updated the Commission on the status of the construction process.
CITY MANAGER SUMMARY: No action necessary.
3. AUTHORIZATION TO SUBMIT LITTLE LEAGUE CHARTER APPLICATION (City
Manager): Community Services Director Robert Sherman addressed the Commission and
requested approval to submit a Little League International Charter which would establish an
Aventura Little League for boys and girls ages 5 through 18 that will provide a local,
statewide and national affiliation for the City's softball/t-ball program and the 2010 inaugural
youth baseball season.
CITY MANAGER SUMMARY: Consensus to proceed.
4. FOUNDERS DAY PROGRAM: (City Manager) Mr. Sherman noted that Founders Day will
be celebrated on November 8, 2009 and presented a proposed program.
CITY MANAGER SUMMARY: Consensus to approve.
5. CITY CLERK REVIEW: (Commissioner Joel) Commissioner Joel recommended the City
Clerk receive a net bonus of $10,000 and the same COLA percentage increase to be given
to general employees in October.
CITY MANAGER SUMMARY: Consensus to approve.
Mr. Wolpin discussed the newly-enacted legislation prohibiting cities to advocate on ballot
issues and his communications with the Florida League regarding potential litigation.
Mayor Gottlieb requested and received approval to write a letter to Senators Martinez and
Nelson, in conjunction with the Mayors Against Illegal Guns organization, expressing
opposition to the proposed bill which would override state requirements for getting a
concealed weapons permit.
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 :05 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
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission /"' .J
FROM: Eric M. Soroka, ICMA-CM, City Manager \/
BY: +rian K. Raducci, Finance Director
DATE: August 7,2009
SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF AVENTURA, FL AND AMERICAN TRAFFIC
SOLUTIONS, INC.
September 1, 2009 City Commission Meeting Agenda Item S'" B
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Amendment to Professional Services Agreement Between the City
of Aventura and American Traffic Solutions for the provision of collection services
related to the Traffic Safety Camera Program.
BACKGROUND
At the February 5, 2008 Commission Meeting, the City Commission adopted Resolution
No. 2008-14 which authorized the execution of the Agreement between the City of
Aventura and American Traffic Solutions for the Traffic Safety Camera Program.
The City's current overall collection rate for the Traffic Safety Camera Program is
approximately 72%, however at this time we do not have a mechanism in place to
pursue the delinquent accounts.
The potential for collection services to be later provided was envisioned by the last
sentence of Exhibit "F" of the Original Agreement, which stated that such services may
be provided by a future Addendum with A TS having a right of first refusal to provide
such services...
1
A TS currently offers a three-tiered approach in its collection efforts.
1. Address Validation Phase
. A TS will send a file with all collection records to a national address database to
validate the address that they have in the system.
. If the address is determined to be incorrect, A TS sends a First Notice to the new
address and will reverse any applicable late and/or collection fees.
. If the address is determined to be correct, ATS will proceed to the next phase.
2. Delinquent Center Campaign:
. ATS sends out a one (1) page letter called "NOTICE TO COLLECT UNPAID
TICKET" with a due date of ten (10) days from the issue date.
. If no payment is received, ATS sends a second notice called "FINAL NOTICE TO
COLLECT UNPAID TICKET" with a due date of ten (10) days from issue date.
. After the due date of the Final collection letter expires and payment has still not
been received, ATS will proceed to the next phase.
3. Call in Campaign
During this phase, ATS partners its collections efforts with the law firm of Linebarger,
Goggan, Blair & Sampson, LLP, to insure that the collection procedures are in
compliance with state legislation. Additional letters are mailed out and are
simultaneously followed up with phone calls. There is specific guideline compliance
with the law of the call in procedure to avoid harassing (e.g., time between calls).
The cost for providing these collection efforts is 30% of the amount collected.
This Amendment has been reviewed by the Finance Director, City Manager and City
Attorney.
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
2
AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
This Amendment to the PROFESSIONAL SERVICES AGREEMENT dated February 8,
2008 by and between AMERICAN TRAFFIC SOLUTIONS, INC. (hereinafter "ATS") and the
CITY OF A VENTURA, FLORIDA, (hereinafter "Aventura") (the "Agreement") is made and
entered into this
day of September, 2009.
WITNESSETH:
WHEREAS, ATS and Aventura have agreed, pursuant to the terms, provisions,
conditions and considerations hereinafter set forth, to supplement and amend the Agreement as
follows:
1. ATS shall provide collection services to Aventura for all photo enforcement violations
remaining unpaid after issuance of the second notice.
2. As a collection fee ATS shall be paid 30% of the unpaid amounts collected.
All other tenns and conditions of the Agreement shall remain the same.
3. The methods of the collection services shall be later approved by the City Manager,
and will be consistent with the industry standards for collection practices.
4. There will be annual renewal periods for the collections services, however, the City
Manager has the righHo discontinue these additional collection services at any time at
his sole discretion.
5. Any collections that ATS has expended efforts to collect prior to the termination of
this agreement but which are still unpaid at the time of termination will be paid to ATS
following termination ofthis agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date first
hereinabove written.
AMERICAN TRAFFIC SOLUTIONS, INC.
A
BY:
Adam E. Tuton, EVP/COO
CITY OF A VENTURA, FLORIDA
BY:
Eric M. Soroka, City Manager
2
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED
AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT DATED FEBRUARY 8, 2008 BY AND
BETWEEN THE CITY OF AVENTURA AND AMERICAN
TRAFFIC SOLUTIONS, INC.; 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 A VENTURA, FLORIDA:
Section 1. The City Manager is hereby authorized to execute and otherwise
enter into the attached Amendment to Professional Services Agreement dated
February 8, 2008 by and between the City of Aventura and American Traffic Solutions,
Inc.
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 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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-_
Page 2
PASSED AND ADOPTED this 1st day of September, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFIC ENCY:
f"'1
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
BY: Robert M. Sherman, Director 0
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: August 11, 2009
SUBJECT: Bid No. 09-07-01-2, Biscayne Boulevard Landscape Maintenance
September 1st, 2009 City Commission Meeting Agenda Item 5 C-
Recommendation:
The City Commission adopt the attached Resolution awarding Bid No. 09-07-01-2
Biscayne Boulevard Landscape Maintenance, to the lowest responsible and responsive
bidder, Lukes' Landscaping, Inc. for the price of $398,892.00.
Backaround:
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on July 1, 2009. All contract specifications were reviewed by
the Purchasing Agent, Finance Director, City Attorney and Landscape Architect prior to
advertising for bids.
Nineteen firms either downloaded the specifications through "Demand Star" on the
internet or picked up plans from the City. A mandatory pre-bid meeting was held on
June 10,2009 and sixteen firms were in attendance:
Superior Landscape
Cutters Edge
Elan Landscaping
Brickman's
SFVE Services
Vila and Son Landscaping
CBLM Inc.
Arozoza Brothers
Valley Crest
Blackburn Property Maint.
Lukes' Landscaping, Inc.
Nanak's Landscaping
Classic Lawn Inc.
THL Landscaping
Sanchez Arango
E & S Landscaping
City Commission
August 11, 2009
Page Two
Five qualified bids were opened on July 1, 2009 and the results are as follows:
Lukes' Landscaping, Inc. $398,892.00
Vila and Son Landscaping, Inc. 446,210.00
Superior Landscaping 488,107.00*
Valley Crest 516,031.84*
Elan Lawn and Landscaping 598,555.00
*Arithmetical errors were contained in the Superior and Valley Crest bids and had to be corrected. See
attached Bid Tabulation for details.
The lowest responsive and responsible bid represents an annual savings of
$66,423 to the City from the present contract, for a total savings of $199,269 over
the three year contract period.
This bid term was for one three year term, with the City retaining the sole option to
renew the bid for one additional three year term. Bid specifications included grounds
and irrigation maintenance standards of landscaped areas, maintenance standards for
street furniture located in the Biscayne Boulevard right-of-way, and the bid also
specified pricing for planting flowers twice per year and for approximately 5,000 cubic
yards of mulch installed in place.
One of the new requirements in this bid, in accordance with the City's Go Green efforts,
was requiring all riding or stand-behind lawn mowers to be powered by alternative fuels
other than gasoline, such as propane, bio-diesel, and other approved alternative fuels.
The bid specifications also require the bidder to provide the City with 24 hour services
ranging from clearing roadways to providing clean-up and recovery services for major
emergencies, such as hurricanes, storms and flooding. The successful bidder was also
required to own certain equipment necessary to maintain the medians and right-of-ways
to the Florida Department of Transpo~ation standards.
Based on the bids received, I recommend the lowest responsible and responsive
bidder, Lukes' Landscaping, Inc. be awarded Bid No. 09-07-01-2 at the base bid
amount of $398,892.00 per year.
RMS/gf
Attachments
RMS09036
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 09-07 -01-2, BISCA YNE
BOULEVARD LANDSCAPE MAINTENANCE TO LUKES'
LANDSCAPING, INC. AT THE BID PRICE OF $398,892.00;
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 of the City of Aventura, Florida, 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. 09-07-01-2, BISCAYNE
BOULEVARD LANDSCAPE MAINTENANCE; 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 project/work as cited above; and
WHEREAS, staff has determined that Lukes' Landscaping, 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. 09-07-01-2, BISCAYNE
Resolution No. 2009-_
Page 2
BOULEVARD LANDSCAPE MAINTENANCE, is hereby awarded to Lukes'
Landscaping, Inc., in the amount of $398,892.00.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, and 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. 001-5001-539-3450, Street Maintenance Fund Line Item
No. 120-5001-541-3450, and Stormwater Utility Fund Line Item No. 410-5001-538-
3450.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
adoption. The motion was seconded by
vote, the vote was as follows:
, who moved its
and upon being put to a
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 3
PASSED AND ADOPTED this 1st day of September, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFIC ENCY:
fwr
CITY ATTORNEY
City of Aventura
Biscayne Boulevard Landscape Maintenance
Bid # 09-07-01-2
Bidder Item Description April - Sept. Oct - March Total Additional Cuts
Valley Crest 1 Biscayne Blvd maintenance $ 103,411.64 $ 92,572.20 $ 195,983.84 $298.D7
2 Seasonal color replacement Unit Price Total flowers Total
4 1/2" pot, full 16,800 x 3
changes per year $ 1.82 50,400 $ 91,728.00
3 Merit Soil Drench for Royal Palms Per application Total trees Total
one application per year $ 25.00 230 $ 5,750.00
4 Cygon foliar spray Per application Total trees Total
one application per year $ 30.00 230 $ 6,900.00
u5 Pheonix Dactylifer maintenance Per application Total trees Total
Three applications per year $ 15.00 126 $ 5,670.00
Gold Premium Shredded Mulch
**6 Grade "A" or better Per 100 cubic yards delivered and installed in place
delivered and installed in place $ 4,200.00 50 $ 210,000.00
u*TOTAL BASE BID $ 516,031.84
NOTE:
ITEM 1
Bidder addition for April to September and October to March cut is incorrect should be $195,983.84 instead
of $195,988.84.
NOTE: ITEM 5
Bidder used incorrect math multiplying $15 x 126; yielding an incorrect price of $1,890.
Bidder omitted the three applications per year multiplier.
ITEM 6
Bidder used incorrect math using a (per yard) price of $42 multiplied by 50 and multiplied by 2;
yielding an incorrect price of $4,200 for item 6.
TOTAL BASE BID
*uDue to math error base bid change from $306,456.84 to $516,031.84
BID TABULATION
Bid Opening on Wednesday, July 1, 2009 at 2:00PM
Additional
Bidder Item Description April - Sept. Oct - March Total Cuts
Elan Lawn and
Landscape 1 Biscayne Blvd maintenance $ 225,696.00 $ 210,214.00 $ 435,910.00 $2,200
2 Seasonal color replacement Unit Price Total flowers Total
4 1/2" pot, full 16,800 x 3
changes per year $ 1.30 50,400 $ 65,520.00
3 Merit Soil Drench for Royal Palms Per application Total trees Total
one application per year $ 19.80 230 $ 4,554.00
Cygon Foliar Spray for Royal
4 Palms Per application Total trees Total
one application per year $ 18.50 230 $ 4,255.00
5 Pheonix Dactylifera maintenance Per application Total trees Total
Three applications per year $ 22.00 126 $ 8,316.00
Gold Premium Shredded Mulch
6 Grade "A" or better Per 100 cubic yards delivered and installed in place
delivered and installed in place $ 1,600.00 50 $ 80,000.00
TOTAL BASE BID $ 598,555.00
Page 1 of 3
City of Aventura
Biscayne Boulevard Landscape Maintenance
Bid # 09-07-01-2
Additional
Bidder Item Description April - Sept. Oct - March Total Cuts
Lukes'
Landscaping, Inc. 1 Biscayne Blvd maintenance $ 132,000.00 $ 95,000.00 $ 227,000.00 $0.00
2 Seasonal color replacement Unit Price Total flowers Total
4 1/2" pot, full 16,800 x 3
changes per year $ 1.18 50,400 $ 59,472.00
3 Merit Soil Drench for Royal Palms Per Application Total trees Total
one application per year $ 5.00 230 $ 1,150.00
Cygon Foliar Spray for Royal
4 Palms Per Application Total trees Total
one application per yea r $ 5.00 230 $ 1,150.00
5 Pheonix Dactylifera maintenance Per Application Total trees Total
Three applications per year $ 40.00 126 $ 15,120.00
Gold Premium Shredded Mulch
6 Grade "A" or better Per 100 cubic yards delivered and installed in place
delivered and installed in place $ 1,900.00 50 $ 95,000.00
TOTAL BASE BID $ 398,892.00
Additional
Bidder Item Description April - Sept. Oct - March Total Cuts
Superior
Landscaping 1 Biscayne Blvd maintenance $ 160,000.00 $ 138,240.50 $ 298,240.50 $1,800.00
2 Seasonal color replacement Unit Price Total flowers Total
4 1/2" pot, full 16,800 x 3
changes per year $ 1.75 50,400 $ 88,200.00
3 Merit Soil Drench for Royal Palms Per application Total trees Total
one application per year $ 12.50 230 $ 2,875.00
Cygon Foliar Spray for Royal
4 Palms Per application Total trees Total
one application per year $ 12.75 230 $ 2,932.50
5 Pheonix Dactylifera maintenance Per application Total trees Total
Three applications per year $ 15.50 126 $ 5,859.00
Gold Premium Shredded Mulch
"6 Grade "A" or better Per 100 cubic yards delivered and installed in place
delivered and installed in place $ 1,800.00 50 $ 90,000.00
."TOTAL BASE BID $ 488,107.00
NOTE: ITEM 6
Bidder used incorrect math using a (per yard) price of $36 multiplied by 50;
yielding an incorrect price of $1,800.00 for Item 6
TOTAL BASE BID
".Due to math error base bid change from $399,907.00 to $488,107.00
Page 2 of 3
City of Aventura
Biscayne Boulevard Landscape Maintenance
Bid # 09-07-01-2
Additional
Bidder Item Description April - Sept. Oct - March Total Cuts
Vila & Son 1 Biscayne Blvd maintenance $ 122,551.00 $ 100,269.00 $ 222,820.00 $0.00
2 Seasonal color replacement Unit Price Total flowers Total
4 1/2" pot, full 16,800 x 3
changes per year $ 1.15 50,400 $ 57,960.00
3 Merit Soil Drench for Royal Palms Per application Total trees Total
one application per year $ 19.00 230 $ 4,370.00
Cygon Foliar Spray for Royal
4 Palms Per application Total trees Total
one application per year $ 7.00 230 $ 1,610.00
5 Pheonix Dactylifera maintenance Per application Total trees Total
Three applications per year $ 25.00 126 $ 9,4S0.00
Gold Premium Shredded Mulch
6 Grade "A" or better Per 100 cubic yards delivered and installed in place
delivered and installed in place $ 3,000.00 50 $ 150,000.00
TOTAL BASE BID $ 446,210.00
Rank Bidder Base Bid
1 Lukes' Landscaping, Inc. $ 398,892.00
2 Vila & Son $ 446,210.00
3 Superior Landscaping $ 488,107.00
4 Valley Crest $ 516,031.84
5 Elan Lawn and Landscape $ 598,555.00
Offers listed from the vendors herein are the only offers received timely as of the above opening date and time.
All other offers submitted in response to this solicitation, if any, are hereby rejected as late.
*** Bid Manuel, Section 2 Item 2.5 - Mistakes
If there is a discrepancy in the unit and extended prices, the unit price(s) will prevail and the extension adjusted
to coincide. Bidders are responsible for checking their calculations. Failure to do wo will be at the bidder's risk and errors
will not release the bidder from his responsibility as noted herein.
Page 3 of 3
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CITY OF AVENTURA
INVITATION FOR BID
Biscayne Boulevard Landscape Maintenance
BID # 09-07-01-2
~.
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ISSUE DATE:
Tuesday, May 26,2009
MANDATORY PRE-BID CONFERENCE:
10:00 AM Wednesday, June 10, 2009
SUBMITTAL DATE:
2:00 PM Wednesday, July 1, 2009
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
TABLE OF CONTENTS
CONTENTS:
FORMAL INVIT A nON FOR BIDS
GENERAL INFORMATION
DEFINITIONS
SECTION 1 INSTRUCTION TO BIDDERS
SEC.l.! SERVICES REQUESTED
SEC.l.2 AGREEMENT PERIOD
SEC.!.3 NECESSARY LICENSING
SEC.l.4 EVALUATION OF BIDS
SEC.l.5 MINIMUM QUALIFICATIONS
SEC.l.6 INSTRUCTIONS TO SUBMIT BIDS
SEC.l. 7 BID REQUIREMENTS
SEC.l.8 TIMETABLE FOR REVIEW AND SELECTION
SECTION 2 GENERAL CONDITIONS
2.1 PURPOSE OF BID
2.2 SUBMISSION OF BIDS
2.3 GUARANTIES
2.4 DELNERY
2.5 MISTAKES
2.6 BRAND NAMES
2.7 MATERIAL
2.8 PRICING
2
PAGE #
7
9
10
12
12
12
12
12
12
12
13
14
15
15
15
15
15
16
16
16
16
TABLE OF CONTENTS (CONTINUED)
CONTENTS PAGE #
2.9 TAXES 16
2.10 SAFETY STANDARDS 16
2.11 PAYMENTS 16
2.12 LIABILITY, INSURANCE, LICENSES AND PERMITS 17
2.13 COUNTY LICENSE 17
2.14 COMPLIANCE WITH LAW 17
2.15 ASSIGNMENT 17
2.16 AWARDS OF BIDS 17
2.17 EV ALUA TION OF BIDS 18
2.18 IDENTICAL (TIE BIDS) 18
2.19 PREFERENCE TO LOCAL BUSINESS 18
2.20 HOLD HARMLESS 18
2.21 CANCELLATION 18
2.22 DISPUTES 18
2.23 NONCONFORMANCE TO CONTRACT 18
2.24 DEFAULT PROVISIONS 19
2.25 IDEMNIFICATION 19
2.26 SECONDARY/OTHER VENDORS 19
2.27 BID PROTEST PROCEDURE 19
2.28 CITY'S RIGHTS RESERVED 19
2.29 CONE OF SILENCE 19
2.30 CAMP AIGN FINANCE RESTRICTIONS ON VENDORS 21
3
TABLE OF CONTENTS (CONTINUED)
CONTENTS PAGE #
2.31 PUBLIC ENTITY CRIMEIDISQUALIFICA TION 24
2.32 CONFLICTS OF INTEREST 24
SECTION 3 SPECIAL CONDITIONS 25
3.1 SCOPE OF SERVICES 25
3.2 INITIAL CONTRACT PERlOD AND CONTRACT RENEWAL 25
3.3 SCOPE OF WORK 25
3.4 COMPLIANCE WITH LA WS, LICENSING REQUIREMENTS
AND TERMS OF CONTRACT 25
3.5 STRIKES AND LOCKOUTS 25
3.6 NO CONTINGENT FEE 26
3.7 ATTORNEY'S FEES 26
3.8 ADDENDA, CHANGES OR INTERPRETATIONS DURlNG
BIDDING 26
3.9 BASIS OF AWARD 27
3.10 BONDS 27
3.11 BID SECURITY FORFEITED, LIQUIDATED DAMAGES 27
3.12 CONTRACTCONTfrrrITTY 27
3.13 COMPLAINTS OR DISPUTES 27
3.14 LICENSING 28
3.15 INSURANCE 28
3.16 CONTRACTOR'S RELATION TO THE CITY 29
3.17 DISCRIMINATORY PRACTICES 29
4
TABLE OF CONTENTS (CONTINUED)
CONTENTS
PAGE #
3.18 COUNTY COrvtPLIANCE 29
3.19 SUB-CONTRACTORS 29
3.20 CONFIDENTIALITY 29
3.21 MODIFICATION OR WITHDRAWAL OF A PROPOSAL 29
3.22 LATE PROPOSALS, LATE MODIFICATIONS, AND LATE
WITHDRAWALS 30
3.23 TERMlNATION OF CONTRACT 30
SECTION 4 TECHNICAL SPECIFICATIONS 31
BID FORM 43
RESPONDENT'S CERTIFICATION 45
NO BID OR PROPOSAL RESPONSE 48
SCHEDULE OF VALVES 49
BIDDER'S QUALIFICATIONS FORM 54
AGENCY REFERENCE LIST 58
OTHER REFERENCES 60
BID EXCEPTION FORM 62
INDEMNIFICATION CLAUSE 63
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES 64
BUSINESS ENTITY AFFIDA VII 66
DRUG-FREE WORKPLACE AFFIDA VII 68
ANTI-KICKBACK AFFIDA VII 70
NON-COLLUSIVE AFFIDA VII 71
5
APPENDIX 1 74
BID BOND
APPENDIX 2 76
PERFORMANCE BOND
FORM W-9 REQUEST FOR T AXP A YER IDENTIFICATION
NUMBER AND CERTIFICATION 78
6
CITY OF AVENTURA INVITATION FOR BID
BISCA YNE BLVD LANDSCAPE MAINTENANCE
BID # 09-07-01-2
The City of Aventura is seeking a qualified contractor to provide landscape maintenance
services for the Biscayne Boulevard corridor within the City of Aventura. Sealed bids will
be received at the Office of the City Manager, City of Aventura, FL 33180 until 2:00 PM
(EST), on Wednesday, July 1 st, 2009.
The Work involved with the Project shall include, but may not be limited to, the
furnishing of all labor, materials, tools, equipment, machinery, superintendence and
services necessary for landscape maintenance which for the purposes of this bid, shall
include litter, trash & debris removal, mowing, edging, hedge trimming, landscape bed
maintenance, selective tree trimming, raking, sweeping, weeding, weed-eating and
irrigation system repair.
A Mandatory Pre-Bid Conference will be held on Wednesday June 10, 2009 at 10:00
AM at the Aventura Government Center, 19200 West Country Club Drive, Aventura,
Florida 33180.
The Invitation for Bids will be received and opened at:
Office of the City Manager
City of Aventura
Government Center
19200 West Country Club Drive
Aventura,FL 33180
Submittals must be received at the above address no later than 2:00 P.M. (EST),
on July 1, 2009 and clearly marked on the outside of envelope "BISCA YNE
BOULEVARD LANDSCAPE MAINTENANCE: BID # 09-07-01-2." Late submittals
will not be accepted and shall be returned unopened.
Interested firms should obtain the Invitation for Bids (IFB) package from
www.demandstar.com or www.citvofaventura.com/finance/bids.shtml, on or after May
26, 2009. The IFB package contains information about the Statement of Work, Bid
submission requirements and selection procedure resulting from this IFB. Any or all
questions shall be directed to Indra Sarju, Purchasing Agent at (305) 466-8925 or
emailedtosariui~citvofaventura.com.
Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given
that a "Cone of Silence" is imposed concerning this City's' competitive purchasing
process, which generally prohibits communications concerning the IFB from the time of
advertisement of the IFB until the beginning of the City Commission meeting at which
the City Manager makes a written recommendation to the City Commission concerning
the competitive purchase transaction. Please see the detailed specifications for the
public solicitation for services for a statement fully disclosing the requirements of the
"Cone of Silence."
Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are
7
prohibited from in any way providing campaign contributions to City Commission
candidates. Please see the detailed specifications of this solicitation for further details.
The City of Aventura reserves the right to request clarification of information submitted
and to request additional information. The City also reserves the right to reject any and
all proposals with or without cause and to waive any or all irregularities with regards to
the specifications.
Eric M. Soroka
City Manager
8
GENERALINFO~TION
A. SCOPE OF SERVICES:
The City desires to contract with a qualified company to provide landscape maintenance
services. The work involved shall include, but may not be limited to, the furnishing of all labor,
materials, tools, equipment, machinery, superintendence and services necessary for landscape
and irrigation maintenance which for the purposes of this bid, shall include litter, trash and debris
removal, mowing, edging, hedge trimming, landscape bed maintenance, selective tree trimming,
raking, sweeping, weeding, weed-eating, insect control, fertilization and irrigation system
maintenance, monitoring and repair which will commence on or about October 1, 2009.
B. PROPOSAL DUE DATES:
Complete Bids are due on Wednesday July 1,2009 at 2:00 p.m (EST). All bids must be
received in the Office of the City Manager by the date and time indicated, with opening
immediately following at the City of Aventura, 19200 West County Club Drive, Aventura, FL
33180.
A Mandatory Pre-Bid Conference will be held on Wednesday, June 10,2009 at 10:00 am
(EST) at the Aventura Government Center, 19200 W. Country Club Drive, Aventura, FL 33180.
Bids should be addressed or delivered to:
IFB # 09-07-01-2
Biscayne Blvd. Landscape Maintenance
Office of the City Manager
City of A ventura
19200 West Country Club Drive
Aventura, FI 33180
C. Questions concerning this lFB should be directed to:
Indra SaIju, Purchasing Agent
City of A ventura
19200 W. Country Club Drive
A ventura, Fl 33180
Phone (305) 466-8925 Fax (305) 466-8939
Email: sarjui(Q).cityofaventura.com
D. In order to facilitate review of the bids each proposer must submit one (1) original unbound
plus four (4) additional copies of the lFB response on or before the submission deadline
indicated herein.
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A BID TO THE
OFFICE OF THE CITY MANAGER ON OR BEFORE THE STATED DATE AND TIME
OF:
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Wednesday July 1, 2009 AT 2:00 PM
IS SOLELY AND STRlCTL Y THE RESPONSIBILITY OF THE PROPOSER. THE
CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE
OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY
OTHER OCCURRENCE. ANY PROPOSAL RECENED AFTER THE DATE AND
TIME STATED IN THE SOLICITATION TIMETABLE IN THIS INVITATION FOR
BIDS WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. TELEGRAPHIC
OR FACSIMILE PROPOSALS SHALL NOT BE CONSIDERED.
Hand-carried Bids may be delivered to the above address during the City's regular business
hours, Mondays through Fridays, excluding holidays observed by the City, but not beyond
the Due Date and Time. Proposers are responsible for informing any commercial delivery
service, if used, of all delivery requirements and for ensuring that the required information
appears on the outer wrapper or envelope used by such service.
The Bids must be signed by an authorized officer of the Proposer who is legally authorized
to enter into a contractual relationship in the name of the Proposer. The submittal of a Bid
by a Proposer will be considered by the City as constituting an offer by the Proposer to
perform the required services, and/or provide the required goods, at the price stated by the
Proposer.
D. ACRONYMS/DEFlNITIONS
For the purposes of this Invitation for Bids (lFB), the following acronyms/definitions will be
used:
City/Owner
City of A ventura or designated representative when appropriate
Contractor
The organization(s)/individual(s) that is awarded and has an approved
contract with the City for the services identified in this IFB.
Commission
The term Commission as used throughout this document will mean the
City Commission of City of A ventura, Florida.
Competitive
Solicitation
Means an invitation to bid, a request for proposal, or an invitation to
negotiate.
Contract
Shall refer to the Contract that may result from this Request for
Proposals.
Due Date and Time Shall refer to the due date and time listed in the Solicitation Timetable of
this Solicitation.
Evaluation
Committee
An independent committee comprised solely of City staff and
consultants of the City established to review proposals submitted in
response to the IFB score the proposals, and recommend a
10
FSS
IFB
May
Offeror
Proponent
Proposer
Provider or
Successful Proposer
Responsible Vendor
Responsive
Bid/proposal
Shall/Must
Should
Sub-Contractor &
Sub-Consultant
Work, Services,
Project &
Engagement
Proponent( s).
Florida State Statutes
Invitation for Bids
Indicates something that is not mandatory but permissible.
Shall refer to any offer(s) submitting an Offer in response to this
Invitation for Bids
Organization/individual submitting a bid/proposal in response to this
IFB.
Shall refer to anyone submitting a bid in response to the Invitation for
Bids.
Shall refer to the Proposer receiving an award as result of this
Invitation for Bids ("IFB")
A vendor who has the capability in all respects to fully perform the
contract requirements and the integrity and reliability that will assure
good faith performance.
A bid or proposal or reply submitted by a responsive and responsible
vendor that conforms in all material respects.
Indicates a mandatory requirement. Failure to meet a mandatory
requirement will, if material, result in the rejection of a proposal as
non-responsIve.
Indicate something that is recommended but not mandatory. If the
Proponent fails to provide recommended information, the City may, at
its sole option, ask the Proponent to provide the information or
evaluate the proposal without the information. Failure after demand
will result in rejection.
Shall refer to any person, fIrm, entity, or organization, other than the
employees of the Successful Offeror, who contract with the Successful
Offeror to furnish labor, or labor and materials, in connection with the
Work or Services to the City, whether directly or indirectly, on behalf
of the Successful Offeror.
Shall refer to all matters and things that will be required to be done by
the Successful Offeror in accordance with the Scope of Work, and the
terms and Conditions of this submittal.
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SECTION 1
INSTRUCTION TO BIDDERS
CITY OF A VENTURA
INVITATION FOR BIDS
BISCA YNE BOULEVARD LANDSCAPE MAINTENANCE
BID # 09-07-01-2
SEC.I.l: SERVICES REQUESTED:
The City of A ventura is accepting sealed bids for the Biscayne Blvd Landscape Maintenance
services within the City. A more complete scope of services is included as Section 4 under the
Technical Conditions of this bid.
SEC.I.2: AGREEMENT PERIOD:
The initial contract shall be for a period of three (3) years with an option to extend the contract
for one (1) additional three-year period at the same terms, conditions and prices upon mutual
agreement of both parties. The Proposer agrees to this condition by signing its proposal. If
Contractor cannot renew at these same terms, conditions and prices, Contract must notify City
on/or before 90 days of contract expired.
SEC.1.3: NECESSARY LICENSING:
As more fully discussed in this DOCUMENT, the contractor must have all necessary licenses.
Contractor shall be required to furnish a copy of all licenses, certificates of competence or other
licensor requirements necessary to provide their services as required by Florida State Statutes.
These documents shall be furnished to the City along with the Bid Response.
SEC.1.4: EVALUATION OF BIDS:
Bids will be evaluated based upon the criteria contained in Section 2 of2.16 through 2.19 of the
General Conditions and Section 3.9 of the Special Conditions.
SEC.1.5:
MINIMUM QUALIFICATIONS:
All bidders must have a minimum of five (5) years experience providing similar services to those
described in this document.
SEC.I.6:
INSTRUCTIONS TO SUBMIT BIDS:
Bids will be accepted, until 2:00 P.M., Wednesday, July 1, 2009, by the City of Aventura to
select a company to provide landscape maintenance services as required by the City.
Bids must be submitted in sealed envelopes and clearly identified as "BIDS FOR BISCA YNE
BOULEVARD LANDSCAPE MAINTENANCE: BID #09-07-01-2."
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In order to facilitate review of the bids, each bidder must submit one (1) original unbound plus
four (4) bound copies for a total of five (5) complete sets of all bid forms inside a sealed
envelope.
Bids shall be submitted to the Office of the City Manager, City of Aventura, 19200 Country Club
Drive, Aventura, Florida 33180.
Questions concerning this bid should be directed to:
Indra SaIju, Purchasing Agent
19200 W. Country Club Drive
Aventura, Florida 33180
(305) 466-8925 or Emai!: sariui@cityofaventura.com
The city will hold a mandatory pre-bid conference with all interested companies on Wednesday
June 10, 2009 at 10:00 A.M. in the Executive Conference Room at the Government center,
19200 W. Country Club Drive, A ventura, Florida 33180. At the meeting, City staff will attempt
to answer questions regarding that bid. All questions regarding this Invitation for Bids are
due on or before 5:00 PM on Friday, June 26, 2009. No pleas of ignorance by the bidder of
conditions that exist, or that may hereinafter exist as a result of failure to make the necessary
examinations or investigations or failure to fulfill in every detail the requirements of the contract
documents, will be accepted as basis for varying the requirements of the City of A ventura or the
compensation of the vendor.
SEC.1.7:
BID REQUIREMENTS:
Bids must include but need not be limited to five (5) complete sets of the complete Bid Form
including Attachments as follows:
Bid Form
Respondent's Certification
No Bid or Proposal Response
Schedule of Values
Bidder's Qualifications Form
Agency References
Other References
Vehicle & Equipment List
Bid Exception Form
Indemnification Clause
Sworn Statement Pursuantto Section 287.133 (3) (a), Florida Statutes
Business Entity Affidavit
Drug-Free Workplace Affidavit
Anti-Kickback Affidavit
Non-Collusive Affidavit
W -9 Request for Identification Number and Certification
The City provided bid forms must be completed, signed, notarized and certified as to
authorization. Forms attachments must be completed using the City provided forms. For the
Indemnification Clause Form, the City provided form must be signed and notarized. In addition,
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the bid packet shall include one copy of the entire bid document with the bidder's company and
initials on each page. Also, one original of the bid bond or cashier's check must be included in
the sealed envelope.
SEC.1.8:
TIMETABLE FOR REVIEW AND SELECTION:
The written bids will be evaluated by a review committee consisting of employees from the
City's Community Service Department and the City Landscape Architect. Based upon this
evaluation, the Committee may select one or more companies for further evaluation. A complete
background investigation may also be conducted for each proposing company. The Committee
and/or City Manager may recommend an agreement with the top ranked company to the City
Commission.
It is anticipated that the successful bidder would assume full service responsibilities during the
month of October, 2009.
END OF SECTION ONE
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SECTION 2
CITY OF A VENTURA
INVITATION FOR BIDS FOR
BISCAYNE BOULEVARD LANDSCAPE :MAINTENANCE
BID #09-07-01-2
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 5:00 PM (est.) on Friday, June 26, 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 othelWise 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 2.32) and Special Conditions (Section 3 of
3.1 through 3.23), 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:
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:
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All items shall be delivered F.G.B. destination (i.e. 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 seller's 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.
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 (OSHA) and its amendments. Bids
must be accompanied by materials data safety sheets (M.D.S.S.) when applicable.
2.11: PAYMENTS:
16
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: LIABILITY, 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 W. Country Club Drive, Aventura, FL 33180, certificate(s) of insurance
which indicate that insurance coverages comply with Section 3.15 under Special
Conditions of this bid.
2.13: COUNTY LICENSE:
Successful Contractor must obtain a MIAMI-DADE County License for irrigation 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.
2.15: ASSIGNMENT:
The contractor shall not transfer or assign the performance required by this bid without prior
written consent of the City of A ventura. 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 A ventura.
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 ofbid(s) shall be made by the City Commission. The successful
bidder shall execute a contract for Biscayne Boulevard Landscape Maintenance Services in a
17
form of contract which is approved by the City Attorney for form and legal sufficiency.
2.17: EV ALUA TION 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
lO points during the tabulations of bids".
2.20: HOLD HARMLESS:
ALL BIDDERS shall hold the City, its officials and employees harmless and covenant not to sue
the City, its officials and employees for their decision to reject, award or not 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 be
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
18
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 indemnity, 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/OTHER 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 thereby
violating the intent of the contract.
2.27: BID PROTEST PROCEDURE:
Bid protests are governed by Sec. 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 Docmnent, 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" is applicable to this
transaction. The "Cone of Silence," 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.
19
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;
(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 concernmg Cone of Silence
compliance.
20
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.
(a) General, prohibition, disqualification, definitions.
(1)
a. No vendor shan 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 A ventura 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 ofthe 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
21
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,
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 ofthis section, the term "disqualified" shall be defmed to include:
1. Termination of a contributor/vendor'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
fmancial 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 "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.
22
b. Campaign contributions. The term "campaign contribution"
shall have the meaning which is ascribed to the term
"contributions" pursuant to F.S. S 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 fmding 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 a replacement
vendor.
(3) Full 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) Implementation. 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.
23
(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) Applicability. This section shall be applied only prospectively to campaIgn
contributions which are made after the date of this section.
(Ord. No. 2005-14, g 3, 10-11-05)
2.31: PUBLIC ENTITY CRIME/DISQUALIFICATION
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
24
SECTION 3
CITY OF A VENTURA
INVITATION FOR BIDS FOR
BISCAYNE BLVD LANDSCAPE MAINTENANCE
BID #09-07-01-2
SPECIAL CONDITIONS
3.1: SCOPE OF SERVICES:
3.2: INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL:
The initial contract shall be for a period of three (3) years with an option to extend the contract
for one (1) additional three-year period, at the same terms, conditions and specifications (except
for the itemized and unit prices as contained in the Schedule of Values, which shall be negotiated
in good faith) remain the same and the extension is approved by the City Manager. The Proposer
agrees to this condition by signing its proposal. If Contractor cannot renew at these same terms,
conditions and prices, Contractor must notify City on/or before 90 days of contract expiration
date.
3.3: SCOPE OF WORK
3.3.1 Service Area will be within the FDOT right-of-way on Biscayne Boulevard from
the Oleta River Bridge (southern City limits) to the Miami-DadelBroward County line (northern
City limits), including the area on the west side of Biscayne Blvd. along the FEC Railroad, and
NE 203rd Street from Biscayne Blvd. to NE 30th Avenue within the City of Aventura. It will also
include the area within the FDOT right-of-way on the east side of Biscayne Boulevard, north and
south ofNE 203rd Street.
3.4 COMPLIANCE WITH LAWS, LICENSING REQUIREMENTS AND TERMS OF
CONTRACT:
Contractor shall comply with any and all laws, statutes, ordinances, rules, regulations, and
procedural requirements whether federal, State, County, or local and of any agency or such
government, which relate to or in any manner affect the performance of this Contract. This
includes compliance with any existing or future drug policies, the Americans with Disabilities
Act (ADA), and any laws and regulations issued by Local County, State or Federal agencies.
3.5 STRIKES AND LOCKOUTS:
There will be no strikes, work stoppages, sick-outs, picketing while working, slowdowns or other
concerted failure or refusal to perform assigned work by the Contractor's employees, and there
will be no lockouts by the Contractor for the duration of this Contract. The Contractor shall
make an attempt to obtain from any association representing the Contractor's employees a letter
25
of understanding agreeing to support the City fully in maintaining operations in every way.
Any employee who participates in or promotes an illegal strike, work stoppage, picket while
working, slowdown, sick-out or concerted failure to refuse to perform assigned work may be
discharged or otherwise disciplined by the Contractor.
It is recognized by the parties that the City is responsible for and engaged in activities which are
the basis of the health and welfare of our citizens and that any violation of this section would
give rise to irreparable damage to the City and the public at large. Accordingly it is understood
and agreed that in the event of any violation of this section, the City shall be entitled to seek and
obtain immediate injunctive relief and all other relief as provided by law, including attorney's
fees and full costs associated with the violation and restoration of service. In the event of a strike,
work stoppage, or interference with the operations and accomplishment of the mission of the
City, the Contractor and any association representing the Contractor's employees shall promptly
and publicly order the employees to return to work and attempt to bring about a prompt
resumption of normal operations.
3.6: NO CONTINGENT FEE:
Contractor warrants that it is has not employed or retained any company or person, other than a
bona fide employee working solely for the Contractor to solicit or secure the agreement and that
it has not paid or agreed to pay any person, company, corporation, individual or fmn, other than
a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making the agreement.
For the breach or violation of this provision, the City shall have the right to terminate the
agreement, without liability, at its discretion.
3.7: ATTORNEY'S FEES:
If the City incurs any expense in enforcing the terms of the agreement whether suit be brought or
not, contractor agrees to pay all such costs and expenses including but not limited to court costs,
interest, and reasonable attorney's fees.
3.8: ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING:
Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed
for the opening of the bids will be given consideration. All such changes or interpretations will
be made in writing in the form of an addendum and, if desired, will be mailed or sent by
available means to all known prospective bidders not later than five (5) days prior to the
established bid opening date. Each prospective bidder shall acknowledge receipt of such
addenda in the space provided therefore in the bid form. In case any bidder fails to acknowledge
receipt of such addenda or addendum, his bid will nevertheless be considered as though it had
been received and acknowledged and the submission of his bid will constitute acknowledgment
of the receipt of same. All addenda are a part of the contract documents and each bidder will be
bound by such addenda, whether or not received by him. It is the responsibility of each
prospective bidder to verify that he has received all addenda issued before bids are opened. Any
questions regarding the specifications may be directed to the Finance Department, Indra Smju,
Purchasing Agent, located at 19200 W. Country Club Drive, Aventura, FL 33180, (305) 466-
8925 or em ail tosariui@cityofaventura.com. Under no circumstances will the city accept
26
facsimile transmissions in lieu of a sealed bid. Any bids received in the above manner will be
deemed unresponsive and a "no bid" will be entered for the bidder.
3.9: BASIS OF AWARD:
Award will be made to the most responsive and responsible bidder. Evaluation criteria, in
addition to those contained in Sections 2 of 2.16 through 2.19 of the General Conditions, are the
fee proposed, quantity and quality of equipment and qualifications of personnel, experience, and
the overall ability to perform the services requested.
3.10: BONDS:
The bidder must include a bid bond in the amount of five percent (5%) of the base bid. Such
bond may be in the form of a certified or cashier's check or security bond in the form shown as
Appendix 1 to this bid. A company or personal check shall not be deemed a valid Bid Security.
In addition, the successful bidder shall furnish a performance bond in the amount of 100% of the
total Bid Price, with the City of Aventura as the obligee, as security for the faithful performance
of the contract. The bond shall be issued by a satisfactory surety company authorized to do
business in the State of Florida and be in the form shown as Appendix 2 to this bid. The
Performance Bond shall be in force for the duration of the project.
3.11: BID SECURITY FORFEITED, LIQUlDA TED DAMAGES:
Failure to execute a contract in the form prepared by City and to file an acceptable performance
bond as provided herein within ten (10) days after written notice of award has been given shall
be just cause for the annulment of the award by City and the forfeiture of the bid security to the
City, which forfeiture shall be considered not as a penalty, but in liquidation of damages
sustained. Awards may then be made to the next best responsible bidder or all bids may be
rejected, as best meets the needs of the City.
3.12: CONTRACT CONTINUITY:
In the event services are scheduled to end either by contract expiration or by termination by the
City of Aventura (at the City's discretion), it shall be incumbent upon the contractor to continue
the service, if requested by the City, until new services can be completely operational. At no time
shall this transition period extend more than ninety (90) days beyond the expiration date of the
existing contract.
3.13: COMPLAINTS OR DISPUTES:
The contractor agrees that any complaints received by the City concerning misconduct on the
part of the contractor, such as poor services, discourtesy to the public, damage to vehicles, etc.,
will be referred to the office of the Community Services Department for appropriate action. The
contractor agrees to make any complaints concerning the City of A ventura available to the City
. Manager or his designee for action as required, and the decision of the City shall be final and
binding.
27
3.14: LICENSING:
The successful bidder shall be licensed and certified by all appropriate County, State, and Local
agencies. The contractor shall procure at its own expense, all necessary licenses and permits.
The contractor shall conform to all applicable laws, regulations, or ordinances of the State,
County, and City.
3.15: INSURANCE:
The Contractor shall purchase and maintain, in full force and effect for the life of the contract, at
contractor's sole expense, the following insurance policies:
1. A business automobile policy which covers any vehicles used in connection with
this agreement, regardless of whether the vehicle is owned, rented, hired or
borrowed by the contractor. Minimum limits for bodily/property damage liability
shall be $1,000,000 per occurrence.
2. A comprehensive general liability policy with mmlmurn coverage limits of
$1,000,000.00 for bodily injury and property damage per occurrence.
3. A worker's compensation and employer's liability policy which covers all of the
contractor's employees to be engaged in work on this contract as specified by and
in accordance with F.S.S. 440.
The City of Aventura shall be named as additional insured on policies listed as 1-3 of the
contractor's above required policies of insurance except for the Workers Compensation
insurance. The form and types of coverage and sufficiency of insurer shall be subject to
approval of the City Manager.
The contractor agrees to indemnify, defend and hold harmless the City of A ventura from and
against any and all claims, suits, judgments, executions, and/or liabilities as to bodily injuries
and/or property damages which arise or grow out of this contract or contractors performance or
operations hereunder.
The contractor shall, in its contract with the City, be required to indemnify and hold harmless the
City and its officers, agents, employees and instrumentalities from any and all liability, claims,
liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the
City or its officers, employees, agents and instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind of nature arising out of, or relating
to or resulting from the provision of services by the contractor and/or its officers, employees,
agents or independent contractors. The contractor shall be required to pay all claims and losses
in connections therewith, and shall investigate and defend all claims, suits or actions of any kind
or nature in the name of the City, where applicable, including appellate proceedings, and shall
pay all costs, judgments and attorneys' fees which may issue thereon. The Contractor expressly
understands and agrees that any insurance protection required by this agreement or otherwise
provided by the contractor shall in no way limit the responsibility of Contractor to indemnify,
keep and save harmless and defend the City and its officers, employees, agents or
instrumentalities as herein provided.
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Copies of all policies or certificates of such insurance shall be delivered to the city, and said
documentation shall provide for the City to be notified a minimum of thirty (30) days prior to
any cancellation, termination, reduction or non-renewal of any required insurance policy.
The Contractor shall also, upon request by the City, provide copies of all official receipts and
endorsements as verification of contractor's timely payment of each insurance policy
premium as required by this contract.
3.16: CONTRACTOR'S RELATION TO THE CITY:
It is expressly agreed and understood that the contractor is in all respects an independent
contractor as to all work hereunder, and that the contractor is in no respects an agent, servant or
employee of the City of Aventura. This contract specifies the work to be done by the contractor,
but the method to be employed to accomplish this work shall be the responsibility of the
Contractor, unless otherwise provided in the contract.
3.17: DISCRIMINATORY PRACTICES:
The contractor shall not deny service, deny access, or deny employment to any person on the
basis of race, color, creed, sex, sexual orientation, religion or national origin. The company will
strictly adhere to the equal employment opportunity requirements and any applicable
requirements established by the State of Florida, or the Federal Government.
3.18: OTHER COMPLIANCE:
The contractor shall comply with all requirements of the City's agreements with any other entity
which concern the lands upon which the services are to be provided, upon notice from City.
3.19: SUB-CONTRACTORS:
Sub-contractors are subject to compliance with all terms, conditions, and specifications
contained herein. Sub-contractors are subject to approval by the City of Aventura, at its sole
discretion.
3.20: CONFIDENTIALITY
Bidders are hereby notified that all information submitted as part of, or in support of Bids, will
be available for public inspection after opening of the Bids, in compliance with Chapter 119,
Florida Statutes, popularly known as the "Public Record Law". If there is any apparent conflict
between Florida's Public records laws and this RFP, the law will prevail.
All Bids submitted in response to this solicitation become the property of the City. Unless the
information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the
right to utilize any or all information, ideas, conceptions, or portions of any Bid, in its best
interest. Acceptance or rejection of any Bid shall not nullify the City's rights hereunder.
3.21: MODIFICATION OR WITHDRAWAL OF A PROPOSAL
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a) Modification of a Proposal.
Any modification of a ProposallBid by the Proposer shall be submitted to the
Office of the City Manager's or designee prior to the Solicitation Due Date & Time. The
Proposer shall submit the new Proposal and a letter, on company letterhead, signed by an
authorized agent of the Proposer stating that the new submittal supersedes the previously
submitted Proposal. The sealed envelope shall contain the same information as required
for submitting the original Proposal. In addition the envelope shall be marked with a
statement that this Proposal replaces the previously submitted Proposal. No
modifications of a Proposal shall be accepted after the Solicitation Due Date & Time.
b) Withdrawal of a Proposal.
A Bid/Proposal may be withdrawn only by written communication delivered to
the Office of the City Manager's or designee prior to the Solicitation Due Date & Time.
A Bid/Proposal may also be withdrawn after one-hundred and twenty (120) calendar days
after the Solicitation Due Date & Time, provided that it is withdrawn prior to the
recommendation for award, by submitting a letter to the Office of the City Manager's or
designee at the address identified in this Solicitation. The withdrawal letter must be on
company letterhead and signed by an authorized agent of the Proposer.
3.22: LA TE PROPOSALS, LATE MODIFICATIONS, AND LA TE WITHDRAWALS
Proposals received after the Solicitation Due Date & Time shall not be accepted, opened,
or considered. Modifications of Proposals received after the Solicitation Due Date & Time shall
also not be accepted or considered. Withdrawals of Proposals received after the Solicitation Due
Date & Time or prior to the expiration of One-hundred and twenty (120) calendar days after the
Solicitation Due Date & Time shall not be accepted or considered.
3.23: TERMINATION OF CONTRACT
The City's reserves the right to terminate this any time and for any reason upon giving thirty (30)
days' notice to the other party. If said contract should be terminated for convenience as provided
herein, the City will be relieved of all obligations under said contract The City will only be
required to pay that amount ofthe contract actually performed to the date oftermination. Upon
such payment, both parties shall be relieved of any further obligations under this contract
END OF SECTION 3
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SECTION 4
CITY OF A VENTURA
INVITATION FOR BIDS FOR
BISCAYNE BLVD LANDSCAPE MAINTENANCE
BID #09-07-01-2
TECHNICAL SPECIFICATIONS
A. LOCATIONS OF WORK
1. Accompanying these specifications is an area map defming areas to be maintained. By submitting
a bid, the bidder certifies that he/she is familiar with the sites and the proposed scope of work,
prior to submitting a bid. The City reserves the right to remove specific locations on a temporary
or permanent basis, as deemed appropriate.
B. EQUIPMENT
1. All equipment shall be maintained in an efficient and safe operating condition while performing
work under the contract. Equipment shall have all proper safety devices required by law, properly
maintained and in use at all times. If equipment does not contain proper safety devices and/or is
being operated in an unsafe manner, the City may direct the contractor to remove such equipment
and/or the operator until the deficiency is corrected to the satisfaction of the City of Aventura.
The contractor shall be solely responsible and liable for injury to persons, and/or property damage
caused by operation of the equipment. All equipment will be inspected and evaluated by the City
of A ventura Landscape Architect, prior to award ofthis bid.
A. Special equipment required (in addition to Standard Maintenance Equipment).
1. The contractor must own the following equipment at the time of bid submittal:
*
One (1) 400 gallon portable water sprayer
FDOT Compliant arrow board and 48 FDOT compliant traffic cones
250 feet of 48" tall reflective flexible fencing and installation hardware
Portable Stump Grinder 6" below grade
Underground wiring location equipment
One hydraulic bucket-truck with a reach capacity of no less than 65 feet
One backhoe-front end loader combination machine (equivalent to a
Ford F555 or larger)
One 24 foot vertical man lift (pole cat or equivalent)
One portable brush chipper with 20 cu yard capacity storage truck
Three (3) Utility Box Trucks or Vans
Two (2) portable gasoline generators 5000w min.
One 250 gallon diesel container for emergencies solely for City use
Two (2) fertilizer spreaders
One skid-steer Loader with the following accessories: Tree Boom, Fork,
Bucket and Auger
One Twenty (20) cubic yard capacity dump truck.
(2) Utility carts that can traverse landscaped areas without damaging
plants or irrigation
Two (2) 48" min. swath alternative fuel rotary lawn mowers: use of
alternate fuels IS required; propane, biodiesel, or other approved
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
31
*
alternative fuels other than gasoline.
Four (4) 16" minimum chain saws.
A two-way communication system between all of the contractors service
vehicles and their main office and CITY personnel
*
C. SATELLITE STORAGE AND MOBILIZATION FACILITY
I. The contractor must operate at least one storage and mobilization site within a five mile radius of the
City limits of the City of Aventura, within 60 days of award, as follows:
A. The storage site may be totally enclosed or may be open and surrounded by a six foot
height, lockable, chain-link fence.
B. The storage site must have a minimum of 3,000 sq. ft. area, with a minimum 1,200 sq. ft.
of fully enclosed, lockable, and secure materials storage area, and must be continually
available to the contractor and the City for storage use at no charge from the contractor,
(including delivery and pick-up charges) for the full duration of this contract. The City
reserves the right to inspect tms facility prior to award of bid, and at any time during the
course of this contract. The contractor will have 60 days to secure the storage site after
award of contract.
D. SCOPE OF WORK
1. Contractor shall maintain the contractually covered landscaped areas at the frequency rate
prescribed with conventional production style mowing and lawn maintenance and equipment. A
manicured professionally groomed appearance is the desired result. The City of A ventura
requires the highest and best maintenance standards and practices. The Contractor is expected to
maintain this project "'~th the highest quality landscape maintenance standards possible consistent
with these specifications and industry standards. The Contractors work will be inspected by the
City and the City's Landscape Architect on a regular basis to assure strict compliance with these
specifications. The City's Landscape Architect will meet with the Contractor as needed, but no
less than on a quarterly basis, to review the overall maintenance.
2. Contractor shall maintain all other areas as required by City during the course oftms contract.
3. Contractor shall adhere to City noise ordinance.
E. REGULATIONS AND STANDARDS
1. Contractor shall be responsible for complying with regulations of all local, state, and federal agencies
having jurisdiction over any portion ofthe work to be performed under this contract. The Contractor shall
meet or exceed the applicable requirements of the latest revision to the following codes and specifications
published by the following organizations:
A. FDOT Florida Department of Transportation
B. OSHA Occupational Safety and Health Act
C. EP A Environmental Protection Agency
D. All State and Federal labor standards and practices, as applicable
F. SAFETY
1. Contractor agrees to adhere to and enforce all applicable local, state, federal, and OSHA safety
regulations at all times. Contractor safety includes the use of safety gear, traffic control and
vehicle safety, at the Contractors sole expense.
G. PROFESSIONAL ORGANIZATIONS
32
1. The contractor, as a minimum, must be a member, in good standing, ofthe following organizations:
A. Florida Nursery, Growers and Landscape Association (FNGLA)
B. Tree Care Industry Association (TCIA)
2. The Contractor shall provide proof of membership with the bid submittal, and submit concurrent proof
of membership annually throughout the duration of the contract.
3. In addition, the Contractor must possess the following licenses and keep them current throughout the
term of the contract:
A. Florida Pest Control Applicator License issued by the State of Florida for Lawn and
Ornamentals.
B. Irrigation License from Miami-Dade County
H. DEFINITIONS
1. If the Contractor intends to use sub-contractors to perform any work on this contract, these sub-
contractors are subject to approval by City, at its sole discretion.
2. Maintenance as defined for bid purposes shall include: Litter, trash, and debris removal and disposal;
mowing; edging; hedge trimming; tree trimming; raking; sweeping; weeding, weed-eating, herbicide
applications including preventive and corrective applications, fertilization, insect control including fire
ant control, irrigation system repair, Date Palm maintenance; decorative street banner replacement and
change-outs, landscape lighting maintenance, including, but not limited to, adjusting of timers and
maintaining photo cells, routine painting and maintaining all street and landscape furniture and structures,
including graffiti and daily shopping cart removal and litter pick up and removal seven days per week, as
defmed by the City. City will provide custom paint.
I. SPECIAL CONTRACT REQUIREMENTS
1. DUTIES of the OWNER or PRESIDENT or CHIEF EXECUTIVE OFFICER or CHIEF
OPERATING OFFICER: This position shall be defined as the person who has the authority to make
immediate and binding decisions on behalf ofthe CONTRACTOR (without obtaining any approvals from
others), regarding the disbursement of any resources needed including but not limited to chemicals,
materials, equipment, labor, or otherwise as directed by the CITY. The duties will be performed at no
additional labor or travel charges.
a. Shall be available to attend all meetings with the City within 24 hours of notification at no charge.
b. Shall be available to the City for plan review and landscape consulting at no charge.
c. Shall be available to the City within one (1) hour notification for emergencies at all times at no
charge.
d. Shall be present at all special events, programs and activities as requested by City, and be present
at all planning meetings at no charge.
e. Shall be present and on-site in the CITY EOC in the event of a natural disaster or emergency,
including but not limited to hurricanes, tornadoes, flooding, and other acts of God at no charge.
f. Shall be available to City for routine, weekly, and as-needed inspections of all landscaped areas at
no charge, as directed by City.
g. Shall be available to the City's Landscape Architect for inspections, reviews, and consultation at
no charge.
h. Shall be available via telephone communications on a 24/7/365 basis.
The City shall require ten (10) days written notice when the president/owner will be out of town, and
complete alternate contact information shall be provided at that time, and any alternate shall be pre-
approved at the CITY's sole discretion.
33
2. All of the contractor's employees must wear shirts with orange reflective stripes that identifY the
company name, at all times. Bright orange T-shirts may be substituted at the City's sole discretion on a
temporary basis. Contractor shall have a minimum of one supervisor and three employees on duty at all
times, with normal maintenance equipment and at least one vehicle on-site during normal business hours,
Monday through Friday.
3. Maintenance of traffic must conform to the current edition of the Florida Department of
Transportation (FDOT) Roadway and Traffic Design Standards Indexes, the Standard Specifications for
Road and Bridge Construction and the Manuals on Uniform Traffic Control Devices, as a minimum
criteria.
4. The President/Owner (or as specified in paragraph Gl) must be on 24 hour call, at all times, for
emergency purposes.
5. The Contractor, on an immediate and first priority basis, shall be able to provide the City
minimum of 12 and up to 24 qualified personnel and appropriate equipment on a sustained basis to clear
roads, right of ways, and perform any other work as assigned in the event an emergency or an Act of God
(i.e. storm, tornado, or hurricane) at all times; or as deemed by the City Manager or his designee.
Contractor shall provide sufficient manpower and equipment to provide any emergency landscape
services as needed on a 24/7/365 basis with one hour notification from City. Work includes but is not
limited to roadway clearing, irrigation repairs, extensive clean-up and disposal activities. If needed,
Contractor shall provide housing and provisions for Contractor personnel at their sole expense.
6. The Contractor shall be available to meet with all public utilities to locate all irrigation and
hydraulic lines prior to excavation by the utility company. The contractor is to act as the City's
representative in order to avoid unnecessary damage to irrigation lines.
7. All benches, bus shelters, and trash cans located within the rights-of-way are to be kept clean,
free of graffiti and stains from mineral deposits, and all trash receptacles are to be emptied on a daily
basis, seven days per week. This means all trash receptacles and street furniture are to be cleaned and
emptied on a daily basis (7 days a week including all Holidays). This includes regular painting and/or
polishing as assigned. City shall provide paint.
8. No fuel, oils, solvents, or similar materials are to be disposed of in any catch basins. The
contractor must closely adhere to local, state, and Federal Environmental Protection Agency and NPDES
requirements, and is responsible for all non-compliance penalties.
9. All structures, signs and monuments, located on City medians or rights-of-ways shall be checked
for graffiti and cleaned weekly.
10. The Contractor must have substantial experience in the landscape and irrigation maintenance of
public rights-of-way including medians and high traffic roadways. This experience must include a
minimum of five years experience in this type of work, including the maintenance of a McPipe or similar
sub-surface irrigation system. Proof of such shall be required at bid submittal.
11. Aerial spraying of trees, with the exception of Royal Palms and Ficus, is prohibited due to
extensive bird and wildlife habitat located on the golf course.
12. The contractor, at his satellite storage facility, must maintain an adequate supply of lumber for
bracing of fallen trees, as follows:
1. 2 x 4's x 16' length (minimum quantity - 36)
2. 3 x 5's x 8' length (minimum quantity - 36)
34
J. CONTRACTOR STAFF TRAINING AND EXPERIENCE
1. The Contractor will provide staff able to perform work at the highest standards of horticultural
excellence. Key staff shall have current knowledge of best management practices regarding: safety,
hazardous materials spill response, plant health, pruning, integrated pest management, pesticide
application, and irrigation maintenance. The City reserves the right to demand the replacement of
Contractor's staff who do not meet the City's standards for safety, professionalism, or horticultural
knowledge.
2. All work shall be performed under the direct on-site supervIsIOn of a qualified landscape
professional with a minimum of five years combined horticultural education and experience. All
supervisory personnel must be able to communicate effectively in English (both orally and in writing).
The supervisor assigned must be identified by name to ensure coordination and continuity.
3. All irrigation maintenance and repairs shall be performed by, or under the direct supervision of a
Certified Inigation Technician.
4. All pesticide applications shall be performed by a Contractor (or sub-contractor) licensed and
insured as a State of Florida Licensed Commercial Applicator. In addition, the staff doing the pesticide
application shall be licensed as Commercial Operators. License numbers will be provided to the City
prior to award of Contract.
5. All pruning will be performed by, or under the direct on-site supervision of, staff with proper
documented education and training in proper pruning techniques. Pruning of trees greater than six inches
DBH (except Ficus) will only be performed under the supervision of an ISA certified Arborist.
K. REQUIREMENTS FOR IRRIGA nON SYSTEM MAINTENANCE:
1. The Contractor is to be expected to knowledgeable and familiar with the existing irrigation
systems at the time of bid submittal and is responsible for the repair of all components to insure a
continually efficient irrigation system. This includes the adjustments of the controllers to insure the
correct amount of precipitation necessary for viable vegetative growth, always following any South
Florida Water Management District drought guidelines. Contractor is to visually inspect all irrigated
areas once per week to identify potential leaks as evidenced by water related plant stress, surface water,
broken or damaged equipment, and paved surfaces and walls affected by irrigation spray. In addition,
Contractor is to perform wet tests twice per month, or more frequently as required by the City, at its sole
discretion, and meter readings to verify viability of systems at least twice per month, ~ith reports
submitted to City in writing indicating proper operation of each zone, required repairs, additional costs
and updated run time per zone.
2. The irrigation system on the west side of Biscayne Boulevard and adjacent to N.E. 203rd Street is
a conventional, above ground, city water irrigation system fed by 8 City water meters. The irrigation
system consists of Toro solenoid valves, Febeo vacuum breakers, Taro Custom Command and Rainbird
ESP controllers, and Taro irrigation heads.
3. The irrigation system in the median islands is a city water McP drip irrigation system with McP
drip pipe installed 24" apart, with in-line filters. The control system is one four station Altec solar
powered controller per median for the 4 most southern medians. Each controller has an Altee rain sensor
with a Lesa micropower sensing actuator. All filters and lines are to be flushed, cleaned, and maintained
monthly, or as required to maintain the required water flow. The remaining medians are controlled by
Taro Custom Command and Rainbird ESP Controllers.
35
4. All valves, controllers, heads, and other components must be maintained on a regular basis at no
additional charge. This will include, but not be limited to, the adjustment of the throw of water of
irrigation heads so as to minimize or eliminate the throw of water onto the public roadway, and the
checking of breaks.
5. All irrigation breaks or malfunctions must be repaired by the Contractor within 24 hours
notification by City (including weekends). This includes all vehicular damage to irrigation and/or
landscape materials. Furthermore, all damages noticed by Contractor shall be reported to City within 24
hours.
6. Irrigation repairs and maintenance shall not be sub-contracted. Contractor shall have sufficient
labor, materials, tools, equipment, and qualified and certified supervision to adequately maintain
irrigation systems to City's specifications and be approved by the City's Landscape Architect. Contractor
shall not charge City labor charges for routine repairs, inspections, and maintenance.
L. IRRIGATION REPLACEMENT, REPAIR & RETRO-FITTING
1. The contractor, at his expense, will be responsible for the proper replacement, repair, or retro-fitting of
all irrigation components. The wholesale cost of parts only will be borne by the City, with proper
documentation and approval by the City's' Landscape Architect and/or City's' staff. Labor costs will be
paid by the City at the contract approved hourly rates only if the work is required after hours.
2. All repairs to the system shall be identical to the original installation, unless approved otherwise in
advance by the City. If a change to the installation or material will result in lower future maintenance
costs, less frequent breakage, or an increase in public safety, request authorization, in writing, to make the
change from the City.
3. Replacement of system components shall be the same manufacturer and model as original equipment,
or better as authorized by City.
M. DELIVERY, STORAGE, AND HANDLING
1. Deliver fertilizer materials in original, unopened, and undamaged containers showing weight, analysis,
and name of manufacturer each delivery time. Store in manner to prevent wetting and deterioration.
N. FERTILIZER REGULA nONS
1. Contractor shall adhere to the fertilizer programs described below. The intent is to use the minimum
amount of fertilizers necessary to produce a healthy, vigorous and attractive landscape. Contractor shall
perform a soil fertility test at least twice per year or before major fertilization as designated below. The
soil samples shall be taken in a variety of locations (6 minimum) to determine the need for soil/plant
nutrients before applying the fertilizer. The primary goal is to apply fertilizer only if the soil is without
adequate nutrients for plant vigor. The fertilization needs may be adjusted based on the results of the soil
sampling and prior approval by the City. Soil testing will be performed at no additional cost to City.
Submit copies of soil test to City and City's Landscape Architect prior to start of fertilization. Based on
soil testing, fertilization composition and frequency may need to be adjusted.
O. MATERIALS
I. Fertilizer and insect/disease control materials (all rates as established by accepted horticultural
standards, manufacturer's recommendations, soil testing, and as approved by City's Landscape Architect).
A. Lawn
36
1. February - Apply granular 20-0-20 with Atrazine or approved equal.
2. May - Apply liquid 16-4-8 with micro-nutrients and Telstar or equal insect
control.
3. September - Apply liquid 16-4-8 with micro-nutrients and Telstar or equal insect
control.
4. December - Apply granular 20-0-10 with Atrazine.
5. The Spring thru Fall application rates for lawn areas will vary according to
weather and environmental conditions, but typically average 75 granular pounds
per 1000 sq. ft.
B. Palms (except Phoenix Dactylifera and Phoenix Canariensis Date Palms)
1.
2.
3.
4.
5.
C. Trees
1.
Apply four applications per year (at quarterly intervals) of liquid 16-4-8 with
micro-nutrients and granular 13-3-13 with micro-nutrients.
The time of the applications will coincide with the lawn applications.
The liquid and granular applications will alternate throughout the year (2
applications of liquid and 2 of granular).
Supplemental Manganese Sulfate and Sul-po-mag may be required to correct
nutrient deficiency.
OTC (Lethal Yellowing) injections, as required.
Three applications per year of 13-3- 13 granular fertilizer or approved equal.
D. Shrubs and Groundcover
1. Four applications per year (each three months). Flowering shrubs are to receive
applications of granular 8- 10- 10 SCD with micro-nutrients supplemented with
liquid 16-4-8 with micro-nutrients. Non-flowering shrubs are to receive
applications of granular and liquid 16-4-8 with micro-nutrients. All Ixora species
shall receive TRl-NITE (or equivalent) w/minor elements fertilizer.
E. Seasonal Color
1. Apply one initial and one "mid-term" application of Nutricote total 70 day 13-3-13
fertilizer for each seasonal color planting.
2. Apply Snapshot pre-emergent herbicide to seasonal color planting bed at each
seasonal color change.
F. Phoenix Dactylifera (Date Palms)
1. Fertilization: Palms to be fertilized four times per year in the months of
February, May, August, and November. Fertilizer to be 12-6-8 SCD with minor
elements. The rate of application shall be 10 pounds per palm per application.
2. Disease Control: Three times per year all palms will be treated with a
systematic fungicide(s) which is labeled for Fusarium, Pithium, and
Phythophthora. These applications will be performed as a root drench during
the months of March, July, and November and are considered to be preventive
maintenance.
3. Observation: It shall be the contractor's obligation to perform regular monthly
inspections of the palms and report to the City any site condition which may be
detrimental to the health and vitality of the palms. Further, the Contractor is
responsible to report the development of disease or other problems along with
37
recommended solutions. These reports are to be written and should be received
by the City no later than ten days after each inspection. It is required that the
City be notified in advance of planned activities in order to allow them to
witness and record the applications.
G. Inspect and disease activity, other than Date Palms, will be treated on an "as-needed"
basis upon inspection. Required service calls between scheduled maintenance will be at
Contractor's expense.
P. HERBICIDES/PESTlCIDES: All herbicide/pesticide applications will be applied only by a
State of Florida and Dade County licensed pesticide applicator. Proof of license must be supplied to City
prior to start of work. All MSTD data and other available documentation must be supplied to the City
prior to any application. Application schedules shall be submitted to the City lO days prior for approval.
1. Trees and palms within lawn area: Spray area 2" away from trunk with Round-up by Monsanto
Manufacturing Company. Do not spray tree leaves, suckers, or open wounds. Do not use weed-eater for
trees and palms within lawn area. (Do not spray herbicide near Phoenix Date Palms).
2. All weeds that appear within sidewalk or curbing expansion joints are to be continually controlled
through the use of herbicide.
Q. PREVENTIVE SPRAY FOR INSECT CONTROL
1. Lawn: Spray all lawn areas as required, for control of all chinch bugs, anny worms, sod webworm,
fungus, and other pests. Spraying shall be accomplished (at Contractor's expense) by State of Florida and
Dade County licensed pesticide control company, using Integrated Pest Management Principles.
2. Shrubs: Spray shrubs and ground cover (excluding bougainvillea), as needed, with Orthene by Ortho
Manufacturing Company. Follow manufacturer's instructions for application, using Integrated Pest
Management Principles.
3. OTC (Lethal Yellowing) injections: Upon evidence oflethal yellowing, immediately begin (4) gram
injection, per palm, of OTC tree injection formula (Tree Saver Inc. or equal). Follow manufacturers
recommendations re: injection method and frequency.
4. Red Eye Royal Palm Bug: Upon evidence of deterioration of the head of the palm, begin a 5 gallon
per palm soil drench with Merrit soil drench. Perform a second soil drench within 21 days. Follow
manufacturer's recommendations re: installation methods.
In some heavy infestations, a foliar application of Cygon is recommended for immediate results. Drench
head of palm until runoff occurs and repeat foliar spray within 21 days.
5. Ficus White Fly: Upon evidence of deterioration of the Ficus Benjamina and written approval by
City's Landscape Architect along with the City's written authorization, begin a foliar spray with
Imidacloprid Insecticide (which goes by trade names such as Merit) at a rate of 1.5 fl. Oz. (45 ml) per 100
gallons of water of all ofthe Ficus Benjamina along Biscayne Blvd. and NE 203rd Street. This spray is to
include a high analysis liquid fertilizer with micronutrients to stimulate growth and create strong and new
root vigor. Recommended fertilizer is 28-0-0 with micro 350 chelated. A non-ionic surfactant is to be
used with all foliar sprays to improve performance of the active spray ingredient and to provide more
uniform distribution on leaf surface. If deemed necessary and approved by City, following the foliar
spray, apply a liquid root drench with Imidacloprid Insecticide (which goes by trade names such a Merit)
at the rate of .1 to .2 fl. Oz. (3-6 ml) per foot of shrub height that will also include a high analysis liquid
fertilizer with micronutrients. Recommended fertilizer is 28-0-0 with micro 350 chelated micronutrients.
Follow manufacturer's recommendations re: installation methods.
38
NOTWITHSTANDING ANY LANGUAGE IN THIS CONTRACT, ALL CHEMICAL
APPLICATIONS SHALL REQUIRE WRITTEN APPROVAL BY CITY PRIOR TO APPLICATION.
CONTRACTOR SHALL SUBMIT YEARLY, QUARTERLY, AND MONTHLY CALENDARS FOR
APPROVAL PURPOSES RELATING TO CHEMICAL APPLICA nONS AND LOCATIONS.
R. MOWERS AND EDGERS
1. All mowers shall be adjusted to 2 1/2" or 3" cutting height as directed by CITY, shall be in good
repair, shall have no oil or gas leaks, and shall be equipped with mulching attacmnents and sharp
blades.
2. All riding or stand behind mowers shall be powered by alternative fuels other than gasoline such as
propane, bio-diesel, and other approved alternative fuels.) Push type mowers should be alternative
fuel powered. All mowers must be mulching-type mowers with no discharge allowed, or all clipping
must be manually removed.
3. All equipment must be maintained in sound working condition in order not to exceed comfortable
decibel levels or as determined by the City at its sole discretion. All equipment shall meet all
applicable manufacturers' safety standards for operation while in use at all times.
4. Edgers shall be in good repair, shall have no oil or gas leaks, and shall provide a clean straight edge
not more than 1/2" away from walks and edge of pavement.
S. MULCH
1. Grade' A' shredded Certified Premium Gold mulch (provide evidence of type and grade of mulch, to
City, prior to delivery, for approval by City's' Landscape Architect).
2. Mulch all planting areas not covered by shrubs, ground cover, or existing mulch (two times per year,
or as directed by City), so as to effect a 2.5" mulch depth.
T. METHODS OF MAINTENANCE
1. Mowing of lawn areas
A. Pick up and dispose of litter within all areas to be maintained (not limited to bags, cans,
and paper) prior to mowing. Contractor shall recycle whenever possible.
B. Use string trimmer for areas not accessible to mowing equipment. Trim around poles,
guardrails, and other fixed objects within road right-of-way.
C. Mow and edge all lawn areas every ten (10) days from October 1 thru April 1 and every
seven (7) days from April 1 thru October 1 (44 cuts)
D. Remove and properly dispose of all grass clippings, leaves, weeds, undesirable plant
growth, and other debris from sidewalks, curbs, gutters, catch basins, medians, right of
ways, and streets.
E. Weekend mowing is not allowed unless specifically authorized in writing by the City,
however, daily (7 days per week) cleanup, as de:fmed in these specifications, is required.
F. Wind-row mowing patterns are not permitted.
G. Only rotary mowers are acceptable with a minimum swath of cut of 60", alternative fuels
are required.
39
2. Edging
A.
B.
3. Trimming
Edge, as required, to maintain a neat, clean appearance.
Maintain shape of planting beds as originally designed.
A. Lift all trees over 20' height and adjacent to walks and vehicular areas to a minimum of
12' of clear trunk. Maintain minimum of 8' clear trunk for all other trees.
B. Trim shrubs and ground cover, as needed, to meet the criteria set forth in FDOT Index
546 (latest revision), which mandates a maximum height of 24" from top of adjacent
pavement.
C. Trim Ficus and Green Buttonwood tree screen (tops and two sides), a minimum of (6)
times per year to effect a solid 10'-15' tree screen, or as directed by City Landscape
Architect. Remove all invasive exotic vegetation from tree screen. Maintain Ficus trees
at a 12' height for a 250' length as directed by the City at NE 191 St.
D. Remove dead and dying fronds from palms, as needed, for clean appearance. Use no
climbing spikes. Trim Coconut Palms (frond and fruit removal) three times per year.
E. Selectively trim existing trees in accordance with Tree Care Industry Association and
Dade County standards and practices, to maintain a minimum of 8 feet of clear trunk.
Remove suckers, shoots, and dead or dying branches. All tree, palm, and shrub pruning
is included in this contract.
H.
I.
H.
I.
J.
4. Weeding
A.
B.
C.
When trimming Phoenix Dactylifera (Date Palm) completely dip trimming utensils in a
solution of 50% chlorine and 50% water prior to moving to adjacent palm.
Do no major tree or shrub pruning between November 1st and March 15th, unless
requested by City.
Maintain integrity of original design when trimming. Do not box plants whose habits of
growth do not lend itself to this type of trimming.
Use no machete for trimming.
Haul away all trimming debris from site, and properly dispose of at contractor's expense.
Hand pull weeds III shrub and ground cover area, as needed to maintain a clean
appearance.
Apply approved herbicides, as needed, to control weeds in sidewalk, decorative paver
bulInoses, curb, catch basins, and gutter areas.
Trees and palms within lawn area: Do not use string trimmers adjacent to trunks in order
to avoid trunk damage. Maintain all tree and shrub beds in a weed free condition by hand
pulling or chemical control, at each maintenance visit. Nut sedges shall be controlled by
a product formulated specifically for their eradication. No green weeds shall be visible in
any landscaped beds on the final day of each month.
40
D. Haul away all trinuning debris from site, and properly dispose of at contractor's expense.
5. Clean-up
A. Using a mechanized low-decibel blower remove all debris from all walks, drives, roads,
and pedestrian areas as often as requested by City.
B. Remove all excess soil, trimmings, debris, and equipment from site after each visit.
C. All debris removed from the City of A ventura is to be disposed of at an EP A and State of
Florida approved dumping site, at Contractor's expense. Contractor to provide City with
report every month detailing total cubic yards of debris and trash collected from right of
ways and streets.
U. PAYMENT
1. The payment process begins when the contractor notifies the Director of Conununity Services or
designee of work completed.
2. The contractor is to notify the Director of Community Services or designees office by 9:00 a.m. of the
following work day regarding work areas completed. Following such notice, the City shall inspect the
maintenance area indicated within 24 hours. If the contractor's performance does not show completion of
maintenance items previously described, the City shall request, and require corrective action to be taken
at no charge to the City.
3. Payment for work shall be authorized upon evidence of completion, and will occur on a monthly basis.
Payment will be made by the 12th of the month for work completed the previous month.
4. Any additional work requested within the scope of work shall be charged at the cost per cut or unit
price rate. The contractor will be given at least 24 hours notice prior to a call for service.
5. NON-CONFORMANCE TO CONTRACT CONDITIONS:
The City of Aventura may withhold payment or reject areas which are found, upon examination, not to
meet the specification requirements. Upon written notifications of rej ection, subject areas shall be
rectified within five (5) calendar days by the vendor at his expense. Rejected areas left longer than fifteen
(15) calendar days will be regarded as abandoned. Rejection for non-conformance, failure to provide
services conforming to specifications, or failure to meet service schedules, may result in the Contractor
being held in default and shall authorize the City to terminate the contract upon notice to the Contractor.
END OF SECTION 4
41
THE CITY OF A VENTURA
;:." '-""
-.
Inaull8 ru::
R1grt-J1..Vi:I y
42
BID FORM
CITY OF A VENTURA
INVIT A TION FOR BIDS
BISCA YNE BOULEVARD LANDSCAPE MAINTENANCE
BID #09-07-01-2
I hereby propose to furnish the goods and services specified in the Invitation for Bid. I agree that
my bid will remain firm for a period of 120 days after bid opened by the City in order to allow
the City adequate time to evaluate the bids.
I certify that all information contained in this bid is truthful to the best of my knowledge and
belief. I further certify that I am duly authorized to submit this bid on behalf of the company
named as Proposing Company and that said Company is ready, willing and able to perform if
awarded the contract.
I further certify, under oath, that this bid is made without prior understanding, agreement,
connection, discussion, or collusion with any other person, firm or corporation submitting a bid;
no officer, employee or agent of the City of A ventura or any other bidder has an interest in said
bid. Furthermore, I certify that the undersigned executed this Bid Form with full knowledge and
understanding of matters therein contained and was duly authorized to do so.
Addendum # L Dated 0 Ie / d h I 09
Addendum # Dated
Addendum # Dated
Attached hereto are the following forms/documents which form a part of this bid:
Attachments
Bid Form
Respondent's Certification
No Bid or Proposal Response
Schedule of Values
Bidder's Qualifications Form
Agency References
Other References
Bid Exception Form
Indemnification Clause
Sworn Statement Pursuant to Section 287.133 (3) (a), Florida Statutes
On Public Entity Crimes
Business Entity Affidavit
Drug-Free Workplace Affidavit
Anti-Kickback Affidavit
Non-Collusive Affidavit
W-9 Request for Tax Identification and Certification
43
LLLK~ s Leu"! d 5 (~ap //)3 l r /7 c..-.
Name of Bidding Company
BY:
./
J1..-U-/<~ /:/Je-/l-,iZ/-t.;b:?O e-r-;e. - Cc- 0
Name & Title, Typed or Printed /
f) (/ d I-I, 330d-/
ddOO n). ,~o Ie Oddj) /--(0 i uuCJo )
Mailing Address
Sworn to and subscribed before me
This ? 0 day of
9u-J-P , 2001'
NOTARY pr1BTT('.!lTATE OF FLORIDA
Notary Public ..."'......" Kurt V. Ingram
State of f 1 Commission #DD723885
'. .,': . . OCT.19,2011
My Commission Ex~~# ~"THRUAnANTICBONDINGCO,j INC.
City, State, Zip Code
(b'Y) "- ?> 9 - '-f 2. J 3
Telephone Number ~/"
Attest K-~~
SEAL BIDDER'S NAME: Lde, I~/l ~ /!49 e.-2:C)r ;)K.-
(if Corporation) COMPANY NAME: L!:E6' L//:}-?7d.5~...J/n.J5J
r/J~
44
CITY OF A VENTURA
INVITATION FOR BID
BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE
IFB #09-07-01-2
RESPONDENT'S CERTIFICATION
CERTIFICATE
(if Corporation)
STATE OF /::- / <:) t:-/ cI c,- )
) SS
COUNTY OF 4 r:-.oc..00-Kd )
I HEREBY CERTIFY that a meeting of the Board of Directors of
the &/C' c :5 ; q /7 ' C I (I
a corporation existing under the laws of-the-Sta of F/o K.. I ti (~ , held on
-::J'I.... /J & 9 , 20Qj: the following resolution was duly passed and adopted:
RESOLVED, that, as \\'e f\<;'vr e. ( of the Corporation, be and is hereby authorized to
execute the proposal dated, O,L) J ale, 200'1 to the City of Aventura from this
corporation and that his execution thereof, attested by the Secretary of the Corporation,
and with the Corporate Seal affixed, shall be the official act and deed of this Corporation
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and afflxed the offlcial seal of
cOJporation on this the ~ ~ h of fy-f) S ~
Secretary
(SEAL)
46
~I'.MB?r
~
TC11\.
~DIC[ or 111H CARr
2950 N. 28th Terrace, Hollywood, Florida 33020
Phone: 954-431-1111 . Fax: 954-433-1111
1-800-284-1112
VEHICLES
1. Grounds Maintenance Dump Trucks: 55
2. Grounds Maintenance Trailers: 35
3. Landscape Installation Trucks: 10
4. Pick up Trucks: 40
5. Pest Control/Fertilization Trucks: 8
6. Irrigation Trucks (400 gal)! Vans: 10
7. Arbor Care Bucket Trucks: 12
8. Arbor Care Chip Trucks: 6
9. 40 Yd. Prentice Loaders: 3
10. 60 Yd. Truck & Trailer Debris Removal: 1
EQUIPMENT
1. Arbor Care Chippers: 10
2. Arbor Care Stump Grinders: 4
3. Aerial Lifts (Polecats): 3
4. Backhoes: 4
5. Skid Steers: 6
6. Komatsu Wheel Loader: 1
7. 250 Gallon diesel container: 1
8. FDOT compliant arrowboard: 1
9. FDOT compliant traffic cones 60
10. Underground wiring location equipment: 1
11. feet of reflective fencing: 1,000
12. Utility carts: 5
13. Chain saws: 60
GROUNDS MAINTENANCE EQUIPMENT
1. Riding Mowers: 52
2. Walk Behind Mowers: 35
3. Small mowers: 65
4. Hedge Trimmers: 145
5. Edgers: 115
6. Weed Eaters: 215
7. Back Pack Blowers: 85
8. Fertilizer spreaders: 10
9. 48" min. swath alternative fuel mowers: 4
10. Verizon wireless cellphones: 200 +
CITY OF A VENTURA
INVITATION FOR BID
BISCAYNE BOULEVARD LANDSCAPE MAINTENANCE
IFB #09-07-01-2
SCHEDULE OF VALUES
BISCA YNE BOULEVARD LANDSCAPE MAINTENANCE
NOTE: The quantities shown in the Schedule of Values are an estimate only. They may vary significantly from the
actual quantities ordered by the City. Payments shall be for the units ordered, placed, and accepted by the City. The
Bidder, by signing this Bid Form and Contract, fully acknowledges that he/she will receive no additional
compensation (no overhead/no anticipated profits, etc.) other than the bid unit price of the items times the number of
items authorized, ordered, placed, and accepted by the City.
ITEM Item Six Month cost Six Month cost TOTAL COST Cost per
# for Maintenance for Maintenance PER 12 additional cuts
April-Sept. Oct.-Mar. MONTHS
I Biscayne Blvd. from the Southern $ $ $ $ ~
limits to the Northern City limits
including N.E. 203rd St., the
F.E.C. Right-of-Way along qS;cYoO.OO .J:L ~ ax:> , ('X) ;.:::- f?- E c-
Biscayne Blvd. I g~) 000,00
2 Seasonal Color Replacement, 4 Unit price shall be delivered and in-place: includes removal of prior
'I," pot, full 16,800 x 3 changes season's flowers, fertilization and pre-emergent berbicide as per
per year specifications.
$ /k / ~ x 50,400 per year = $ 6-9. i/ 1.:1100 TOTAJL("f. Lj 1,;J~C4.
3 Merit Soil Drench for Royal Per Application
Palms (One application per year) $00 /, ~ ~)D . 00
$ x 230 Royal Palms = $ I , - TOTAl./, 15V.- .
4 Cygon Foliar Spray for Royal Per Application
Palms (One application per year) $ 0':00 DO 00
x 230 Royal Palms = $ Ii 1,5D, TOTAL J) 16"'27,
5 Phoenix Dactylifera Maintenance Per Application
(Three applications per year) i.JD 00 .. C)(;.) -.... 00
$ f. x 126 Date Palms x 3 = $~ It} O. TOTAI/.:5) / ()O,
6 Gold Premium Shredded Mulch, Per 100 cubic yards delivered and installed in place:
Grade "A" or better / rf. 00 = $ 9..:1: i!/ 00, 0
delivered and installed in place $ 1 'O~ x 50 [) ~ ___ c:>O
TOTAL ;.f- 000,
BASE TOTAL BASE BID 29g;
BID Total of Items 1 throueb 6 $ y"?~. 00 BASE BID TOTAL
constitute tbe Base Bid ,
City of Aventura IFB # 09-07-01-2
Addendum No. I
Friday, June 26,2009
3
ADDITIONAL SCHEDULE OF VALUES
A One Landscape Foreman Per Hour 8:00 a.m.-4:30 p.m., Mon.-Fri. =$ !} -1, 6-0
Per Hour for all other times =$ 'flsdS-
B One Landscape Laborer Per Hour 8:00 a.m.-4:30 p.m., Mon.-Fri. =$ / &-' 00
Per Hour for all other times =$ ;2 '?-,OO
C One Front-End loader with Per Hour =$ 6"'1:). 0 0
Backhoe including Operator /fOOl 00
Per Day =$
Per Week = $ I, hot),oo
Per Month = $ ~ floo, CJ {)
D One min. 15,000 GYM Dump Per Hour =$ ,.1 s;. t) 0
Truck with Operator ~ frO' OD
Per Day =$
Per Week =$ I L../ 00, 00
I
Per Month = $ if; ~OO, 00
E Rate for (1) water tank, min. 500 Per Day =$ /S7:::> , 00
gaL capacity, with pump and hose
reel Per Week =$ ':{ SUo 00
Per Month = $ 3; 000, 00
F Rate for Topsoil (70/30 mix)
delivered and installed in place Per CY =$ 3S:- DO
G Rate for Lawn Sand delivered and
installed in place Per CY =$ ju,oO
H Coconut Palm OTC Injection Per Palm
Per Injection = $ /Lf~ 00
1 One Irrigation Repair Specialist Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. = $ 3s-:.0D
Per Hour for all other times =$ ,,j7J, DO
J One Irrigation Laborer Per Hour 8:00 a.m.-4:30p.m., Mon.-Fri. = $ /~, Do
Per Hour for all other times =$ ~7,oo
K Rate for self propelled 24" Deep Per Hour =$ 31.s-D
x 6" Wide Trencher with
Operator Per Week =$ II 360.0 D
Per Month = $ 6-: ij-CDO, 00
City of Aventura IFB # 09-07-01-2
Addendum No. I
Friday, June 26, 2009
4
L Solid St. Augustine Floratam Sod Per
in place for lawn repair Square Foot = $ ; +0
M 500 Sq. Ft. Palette ofSt. Per
Augustine "Floratam" sod Palette = $ C2 00.00
delivered and installed per City
direction
N Rate for One Skid steer Loader Per Hour =$ 35:00
(Bobcat) with Operator ,;J gO, 00
Per Day =$
Per Week =$ /1 L/oO~O ()
Per Month = $ t.f; 5' 00. oD
0 Foliar Spray to combat Ficus Per 9. 96D'OO
Whitefly (6950 If along Bisc. Application = $
Blvd. FEC R/W, 1150 lfalong i
Bisc. Blvd. Ramp to Ives Dairy
Rd. & 1850 If adjacent to NE Per 500 LF
203rd St. overpass walls, north & Application = $ ~-OO,()O
south sides)
P Drench to combat Ficus Per Lf; 9' 1-0-00
Whitefly(6950 If along Bisc. Application = $
Blvd. FEC R/W, 1150 If along
Bisc. Blvd. Ramp to Ives Dairy
Rd. & 1850 If adjacent to NE Per 500 LF d5ur 00
203rd St. overpass walls, north & Application = $
south sides)
Q Plant 3 GaL Clusia rosea 'Nana'
(Dwarf Pitch Apple) and remove Per Plant in place = $ /0/00
old plantings; fertilize
R Plant 3 Gal. Chrysobalanus icaco 9,00
'Red Tip' (Red Tip Cocoplum) Per Plant in place = $
and remove old plantings;
fertilize
S Plant 3 Gal. Conocarpus erectus {loo
'Sericeus' (Silver Buttonwood) Per Plant in place = $
and remove old plantings;
fertilize
T Plant 3 Gal. Euphorbia milii
'Rosy' (Dwarf Crown of Thoms) Per Plant in place = $ /0/ 00
and remove old plantings;
fertilize
U Plant 3 Gal. Duranta erecta 'Gold 900
Mound' (Gold Mound Duranta) Per Plant in place = $
and remove old plantings;
fertilize
V Plant 3 Gal. Ficus microcarpa
'Green Island' (Green Island Per Plant in place= $ / /, 00
Ficus) and remove old p1antings;
fertilize
City of Aventura IFB # 09-07-01-2
Addendum No.1
Friday, June 26, 2009
5
W Plant 3 Gal. Ixora 'Nora Grant'
(pink Ixora) and remove old Per Plant in place= $ I U, 00
plantings; fertilize
X Plant 3 Gal. Ixora Petite (Red
Taiwan Dwarf lxora) and remove Per Plant in place= $ 10,00
old plantings; fertilize
y Plant 3 Gal. Jasminum volubile q~oo
(Wax Jasmine) and remove old Per Plant in place= $
plantings; fertilize
Z Plant 3 Gal. Pittosporum tobira 9;00
'Variegata' (Variegated Per Plant in place= $
Pittosporum) and remove old
plantings; fertilize
AA Plant 3 Gal Ruellia brittoniana
(Mexican Bluebell) and remove Per Plant in place= $ 9-00
old plantings; fertilize
BB Plant 3 Gal. Scheftlera arboricola
'Trinette' (Arboricola) and Per Plant in place= $ / 0,00
remove old plantings; fertilize
CC Plant 7 Gal. Clusia guttifera 3~oo
(Small-Leaf Clusia) and remove Per Plant in place= $
old plantings; fertilize
DD Plant 3 Gal. Tripsacum floridana 9, [) 0
(DwarfPakahatchee) and remove Per Plant in place= $
old plantings; fertilize
EE Plant 3 Gal. Tripsacum 9,00
dactyloides (Fakahatcbee Grass) Per Plant in place= $
and remove old plantings;
fertilize
FF Plant 3 Gal. Muhlenbergia 9..00
capillaris (Muhly Grass) and Per Plant in place= $
remove old plantings; fertilize
FP Plant 3 Gal. Hamelia patens
'Compacta' (DwarfFirebush) and Per Plant in place= $ t:l,o D
remove old plantings; fertilize
HH Plant 3 Gal. Hamelia patens ~oO
(Firebush) and remove old Per Plant in place= $
plantings; fertilize
II Plant 3 Gal. Chrysobalanus icaco 9--00
'Horizontal' (Horizontal Per Plant in place= $
Cocoplum) and remove old
plantings; fertilize
11 Plant 1 Gal. Helianthus debilis 1,) 16-
(Dune Sunflower) and remove old Per Plant in place= $
plantings; fertilize
KK Plant I Gal. Arachis glabrata 4~ 16-
(perennial Peanut) and remove Per Plant in place= $
old plantings; fertilize
City of Aventura IFB # 09-07-01-2
Addendum No. I
Friday, June 26, 2009
6
THE REMAINDER OF THIS P AGE INTENTIONALLY LEFT BLANK
CONTRA.CT EXTENSIONS: The City of Aventura hereby requests bids for a three (3) year contract
for supplies and services. In addition, the City reserves the right to extend this contract for one additional
three (3) year term, providing both parties agree, that all the terms, conditions and specifications (except
for the itemized and unit prices as contained in the Schedule of Values, which shall be negotiated in good
faith) remain the same and the extension is approved by the City Manager.
BIDDER OFFERING FIRM PRICES FOR THE INITIAL THREE YEAR CONTRACT PERIOD:
YES ~ NO
BIDDER TO INDICATE IF HE WOULD BE WILLING TO EXTEND THIS CONTRA.CT FOR A
SECOND THREE YEAR TERM: YES...-- NO
Lu--J< 0 h9 c.~ t2-t;q 2:2:-q ~ -- ~ L 0
Bidder Name and Title
~KCf)' l--a/Jd:SC!-CLp/~/ rr7G
Company Name
dd-OO rUt 30 Ko/Jd /-Ioll'ft.-Uoo~ /::/~ 330d-/
. )
Address
c96-:Y- /f'3/-) / 1/
Phone
City of Aventura IFB # 09-07-0]-2
Addendum No.1
Friday, June 26, 2009
7
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO: City Commission
BY: Joanne Carr, AIC
Community Develop
DATE: July 30, 2009
SUBJECT: Request of 5 AV, LLC for Final Plat Approval
Aventura Villas Development
NE 34 Avenue at North Country Club Drive, City of Aventura
(01-SUB-09)
September 1, 2009 City Commission Meeting Agenda Item 5 - b
RECOMMENDATION
It is recommended that the City Commission approve the final plat for the
Aventura Villas development.
THE REQUEST
The applicant, 5 AV, LLC, a Florida Limited Liability Company, is requesting Final
Plat approval of the subject property with the intent of replatting a portion of Tract
"F" of First Addition Biscayne Yacht and Country Club. (See Exhibit #1 for Letter
of Intent)
BACKGROUND
OWNER OF PROPERTY
5 AV, LLC, a Florida Limited Liability Company
LOCATION OF PROPERTY
North side of North Country Club Drive and the
east side of NE 34 Avenue
(See Exhibit #2 for Location Plan.)
SIZE OF PROPERTY
Approximately 0.51 acres
LEGAL DESCRIPTION
A replat of a portion of Tract F of First Addition
Biscayne Yacht and Country Club, (Plat Book
89, Page 100) in Section 35, Township 51
South, Range 42 East, City of Aventura,
Miami-Dade County, Florida (See Exhibit #3 for
full legal description)
DESCRIPTION
The applicant proposes to replat a portion of Tract "F" on the plat of First Addition
Biscayne Yacht and Country Club. The property is located on the north side of
North Country Club Drive and the east side of NE 34 Avenue and was formerly a
private park. The applicant received administrative site plan approval for five (5)
single family homes on this site on June 27, 2007. Administrative site plan
revision approval was issued on September 25, 2007. The administrative site
plan approval has been extended in six month increments as provided by City
Code and will currently expire on January 27,2010.
On February 7, 2008, the City approved the tentative plat for the site. The
tentative plat was approved, with standard conditions, by Miami-Dade County on
October 17, 2008.
The purpose of the replat is to extinguish a drainage easement that runs
diagonally through the property. This easement is dedicated on the original plat.
A platted easement can only be extinguished by replat. A new easement that
runs along the west and north boundary of the site has been conveyed to the City
by the applicant. A copy of the new easement that was recorded in the Public
Records of Miami-Dade County on September 16, 2008 in Official Records Book
26570, Pages 932-938 is attached as Exhibit #4 to this report.
The applicant has removed the drainage pipe from the existing easement and
has reinstalled the pipe along the westerly and northerly boundary within the new
easement conveyed to the City. The drainage work has been completed by the
applicant and has been accepted by the City Engineer.
The proposed final plat is attached as Exhibit #5 to this report.
ANAL YSIS
Site Plan - The final plat submitted for approval is in conformance with the
approved tentative plat and administrative site plan approval.
Zoning - The site is zqned RS2, Residential Single Family District, according
to the City of Aventura Zoning Map.
2
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Medium High Density Residential.
Access - The site is located at the intersection of two public streets, namely,
North Country Club Drive and N.E. 34 Avenue. The development plan approved
through administrative site plan approval shows access from NE 34 Avenue.
Compliance with City Code - The final plat has been reviewed by the City
Surveyor and City staff using the criteria in Section 31-78 of the City Code and
has been found to comply with those criteria.
3
Bilzin Sumberg
Clp EYS AT LAVv
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Brian S. Adler, Esq.
Tel 305.350.2351
F3X 305.351.2206
badler@bilzin.com
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February 3, 2009
VIA FEDEX
Joanne Carr, Community Development Director
City of Aventura
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: 5 AV, LLC
Application for Public Hearing for Final Plat
Dear Ms. Carr:
Please consider this our formal letter of intent in connection with an application for public
hearing for final plat.
As the Department is aware, our client received development approval through
Administrative Site Plan Approval Revision 04-SP-06 for the development of five single family
residences on the property located at 20605 N.E. 34 Avenue (the "Property"). The Property
was previously platted. However, a drainage easement was dedicated as part of the original
plat. The sole purpose of the plat is to relocate the drainage easement to a location, approved
by DERM, which allows for the development of the Property in accordance with the site plan
approval at the City.
Therefore, we respectfully request that the application be scheduled for public hearing,
and we respectfully request the City's approval of the public hearing application.
In connection with this application, I attach the following:
1. Executed Application for Public Hearing for Final Plat.
2. Certificate of Resolutions from Miami-Dade County dated May 9,2006.
3. Set of mailing labels, along with an Affidavit of Mailing.
4. Miami-Dade County Plat Committee Notice of Action recommending approval of
the plat.
5. July 12,2007, no objection letter from AT&T Florida (BeIlSouth).
6. July 11, 2007, no objection letter from Comcast.
MIAMI 1739425.1 7676824932
Exhibit 1
01-SUB-09
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500. Miami, FL 33131-5340 TeI305.374.7580 Fax 305.374.7593
'.AlWiN bHz;r:.c;arr
Joanne Carr, Community Oevelopment Director
February 3, 2009
Page 2
7. July 25, 2007, FPL sufficient capacity letter.
8. June 5,2007, Miami-Dade County Water and Sewer Department availability
letter.
9. June 20,2007, no objection Miami-Dade County Water and Sewer Department
letter.
10. June 29, 2007 letter of availability from Teco Peoples Gas.
11. Twelve (12) prints of the final plat for the City of Aventura to review.
12. Twelve (12) copies of the boundary and topographic survey with a tentative plat
overlay.
I also enclose check No. 1280 drawn on the account of 5 A V, LLC. in the amount of
$5,100.00 representing the City's fee for the plat application.
Thank you for your attention to the foregoing. Should you have any questions, please
do not hesitate to contact me at 305-350-2351.
~7iUlv;'
Brian s.:r
BSNmp
Enclosure
MIAMI 1739425.1 7676824932
~. BILZIN SUMBERG BAENA PRICE & AXELROD LLP
BROWARD COUNTY
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Exhibit 2
01-SUB-09
LEGAL DESCRIPTION
A parcel of land described as a portion of Tract F of FIRST ADDITION TO BISCA YNE YACHT AND
COUNTRY CLUB, according to the Plat thereof, as recorded in Plat Book 89, at Page 100, of tIle Public
Records of Dade County (Now Miami-Dade Count)'), Florida, more particularly described as follows:
"
Commence at the West l/4 corner of Section 35, Township 51 South, Range 42 East, City of Aventura,
Miami-Dade County, Florida; thence South 02 '00'25" East for 1.60 feet to a point of curvature of a circular
curve concave to tbe Northwest; thence along the arc of said curve, having a radius of 1091.35 feet and a
central angle of 10019'43" for] 96.74 feet to a point on said curve; thence South 81.40'42" East on a line
radial to the point 011 curve for 50.00 feet to a point on the boundary of said Tract F; thence South 08.] 9'18"
West for] .69 feet to the Point of Beginning of said parcel of land; thence along the boundary of said Tract
F for the following three (3) courses; (1) thence continue South 08.19'18" West for 96.00 feet to a poil!t of
curvature of a circular curve concave to the Northeast; (2) thence along the arc ofsaicl curve, having a radius
of 50.00 feet and a central angle of 90'00'00" for 78.54 feet to the point oLtangency; (3) thence South
81.40'42" East for 1 06.00 feet to a point on said boundary of Tract F; thence North 08019'18" East for 146.00
feet; thence North 81040'42" West for 156.00 feet to the Point of Beginning.
Exhibit 3
01-SUB-09
Ilnlll 1111I11111 lilll 11Ii1 11111 Ifill illi UII
iC: r:" Q"'.~ ~~~ (); () ~~~~ F~;: () .'~,?' :::; 'is. 'S;i: 'i:~::~' :::2
Dr;: Bk 2{}:5~'/O p.:.:~::. O~'32 i?~:~:8f (7P::!:?;i
REC{J!~DED {l9/16{i)008 14~57:27
DE:ED DOC l'A:< O~60
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i-i ;~\~!;I:D;~::~:~' I \~~() u;':i~ .~: !1~'KFUi~: ~~:g~: y,' r
'TIlis instrument was prepared by and
when recorded retum to:
Brian S. Adler, Esq.
Bilzin Sumberg Baena Price
& Axelrod LLP
200 South Biscayne Boulevard, Suite 2500
Miami, Florida 33]31-5340
DRAINAGE EASEMENT
On this Il.-day Of~ 2008, SA V, LLC, a Florida limited liability company,
having an address of 501 Brickell Key Drive, #103, Miami, Florida 33131 (hereinafter
"Grantor") in and for the consideration of the sum ofTEN DOLLARS ($10.00) and other good
and valuable considerations, the receipt whereof is hereby aclmowledged, does hereby grant and
convey to the City of A ventura, a municipal corporation of the State of Florida, whose address is
19200 W. Country Drive, A ventura, Florida 33180 (hereinafter "City"), its successors ~md
assigns, a non-exclusive perpetual drainage easement ("Easement") lmder, over, and upon the
following describeo real propeliy CPropelil') located in the City of A ventura, to-wit:
SEE EXHIBIT "A" ATTACHED
together with (i) the right to constlUct, reconstruct, remove, maintain, operate, improve, add to,
and repair such facilities and appurtenances in or on said Property which may be required for the
full enjoyment of the rights herein granted; (ii) the right of the City to assign the rights herein
granted and conveyed to any recognized public utility or municipality; (Hi) the right of ingress
and egress to said Propeliy at all times; (iv) the light to keep the Property cleared of obstlUctions
MIAMI] 6 12985.4 7676824932
Exhibit 4
01-SUB-09
.....
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Drainage Easement
Page 2
within the easement area; and (v) further providing that the Grantor shall not erect or place any
building or tree on the above-described Propeliy.
1. Grantor hereby represents that it is the fee simple owner of the Property.
2. Grantor may, for its own purposes, utilize the Property and shall retain a right of free
ingress and egress under, over and upon the Property; provided that, in no event, shall any of the
rights herein reserved to Grantor impede the Easement herein granted or the exercise of the
lights of use thereunder.
3. The provisions of this Easement shall be binding on the parties hereto and their respective
successors and assigns as a covenant l11illling with and binding upon the servient estate.
4. This Easement shall not be released or amended without consent of the City as evidenced
by a document in recordable fonn.
5. This Easement shall be recorded in the Public Records of Miami-Dade County, Florida.
Page 2 of4
MIAMI 16]2985.4 7676824932
Drainage Easement
Page 3
IN WITNESS WHEREOF, the GRANTOR has executed this instrument 011 the -/2- day of
A5\)S-\- ,2008.
Signed, sealed and
delivered in the presence of:
5A V, LLC
By: SNB Management, Inc., a Florida
corpo ation, . 1anaging member
Witnesses:
By:
~ec-
Print Name: ?..../.' , e"".,...,
~ <3o-~~ -
Print Name: E. r:<- g<J'\j,,",
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing inst11l111ent was acknowledged before me this /J.- day of
A USU<.'1 , 2008 by Seth Berger, as President of SNB Management, Inc., a
Florida corporation and the managinymember of SA V, LLC, a Florida limited liability company,
OJ1 behalf of the company, who ~ is personally known to me or LJ has produced
as identification.
NOTARY SEAL
NOTARYPt!k. df~FLORIDA
.~;o ',~I. ~~s(/C> OLGA GAAFALS
.' . MY COMMISSION # DD 514970
.. -I<
. EXPIRES: March 3, 2010
<!' ,..
-':,r~ ofi'<> Bonded Thru Budget Notary Services
< OFf\.
Printed Name
Page 3 014
MIAMI 1612985.4 7676824932
Drainage Easement
Page 4
The foregoing Drainage Easement and all of its agreements, tenDs, conditions and
ns are hereby accepted at the City of A ventura, Florida, this Of '4 day of
,20~
ENTURA
Date:
~', -
,2008
Approved as to fom1 and legal sufficiency on
this ~day of iff- ' , 2008.
;--rl ~ ~
City Attomey
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Page 4 of4
MIAMI 16] 2985.4 7676824932
EXHIBIT A
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5~100
15.0
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P,O.C.
Wi:ST 11~ CDRNER
Si::CTION 35.51-'12
N.E. 207th STREET
S04"12'26"E 1.60'(0)
S02'OO'25"E 1.60'(R)
25
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GRAPHIC SCALE IN FEET
/..t'GE'IIC/J
rt .. CeNTER LINE
(C) .. C/iLCUL/i reo
" .. cENmAI. ANGLE (D!!L TA)
L .. LENGTH {WHEN USED IN CURVE DI\TIIJ
O.R.D." OPFICIIiL RECORDS BOOK
PG. cpAGE
1'.8. ..PI......TIJOOJ(
1".0.13. = POINT OF BEGINNrNG
P.O.C. c PO/NT OF COMMENCEMENT
P.C. .. POINT OF CURVIi TlJRE
P. T. ~ POINT OF TANGENCY
P.e. T. " PO/NT OF TERM/NIt rlON
R E llAo/us
(R).. ReCORD (p.B. as, PG. 100)
SEC. .. SECTION
Tan'" TANGENT
----
THIS DOCUMENT CONSISTS OF THReE (3) PAGES AND EACH
PAGE SHAll NOTBECoNSJDEREDFI,lLL. VALID AND COMPLETE
UNLESS A TrACHED TO THe OTHERS,
DRAWII,r;: X:\pROJECTS1CTTYOFAVENTURA10011773000D05.LALTA AND BOUNDARYlDWGI001177300 0005.L I!ASEMENrTO BE EXTEND.DWG NOT A BOU NDARY SURVEY
--
mtftl'ODl N.W. 107th 'VE. VILLAS OF AVENTURA DATE: 07/15/0B
, MIAMJ, FL 3.3172-2507 DRAINAGE EASEMENT DRAWN: J.e.FERNANDEZ
, (305) 592-7275 SKETCH TO ACCOMPANY CHECKED: D. W.DEANS
---- JOB NO.: 01-167B.01 0001
FLQRIDA CERTiFICATE OF AUTHORIUnON NUMBER LB2~ LEGAL DESCRIPTION SHEET: 1 OF 3
. ------.- - --. -'- . .---------...--
,<
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LOCATION MAP
NOT TO SCALE
~
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
PROPOSED 15.FOOT WIDE DRAINAGE EASEMENT
VILLAS OF AVENTURA PROJECT
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA
ARTICLE I
DEFINITIONS, GEI~ERALlY:
1. CLIENT: SHALL MIOAN AVENTURA VILLAS, LlC.
2. SJ<ETCH: SHALL MEAN THE GRAPHIC DEPICTION OF THE MAP MADE A PART HEREOf=' AND INCORPORATED HEREIN. REFERENCE 1'0 WHICH IS MADE
FOR A MORE FULL AND COMPLETE DESCll.IPTION THEREOF.
3. SUBJECT PROPERTY: SHALL MEAN ALL THAT LOT, PIECE OR PARCEL OF \.AND INDICATED IN THE LEGAL DESCRIPTION PORTION OF THIS
DOCUMENT, REFi:RENCE TO WHICH IS MADE FOR A MORE FULL AND COMPLETE DESCRIPTION IHEREOF.
4. CITY: SHALL MEAN THE CITY OF A VENTURA, A MUNICIPAL CORPORATION OF THE STATE DF FLORIDA.
5. COUNTY; SHAll MEAN MIAMI.DADE COUNTY, A POLfTlCAL SUBDIVISION OF THE STATE OF FLORIDA, THE NAME OF WHICH WAS CHANGED FROM
'DADE COUNTY"BY Irs ELECTORS ON NOVEMBER 13, 1997 AND CODIFIED BY lTS BOARD OF COUNTY COMMISSIONERS PURSUANT TO COUNTY
ORDINANCE NUMI3ER 97-212. ALL REFERENCES TO INSTRUMENT RECORDED PRIOR TO THAT DATE SHALL REFER TO THE PREVIOUS COUNTY NAME AND
CONVERSELY, ALL REFERENCES TO INSTRUMENTS RECORDED SUBSE~UENT TO THAT DATE (OR MENTION BY COMMON REPORT, AS THE CASE MAY BE)
SHALL REFER TO THE PRESENT COUNTY NAME.
ARTICLE II
LEGAL DESCRIPTION:
A PARCEL OF LAND DE;SCRIBED AS A PORTlOI~ OF TRACT 'F' OF "FIRST ADDITION BISCAYNE YACHT AND COUNTRY CLUB," ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 89 AT PAGE 100 OF THE PUBLIC RECORDS OF DADE COUNTY (NOW MIAMI-DADE COUNTY), FLORIDA, MORE PARTlCULARLY
Dl"SCRIBEDAS FOLLOWS:
COMMENCE AT THE WEST 14 CORNER OF SECTION 35, TOWNSHIP 51 SOUTH, RANGE 42 EASi CliY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; TliENCE
S04'12'2G"E (S02'OO'25'E BY PLAT) FOR 1,60 FEETTO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NbRTHWEST; THENCE ALONG THE ARC
OF l:iAID CURVE, HAVING ^ RADIUS OF 1091.35 FEET AND A CIONTP.ALANGLE OF 10'20'09' FOR 196.87 FEU TO A POINT ON SAID CURVE; 1'HE;~C!: SS'1'ZS'47"E ON
A LINE RADIAL 1'0 THE POINT ON CURVE FOR 50.00 FEET ';'0 A POINT ON THE WEST BOUNDARY OF SAID TRACT'F;"1'HENCE SGll.20'1S'W ALONG SAID WEST
BOUNDARY OF TRACT "I'" FOR 1,G9 FEU TO 11iE POINT OF BEGlNNIN(3 OF SAID PAR-CEL.OF lAND; THENCE CONTINUE soe..20'13"W ALONG SAID WEST
BOUNDARY OFiRACT "F' FOR 96.00 FEIIT TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTliEAST; TH ENCE SOUTHEASTERLY
ALONG SAID WEST BOUNDARY OF TRi.CT "F' AND THE ARC OF SAID CURVE, H"VJl~G A RAOlUS OF SO.OO FEET AND A CENTRAL ANGLE OF 51.31'2710 FOR 50_~
FEET TO A POINT OF TEp,MINATION ALONG THE ARC OF SA!D CURVE; THENCE DEPARTING SAID WEST BOUNDARY OF TRACT"P' AND THE ARC OF SAID CURVE.
N40'46'4S'E ALONG A LINE RAPJAL TO THE LAST DESCRIBED CURVE FOR 1:5.00 FEET TO THE BEGINNII~G OF THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHI:AST; TliEI~CE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 35.00 FEET ANDA CENTRAL ANGLE OF 57.31'27' FOR :35,14
FEU TO TliE POII~T OF TANGENCY; THENCE N06'ZO'1 s"e FOR 81,00 FEH; THENCE se1.39'47'E FOR 49.20 FEET TO A POINT OF INTERSECTION WITH THE
eASTIERl Y UNE OF THE 20-1'00T WIDE DRAINAGE EASEMENT AS SHOWN ON SAID PLAT OF "FIRST ADDITION BISCAYNE YACHT AND COUNTRY CLVBi'THENCE
N26'<la'06'E ALONG SAID EASTERLY LINE OF THE 20-FOOT WIDE DRAINAGE EASEMENT FOR 15.81 FEET; THENCE DEPA~TING SAID EASTERLY LINE OF THE
20-FOOTWIDE DRAINAGE EASEMENT, NB1'39'47"W FOR 69.20 FEET TO THE POINT OF BEGINNJNG.
THIS DOCUMENT CONSISTS OF THREE (3) PAGES AND EACH
PAGE ~HALL NOT BE CONS/DERED FULL, VAL/D ANO COMPLETE
UNLESS ATTACHED TO THE OTHF.RS.
DRA WING: X;lPRDJECTSICJTYOF AVENTURAIODl1773DD DOD5.L ALTA MID BOUNDARYlDWG\ODl1773DD ODDS.L EASEMENT TO Sf EXTEND.DWG NOT A BO U NDARY SURVEY
l'B.ft.f 2001 N.W. 107th AVE. VILLAS OF AVENTURA DATE: 07/15/08
. ; MIAMI, FL 33172-2507 DRAINAGE EASEMENT DRAWN; J.e.FERNANDEZ
, (305) 592-7275 CHECKED; D. W.DEANS
~ SKETCH TO ACCOMPANY JOB NO.: 01-1678.01 000-'
I'l.ORJOA CERllFlCA 1E OF AU1riORIZA 110N NUMBER LB24- LEGAL DESCRIPTION SHEET: 2 OF 3
C~~:~ B~:~~ "?~~~~"-7(~ f,-':G ~:~9;3:8
[L.... l!~;~ ~~.J; .'r n::::l~ ~r-::;'~ (-;'li E:::
ARTICL.E III
.' <;OURCES OF DATA:
THE LEGAL DESCRIP110Ns AS CITED UNDER ARTICLE II WAS CREATED BASED ON THE FOllOWING DATA:
1. THE RECORDED PLAT AS MORE FULLY SHOWN ON THE SKETCH.
t.. THE CURRENT DEED OF RECORD INTO AVENTURA VILLAS, LLC AS RECORD~D IN OFFICIAL RE:CORDS BOOK 2A158 AT PAGE 1752 OF THE PUBLIC
RECORPS OF MIAMI-DADE COUNTY. FLORIDA.
3. PREVIOUS BOUNDARY AND TOPOGRAPHIC SURVEYS CONDUCTED BY P8S&J ASSOCIATED WITH 111E UNDERLYING TRACT.
~, SITE PLAN PREPARED 8Y EDC CORPORATION DATED JULY 9,2008 AS PROVIDED BYTHE CLIENT FOR THE ALlGNMENTOF111E PROPOSED DRAlNAGE
EASEMENT.
5. BEARINGS AS SHOWI~ ON THE SURVEY MAP REFER TO A CALCULATED BEARING OF SD8'20'13"W ALONG THE EAST LINE OF TRACT "F" AS INDICATED ON
THE SKETCH. (RECORD PLAT BEARING S08'19'18'W)
6. THE SI<J:TCH IS INTENDED TO BE DISPLAYED AT A5CALE OF 1 INCH '" 50 FEET. ATTENTION IS DRAWN TO THE FACT 'THAT SAID SCALE MAYBE CHANGED
BY RJ:PROPUCTION. THIS MUST BE CONSIPERt=D WHEN OBTAINING SCALED DATA.
ARTICLE IV
LIMITATIONS/EXPRESS PURPOSE:
1. THE CUENT IS HEREBY ADVISED THAT THERE MAY BE LEGAL RESTRICTIONS ON THE SUBJECT PROPERTY 'THAT ARE NOT SHOWN ON THE SKETCH OR
CONTAINED WITHIN THIS REPORT THAT MAY BE FOUND IN THt:: PUBLIC RECORDS OF MIAMI-DADE COUNTY, THE CITY OF AVENTURA OR THE RECORDS
OF ANY OTHER PUBLIC AND PRIVATE E;NTITIES AS THEIR JURISDICTIONS MAY APPEAR.
2. THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION' DOES NOT REPRESENT A FIE~O BOUNDARY SURVEY OF THE PROPERTY DESCRIBED IN ARTICLE II
AND IS SU8JECTTO sUCH ADJUSTMENTS THAT A BOUNDARY SURVEY MAY REQUIRE.
3. THIS DOCUMENTWAS PREPARED FOR THE EXPRESS PURPOSE OF CREATING A PERIM~RICAL DESCRIPTION OF THE AREA DESCRIBED FOR A
PROPOSED 15-1'00T WIDE DRAINAGE EASEMENT, THE LOCATIOI~ OF SAME WAS DETERMINED 8YTHE CLIENT.
ARTICi..l:: V
CUENT INFORMATION:
THIS "SKETCH TO ACCOMPANY LEGAL DESCRIPTION' WAS PREPARED AT THE INSISTENCE OF:
AVEN1URA VILLAS, LLC
CIO SNB MANAGEMENT. INC.
501 BRICI<E;LL KEY DRIVE
SUITE 103
MIAMI, FLORIDA 33131-2024
ARTICLE VI
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY: THATTHts 'SKETCH TO ACCOMPANY LEGAl. DESCRIPTION' WAS PREPARED UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BEL1EF AND FURTHER. THAT SAID SI<ETCH AND THE DOCUMENTATION APPENDED THEREIN MEETS THE lNTENT OF THE
APPUCABLE PROVISIONS OF THE 'MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,' PURSUANT TO RULE 61G17-6 OF THE
FLORIDA ^D~lNJSTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 OF THE FLORIDA STATUTES.
NOTICE: NOTVAUD WITHOUTTHl: SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA liCENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS
TO SURVEY IMPS AND REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING
PAR1Y OR PARTIES. 'THS DOCUMENT CONSISTS OF MULTIPLE EXHIBITS AND 'TEXT DATA AND EACH PAGE AND COMPONENi THEREOF SHALL NOT Bt;
CONSIDERED FULL, VALID AND COMPLETED UNLESS APPENDED TO THE OTHERS. 'THIS NOlleE IS REQUIRED PURSUANT TO RULE 61 (317-6 OF THE Fl..ORJDA
ADMIN ISTRA'nVE CODE.
r~ '.'
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" ,::_~:.... ,~+ ...te""i>(lc ff..-pf-'...~ f't' ,.
'-n.t'~)' ,..4.,....;I;":t;1~.,.~ ,-7'/! ,,''';' "t. f( ,"'"
. ;.: ';~_r ....(~~~~(~~I;.1.t:<<';;~) \, f';, It .'~':.
J' \; . .,' '.._"y,'.., ..' ,"~,'.f'. Ir.:7 I~
:,.....\~i\;:~:~;,~~~~~i~.~;:;:;:.,
~r. cJ~, ~~ I~:. ,~,' ,'l_' ')~'l'~ ',;"","'1'41-"'
,I'j ~.::-~.I,,-c\ "~'.f';""; ..... ..." .l,.:~;:. . . ...,.:
. l t ":f~.';~ c.r:t:.:_r: ""'l(:":-.~' ....... "";". .l.....~;
. ~~.~.i:i':l'.il ' " ..". \!;!,""~.. ..~~:-.,
''&'"'1''' f','~~~~'!\'?.!..~~n\';;t'\ ...;:~'.',
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1ID20D8-PSS&J, A FLORIDA CORPORA'nON
ALL RIGHTS RESERVED
THIS DOCUMENT CONSISTS OF THREE (3) PAGES AND EACH
PAGE SHAI..L NOT BE CONSIDERED FULL. VALlO AND COMPLETE
UNLESS A ITACHED TO THE OTHERS.
-,.
DRA WING: X:IPROJECTSICITY OF AVENTURA\OOl177300 ooa5.~ALTA AND DOUNDARYIOWGIOOl1773OD 0005.~ EASEMEIVT TO BE EXTEND.OIA/G NOT ABa UN DARY SURVEY
m.~f 2001 N.W. 107lh AV~ VILLAS OF AVENTURA DATE: 07 /15/08
; MIAMI, FL 33172-2507 DRAINAGE EASEMENT DRAWN: J.C.FERI~ANDEZ
.. (.3D5) 592-7275 CHECKED: D.W.DEANS
..... SKETCH TO ACCOMPANY JOB NO.: 01-1678.01 0001
FLORIDA CERTIFlCA7f; Of AU'lHDRIZA llDl-l NUI.\Brn LB2.. , LEGAL DESCRIPTION SHEET: 3 OF 3
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Exhibit 5
01-SUB-09
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APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this
Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized
representative of the individual or entity applying for the Development Permit, which is identified
in the accompanying application, and the owner of the property subject to the application (if
different) hereby lists and identifies all persons representing the individual or entity applying for
the Development Permit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
Stanley B. Price
Brian S. Adler
Douqlas Deans
Attorney
Attorney
Enqineer
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(1V) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS Zz.. DAY OF ~;",i t~---I ,2009.
(Signature)
OW'fJ;
By ! \
AUTHORIZED REPRESENTATIVE OF APPLICANT:
By:
Name:
Name: Seth Berqer
Title:
Tit!e: President of Theory Develooment Inc..
manaqinq member of 5 A V, LLC
Address:
Address: 501 Brickell Key Dr. #103
Miami. Florida 33133
MIAMI 1723606.1 7676824932
1/22/09 11 :38 AM
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared SETH BERGER as the authorized representative of the Applicant and/or
the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she
executed this Aflidavit for the purposes stated therein and that it is true and corrrct. f!
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME this ~ay of ..J 4nU4.Jy ,2009.
~ ,~PfAf.t
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
~~\<y pUs( OLGA GRAFALS
,,0....... /C' M'\' COMMISSION # 00 514970
* ~ 1< EXPIRES: Marcl13, 2010
"'~<>" Bonded Thru Budget Notary Sef'/lces
"r"OFf\.o""
MIAMI 1723606.1 7676824932
1/22/09 11 :38 AM
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with "x" applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS DAY OF ,2009.
APPLICANT/REPRESENTATIVE
By: (Signature)
Name: (Print)
Title: (Print)
WITNESS MY HAND THIS 1L DAY OF 6A.MQJ'j--,2009.
PROPERTY j)~~R:
By: ~V 1'\ (Signalure)
Name: eth Ber r \ " (Print)
Title: President of Theorv Development. Inc., manaqinq member of 5 A V, LLC (Print)
BUSINESS RELATIONSHIP AFFIDA VIT*
MIAM I 1723606.1 7676824932
1/22/09 11 :38 AM
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with "x" applicable portions only)
[Xl 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] Iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS d DAY OFJ& /
APPLICANT IREPRES
~ ~
[] vi.
,2009.
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS dfL DAY OF /C).;1U4A.,
d
PROPERTY OWNER:
,2009.
(Signature)
(Print)
(Print)
By:
Name:
Title:
MIAMI 1723606.1 7676824932
1/26/091:02 PM
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with "x" applicable portions only)
[Xl 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS el' DAYO~UM'J
APPLICANT/REPRESENTATIVE
By ~
Name: Brian S. ---
Title: Attornev
[] vi.
,2009.
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
DAY OF
,2009.
PROPERTY OWNER:
(Signature)
(Print)
(Print)
By:
Name:
Title:
MIAMI 1723606.1 7676824932
1/26/09 1 :02 PM
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby
discloses that: (mark with "x" applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member
serves) .
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,00 00 of the business of the Applicant or Representative in a given
calenda~
WITNESS MY HAND THIS~ DAY OF ,2009.
By:
Name:
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
DAY OF
,2009.
PROPERTY OWNER:
By:
Name:
Title:
MIAMI 1723606.1 7676824932
1/29/097:54 AM
(Signature)
(Print)
(Print)
BUSINESS RELATIONSHIP AFFIDAVIT*
~
WITNESS MY HAND THIS7r~ DAY OF )~AV~ r\.y ,2009.
- !
REPRESENT A T1VE: (Listed on Business Relationship Affidavit)
By: 11h~J t \ By:
Name: Name:
Title: Developer Title:
By: By:
Name: Stanley B. Price Name:
Title: Attorney Title:
By: By:
Name: Brian S. Adler Name:
Title: Attorney Title:
By: By:
Name: Douqlas Deans Name:
Title: Enqineer Title:
By: By:
Name: Name:
Title: Title:
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b)(2)(iv) of the
City's Land Development Regulations in the City Code, in the event that prior to consideration of the application
by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete.
MIAMI 1723606.1 7676824932
1/22/09 11 :38 AM
BUSINESS RELATIONSHIP AFFIDAVIT*
WITNESS MY HAND THIS) G'- DAY OF .) C.:;,'"'"..) -;,.. r'.1 ,2009.
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: By:
Name: Seth BerQer Name:
Title: Developer Title:
By: g~~ By:
Name: Stanley B. Price Name:
Title: Attorney Title:
By 'CS 2 By:
Name: Brian. Adler Name:
Title: Attorney Title:
By: By:
Name: DouQlas Deans Name:
Title: EnQineer Title:
By: By:
Name: Name:
Title: Title:
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the
City's Land Development Regulations in the City Code, in the event that prior to consideration of the application
by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete.
MIAMI 1723606.1 7676824932
1/26/09 1 :02 PM
BUSINESS RELATIONSHIP AFFIDAVIT*
WITNESS MY HAND THIS ~L1i>r DAY OF )c'-, ;'2-J -y ,2009.
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By:
Name:
Title:
By:
Name:
Title:
By:
Name:
By:
Title:
By:
Name:
Title:
Surveyor
Title:
By: By:
Name: Name:
Title: Title:
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71 (b)(2)(iv) of the
City's Land Development Regulations in the City Code, in the event that prior to consideration of the application
by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete.
MIAMI 1723606.1 7676824932
1/29/09 7:54 AM
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared SETH BERGER the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct.
Seth Ber r, President f T 0 Development, Inc.. managing member of 5 A V, LLC
SWORN TO AND SUBSCRIBED before me this #. day of dA"L4Ai~ ,2009.
,?\'~Y.~~9(" OLGA GRAFALS
,.....~ "* MY COMMISSION # DO 5149. 7U
"'~<;)'" EXPIRES: March 3,2010
.. ~(QF fcQ'/'S aOMid Thru Budget NolaI)' Services
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared STANLEY B. PRICE ESQ. the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
Stanley B. Price, Esq.
SWORN TO AND SUBSCRIBED before me this _ day of
,2009.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared BRIAN S. ADLER. ESQ. the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed
this Affidavit for the purposes stated therein and that it is true and correct.
Brian S. Adler, Esq.
SWORN TO AND SUBSCRIBED before me this _ day of
,2009.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
MIAMI 1723606.1 7676824932
1/22/09 11 :38 AM
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared SETH BERGER the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct.
Seth Berger, President of Theory Development, Inc" managing member of 5 A V, LLC
SWORN TO AND SUBSCRIBED before me this _ day of
,2009.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared STANLEY B. PRICE, ESQ. the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
<s
SWORN TO 'NO SUBSCRIBED ,,1m, m, Ih'~ "~, 2000
,"-:i~"t...., CHRISTINE A. BOWER
t.~'~~,,: MY COMMISSION # DO 499810
~;;,~~~l EXPIRES February 20, 2010
11j,,9furi-\\ Bonded Thru Pichlrd Insurance Agency
~;l~huQ ~
Nota Public State of Florida At Large
"1 ,.ftlt ~ A-. 136 W (r
Printed Name of Notary !. /
My commission expires:.,) ~ 10
,
STATE OF FLORIDA )
COUNTY OF MIAMI'DADE)
Before me, the undersigned authority, personally appeared BRIAN S. ADLER, ESQ, the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed
.. "'"Ow' Ih, P".'"'' '"I" 1"''''0 ,," Ih" 0" IN' 00' 00"". ~
Brian S. Adler, Esq,
SWORN TO AND SUBSCRIBED before me thiJL daY~, 2009.
~~l:'\:'~:~
!.: \.\
~. .~<
~'*......~,>
.Rr"ll\
CHRISTINE A. BOWER
MY COMMISSION .fI DO 499810
EXPIRES; February 20, 2010
Bonded Thru Plchard 1_ Agency
~WjJu{2~
Nota ublic State of FlOrida t Large
f"lsh..e A. '$OtN.J2.r
Printed Name of Notary ~ I) M III
My commission eXPires:~
MIAMI 1723606.1 7676824932
1/26/09 1 :02 PM
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared DOUGLAS W. DEANS, the Affiant, who be
this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED "",,' ~ .;~ J~ 2009.
MIAMI 1723606.1 7676824932
1/29/097:55 AM
ELIZABETli A. RUFO
MY COMMISSION # DD 571066
EXPIRES: July 29, 2010
8on<Jed Thru Notary Public UndtlWr~Gr.
y-;j J . /7
rC~ ~':~ . _~ C/ - ;f::<-/
Notary Pu State of Florida At Large t;:;C
E j , 2,;':) f,"J {~-b 1/) 1/ , /?t. ;f~)
Printed Name of Notary . .
My commission expires:~,]U Y' :::? 9) :Jo, 0
18
RESOLUTION NO. 2009-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA APPROVING
THE PLAT OF "AVENTURA VILLAS", BEING A
REPLA T OF A PORTION OF TRACT F OF FIRST
ADDITION, BISCAYNE YACHT AND COUNTRY
CLUB, RECORDED IN PLAT BOOK 89, PAGE 100
OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, LYING AND BEING IN THE
CITY OF AVENTURA, MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, 5 AV, LLC, by and through Application No. 01-
SUB-09, has requested Final Plat approval for the plat of "Aventura Villas", being
a replat of a portion of Tract F of First Addition Biscayne Yacht and Country
Club, Plat Book 89, Page 100 in Section 35, Township 51 South, Range 42 East,
City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated
herein by reference and made a part of this Resolution as Exhibit #1; and
WHEREAS, the City Commission has heard, reviewed and duly
considered the reports, findings and recommendations of the City Administration,
and finds that the Final Plat approval is in the best interests of the City of
Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for "Aventura Villas", more particularly
described as:
A replat of a portion of Tract F of First Addition Biscayne Yacht and
Country Club, (Plat Book 89, Page 100) in Section 35, Township 51
South, Range 42 East, City of Aventura, Miami-Dade County,
Florida, more particularly described in Exhibit #2 to this resolution,
is hereby granted to the Applicant.
Resolution No. 2009-
Page 2
Section 2. The City Manager and City Clerk are hereby authorized to
sign the face of the Plat.
Section 3. This Resolution shall be recorded by the applicant in the
Public Records of Miami-Dade County, Florida, with the applicant to pay the
costs thereof.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing
Resolution was offered
by Commissioner
I 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 Billy Joel
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 3
PASSED AND ADOPTED this 1st day of September, 20_09.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
APPROVED AS TO LEGA~Y:
;--f/ fwr
CITY A TIORNEY
This Resolution was filed in the Office of the City Clerk this 1st day of September,
2009.
CITY CLERK
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Exhibit 2
LEGAL DESCHIPTION
A parcel of land described as a portion of Tract F of FIRST ADDITION TO BlSCA mE YACHT AND
COUNTR Y CLUB, aecording to the Plat thereof, as recorded in Plat Book 89, at Page 100, of the Public
Records of Dade County (Now Miami-Dade COLlnty), Florida, more particularly described as follows:
Commence at the West 1!4 corner of Section 35, Tmvnship 51 South, Range 42 East, City of Aventura,
Miami-Dade County, Florida; thence South 02'00'25" East for 1.60 feet to a point of curvature of a circular
curve concave to the Northwest; thence along the arc of said curve, having a radius of 1091.35 feet and a
central angle of 10' 19'43" for] 96.74 feet to a point on said curve; thence South 81.40'42" East on a line
radial to the point on curve for 5 0.00 feet to a point on the boundary of said Tract F; thence South 08'] 9'18"
West for 1.69 feet to the Point of Beginning of said parcel of land; thence along the boundary of said Tract
F for the following three (3) courses; (1) thence continue South 08'19'18" West for 96.00 feet to a poir~t of
curvature of a circular curve concave to the Northeast; (2) thence along the arc of said curve, having a radius
of 50.00 feet and a central angle of 90"00'00" for 78.54 feet to the point of tangency; (3) thence South
8 J "40'42" East for 1 06.00 feet to a point on said boundary of Tract F; thence North 08" 19'18" Eastfen 146.00
feet; thence North 81 "40'42" West for 156.00 feet to the Point of Beginning.
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission (ACES Board of Directr r-1
From Eric M. Soroka, City Manager, ICMA-CM V
By: +ian K. Raducci, Finance Director
DATE: August 25, 2009
SUBJECT: Special Purpose Financial Report for ACES FY June 30,2009
September 1, 2009 City Commission Meeting Agenda Item .!: E'
Recommendation
It is recommended that the City Commission approve the following motion:
"Motion to accept for filing the Special Purpose Financial
Report for the Aventura City of Excellence School for the
fiscal year ended June 30, 2009 and to accept for filing that
letter dated August 24, 2009 attached hereto as Attachment
1."
Backaround
The Special Purpose Financial Report for ACES was distributed to the Mayor and
Commissioners on August 26, 2009 along with our memorandum. In addition, a letter
dated August 24, 2009 from the auditors was attached to the Commission agenda for
your review.
The Rules of the Auditor General, Chapter 10.550, requires that the Report be filed as
an official record at a public meeting. This motion satisfies that requirement. In
addition, the independent audit firm, McGladrey Pullen & Company, LLP has requested
that the letter dated August 24, 2009, identified as Attachment I, be accepted for filing
with the City Commission.
A representative of McGladrey Pullen & Company, LLP, the audit firm, will be present at
the meeting. However, since the Report is the responsibility of the City, I respectfully
request that any questions be discussed with the City Manager prior to the meeting.
ATTACHMENT 1
Aventura City of Excellence School
(A Special Revenue Fund of the City of Aventura, Florida)
Report to the Governing Board
June 30, 2009
McGladrey & Pullen
Certified Public Accountants
McGladrey & Pullen, LLP is a member firm of RSM Intemational-
an affiliation of separate and independent legal entities.
McGladrey & Pullen
Certified Public Accountants
To the Honorable Mayor, City Commissioners and City Manager
of the City of Aventura, Florida
Aventura School of Excellence School
Aventura, Florida
We are pleased to present this report related to our audit of the special purpose financial statements of the Aventura
City of Excellence School (the "School") as of and for the year ended June 30, 2009. This report summarizes certain
matters required by professional standards to be communicated to you in your oversight responsibility for the
School's financial reporting process. Also included is a summary of recently issued accounting standards that may
affect future financial reporting by the School.
This report is intended solely for the information and use of the Mayor and Members of the City Commission, the City
Manager and management and is not intended to be and should not be used by anyone other than these specified
parties. It will be our pleasure to respond to any questions you have regarding this report. We appreciate the opportunity
to continue to be of service to the School.
/f(~ / /~/ L~~
August 24, 2009
Fort Lauderdale, Florida
McGladrey & Pullen, LLP is a member firm of RSM International-
an affiliation of separate and independent legal entitles,
Table of Contents
Required Communications
Summary of Accounting Estimates
Recently Issued Accounting Standards
Exhibit A - Certain Written Communications Between Management and Our Firm
Representation Letter and Summary of Audit Adjustments
1-2
3
4-5
. ,~", ,': ,/~""\',' .
Required Communications
Statement on Auditing Standards No. 114 requires the auditor to communicate certain matters to keep those charged
with governance adequately informed about matters related to the financial statement audit that are, in our
professional judgment, significant and relevant to the responsibilities of those charged with governance in overseeing
the financial reporting process. The following summarizes these communications.
Area
Comments
Auditor's Responsibility Under Professional
Standards
Our responsibility under auditing standards generally
accepted in the United States of America and Government
Auditing Standards issued by the Comptroller General of the
United States has been described to you in our arrangement
letter dated July 18, 2008.
Accounting Practices
Adoption of, or Change in, Accounting Policies
Management has the ultimate responsibility for the
appropriateness of the accounting policies used by the
School. The School did not adopt any significant new
accounting policies nor have there been any changes in
existing significant accounting policies during the current
period.
Significant or Unusual Transactions
We did not identify any significant or unusual transactions or
significant accounting policies in controversial or emerging
areas for which there is a lack of authoritative guidance or
consensus.
Alternative Treatments Discussed with Management
We did not discuss with management any alternative
treatments within generally accepted accounting principles
for accounting policies and practices related to material
items during the current audit period.
Management's Judgments and Accounting
Estimates
Summary information about the process used by
management in formulating particularly sensitive accounting
estimates and about our conclusions regarding the
reasonableness of those estimates is in the attached
"Summary of Accounting Estimates",
Financial Statement Disclosures
We did not identify any items relating to neutrality,
consistency and clarity of the disclosures in the financial
statements which we deemed are required to be discussed
with the School's management.
Audit adjustments recorded by the School are attached with
the representation letter included with Exhibit A. Items
labeled CJE are client journal entries provided to us during
the audit.
Audit Adjustments
Page 1
Area
Uncorrected Misstatements
Disagreements with Management
Consultations with Other Accountants
Significant Issues Discussed with
Management
Difficulties Encountered in Performing the
Audit
Letter Communicating Significant Deficiencies
and Material Weaknesses
Certain Written Communications Between
Management and Our Firm
Comments
We do not have any uncorrected misstatements to the
financial statements. All adjustments identified by us were
discussed with management and made to the financial
statements.
We encountered no disagreements with management over
the application of significant accounting principles, the basis
for management's judgments on any significant matters, the
scope of the audit, or significant disclosures to be included in
the financial statements.
We are not aware of any consultations management had
with other accountants about accounting or auditing matters.
No significant issues arising from the audit were discussed
or were the subject of correspondence with management.
We did not encounter any difficulties in dealing with
management during the audit.
We have issued a separate report communicating the
significant deficiencies and material weaknesses, if any,
identified during our audit of the financial statements, and
this communication is included within the compliance section
of the School's financial report for the year ended June 30,
2009.
Copies of certain written communications between our firm
and the management of the School are attached as Exhibit
A.
Page 2
A ventura City of Excellence School
Summary of Accounting Estimates
Year Ended June 30, 2009
Accounting estimates are an integral part of the preparation of financial statements and are based upon
management's current judgment. The process used by management encompasses their knowledge and experience
about past and current events and certain assumptions about future events. You may wish to monitor throughout the
year the process used to compute and record these accounting estimates. The following describes the significant
accounting estimates reflected in the School's special-purpose financial statements:
Area
Depreciation of capital
assets.
Accounting Policy
Depreciation on
equipment is provided on
the straight-line basis
over the respective
estimated useful lives
ranging from 3 to 5 years.
Estimation Process
Management has
informed us they used all
the relevant facts
available to them at the
time to make the best
judgments about the
depreciation method and
estimated useful lives of
capital assets.
Comments
We have audited the
underlying data supporting
the estimate and reviewed
management's methodology
which appears properly and
consistently applied and have
deemed the resulting
estimate to be reasonable.
Page 3
Recently Issued Accounting Standards
The GASB has issued several statements not yet implemented by the School. The School's management
determined that these statements will not have a material effect on the School's financial statements. The
Statements which might impact the School are as follows:
GASB Statement No. 45, Accounting and
Financial Reporting by Employers for
Postemployment Benefits Other Than
Pensions
GASB Statement No. 48, "Sales and
Pledges of Receivables and Future
Revenues and Intra-Entity Transfers of
Assets and Future Revenues
GASB Statement No. 49, Accounting and
Financial Reporting for Pollution
Remediation Obligations
GASB Statement No. 50, Pension
Disclosures-an amendment of GASB
Statements No. 25 and No.2
This Statement will be effective for the School beginning with its year
ending September 30, 2009. This Statement improves the relevance
and usefulness of financial reporting by (a) requiring systematic,
accrual-basis measurement and recognition of other post-
employment benefit ("OPEB") cost (expense) over a period that
approximates employees' years of service and (b) providing
information about actuarial accrued liabilities associated with OPEB
and whether and to what extent progress is being made in funding
the plan.
This Statement was issued September 2006. This Statement
establishes accounting and financial reporting standards for
transactions in which a government receives, or is entitled to,
resources in exchange for future cash flows generated by collecting
specific receivables or specific future revenues. It also provides
disclosure requirements for a government that pledges or commits
future cash flows from a specific revenue source. In addition this
Statement establishes accounting and financial reporting standards
for intra-entity transfers of assets and future revenues.
This Statement, issued November 2006, will be effective for the
School beginning with its year ending 2009 (effective for financial
statements for periods beginning after December 15,2007). This
Statement addresses accounting and financial reporting standards
for pollution (including contamination) remediation obligations, which
are obligations to address the current or potential detrimental effects
of existing pollution by participating in pollution remediation activities,
such as site assessments and cleanups. This standard requires the
government to estimate the components of expected pollution
remediation outlays and determine whether the outlays for those
components should be accrued as a liability or, if appropriate,
capitalized when goods and services are acquired.
This Statement was issued May 2007. This Statement more closely
aligns the financial reporting requirements for pensions with those for
other postemployment benefits (OPEB) and, in doing so, enhances
information disclosed in notes to the financial statements or
presented as required supplementary information (RSI) by pension
plans and by employers that provide pension benefits.
The provisions of GASB Statement No. 50 generally are effective for
periods beginning after June 15, 2007, with early implementation
encouraged. The requirements relating to governments using the
aggregate actuarial cost method are effective for financial
statements and required supplementary information that contains
information from actuarial valuations as of June 15, 2007, or later.
Page 4
GASB Statement No. 51, Accounting and
Financial Reporting for Intangible Assets
GASB Statement No. 53, Accounting and
Financial Reporting for Derivative
Instruments
GASB Statement No. 54, Accounting for
Fund Balance Reporting and
Governmental Fund Type Definitions
This Statement issued July 2007, will be effective for the School
beginning with its year ending June 30,2010. This Statement
provides guidance regarding how to identify, account for and report
intangible assets. The new standard characterizes an intangible
asset as an asset that lacks physical substance, is nonfinancial in
nature and has an initial useful life extending beyond a single
reporting period.
The requirements of GASB 51 are effective for financial statements
for periods beginning after June 15, 2009, and, for the most part,
require retroactive application.
This Statement, issued June 2008, will be effective for the School
beginning with its year ending 2010. This Statement addresses the
recognition, measurement, and disclosure of information regarding
derivative instruments entered into by state and local governments.
Derivative instruments are often complex financial arrangements
used by governments to manage specific risks or to make
investments. By entering into these arrangements, governments
receive and make payments based on market prices without actually
entering into the related financial or commodity transactions. A key
provision in this Statement is that derivative instruments covered in
its scope, with the exception of synthetic guaranteed investment
contracts (SGICs) that are fully benefit-responsive, are reported at
fair value. Effective dates: For periods beginning after June 15,
2009.
This Statement, issued March 2009, will be effective for the School
beginning with its year ending 2011. The objective of this Statement
is to enhance the usefulness of fund balance information by
providing clearer fund balance classifications that can be more
consistently applied and by clarifying the existing governmental fund
type definitions. This Statement establishes fund balance
classifications that comprise a hierarchy based primarily on the
extent to which a government is bound to observe constraints
imposed upon the use of the resources reported in governmental
funds.
Page 5
Exhibit A - Certain Written Communications Between Management
and Our Firm
Exhibit A
A ventura City of Excellence School
June 30, 2009
Summary of Audit Adjustments
Note: All adjustments were recorded in the financial statements
Entry Number Description Debit Credit
CJE 1 General Insurance 46,242
Accounts Payable 46,242
To accrue for unsubmitted invoices for general
insurance
CJE 2 Prepaid Expenses 28,089
Payroll Liabilities 28,089
To properly state prepaid insurance
CJE 3 Accounts Receivable 8,093
Capital Outlay revenue 8,093
To properly state accounts receivable
due from the School Board
Eric M. Soroka
City Manager
Julie Aim
PrIncIpal
AVENTURA CITY OF EXCELLENCE SCHOOL
3333 N.E. 188th Street · Aventura, Florida 33180
(305) 466-1499 · Fax: (305) 466-1339
August 24, 2009
McGladrey & Pullen, LLP.
100 N.E 3rd Avenue, Suite #300
Ft. Lauderdale, FL 33301
In connection with your audit of the special purpose financial statements of the
governmental activities and the major fund of the Aventura City of Excellence School
(a special revenue fund of the City of Aventura, Florida) (the "School") as of and for
the year ended June 30, 2009, we confirm that we are responsible for the fair
presentation in the financial statements of the financial position, the changes in
financial position of the School, in conformity with accounting principles generally
accepted in the United States of America.
We confirm to the best of our knowledge and belief, as of August 24, 2009 the
following representations made to you during your audit.
1. The special purpose financial statements referred to above are fairly presented in
conformity with accounting principles generally accepted in the United States of
America.
2. The School is owned and operated by the City of Aventura, Florida (the "City"), is
part of the City's government and is not a separate legal entity or otherwise
organized apart from the City. The special purpose financial statements present
only the operations of the School and do not purport to, and do not, present the
financial position and changes in financial position of the City.
There are no organizations that are a part of this reporting entity or with which we
have a relationship, as these organizations are defined in Section 2100 of the
Governmental Accounting Standards Board's Codification of Governmental
Accounting and Financial Reporting Standards that are:
a. Component units.
b. Other organizations for which the nature and significance of their relationship
with the City are such that exclusion would cause the reporting entity's special
purpose financial statements to be misleading or incomplete.
c. Jointly governed organizations in which we participated.
3. We have identified for you all of our funds and governmental functions.
4. We have properly classified all funds and activities.
5. We have properly determined and reported the major governmental fund based
on the required quantitative criteria.
www.aventuracharter.org
A Service of the City of Aventura
6. We are responsible for compliance with laws and regulations applicable to the School
including adopting, approving and amending budgets,
7. We have identified and disclosed to you all laws and regulations that have a direct and
material effect on the determination of financial statement amounts including legal and
contractual provisions for reporting specific activities in separate funds.
8. We have made available to you:
a. All financial records and related data of all funds and activities, including those of all
special funds, programs, departments, projects, activities, etc., in existence at any
time during the period covered by your audit.
b. All minutes of the meetings of the governing board and committees of board
members or summaries of actions of recent meetings for which minutes have not yet
been prepared.
c. All communications from grantors, lenders, other funding sources or regulatory
agencies concerning noncompliance with:
(1) Statutory, regulatory or contractual provisions or requirements.
(2) Financial reporting practices that could have a material effect on the special
purpose financial statements.
9. We have no knowledge of fraud or suspected fraud affecting the School involving:
a. Management or employees who have significant roles in the internal control.
b. Others where the fraud could have a material effect on the special purpose finanCial
statements.
10. We acknowledge our responsibility for the design and implementation of programs' and'; .
controls to provide reasonable assurance that fraud is prevented and detected.
11. We have no knowledge of any allegations of fraud or suspected fraud aff.ecting~the'
School received in communications from employees, former employees, regulators; .
vendors, or others." . ,
12. We are aware of no significant deficiencies, including material weaknesses, in the design
or operation of internal controls that could adversely affect the entity's ability to record,
process, summarize and report financial data.
13. There have been no communications from regulatory agencies concerning'
noncompliance with, or deficiencies in, financial reporting practices.
14. We have no plans or intentions that may materially affect the carrying value or
classification of assets and liabilities.
15. The following have been properly recorded and/or disclosed in the special purpose
financial statements:
a. Related party transactions, including those with component units for which the City is
accountable, as defined in Section 2100 of the Governmental Accounting Standards
Board's Codification of Governmental Accounting and Financial Reporting
Standards, and interfund transactions, including interfund accounts and advances
receivable and payable, sale and purchase transactions, interfund transfers, long-
term loans, leasing arrangements and guarantees, all of which have been recorded
in accordance with the economic substance of the transaction and appropriately
classified and reported.
b. All leases and material amounts of rental obligations under long-term leases.
c. Material concentrations known to management which are required to be disclosed in
accordance with the AICPA's Statement of Position 94-6, Disclosure of Certain
Significant Risks and Uncertainties. Concentrations refer to volumes of business,
revenues, available sources of supply, or markets for which events could occur which
would significantly disrupt normal finances within the next year.
The School's primary source of revenue is provided by the State of Florida through
the School Board of Miami-Dade County, Florida. Such funding is recorded as FTE
nonspecific revenue and represents 75% of the School's revenue.
d. Risk financing activities.
e. All cash is pooled with the City and the City is responsible for deposits and
investment risks.
f. The School has determined that the following GASB statements have no material
effect on the special purpose financial statements and thus, disclosure is not deemed
necessary:
GASB Statement No. 45, . Accounting and Financial Reporting by Employers for
Postemployment Benefits Other Than Pensions,"
GASB Statement No. 48, "Sales and Pledges of Receivables and Future
Revenues and Intra-Entity Transfers of Assets and Future Revenues,"
GASB Statement No. 49, "Accounting and Financial Reporting for Pollution
Remediation Obligations,'
GASB Statement No. 50, .Pension Disclosures-an amendment of GASB-
Statements No. 25 and No. 27,"
GASB Statement No. 51, "Accounting and Financial Reporting for Intangible
Assets, "
GASB Statement No. 53, "Accounting and Financial Reporti/)g for Derivative
Instruments, " .
GASB Statement No. 54, "Accounting for Fund Balance Reporting and'.
Governmental Fund Type Definitions.>>
16. We are responsible for making the accounting estimates included in the special purpose
financial statements. Those estimates reflect our judgment based on our knowledge and
experience about past and current events and our assumptions about conditions we
expect to exist and courses of action we expect to take. In that regard, adequate
provisions have been made.
a. To reduce receivables to their estimated net collectable amounts.
No provision is required in regards to the following:
a. To reduce obsolete, damaged, or excess inventories to their estimated net realizable
values.
b. To reduce investments, intangibles, and other assets which have permanently
declined in value to their realizable values.
c. For risk retention, including uninsured losses or loss retentions (deductibles)
attributable to events occurring through June 30, 2009 and/or for expected
retroactive insurance premium adjustments applicable to periods through June 3D,
2009.
d. For pension obligations, post-retirement benefits other than pensions and deferred
compensation agreements attributable to employee services rendered through June
30, 2009.
17. There are no:
a. Material transactions that have not been properly recorded in the accounting records
underlying the special purpose financial statements.
b. Violations or possible violations of laws or regulations whose effects should be
considered for disclosure in the special purpose financial statements or as a basis for
recording a loss contingency. In that regard, we specifically represent that we have
not been designated as, or alleged to be, a upotentially responsible party" by the
Federal Environmental Protection Agency or any equivalent state agencies in
connection with any environmental contamination.
c. Other material liabilities or gain or loss contingencies that are required to be accrued
or disclosed by Statement of Financial Accounting Standards No. 5 and lor GASB
Statement No. 10.
d. Agreements to repurchase assets previously sold.
e. Any liabilities which are subordinated in any way to any other actual or possible
liabilities.
f. Special and extraordinary items.
g. Any material losses to be sustained in the fulfillment of, or from the inability to fulfill,
any service commitments. .
h. Any material losses to be sustained as a result of purchase commitments.
i. Any environmental clean up obligations.
j. Closure and post-closure care costs associated with operation of a municipal solid
waste landfill.
k. Derivative financial instruments.
I. Authorized but unissued bonds and/or notes.
m. Conduit debt obligations.
n. Guarantees, whether written or oral, under which the City is contingently liable.
o. Debt issue repurchase options or agreements, or sinking fund debt repurchase
ordinance requirements.
p. Any liabilities which are subordinated in any way to any other actual or possible
liabilities.
q. Arbitrage rebate liabilities.
r. Significant estimates known to management which are required to be disclosed in
accordance with the AICPA's Statement of Position 94-6, Disclosure of Certain
Significant Risks and Uncertainties. Significant estimates are estimates at the
balance sheet date which could change materially within the next year.
s. Any other liens or encumbrances on assets or revenues or any assets or revenues
which were pledged as collateral for any liability or which were subordinated in any
way.
18. There are no un asserted claims or assessments that our attorneys have advised us are
probable of assertion and must be disclosed in accordance with Statement of Financial
Accounting Standards NO.5 and/or GASB Statement No. 10.
19. We have no direct or indirect, legal or moral, obligation for any debt of any organization,
public or private that is not disclosed in the financial statement.
20. We have satisfactory title to all owned assets.
21. We have complied with all aspects of contractual agreements that would have a material
effect on the special purpose financial statements in the event of noncompliance.
22. Net asset components (invested in capital assets, net of related debt; restricted; and
unrestricted) and fund balance reserves and designations are properly classified and, if
applicable, approved.
23. Expenses have been appropriately classified in or allocated to functions and programs in
the statement of activities, and allocations have been made on a reasonable basis.
24. Revenues are appropriately classified in the statement of activities within program
revenues and general revenues.
25. Capital assets, including infrastructure assets, are properly capitalized. reported, and
depreciated.
26. Required supplementary information is properly measured and presented.
27. We are responsible for and have reviewed and approved the proposed adjustments to
the trial balances identified during the audit, which are included in the summarized
schedule of posted adjustments and will post all adjustments accordingly. We have
reviewed, approved, and are responsible for overseeing the preparation and completion
of the special purpose financial statements and related notes.
28. The School has complied with the provisions of Section 218.415, Florida Statutes
regarding the investment of public funds.
29. The School is not in a state of emergency based upon the conditions described in
Section 218.503(1), Florida Statutes.
30. In connection with your audit, conducted in accordance with Government Auditing
Standards, we confirm:
a. We are responsible for:
i. Compliance with the laws, regulations, and provisions of contracts and grant
agreements applicable to the School.
ii. Establishing and maintaining effective internal control over financial reporting.
b. We have identified and disclosed to you all laws, regulations, and provisions of
contracts and grant agreements that have a direct and material effect on the
determinations of financial statement amounts or other financial data significant to
audit objectives.
c. There are no Violations (and possible violations), to the best of our knowledge, of
laws, regulations, and provisions of contracts and grant agreements whose effects
should be considered for disclosure in the auditor repository or noncompliance.
d. We are not aware of any violations of provisions of contracts or grant agreements.
e. There has not been any fraud, illegal acts, and violations of provisions of contracts or
grant agreements, or abuse that has been reported.
No events or transactions have occurred subsequent to the financial statement date and through
the date of this letter that would require adjustment to, or disclosure in, the special purpose
financial statements.
During the course of your audit, you may have accumulated records containing data which
should be reflected in our books and records. All such data have been so reflected.
Accordingly, copies of such records in your possession are no longer needed by us.
Aventura City of Excellence School
Eric M. Soro a ICMA-CM
City Manage, City of Aventura
~. /L. ~
Brian K. Raducci
Finance Director, City of Aventura
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, City M
TO:
City Commission
DATE:
August 27,2009
SUBJECT:
Resolution
Laundering
Agreement
Authorizing Execution of South Florida Money
Strike Force Voluntary Cooperation Mutual Aid
September 1, 2009 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the South Florida Money Laundering Strike Force Voluntary
Cooperation Mutual Aid Agreement with the Miami-Dade State Attorney's Office.
BACKGROUND
Previously, the Florida Department of Law Enforcement (FDLE) managed this Strike
Force and the City entered into a Mutual Aid Agreement with FDLE. FDLE has decided
to no longer participate in the program and the Miami-Dade State Attorney's office in
2008 agreed to manage the program. The City has participated in the Strike Force
which has a proven track record in dismantling and prosecuting significant drug
trafficking organizations since 1994.
If you have any questions, please feel free to contact me.
Attachment
CC01661-09
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 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL
AID AGREEMENT ATTACHED HERETO; 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 A VENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain South Florida Money Laundering Strike Force Voluntary Cooperation
Mutual Aid Agreement attached hereto.
Section 2. The City Manager is 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 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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-
Page 2
PASSED AND ADOPTED this 15t day of September, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
(September 2009)
WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-
jurisdictional Strike Force (hereinafter referred to as the Strike Force) intended to combat illegal
money laundering, drug trafficking and other drug law violations, and related criminal violations
and to disrupt organizations engaging in such activity through coordinated and long-term
investigative, forfeiture, and prosecution efforts; and
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, forfeiture, and regulatory actions against identified violators, as
appropriate; and
WHEREAS, the participating agencies desire to utilize the Strike Force as the sole method
of facilitating state and local money laundering investigations that are not otherwise part of a
joint federally-directed effort within their respective jurisdictions; and
WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a voluntary cooperation agreement for
cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines;
and
WHEREAS, the undersigned agencies acknowledge and recognize that they have been
operating under the existing agreement and modifications thereto, that the agreement has
continued in full force and effect, and express their present intent to renew and refine the
original agreement and subsequent renewals thereof in order to better reflect the continued and
present focus of the efforts of the agencies in this Strike Force;
NOW THEREFORE, the parties agree as follows:
Each of the undersigned law enforcement agencies approve, authorize and enter into this
Agreement at the request of the Miami-Dade State Attorney's Office (SAD) to implement within
the jurisdictional and other limits as noted herein the Money Laundering Strike Force for the
purposes and goals indicated.
Parties To This Agreement:
--The Office of the State Attorney of the Eleventh
Judicial Circuit of Florida,
--The City of Coral Gables Police Department,
--The City of Miami Police Department,
--The City of Miami Shores Police Department,
--The City of Miami Beach Police Department,
--The City of Aventura Police Department,
--The City of Miami Gardens Police Department,
--The City of Bal Harbour Police Department,
--The City of Hallandale Police Department,
--The City of Golden Beach Police Department,
--The City of North Miami Police Department,
--The City of Pembroke Pines Police Department,
--The City of Fort Lauderdale Police Department,
--The City of Davie Police Department,
--The City of Hialeah Police Department,
--The Town of Surfside Police Department,
--The City of Doral Police Department,
--The Monroe County Sheriff's Office.
A party other than those listed on page one may, at the request of the SAD and with the
approval of the Strike Force Steering Committee, enter into this Agreement as evidenced by its
signing of this Agreement. Any party may cancel its participation in this Agreement upon
delivery of written notice of cancellation to the Executive Director of the South Florida Money
Laundering Strike Force (Strike Force Director), who shall immediately notify other participating
parties of the cancellation.
NATURE OF LAW ENFORCEMENT ASSISTANCE AND VOLUNTARY
COOPERATION TO BE RENDERED:
1. The Strike Force is to effect dedicated and intensive investigative, preventative, and general
law enforcement efforts primarily with regard to the investigation of illegal money laundering
and drug trafficking operations and related crimes, and in efforts to dismantle and disrupt
the organizations committing such violations. The principal goal of the Strike Force shall be
the coordinated investigation of, and successful prosecution of perpetrators of such crimes,
with particular emphasis on efforts designed to identify and dismantle organized criminal
enterprises. Such efforts shall include, but are not limited to, undercover operations
designed to detect illegal activity and to identify those involved in such activity including
those directing or otherwise controlling such activity, interception of communications related
to such activity as may be authorized by law, the arrest and prosecution of those involved
(utilizing state and federal or other prosecutions, as appropriate); the seizure and forfeiture
of assets of those engaged in such activity or otherwise supporting such activity (utilizing
state and federal forfeiture options, as appropriate); the prosecution of regulatory and civil
actions designed to end such criminal activity, as appropriate; and the referral of
investigative leads and intelligence to such other federal, state, foreign or local law
enforcement authorities as may be required and appropriate under the Strike Force's
operations. In recognition that such efforts transcend jurisdiction limits, it is the intent of this
voluntary cooperation agreement to assure the continued functioning of law enforcement in
areas where such limits might otherwise thwart major law enforcement efforts.
2. The Parties to this Agreement are contributing personnel and resources in support of the
Strike Force efforts, with the operations of the Strike Force being coordinated by the SAD
and other Strike Force members. No agency will participate in the Strike Force unless it
provides resource contributions and operates within the operational parameters related to
Strike Force efforts as required of it by the Steering Committee or the SAO.
3. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by an
employee as a member of the employee's Agency. Nothing herein shall otherwise limit the
ability of participating Strike Force members to provide, as provided by or allowed by law,
such assistance in any enforcement action unrelated to Strike Force operations as may be
lawfully requested by a law enforcement officer having jurisdiction over any such incident,
crime or matter under consideration. However, extension of jurisdiction under the authority
of this Agreement shall occur only as provided below.
EXTENSION OF PARTICIPANTS' JURISDICTION; COMMAND AND
SUPERVISORY RESPONSIBILITY; STEERING COMMITTEE;
NOTIFICA TlON REQUIREMENTS
1. The principal sites of Strike Force activity are Miami-Dade County, Broward County and
Monroe County but Strike Force activities may occur elsewhere within the State of Florida
consistent with the purpose and terms of this Agreement. As provided by Section
23.127(1), Florida Statutes, a Strike Force member engaged in an authorized Strike Force
operation outside the member's jurisdiction but inside the State of Florida that is pursuant
to, and consistent with, the purpose and terms of this Agreement shall have the same
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 2 of 39 Pages
powers, duties, rights, privileges, and immunities under the laws of the State of Florida as if
the member was performing duties inside the member's jurisdiction as provided by the
"Florida Mutual Aid Act" and this Agreement.
2. Whenever Strike Force activities outside of Miami-Dade County, Broward County or Monroe
County have resulted in an arrest or seizure of property, the Sheriff of the County or the
Chief of Police of the municipality in which such activities have occurred shall be notified of
the Strike Force's actions within the sheriff's or chief's jurisdiction.
3. Members of the Strike Force operating outside their normal jurisdictions recognize that their
extra-territorial powers and authority are, unless otherwise supported by law, derived by and
through this Agreement. Activities shall be considered authorized and under the authority of
this Agreement when the activities have been approved and are under the overall direction
of the Deputy Director, Deputy Commander or command designee assigned to the Strike
Force. No extension of jurisdiction or authority is granted solely by reason of this
Agreement for law enforcement activities unless they are approved and supervised as
provided herein and are related to Strike Force operations, or have been encountered
directly incident to an approved and supervised Strike Force operation.
4. a. A participating agency can work other money laundering investigations outside
investigations handled under this agreement and through the Strike Force only upon
approval by the Steering Committee. Absent such specific approval, all participating
agencies agree to utilize the Strike Force as the exclusive means to engage in state or local
investigations of all money laundering cases conducted by their agency personnel other
than investigations conducted as part of a federally-directed joint operation.
Notwithstanding this provision, an agency encountering money-laundering incidental to
another investigation may initially continue its investigative efforts until such time as the
Strike Force accepts the investigation or approval for the agency to work the case outside
the Strike Force is granted. If the Strike Force Steering Committee declines to include a
particular state or local money laundering investigation within its operations, a Strike Force
participating agency will be free to independently pursue the investigation within the
parameters of law. Any such independent investigation will be outside the scope of the
Agreement and will not benefit from the extension of jurisdiction conferred by this
agreement. All money laundering investigative efforts incidental to another investigation
conducted by an agency prior to acceptance of the money laundering investigation by the
Strike Force are outside the scope of this Agreement and will not benefit from the extension
of jurisdiction conferred by this agreement. In the event that an agency's participation in a
"federally directed joint money laundering operation" could reasonably be construed as
conflicting with a Strike Force investigation, the participating agency must promptly notify
the Strike Force Director and the Steering Committee. The Chair of the Strike Force will
convene a Steering Committee meeting as soon as practical to discuss the conflict and the
appropriate resolution.
b. Any Strike Force participating agency that becomes aware of an investigation in violation
of the limits imposed by this clause shall immediately report it to the Chair of the Strike
Force Steering Committee. The Chair shall bring the matter to the attention of the Strike
Force Steering Committee as soon as practical. Violation of the commitment under this
clause may result in sanctions against the violating agency, which may include, but are not
limited to, permanent reduction in the offending agency's share of forfeiture proceeds
obtained from Strike Force efforts or suspension or dismissal from the Strike Force.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 3 of 39 Pages
5. The Steering Committee consists of command level representatives from the signatory
agencies to this agreement. The Steering Committee shall have plenary supervisory
authority over Strike Force planning and direction. The Steering Committee shall assure
that the Strike Force remains dedicated to its mission and primary goal of dismantling
organized money laundering organizations operating within Florida. The Strike Force
Steering Committee will meet quarterly or as otherwise required to maintain an ongoing and
active oversight role. The Steering Committee shall select a Chairman and Vice-Chairman
from the signatory agencies. The Chairman shall serve one year. The Vice-Chairman shall
assume the Chair upon the expiration of the term of the current Chairman. The Steering
Committee shall select a new Vice-Chairman whenever the position becomes vacant.
6. The Strike Force Director will provide quarterly reviews to the Steering Committee and the
SAO reporting Strike Force investigative, intelligence and forfeiture activity. The Steering
Committee shall periodically, no less than twice yearly, assure that its meeting includes as
the main agenda item a review the objectives and accomplishments of the Strike Force, a
review of the success of the Strike Force in meeting its primary goal of dismantling
organized money laundering organizations within Florida, and shall issue directives and
cause such changes as may be necessary to assure the Strike Force efforts remain
productive and focused on the Strike Force's primary missions.
7. Each participating agency shall contribute personnel and resources to the Strike Force in
such numbers as are agreed to by the participating agency and the Strike Force Steering
Committee. Participating agencies shall assign personnel to the Strike Force based upon
their investigative experience and the operational needs of the Strike Force. Final
acceptance of personnel assigned to the Strike Force shall rest with the Strike Force
Director.
8. The Steering Committee shall regularly receive performance reports to review whether
resource contributions of participating agencies and funding are adequate to assure Strike
Force efforts are effective. The Steering Committee will also review and approve the Strike
Force's annual operational budget and administrative expenses and financial status report.
9. Actual law enforcement operations of the Strike Force will be supervised and directed by
sworn law enforcement officers of the Strike Force agreed upon by the Strike Force Director
to serve in an overall supervisory role. The Strike Force second-in-command should be the
rank of lieutenant or the operational equivalent to that rank. No person shall serve as
second-in-command who is not a full-time, certified officer with his or her employing entity.
The Strike Force Director may designate a team leader for specific field operations. The
team leader may be any sworn member of a signatory agency to this agreement. Each
Strike Force member participating in a Strike Force operation shall follow and adhere to,
and is presumed to be following and adhering to, the supervision and direction given by the
designated supervisor of the operation. If at any time the Deputy Director, Deputy
Commander or designated team leader determines that the Strike Force operation should
be terminated, all actions related to said operation as authorized by this Agreement are to
be promptly terminated in a manner assuring the safety of all involved law enforcement
officers. However, Strike Force-assigned officers or agents who are within their normal
territorial jurisdiction(s) may, acting unilaterally as officers or agents of their employing
agency, engage in continued investigative or enforcement actions as authorized by their
agency supervisor(s). Any such actions shall not be considered the operations of the Strike
Force and shall not fall within the privileges and obligations of this Agreement. Nothing in
this paragraph shall modify or relax the restrictions against unilateral money laundering
investigations by Strike Force participating agencies as addressed in Paragraph 4 herein.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 4 of 39 Pages
10. Upon any termination of Strike Force operations, the supervisor shall document the
circumstances of the termination, including whether there appears to have been an
agency's unilateral continuation of investigative or enforcement activity, and the Strike Force
shall retain the documentation. The Strike Force and its member agencies are not
responsible for the actions of any participating agency or its officers or agents conducted
after the Strike Force operation has been terminated or otherwise performed outside the
scope of this Agreement.
11. The Strike Force shall maintain a listing of Strike Force personnel serving as supervisors or
designated supervisors. Documentation shall be maintained by the Strike Force that will
reflect the involvement of sworn members in each Strike Force operation or investigative
activity and the assigned supervisor or designated leader for each such operation or activity.
No member of the Strike Force shall engage in Strike Force related activities that are
unauthorized, unreported or otherwise unknown to the assigned Strike Force supervisor or
designated leader and which are not documented as provided herein.
12. Any officer or agent participating in Strike Force operations shall promptly report to any
Strike Force supervisor any suspected unauthorized, unreported, undocumented, or
unsupervised investigative or enforcement activity of Strike Force personnel.
13. Any agency head of a party to this Agreement may request that a particular agency's
member of the Strike Force no longer be allowed to participate in the Strike Force. Upon
receiving the request, the Strike Force Director shall temporarily suspend the member's
active participation in Strike Force efforts. At its next meeting, the Steering Committee shall
determine whether the request should be honored on a permanent basis. Upon receipt
from the Steering Committee of a request to no longer allow a particular agency member's
participation in the Strike Force, the employing Agency shall promptly terminate the
member's participation in the Strike Force. Absent an objection by any other Party to this
Agreement, a Party to this Agreement may otherwise add, substitute, reinstate, or replace
any of its sworn or support employees participating in the Strike Force. If a Party objects to
any such action, the Steering Committee shall determine whether the action may proceed or
be maintained.
14. If a conflict arises between an order or direction provided by the assigned supervisor or
designated leader and a Strike Force member's employing Agency's rules, standards, or
policies, the conflict shall be promptly reported to the supervisor or leader when
circumstances safely allow a concern to be raised. The supervisor or team leader, in
conjunction with available members of the governing board as may be necessary, shall
attempt to resolve the conflict in a manner to allow the Strike Force operation to continue
appropriately. No officer or agent shall be required to knowingly violate the policy of his or
her employing agency while participating in Strike Force operations.
15. The Parties to this Agreement may, by a written memorandum of understanding or written
attachments to this Agreement, identify or further define particular guidelines, policies, or
procedures to be utilized by members of the Strike Force when engaged in Strike Force
operations, provided that all such guidelines, policies and procedures are consistent with
Florida law and Florida or federal forfeiture guidelines and the terms of this Agreement.
However, Strike Force members' jurisdiction as provided under this Agreement may not be
altered by any such written attachment. I n the absence of a written memoranda of
understanding or attachments, the policies and procedures to be utilized by Strike Force
members shall be clearly identified by the Strike Force supervisor, or if a supervisor is
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 5 of 39 Pages
unavailable, by a Strike Force team leader as designated by the supervisor. Written
guidelines, policies, or procedures adopted for use by the Strike Force as provided herein
may not be waived or abandoned by Strike Force supervisors or participants. However,
when engaged in Strike Force operations no Strike Force member will be expected or
required to violate or otherwise fail to maintain the member's employing Agency's standards
of conduct, or be required to fail to abide by restrictions or limitations as may be imposed by
law, or the member's employing Agency's rules, standards, or policies.
PROCEDURE FOR REQUESTING AND AUTHORIZING ASSISTANCE
Officers assigned to Strike Force operations pursuant to this agreement shall be empowered to
render enforcement assistance and take enforcement action in accordance with the law and the
terms of this Agreement. Execution of this agreement and continued participation by the SAC
and one or more Strike Force member agencies shall constitute a general reciprocal, continuing
request for and granting of assistance between the members of the Strike Force which shall be
considered authorized in accordance with the provisions of this Agreement. No additional or
specific formal request for assistance is required.
USE AND DISTRIBUTION OF SEIZED FUNDS AND PROPERTY;
STRIKE FORCE ADMINISTRA TIVE EXPENSES:
1. The Parties to this Agreement recognize that law enforcement is the principal objective of all
asset forfeiture and that, as mandated by Section 932.704(11)(a), Florida Statutes, as
enacted by Chapter 95-265, Laws of Florida, the Strike Force's operations and each Party's
use of property, currency, or proceeds received by reason of state forfeiture actions are to
conform with "Florida's Forfeiture Guidelines" as developed and adopted by the Florida
Department of Law Enforcement, the Florida Sheriffs Association, and the Florida Police
Chiefs Association, a copy of which are incorporated herein as Attachment C. In the case
of federal forfeitures, applicable federal guidelines apply.
2. All Parties recognize that they are to avoid the appearance of impropriety in the acquisition,
sale, retention or transfer of any forfeited property, currency or proceeds derived from such
forfeiture, and that forfeiture funds may not be used to meet normal law enforcement
agency operating expenses of each Party unless otherwise provided by Florida law.
3. All participating parties acknowledge that the Strike Force has no independent spending
authority and is not empowered to encumber, grant, donate, or expend funds independently.
Authorizations for expenditures must be consistent with law and authority granted to
participating agencies and in support of the mission of the Strike Force and in accordance
with the approved budget. A participating Strike Force agency shall function as the
administrative agent for Strike Force operational expenditures. The City of Coral Gables
Police Department as empowered by the City of Coral Gables is currently responsible for
handling the administrative and support expenses incurred by the Strike Force in its
operations and is acting as the Strike Force's current administrative agent. If properly
authorized by law and the party's governing body, any other party to this Agreement may be
authorized by the Steering Committee to assume the role of Administrative Party.
4. Parties acknowledge that the Strike Force is not a permanent operation and could be
terminated at any time. Accordingly, the Strike Force shall avoid long-term commitments
via leases or rental agreements unless such agreements reasonably provide for
cancellation prior to their scheduled expiration dates. The Strike Force shall endeavor to
limit administrative expenses as much as reasonably possible, in order to maximize the flow
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 6 of 39 Pages
of forfeiture proceeds to the individual participating agencies. Administrative expenses for
which expenditure may be authorized may include, but are not limited to, expenses incurred
in the storage of seized funds pending forfeiture, expenditures for rent of Strike Force
facilities, rental of vehicles utilized in Strike Force investigative activity, providing phones,
desks, office supplies and equipment in support of Strike Force operations, plaques and
other recognition awards for exiting members, food and refreshments for Strike Force
meetings and the payment of the salaries of a limited number of Strike Force administrative
and operational support personnel. Use of Strike Force resources to provide "percs" or
benefits beyond that which personnel assigned to the Strike Force would not otherwise be
entitled or provided by the employing agency of the personnel is expressly prohibited. Use
of Strike Force phones, accounts, equipment, vehicles, or other resources for other than
incidental personal purposes is prohibited.
5. Administrative expenses do not include the salaries or overtime compensation, in excess of
64 hours per month, of officers, agents, analysts, or other employees of Party agencies
assigned to the Strike Force, or the purchase of regular or special equipment or resources
by a Party agency that may be or are utilized in support of Strike Force operations.
Compensation for such costs is the sole responsibility of the employing agency, and may, if
authorized by law and applicable forfeiture guidelines, be paid from forfeiture funds received
by the agency.
6. Anticipated administrative expenses for an administrative agent (currently the Coral Gables
Police Department) during a budget year are to be identified by the administrative agent as
a Strike Force operational budget item, and are to be approved for reimbursement by the
Steering Committee in the Strike Force operational budget for the fiscal year. The Steering
Committee may approve all or a portion of the proposed administrative expenses. Once
approved, the administrative expenses may be reimbursed to the administrative agent in the
manner noted below. The administrative agent is not obligated to expend resources in
administrative support of the Strike Force if the Steering Committee does not approve the
expenses for reimbursement via the budget process. All Parties acknowledge that the
Strike Force itself has no authority to independently authorize the expenditure of seized or
forfeited funds, or to make grants from such funds to others. As a result, reimbursement to
the Administrative agent (currently the Coral Gables Police Department) for its
administrative expenditures shall be done by a voluntary deferral of each Party's equitable
share of forfeiture funds otherwise due to it in the manner set forth below.
7. Florida and Federal forfeiture laws allow multiple agencies participating in the seizure and
forfeiture of property to equitably proportion the distribution of such property upon
successful conclusion of the forfeiture. Distribution of the proceeds from successful
forfeiture actions shall be equitable among the Parties to this Agreement and shall take into
account their relative roles in support of the efforts of the Strike Force unless an alternate
distribution allocation among the Parties has been agreed to.
8. Participating agencies agree that each agency should contribute a fair share toward the
annual administrative costs of the Strike Force. Such contributions will be effected by
deferring portions of forfeiture proceeds an Agency would otherwise be entitled to receive to
the benefit of the agency operating as administrative agent to cover the proportionate share
of the administrative expenses as noted herein. Such deferrals are to fairly and
appropriately reimburse, not enrich, the administrative agent agency. To reasonably
address the additional expenses incurred by the administrative agent for the administrative
and support expense role described herein and approved by the Steering Committee in its
operational budget, the other Parties agree that their respective proportionate share in the
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 7 of 39 Pages
distribution of forfeited funds will be reduced as approved by the Steering Committee in
such manner and amount to effect an increase in the share of forfeitures received by the
administrative agent (currently, the Coral Gables Police Department) for the extra
administrative expenses so incurred.
9. All Parties have an equitable ownership in the funds seized for forfeiture and interest earned
on those funds pending perfection of ownership via final order of forfeiture. However, to
further address the additional expenses incurred by the Administrative agent for the
administrative and support expense role described herein and approved by the Steering
Committee in its operational budget, the Parties have agreed that all interest earned yearly
on funds seized and pending forfeiture up to a maximum amount set by the Steering
Committee at the time the yearly budget is approved shall be distributed to the
Administrative agent upon final order of forfeiture in a manner consistent with this
Agreement and law, with such funds to be applied to the approved administrative and
support expenses. Any interest earned yearly in excess of the maximum amount set by the
Steering Committee shall be included in the funds to be equitably distributed among the
Parties to this Agreement and shall take into account their relative roles in support of the
efforts of the Strike Force unless an alternate distribution allocation among the Parties has
been agreed to.
10. The Steering Committee may approve on a case-by-case basis the adjustment of one or
more distributions of forfeiture funds to Strike Force participating agencies to specifically
increase a Party's share of forfeiture distribution funds for an unusual or substantial
expense incurred by the Party directly associated with its participation in Strike Force
activities. In order for such reimbursement to occur, the expenses must have a substantial
nexus with the Strike Force's operations and mission. The Strike Force members
acknowledge they have no independent authority by reason of this Agreement to disburse
funds other than as authorized by law and as approved by each party's governing entity.
11. Each participating agency is solely responsible for assuring its use of distributed forfeiture
funds is in compliance with state law and mandatory state and federal forfeiture guidelines.
By continued participation in the Strike Force, each participating agency warrants it is
operating in compliance with state law and mandatory guidelines. The Steering Committee
shall assure regular training of Strike Force officers and agents as required by the State
Guidelines occurs and is documented. Upon request of the SAD, a participating agency will
provide documentation or certification demonstrating such compliance. Any participating
agency found not to be operating within applicable forfeiture law and guidelines shall be
suspended from Strike Force participation and forfeiture fund distribution until such time as
the Agency demonstrates it is in compliance with law and guidelines.
12. The Parties to this Agreement acknowledge that under federal guidelines, funds derived
from federal forfeitures are not to be commingled with funds derived from state forfeitures,
and are to be maintained in a separate trust fund account, to be expended only in a manner
as allowed by applicable federal guidelines. All Parties agree to file in a timely fashion all
reports or accountings of receipts or expenditures of forfeiture funds as are required by
state or federal law or applicable guidelines.
PROPERTY SEIZURE AND FORFEITURE CONSIDERA TlONS:
1. No funds or other property seized by Strike Force operations are to be utilized by any Strike
Force agency prior to successful forfeiture or until title or interest in the funds otherwise
lawfully vests in one or more Strike Force agencies. Forfeiture actions based upon seizures
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 8 of 39 Pages
made by the Strike Force may be pursued in either state or federal actions. Actions shall be
based upon current statutory and case law, and shall be consistent with applicable state or
federal forfeiture guidelines. The Parties agree that the Office of the State Attorney of the
Eleventh Judicial Circuit, through its attorneys, will be primarily responsible under this
Agreement for pursuing all Strike Force forfeiture actions on behalf of all of the Parties in
state court in Miami-Dade County and through out the State of Florida. The Office of the
United States Attorney, Southern District of Florida, will be primarily responsible for federal
forfeiture actions. However, this provision shall not preclude the use of other forfeiture
attorneys or personnel as needed on particular matters and as authorized by the Steering
Committee and agreed to by the above-noted primary entities responsible for forfeiture
litigation.
2. Any Party to this Agreement or any prosecutor handling the criminal prosecution of Strike
Force cases may request copies of forfeiture complaints and pleadings filed by reason of
Strike Force seizures and such copies shall be promptly provided to the requester.
Forfeiture actions are to be coordinated with criminal prosecutions. If any legal dispute or
concern as to the form or sufficiency of forfeiture actions or other action proposing to vest
the interest of Strike Force agency(ies) in seized cash or property is raised by any of the
Parties to this Agreement, an attempt to resolve the issue through informal discussion and
contact shall be made. In the event any Party responsible for filing and handling a forfeiture
action believes there is an insufficient basis upon which to pursue the forfeiture of particular
seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf
of the Strike Force is to be filed.
3. All options available under law to state and local law enforcement agencies with regard to
unclaimed evidence or abandoned property, gifts and plea agreements are available to the
Strike Force, provided the property under consideration otherwise qualifies under law for
such consideration.
4. Pursuant to Section 932.704(7), Florida Statutes, when a claimant and the Strike Force
agree to settle the forfeiture action prior to the conclusion of the forfeiture proceeding, the
settlement agreement shall be reviewed, unless such review is waived by the claimant in
writing, by the court or a mediator or arbitrator agreed upon by the claimant and the seizing
law enforcement agency. If the claimant is unrepresented, the settlement agreement must
include a provision that the claimant has freely and voluntarily agreed to enter into the
settlement without benefit of counsel. A copy of the settlement agreement is to be retained
in the investigative case file giving rise to the forfeiture and settlement.
GUIDELINES FOR MONEY PICKUPS, TRANSFERS AND SECURITY;
AUDITS AND REVIEWS:
1. The Parties to this Agreement recognize that substantial sums of cash will be seized by
reason of Strike Force operations, and are committed to assuring that all such seizures are
done with the greatest degree of security and integrity possible. The Strike Force will utilize
procedures established by written directive of the Strike Force relating to the seizure of
property for forfeiture and the seizure of contraband. At no time shall a Strike Force
participant seize, handle, transport or count seized funds alone. Pursuant to Section
932.704(11)(b), Florida Statutes, the determination of whether to seize currency must be
made by Strike Force supervisory personnel. Such determination must be documented in a
manner to indicate the supervisory personnel providing such authorization. The attorney
assigned to handle Strike Force forfeitures must be notified as soon as possible. In the
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Page 9 of 39 Pages
absence of, or unavailability of that attorney, notification shall be made to the Strike Force
Director.
2. No investigative money laundering by the Strike Force or its participating agencies may
occur unless it is a means to an investigative end, rather than an end in and of itself.
Authorized laundering may only be conducted as part of reverse sting or as an interim step
reasonably expected to lead to the seizure of drugs, illicit funds, and/or arrests of those
engaged in unlawful money laundering consistent with Section 896.105, Florida Statutes.
3. The Strike Force will utilize procedures established in writing by the Strike Force relating to
the handling of evidence. A copy of Strike Force Directive 1.3, relating to forfeitures and
seizures, is attached as Attachment A to this Agreement. A copy of Strike Force Directive
1.4, relating to the handling of evidence, is attached as Attachment B to this Agreement.
Both of these Directives currently apply to Strike Force operations. The Parties to this
Agreement acknowledge in signing this Agreement that they have reviewed the
Attachments.
4. The Strike Force may modify, supplement or substitute written guidelines, provided that any
modification, supplementation, or substitution assures as a minimum that all non-cash
property coming into the custody of Strike Force members shall be treated as evidence,
utilizing standard and commonly-accepted means of securing and handling same, and that
all seizures of cash shall be done with appropriate checks and balances implemented to
assure that all cash seized is accounted for, and properly secured until such time as title or
interest in such funds lawfully vests in the seizing agency(ies) and the Strike Force. Copies
of written guidelines or directives shall be provided any Party upon request.
5. The Steering Committee will determine the type, nature and extent of audits or reviews
pertaining to Strike Force efforts, to include as a minimum an audit of Strike Force finances
once every two years. In addition, the SAG may at any time order a review and audit by an
auditor designated by the SAG of Strike Force operations with regard to the seizure and
handling of all evidence, property or cash, use and disposition of property, currency or
proceeds received by any Party by reason of a forfeiture, or any other aspect of Strike
Force operations. The Strike Force Director or the Steering Committee by majority vote
may request at any time that such a review and audit be performed by the SAO. The Parties
agree to cooperate in any such audit by allowing full access to documents, personnel and
facilities necessary to perform the audit function. The Parties agree to cooperate in any
federal audit of Strike Force forfeiture activities as may be required or requested by the
United States government.
COMPLAINTS AGAINST STRIKE FORCE MEMBERS:
1. Each person assigned to the Strike Force shall promptly report any suspected criminal
activity or violation of rule or policy of any other member of the Strike Force or any person
with whom the Strike Force is conducting business.
2. Whenever a complaint has been lodged as a result of Strike Force efforts, a designee of the
SAG shall ascertain at a minimum:
The identity(ies) of the complainant(s) and an address where the complainant(s) may be
contacted, the nature of the complaint any supporting evidence or facts as may be
available, including the names and addresses of witnesses to that which has been
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 10 of 39 Pages
complained about, the identity(ies) of the Strike Force participant(s) accused and the
employing Agency(ies) of the participant(s) accused.
3. The SAD will promptly provide to each affected employing Agency the above information for
administrative review and appropriate handling or disposition. Each affected employing
Agency shall, upon completion of said review, promptly notify the SAD of its findings and
any actions taken.
4. Upon assignment to the Strike Force, and once yearly, each person assigned to the Strike
Force shall be provided notification that he or she is obliged to report any wrongdoing or
impropriety by any Strike Force personnel. A local method of reporting such shall be
provided, and the name, email address and phone number of the SAD Investigations
Division shall also be provided as an option for making any such report, whose phone
number is (305) 547-0669.
INTERPLA Y WITH FEDERAL AND OTHER AUTHORITIES:
1. The Parties to this Agreement recognize that the federal law enforcement authorities have
requested that the efforts of the Strike Force be closely coordinated with federal authorities
having interests in money laundering investigations. The Parties recognize that federal
agents will, as necessary, be co-located at the Strike Force headquarters or otherwise
provided access to Strike Force operations and planning.
2. International movement of funds: No direct movement of funds internationally, or
transactions which are known by the Strike Force to be an interim step prior to a specifically
planned, expected, or known international transfer of funds shall occur unless the federal
agent(s) assigned to work with the Strike Force are provided prior notice and federal
approval and participation is secured. If a federal agency has an objection to any proposed
operation of the Strike Force involving international movements of money, the operation is
not to proceed until the federal objections are resolved, giving federal interstate and
international responsibilities and concerns appropriate deference. The Strike Force shall
not directly or knowingly indirectly engage in international movements of funds without
securing authorization and participation from at least one federal agency having appropriate
jurisdiction.
3. Interstate movement of funds within the United States:
(a) Federal notification: A federal agent with appropriate jurisdiction assigned to work
with the Strike Force (normally, a DEA Agent) must receive notification of any intended
interstate movement of funds prior to the actual movement of the funds. The federal agent,
upon receiving notification as provided herein, shall coordinate the Strike Force's efforts
with other federal law enforcement agencies and make appropriate notification of the
proposed transaction(s). If a federal agency objects to a proposed interstate movement of
funds, no movement shall occur until the federal objections are resolved. The date of
original federal agent notification and the absence of objection shall be specifically
documented on the funds transfer authorization form. In the event of exceptional
circumstances that do not allow timely prior notice to the federal agent, funds may be
moved interstate upon the approval of the Director of the Strike Force, or in the absence of
the Director, his/her designee. The notice required by this section shall occur as soon as
practicable, but in no case longer than 48 hours after the interstate movement of funds has
begun.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 11 of 39 Pages
(b) Recipient or involved state notification: Strike Force interstate movements of money
not otherwise involving the active participation of a federal agency shall be in coordination
with law enforcement agencies in the recipient or involved other states. In operations not
actively involving a federal agency, the Strike Force shall not unilaterally conduct money
transfers in another state, without notifying the appropriate state, or local law enforcement
agencies of the proposed activities. Nothing in this Agreement provides Strike Force
members with jurisdiction beyond the geographic limits of the State of Florida. Strike Force
operations are to be performed in a manner to minimize and avoid conflict with the actions
of, and mission of, federal agencies and other states' law enforcement agencies.
(c) Domestic security: Recognizing that money laundering is an important tool of
domestic and international terrorist organizations, no transfer of funds by the Strike Force
shall occur until the Strike Force has checked available law enforcement intelligence
databases, including, but not limited to, FDLE's "In-Site" to assure there is no believed
connection between the proposed transfer of funds and terrorism. If there is a reasonable
belief that the funds will be utilized by a terrorist organization, no transfer shall occur.
Notwithstanding this prohibition, if the transfer of funds is essential to an investigation of the
terrorist organization, and will substantially assist in the detection and apprehension of
terrorists, or the interference with their planned objectives, upon approval of the Steering
Committee, and with the approval of the primary agency investigating the terrorist
organization, a transfer may occur.
POWERS, PRIVILEGES, IMMUNITIES, COSTS, LIABILITY AND RELA TED
ISSUES; STRIKE FORCE SUPPORT CONSIDERA nONS:
Each Party engaging in any mutual cooperation and assistance pursuant to this Agreement
agrees to assume its own liability and responsibility for the acts, omission, or conduct of such
Party's own employees while such employees are engaged in rendering such aid, cooperation
and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable. All personnel assigned to the Strike Force remain ultimately
accountable to their respective employing agencies. In turn, each employing agency remains
responsible for such employees and assumes any liability for the actions of its employees while
assigned to the Strike Force. Each agency is individually responsible for securing supplemental
insurance as may be desired to cover potential losses or liabilities associated with the Strike
Force operation. With regard to the rental or lease of vehicles for use by the Strike Force
personnel, the participating Law Enforcement Agencies of the South Florida Money Laundering
Strike Force hereby agree to the extent permitted by Law to indemnify from any liability and
hold harmless the other participating Law Enforcement Agencies of the South Florida Money
Laundering Strike Force for any negligent acts or negligent omissions committed by their
respective personnel while acting within the scope of their employment. Therefore, in
consideration of the mutual terms and conditions contained herein, the parties agree as follows:
Each participating Law Enforcement Agency of the South Florida Money Laundering Strike
Force hereby agree to secure or otherwise maintain its own automobile liability insurance or
maintain a self-insuring fund for the term of this Agreement in the amounts determined by each
participating Law Enforcement Agency to adequately insure each participant's liability derived
from the use of the leased or rental vehicles assumed herein, but in no event shall such
coverage be less than the amount of statutory waiver of sovereign immunity.
Each Party to this Agreement agrees to furnish necessary personnel, property, police
equipment, vehicles, resources and facilities to render services to each other Party to this
Agreement in order to effect the purposes of the Strike Force and agrees to bear the cost of
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 12 of 39 Pages
loss or damage to its equipment, vehicles, or property so provided. Parties understand and
agree that they will be responsible for their own liability and bear their own costs with regard to
their property and resources, or personnel expenses incurred by reason of death, injury or
incidents giving rise to liability. This provision shall not preclude, as otherwise authorized
herein, the purchase of administrative support property or resources.
Each Agency furnishing aid pursuant to this Agreement shall compensate its employees during
the time such aid is rendered and shall defray the actual expenses of its employees while they
are rendering such aid, including any amounts paid or due for compensation due to personal
injury or death while such employees are engaged in rendering such aid. The privileges and
immunities from liability, exemption from laws, ordinances, and rules, and all pension,
insurance, relief, disability, workers' compensation, salary (including overtime compensation or
compensatory time), death and other benefits that apply to the activity of an employee of an
Agency when performing the employee's duties within the territorial limits of the employee's
Agency shall apply to the employee to the same degree, manner, and extent while such
employee acts under this Agreement. This provision shall not preclude payment by a Party of
compensation (including overtime compensation) to the Party's officers, agents, analysts, or
other personnel assigned to the Strike Force, if allowed by Florida or federal law and applicable
state or federal guidelines, through the use of legally vested Strike Force funds if the Party has
obtained the necessary approval and authorization for such payment from the Party's governing
commission or (if a state agency) the Legislature.
The privileges and immunities from liability, exemption from laws, ordinances, and rules, and
pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits
that apply to the activity of an employee of an agency when performing the employee's duties
within the territorial limits of the employee's agency apply to the employee to the same degree,
manner, and extent while engaged in the performance of the employee's duties extraterritorially
under the provisions of this Agreement. Each participating Party shall bear its own liability
arising from acts undertaken under the Agreement except as may be otherwise allowed under
Chapter 23, Florida Statutes, and any agreement by a participant to the contrary is void. The
Administrative Agency may request purchase of optional insurance or other reasonable actions
by the other Parties as a means of helping reduce the Administrative Agency's exposure to
claims or liability incurred solely by reason of its role as Administrative Agency in renting
automobiles or entering into contractual agreements on behalf of the Strike Force. Such
requests shall be approved by the Steering Committee, but if not approved, the Administrative
Agency shall not be obligated to enter into any particular rental or contractual obligation on
behalf of the Strike Force.
OBLIGA TION TO COORDINA TE WITH PROSECUTOR'S OFFICE:
1. A principal goal of this Strike Force is the successful prosecution of criminal
violators. Successful prosecution requires close coordination with prosecuting authorities,
both in the state and federal courts. Members of the Strike Force are obligated to
coordinate their efforts in such a way as to support the efficient prosecution of cases,
including, but not limited to, prompt responses to requests from prosecutors for information
or assistance in handling Strike Force generated cases, and reasonable availability for
pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials.
Civil or administrative actions derived from Strike Force operations are likewise to receive
coordinated support efforts from Strike Force members.
2. Strike Force supervisors shall monitor the efforts of Strike Force members in support of
criminal prosecutions, civil actions, administrative actions and forfeiture cases. Such
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Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 13 of 39 Pages
monitoring shall include regular contact with assigned prosecutors or attorneys pursuing
actions on behalf of the Strike Force to assure the expected level of support from Strike
Force members is occurring. Failure by a member of the Strike Force to support such
efforts on a routine and regular basis in the manner set forth herein shall constitute grounds
for suspension or removal from the Strike Force and reduction or elimination of the agency's
share of forfeiture proceeds derived from Strike Force operations.
PRIMARY STRIKE FORCE EFFORTS;
SEMMNNUALPROGRESSASSESSMEN~
1. The Strike Force has as its prime mission these primary areas of activity:
./ Money laundering investigations, including the seizure and forfeiture of funds derived
from drug or other criminal activity and the investigation and prosecution of those
involved in such activity;
./ Criminal investigation and prosecution of those involved in organized drug trafficking
enterprises and those involved in other drug related criminal activity, and efforts to
disrupt and dismantle organizations involved in such illegal activity.
2. The Parties agree to provide sufficient and continued support and personnel resources to
each of the above areas of activity, in a manner and to an extent determined and approved
by the Steering Committee, or as may be requested by the SAD.
3. The Steering Committee no less than twice yearly review and evaluate the progress and
success of efforts in each of the primary areas of activity. To the extent resources are
available, they shall be reallocated to address observed deficiencies or to otherwise better
assure the balanced success of the primary Strike Force efforts.
INTERPLA Y OF STRIKE FORCE AGENCIES WITH FLORIDA VIOLENT
CRIME AND DRUG CONTROL COUNCIL FUNDED INVESTIGA TIVE
EFFORTS
The mission of the Florida Violent Crime and Drug Control Council includes providing matching
funding of significant drug and money laundering investigations within the state. To the extent
that any investigation funded by the Council develops leads related to significant money
laundering affecting investigative efforts of any participating Strike Force agency, the Agency
shall relate the leads to the Strike Force Steering Committee, and the Steering Committee shall
determine whether the money laundering aspect of the Council-funded investigation warrants
inclusion as a Strike Force investigation.
COPY TO EACH PARTICIPA TlNG STRIKE FORCE MEMBER:
When this Agreement is fully executed, a copy shall be provided to each Strike Force member
so that each member may be fully aware of the powers, limitations, and expectations applicable
to Strike Force members and operations.
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Page 14 of 39 Pages
TERM AND EFFECT OF AGREEMENT; OBLIGA TION TO TlMEL Y RA TlFY;
MEANS OF CANCELLA TION; AUTOMA TIC EXTENSION; INTERIM
CLARIFICA TIONS OR MODIFICA TlONS:
1. This Agreement is the successor agreement to the original Agreement first establishing
the predecessor Strike Force, known as the Multi-Agency Money Laundering and Anti-
Drug Trafficking Strike Force ("IMPACT") and all subsequent renewals thereof. It shall
be effective as to the executing Parties upon execution by the SAO and at least one
other participating Agency. As each additional Party executes this Agreement, it shall
be effective as to the newly executing Party. Upon execution, this Agreement
supercedes previous versions of the agreements. Failure by a Party to secure a timely
ratification of this superceding agreement will result in said party's participation in the
Strike Force being suspended until such time as the Party executes the Agreement.
2. This Agreement shall remain in full force as to all participating Parties until September 1,
2012, unless earlier canceled in writing by the SAO as to all or separate Parties, or as
canceled in writing by an individual Party as related to that Party as provided herein. In
order for the Strike Force to continue operations beyond September 1, 2012, this
Agreement must be renewed in writing by the participating Parties.
3. The terms of this Agreement may be clarified or modified, consistent with state and
federal law and guidelines, by supplemental Memoranda of Understanding signed by the
participating parties. Any such Memorandum shall incorporate by reference this
Agreement, and shall become a part of this Agreement by inclusion as an Exhibit
hereto. All such Exhibits are to be sequentially lettered and labeled as an attachment.
Master copies of the current Agreement will be maintained by the SAO, the FDLE Office
of Mutual Aid Coordinator and by the Strike Force Director.
4. This Agreement may be duplicated for dissemination to all Parties, and such duplicates
shall be of the same force and effect as the original. Execution of this Agreement may
be signified by properly signing a separate signature page, the original of which shall be
returned to the attention of:
David M. Paulus
Executive Director, SFMLSF
State Attorney's Office
1350 NW 1 in Avenue
Miami, Florida 33136-2111
Upon receipt, originals will maintained by the Strike Force Director. Any written
cancellation or extension shall be forwarded to the SFMLSF at the same address.
5. By signing the agreement, each representative of a party represents that he or she is
fully authorized to enter into this agreement, and that the Party for which the
representative is signing accepts the terms, responsibilities, obligations and limitations
of this Agreement, and agrees to bound thereto to the fullest extent allowed by law.
(Rest of this page intentionally left blank.)
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South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 15 of 39 Pages
*
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South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 16 of 39 Pages
IN WITNESS WHEREOF, the authorized representatives of Parties hereto sign
on the date specified hereafter:
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Coral Gables Police Department.
Signature
Print or Type Name
Title:
D Mayor
D Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 17 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAG along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Miami Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 18 of 39 Pages
Party's Acceptance of September 2009 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAD along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Miami Beach Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 19 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of North Miami Police Department.
Signature
Print or Type Name
Title:
D Mayor
D Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 20 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Hialeah Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 21 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAG along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Miami Shores Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 22 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
Town of Surfside Police Department.
Signature
Print or Type Name
Title:
D Mayor
D Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 23 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Miami Gardens Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 24 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAD along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Aventura Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit: City Manager
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 25 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
****************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Fort Lauderdale Police Department.
Signature
Print or Type Name
Title:
D Mayor
D Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 26 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAD along with this signature page.
****************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Davie Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 27 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAG along with this signature page.
****************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Doral Police Department.
Signature
Print or Type Name
Title:
D Mayor
D Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 28 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
****************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Pembroke Pines Police Department.
Signature
Print or Type Name
Title:
D Mayor
D Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 29 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F. S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
Monroe County Sheriffs Office.
Signature
Print or Type Name
Title:
D Sheriff
D Chief Executive Officer, to wit:
Date:
Sheriff (if above signed by Chief Executive Officer of County)
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 30 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
Golden Beach Police Department.
Signature
Print or Type Name
Title:
D Sheriff
D Chief Executive Officer, to wit:
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 31 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
Bal Harbour Police Department.
Signature
Print or Type Name
Title:
D Sheriff
D Chief Executive Officer, to wit
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 32 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at the SAO along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
Hallandale Beach Police Department.
Signature
Print or Type Name
Title:
o Sheriff
o Chief Executive Officer, to wit:
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 33 of 39 Pages
Party's Acceptance of the September 2009 SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
For the Office of the State Attorney of the Eleventh Judicial Circuit of
Florida (In and For Miami-Dade County, Florida):
Signature
Katherine Fernandez-Rundle
State Attorney
Date:
-------------------------------------------End of Signature Pages, Attachments Follow------------------------------------
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 34 of 39 Pages
ATTACHMENT A:
Strike Force Forfeitures and Seizures Directive (Rev...10/06)
A. FORFEITURE - means anything that is taken into custody by the SFMLSF
investigators that falls under the Florida Forfeiture and Contraband Act. In
general, all Asset Forfeitures will be conducted under Coral Gables Police
Department procedures.
1. All property that is taken under forfeiture will be:
a. Placed into the Coral Gables Police Department Property Unit or,
as in case of vehicles, recorded on Coral Gables Police
Department Vehicle Storage Reports after inventory search. (See
attached Coral Gables Police Department Policy number #050)
b. All property will be listed in the Coral Gables P.O. Case Report and
copies forwarded to the appropriate forfeiture attorney by 5pm the
next business day.
B. SEIZURE OF CONTRABAND - means taking into custody anything illegal to
possess. (See Currency Handling Procedures)
1. All seizures will be placed in the Coral Gables Police Department Property
Unit or applicable seizing agency.
2. All property that is taken into custody will be:
a. Fully documented on Coral Gables Police Department Property
Receipt.
b. All seizures will be listed in the Forfeiture/ Confiscation's Report
and copies sent within 24 hours to the Dade County SAO Forfeiture
Attorneys and the Confiscation Unit.
3. In all instances where controlled substances are seized that are in the
amount which warrants trafficking charges or instances where monies are
seized in excess of $1,000, the SFMLSF will assign at least three
investigators to the custody of the contraband or monies. The
investigators will maintain custody until the controlled substance or
monies are placed into the Coral Gables Police Department
Property/Evidence room or applicable seizing agency.
4. In all seizures, it is required to complete the SFMLSF ZY Entry Form.
This form is to be completed by the case agent.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 35 of 39 Pages
ATTACHMENT 8
Strike Force Evidence Directive
A. Each investigator is responsible for the evidence he or she has the occasion to
purchase or seize. All controlled substances are to be treated in a very thorough
and careful manner.
B. All evidence will be turned in to the Coral Gables Police Department
Property/Evidence Unit as soon as possible after its seizure.
C. Evidence will not be stored in any facility other than the Coral Gables Police
Department Property Unit (i.e., desk, lockers, etc.). Controlled substances will
always be checked into the Coral Gables Police Department Property Unit prior
to the end of the investigator's tour of duty.
D. Tests of controlled substances to establish probable cause will be done at the
scene by the impounding investigator and the results documented in the
SFMLSF Report.
E. Chemical analysis of controlled substances will be performed by the Miami-Dade
Crime Lab or other facility as determined by the Task Force Deputy Director.
The investigator is responsible for:
Coral Gables Property Receipt
Miami Dade County Lab Analysis Form
Miami Dade County Property Receipt with Miami Dade County
Case number.
F. Three' investigators are required when handling trafficking amounts of controlled
substances or amounts of currency in excess of $1,000.
G. When an arrest for a controlled substance is made, the arresting investigator will
be responsible for maintaining the integrity of the evidence, until it is turned in to
the Coral Gables Property/Evidence unit.
* As the Coral Gables Police Department is our primary evidence repository see
attached Coral Gables Police Department SOP #050 (Evidence and Property) in order
to comply with those regulations.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 36 of 39 Pages
ATTACHMENT C
Florida's Mandatory Statewide Forfeiture Guidelines
(These Apply To ALL Florida Law Enforcement Agencies Independent of This Agreement)
y
Guidelines and Training Procedures
To Be Used By State and Local Law Enforcement Agencies
And State Attorneys in Implementing
The Florida Contraband Forfeiture Act
'V
I. Policy Statement
The Florida Contraband Forfeiture Act, Sections 932.701 through 932.707, Florida Statutes, (Act)
authorizes law enforcement agencies to seize and forfeit real and personal property, including currency,
vehicles, aircraft, and other contraband articles that are used in violation of the Act.
The Act also allows seizure and forfeiture of any controlled substance as defined in Chapter 893, Florida
Statutes, or any substance, device, paraphernalia, or currency or other means of exchange that was used,
was attempted to be used, or was intended to be used in violation of any provision of Chapter 893, Florida
Statutes if a nexus can be clearly demonstrated between the article(s) seized and the narcotics activity,
whether or not the use of the contraband article(s) can be traced to a specific narcotics transaction.
It is the policy of the State of Florida that law enforcement agencies shall utilize the provisions of the Act to
deter and prevent the continued use of contraband articles for criminal purposes while protecting the
proprietary interests of innocent owners and lienholders and to authorize such law enforcement agencies
to use the proceeds collected under the Act as supplemental funding for authorized purposes. The
potential for obtaining revenues from forfeitures must not override fundamental considerations such as
public safety, the safety of law enforcement officers, or the investigation and prosecution of criminal
activity.
It is also the policy of this state that law enforcement agencies ensure that, in all seizures made under the
Act, their officers adhere to federal and state constitutional limitations regarding an individual's right to be
free from unreasonable searches and seizures, including, but not limited to, the illegal use of stops based
on a pretext, coercive consent searches, or a search based solely upon an individual's race or ethnicity.
The Act provides procedural safeguards for those claiming or having an interest in the seized property,
including bona fide lienholders, lessors, and innocent co-owners. The Act complements the other options
available to Florida law enforcement agencies in addressing criminal activity, is a valuable tool of law
enforcement to be used by Florida law enforcement agencies to assist their law enforcement mission, and
is to be preserved and wisely used as a valuable weapon in Florida's law enforcement arsenal.
II. Purpose
The purpose of these Uniform Standards is to provide statewide guidelines for law enforcement policies
and procedures used in seizing, maintaining, and forfeiting property under the Act and to provide training
procedures to be used by state and local law enforcement agencies and state attorneys in implementing
the Act. Compliance with these Standards will enhance the goal of establishing more uniform forfeiture
practices throughout the state. These Uniform Standards are to be interpreted in a manner to assure that
to the greatest extent possible there is uniformity of policy and procedure throughout the state. It is not the
intent or purpose of these Standards to create new rights of parties or new defenses to forfeiture actions.
All rights and actions are defined by the substantive provisions of the Act itself or other applicable law.
III. Principles
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 37 of 39 Pages
The following principles should be incorporated within the policies and procedures of any state or local law
enforcement agency involved in the seizure and forfeiture of property under the Act-
A. LAW ENFORCEMENT IS THE PRINCIPAL OBJECTIVE OF ASSET FORFEITURE. The
potential for obtaining revenues from forfeitures must not override fundamental considerations such as
public safety, the safety of law enforcement officers, the investigation and prosecution of criminal activity,
and respect for the rights of individuals as provided by law.
B. The employment, salary, promotion or other compensation of a law enforcement officer or
attorney should not depend on obtaining a quota of seizures.
C. Agencies should ensure, through the use of written policy and procedures and training,
compliance with all applicable legal requirements regarding seizing, maintaining, and forfeiting property
under the Act.
D. When property other than currency is seized for forfeiture, the probable cause supporting the
seizure should be promptly reviewed by a supervisor who is not directly involved in making the seizure.
The determination of whether to seize currency must be made by supervisory personnel. The agency's
legal counsel must be notified as soon as possible of all seizures.
E. The determination of whether an agency will file a civil forfeiture action should be made by the
agency head or other command level designee who is not directly involved in making the seizure.
F. Every seizing agency should have policies and procedures promoting, when there is no other
legitimate basis for holding seized property, the prompt release of such property as may be required by
the Act or by agency determination. To help assure that property is not wrongfully held after seizure, every
agency shall have policies and procedures ensuring that all asserted claims of interest in seized property
are promptly reviewed for potential validity.
G. A seizing agency may not use the seized property for any purpose until the rights to, interest in,
and title to the seized property are perfected in accordance with the Act. This does not prohibit the use or
operation necessary for reasonable maintenance of seized property. Reasonable efforts shall be made to
maintain seized property in such a manner as to minimize loss of value.
H. Settlement of any forfeiture action shall be consistent with the mandates of the Act and in
compliance with agency policy or directive.
I. All forfeited property retained for law enforcement use should be maintained and utilized in
accordance with the Act, and should be subject to the same controls with regard to property acquired
through the agency's normal appropriations process.
J. Any agency receiving forfeiture proceeds should maintain such moneys in a special fund as
provided by law, which is subject to normal accounting controls and financial audits of all deposits and
expenditures. If the seizing agency is a county or municipal agency, the proceeds and interest thereon
may not be used to meet normal operating expenses of the law enforcement agency. Seizing agencies
must file reports as required by the Act.
K. Each state or local law enforcement agency that seizes property for the purposes of forfeiture
shall periodically review the agency's seizures of property, as well as settlements and forfeiture
proceedings initiated by the agency to determine whether such seizures, settlements and forfeitures
comply with the Act and these Standards. Such review should occur at least annually. If the review
suggests deficiencies, the agency shall promptly move to ensure the agency's compliance with the Act
and these Standards.
L. Agencies should avoid the appearance of impropriety in the acquisition, sale, retention, or transfer
of any forfeited property or proceeds derived from such property.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 38 of 39 Pages
M. Agency personnel involved in the seizure of property for forfeiture shall receive periodic training as
noted in Section IV, below.
IV. Training Procedures
Each state or local law enforcement agency shall ensure that its officers involved in seizing property for
forfeiture under the Act receive basic training and continuing education as required by the Act. Each
agency shall maintain records demonstrating an officer's compliance with these training requirements. A
portion of such training must address legal aspects of forfeiture, including search and seizure, or other
constitutional considerations.
(End of Mandatory Forfeiture Guidelines).
End Of September, 2009 Mutual Aid Agreement and Attachments
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (September 2009)
Page 39 of 39 Pages
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Eric M, Soroka, IC
City Manager /
'rector
TO:
City Commission
BY:
Joanne Carr, AI
Community Developm
DATE: August 14, 2009
SUBJECT: Request of the Miami Dade Water and Sewer Department for (1)
Conditional Use Approval to allow an aboveground emergency fuel storage
tank in the RMF3 District and Variance from Section 31-143(d)(4) of the
City Code to permit a 1,000 gallon capacity tank where the maximum size
of tank permitted by City Code is 550 gallons, for Miami-Dade County
Water Pumping Station #464 at 3601 NE 207 Street; and (2) Conditional
Use Approval to allow an aboveground emergency fuel storage tank in the
RMF4 District and Variance from Section 31-143(f)(4) of the City Code to
permit a 1,000 gallon capacity tank where the maximum size of tank
permitted by City Code is 550 gallons, for Miami-Dade County Water
Pumping Station #475 at 3650 NE 213 Street; and (3) Variance from
Section 31-144(f)(6) of the City Code to permit a 4,000 gallon capacity
aboveground emergency fuel storage tank where the maximum size of tank
permitted by City Code is 550 gallons, for Miami-Dade County Water
Pumping Station #424 at 21101 NE 28 Avenue, City of Aventura (01-CU-09
and 01-VAR-09)
September 1, 2009 City Commission Meeting Agenda Item ---P-
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the request for conditional use and variance to permit a 1,000 gallon
capacity aboveground emergency fuel storage tank for Water Pumping Station
#464 located in the Multifamily Medium Density Residential (RMF3) District at
3601 NE 207 Street, City of Aventura, and
2. Approve the request for conditional use and variance to permit a 1,000 gallon
capacity aboveground emergency fuel storage tank for Water Pumping Station
#475 located in the Multifamily High Density Residential (RMF4) District at
3650 NE 213 Street, City of Aventura, and
3. Approve the request for variance permit a 4,000 gallon capacity aboveground
emergency fuel storage tank for Water Pumping Station #424 located in the
Medical Office (MO) District at 21101 NE 28 Avenue, City of Aventura
subject to the following conditions:
(i) Building permits shall be obtained within 12 months of the date of this
Resolution, failing which this approval shall be deemed null and void. The City
Commission may, by resolution or motion at a regular meeting, grant one
extension of up to six months for good cause shown by the applicant and upon
written request for such extension by the applicant within the initial 12 month
approval period.
(ii) Any discontinuation of the approved conditional use for a period of 180
consecutive days shall constitute abandonment and shall rescind the approval
of the conditional use.
(iii) Plans shall substantially comply with those submitted with this application and
as listed below:
Pump Station No. 464, 3601 NE 207 Street:
. "Pump Station No. 464", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc., Inc., received 7/14/09, signed and sealed 4/2/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Cover Sheet,
prepared by Calvin Giordano & Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Site Plan &
Sections, Sheet SP103, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Paving,
Grading and Drainage Plan, Sheet C-103, prepared by Calvin Giordano & Assoc.,
Inc., signed and sealed 6/19/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Preservation
Plan & Notes-Planting Plan & Plant List, Sheet L-103, prepared by Calvin Giordano &
Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc., Inc., signed
and sealed 7/13/09.
Pump Station No. 475, 3650 NE 213 Street:
2
. "Pump Station No. 475", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc., Inc., received 7/14/09, signed and sealed 4/2/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Cover Sheet,
prepared by Calvin Giordano & Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Site Plan &
Sections, Sheet SP101, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Paving,
Grading and Drainage Plan, Sheet C-101, prepared by Calvin Giordano & Assoc.,
Inc., signed and sealed 6/19/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Preservation
Plan & Notes-Planting Plan & Plant List, Sheet L-1 01, prepared by Calvin Giordano &
Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc., Inc., signed
and sealed 7/13/09.
Pump Station No. 424. 21101 NE 28 Avenue:
. "Pump Station No. 424", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc., Inc., received 7/14/09, signed and sealed 4/2/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Cover Sheet,
prepared by Calvin Giordano & Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Site Plan &
Sections, Sheet SP102, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Details &
Sections, Sheet SP502, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Paving,
Grading and Drainage Plan, Sheet C-102, prepared by Calvin Giordano & Assoc.,
Inc., signed and sealed 6/19/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Preservation
Plan & Notes-Planting Plan & Plant List, Sheet L-102, prepared by Calvin Giordano &
Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc., Inc., signed
and sealed 7/13/09.
3
THE REQUESTS
The applicant, Miami Dade Water and Sewer Department, is requesting the following
approvals:
1. Conditional Use approval and Variance from Section 31-143(d)(4) of the City
Code to permit a 1,000 gallon capacity aboveground emergency fuel storage
tank for Water Pumping Station #464 located in the Multifamily Medium Density
Residential (RMF3) District at 3601 NE 207 Street; and
2. Conditional Use approval and Variance from Section 31-143(f)(4) of the City
Code to permit a 1,000 gallon capacity aboveground emergency fuel storage
tank for Water Pumping Station #475 located in the Multifamily High Density
(RMF4) District at 3650 NE 213 Street; and
3. Variance from Section 31-144(f)(6) of the City Code to permit a 4,000 gallon
capacity aboveground emergency fuel storage tank for Water Pumping Station
#424 located in the Medical Office (MO) District at 21101 NE 28 Avenue, and
(See Exhibit #1 for letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Miami Dade County
APPLICANT
Vincent E. Arrebola, Assistant Director of
Miami Dade Water and Sewer Department,
Water Systems Operations
ADDRESS OF PROPERTIES
PS# 424 - located at 21101 NE 28 Avenue
PS# 464 - located at 3601 NE 207 Street
PS# 475 -located at 3650 NE 213 Street
(See Exhibit #2 for Location Plan)
LEGAL DESCRIPTIONS
See Exhibit #3 for Legal Descriptions
SIZE OF PROPERTIES
PS# 424 is 10,922 SF or 0.251 acres
PS# 464 is 2,500 SF or 0.0574 acres
PS# 475 is 2,503 SF or 0.0575 acres
Pump Station # 464
Zoning -
Subject property:
Property to the North:
Property to the South:
RMF3 Multi-family Medium Density Residential
CNS Conservation District
CNS Conservation District
4
Property to the East:
Property to the West:
Existing Use-
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
RMF3 Multi-family Medium Density Residential
B2 Community Business District
Pump station and underground storage tank
Waterways Marina
Canal
Waterways Village Apartments
Waterways Plaza
Future Land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Pum/J Station # 475
Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Existing Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Medium Density Residential
Medium Density Residential
Water
Medium Density Residential
Business and Office
RMF 4 Multifamily Medium Density Residential
RMF 4 Multifamily Medium Density Residential
RMF 4 Multifamily Medium Density Residential
RMF 4 Multifamily Medium Density Residential
RMF 4 Multifamily Medium Density Residential
Pump station and underground storage tank
NE 213 Street
Residential Condominium
Tennis Court for Condominium
Residential Townhomes
Future Land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Medium Density Residential
Medium Density Residential
Medium Density Residential
Medium Density Residential
Medium Density Residential
5
PumlJ Station # 424
Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Existing Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
MO, Medical Office District
MO, Medical Office District
MO, Medical Office District
MO, Medical Office District
MO, Medical Office District
Pump station and underground storage tank
Aventura Hospital
Aventura Hospital
Aventura Hospital
Energy Plant for Aventura Hospital
Future Land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Business and Office
Business and Office
The Sites - These sites are located as follows:
PS# 464 is located at 3601 NE 207 Street
PS# 475 is located at 3650 NE 213 Street
PS# 424 is located at 21101 NE 28 Avenue
The Project - The applicant proposes to replace three existing 1,000 gallon capacity
underground emergency fuel storage tanks at three of its water pumping stations with
three aboveground emergency fuel storage tanks to comply with state statute. The
Florida Department of Environmental Protection requires that all regulated single-walled
fuel storage tanks be upgraded to double-walled tanks by January 1, 2010 in
accordance with 62-762.511, F.A.C. While state regulations do not require storage
tanks to be above ground, the applicant is proposing to replace three existing single-
walled underground fuel storage tanks with three double-walled aboveground fuel
storage tanks in order to provide for efficient and effective maintenance of the tanks.
By placing the tanks aboveground, County personnel are able to visually inspect the
6
tanks for leaks and therefore help prevent contamination to the environment. The three
water pumping stations receiving the upgrades serve large portions of the City. These
tanks are used to store fuel for emergency generators that keep these stations
operational during power outages.
At Pumping Station #464 on NE 207 Street, the existing 1,000 gallon capacity
underground fuel storage tank will be removed. The 1,000 gallon capacity
aboveground fuel storage tank will be located on a concrete pad within an 8 foot high
concrete wall enclosure finished with stucco and self-closing, self-locking metal gates
for access. All existing landscaping will be preserved. Additional landscaping,
consisting of 3 palm trees and 70 shrubs will be planted. Asphalt will be added to the
existing driveway to improve the accessway to NE 207 Street over a presently grassed
area.
At Pumping Station #475 on NE 213 Street, the existing 1,000 gallon capacity
underground fuel storage tank will be removed. A new 1,000 gallon capacity
aboveground fuel storage tank will be installed on a concrete pad, surrounded by an 8
foot high concrete wall enclosure finished with stucco and self-closing, self-locking
metal gates for access. All existing landscaping will be preserved, with the exception of
one ficus tree to be replaced by a new holly tree. 10 new areca palms will be planted
along the south lot line. 55 new shrubs will be planted along the driveway and adjacent
to the enclosure.
At Pumping Station #424 on NE 28 Avenue, the existing 1,000 gallon capacity
underground fuel storage tank will be removed and replaced by a 4,000 gallon capacity
aboveground fuel storage tank on a concrete pad enclosed by an 8 foot high concrete
wall finished with stucco and self-closing, self-locking metal gates. The existing 10 foot
high chain link fence around the perimeter of the site will be removed and replaced by a
6 foot high metal picket fence. All existing landscaping will be preserved, with the
exception of one strangler fig tree to be replaced by an 8 foot high palm tree. 19 new
areca palms will be planted along the east lot line, along with 138 shrubs and ground
cover around the new tank enclosure and along the lot limits.
Exhibits #4A, Band C show existing site conditions and proposed site conditions with
the above ground storage tanks.
ANALYSIS
Consistency with Comprehensive Master Plan - The requests are consistent with the
City of Aventura Comprehensive Plan.
Citizen Comments - The Community Development Department has received no
written citizen comments about this application.
Community Development Department Analysis - In April of 2000, the City's Land
Development Regulations were amended by Ordinance No. 2000-08 to permit
aboveground storage tanks as an accessory use and only for the purpose of storing
7
fuel for emergency generators. This amendment was a result of State preference
towards aboveground storage tanks rather than underground storage tanks because
the aboveground tanks were less susceptible to leakage, were easier to monitor and
inspect and were less expensive to install. These aboveground tanks are permitted in
non-residential zoning districts and are permitted following conditional approval in
residential zones. Installation of an aboveground emergency fuel storage tank is
subject to five specific conditions, those being:
1. That the tank be of 550 gallon capacity or less.
2. That the tank be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources Management (DERM).
3. That the tank be fully screened by a masonry or concrete wall with a self-closing
and locking metal door or gate. Such wall shall be landscaped in accordance
with the City's Landscape Code.
4. That the tank be located in a manner consistent with the site development
standards of the TC1 zoning district.
5. That installation of any aboveground storage tank shall require a permit from the
City. Application for building permit shall be accompanied by a site plan
indicating location of the tank relative to property lines, the primary structure
served by the tank, any other structures within 300 feet as well as a landscape
plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or
designee.
The 550 gallon tank size was initially enacted to allow smaller tanks that are appropriate
for the majority of applications. Aboveground fuel storage tanks larger than 550 gallon
capacity require approval from the Florida Department of Environmental Protection
pursuant to Florida Administrative Code. Aesthetically, the smaller size of tank was
deemed appropriate for most sites.
I. Pumping Station #464, 3601 NE 207 Street
This pumping station is located on the north side of NE 207 Street between the
Waterways Shops and the Waterways Village Apartments in the Multifamily Medium
Density (RMF3) District. The proposed aboveground emergency fuel storage tank
requires conditional use approval for installation in a residential district and variance
approval for a 1,000 gallon capacity tank where a maximum 550 gallon capacity tank is
permitted by Code.
II. Pumping Station #475,3650 NE 213 Street
This pumping station is located on the south side of NE 213 Street between Marina
Cove Townhomes and the tennis court for Harbor Towers Condominium in the
Multifamily High Density Residential (RMF4) District. The proposed aboveground
emergency fuel storage tank requires conditional use approval for installation in a
8
residential district and variance approval for a 1,000 gallon capacity tank where a
maximum 550 gallon capacity tank is permitted by Code.
III. Pumping Station #424, 21101 NE 28 Avenue
This pumping station is located on the east side of NE 28 Avenue between the
Aventura Hospital and its accessory parking structure in the Medical Office (MO)
District. The proposed aboveground emergency fuel storage tank requires variance
approval for a 4,000 gallon capacity tank where a maximum 550 gallon capacity tank is
permitted by Code.
The proposed three new above ground fuel storage tanks are all an accessory use to
an existing Miami-Dade County water pumping station. A DERM permit will be required
prior to issuance of a building permit by the City. They will be concealed and fully
screened from public view by an eight (8) foot high concrete wall with a solid access
gate to match existing finish and will incorporate landscaping to meet city landscaping
regulations. They are sited in a manner consistent with the respective zoning
categories. A City building permit will be required prior to installation. The applicant
has submitted the required site plan to the City.
Approval Criteria
I. Water Pumpinq Station #464
ReQuest #1: Conditional Use approval pursuant to Section 31-143(d)(4) to permit
an abovearound fuel storaae tank in the RMF3. Multifamilv Medium Densitv
Residential District as an accessory use for the purpose of storina fuel for
emeraencvaenerators for the development.
The guidelines for approval of conditional uses found in Section 31-73(c) of the City's
Land Development Regulations are:
General Standards of review. In addition to the standards set forth in these LORs for
the particular use, all proposed conditional uses shall meet each of the following
standards:
(a) The proposed use shall be consistent with the comprehensive plan.
The use is consistent with the City of Aventura Comprehensive Plan, which designates
the future land use category for this site as Medium Density Residential. The applicant
advises that the proposed use is consistent with Policy 2.5 of the Future Land Use
Element which states "... public facility and service provided shall give priority to
eliminating any infrastructure deficiencies to facilitate rehabilitation or renewal of areas."
(b) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
9
The establishment, maintenance or operation of the proposed fuel storage tank will not
be detrimental to or endanger the public health, safety or general welfare. The
applicant advises that the new installation will protect the public due to its provision of
fuel to the emergency generators for adjoining potable water pumping stations.
(c) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed use is consistent with the community character of the immediate
neighborhood. The applicant advises that in order to be consistent with the community
character of the immediate neighborhood, the tanks will be fully screened from public
view with an eight foot high concrete wall with a solid access gate to match the existing
finish. Landscaping that meets the City Code will be incorporated.
(d) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of
service, or will be available concurrent with demand as provided for in the
requirements of these LDRs.
The installation of an aboveground fuel storage tank will not result in a change to the
current level of service required. Utilities, roadway capacity, drainage and other
necessary public facilities, including police, fire and emergency services, exist at the
City's adopted levels of service.
(e) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures exist to provide ingress and egress to the proposed use in a
manner that minimizes traffic congestion in the public streets. The proposed
aboveground tank is in the same location as the existing underground tank. There is
no change proposed to point of ingress and egress.
(f) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of the conditional use will not impede the development of
surrounding properties for uses permitted in the zoning district. The applicant advises
that the use will guarantee that potable water will be provided to the surrounding
properties when power to the pumping stations is interrupted.
(g) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
10
The design of the proposed use does minimiZe adverse effects, including visual
impacts of the proposed use on adjacent property through setbacks, buffers and
landscaping. The tank will be screened from public view and secured by an eight foot
high concrete wall enclosure with solid metal access gates. New landscaping will be
planted to enhance the site.
Request #2: Variance from Section 31-143(f)(4) of the City's Land Develo/Jment
Regulations to /Jermit a 1,000 gallon ca/Jacitv fuel storage tank, where a
maximum 550 gallon ca/Jacity fuel storaQe tank is /Jermitted by Code.
The guidelines for approval of variances found in Section 31-76(e) of the City's Land
Development Regulations are:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met:
1. The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result in a
particular hardship upon the owner, as distinguished from a mere convenience, if the
regulations were carried out literally.
The applicant advises that a 1,000 gallon capacity tank is required to store sufficient
emergency fuel to service the surrounding development during emergencies. The literal
enforcement of the regulation permitting a maximum 550 gallon capacity tank would
result in a hardship, rather than a mere inconvenience.
2. The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
The applicant advises that the conditions upon the request for a variance are unique to
the parcel.
3. The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure which is not otherwise consistent with the LOR.
The applicant advises that the alleged hardship is not economic and has not been
deliberately created; rather the proposed size of tank is required to store enough
emergency generator fuel to serve the water needs of the surrounding development in
emergency events.
4. The granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the vicinity.
The applicant advises that the granting of the variance will not be detrimental to the
public welfare or injurious to other property or improvements in the vicinity; rather it will
ensure that potable water service is provided to the surrounding development when
11
power to the pumping station has been interrupted. The aboveground tank is contained
within a landscaped concrete enclosure with self-closing and locking metal gates.
5. The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or substantially
diminish or impair property values within the vicinity.
The applicant advises that the granting of the variance will not substantially increase the
congestion in the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the vicinity. It will
ensure that potable water service is provided to the surrounding development when
power to the pumping station has been interrupted.
II. Water Pumpinq Station #475
Reauest #1: Conditional Use approval pursuant to Section 31-143(f)(4) to permit
an aboveQround fuel storaQe tank in the RMF4, Multifamily Hiah Densitv
Residential District as an accessory use for the purpose of storinQ fuel for
emer.aency Qenerators for the development.
The guidelines for approval of conditional uses found in Section 31-73(c) of the City's
Land Development Regulations are:
General Standards of review. In addition to the standards set forth in these LDRs for
the particular use, all proposed conditional uses shall meet each of the following
standards:
(h) The proposed use shall be consistent with the comprehensive plan.
The use is consistent with the City of Aventura Comprehensive Plan, which designates
the future land use category for this site as Medium Density Residential. The applicant
advises that the proposed use is consistent with Policy 2.5 of the Future Land Use
Element which states "... public facility and service provided shall give priority to
eliminating any infrastructure deficiencies to facilitate rehabilitation or renewal of areas."
(i) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance or operation of the proposed fuel storage tank will not
be detrimental to or endanger the public health, safety or general welfare. The
applicant advises that the new installation will protect the public due to its provision of
fuel to the emergency generators for adjoining potable water pumping stations.
(j) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
12
The proposed use is consistent with the community character of the immediate
neighborhood. The applicant advises that in order to be consistent with the community
character of the immediate neighborhood, the tanks will be fully screened from public
view with an eight foot high concrete wall with a solid access gate to match the existing
finish. Landscaping that meets the City Code will be incorporated.
(k) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of
service, or will be available concurrent with demand as provided for in the
requirements of these LORs.
The installation of an aboveground fuel storage tank will not result in a change to the
current level of service required. Utilities, roadway capacity, drainage and other
necessary public facilities, including police, fire and emergency services, exist at the
City's adopted levels of service.
(I) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures exist to provide ingress and egress to the proposed use in a
manner that minimizes traffic congestion in the public streets. The proposed
aboveground tank is in the same location as the existing underground tank. There is no
change proposed to point of ingress and egress.
(m) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of the conditional use will not impede the development of
surrounding properties for uses permitted in the zoning district. The applicant advises
that the use will guarantee that potable water will be provided to the surrounding
properties when power to the pumping stations is interrupted.
(n) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the proposed use does minimize adverse effects, including visual
impacts of the proposed use on adjacent property through setbacks, buffers and
landscaping. The tank will be screened from public view and secured by an eight foot
high concrete wall enclosure with solid metal access gates. New landscaping will be
planted to enhance the site.
13
Reauest #2: Variance from Section 31-143(f)(4) of the City's Land Development
Reaulations to permit a 1,000 aallon capacity fuel storaae tank, where a
maximum 550 aallon capacity fuel storaae tank is permitted by Code.
The guidelines for approval of variances found in Section 31-76(e) of the City's Land
Development Regulations are:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met:
1. The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result in a
particular hardship upon the owner, as distinguished from a mere convenience, if the
regulations were carried out literally.
The applicant advises that a 1,000 gallon capacity tank is required to store sufficient
emergency fuel to service the surrounding development during emergencies. The literal
enforcement of the regulation permitting a maximum 550 gallon capacity tank would
result in a hardship, rather than a mere inconvenience.
2. The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
The applicant advises that the conditions upon the request for a variance are unique to
the parcel.
3. The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure which is not otherwise consistent with the LOR.
The applicant advises that the alleged hardship is not economic and has not been
deliberately created; rather the proposed size of tank is required to store enough
emergency generator fuel to serve the water needs of the surrounding development in
emergency events.
4. The granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the vicinity.
The applicant advises that the granting of the variance will not be detrimental to the
public welfare or injurious to other property or improvements in the vicinity; rather it will
ensure that potable water service is provided to the surrounding development when
power to the pumping station has been interrupted. The aboveground tank is contained
within a landscaped concrete enclosure with self-closing and locking metal gates.
5. The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or substantially
diminish or impair property values within the vicinity.
14
The applicant advises that the granting of the variance will not substantially increase the
congestion in the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the vicinity. It will
ensure that potable water service is provided to the surrounding development when
power to the pumping station has been interrupted.
II. Water Pumpinq Station #424
Reauest: Variance from Section 31-144(f)(6) of the Land Deve/olJment
ReQulations to lJermit a 4,000 Qallon calJacitv above Qround storaQe tank, where
maximum 550 Qallon calJacitv is lJermitted bv Code.
The guidelines for approval of variances found in Section 31-76 of the City's Land
Development Regulation are:
Standards of review. A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that all of the following are met:
1. The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result in a
particular hardship upon the owner, as distinguished from a mere convenience, if the
regulations were carried out literally.
The applicant advises that this pumping station serves the Aventura Hospital and the
4,000 gallon capacity tank is required to store sufficient emergency fuel to service the
hospital. The literal enforcement of the regulation permitting a maximum 550 gallon
capacity tank would result in a hardship, rather than a mere inconvenience.
2. The conditions upon which the request for a variance is based are unique to the
parcel and would not be generally applicable to other property within the vicinity.
The applicant advises that the conditions upon the request for a variance are unique to
the parcel, as this pumping station serves a hospital.
3. The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure which is not otherwise consistent with the LOR.
The applicant advises that the alleged hardship is not economic and has not been
deliberately created; rather the proposed size of tank is required to store enough
emergency generator fuel to serve the water needs of the hospital in emergency
events.
4. The granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the vicinity.
15
The applicant advises that the granting of the variance will not be detrimental to the
public welfare or injurious to other property or improvements in the vicinity; rather it will
ensure that potable water service is provided to the hospital when power to the
pumping station has been interrupted. The aboveground tank is contained within a
landscaped concrete enclosure with self-closing and locking metal gates.
5. The proposed variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or substantially
diminish or impair property values within the vicinity.
The applicant advises that the granting of the variance will not substantially increase the
congestion in the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the vicinity. It will
ensure that potable water service is provided to the hospital when power to the
pumping station has been interrupted.
16
Engineering
Construction Engineering
& Inspection
Municipal Engineering
Transportation Planning
& Traffic Engineering
Surveying & Mapping
Planning
Landscape Architecture
& Environmental Services
Construction Services
Indoor Air Quality
Data Technologies
& Development
1800 Eller Drive, Suite 600
Fort Lauderdale, Fl 33316
Phone; 954.921.7781
Fax; 954.921.8807
www.calvin-giordano.com
Fort Lauderdale
Calvin, Giordano g Associates, Inc.
EXCEPTIONAL SOLUTIONS
July 14, 2009 U""'\';"-'
Ms. Joanne Carr, AICP
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
jUL ,~, 1.wJ
COMMiJN\I'1 Dt'hLOP\Ji,(}; i
EXHIBIT 1
01-CU-09 Be. 01-VAR-09
Re: Letter of Intent
Public Hearing Application for Conditional Use Approval
Miami-Dade Water and Sewer Pump Stations
#464 (3601 NE 2ih Street)
#475 (3650 NE 213th Street)
Dear Ms. Carr:
The proposed Conditional Use is for the replacement of two single-walled (SW)
underground fuel storage tanks (UST's) which serve the emergency generators
of three Miami-Dade Water and Sewer Department (WASD) potable water pump
stations (PS) located within the City of Aventura. The pumps stations are located
at 3601 NE 20ih Street (PS# 464) and 3650 NE 213th Street (PS# 475).
This application proposes to replace the existing tanks with double-walled (OW)
aboveground fuel storage tanks (AST's) in order to bring them into compliance
with state and federal regulations. All single-walled regulated Aboveground
Storage Tank Systems must be upgraded with secondary containment by
January 1, 2010 in accordance with 62-762.511, F.A.C.
WASD PS# 464 and PS# 475 are proposed to have a 1,000 gallon capacity OW
AST's. The new tanks will be concealed and fully screened from public view by
an eight (8) foot concrete wall with a solid access gate to match existing finish
and incorporate landscaping to meet all city landscaping and zoning regulations.
The enclosure will also provide for added security from vandalism and
misappropriation of content.
The water pumps receiving the upgrade serve large portions of the City of
Aventura, and proper operation is essential to provide adequate and continuous
service to the area. These tanks are used to fuel emergency generators that
keep these stations operational during any power outage. Not only will replacing
the storage tanks bring them into compliance with state and federal regulations,
but it will also provide for efficient and cost effective maintenance of the tanks for
any repairs, painting, inspections, and any other required service, as well as help
protect the environment.
Page 1 of 3
West Palm Beach
Orlando
Homestead
Fort Pierce
The following outlines how this application fulfills the general standards of the City of
Aventura's Land Development Code Section 31-73(c):
The proposed use shall be consistent with the Comprehensive Plan
The proposed use is consistent with Policy FLU-2.5 "public facility and service provided
shall give priority to eliminating any infrastructure deficiencies to facilitate rehabilitation or
renewal of areas.
The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety, or general welfare;
The establishment, maintenance or operation of the proposed fuel storage tanks shall be
detrimental to or endanger the public health, safety, or general welfare and, rather, shall
protect the same due to their provision of fuel to the emergency storage generators for the
adjoining potable water pump stations.
The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use;
In order to be consistent with the community character of the immediate neighborhood of
the storage tanks, the tanks will be fully screened from public view with an eight (8) foot
concrete wall with a solid access gate to match existing finish. Landscaping that
meets all city landscaping and zoning regulations will also be incorporated.
Utilities, roadway capacity, drainage, and other necessary public facilities,
including police, fire and emergency services, shall exist at the City's adopted
levels of service, or will be available concurrent with demand as provided for in the
requirements of theses LDRs
The proposed use will not affect the City's adopted level of service.
Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets;
The proposed use is in the same location as the current use, therefore traffic will not be
impacted by the proposed use.
The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district;
The establishment of the proposed fuel storage tanks shall not impede the development of
surrounding properties for uses permitted in the zoning district, rather it will guarantee that
potable water service is provided to the surrounding properties, even when power to the
pump station has been interrupted.
The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design of the fuel storage tanks shall minimize adverse effects, including visual
impacts due to the tanks being fully screened from public view with an eight (8) foot
concrete wall with a solid access gate to match existing finish. Landscaping that
meets all city landscaping and zoning regulations will also be incorporated.
P:\Projects\2007\071217 City of Aventura - Variance\Planning\APPLlCATIONS\CONDITIONAL USE APPLlCATION\Letter
of Intent - CU App.doc
Page 2 of 3
We respectfully request the proposed conditional use application be considered for
approval by the City of Aventura. You may contact our office at 954.921.7781 ext. 6542
for any questions, comments, or if you require additional information.
Sincerely,
NO & ASSOCIA lES, INC.
Karen Friedman
Planner
P:\Projects\2007\071217 City of Aventura - Variance\PlanningIAPPLlCATIONS\CONDITIONAL USE APPLlCATION\Letter
of Intent - CU App.doc
Page 3 of 3
Engineering
Construction Engineering
& Inspection
Municipal Engineering
Transportation Planning
& Traffic Engineering
Surveying & Mapping
Planning
Landscape Architecture
& Environmental Services
Construction Services
Indoor Air Qua~ty
Data Technologies
& Development
1800 BIer Drive, Suite 600
Fort lauderdale, Fl33316
Phone: 954.921.7781
Fax: 954.921.8807
www.calvin-giordano.com
Fort Lauderdale
Calvin, Giordano S Associates, Inc.
EXCEPTIONAL SOLUTIONS
~~, 2009
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Ms. Joanne Carr, AICP
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Re: Letter of Intent
Public Hearing Application for Variance
Miami-Dade Water and Sewer Pump Stations
#424 (21101 NE 28th Avenue)
#464 (3601 NE Jfth Street)
#475 (3650 NE 213th Street)
Dear Ms. Carr:
The proposed Variance is for the replacement of three single-walled (SW) underground
fuel storage tanks (UST's) which serve the emergency generators of three Miami-Dade
Water and Sewer Department (WASD) potable water pump stations (PS) located within
the City of Aventura. The pumps stations are located at 3601 NE 20ih Street (PS#
464),3650 NE 213th Street (PS# 475), and 21101 NE 28th Avenue (PS# 424).
This application proposes to replace the existing tanks with double-walled (DW)
aboveground fuel storage tanks (AST's) in order to bring them into compliance with
state and federal regulations. All single-walled regulated Aboveground Storage Tank
Systems must be upgraded with secondary containment by January 1, 2010 in
accordance with 62-762.511, F.A.C.
WASD PS# 464 and PS# 475 are proposed to have a 1,000 gallon capacity DW AST's.
WASD PS# 424, adjacent to the Aventura Hospital and Medical Center, is proposed to
have a 4,000 gallon capacity DW AST. The new tanks will be concealed and fully
screened from public view by an eight (8) foot concrete wall with a solid access gate to
match existing finish and incorporate landscaping to meet all city landscaping and
zoning regulations. The enclosure will also provide for added security from vandalism
and misappropriation of content.
The water pumps receiving the upgrade serve large portions of the City of Aventura,
and proper operation is essential to provide adequate and continuous service to the
area. These tanks are used to fuel emergency generators that keep these stations
operational during any power outage. Not only will replacing the storage tanks bring
them into compliance with state and federal regulations, but it will also provide for
efficient and cost effective maintenance of the tanks for any repairs, painting,
inspections, and any other required service, as well as help protect the environment.
Page 1 of 2
West Palm Beach
Orlando
Fort Pierce
Homestead
The following outlines how this application fulfills the general standards of the City of
Aventura's Land Development Code Section 31-76(e):
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would result
in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
If the regulations were carried out literally the owner would not be able to comply with
state and federal regulations. Therefore the literal enforcement of the regulations would
result in a hardship, rather than a mere inconvenience.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions upon the request for a variance are unique to the parcel, as the applicant
is required to comply with specific state and federal regulations only applicable to single-
walled regulated Aboveground Storage Tank Systems.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not otherwise
consistent with the LOR.
The alleged hardship is not economic and has not been deliberately created; rather it is
the result of state and federal regulations which require single-walled regulated
Aboveground Storage Tank Systems to be upgraded with secondary containment by
January 1, 2010.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The granting of the variance will not be detrimental to the public welfare or injurious to
other property or improvements in the vicinity; rather it will guarantee that potable water
service is provided to the surrounding properties, even when power to the pump station
has been interrupted.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The granting of the variance will not substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the public safety, or substantially
diminish or impair property values within the vicinity; rather it will guarantee that potable
water service is provided to the surrounding properties, even when power to the pump
station has been interrupted.
We respectfully request the proposed conditional use application be considered for
approval by the City of Aventura. You may contact our office at 954.921.7781 ext. 6542
for any questions, comments, or if you require additional information.
Sincerely,
Karen Friedman
Planner
P:\Projects\2007\071217 City of Aventura - Variance\Planning\APPLlCATIONSWARIANCE APPLlCATION\Letter of Intent-
Variance App.doc
Page 2 of 2
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EXHIBIT 2
01-CU-09 & 01-VAR-09
Exhibit #3
01-CU-09 and 01-VAR-09
Legal Description of Pumping Station #464
3601 NE 207 Street, City of Aventura
Tract "G", "The Waterways - Section 2", according to the plat thereof as recorded in
Plat Book 122, Page 87, of the Public Records of Miami-Dade County, Florida
Said lands lying in the City of Aventura, Miami-Dade County, Florida, and containing
2,500 square feet or 0.0574 acres more or less.
Legal Description of Pumping Station #475
3650 NE 213 Street, City of Aventura
Tract "P", "The Waterways - Section 4", according to the Plat thereof as recorded in
Plat Book 126, Page 41 of the Public Records of Miami-Dade County
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
2,503 square feet or 0.0575 acres, more or less.
Legal Description of Pumping Station #424
21101 NE 28 Avenue, City of Aventura
The west 145.0 feet of the south 90.97 feet of Lot 3, Block 3 of the subdivision of
Section 34, Township 51 South, Range 42 East as shown on "Map of the Town of
Hallandale", according to the plat thereof as recorded in Plat Book B, Page 13, of the
Public Records of Miami-Dade County, Florida, less therefrom the west 25.00 feet for
right of way
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
10,920 square feet or 0.2507 acres, more or less.
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APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and
submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying
application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity
applying for the Development Permit in connection with the application, as follows:
Name
Karen Friedman
Patrick A. Figurella, P.E.
Tammy D. Cook-Weedon, ASLA
GreQorv J. Clements
Relationship (i.e. Attorneys. Architects. Landscape
Architects. Engineers, Lobbyists. Etc.)
Planner, CGA
Engineer, CGA
Landscape Architect, CGA
Surveyor and Mapper, CGA
(Attach Additional Sheets If Necessary)
NOTICE:
ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY, APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC, 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS 5;j DAY OF (/:'r ,'"- .. j
HORIZED REPRESENTATIVE OF APPLICANT:
By:
Name:
Tille:
Address:
,200 :WNr-_ ~ ~ "
BY~ -' g:'1'_ ,~~
(Signature)
Name: Vi cen teE. Arrebola
(Print)
Title: Ass i s t ;:J n t f) i r F> r t n r
Address: 1 0 7 1 S W 1 R A v F> n 11 F>. S t h FL.
Miami, FT..3314fi
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared /-." .-fre r ;j"j)<as the authorized representative of the
Applicant and/or the owner of the property subject to the application, who being firstb'YiTieaUly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct. .j
--B
SWORN TO AND SUBSCRIBED BEFORE ME this j day of
..'! MARIA FERNANDEZ-OTERO
~':\ ~~\ Notary Public. State of Florida
$ · .i My Comm. Expires Dee 16,2012
\, ~i Commission 1# 00 836787
....'..W.f.~.'''' 8ondecllJlrough National Notary Assn.
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit IS made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x" applicable portions only)
)C 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[] L Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[] iL Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ ] iiL The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year:
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,00000 of the business of the Applicant or Representative in a given calendar year.
APPLICANT
DAY OF
,200_
By
Name:
Title:
(PrinV
(PrinV
~ESS MY HAND THIS S~ DAY OF f.." h ,~._' J
~PERTY OWNER:
./' ......, .
~~'~i ;~~; pCE~~';r~~ a !%:r:vature)
Title: Ass i s tan t D ire c tor (PrinV
,20ce
'The terms "Business Relationship," "Client," "Customer," ''Applicant,'' "Representative" and '~nterested Person" are defined in
Section 2-395 of the A ventura City Code.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI'DADE)
Before me, the undersigned authority, personally appeared if':; 1( f. jri'~'ffiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct
;-n
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, 200 ~~
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ori a At L ge II
mC,-""i 6. kJ-f'(J:/}l&'..e2-{)~e-pi.)
S
fore me, the undersigned authority, personally appeared
executed this A vi! for the purposes stated therein and that it is true and correct.
the Affiant who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
,200_
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and c
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
WITNESS MY HAND THIS ~ DAY OF ~l>vfP1hCr ,2001>
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
701- fir". a By: (Signature
By: . 6 l,\"(A~l }- , '.J!:\AAM, (Signature)
'1
Name Patrick A. Figurella, P.~. (~rint) Name: (Print)
Title: Engineer (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Tille: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec, 3 1-71 (b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete,
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Patrick A. Figurella, P,E,
Before me. the undersigned authority, personally appeared the Affiant. who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true .md correct.
-{::L' /L /\.: )/
, "{V'''J V,;,.. .~" uu. VI
AFFIANT ,
SWORN TO AND SUBSCRIBED before rne this n day of }.10'JOOW ' 200~
efore me, the undersigned authority, personally appeared
executed this davit for the purposes stated therein and that it is true and correct.
S:;:<:'~.'\ P. ;:;L:~,{~~~~J
MY CJ:i.1:/i!i::.:.':;[.! i'cJ,h6tnG
F..xPl~LES' ;\'~:...:~ 21, ~~(.ri"
BQn,j,~tl tilrou~h 1 st Sl;';~G Insurance
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
,200_.
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appea
executed this Affidavit for the purposes stated therein and that it is true a
the Affiant. who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before rne this _ day of
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_,
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
WITNESS MY HAND THIS $ DAY OF ~
:EPRE ~ A T1V~BUS;neSS RelaIJonsh; Affida .
BT-- \ ~ (Siqnature)
Name: Karen Friedman (print)
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. Tammy D. Cook-Weedon, ASLA (print)
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NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA }
COUNTY OF MIAMI'DADE)
Before me, the undersigned authority, personally appeared Karen Friedma~ the ~
executed this Affidavit for the purposes stated therem and that it is true and correct. ~--7
AFFIANT~,
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~'r5ublic S;afu of Florida At Large
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Pnnted Name of Notary /')
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COUNTY OF MIAMI,DADE) !4ij/ /
Before me. the undersigned authority, personally appeared Gregory J Clements ,I Affianl, who bel ; f~! ~UIY sworn,t11 r or affirm that he/she
executed this Affidavit for the purposes stated therem and that It IS true a ld correct ((',~) , --
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""~~~~~"" LORNA S, NEWTON 7 I I A " "
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~. * . g My Commission ExpiresApr 3.2011
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STATE OF FLORIDA )
COUNTY OF MIAMI'DADE)
B f d ' d h' I Tammy D Cook,Weedon, ASLA b' fi b d I d'd ffi h h I h
e ore me, the un erslgne aut Orlty, personal y appeared 'ttie Affiant, who Elng Irst y me u y sworn, I swear or a Irrn t at e s e
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Before me. the un d authority, personally appeared
executed this Affidavit for the purposes s erein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this _ day of
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
200_.
RESOLUTION NO. 2009-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW AN ABOVEGROUND EMERGENCY FUEL STORAGE
TANK IN THE MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
(RMF3) DISTRICT AND GRANTING VARIANCE FROM SECTION 31-
143(D)(4) OF THE CITY CODE TO ALLOW A 1,000 GALLON
CAPACITY SIZE OF TANK, WHERE A MAXIMUM TANK SIZE OF 550
GALLONS IS PERMITTED BY CODE, FOR MIAMI-DADE COUNTY
WATER PUMPING STATION #464 AT 3601 NE 207 STREET, CITY OF
AVENTURA; AND, GRANTING CONDITIONAL USE APPROVAL TO
ALLOW AN ABOVEGROUND EMERGENCY FUEL STORAGE TANK
IN THE MULTIFAMILY HIGH DENSITY RESIDENTIAL (RMF4)
DISTRICT AND GRANTING VARIANCE FROM SECTION 31-143(F)(4)
OF THE CITY CODE TO ALLOW A 1,000 GALLON CAPACITY SIZE
OF TANK, WHERE A MAXIMUM TANK SIZE OF 550 GALLONS IS
PERMITTED BY CODE, FOR MIAMI-DADE COUNTY WATER
PUMPING STATION #475 AT 3650 NE 213 STREET, CITY OF
AVENTURA; AND, GRANTING VARIANCE FROM SECTION 31-
144(F)(6) OF THE CITY CODE TO ALLOW A 4,000 GALLON
CAPACITY ABOVE GROUND EMERGENCY FUEL STORAGE TANK
IN THE MEDICAL OFFICE (MO) DISTRICT, WHERE A MAXIMUM
TANK SIZE OF 550 GALLONS IS PERMITTED BY CODE, FOR MIAMI-
DADE COUNTY WATER PUMPING STATION #424 AT 21101 NE 28
AVENUE, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the property described herein in Exhibit "A" is zoned Multifamily
Medium Density Residential (RMF3) District; the property described herein in Exhibit "B"
is zoned Multifamily High Density Residential District (RMF4) and the property
described herein in Exhibit "C" is zoned Medical Office (MO) District; and
WHEREAS, the applicant, Miami Dade County Water and Sewer Department,
through Applications No. 01-CU-09 and 01-VAR-09 is requesting conditional use
approval pursuant to Section 31-143(d)(4) and Section 31-143(f)(4) of the City Code to
allow an aboveground emergency fuel storage tank in the Multifamily Medium Density
Resolution No. 2009-
Page 2
Residential (RMF3) District and in the Multifamily High Density Residential (RMF4)
District respectively ; variance from Section 31-143(d)(4) to allow a 1,000 gallon
aboveground emergency fuel storage tank where a maximum tank size of 550 gallons
is permitted by Code; variance from Section 31-143(f)(4) to allow a 1,000 gallon
aboveground emergency fuel storage tank where a maximum tank size of 550 gallons
is permitted by Code; and variance from Section 31-144(f)(6) to allow a 4,000 gallon
aboveground emergency fuel storage tank where a maximum size of 550 gallons is
permitted by Code, all for its water pumping stations at 3601 NE 207 Street, 3650 NE
213 Street and 21101 NE 28 Avenue, respectively, City of Aventura; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to allow an aboveground emergency
fuel storage tank in the Multifamily Medium Density Residential (RMF3) District and
Variance from Section 31-143(d)(4) to allow a 1,000 gallon size of tank, where a
maximum tank size of 550 gallons is permitted by code, is hereby granted, subject to
the conditions set out in this Resolution, on property legally described in Exhibit "A" to
this Resolution and known as municipal address 3601 NE 207 Street, City of Aventura.
Section 2. Application for Conditional Use to allow an aboveground
emergency fuel storage tank in the Multifamily High Density Residential (RMF4) District
Resolution No. 2009-_
Page 3
and Variance from Section 31-143(f)(4) to allow a 1,000 gallon size of tank, where a
maximum tank size of 550 gallons is permitted by code, is hereby granted, subject to
the conditions set out in this Resolution, on property legally described in Exhibit "B" to
this Resolution and known as municipal address 3650 NE 213 Street, City of Aventura.
Section 3. Application for Variance from Section 31-144(f)(6) to allow a 4,000
gallon aboveground emergency fuel storage tank, where a maximum tank size of 550
gallons is permitted by Code is hereby granted, subject to the conditions set out in this
Resolution, on property legally described in Exhibit "c" to this Resolution and known as
municipal address 21101 NE 28 Avenue, City of Aventura.
Section 4. Approval of the requests above is subject to the following conditions:
1. Building permits shall be obtained within 12 months of the date of this Resolution,
failing which this approval shall be deemed null and void. The City Commission
may, by resolution or motion at a regular meeting, grant one extension of up to six
months for good cause shown by the applicant and upon written request for such
extension by the applicant within the initial 12 month approval period.
2, Any discontinuation of the approved conditional use for a period of 180 consecutive
days shall constitute abandonment and shall rescind the approval of the conditional
use,
3. Plans shall comply with those submitted as follows:
Pump Station No. 464 described in Exhibit <fA ":
. "Pump Station No. 464", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc., Inc" received 7/14/09, signed and sealed 4/2/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Cover Sheet,
prepared by Calvin Giordano & Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Site Plan &
Sections, Sheet SP103, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc., Inc" signed and
sealed 7/13/09.
Resolution No. 2009-
Page 4
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Paving,
Grading and Drainage Plan, Sheet C-103, prepared by Calvin Giordano & Assoc"
Inc., signed and sealed 6/19/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Preservation
Plan & Notes-Planting Plan & Plant List, Sheet L-103, prepared by Calvin Giordano
& Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 464", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc., Inc., signed
and sealed 7/13/09.
Pump Station No. 475 described in Exhibit "B":
. "Pump Station No. 475", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc., Inc" received 7/14/09, signed and sealed 4/2/08.
. "MDWSD Pumping Station Modifications - Pumping Station No, 475", Cover Sheet,
prepared by Calvin Giordano & Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Site Plan &
Sections, Sheet SP1 01, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09,
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc., Inc" signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Paving,
Grading and Drainage Plan, Sheet C-101, prepared by Calvin Giordano & Assoc.,
Inc., signed and sealed 6/19/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Preservation
Plan & Notes-Planting Plan & Plant List, Sheet L-101, prepared by Calvin Giordano
& Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 475", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc,, Inc., signed
and sealed 7/13/09.
Pump Station No. 424 described in Exhibit "e":
. "Pump Station No. 424", Boundary Survey, Sheet 1 Of 1, prepared by Calvin,
Giordano & Assoc" Inc., received 7/14/09, signed and sealed 4/2/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Cover Sheet,
prepared by Calvin Giordano & Assoc" Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Site Plan &
Sections, Sheet SP102, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Details &
Sections, Sheet SP501, prepared by Calvin Giordano & Assoc" Inc., signed and
sealed 7/13/09.
Resolution No. 2009-_
Page 5
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Details &
Sections, Sheet SP502, prepared by Calvin Giordano & Assoc., Inc., signed and
sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Paving,
Grading and Drainage Plan, Sheet C-102, prepared by Calvin Giordano & Assoc.,
Inc., signed and sealed 6/19/08.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Preservation
Plan & Notes-Planting Plan & Plant List, Sheet L-102, prepared by Calvin Giordano
& Assoc., Inc., signed and sealed 7/13/09.
. "MDWSD Pumping Station Modifications - Pumping Station No. 424", Typical
Planting Details, Sheet L-500, prepared by Calvin Giordano & Assoc" Inc., signed
and sealed 7/13/09.
Section 5. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 6. 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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Resolution No. 2009-_
Page 6
PASSED AND ADOPTED this 1st day of September, 2009.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFIC ENCY:
In,
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 1st day of September, 2009.
CITY CLERK
Resolution No. 2009-
Page 7
Exhibit "A"
Legal Description of Pumping Station #464
3601 NE 207 Street, City of Aventura
Tract "G", "The Waterways - Section 2", according to the plat thereof as recorded in
Plat Book 122, Page 87, of the Public Records of Miami-Dade County, Florida
Said lands lying in the City of Aventura, Miami-Dade County, Florida, and containing
2,500 square feet or 0,0574 acres more or less.
Resolution No. 2009-
Page 8
Exhibit "B"
Legal Description of Pumping Station #475
3650 NE 213 Street, City of Aventura
Tract "P", "The Waterways - Section 4", according to the Plat thereof as recorded in
Plat Book 126, Page 41 of the Public Records of Miami-Dade County
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
2,503 square feet or 0,0575 acres, more or less.
Resolution No, 2009-_
Page 9
Exhibit "C"
Legal Description of Pumping Station #424
21101 NE 28 Avenue, City of Aventura
The west 145.0 feet of the south 90.97 feet of Lot 3, Block 3 of the subdivision of
Section 34, Township 51 South, Range 42 East as shown on "Map of the Town of
Hallandale", according to the plat thereof as recorded in Plat Book B, Page 13, of the
Public Records of Miami-Dade County, Florida, less therefrom the west 25,00 feet for
right of way
Said lands lying in the City of Aventura, Miami-Dade County, Florida and containing
10,920 square feet or 0.2507 acres, more or less.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
irector
FROM:
Eric M, Soroka, IC
City Manager
BY:
Joanne Carr, AIC
Community Develop
DATE: August 4, 2009
SUBJECT: Proposed Amendment to City Code to Add Article VI. to
Chapter 14 to establish a Green Building Program for
the City of Aventura (01-CC-09)
September 1, 2009 City Commission Meeting Agenda Item 2: fl
October 6, 2009 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the ordinance attached to this
report, amending the City Code to add Article VI. to Chapter 14 "Buildings and Building
Regulations" to establish a Green Building Program for the City of Aventura.
THE AMENDMENT
To continue and expand the City's "Go Green" program to promote green initiatives and
following discussion at the June 16 and July 18 City Commission workshop meetings, staff
has drafted the attached ordinance to establish a Green Building Program for
developments within the City. Green buildings use environmentally superior building
materials, reduce waste generated by construction, employ mechanical systems and
technologies that are energy efficient, conserve water and are designed to minimize
impacts on local natural habitat. Green buildings are healthier for the occupants than
traditional construction by relying on natural daylight for illumination and using less toxic
building and cleaning materials.
The proposed ordinance provides for voluntary participation by private developments in
the City and provides incentives based on the LEED@ rating level that a building achieves.
Those incentives are as follows:
For LEED@ Certified and Silver BuildinQs:
. Expedited building permit review and inspection, so that applications for green
buildings would be given review and inspection priority over applications that do
not involve a green building
. Expedited site plan review with priority given to applications for green buildings
. Marketing of green buildings on site construction signs.
. Plaque on the building designating the project under the Program.
The two latter incentives require amendment to the City's Sign Code to permit the building
plaque and the additional language on construction signs. A Land Development
Regulation amendment ordinance has been prepared and is on the September 1 City
Commission meeting agenda as a separate item.
. Inclusion of green buildings on the "Go Green" page on the City's website to
recognize the building and to direct businesses that wish to lease or buy in a
green building.
. Eligibility for Green Building Award at the annual "Go Green" awards ceremony,
. Administrative variances to allow orientation of the building to take full
advantage of available natural resources, such as yard setbacks, landscape
buffers, driveways, and/or architectural design standards needed to support the
proposed design in the opinion of the City Manager,
The administrative variances proposed require an amendment to the City's Land
Development Regulations to allow these variances. An amending ordinance has been
prepared and is on the September 1 City Commission meeting agenda as a separate item.
For LEED@ Gold or Platinum BuildinQs:
In addition to the incentives above for LEED@ Certified and Silver buildings:
. FAR bonus, with a 25% maximum increase of permitted FAR, as a conditional use
approval rather than a variance approval. This would provide a compatibility
standard rather than a hardship standard for increased floor area for this level of
certification.
. Lot coverage bonus, to a maximum 80% lot coverage, as a conditional use,
provided that the building has a green roof or green rooftop amenities and provides
increased Florida-Friendly tree canopy and Florida-Friendly plantings to calm the
heat island effect on site, in an amount equal to the requested lot coverage
increase.
2
Both of these incentives require amendment to the City's Land Development Regulations
to add these bonuses to the list of conditional uses in zoning districts. An amending
ordinance has been prepared and is on the September 1 City Commission meeting
agenda as a separate item.
In order to ensure that incentives are provided only for certified green buildings, the
ordinance adds to the City Code, definitions of words used in the ordinance, adds a
requirement that the developer enter into an agreement with the City to provide a copy of
program registration, proposed certification checklist, detail of proposed credits for
certification and provides that the LEED@ checklist items must be shown on the building
permit as a condition of permit issuance, For LEED@ Gold and Platinum buildings, the
proposed level of certification is to be guaranteed by bond or letter of credit, which would
be forfeited to the City if the level is not attained. The bond or security amount is
recommended at 1 % of construction costs,
The ordinance further provides that certification of the building will be made by the Green
Building Certification Institute; that program information will be posted on the City website
for the purpose of educating potential or current program participants; that City staff are
encouraged to attend green building training; and that staff will annually review the
program to determine need for changes to increase its effectiveness and report on such
review to the City Commission.
3
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE OF THE CITY OF
A VENTURA BY ADDING NEW ARTICLE VI. ENTITLED
"GREEN BUILDING PROGRAM" TO CHAPTER 14
"BUILDINGS AND BUILDING REGULATIONS" OF THE
CITY CODE; ESTABLISHING DEFINITIONS,
STANDARDS, PROCEDURES, REQUIREMENTS AND
INCENTIVES; PROVIDING FOR VOLUNTARY
PARTICIPATION RELATING TO NEW CONSTRUCTION
OR SUBSTANTIAL RENOVATIONS AS PROVIDED IN
THE ARTICLE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, a green building is a structure that is designed, built, renovated,
operated or reused in an ecological and resource efficient manner; and
WHEREAS, the Leadership in Energy and Environmental Design (LEED@)
Green Building Rating System, developed by the U.S, Green Building Council (USGC)
provides standards for environmentally sustainable construction; and
WHEREAS, the hallmark of LEED@ is that it is an open and transparent process
where the technical criteria proposed by the LEED@ Committees are publicly reviewed
for approval by the more than 10,000 membership organizations that currently
constitute the USGBC; and
WHEREAS, green building construction results in benefits to the environment,
economy and health of the community; and
WHEREAS, the City Commission has determined that due to these benefits, it is
in the best interest of the public health, safety and welfare of the citizens, residents and
workers in the City of Aventura to provide an incentive program for private new
construction and substantial renovations to LEED@ standards.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, AS FOLLOWS:
Section 1. Findinas. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Ordinance No. 2009 -
Page 2
Section 2. Article VI. Green Buildings Program. Added to Chapter 14 of
City Code. That the following text is hereby added as Article VI of Chapter 14
"Buildings and Building Regulations" of the City Code 1:
"Article VI. Green Building Program
Section 14-110. Definitions
The followinQ words, terms and phrases. when used in this article, shall have the
meaninQs ascribed to them in this section. except where the context c1earlv indicates a
different meaninQ or as may be amended from time to time.
BuildinG means any structure havinQ a roof supported bv columns or walls and used or
built for the shelter or enclosure of persons or property and includes the word structure
and includes any part thereof.
City means the City of Aventura.
Construction means any proiect associated with the creation. development. or erection
of any buildinQ eliQible for the proQram,
Current means the standard in place at the time a proQram participant submits a
proiect application form with the iurisdiction.
Florida Friendlv PlantinGs means trees and plants that conserve water and protect the
environment bv usinQ drouQht tolerant landscapinQ. accordinQ to desiQn standards and
any amendments thereto developed pursuant to F.S. 373.228.
Green BuildinG means a buildinQ whose desiQn. construction and operation promotes
the preservation of resources and environmentallv sensitive construction practices,
systems and materials. In makinQ the determination of whether a structure is a Qreen
buildinQ, the City shall relv on the review. evaluation and reQistration. certificate and/or
verification of the desiQn bv the U.S. Green BuildinQ Council. or other recoQnized
Qreen buildinQ ratinQ system approved bv resolution of the City Commission, subiect to
the requirements of this article,
Green BuildinG Certification Institute (GBCI) means the orQanization which administers
and provides third party proiect certification for commercial and institutional buildinQs
and tenant spaces under the U.S, Green BuildinQ Council's Leadership in EnerQV and
Environmental DesiQn (LEED) Green BuildinQ RatinQ Systems.
1 Underlined text indicates proposed additions to the City Code: stricken throuqh text indicates proposed
deletions from existinq City Code text.
Ordinance No, 2009 -
Page 3
Green BuildinG ProGram means the proQram outlined in this ordinance for obtaininQ
incentives for Qreen buildinQs and developments,
Green Development means the use of sustainable buildinQ and development planninQ
methods utilized in a way that result in minimum impact on natural resources. enerQY
consumption. use of water. use of raw materials and waste Qeneration, thereby
affordinQ inhabitants a potentially hiQher quality of life.
tEED@ means Leadership in EnerQY and Environmental DesiQn (LEED@) Green
BuildinQ RatinQ System developed by the US Green BuildinQ Council. or other
recoQnized Qreen buildinQ ratinQ system approved by resolution of the City Commission.
Participant means private property owners.
ProGram means the City's Green BuildinQ ProQram.
ProGram Certification means the final desiQnation awarded to a proQram participant by
the GBCI for satisfyinQ all requirements associated with the proQram for a particular
proiect.
ProGram Participant means any person or entity seekinQ proQram certification for a
particular proiect.
Proiect means any construction associated with the creation. development. or erection
of any buildinQ eliQible for the proQram.
Proiect Application Form means the form submitted to the iurisdiction indicatinQ that a
proQram participant is interested in participatinQ in the prOQram for a particular proiect.
Structure means anvthinQ constructed or installed. the use of which requires a location
on a parcel of land. AmonQ other thinQs. it includes roads. driveways. walkways. paths.
fences. patios. decks. swimminQ pools. tennis courts, poles. pipelines. transmission
lines. tracks. siQns. sheds. docks and other accessory construction,
Sub-proGram means any area of construction covered by the proQram.
Substantial Renovation means a renovation at a cost exceedinQ 50 percent of the value
of the buildinQ as determined by the City's BuildinQ Official.
Sustainable Construction means the process of environmentally sensitive. resource
efficient site selection. preparation. desiQn. construction, and operation of buildinQs.
Ordinance No. 2009 -
Page 4
Any word not defined herein shall be construed as provided in Section 31-21 of the City
Code. or in the Florida Buildinq Code. if provided therein. and if in conflict. the most
restrictive shall apply.
Section 14-111. Purpose and Intent
The purpose of this article is to establish and promote qoals. proqrams and procedures
that will help the City become a more sustainable community. This proqram shall define
and establish environmental qoals and standards for a LEED certification-based qreen
buildinq proqram with incentives and bonuses. This proqram will promote economic
and environmental health in the City throuqh sustainable and environmentally friendly
desiqn and construction.
Section 14-112. Administration and Implementation of the Proaram.
The Proqram shall be administered by City Manaqer or desiqnee. who shall be
responsible for:
(a) marketinq the Proqram to the community by any reasonably effective means.
includinq but not limited to press releases. television advertisinq or advertisinq in
electronic or print mailers;
(b) developinq any appropriate or necessary application procedures. includinq but
not limited to. the Proqram application form and developer aqreement form;
(c) writinq policies and procedures for staff implementation of the Proqram;
(d) providinq and implementinq an incentive award as herein provided to any
Proqram Participant who has committed to and/or successfully satisfied the
requirements of the Proqram; and
(e) resolvinq disputes that may arise from implementation of the Proqram.
Section 14-113. Green Buildina Proaram Applicability.
This Proqram shall be voluntary for all private buildinqs involvinq new construction or
Substantial Renovation,
Section 14-114. Green Buildina Standards.
In addition to the Florida Buildinq Code minimum standards, the Proqram shall be
administered usinq the then current standards developed by the U.S. Green Buildinq
Council (USGBC). These standards shall apply to each Sub-Proqram as follows:
@l New BuildinQs: The Proqram Participant shall satisfy all of the requirements
Ordinance No. 2009 -
Page 5
associated with the then current USGBC LEED@ 2009 for New Construction,
or the most current version. or other derived USGBC LEED@ ratina system
as applicable to the project type (e.a. LEED@ for Core & Shell. LEED@ for
Schools. LEED@ for Health Care) Proaram; and
fQl Renovation of ExistinQ Buildinas: The Proaram Participant shall satisfy all of
the requirements of the then current LEED@ certification for Existina
Buildinas: Operations & Maintenance, or other LEED@ RatinQ System as may
be applicable based on the scope of work performed as part of the
renovations.
If there is a conflict between the USGBC standards and the Florida BuildinQ Code
(FBC) or Florida Fire Prevention Code (FFPC), the FBC and FFPC take precedence.
Section 14-115. Incentives and Bonuses; Agreement and Bond Reauirements.
The ProQram shall consist of incentives/bonuses (collectivelv referred to as "incentives"
when the context requires) desiQned to encouraQe the use of the ProQram and listed in
this section. Incentives and bonuses shall be administered bv the City ManaQer or
desianee on an incremental basis based on level of certification to be attained and
subject to full documentary evidence beinQ provided to the satisfaction of the City
ManaQer or desianee and in accordance with the criteria established bv this article and
the pertinent provisions of the Land Development Code.
I. For those buildinQs that attain LEED@ Certification or LEED@ Silver Certification
(i) Expedited site plan review, that is. site plan applications for Qreen buildinQs
shall be Qiven priority review bv the City;
(ii) Expedited buildinQ permit review. that is, buildinQ permit applications for
Qreen buildinQs shall be Qiven priority review bv the City;
(iii) Marketina incentives includinQ ProQram participation announcement on the
site construction siQn; a plaque not to exceed two square feet to be
attached to the BuildinQ desianatinQ the project under the ProQram, subiect
to the review and approval of the City ManaQer or desianee: such plaque
shall be treated as a Qovernmental information sian exempt from permittina
but subiect to other reQulations as provided in the City Code; the inclusion
of Proaram Participants and their BuildinQ information on the City's "Go
Green" webpaQe: press releases: and eliQibilitv for Green BuildinQ award in
the City's annual "Go Green" awards proQram.
(iv) Administrative variances to allow orientation of the BuildinQ to take full
advantaQe of available natural resources. such as yard setbacks, landscape
buffers, driveways and/or architectural desiQn standards needed to support
the proposed desiQn in the opinion of the City ManaQer or his desiQnee.
Ordinance No. 2009 -
Page 6
II. For those Buildinqs that attain LEED@ Gold Certification or Platinum Certification
(i) All of the incentives in I. above; and
(ii) Floor Area Ratio (FAR) bonus. to a maximum 25% increase of permitted
FAR. but not to exceed an FAR of 2,0 for properties with a Business &
Office Future Land Use Desiqnation, usinq the conditional use approval
standards in Section 31-73 of the City Code rather than the variance
approval standards in Section 31-76 of the City Code; and
(iii) Lot coveraqe bonus, to a maximum of 80% lot coveraqe. provided that a
qreen roof and/or qreen rooftop amenities are provided and maintained
for the common benefit of buildinq occupants; and; that increased Florida-
Friendly tree canopy and Florida-Friendly plantinqs desiqned to calm the
heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe, usinq the conditional use approval
standards in Section 31-73 of the City Code rather than the variance
approval standards in Section 31-76 of the City Code.
Prior to filinq an application for award of incentives and/or bonuses. the Proqram
Participant shall reqister their intent with the USGBC for LEED@ certification and obtain
in writinq a proposed checklist of certification points that may be attainable for the
proiect. The Proqram Participant shall then be required to attend a pre-application
meetinq with the City Manaqer or desiqnee for the purpose of a review of the proposed
certification checklist and detail of proposed credits for certification, The checklist and
certification details shall be confirmed throuqh a written aqreement between the
property owner and the City, in the form prescribed by the City. and throuqh a covenant
recorded in the public records in form approved by the City Attorney, that the proposed
manner of compliance with LEED@ certification as provided by the Proqram quidelines,
policies and procedures will be incorporated into the development and maintained in
perpetuity. All checklist items will be shown and/or noted on the plans submitted for
buildinq permit approval. as a condition of permit issuance.
Prior to filinq an application for award of incentives and/or bonuses for LEED@ Gold
and Platinum buildinqs described in Paraqraph numbered II. of this section. in addition
to the requirements of the precedinq paraqraph. the Proqram Participant shall provide a
performance bond or other security in form approved by the City Manaqer and City
Attorney as follows:
(i) the bond or security shall be in an amount equal to one (1 %) percent of the
value of proposed costs of construction as approved by the City's Buildinq
Official;
(ii) the bond or security shall be submitted at the time of filinq of any application
Ordinance No, 2009 -
Page 7
for award of incentives and/or bonus;
(iii) the bond or security shall be subiect to call bv the City 180 days from the
issuance of the certificate of occupancy or certificate of completion.
whichever first occurs. if LEED@ certification has not been achieved bv that
time, Reasonable extensions of time, UP to a maximum of one (1) year from
the issuance of the certificate of occupancy or certificate of completion
whichever first occurs. may be Qranted bv the City ManaQer or his desiQnee
for Qood cause.
If the ProQram Participant is awarded an incentive and/or bonus provided herein and
fails to complete LEED@ certification as committed within one (1) year from the
issuance of the certificate of occupancy or certificate of completion. whichever first
occurs. then the City ManaQer or desiQnee shall deem such bond or security forfeited to
the City for any lawful Qovernmental purpose identified bv the City Commission; and
If the proiect receives LEED@ certification at the level described in the aQreement and
covenant prior to the expiration of the 180 day period provided for above, or extensions
of time Qranted bv the City ManaQer or desiQnee, and the bond has not been forfeited
as provided above. then the bond or security may be released followinQ submittal to the
City of written proof of level of LEED@ certification bv the USGBC.
Section 14-116. Certification.
The proiect shall be subiect to certification bv the Green BuildinQ Certification Institute.
Section 14-117. Education and Trainina.
(a) The City shall post ProQram information on its website for the purpose of educatinQ
potential or current ProQram Participants about the ProQram.
(b) The City shall encouraQe staff from the BuildinQ Division. PlanninQ and ZoninQ
Division of the Community Development Department and from the Public Works
Division of the Community Services Department to attend Qreen buildinQ traininQ.
Section 14-118. Proaram Review.
(a) Staff review, The City shall provide for a review of the ProQram to determine the
need for chanQes in the ProQram to increase it effectiveness.
(b) Frequencv. The ProQram shall be subiect to review one year after the effective
date of this article and thereafter at a frequency of not more than once per year.
(c) Purpose. The purpose of reviewinQ the ProQram includes but is not limited to
updatinQ ProQram standards. incentives and bonuses. recommendinQ ProQram or
Ordinance No. 2009 -
Page 8
marketina chanaes. reviewina suaaestions made bv Proaram Participants. and
reportina to the City Commission.
Section 3. 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
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
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 Code of the City of Aventura.
Section 5. Effective Date. That this Ordinance shall be effective upon
passage by the City Commission on second reading, subject to passage by the City
Commission on second reading of amendments to Chapter 31 of the City Code, Land
Development Regulations, required to implement the incentive and/or bonus provisions
of this Ordinance, as applicable.
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 lev Auerbach
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
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 lev Auerbach
Commissioner Bob Diamond
Commissioner Michael Stern
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
Ordinance No. 2009 -
Page 9
PASSED on first reading this 1st day of September, 2009.
PASSED AND ADOPTED on second reading this 6th day of October, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGA~Y:
;--1/ fwr .
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
TO:
City Commission
rector
FROM:
Eric M. Soroka, IC
City Manager
BY:
Joanne Carr, AIC
Community Develo
DATE: August 4, 2009
SUBJECT: Proposed Amendment to Chapter 31, Land Development Regulations, to
implement green building incentives for the City of Aventura (03-LDR-09)
September 1, 2009
September 1, 2009
October 6, 2009
Local Planning Agency Agenda Item .1..
City Commission Meeting Agenda Item 1.8
City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the request for amendments to
Chapter 31, Land Development Regulations, of the City Code to implement the green
building incentives proposed by Article VI. of Chapter 14 of the City Code.
THE REQUEST
City staff is requesting amendments to Chapter 31, Land Development Regulations, to
implement the green building incentives proposed by Article VI. of Chapter 14 of the City
Code.
DESCRIPTION OF THE PROPOSED AMENDMENTS
The ordinance shows additions proposed to Chapter 31, Land Development Regulations,
in underlined text. Deletions are shown in stricken-through text.
The first amendment is to Section 31-76, Variances, to permit administrative variances to
allow orientation of the building to take full advantage of available natural resources,
including yard setbacks, landscape buffers, driveways and/or architectural design
standards. The administrative variance may be granted by the City Manager or designee
only when competent and substantial evidence is presented and the particular case shows
that all of the following have been met:
(1) that the building attains LEED@ certification, LEED@ Silver certification, LEED@
Gold certification or LEED@ platinum certification as provided in Article IV of Chapter 14 of
the City Code; and
(2) that the granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity; and
(3) that the proposed variance will not substantially increase the congestion in the
public streets or increase the danger of fire or endanger public safety or substantially
diminish or impair property values within the vicinity.
The second amendment is to Section 31-143, Residential Zoning Districts, to allow
increased lot coverage and increased floor area ratio for LEED@ Gold or Platinum
buildings as a conditional use in each of the residential zoning districts.
The third amendment is to Section 31-144, Business Zoning Districts, to allow increased
lot coverage and increased floor area ratio for LEED@ Gold or Platinum buildings as a
conditional use in each of the business zoning districts.
The fourth amendment is to Section 31-145, Town Center Zoning Districts, to allow
increased lot coverage and increased floor area ratio for LEED@ Gold or Platinum
buildings as a conditional use in the two Town Center zoning districts,
The fifth amendment is to Section 31-191, Sign Regulations, to permit a two square foot
metal plaque designating the building as LEED certified and to permit construction signs to
announce program participation,
ANALYSIS
The proposed amendments implement the incentives proposed by the City's Green
Building Program. The ordinance establishing the Green Building Program is scheduled
for first reading by the City Commission at its meeting of September 1, 2009.
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendments are legally required.
The proposed amendments are legally required to implement the incentives for the
City's Green Building Program.
2. The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan. Objective 10 of the Land Use Goal of the Future Land Use
2
Element is that the City shall continue to maintain, update and enhance the municipal
code, administrative regulations and procedures, to ensure that future land use and
development is consistent with the Plan and to promote better planned development
and communities with well designed buildings.
3. The proposed amendments are consistent with the authority and purpose of the
LORs.
The LDRs are enacted pursuant to the requirements and authority of F.S. Ch. 163,
Part II and the general powers confirmed in F,S. Ch. 166, The purpose of the LDRs is
to implement further the Comprehensive Plan of the City by establishing regulations,
procedures and standards for review and approval of all development and uses of land
and water in the City. The LDRs are adopted in order to foster and preserve public
health, safety and welfare and to aid in the harmonious, orderly and progressive
development and redevelopment of the City. The proposed amendments are
consistent with this authority and purpose.
3, The proposed amendments further the orderly development of the City.
The proposed amendments further the orderly development of the City.
4. The proposed amendments improve the administration or execution of the
development process,
The proposed amendments improve the administration or execution of the
development process in that they provide for implementation of incentives contained in
the City's Green Building Program.
3
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" OF THE CITY CODE TO IMPLEMENT
GREEN BUILDING INCENTIVES PROPOSED BY ARTICLE
VI. "GREEN BUILDING PROGRAM" OF CHAPTER 14,
"BUILDINGS AND BUILDING REGULATIONS" OF THE
CITY CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to implement green building incentives proposed by Article
VI. "Green Building Program" of Chapter 14, "Buildings and Building Regulations" of the
City Code; 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 Local Planning Agency has reviewed the proposed
amendments pursuant to the required public hearing and has recommended approval
to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in 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, THAT:
Section 1, Section 31-76(J) Administrative Variances, is hereby added to the
Land Development Regulations to read as follows 1:
"Sec. 31-76. Variances.
(J) Administrative Variances for Green Buildinq Proqram, An administrative variance to
allow orientation of the buildinq to take full advantaqe of available natural resources,
1 Underlined provisions constitute proposed additions to existing LDR text; €tricken through provisions
indicate proposed deletions from existing LDR text.
Ordinance No. 2009 -
Page 2
includinq yard setbacks, landscape buffers, driveways and/or architectural desiqn
standards may be qranted by the City Manaqer or desiqnee only when competent and
substantial evidence is presented and the particular case shows that all of the followinq
have been met:
(1) that the buildinq attains LEED@ certification. LEED@ Silver certification, LEED@
Gold certification or LEED@ platinum certification as provided in Article VI of Chapter 14
of the City Code: and
(2) that the Qrantinq of the variance will not be detrimental to the public welfare or
iniurious to other property or improvements in the vicinity; and
(3) that the proposed variance will not substantially increase the conqestion in the
public streets or increase the danqer of fire or endanqer public safety or substantially
diminish or impair property values within the vicinity,
Section 2, Section 31-143. Residential Zoning Districts of the Land
Development Regulations is hereby amended as follows2:
"Sec. 31-143. Residential Zoning Districts.
(b) Residential Single Family Districts. (RS1). The following regulations shall apply
to all RS 1 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe. to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe.
(c) Single Family Residential Districts (RS2). The following regulations shall apply
to all RS2 Districts.
2 Underlined provisions constitute proposed additions to existing LDR text; stricken through provisions
indicate proposed deletions from existing LDR text.
Ordinance No. 2009 -
Page 3
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraoe, to a maximum of
80% lot coveraoe, provided that a oreen roof and/or oreen rooftop amenities are
provided and maintained for the common benefit of buildino occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinos desioned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraoe.
(d) Multifamily Medium Density Residential Districts (RMF3), The following
regulations shall apply to all RMF3 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraoe. to a maximum of
80% lot coveraoe, provided that a oreen roof and/or oreen rooftop amenities are
provided and maintained for the common benefit of buildino occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinos desioned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraoe.
c. For buildinos that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio.
(e) Multifamily Medium Density Residential Districts (RMF3A). The following regulations
shall apply to all RMF3A Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
Ordinance No. 2009 -
Page 4
b. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe. to a maximum of
80% lot coveraqe. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants: and: that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe.
c. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI, of Chapter 14 of the City Code. increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio.
(f) Multifamily High Density Residential Districts (RMF4). The following regulations
shall apply to all RMF4 Districts.
(2a) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. All uses permitted in the CF District.
b. Uses that exceed the height limitation to a maximum of 30 stories or 300 feet, or
to a maximum height of 35 stories or 350 feet for any property which was
granted a waiver pursuant to Section 3 of Ordinance 2005-07.
c. Uses that exceed the density limitation, to a maximum of 60 dwelling units per
gross acre.
d. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraqe, to a maximum of
80% lot coveraQe. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe.
e. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio.
(g) Multifamily Medium Density Residential District (RMF3B). The following regulations
shall apply to all RMF3B Districts:
Ordinance No. 2009 -
Page 5
(3) Conditional uses. The following uses may be established if first approved as a
conditional use:
a. Uses that exceed the height limitations, but in no event shall uses exceed seven
stories or 90 feet in height.
b. All uses permitted in the CF District.
c. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
d. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio.
Section 3. Section 31-144. Business Zoning Districts of the Land Development
Regulations is hereby amended as follows3:
"Sec. 31-144. Business Zoning Districts.
(b) Neighborhood Business (B1) District. This district is intended to provide primarily
for retail sales and services to a surrounding neighborhood. Retail sales permitted
therein are intended to include primarily convenience goods which are usually a daily
necessity for a residential neighborhood. The district is appropriate for location on a
collector or an arterial roadway.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
q. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiQned to
3 Underlined provisions constitute proposed additions to existing LOR text; stricken through provisions
indicate proposed deletions from existing LOR text.
Ordinance No. 2009 -
Page 6
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio, but not to exceed a floor area ratio of
2.0.
(c) Community Business (B2) District. This district is intended primarily to provide for
general commercial activity for a wide range of goods and services to the entire
community and sub region. Such businesses generally require locations convenient for
both vehicular and pedestrian traffic and would be expected to have orientation toward
and direct access to arterial roadways.
(2) Conditional use. The following uses if first approved as a conditional use:
I. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
m. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio, but not to exceed a floor area ratio of
2.0,
(d) Heavy Business (B3) District. This district is intended to provide locations for
planned commercial centers, sharing a common identity, parking and other support
facilities developed according to an overall development plan; and for a wide range of
goods and services to serve a market beyond the community itself. Such commercial
concentrations are expected to draw substantial patronage from outside areas and are
not expected to serve the convenience needs of local residents. As such, these
centers should be oriented towards, and have direct access to arterial roadways,
particularly major arterials.
(2) Conditional use. The following uses may be established if first approved as a
conditional use:
Q. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Ordinance No. 2009 -
Page 7
Article VI. of Chapter 14 of the City Code. increased lot coveraqe, to a maximum of
80% lot coveraqe. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraqe,
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio. but not to exceed a floor area ratio of
2.0.
(e) Office Park (OP) District. This district is intended to provide for high-quality, semi-
professional and professional offices in a campus setting reflecting creative design
and environmentally compatible use of space and perimeter buffer areas, This
zoning district may be applied to land designated Business and Office and Industrial
and Office on the City's Future Land Use Map, however the uses within this district
shall be consistent with, but may be more restrictive than, the corresponding
Business and Office and Industrial and Office category permitted uses.
(2) Conditional use. The following uses if first approved as a conditional use:
h. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe, to a maximum of
80% lot coveraqe. provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants: and: that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
i. For buildinqs that attain LEEO@ Gold or Platinum certification as provided in
Article VI, of Chapter 14 of the City Code. increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio. but not to exceed a floor area ratio of
2.0.
(f) Medical Office (MO) District. This district is intended to provide for medical offices
and other uses supporting the medical profession associated with the hospital. This
zoning district may be applied to land designated Business and Office on the City's
Future Land Use Map, however the uses within this district shall be consistent with,
but may be more restrictive than, the corresponding Business and Office category
permitted uses.
Ordinance No, 2009 -
Page 8
(2) Conditional use. The following uses if first approved as a conditional use:
i. For buildinas that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraae, to a maximum of
80% lot coveraae. provided that a areen roof and/or areen rooftop amenities are
provided and maintained for the common benefit of buildina occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinas desianed to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraae.
k. For buildinas that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio. but not to exceed a floor area ratio of
2.0.
Section 4. Section 31-145. Town Center Zoning Districts of the Land
Development Regulations is hereby amended as follows4:
"Sec. 31-145. Town Center Zoning Districts.
(b) Town Center District (TC1). The following regulations shall apply to all TC1
Districts:
(3) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
n. For buildinas that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code. increased lot coveraae. to a maximum of
80% lot coveraae, provided that a areen roof and/or areen rooftop amenities are
provided and maintained for the common benefit of buildina occupants; and; that
increased Florida-friendly tree canopy and Florida-friendly plantinas desianed to
calm the heat island effect are located on site. all in an amount equal to the
requested increased lot coveraae.
o. For buildinas that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio. to a maximum
of 25% above the permitted floor area ratio. but not to exceed a floor area ratio of
2.0.
4 Underlined provisions constitute proposed additions to existing LOR text; stricken through provisions
indicate proposed deletions from existing LOR text.
Ordinance No. 2009 -
Page 9
(c) Town Center Marine District (TC2). The following regulations shall apply to all TC2
districts,
(4) Conditional uses permitted. The following uses may be established if first approved
as a conditional use:
p, For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased lot coveraqe. to a maximum of
80% lot coveraQe, provided that a qreen roof and/or qreen rooftop amenities are
provided and maintained for the common benefit of buildinq occupants: and: that
increased Florida-friendly tree canopy and Florida-friendly plantinqs desiqned to
calm the heat island effect are located on site, all in an amount equal to the
requested increased lot coveraqe.
q. For buildinqs that attain LEED@ Gold or Platinum certification as provided in
Article VI. of Chapter 14 of the City Code, increased floor area ratio, to a maximum
of 25% above the permitted floor area ratio, but not to exceed a floor area ratio of
2.0.
Section 5. Article IX. of the City Code, Chapter 31, Sign Regulations of the Land
Development Regulations is hereby amended as follows5:
"Sec. 31-191. Sign regulations generally.
(e) Other signs/no permit required. The following signs may be placed without the filing
of an application for the issuance of a permit or the payment of a fee, but shall, unless
otherwise exempted, be subject to all other regulations set forth in this section. The
foregoing exemption from filing shall not be construed to waive the other provisions of
this section or the structural requirements outlined in this section and/or the South
Florida Building Code, as may be amended from time to time.
(11) A metal plaque not to exceed two (2) square feet in area desiqnatinq the buildinq
as LEED@ certified under the City of Aventura Green Buildinq Proqram set out in Article
VI.. Chapter 14 of the City Code,
(h) Temporary Signs. The following temporary signs are authorized in the City:
(3) Construction Sign:
Residential District
Non-Residential District
5 Underlined provisions constitute proposed additions to existing LOR text; stricken through provisions
indicate proposed deletions from existing LOR text.
Ordinance No. 2009 -
Page 10
Approvals necessary:
Number (maximum):
Sign Area (maximum):
Sign Height (maximum):
Setback (minimum):
Length of Display:
Other Restrictions:
City Manager City Manager
One per lot One per lot
32 square feet 32 square feet
Four feet Four feet
Six feet from property line Six feet from property line
not in right of way or sight not in right of way or sight
visibility triangle visibility triangle
Permitted for a 12 month Permitted for a 12 month
period from date of build- period from date of build-
ing permit issuance or un- ing permit issuance or un-
til construction completed til construction completed
Sign copy may include Sign copy may include
only: (i) project name; only (i) project name;
(ii)nature of development; (ii)nature of development;
(iii)general contractor; (iii)general contractor;
(iv)architect; (v) lending (iv)architect; (v) lending
Institution; (vi) owner or institution; (vi) owner or
agent; aM (vii) phone agent; aM (vii) phone
number-:- and (viii) Green number-:- and (viii) Green Buildinq
Buildinq Proqram Proqram participation. if
participation. if applicable, Applicable.
Section 6. Severability. 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 7. Inclusion in the Code. 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 8. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No, 2009 -
Page 11
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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
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 Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor T eri Holzberg
Mayor Susan Gottlieb
PASSED on first reading this 1 st day of September, 2009.
Ordinance No. 2009 -
Page 12
PASSED AND ADOPTED on second reading this 6th day of October, 2009.
Susan Gottlieb, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFIC ENCY:
fn1
This Ordinance was filed in the Office of the City Clerk this
day of
,2009.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, IC
City Manager
Joanne Carr, AIC~
Community Development Director
BY:
DATE:
June 15, 2009
SUBJECT:
Petition of the City of Aventura to Amend the City of Aventura
Comprehensive Plan by amending the Capital Improvements Element
to adopt by reference the City's 2009/10 - 2013/14 Capital
Improvement Program (02-CPA-09)
July 7, 2009 Local Planning Agency Meeting Agenda Item :i
July 7, 2009 City Commission Meeting Agenda Item :L
September 1, 2009 City Commission Meeting Agenda Item -!.
RECOMMENDATION
It is recommended that the City Commission approve an amendment to Policy 4,19
of the Capital Improvements Element of the City of Aventura Comprehensive Plan to
adopt the 2009/10 - 2013/14 Capital Improvement Program by reference as an
update to the City's Capital Improvements Element.
THE REQUEST
City staff is requesting an amendment to Policy 4.19 of the
Capital Improvements Element of the City of Aventura Comprehensive Plan to adopt
the City's most recent Capital Improvement Program into the Plan,
BACKGROUND
Section 163.3177(3)(b)1" Florida Statutes, requires that the City annually adopt, by
December 1 of each year, its most recently approved Capital Improvements
Schedule into the Comprehensive Plan. The proposed amendment adopts by
reference the current Capital Improvements Schedule contained within the 2009/10 -
-
2013/14 Capital Improvement Program approved by the City Commission on June 2,
2009 through Resolution No, 2009-31.
THE AMENDMENT
The proposed amendment is to Policy 4,19 of the Capital Improvements Element of
the Comprehensive Plan, as follows 1:
"Policy 4.19
The City of Aventura 2008/09 2012/13 2009/10 - 2013/14 Capital Improvement
Program and the Capital Improvements Schedule included therein, contains a schedule
of projects that the City shall implement in order to meet its adopted Level of Service
standards and ensure the financial feasibility of this Comprehensive Plan, The 2008/09
2012/13 2009/10 - 2013/14 Capital Improvement Program is hereby adopted by
reference as part of the Capitallmprovement~ Element."
ANAL YSIS
Section 31-53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended in accordance with that section and in
accordance with the notice and hearing procedures set forth in both the Land
Development Regulations and the applicable Florida Statutes.
Section 163.3177(3)(b)1, of the Florida Statutes requires that the annual update of
the City's Capital Improvement Schedule be adopted into the Comprehensive Plan
by ordinance. Section 163.3177(3)(b) 2. provides that adoption of the annual update
to the Plan is not subject to review and comment by the State and other agencies
before adoption.
Notice of the proposed amendment has been properly published. Once adopted by
the City Commission, a copy of the ordinance will be provided to the Florida
Department of Community Affairs (DCA) as evidence of the City's compliance with
Section 163,3177(3)(b )1, of the Florida Statutes.
1 Underlined text indicates insertions. Stricken-through text indicates deletions.
2
RESOLUTION NO. 2009-31
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO
ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA
CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
2009/10 TO 2013/14 AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program document for fiscal years 2009/10 to
2013/14, attached hereto was presented and recommended to the City Commission of the City of
Aventura by the City Manager as a long term plan of proposed capital expenditures, the means
and methods of financing the projects and an action plan for the implementation of the projects;
and
WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement
Program to address Beautification and Parks, Transportation, Drainage and Infrastructure
Improvements, Public Buildings and Facilities, Information Technology and Capital Equipment
Purchase and Replacement which represents a commitment by the community toward
achievement and maintenance of a desirable high quality of life for all residents; and
WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement
Program which adopts a sound financing plan; and
.~,.
WHEREAS, the City Commission has reviewed the Capital Improvement Program
document at a public meeting of the City Commission and wishes to adopt said document in
concept.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby accepts and adopts in principle, subject to
annual revisions and authorization, the City of Aventura Capital Improvement Program document
for fiscal years 2009/10 to 2013/14 attached hereto and incorporated herein as specifically as if set
out at length herein,
Section 2. The City Manager be and the same is hereby authorized to do all things
necessary and expedient in order to carry out the aims of this Resolution.
Section 3. This Resolution shall take effect immediately upon adoption.
The foregoing resolution was offered by Commissioner Auerbach, who moved its adoption.
The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was
as follows: Commissioner Zev Auerbach ves
Commissioner Bob Diamond ves
Commissioner Billy Joel ves
Commissioner Michael Stern ves
Commissioner Luz Urbaez Weinberg ves
Vice Mayor T eri Holzberg ves
Mayor Susan Gottlieb ves
--
Resolution No. 2009- ~
Page 2
PASSED AND ADOPTED this 2nd day of June, 2009.
APPRN~~Y
CITY ATTORNEY
-
ORDINANCE NO. 2009-
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
2009/10-2013/14 CAPITAL IMPROVEMENT PROGRAM; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 163.3177(3)(b)1, of the Florida Statutes requires
municipalities to annually adopt an updated Capital Improvements Schedule and to
amend the Capital Improvements Element in the Comprehensive Plan to include the
updated Schedule; and
WHEREAS, at a public hearing on July 7, 2009, the City of Aventura Local
Planning Agency reviewed the proposed update to the Capital Improvements Element,
found the proposed change to be consistent with the City of Aventura Comprehensive
Plan and recommended approval of the update to the City Commission.
WHEREAS, the City Commission has conducted a first and second reading of the
proposed ordinance amending Policy 4.19 of the Capital Improvements Element of the
Comprehensive Plan to adopt by reference the current Capital Improvements Schedule
contained within the City's 2009/10 - 2013/14 Capital Improvement Program at duly
noticed public hearings as required by law and finds that based on the City of Aventura
Local Planning Agency's recommendation, the recommendation of staff and comments
from the public, the proposed amendment to update the Capital Improvements Element
will not result in any adverse impacts on any infrastructure system that will exceed
established level of service standards and is otherwise consistent with the goals,
objectives and policies of the Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the Comprehensive Plan to adopt the updated and approved Capital
Improvements Schedule contained in the City's 2009/10-2013/14 Capital Improvement
Program.
Ordinance No. 2009 -
Page 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Findings. That the foregoing "Whereas" clauses are hereby
ratified and incorporated as the legislative intent of this Ordinance.
Section 2. Amendment to the Comprehensive Plan. That Policy 4,19 of
Objective 4 of the Capital Improvements Element of the City of Aventura Comprehensive
Plan is hereby amended as follows 1:
"Policy 4.19
The City of Aventura 2008/09 2012/132009/10 - 2013/14 Capital Improvement Program and
the Capital Improvements Schedule included therein, contains a schedule of projects that the
City shall implement in order to meet its adopted Level of Service standards and ensure the
financial feasibility of this Comprehensive Plan, The 2008/09 2012/13 2009/10 - 2013/14
Capital Improvement Program is hereby adopted by reference as part of the Capital
Improvements Element."
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon passage by the City Commission on second reading, except that the effective
date of the Plan Amendment approved by this Ordinance shall be the date a final order
is issued by the Florida Department of Community Affairs or Administration
Commission finding that the Plan Amendment in compliance in accordance with
Section 163.3184, Florida Statutes, whichever occurs earlier. The Florida Department
of Community Affairs' notice of intent to find the Plan Amendment in compliance shall
Ordinance No. 2009 -
Page 3
be deemed to be a final order if no timely petition challenging the Plan Amendment is
filed pursuant to Chapter 163, Florida Statutes,
The foregoing Ordinance was offered by Commissioner Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Diamond, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Michael Stern yes
Commissioner Billy Joel yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
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 Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Teri Holzberg
Mayor Susan Gottlieb
PASSED on first reading this ih day of July, 2009.
Ordinance No. 2009 -
Page 4
PASSED AND ADOPTED on second reading this 1 st day of September, 2009.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAl~Y:
;--rf In,
CITY ATTORNEY
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O,V, FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
Counly, Fiorida; that tile l:Illachdd copy or adve,tisitmalil,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA. PUBLIC HEARING 9/1/2009
MIAMI-DADE COUNTY WATER & SEWER DEPT,
in the XXXX Court,
was published in said newspaper in the issues of
08/19/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing t' dvertise r publication in the said
newspaper
~
Sworn to and subscribed before me this
19 ~Y1AUGUfIT_ _ti~32009
Z1IL~ ~rc.._
(SEAL)
O,V, FERBEYRE personally known to me
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CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, September 1 , 2009
6:00 p.m,
Applicant NamelNumber: Miami-Dade County Water and Sewer
Department
01-CU-09 and 01- V AR-09
Applicant Request: The applicant is requesting conditional use
approv~ ll,nd variance frornJ:;~ction 31-143(d}(4}
of the City Code to permit a 1,000 gallon capacitY
aboveground emergency fuel storage tank in the
Multifamily Medium Density (RMF3) District fOf
Miami-Dade Water F?umping Station #464 at
3601 NE 207 Street; and, conditional use
approval and variance from Section 31-143(f}(4}
of the City Code to permit a 1,000 gallon capacity
aboveground emergency fuel storage tank in tha
Multifamily High Density Residential (RMF4) Dis.
trict for Miami-Dade Water Pumping Station #475
at 3560 NE 213 Street; and variance from
Section 31-144(f}(6} to permit a 4,000 gallon
aboveground emergency fuel storage tank in th~
Medical Office (MO) District for Miami-Dade
Water Pumping Station #424 at 21101 NE 28
Avenue, City of Aven1ura
Location Of Subject Properties: Pumping Station #464 3601 NE 207
Street
Pumping Station #475 3650 NE 213
Street
Pumping Station #424 21101 NE 28
Avenue
Legal Description: Full legal description of each property is available'
at the Community DeveloRment Department
Plans are on file ana may be examined during regular business hours in
the City of Aventura Govemment Center, Community Development
Department, 19200 West Country Club Drive, Aventura, Florida, 33180,1
Plans may be modified at or before the Public Hearing, The application.
may change during the hearing process.
The PubliC Hearing will be held in the City Commission Chamber at the
City of Aventura Govemment Center, 19200 West Country Club Drive;
Aventura, Florida 33180, Your comments may be made in person at the
hearing or filed in writing prior to the hearing date, Refer to applicant!'
property on correspondence and mail same to City of Aventura
Government Center, Community Development Department. For further
information, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact the
Office of the City Clerk, 466-8901, not later than two business days prior
to such proceedings,
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made. which
record includes the testimony and evidence upon which the appeal is to
be based,
8/19
Teresa M. Soroka, MMC, City Clerk
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KABUL - President Bar-
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advisor uw..ted. TiJesday that
Che United StaCeS if stay.lng
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PUBLIC NOTICE
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a.ntlIn. SIcaIId...... ~ P. QIIk c...-. 111 N.W. 1. SIr1tt.
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HARI/EY RIMIl. Cl.8lK
FIRST FINANCIAL GROUP
1ie 0IiginIL (1) u....1IIlIl f~ ScM<t<l>.
Coral Gables
3 ~ 305-728-1304 - _
75 "SI:1IAIILA18PAIWL" i
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CI1Y OF AVENTURA
NCJI1CE OF HfARIIG Of I.lICAl.
I'I.NIMN6 AGENCY AND JCOIICE OF
AMEIIlMBIT OF COMPREIIEIISIII PLAN
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Agoncywtl <nlIOIln. pubic I.-in;on __..... 7,
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... folIowlnQ'-'" to 1110 CIty ~
AN ClNlIOWlCE 01' 'IHE Cf1Y 01'
MENTUIlA,~__1M!Cf1Y
OF AVEHTURA COMPRS_~ fIlAN ..
_POUCY....OF0ILII!ClWE401'
1HE CAPITAl. ~ ..-
TO _ BY _EIlCE 1M! Cf1Y
OF _ --'3114 CIoPfTAL
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FOR ~ _ FOR
~1l1M!00M_E11ll111EPLAN;
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~ 1oI1owlng 1110 Loc:III PIIn1lng Agoncy
.-.... 1110 CIty ~ at 1110 CIty '" "-
..lho~body,wIII__ontll8tftlOdlng.
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WRAP UP YOUR
MORNING HUNGER.
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SAVE A
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