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01-05-2010 City Commission Susan GottlUeb, Mayor A~ City of ~ventura ,~, ~. - "-"...r. ,..,~ City Manager Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond! T eri Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC City Att0171ev Weiss Serota Helfman Pastoriza Cole & Boniske JANUARY 5, 2010 6 p.m. Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENT A TIONS: 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 of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: November 3, 2009 Commission Meeting November 18,2009 Workshop Meeting November 19, 2009 Workshop Meeting B. MOTION REAPPOINTING RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. TO SERVE AS THE CITY'S SPECIAL MASTERS PURSUANT TO THE CITY MANAGER'S MEMORANDUM C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-11-09-2, WILLIAMS ISLAND BOULEVARD MILLING AND RESURFACING IMPROVEMENTS, TO H & R PAVING, INC. AT THE BID PRICE OF $195,331.15; 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. January 5, 2010 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 09-09-16-2, CITY OF A VENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS TO TRAN CONSTRUCTION, INC., WEEKLEY ASPHALT PAVING, INC., RIC-MAN INTERNATIONAL, INC., MAGNA CONSTRUCTION, INC. AND MIGUEL LOPEZ, JR., INC., AT THE INDIVIDUAL BID PRICES CONTAINED IN EXHIBIT "A" ATTACHED; 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. F. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $95,000 FOR FIREARMS TRAINING AND EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-12-1-2, YACHT CLUB WAY BRIDGE REPAIR, TO WALTER L. LISTA, INC. AT THE BID PRICE OF $117,553; 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. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING A WATER UTILITY EASEMENT TO THE CITY OF NORTH MIAMI BEACH, 2 January 5, 2010 FLORIDA ON THE AVENTURA ARTS AND CULTURAL CENTER SITE; PROVIDING FOR RECORDATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF TmS 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. None. 7. ORDINANCES: FIRST READING-PUBLIC INPUT: None. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN ExmBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF TmS ORDINANCE; 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 WORKSHOP MEETING JANUARY 21, 2010 9AM 5TH FLR. EX. CONF. ROOM COMMISSION MEETING FEBRUARY 2, 2010 6 PM 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, Aventura., Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 3 A~ tt. MINUTES CITY COMMISSION MEETING NOVEMBER 3, 2009 6 pm 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 p.m. by Mayor Susan Gottlieb. 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 Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Rev. Will Keyser. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. ELECTION OF VICE MAYOR: Upon nomination by Vice Mayor Holzberg, seconded by Commissioner Joel, and unanimously approved, Commissioner Weinberg was elected Vice Mayor for the next 6-month period. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Vice Mayor Weinberg, passed unanimously and the following action was taken: A. The following minutes were approved: October 6, 2009 Commission Meeting October 15, 2009 Commission Meeting October 15, 2009 Workshop Meeting B. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $40,000 TO PURCHASE AED UNITS AND FOR CHARITIES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM C. The following motion was approved: THE CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ADOPT STUDENT WELLNESS POLICY FOR AVENTURA CITY OF EXCELLENCE SCHOOL IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM D. Resolution No. 2009-43 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. E. Resolution No. 2009-44 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE COUNTY OFFICE OF GRANTS COORDINATION; TO APPLY FOR, RECEIVE, AND EXPEND $5,970 IN FEDERAL FUNDS FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 7. 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. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT" A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO 2 DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, and seconded by Vice Mayor Weinberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 9. ORDINANCES: SECOND READING/PUBLIC HEARING: None. 10. RESOLUTIONS - PUBLIC HEARING: Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH ADOPTED A FEE SCHEDULE FOR BUILDING PERMITS AND WHICH RESOLUTION WAS AMENDED BY RESOLUTION NO. 98-28 AND BY RESOLUTION NO. 2000-24; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern, and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2009-45 was adopted. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: Raya Elias Pushett, Krop High School student. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned. 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~ City of n.venttlra . ~, MINUTES CITY COMMISSION WORKSHOP MEETING November 18, 2009 9 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Teri HOlzberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M, Soroka and City Attorney David M. Wolpin. Vice Mayor Luz Weinberg was absent As a quorum was determined to be present, the meeting commenced. (Items taken out of order) 2. 2010 MEETING SCHEDULE (City Manager): Mr. Soroka distributed a tentative meeting schedule for 2010. CITY MANAGER SUMMARY: Consensus to approve 1. AVENTURA ARTS & CULTURAL CENTER UPDATE (City Manager): Mr. Soroka introduced the representatives of PACA (Kelly Shanley, Shelly Bradshaw, Senior Director of Operations, Carmen Toracca, Project Manager at Broward Center, Jan Goodhart, Vice President of External Affairs, Peter Damien Losa, Events Services and Programming Coordinator, Tim Weeks, CFO, Jill Krattish, Programming Manager at Broward Center) and Director Steve Clark who presented a powerpoint presentation to update the Commission on the progress with this project CITY MANAGER SUMMARY: Consensus to set opening night ticket price between $150 - $200, depending on budget/sponsorship with the possibility of a reception. Recommendation to research sponsorship from automobile dealership/jeweler. 3. 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 10:45 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. A~~ ,e, '....of".'#' MINUTES CITY COMMISSION WORKSHOP MEETING November 19, 2009 9 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel, Michael Stern, Teri Holzberg, Vice Mayor Luz Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka. City Attorney David M. Wolpin was not in attendance. As a quorum was determined to be present, the meeting commenced. 1. HIGH SCHOOL BOUNDARIES (Commissioner Joel): Commissioner Joel introduced School Board District 3 member Martin Karp, representatives Enid Weisman, School Operations, and Paul Greenfield, Director, Region II Office. They explained the school boundary process relating to the Aventura area, specifically Krop High School and Mourning High School. The following individuals addressed the Commission: Sandra Krombein, Mariner Village (ACES 8th grader parent), Sally Silver (ACES parent of 1st, 4th and 8th grade children), Jackie Percyk, Vice Chair of ACES SAC (3 children in ACES), and Liron Elimeric. CITY MANAGER SUMMARY: No action necessary. 2. 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 10:30 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, CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, C' TO: City Commission DATE: December 9,2009 SUBJECT: Re-Appointment of Special Masters for Code Enforcement Process January 5, 2010 City Commission Meeting Agenda Item 5 -~ RECOMMENDATION It is recommended that the City Commission ratify the City Manager's re-appointment of Raquel Rothman, Esq. and Barbara Buxton, Esq. as Special Masters for the City of Aventura Code Enforcement process. BACKGROUND Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process provides for the City Manager to appoint Special Masters, subject to City Commission ratification, for a term of one year. The above-referenced individual is submitted to you for re-appointment as Special Masters. If you have any questions please feel free to contact me. EMS/act Attachment CC01672-09 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City er TO: City Commission BY: Antonio F. Tomei, Capital Projects DATE: July 29, 2008 SUBJECT: Bid No: 10-11-09-2 - Williams Island Boulevard Milling & Resurfacing January 5, 20" City Commission Meeting Agenda Item S C- Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 10-11-09-2, Williams Island Boulevard Milling & Resurfacing Improvements to the lowest responsible and responsive bidder, H & R Paving, Inc. for the price of $195,331.15. This project is included in the Capital Improvements Program with a $350,000 budget amount and will be funded by Budget Line Item Number 120-5001- 541-6305. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on November 9, 2009. The City received eight (8) bids for this project. The three lowest bids are as follows: H&R Paving, Inc. General Asphalt paving, Inc. Community Asphalt corp. $195,331.15 $196,795.00 $203,182.39 This bid price allows for milling and resurfacing of NE 183rd Street from Biscayne Boulevard to the eastern terminus and for median and intersection improvements from NE 2yth Avenue west to Biscayne Boulevard. Based on our discussions with the contractor actual milling and resurfacing would begin on March 1, 2010. It is anticipated that it would take ten days to complete this portion of the project. As part of our notification process, a meeting will be held with representatives of the area condominiums and business to discuss the schedule and alternate traffic routes during construction. If you have any questions or need any additional information, please feel free to contact me. MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: November 20,2009 To: Tony Tomei, City of Aventura - Capital Projects Manager From: Kevin Hart, P.E., Consulting Engineer ~ Reference: Williams Island Boulevard Milling & Resurfacing. Bid Package Review - Bid Number 10-11-09-2 At your request, we have reviewed the bid results for the above referenced project and have checked the qualifications and references for the apparent low bidder H & R Paving, Inc. (H&R Paving). A total of eight (8) bids were received, ranging price from $195,331.15 to $251,534.00. The difference between the lowest bid and the second lowest bid is $1,463.85 (less than 1%). We spoke with representatives from the Florida Department of Transportation (FDOT) and Miami-Dade County Public Works Department (MDCPW) regarding the qualifications and past performance by H&R Paving on similar projects. Both agencies described H&R Paving as a qualified firm and capable of performing the type of work required under this contract. There were no substantive problems or issues with Change Orders. They also indicated that H&R Paving had met the contract requirements and time frames on past projects. Overall, we received a mixed review regarding H&R Paving's performance on past projects. FDOT had no issues with the work performed by H&R Paving, while MDCPW had specific problems with concrete work. Based on our review of the bids and reference checks, it is my professional opinion that H&R Paving is qualified to perform the work under this contract and has successfully performed similar types of roadway work for government agencies in the past. Therefore, I am recommending the award of the contract for this project to H & R Paving, Inc. as the lowest responsive, responsible bidder in the amount of $195,331.15. T.&"..,,,,,.... ..........'4 ",_...., _....~.r'I....:__~ _.. ...ea_....:..._ '"_..... .......1,.1.:...:__...1 :_.....__......:__ _1....-.......... _.....11 e> z~ 08 ~~ ~ :Jo, U)... WCD ~.Q ce z~ <Co <Cze>C: ~oz ~ :J -C\:S 1-i=...J't5 Z<C:::!c: W...J:::!EO >:Jc::e <Cm~c: u.<C<C0 ol->e ~9~ 0. _m:JQ o o~ m~ ..... c C\:S zo, <C .c: ...J ... U)~ -0. :::!EO <C'b - .... ...JQJ ...J 3: - ~ E CI)- 'Cen 'C- .- ns m ~ a 'C CI) - rn :J rn .c ~ en 'C e o m 'C in ~ 8 o ~ D- 'tJ E~ ~'C 'C CI) e- CI) := 'C 0 'C e <cti <c 'C in ns - o ... I rn CI) >> rn CI) >> rn CI) >> Il) ~ ~ CO? CO? aD en ~ ~ C) e 'S; ns D- o:: ~ :z:: rn CI) >> rn CI) >> rn CI) >> rn CI) >> rn CI) >> en CO? N co ~ ~ o N ~ u e - c; .s::: c. rn <c ~ e ~ E E e o 0 00 rn CI) >> rn CI) >> rn CI) >> rn CI) >> o o u) en " ui en ~ ~ ci o ~ ns J: c. tn <C I! CD e CD Co) e>.E rn CI) >> rn CI) >> rn CI) >> rn CI) >> " ~ cO co CO? ~ N N ~ - c; .s::: c. rn . <cg >>- ~~ ~e CI) .- CI) > ~~ tn CI) >> rn CI) >> rn CI) >> rn CI) >> o ~ ~ ~ co aD o N ~ ~ o - CJ ~ - e o o e o N 'i: . o CJ :z::.: rn CI) >> rn CI) >> rn CI) >> rn CI) >> o en cO U) " -.:i N N ~ o o C) e 'S; ns D- E .! ::u ~.: rn CI) >> rn CI) >> rn CI) >> rn CI) >> o o u) en co U) o N ~ e o ns;:i _CJ .c~ - ~ 'C- .rn c.e ~ 0 00 o~.s::: ><CI)_ CI) C) ~ > e 0 nsnsen D-O::, rn CI) >> ... Q) ..e - o <( Q) E +:: rn CI) >> "'0 C rn Q) - rn "'0 C> C C Q) a. o Q) > o .0 rn . Q)$ ..ern -- -00 o rn 00"'0 rn Q) ~t5 Q) Q) E 'ar .- ... - "'0>- Q).o > ~ .- Q) ~..e Q) Q) ... ... 00 rn ... ~~ o ffi >-~ c o c Q),Q -Em - ~:Q rn 0 c 00 .- 00 Q).- eo-E ..eo 00- ... Q) o 00 "'Oc C 0 Q)a. > 00 Q) ~ ..e -c E'- 0"'0 ... Q) -t: "'0 'E $.0 .!Q ::J -00 00 00 ... ... ~Q) o~ rn CI) >> rn CI) >> o o ~ CO? Il) ~ Il) N ~ e o ;:i CJ ~ ~ - rn e o o e . ~ CJ ....: RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-11-09-2, WILLIAMS ISLAND BOULEVARD MILLING AND RESURFACING IMPROVEMENTS, TO H & R PAVING, INC. AT THE BID PRICE OF $195,331.15; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for Bid No. 10-11-09-2, Williams Island Boulevard Milling and Resurfacing Improvements; 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 H & R Paving, 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 A VENTURA, FLORIDA: Resolution No. 2010- Page 2 Section 1: That bid/contract for Bid NO.1 0-11-09-2, Williams Island Boulevard Milling and resurfacing Improvements, is hereby awarded to H & R Paving, Inc. in the amount of $195,331.15. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 120-5001-541-6305. Section 5: This Resolution shall be effective immediately upon its adoption. , who , and The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010- Page 3 PASSED AND ADOPTED this 5th day of January, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVEo;:::;t-h;...L ~ CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission DATE: November 30,2009 SUBJECT: Resolution Declaring Equipment Surplus January 5 2010 Commission Meeting Agenda Item ~ -b RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment CC01671-09 POLICE DEPARTMENT CITY OF AVENTURA MEMORANDUM TO: Chief Steinberg FROM: Lt. Labombarda SUBJECT: Request for Surplus (Rolling Shelf System) Date: October 30, 2009 Chief, Requesting the following item to be converted to surplus property to be removed and disposed of as necessary. Universal Rolling Rack Shelf System Prope Asset # 2376. CITY OF A VENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Steven Steinberg, Chief of Police DATE: 30 November 2009 SUBJECT: Surplus Property I would like to have the below listed city property declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items have become inadequate for public purposes: See attached PDF file for complete list. All items were previously installed on police vehicles. - 1 -POLICE EQUIPMENT FOR AUCTION - 1 - We came on Saturday. November 21, to sort and organize the equipment that should be auctioned. In addition, we went to the recycling place to dispose of equipment that can not be used. ilJNIT MODEL MANUFACTURE TOTAL ~ REMOTE SIREN BL-627 WHELEN 10 AMPLIFIER I SIREN CONTROL INTERCEPTOR FEDERAL 13 400 SIGNAL CORPORATION I i LIGHT CONTROL MPC-01 WHELEN 10 FACE I STROBE LIGHTS MISCELANEOUS, WHELEN, 41 RED/BLUE FEDERAL GUN RACKS G-5070 PRO-GARD 13 UNITS PLACER 450 8 GPS POLICE TRUNK 8 ORGANIZERS /~5 -3 /74- CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City Manager ~ Robert M. Sherman, Director of Community Serv~ December 2, 2009 TO: DATE: SUBJECT: Surplus Property Please have the City property listed below, declared as Surplus Property as these items have become cost prohibitive to maintain and inadequate for department purposes: Brand Description City of Model Part Serial Number Name Aventura Number Number Number - TRUE Treadmill 1 1639 ZTX850 KRM03816 02-46314L TRUE Treadmill 4 1642 ZTX850 KRM03816 02-46320L TRUE 750R Bicycle 1644 02-RE0907G TRUE Z8 Elliptical Z8 TEZ80100 04-E80Z0003K RMS/gf RMS09046 RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner _, who moved its adoption. The motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010-_ Page 2 PASSED AND ADOPTED this 5th day of January, 2010. ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SU~CIENCY: CITY AI::!L~ SUSAN GOTTLIEB, MAYOR CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City r ~ ity servic~ TO: City Commission BY: Robert M. Sherman, Director DATE: December 4,2009 SUBJECT: Bid No. 09-09-16-2 City of Aventura Maintenance and Repair for City Road and Streets January 5th, 2010 City Commission Meeting Agenda Item 5-t;; Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 09-09-16-2 City of Aventura Maintenance and Repair for City Roads and Streets to the lowest responsible and responsive bidders; Tran Construction, Inc., Weekley Asphalt Paving, Inc., Ric-Man International, Inc., Magna Construction, Inc., and Miguel Lopez Jr., Inc. for the unit prices as contained in Exhibit "A" and in accordance with the City Engineer's attached recommendation. Background In accordance with the City's Purchasing Ordinance, bids for this maintenance contract were solicited, advertised and opened on October 9, 2009. The bid was advertised in the local newspapers and via the internet on DEMANDSTAR. Five qualified bids were received from Tran Construction, Inc., Weekley Asphalt Paving, Inc. Ric-Man International, Inc., Magna Construction, Inc., and Miguel Lopez, Jr., Inc. This bid contains unit pricing for the following areas of public works that can be used by the City as a maintenance contract on an as-needed basis determined by the City: Paving and Concrete Storm Drainage Pavement Markings and Signage Hourly Labor Charges All five bidders submitted qualified bids, and all five bidders have received positive references in similar type work. Since some of the unit prices are lower than others, it City Commission December 4, 2009 Page Two is in the City's best interest to award this bid to multiple bidders to take advantage of the lowest pricing as submitted by each bidder. The City can realize significant cost savings by using this contract for road and sidewalk repairs, stormwater projects and pavement improvements, avoiding the start-up and administrative costs involved in advertising for bids for specific projects. All five bidders will be required to post the appropriate insurance that is acceptable to the City, and all work will be subject to the review and inspection of City staff and our consulting engineers. This contract is for a one year period, with a one year extension, at the City's sole discretion. Please feel free to contact me if you have any questions. RMS/gf Attachments RMS09047 RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 09-09-16-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS TO TRAN CONSTRUCTION, INC., WEEKLEY ASPHALT PAVING, INC., RIC-MAN INTERNATIONAL, INC., MAGNA CONSTRUCTION, INC. AND MIGUEL LOPEZ, JR., INC., AT THE INDIVIDUAL BID PRICES CONTAINED IN EXHIBIT "A" ATTACHED; 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. 09-09-16-2, CITY OF AVENTURA MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS; 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 Tran Construction, Inc., Weekley Asphalt Paving, Inc., Ric-Man International, Inc., Magna Construction, Inc., and Miguel Lopez, Jr., Inc. have 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 bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 09-09-16-2, MAINTENANCE AND REPAIR FOR CITY ROADS AND STREETS is hereby awarded to Tran Construction, Inc., Weekley Asphalt Paving, Inc., Ric-Man International, Inc., Magna Construction, Resolution No.2010-_ Page 2 Inc., and Miguel Lopez, Jr., Inc., at the bid prices contained in Exhibit "A" attached. 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 a 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 contracts 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 Transportation and Street Maintenance Fund Line Item No. 120-5001-541-6305 and the Stormwater Utility Fund Line Item No. 410-5001-538-3460. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez-Weinberg Mayor Susan Gottlieb Resolution No.2010-_ Page 3 PASSED AND ADOPTED this 5th day of January, 2010. 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To: November 17,2009 ~ Robert Sherman, CPRP, City of Aventura - Director, Community serv~ Department Date: Copy: Alan Levine, City of A ventura, Public Works Operations Manager From: Kevin Hart, P .E., Consulting Engineer Reference: Maintenance and Repair for City Roads and Streets Bid Package Review - Bid Number 09-09-16-2 At your request, we have reviewed the bid results for the above referenced project. Based on our review of the bids, we are recommending that maintenance contracts be awarded to the following Bidders/Contractors: . Tran Construction, Inc. . Weekley Asphalt Paving, Inc. . Ric-Man International, Inc. . Magna Construction, Inc. . Miguel Lopez, Jr., Inc. A copy of the bid summary spreadsheet is attached for your information showing all of the individual unit prices and extended prices. The low unit price for each line item has been highlighted. If you have any questions or require any additional information, please call. Member Name City of Aventura Bid Number BID-09-09-16-2-1-2009/1KS City of Aventura Maintenance & Repair for Bid Name City Roads and Streets 2 Document(s) found for this bid 22 Planholder(s) found. Supplier Name Address 1 ABK Construction, Inc. 14141 sw 142 Avenue all terrain earthmoving 600 grape tree dr 7 FN Arrow Asphalt & Engineering 3051 NW 129 St Bobs Barricades 921 Shotgun Rd Cloverleaf Corporation P.O. Box 7268 Community Asphalt OHL Group Construction Journal, Ltd. 759 South Federal Highway, Suite 300 Horizon Contractors, Inc. 8175 W.2nd Ave. #1 Intercounty Engineering, Inc 1925 NW 18th St Isaac construction & flooring,lnc. 638 Sw 6th Street #201 Magna Construction, Inc. P.O. Box 327418 Mcc Civil, Inc 1730 Biscayne Blvd 201 ee Miguel Lopez Jr Inc 7711 NW 74 ave R.J.P. Enterprises, Inc. 1722 N.W. 80th Boulevard, Suite 50 Ric-Man International, Inc. 2601 Wiles Road ROBERTS TRAFFIC MARKING 2210 HAYES STREET Salomon Roofing & Construction 689 West 26th Street Sealtec Construction 6157 nw 167 st Total Infrastructure Maintenance 12717 West Sunrise Blvd.208 Sunrise FI Management, Inc. 33323 Tran Construction 1000 NW 54 st Weekley Asphalt Paving, Inc. 20701 STIRLING ROAD Williams Paving Co., Inc. 11300 NW South River Drive CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission DATE: December 9,2009 SUBJECT: Disbursement of Police Forfeiture Funds January 5,2010 City Commission Meeting Agenda Item SF RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $95,000 for firearms training and equipment from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/act Attachment CC01673-09 CITY OF A VENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Steven Steinberg, Chief of Police DATE: 14 November 2009 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Outsourced firearms training and equipment $95,000 Total Expenditure Request: $95,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Outsourcing firearms training - This request is being made to spend up to $95,000 to outsource firearms training, to include the purchase of ammo, by a private company; Magpul Dynamics Inc. The training will consist of a 3 day course for all 81 sworn officers regarding the use of their duty handgun which is their primary duty weapon. This company provides instructors that have skills, knowledge and abilities well above those of our in house firearms instructors and their primary instructor, and associate instructors, provide a dynamic that cannot be created with our in house personnel. This is the same company, and primary instructor, that provided our 3 day tactical carbine class which was an overwhelming success with all who attended. The course consists of the below training curriculum: An advanced course designed to take those with solid handgun experience to the next level of professional development. This is a fast paced, hands-on, super dynamic live fire course with minimal time spent in the classroom. Starting with combat mindset, the class thoroughly covers: . Terminal ballistics . Rapid threat analysis and acquisition . Shooting on the move . Multiple target engagement . Natural and improvised shooting positions . Barricade shooting . Shooting from vehicles (client dependant) . Concealed shooting . Low light tactics . Individual and team confidence enhancement shooting drills . Individual and team live fire stress courses This training will provide our officers with tactical skills and knowledge that will enable them to more effectively deal with situations involving armed encounters with subjects that pose a threat to the officer(s) or public. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission DATE: December 10, 2009 FROM: Eric M. Soroka, ICMA-CM, City BY: Antonio F. Tomei, Capital Projec SUBJECT: Bid No: 10-12-1-2 - Yacht Club Way Bridge Repair January 5,2010 City Commission Meeting Agenda Item 5~ G Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 10-12-1-2, Yacht Club Way Bridge Repair to the lowest responsible and responsive bidder, Walter L. Lista, Inc. for the price of $117,553.00. This project is included in the Capital Improvements Program with a $250,000 budget amount provided by the Economic Stimulus American Recovery and Reinvestment Act of 2009 This will be funded by Budget Line Item Number 001-8050-541-6341. Backaround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on December 1, 2009. The City received the following four (4) bids for this project: Walter L. Lista, Inc. C.E.M. Enterprises, Inc. Worth Contracting, Inc. Construct Group Corporation $117,553.00 $156,595.00 $184,535.00 $196,726.60 This bid price allows for rehabilitation of structural defects on the Yacht Club Way Bridge, furnishing all labor, materials, tools, equipment, machinery, superintendence and services necessary for complete construction of the project. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2010-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 10-12-1-2, YACHT CLUB WAY BRIDGE REPAIR, TO WALTER L. L1STA, INC. AT THE BID PRICE OF $117,553; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 10-12-1-2, Yacht Club Way Bridge Repair; 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 projecUwork as cited above; and WHEREAS, staff has determined that Walter L. Lista, Inc. has submitted the lowest responsible and responsive bid for said projecUwork; 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: Resolution No. 2010- Page 2 Section 1: That bid/contract for BID NO. 10-12-1-2, Yacht Club Way Bridge Repair, is hereby awarded to Walter L. Lista, Inc. in the amount of $117,553. Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-8050-541-6341. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010- Page 3 PASSED AND ADOPTED this 5th day of January, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVH~A~. CITY ATTORNEY MEMORANDUM eRA VEN THOMPSON AND ASSOCIATES, INC. Date: December 10,2009 To: Tony Tomei, City of Aventura- Capital Projects Manager From: Kevin Hart, P.E., Consulting Engineer ~ Reference: Yacht Club Way Bridge Repair- Bid Package Review - Bid Number 10-12-1-2 At your request, we have reviewed the bid results for the above referenced project and have checked the qualifications and references for the apparent low bidder Walter L. Lista, Inc. (Walter L. Lista). A total of four (4) bids were received, ranging in price from $117,553.00 to $196,726.60. The difference between the lowest bid and the second lowest bid is $39,042.00. We spoke with representatives from the City of Miami and the City of Coral Gables regarding the qualifications and past performance by Walter L. Lista on similar projects. Both Cities described Walter L. Lista as a qualified firm and capable of performing the type of work required under this contract. Overall, we received a positive review regarding Walter L. Lista's performance on past projects. There were no substantive problems or issues with Change Orders and indicated that Walter L. Lista had met the contract requirements and time frames on past projects. Both Cities were pleased with the work performed by Walter L. Lista on multiple projects and recommended them for future projects. Based on our review of the bids and reference checks, it is my professional opinion that Walter L. Lista is qualified to perform the work under this contract and has successfully performed similar types of structural rehabilitation work for government agencies in the past Therefore, I am recommending the award of the contract for this project to Walter L. Lista, Inc. as the lowest responsive, responsible bidder in the amoWlt of$117,553.oo. If you have any questions or require any additional information, please call. SECTION 00410 BID FORM THIS BID IS SUBMITTED TO: City of A ventura 19200 West Country Club Drive A ventura, Florida 33180 BID FOR: Yacht Club Way Bridge Repair BID No: 10-12-1-2 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of A ventura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. I. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of A ward. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. /Pnlv Addendum No. Addendum No. Addendum No. Dated: U"tJv. zo, 200C, Dated: Dated: Dated: (b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. @ Yacht Club Way Bridge Repair City of A ventura Bid No. 10-12-]-2 CT A Project No. 01-0103.1] 5 00410 - I (c) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities arc or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of all such observations, examinations. investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. 3. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: ~AfE Hu AJ.Pl2.eJ> ~V8 UTE.:eif 't-fW USAN)) FIve, ftUt)j)f2.€J) A~j) FIfTY TH-gE€. _ dollarsand :;;( g f2.. 0 cents LUMP SUM (Written Total Bid Price - From Schedule Of Values) tJ> " ..., I 55..3.. 00 BfUFJER agrees that the work win be complete in full within 60 calendar daysfrom.th~ date stipulated in the Notice to Proceed. If Bid Alternates are awarded, then the completion time for the work covered under tbe Bid Alternates will be agreed to prior to tbe issuance of the Notice to Proceed. Yacht Club Way Bridge Repair City of Aventura Bid No. 10-12-1-2 CTA Project No. 01-0103.115 004tO - 2 4. Communications concerning this Bid shall be addressed to: Telephone Facsimile Number Attention: ~~t~S;.1'. ~T~~ 'i~e~eT MiA"" I I 1= 1- ~3 \ "'\ "3 305-&"'5 - 1,,,,5 305- G,G?2 - S~G,5 WALTE.f2... L. L\STA BIDDER: Address: 5. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. 12 .sT SUBMI1TED THIS DA Y PC e m'?Jt J2~. 20 () Cj Yacht Club Way Bridge Repair City of Aventura Bid No. 10-12-1-2 CTA Project No. 01-0103. 115 00410 - 3 SECTION 00410 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT GENERAL REQUIREMENTS Item Quantity Description Unit Unit Price Extended Cost GENERAL GENERAL CONDITIONS LS $ r tJ" ()OO. 00 $ I!e" 000. 00 2 MOBILIZA nON LS $ ~5",OOO.(?O $ .;J5,() 00 . e>O 3 MAINTENANCE OF TRAFFIC LS $ if ODe'. 00 $ 9 f t!)CX2 . 00 SUB-TOTAL $ BRIDGE REPAIR 4 12 5500 PSI CONCRETE CY $ ;;),'?OO. 00 $ :2' I (POO. 00 . 5 1,557 #5 REINFORCEMENT Lbs $~ I d'O $ 1,551.00 .J'IIII.f" 6 9 CONCRETE SPALL REPAIR CF $ I , 000 .00 $ q I 000 . 00 MORTAR 7 46 PENETRANT SEALER SF $ ~.OO $ ~1 &.00 8 8 WEDGE GRIPS pcs $ 10. () 0 $ ~O.OO 9 8 BEVELED WASHERS pcs $ 5.00 $ 40.00 10 275 TURBIDITY BARRIER (SHALL LF $ ~O.DO $ 5,500.0 () MEET USACOE REQUIREMENTS - SEE APPENDIX) II 25 CONCRETE CRACK EPOXY LF $ f 00. 00 $ ~ 500.00 , INJECTION Yacht Club Way Bridge Repair , City of A ventura Bid No. 10- J 2-}-2 erA Project No. 01-0103.115 00410 - 4 12 8 6"X6" SS BEARING PLATE pcs $ :20. Or:> $ , reo. 00 13 136 SS TENDON LF $ 15.00 $ ;;J, C)40.00 14 8 PLA TIPUS ANCHORS pes $ I, 500.00 $ I.:>, DOO. DO 15 TEMPORARY MANA TEE SIGNS LS $ ZOO . 0 0 $ 8(;0. DO (AS REQUIRED BY DEPARTMENT OF THE USACOE PERMIT SAJ- 2009-034B5 - SEE APPENDIX) ]6 PREP ARE AND IMPLEMENT SWPP LS $ ~1 () Do. () 0 $ ~/(JCfJ.OF wi. PLAN SUB-TOT AL $ ~1.tJ 653.00 17 ALLOW ANCE FOR CITY OF LS $5,000 $5,000 A VENTURA POLICE DEPARTMENT PRESENCE ($40/HR) TOTAL VALUE OF BID $ J , ~, 553~ DO , BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. Yacht Club Way Bridge Repair City of Aventura Bid No. 10-12-1-2 CfA Project No. 01-0103.115 00410 - 5 SIGNA TURE PAGE FOR A CORPORATION By: '!VAL ll.e L. L.\,S-tA, I-~C. (Corporation Name) F L () 1l1-Dt\ (State of Incorporation) By: \,N.ALTEg. L. LISTA (Name of Person Authorized to Sign) -PRES ( ~ rJ T (Title) (Corporate Seal) ~~~ Business address: (0 ~ 1:> MIAMI (President) Sw <61 StREET F h 3.31-4? Phone No; 305 - (p(P5 -i7fp5 Facsimile No: 3tJS -(0(,9 - 5R"S " ..' Yacht Club Way Bridge Repair City of Aventura Bid No. 10-12-1-2 CTA Project No. 01-0103.115 00410 - 8 CERTIFICATE OF AUTHORITY (IF CORPORATION) STATE OF t: La)2. 19 A- COUNTY OF M, tlrM \ j)A.Pf... ss: I HEREBY CERTIFY that a meeting of the Board of Directors of the \Vfl,LT"E.R. L. LISTAJ.:I:fJC. , held on lfu \J ~ u.i?e. ~ ~ a corporation existing under the laws of the State of f \.- () iZ \.9~ 20 ~ , the following resolution was duly passed and adopted: v-tAs..Tt: l2. t... L.,~T'A I "RESOL VED, that,"as President of the Corporation, be and is hereby authorized to execute the Bid dated, \)er_E M~E 12.. \ ,20l2..9-, to the City of A ventura and this corporation and that their 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 affixed the official seal of the corporation this )Oth , day of Vb uti (II ~e(<. ,20a . ...~ " . /' . Secretary: ~ II:.J5dtt/ (SEAL) Yacht Club Way Bridge Repair City of A ventura Bid No. 10- I 2- [.2 CTA Project No. 0] -0103.] 15 00410 - 10 SECTION 00420 AWARD PREFERENCE FOR IDENTICAL TIE BIDS Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Informemployees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug- free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (I). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the tenus of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. END OF SECTION \, Yacht Club Way Bridge 'Repair City of A ventura Bid No. 10-12-]-2 erA Project No. 01-0103.115 00420 - 1 @ CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, CitY. a r te =f2j BY: DATE: Antonio F. Tomei, Capital Projects December 15, 2009 SUBJECT: Aventura Arts & Cultural Center Utility Easement Dedication to the City of North Miami Beach January 5, 2010 City Commission Meeting Agenda Item 5,.~ Recommendation It is recommended that the City Commission adopt the attached Resolution dedicating a Water Utility Easement as outlined on the attached sketch and legal description to the City of North Miami Beach as required for the Aventura Arts & Cultural Center. Backaround Easement dedication from the property owner, City of Aventura, to the utility owner, City of North Miami Beach is required to allow the City of North Miami Beach to operate and maintain water services to the Aventura Arts & Cultural Center. If you have any questions or need any additional information, please feel free to contact me. Attachment: RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DEDICATING A WATER UTILITY EASEMENT TO THE CITY OF NORTH MIAMI BEACH, FLORIDA ON THE AVENTURA ARTS AND CULTURAL CENTER SITE; PROVIDING FOR RECORDATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura requires potable water service to the new Aventura Arts and Cultural Center located at 3385 NE 188th Street; and WHEREAS, the City of North Miami Beach requires an easement for operation and maintenance of water service lines for the new Aventura Arts and Cultural Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Easement dedication, as reflected on the attached Easement, inclusive of the sketch and legal description, is hereby accepted and the City Manager is hereby authorized to cause such Easement to be recorded in the Official Records of Miami-Dade County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency of the Dedication and instrument of conveyance. Section 2. The City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010- Page 2 PASSED AND ADOPTED this 5th day of January, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Prepared by: City ofNMB 17050NE 19 Avenue NMB, FL 33162 (305) 948.2967 EASEMENT AGREEMENT THIS AGREEMENT made and entered into this day of , 20_, by and between THE CITY OF A VENTURA. 19200 WEST COUNTRY CLUB DRIVE. A VENTURA. FL 33180, as First Party, and CITY OF NORTH :MIAMI BEACH, a Florida municipal corporation, hereinafter referred to as CITY. WHEREAS, First Party is the owner of the property described in Exhibit A, attached hereto, in Dade County, Florida, and WHEREAS, First Party desires to cooperate with the City to provide better water service to its property; and WHEREAS, First Party has agreed to give the CITY the easements and privileges herein set forth to construct and maintain the necessary mains and other needed facilities. NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises and in further consideration of the sum of Ten Dollars in hand paid to First Party by CITY, receipt whereof is hereby acknowledged by First Party, it is agreed as follows: A ventura Arts & Cultural Center December 9, 2009 1 Initials: Developer: City: Prepared by: City ofNMB 17050 NE 19 Avenue NMB, FL 33162 (305) 948-2967 1. First Party hereby grants and gives the CITY, its successors and assigns, the exclusive right and privilege to construct, maintain and operate in the property described in Schedule "B" hereto attached and made a part hereof, for the construction, operation and maintenance of water facilities (including transmission mains, distribution mains, supply pipes, collection pipes, manholes, valves, connections, pumps and all other physical facilities and property installations) that are required, including necessary rights of ingress and egress through the property of First Party for such period of time as the CITY, or its successors or assigns, requires such rights, privileges or easements for operation and maintenance of said system or systems. '. , \ 2. The CITY will endeavor not to damage any of the owner's property during the maintenance or repair of any of the CITY's facilities. However, in the event there is damage to the First Party's property in the easement caused by the CITY during maintenance and repair of ~ \' the CITY's facilities, the CITY will restore pavement, curb-gutter, sidewalk and sod at its cost. The CITY will not be responsible for the cost of repairs to structures, landscaping, or any other property lying within the easement should they be damaged by the CITY during their maintenance and repair operations. 3. Nothing in the Agreement and the easement herein granted shall be construed to prevent First Party or its successors in interest from granting exclusive or non-exclusive rights, privileges and easements to other persons, firms and corporations, for furnishing utility services A ventura Arts & Cultural Center December 9, 2009 2 Initials: Developer: City: Prepared by: City ofNMB 17050 NE 19 Avenue NMB, FL 33162 (305) 948-2967 other than water service, providing the location of the other utilities are not 10cated in an area above the water facilities from three (3) feet on one side of the facility to three (3) feet on the other. 4. First Party covenants and agrees that all instruments of conveyance executed by it with respect to any parcel or parcels of its property shall contain a legend that such conveyance is subject to the rights and privileges granted by this Agreement to the CITY, its successors and assIgns. 5. The foregoing provisions contained in this Agreement are hereby declared to be reservations, conditions, limitations an~ restrictions running with the above describ~d lano. .and each and every part and parGeltbere9f and shaU. be. binding upon aU .su4se.q\:l.~pt o~r:s :and purchasers thereof and all grantees n.amed in deeds of conveyance covering any 'P&ft' or parcel ,of , I .;. said land. 6. First Party does fully warrant that it has good title to the above property and that it has full power and authority to grant this easement. This Agreement shall be recorded by the CITY on the Public Records of Dade County with the First Party to pay all costs of recording. A ventura Arts & Cultural Center December 9, 2009 3 Initials: Developer: City: Prepared by: City ofNMB 17050NE 19 Avenue NMB, FL 33162 (305) 948-2967 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Signed, sealed and delivered in the presence of: THE CITY OF A VENTURA BY: Signature of Witness #1 Eric M. Soroka, City Manager Printed Name of Witness #1 Printed name Signature of Witness #2 Address ATTEST: Teresa M. Soroka, City Clerk (SEAL) Printed Name of Witness #2 Printed Name Address STATE OF FLORIDA COUNTY OF Before me personally appeared and , to me well known, and known to me to be the individuals described III and who executed the foregoing instrument of the above named , a Corporation, or having produced current drivers license as identification, and severally acknowledge to and before me that they executed such instrument of said Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of A ventura Arts & Cultural Center December 9,2009 4 Initials: Developer: City: Prepared by: City ofNMB 17050 NE 19 Avenue NMB, FL 33162 (305) 948-2967 said Corporation and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said Corporation and did/did not take an oath. WIlNESS my hand and official seal, this day of , A.D. 20 (Signature of Notary) (Name of Notary Typed, Printed or Stamped) (Title or Rank) A ventura Arts & Cultural Center December 9, 2009 5 Initials: Developer: City: Prepared by: City ofNMB 17050 NE 19 Avenue NMB, FL 33162 (305) 948-2967 THE CITY OF NORTH MIAMI BEACH hereby accepts this Grant of Easement. WITNESS WITNESS CITY MANAGER Printed Name APPROVED AS TO FORM: CITY ATTORNEY CITY CLERK (SEAL) Printed Name Printed Name A ventura Arts & Cultural Center December 9,2009 6 Initials: Developer: City: SKETCH AND DESCRIPTION UTlUTY EASEMENT . A PORTION OF TRACT 'A' "HUBER TRACT" PLA T BOOK 140, PAGE 58, OCR N89iO'46-E 19.50' ~ ~~ 'CO <... .. ..... ..~ . ~ c: ~ - -t --< ~ ~ ~ <.: -t ~ ....0 Q)"': 'CO ~..... ... I'lf TRACT 'A' -HUBER TRACr- PLA T BOOK 740, PAcE: 58, OCR POC SW CORNER OF TRACT ~' "HUBER TRACr- 5 UNE OF TRACT 'A' "HUSER TRACr- l R...63.00 L=8. 78' 1J=0rsg'0.3" R=2S.00 l.-25.51, t!.-47'00'51. N89'20'35"E 286.83' HE 188th STREET LEGAL DESCRIPTION: A PORTION OF TRACT :4: "USER TRACT': AS RECORDED IN PLAT BOOK 740, PAGE 58, OF THE PUBUC RECORDS OF DADE COUNTY. FLORIDA. IJORf PARTICULARLY DESCRI8W AS FOLl.OWS: COWoIENCING AT THE SOUTHWEST CORNER OF SAID '7RACT :4' "HUBER TRACT; THDlCE NORTH 89'20'.35" EAST. ALONG THE SOUTH UNE OF SAID TTMCT :4: "HUBER TRACr-. A DISTANCE OF 286.83 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AND NOR'THFASTERLY ALONG THE ARC OF A CURVE TO THE LEFT. HAIANG A RADIUS OF 25.00 FEF:T AND A CENTRAL ANGLE OF 47'00'51: AN ARC DISTANCE OF 25.51 FEET, TO A POINT OF REIIfRSE CURVATURE; THENCE NORTHEASTERLY ALONG THE: ARC OF A CURVE TO THE RIGHT. HAVING A RADIUS OF 6J.00 FEF:T AND A CEffTRAL ANGLE OF 07'59'03: AN ARC DISTANCE OF 8.78 FEET. TO POINT OF siGlNNING, THENCE: NORTH 00'49'14" W!ST, A DISTANCE OF 4J.J4 FEF:T: THeNCE NORTH 89'10'46" EAST. A DISTANCE OF '9.50 FeG; THENCr sourn 00'49""" C4Sr. A DISTANCE OF 18.60 FEET; THENCE SOUTH 89"0'46- WEST. A DISTANCE OF 4.50 FEF:T; THENCE SOUTH 00'49'14- EAST. A DISTANCE OF 15.76 FEET, TO A POINT ON A CURVE AT WHICH A RADIAL LINE BEARS SOtmt 2.1'44'19" EAST: THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE LEFT. HAVING A RADIUS OF 6J.OO FEF:T AND A CENTRAL ANGLE OF 15'56'55: AN ARC DISTANCE OF 77.54 FEET. TO POINT OF BEGINNING. R."'1I8 if PROFESSIONAL SURIICYOR & MAPPfR, UC 900 SW 51H STREET BOCA RA TON, F1. :J.J486 (56') 372-2898 UCENSED BUSINESS No. LB77:J.J SCALE: 1" = 20' ~~ ~~ ..~ ~~ 'i ~ . -'to .\ I'Ii ~,\ ""\ R-63.00 L-17.54' 1F15~6'55. ... DADE COUNTY RECORDS = POINT OF, BEGINNING ... POINT OF COItJUENCEMENT ... RADIUS ... ARC LENGTH = CENTRAL ANGLE LEGEND: OCR POB POC R L .<I Il'lDtu tMBPllIJ SURVEYOR'S NOTES: ~ .tl,w"1 T. NOT VALID WfTHOUT THE: SlGNATlJRE AND ORIGINAl.. RAISED SFAl. OF A FLORIDA UCENSED SURVEYOR de MAPPER. 2. 8ElfRfNCS SHOWN HEREON ARE 8ASCD ON THE: scum UNE OF "HUBER TRACT" - BFARJNG S89'20'J5"W J. THIS IS NOT A lAND SURVF:Y. SURVEYOR'S CERTlACATE: / HEREB'I CER11FY THAT THIS "SKETCH AND DESCRIPTION" IS TRUE AND CORRECT TO THE BEST OF JIY KNOWf.El)GE AND 8ELJEF. J FlJRTHER CERTIFY THAT 11115 SKEICH MEETS THE: MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE: FLORIDA BOARD OF PROFESSJONAL SURVEYORS AND IiIAPPCRS IN CHIlPTCR 6'<117-6, FLORIDA NJliINlSTRATM CODE PURSUANT TO SECTION 472-027, FlORfI)A STATUTES. ~~~ DATE' .,. 30' cFI BY: I/ICfIAEL D. KUMKIEW1CZ PROFESSIONAL $URIIEYOR de UAPPER Fl.OR/DAREGlS1RATlON No, LS66'7 REVISION SKETCH d: DESCR/PTlON OWN MK PROJECT No.: 09114 DATE FB/Pg. CKD 8-27-09 GM Prepared by: City ofNMB 170S0NE 19 Avenue NMB, FL 33162 (305) 948-2967 SCHEDULE "B" (Legal description of fifteen (15) foot utility easement) A PORTION OF TRACT "A", "HUBER TRACT", AS RECORDED IN PLAT BOOK 140, PAGE 58, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID "TRACT 'A' " HUBER TRACT; 89020'35" EAST, ALONG THE SOUTH LINE OF SAID TRACT "A"; "HUBER TRACT", A DISTANCE OF 286.83 FEET TO A POINT OF CURVATURE; THENCE EASTERL Y AND NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADTIJS OF 25.00 FEET AND A CENTRAL ANGLE OF 47000'51", AN ARC DISTANCE OF 25.51 FEET, TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 63.00 FEET AND A CENTRAL ANGLE OF 07059'03", AN ARC DISTANCE OF 8.78 FEET, TO POINT OF BEGINNING, THENCE NORTH 00049'14" WEST, A DISTANCE OF 43.34 FEET: THENCE NORTH 89010'46" EAST, A DISTANCE OF 19.50 FEET; THENCE SOUTH 00049' 14" EAST, A DISTANCE OF 18~60 FEET; THENCE SOUTH 89010'46" WEST, A DISTANCE OF 4.50 FEET; 1;:FlENGE SbUTHOo049'14'" EAST, A DISTANCE OF 15.76 FEET, TO A POINT ON A CURVE. AT WHICH A RADIAL LINE BEARS SOUTH 23044'19" EAST: THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 63.00 FEET AND A CENTRAL ANGLE OF 15056'55", AN ARC DISTANCE OF 17.54 FEET, TO POINT OF BEGINNING. A ventura Alis & Cultural Center December 9, 2009 8 Initials: Developer: City: CITY OF A VENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission ~ J FROM: dr=;c M. Soroka, ICMA-CM~Y Man~ BY: . -7Brian K. Raducci, Finance Director DATE: October 28, 2009 SUBJECT: End of Year Budget Amending Ordinance - FY 2008/09 1st Reading November 3, 2009 City Commission Meeting Agenda Item ~ 2nd Reading 31hJoltl<i ~,20lQ.. City Commission Meeting Agenda Item G3 RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2008/09 budget. BACKGROUND As you are aware, the Finance Department is preparing the City's official books and records for the upcoming FY 2008/09 year-end audit. Now that most of our year-end adjustments have been posted, we have the necessary information to formally amend the FY 2008/09 budget. This "clean up" amendment is a normal part of our year-end fiscal operations and is prepared to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all actual expenditures. This ordinance will appear on the November 2009 and January 2010 agendas to comply with, Section 166.241 (3) of the Florida Statutes. Although this section requires all budget amendments be made "within up to 60 days following the end of the fiscal year," we will be unable to have the ordinance on second reading until January 2010 as there is no December meeting. This process is consistent with the City's past practice as the ordinance will appear on first reading prior to the November 29, 2009 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. At September 30,2009, the General Fund (001) requires a budget amendment of $685,000. In all cases, we will only amend the specific expenditure accounts primarily responsible for the amendment and in some cases, associated revenues may be increased to justify the overage in expenditures. Listed below is a summary of the amendments by department and the circumstances that support each recommendation. Page 2 Memorandum to City Commission End of Year Budget Amending Ordinance - FY 2008/09 General Fund - (001) - $685,000 Leaal (0601) - $35.000 Requires a budget amendment of $35,000 primarily due to higher than originally anticipated legal fees. This overage will be offset with additional Red Light Violation revenue. City Clerk (0801) - $5,000 Requires a budget amendment of $5,000 primarily due to higher than originally anticipated legal advertising fees related to amending the Comprehensive Plan. This overage will be offset with additional Unified Communications Tax Revenue. Community Development (4001) - $580,000 Requires a budget amendment of $580,000 primarily due to an overage of approximately $200,000 and $380,000 in Building Inspection Services and ATS' Red Light Violation processing costs respectively. Both overages are due to higher than anticipated activity experienced during the year. Both of the overages described above are offset by $200,000 and $380,000 In additional Building Permit revenue and additional Red Light Violation revenue respectively. Arts & Cultural Center (7001) - $65,000 Requires a budget amendment of $65,000 primarily due to an overage related to the costs associated with management startup services. This overage will be offset with additional Unified Communications Tax Revenue. The budget amendments outlined above, are expected to have little to no impact on the FY 2007/08 overall budget or carryover that was utilized in the preparation of the FY 2008/09 budget. Based on this analysis, I recommend approval of the attached Ordinance. ORDINANCE NO. 2010-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2008/2009 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2008-15, which Ordinance adopted a budget for the 2008/2009 fiscal year, by revising the 2008/2009 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Ordinance No. 2010-01 Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1,2008. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. This motion was seconded by Vice Mayor Weinberg and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb yes yes yes yes yes yes 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 lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 3rd day of November, 2009 2 Ordinance No. 2010-01 Page 3 PASSED AND ADOPTED on second reading this 5th day of January, 2010. SUSAN GOTTLIEB, MAYOR TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITYAt:i ~ 3 CITY OF AVENTURA GENERAL. FUND 001 FY 2008/09 BUDGET AMENDMENT 3149000 Unified Communications Tax $ 2,298,000 $ 70,000 $ 2,368,000 3221000 Building Permits 800,000 200,000 1,000,000 3542000 Red Light Violations 415,000 415,000 Total Revenue $ 3,098,000 $ 685,000 $ 3,783,000 TOTALAMENDMENTS-REVENUE $ 685,000 EXPENDITURES LEGAL (0601) CONTRACTUAL SERVICES 3120 Prof. Services - Legal $ 275,000 $ 35,000 $ 310,000 Total Legal $ 275,000 $ 35,000 $ 310,000 CITY CLERK'S OFFICE (0801) OTHER CHARGES & SERVICES 4911 Legal Advertising $ 35,000 $ 5,000 $ 40,000 Total City Clerk $ 35,000 $ 5,000 $ 40,000 COMMUNITY DEVELOPMENT (4001) CONTRACTUAL SERVICES 3101 Building Inspection Services $ 580,000 $ 200,000 $ 780,000 3401 Red Light Violations 380,000 380,000 Total Community Development $ 580,000 $ 580,000 $ 1,160,000 ARTS & CULTURAL CENTER (7001) CONTRACTUAL SERVICES 3112 Prof. Services - Management Services $ - $ 65,000 $ 65,000 Total Arts & Cultural Center $ - $ 65,000 $ 65,000 TOTAL AMENDMENTS - EXPENDITURES $ 685,000 / 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 V. PEREZ, who on oath says that he or she is the LEGAL CLERK, 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 Cour:ty, Fluilda; tLallhe; attachGd copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PROPOSED ORDINANCE MEETING - JANUARY 5, 2010 in the XXXX Court, was published in said newspaper in the issues of 11/20/2009 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 securin this advertise ent for publication in the said newspapGr. Sworn to and subscribed befor m d'Y06E~09 f (SEAL) V. PEREZ personally known to me ""\!~""'" 8 THOMAS ,*>!I'~ . !.: "-Ji.O\:: Commission # DD 937532 ~.~i~! Expires November 2,2013 "~ ,;, ~~>' Sonclo!d T1vu Tilly F.~. !nsuraoce 1lOIJ.385-7019 '(IjUI\" ~ "\.~'OTi' CITY OF A VENTURA' I ~ IpUBLlC NOTICE OF PROPOSED ORDINANCE 'NOTICE IS HEREBY GIVEN that on Tuesday, the. 5th day of Janua '2010, at a meeting of the City Commissioll.qt the City of Aventura to b held at 6:00 p.m. in the Commission Chamber of the Aventura Gover.n- iment Center, 19200 West Country Club Drive, Aventur~, Florid,a, the Cltyl Commission will consider the adoption of the follOWing Ordinance on 'second reading, entitled: ' . . !AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 'WHICH ORDINANCE ADOPTED A BUDGET FOR THE 200812009 IFISCAL YEAR BY REVISING THE 200812009 FISCAL YEAR OPER~T: ING AND CAPITAL' BUDGET AS OUTLINED IN EXHIBIT A 'ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO. 'ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. , . I The proposed Ordinance may be inspected by the public at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Flon~a. Interested parties may appear aUhe Public Heari~g ~nd be heard with respect to the proposed Ordinance. Any person .wlshlng to address the City Commission on any item at this Public Heanng may do so after the Mayor opens the public hearing. In accordance with the Americans with Disabilities Act of, 1~90, all persons who are disabled and who need specill:I, accommo!latlons to participate in this proceeding because of that disability should ~ontact the Office of the City Clerk, 305-466-8901, not later than two bUSiness days! !prior to such proceedings. If a person decides to appeal any decision made by the C!ty Commission with respect to any matter considered at a meeting or heanng, that person will need a record of the proceedings and, for ~uch .purpose, m~y need to 'ensure that a verbatim record of the proceedings IS made, whlC~ record !includes the testimony a~~ evidence upon which the appeal IS to be, [based. I , Teresa M. Soroka, MMC City Clerk I h 1/20 09~:.188/.t35H.4PM1