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11-09-2010
City Commission CityMsnager Susan Gottlieb, Mayor Th City ®f Eric M. Soroka, 111A-IM Auerbach ,e f City Bob Diamond Bo M. Teresa M. Soroka, MMC Teri Holzberg Billy Joel GbrAupme� Michael Stern Weiss Scrota Helfman Luz Urbaez Weinberg Pastoriza Cole & Boniske NOVEMBER 9, 2010 Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDERXROLL CALL 2. PLEDGE OF ALLEGIANCE. 3. AGENDA: Request for Deletions/Emergency Additions 4. ADMINISTRATION OF OATH OF OFFICE TO RE- ELECTED MAYOR AND COMMISSIONERS 5. ELECTION OF VICE MAYOR 6. SPECIAL PRESENTATIONS: 10 -Year Service Certificate of Appreciation to Employees 7. 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: October 5, 2010 Commission Meeting October 14, 2010 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. November 9, 2010 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, 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 $6,653 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. D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $56,000 FOR RFID INVENTORY SYSTEM FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM E. MOTION TO APPOINT LEONARD BRENNER, ENID WEISMAN, ALAN LIPS, STANLEY PRICE AND MICHAEL YAVNER TO SERVE AS MEMBERS OF THE CHARTER REVISION COMMISSION EFFECTIVE IMMEDIATLEY. 8. ZONING HEARINGS: None. 9. ORDINANCES: FIRST READING— PUBLIC INPUT: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009 -17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2009/2010 FISCAL YEAR BY REVISING THE 2009/2010 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. 10. ORDINANCES: SECOND READING/PUBLIC HEARING: 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 2010/11- 2014/15 CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. 2 November 9, 2010 11. RESOLUTIONS — PUBLIC HEARING: None. 12. REPORTS 13. PUBLIC COMMENTS 14. OTHER BUSINESS: None. 15. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS WORKSHOP MEETING NOVEMBER 18, 2010 9AM 5' FLR.EX.CONF.ROOM 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 ensu32re 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 7uCky Of MINUTES Aventura Government Center AR4Vra CITY COMMISSION MEETING 19200 W. Country Club Drive OCTOBER 5, 2010 Aventura, Florida 33180 1 '.res 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb immediately following the 6 p.m. LPA meeting. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David 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: Proclamation presentation to Mr. and Mrs. Rosenberg for Police Dept. Scholarship Donation. In their absence, FIU representatives Jan Solomon and Vice Provost Steve Moll accepted the proclamation. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Auerbach, passed unanimously and the following action was taken: A. APPROVAL OF MINUTES: September 7, 2010 Commission Meeting September 14, 2010 Commission Meeting September 16, 2010 Workshop Meeting September 22, 2010 Commission Meeting B. Resolution No. 2010 -51 was adopted as follows: 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 CHANGE ORDER FOR THE AVENTURA ARTS AND CULTURAL CENTER BY AND BETWEEN THE CITY AND SUFFOLK CONSTRUCTION COMPANY, INC.; 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 CHANGE ORRDER; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2010 -52 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, JOINING THE SOUTH FLORIDA PARK COALITION AND EXPRESSING SUPPORT FOR THE SOUTH FLORIDA PARK COALITION CHARTER, AS REQUESTED BY THE MIAMI -DADE COUNTY LEAGUE OF CITIES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2010 -53 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. 2010 -54 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. 01- 0103 -141 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 29 AVENUE, NE 187 STREET AND NE 34 AVENUE MILLING AND RESURFACING IMPROVEMENTS PROJECTS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND ASSOCIATES, INC.; 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: 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 K 2010111- 2014115 CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting was offered by Commissioner Holzberg and seconded by Vice Mayor Stern. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED SEPTEMBER 2, 2003 AND AMENDED DECEMBER 29, 2004, MADE BETWEEN MERCO GROUP AT AVENTURA LANDINGS I, II AND III, INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM FEBRUARY 2, 2010 TO AUGUST 2, 2012 AND TO ADD APPLICABILITY OF THE CITY'S TRANSPORTATION MITIGATION IMPACT FEE TO DEVELOPMENT OF THE CONDOMINIUM AND LOFTS PARCELS, RELATING TO THE PARCELS OF LAND ZONED RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT, LOCATED ON NE 185 STREET AT NE 28 COURT, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE A motion for approval was offered by Commissioner Auerbach and seconded by Commissioner Weinberg. Community Development Director Joanne Carr addressed the Commission. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2010 -12 was enacted. 9. RESOLUTIONS —PUBLIC HEARING: None. 10. REPORTS: As presented. 3 11. PUBLIC COMMENTS: Raya Elias - Pushett, Krop Sr. High School student. 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 6:33 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 MINUTES The CITY COMMISSION Aventura Government Center hi� WORKSHOP MEETING 19200 W. Country Club Drive A October 14, 2010 9 a.m. ventura, Florida 33180 i 9rr./ CALL TO ORDER/ROLL CALL The meeting was called to order at 9:25 a.m. by Mayor Susan Gottlieb following the 8:15 a.m. Executive Session. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Susan Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. RACE TO THE TOP FDOE GRANT (City Manager): Mr. Soroka introduced ACES Principal Julie Alm and Vice Principal Daniel Sandberg who presented a powerpoint presentation that explained this grant established to implement federal targeted educational reform programs at the state level and noted it is optional for Charter Schools to participate. CITY MANAGER SUMMARY: Consensus to participate at this time during the development stages. Future participation would be evaluated based on the impact on the school. CHARTER REVISION COMMISSION (City Manager): Mr. Soroka advised the Commission that it is time once again for a review of the City's Charter and requested the Commission submit names for the Charter Review Commission. CITY MANAGER SUMMARY: Consensus to appoint Leonard Brenner to serve as the member from the previous Commission as provided by Charter and that the City Commission submit names to the City Manager by Friday, October 22, 2010, for discussion as to appointment. 3. ANNUAL SELECTION OF REPRESENTATIVE TO THE MIAMI -DADE COUNTY LEAGUE OF CITIES (City Manager): Noting that the League has requested appointment/reappointment of the City's representative, Mr. Soroka requested Commission selection. CITY MANAGER SUMMARY: Consensus to reappoint Commissioner Auerbach. 4. CONSTITUTIONAL AMENDMENTS 5 & 6 (Mayor Gottlieb); Mayor Gottlieb advised the Commission of a request she received from Former City of Miami Mayor Manny Diaz, now Chairman of the FairDistrictsFlorida, to support Amendments 5 and 6, which amendments would, among other things, allow voters the opportunity to choose their representatives instead of politicians choosing which voters they want in their districts. CITY MANAGER SUMMARY: Consensus to approve. 5. AMENDMENT TO INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY SCHOOL BOARD (City Manager): Planning Director Joanne Carr addressed the Commission and explained that the revisions are offered by the School Board for inclusion in the City's agreement under the "most favored nations" clause, as they are contained in a separate agreement made between the School Board and Miami -Dade County. CITY MANAGER SUMMARY: Consensus to add only Section 5 pertaining to proportionate share mitigation, in order to show the City's strong support of Charter Schools as a mitigation option for student capacity. 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. 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 TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City AMage DATE: October 18, 2010 SUBJECT: Resolution Authorizing Execution of Agreement With the State Attorney for Prosecution of Aventura Code Violators November 9, 2010 City Commission Meeting Agenda Item I RECOMMENDATION It is recommended that the City Commission authorize the execution of an Agreement with the State Attorney's Office for the prosecution of Aventura Code Violations. This is a renewal of the Agreement approved in 2009. BACKGROUND The State Legislature amended Section 27.01 Florida Statutes to provide that the State Attorney shall appear in the courts to prosecute violations of municipal ordinances if the prosecution is ancillary to a state prosecution or if the State Attorney has contracted with the municipality for reimbursement for services rendered. The legislators passed similar laws requiring municipalities to pay for the representation of criminal defendants by the public defender's office. As a result, those cases that a City requests the State Attorney's Office to prosecute will be subject to a charge of $50.00 per hour each to the State Attorney and Public Defender. Attached hereto is the subject Agreement which provides the option to the City to utilize the State Attorney's Office. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1707 -10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is authorized to execute and otherwise enter into that certain Agreement attached hereto between the City of Aventura and the State of Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to reimburse the State for the cost of State Attorney prosecution of certain criminal violations of the City of Aventura Code. 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 Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Commissioner Michael Stern Mayor Susan Gottlieb Resolution No. 2010 -_ Page 2 PASSED AND ADOPTED this 9 th day of November, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENT BETWEEN CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CODE This agreement is entered into this day of , 2010, by and between City of Aventura, a political subdivision of the State of Florida (hereinafter referred to as the "City ") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida (hereinafter referred to as "State Attorney ") WHEREAS, the City finds that in order to maintain and improve the health, safety, and welfare of this community, it is necessary to adequately enforce and prosecute violations of the City's Municipal Code; and WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if not ancillary to state prosecution, when the State Attorney contracts with the City for reimbursement. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I Services The State Attorney agrees to prosecute municipal ordinance violations as authorized in Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for costs associated with the prosecution of violations of the Municipal Code for the period of October 1, 2010, through September 30, 2011. The State Attorney shall provide such clerical and professional personnel as may be required for the performance of any of the functions of the State Attorney as set forth in this agreement. This agreement does not commit the City to pay for the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution of municipal ordinance violations not punishable by incarceration. This agreement specifically does not authorize the State to handle appeals of municipal ordinances on constitutional grounds, which shall remain the responsibility of the municipality that passed the ordinance. ARTICLE II Terms This agreement shall expire on September 30, 2011, unless terminated earlier pursuant to Article VII of this agreement. Under no circumstances shall the City be liable to continue or extend this agreement beyond this date. This agreement may only be amended in writing, through a document executed by duly authorized representatives of the signatories to this agreement. ARTICLE III Payment Schedule The City agrees to reimburse the State Attorney on an hourly basis for services rendered at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the City with an invoice including, but not limited to, the hours of services rendered, number of cases prosecuted as set forth in this agreement, and the total amount due for payment for the previous month. The City shall remit each payment within ten (10) days after receiving said invoice from the State Attorney. ARTICLE IV Responsibilities The City does not delegate any of its responsibilities or powers to the State Attorney other than those enumerated in this agreement. The State Attorney does not delegate any of its responsibilities or powers to the City other than those enumerated in this agreement. ARTICLE V Reporting All required reports shall be submitted to the ARTICLE VI Indemnification It is expressly understood and intended that the State Attorney is only a recipient of the reimbursements paid by the City and is not an agent of the City. The respective parties agree, subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other harmless from any claims arising from this agreement. ARTICLE VII Termination Either party may terminate this agreement at any time with or without cause by furnishing written notice to the other party with no less than ninety (90) days notice. ARTICLE VIII Service Char This agreement is contingent upon all City funding provided, and any interest earned thereon, not being subject to any State service charges or administrative assessments. ARTICLE IX Non - Discrimination The State Attorney agrees to abide and be governed by Title II of the Americans with Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be discrimination of race, color, sex, religious background, ancestry, or national origin in performance of this contract, in regard to persons served, or in regard to employees or applicants for employment and it is expressly understood that upon receipt of evidence of discrimination, the City shall have the right to terminate said agreement. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their respective and duly authorized officers the day and year first above written. ATTEST: NAME By: POSITION ATTEST By: City Commission State Attorney's Office Eleventh Judicial Circuit L Don L. Horn Chief Assistant State Attorney for Administration CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, C a ager DATE: October 18, 2010 SUBJECT: Resolution Authorizing Execution of Federal Drug Control and System Improvement Program Grant to Fund School Resource Officer Drug and Crime Prevention Programs November 9, 2010 City Commission Meeting Agenda Item I- C RECOMMENDATION It is recommended that the City Commission authorize the execution of the Federal Drug Control and System Improvement Program Grant document to fund the School Resource Officer programs at the Charter School. BACKGROUND The City has applied for and received a grant in the amount of $6,653 to fund various crime prevention programs designed to educate the students and parents of the school. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1706 -10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, 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 $6,653 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. WHEREAS, the City Commission of the City of Aventura desires to accomplish the purpose outlined in the contract attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is authorized to apply for funds in the approximate amount of $6,653 and execute such contracts and agreements as are required between Miami -Dade County and the City of Aventura to provide for expansion of services provided by the Community Drug & Crime Prevention School Resource Officer Program in substantially the form as 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2010 -_ Page 2 PASSED AND ADOPTED this 9 th day of November, 2010. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ifJ,IF - �i B EI. 9. OWJIR►M CONTRACT This Contract, made this day of 2010, by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County ") through its Office of Grants Coordination (hereinafter referred to as "Department "), located at 111 N.W. First Street, 19 Floor Miami, FL 33128 and the CITY of AVENTURA a municipality located in Miami -Dade County, Florida (hereinafter referred to as "Provider "). This Contract provides the terms and conditions pursuant to which the Provider shall provide a School Resource Officer Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100 -690, the Federal Anti -Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Contract by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami -Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the School Resource Officer Project by providing a portion of the federal funds awarded to Miami -Dade County to the School Resource Officer Project; and WHEREAS, the County as contractor /grantee for the State of Florida is authorized to purchase said services for the School Resource Officer Project as an allowable activity under the ACT; and WHEREAS, the County requires the above - mentioned services from the Provider in order to fulfill its contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $6,653. Both parties agree that should available County funding be reduced, the amount payable under this Contract may be proportionately reduced at the option of the County. Iof14 II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. III. EFFECTIVE TERM The effective term of this Contract shall be from October 1, 2010 through September 30, 2011. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County; however a Cash Match is not required for this grant term. V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Requirements of the Anti -Drug Abuse Act. The Provider agrees to abide by all of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, including Rule Chapter 11D-9 of the Florida Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial Justice Assistance Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. Furthermore, this award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 ID, Office of Justice Programs, Common Rule for State and Local Governments and A -87, or OMB Circulars A -110 or A -102, as applicable, and A -21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of Public Law 90 -351, as amended, and Public Law 100 -690. B. Supplanting. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that would, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 11 D -9, Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall 2of14 pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing School Resource Officer services shall have appropriate licenses, training and experience in the field in which he /she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his /her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. XI. CONFLICT OF INTEREST The Provider agrees to abide by and be governed by Miami - Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. Nepotism. Notwithstanding the aforementioned provision, no relative of any officer, board of director, manager, or supervisor employed by the Provider shall be employed by the Provider unless the employment preceded the execution of this Contract by one (1) year. No family member of any employee may be employed by the Provider if the family member is to be employed in a direct supervisory or administrative relationship either supervisory or subordinate to the employee. The assignment of family members in the same organizational unit shall be discouraged. A conflict of interest in employment arises whenever an individual would otherwise have the responsibility to make, or participate actively in making decisions or recommendations relating to the employment status of another individual if the two individuals (herein sometimes called "related individuals ") have one of the following relationships: 1. By blood or adoption: Parent, child, sibling, first cousin, uncle, aunt, nephew, or niece; 2. By marriage: Current or former spouse, brother- or sister -in -law, father- or mother -in- law, son- or daughter -in -law, step - parent, or step - child; or 3. Other relationship: A current or former relationship, occurring outside the work setting that would make it difficult for the individual with the responsibility to make a decision or recommendation to be objective, or that would create the appearance that such individual could not be objective. Examples include, but are not limited to, personal relationships and significant business relationships. For purposes of this section, decisions or recommendations related to employment status include decisions related to hiring, salary, working conditions, working responsibilities, evaluation, promotion, and termination. An individual, however, is not deemed to make or actively participate in making decisions or recommendations if that individual's participation is limited to routine approvals and the 3of14 individual plays no role involving the exercise of any discretion in the decision - making processes. If any question arises whether an individual's participation is greater than is permitted by this paragraph, the matter shall be immediately referred to the Miami -Dade County Commission on Ethics and Public Trust. This section applies to both full -time and part-time employees and voting members of the Provider's Board of Directors. No person, including but not limited to any officer, board of directors, manager, or supervisor employed by the Provider, who is in the position of authority, and who exercises any function or responsibilities in connection with this Contract, has at the time this Contract is entered into, or shall have during the term of this Contract, received any of the services, or direct or instruct any employee under their supervision to provide such services as described in the Contract. Notwithstanding the before mentioned provision, any officer, board of directors, manager or supervisor employed by the Provider, who is eligible to receive any of the services described herein may utilize such services if he or she can demonstrate that he or she does not have direct supervisory responsibility over the Provider's employee(s) or service program. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami - Dade County ( "County Code "), as amended, which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., §2000d as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12103 et se g., which prohibits discrimination in employment and accommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. §1612, and the Fair Housing Act, 42 U.S.C. §3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as § 11A -60 et sea. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. 4of14 XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: If to the COUNTY: If to the PROVIDER: Miami -Dade County Office of Grants Coordination 111 NW First St., 19 Floor Miami, Florida 33128 Attention: Ms. Michaela Doherty Aventura Police Department 19200 W. Country Club Dr. Aventura, FL 33180 Attention: Ms. Shelisa Persuad XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. XV. BREACH OF CONTRACT: COUNTY REMEDIES. A. Breach. A breach by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) the Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami - Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. 5of14 B. County Remedies. If the Provider breaches this Contract, the County may pursue any or all of the following remedies: 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. The County Mayor or Mayor's designee is authorized to terminate this Contract on behalf of the County. D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. 6of14 XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. The County Mayor or Mayor's designee is authorized to terminate this Contract on behalf of the County. XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line items, not to exceed ten percent (10 %) of the total budget, without a written amendment. Variances greater than ten percent (10 %) in any approved line item shall require a written amendment approved by the Department. B. Recapture Funds. At the conclusion of the third quarter and upon submission of the Quarterly Performance Report and Invoice, the County will review the Provider's Year -To- Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan with the Third Quarter Report which documents those steps the municipality will take in the Fourth Quarter to fully expend the contract by the end of the program year. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program year, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process. C. Payment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost -basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment B). The Provider agrees to invoice the County for each School Resource Project using the Quarterly Expenditure Report as it appears in Attachment D, and to do so on a quarterly basis, as stated in Section XIX. B.2. The Quarterly Expenditure Report shall be prepared in a manner in accordance with the form provided in Attachment D. The final Quarterly Expenditure Report shall be submitted by October 15, 2011 D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No payment of subcontractors In no event shall County funds be advanced directly to any subcontractor hereunder. XVIII. INVENTORY - EQUIPMENT AND REAL PROPERTY. 7of14 A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the Provider organization, will be considered an unnecessary expenditure. B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs. While there is no prescribed standard for such review, the Provider procedures may establish levels of review dependent on factors such as the cost of the proposed equipment and the size of the Provider organization. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider's organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss Damage or Theft of Equipment. The Provider is responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment acquired shall be used and managed to ensure that the equipment is used for criminal justice purposes. E. Management. The Provider's procedures for managing equipment (including replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every two (2) years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records. Records for equipment, nonexpendable personal property, and real property shall be retained for a period of three (3) years from the date of the disposition or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the three -year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 8of14 XIX. RECORDS, REPORTS MONITORING AUDITS, AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. A. Records. All program records will be retained by the Provider for not less than three (3) years beyond the term of this Contract. In accordance with contract requirements from the State of Florida, records for the School Resource Officer Project services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Contract. B. Reporting Requirements. 1. Quarterly Project Performance Report. The Provider shall submit the Quarterly Project Performance Report to the Office of Grants Coordination by January 5, April 5, July 5, and October 5, 2011 covering the Contract activity for the previous quarter. The Quarterly Project Performance Report shall be submitted in the format and using the form attached hereto as Attachment C. 2. Quarterly Expenditure Report. The provider shall submit the Quarterly Expenditure Report with supporting documentation to the Office of Grants Coordination by January 15, April 15, July 15, and October 15, 2011 covering the expenditures to be reimbursed for the previous quarter. The Quarterly Expenditure Report shall be submitted in the format and using the form attached hereto as Attachment D. 3. Other Required Reports. The Provider shall submit other reports as may be required by the Office of Grants Coordination during the program year. C. Changes to Reporting Requirements. The Provider understands that the County may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Contract. The Provider shall provide assistance as may be necessary to facilitate a financial /program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves the right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. 9of14 E. Office of Miami -Dade County Inspector General. Miami -Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 1/4 of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews Pursuant to Miami - Dade County Administrative Order 3 -20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the Provider shall make available to the IPSIG retained by the County, all requested records and documentation 10 of 14 pertaining to this Contract for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. G. Evaluation Studies. The Provider agrees to participate in evaluation studies sponsored by the administrative agent for these funds from the Florida Department of Law Enforcement, Business Support Program, and Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. XX. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Religious Purposes. County funds shall not be used for religious purposes. C. Commingling Funds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. D. Double Payments. Provider costs claimed under this Contract may not also be claimed under another contract or grant from the County or any other agency. Any claim for double payment by Provider shall be considered a material breach of this Contract. XXI. MISCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Mayor or Mayor's designee. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of County, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been 11 of 14 reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. The County and Provider mutually agree that amendments of the Scope of Service, line item budget of more than ten percent (10 %) of the total budget set forth herein and other such revisions my be negotiated as written amendment to this Contract between the parties. The County Mayor or Mayor's designee is authorized to make amendments to this Contract as described herein on behalf of the County. C. Ownership of Data and Other Material. All reports, information documents, tapes and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon request. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami -Dade County, Florida. E. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by acceptance of these funds, the Provider agrees that events and printed documents funded by this Contract shall recognize the funding source as follows: This program was supported by a grant awarded to Miami -Dade County, the Florida Department of Law Enforcement (FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA). F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. Review of this Contract. Each party hereto represents and warrants that they have consulted with their own attorney concerning each of the terms contained in this Contract. No inference, assumption, or presumption shall be drawn from the fact that one party or its attorney prepared this Contract. It shall be conclusively presumed that each party participated in the preparation and drafting of this Contract. H. Headings Use of Singular and Gender Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the 12 of 14 provisions of this Contract. Wherever used herein, the singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. I. Total of Contract/Severability of Provisions. This fourteen (14) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget Attachment C: Quarterly Project Performance Report Attachment D: Quarterly Expenditure Report Attachment E: Miami -Dade County Affidavits Attachment E1: Code of Business Ethics Attachment E2: Miami -Dade County Debarment Disclosure Affidavit Attachment E3: State Public Entities Crime Affidavit Attachment F: Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirement of applicable law. INTENTIONALLY LEFT BLANK 13 of 14 IN WITNESS WHEREOF, the parties hereto have caused this Contract, along with all of its Attachments, to be executed by their respective and duly authorized officers, the day and year first above written. Signature Name (typed) ATTEST: M Title By: (Corporate Seal) ATTEST: MIAMI -DADE COUNTY, FLORIDA HARVEY RUVIN, CLERK By: DEPUTY CLERK GEORGE M. BURGESS COUNTY MANAGER 14 of 14 SUMMARY OF ATTACHMENTS ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT E1 ATTACHMENT E2 ATTACHNENT E3 Scope of Services Program Budget Quarterly Project Performance Report Quarterly Expenditure Report Miami -Dade County Affidavits Code of Business Ethics Miami -Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit ATTACHMENT F Provider's Disclosure of Subcontractors and Suppliers ATTACHMENT A ATTACHMENT A PROGRAM NARRATIVE Jurisdiction Name: City of Aventura Address: 19200 W. Country Club Dr. Aventura, FL 33180 Program Area: School Resource Officer Program Name: Aventura Safe Kids Initiative Contact Person: Shelisa Persuad Contact Numbers: O 305 - 466 -8965 F (305) 466 -2895 Program Dates: 10/01/10 through 09/30/11 Target Population: School aged children Problem Identification The City of Aventura recognizes that school age children face many problems today such as bullying, drugs, and internet predators. Coupled with the peer pressures that many school aged children face; children often need an education in life skills, drug prevention, crime prevention and safety in order to effectively cope with these issues. As the nation's economy worsens, more and more parents are forced to become dual income households which results in the proliferation of "latch key" children. Left to their own device, these children have the potential to enter into a deviant lifestyle that includes burglary, mischief and other more serious crimes. Arming these kids with positive experiences influences and training early in life often leads to a more productive and law abiding outlook on life. The Aventura Safe Kids Initiative addresses these problems by providing training in these areas to give the school age children of Aventura a head start on life. Program Description The Aventura Safe Kids Initiative will give school age children the tools to confront problems from a position of knowledge and strength. School Resource Officers are in the best position to present this training and address the specific problems of: ➢ Bullying — Studies have shown that a vast number of children have been bullied in school and that this bullying activity crosses gender lines and affects most age groups. Recognizing the signs of a bully and knowing how to react are important tools that every child must possess. ➢ Drugs — Drug usage confronts our youth at every stage of their development and the training must start early. Peer pressure is an important factor in this equation. Children need to know that peer pressure can be a strong influence and to remain above it. Drug presentation covering the most common and available drugs along with avoiding situations where drug use may present itself are covered. ➢ Internet Safety — Children are approached every day on the internet by strangers. Technology is changing so fast that parents are having a tough time keeping up with all the changes. The training proposed will involve teaching the children the inherent dangers of the internet and how to stay safe in a wired world. There is also a parent component of this training that requires the parents to attend training on the Internet and programs available to keep their children safe. ➢ Crime Prevention — It is never too early to start teaching children crime prevention. Children are trained in reading, writing, and arithmetic at an early age and they can be taught crime prevention as well. This training will cover the basics of crime prevention and how to avoid situations where you can become a victim. The training addresses specific school age crime problems, and will essentially create a crime resistant generation of children who will learn crime prevention before they become a victim of crime. ➢ Safe Kids — As we equip children with ways to stay safe, aware, and knowledgeable to all of the above situations, we would also like to ensure the safety of the school aged children we are teaching /educating. As an added enhancement to the Aventura Safe Kids Initiative we will be providing Child Safety Kits that include fingerprinting, photographs, and emergency contact information to aide Law Enforcement and School Officials for emergency situations. The Aventura Safe Kids Initiative is designed to utilize common crime prevention tools and programs to deliver a positive outreach program to our cities children. Working as team, our SRO, Crime Prevention Specialist, and Crime Analyst will design and deliver training programs described above during the regular school year, with locations that would alternate between the Aventura Charter School, Aventura Community center, and the Aventura Police Department. These programs would be taught to parents twice during the regular school year and to students twice per week during regular school hours in order to be sure to reach all of our children and provide them with multiple learning objectives. The program's success will be measured by both formal and informal student surveys both pre and post training. We will measure changes in the student's attitudes and knowledge concerning crime prevention and safety. This measurement process will be ongoing throughout the school year and information gained from these measurements will be utilized to ensure that we are delivering quality training, delivering the proper message and targeting the appropriate audience. Changes to training design and schedule can be made depending on the result of these surveys and the success of the program. At the completion of the school year we will produce a formal report of the result of our initiative. This report will include the number of students reached, the number of training classes delivered, an outline of the various training programs delivered, and a report on the student's evaluation of the program which will include pre and post training information. This report will be published and made available to school administrators, department and city administrators, and any other interested parties. We anticipate that this report will highlight the success of our program so that this program can be duplicated on a yearly basis both in our city and in any other cities that are interested in a "Safe Kids Program ". Jurisdiction Name: Aventura Address: 19200 W. Country Club Dr. Aventura, FL 33180 Program Area: School Resource Officer Program Name: Aventura Safe Kids Initiative Contact Person: Shelisa Persuad Contact Numbers: O 305 - 466 -8965 F (305) 466 -2895 Program Dates: 10/01/10 through 09/30/11 Target Population: School aged children Required Activities Planned Measures Monitoring Plan Conduct 25 Crime Prevention The provider shall be The provider is to submit the classes during the school year. responsible for: following documentation to the County in a complete and timely Conduct 2 Internet Orientation Anti -Drug &Drug Prevention manner: Education classes to parents of Classes to school aged children school age children. Quarterly Performance Reports Crime Prevention Classes to Serve 5000 school aged children school age children. Quarterly Expenditure Reports Purchase equipment and McGruff Presentations Meeting announcements, supplies for the project attendance records Video and Multimedia Preparation of a year -end report presentations Participant list and meeting attendance records Presentations on various crime prevention topics Copies of invoices and cancelled checks for materials Internet orientation classes to purchased parents of school age children Year -end report of activities. ATTACHMENT B ATTACHMENT B PROGRAM BUDGET Jurisdiction Name: AVENTURA Program Area: School Resource Officer Program Name: Aventura Safe Kids Initiative CONTRACTUAL SERVICES TOTAL Salaries and Benefits, Total Operating Capital Outlay, Total 1 Safe ID Card System (computer, camera, fingerprint scanner, printer & software for ID cards) 1 Portable child ID device (thumb drive which holds personal information) Expenses, Total Fatal vision goggle set (for drug & alcohol prevention education) Educational videos Crime prevention coloring books, key chains & flashlights Crime prevention educational materials Total Budget *All items inlcude shipping & handling Miami- Dade County will reimburse. an amount not to exceed Contact Person: Shelisa Persuad O (305) 466 -8141 F (305) 466 -2895 Program Dates: 10/01/10-09/30/11 $6,653 $0 $4,339 $2,839 $1,500 $2,314 971.75 $200 $650 $492 $6,653 $6,653 9/2112010 ATTACHMENT C Edward Byrne Memorial Justice Assistance Grant Program Attachment Drug Control and System Improvement Formula Grant Program Quarterly Project Performance Report SCHOOL RESOURCE OFFICER PROJECT Fiscal Year 2O1D/2O11 Aventura (Project Name) (Name of Person Completing Form) (Title) (Phone) Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRATIVE portion of this report. Any report not received by January S; April S; July S; and/or October 5. will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. / \) jƒ /7 . E \§ %E • f ©« § p � . $- \ ) Cl. > « #m 2 22 Q M m / ƒ _ ow 2 tca e c k R/ L) / @ 2 # S u 2 0 §-0 t b A k \ k \ \ '0 2 \ E 0 \ \ Z j \ \ \ \ § 2 ƒ m 0 § \ \ § a a o § k a o = E 2 ) \ m § § -- V- _ \ 2 )/ )\ 0 0/ 0 § 2; 0 ) ; . - ƒ 73 r \ E a f a/ . C k m 0 = §\ )f [2 & / M (1) cf) ° kI 0 k k § = f iƒ E@ //} E g£ IL k G§/ ( k k 0 k G >\ \) ) » & ® ° % ®°f \ } \ \ / \ / t ƒ = Q \ © ƒ ] % % % L / E # £ - k E 2 7 E » « c 0 / / \ / « / * / . ` { m @ k E E E Q ¥_ o @ 2 / 2 2 \ k 0 / & / / \ / � - §fk a § {\ LL m< E w W w-4 a a K a a ATTACHMENT Attachment D Edward Byrne Memorial Justice Assistance Grant Program SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (To Be Copied on Jurisdiction Letterhead) 3. Amount of Previous Invoices $ 4. Remaining Budget Balance $ (Subtract lines 2 & 3 from line 1) Sub Object Budget Line Item Exceeds Federal Category Code Categories Disallowed Budget Funds Totals Salaries & Benefits Contractual Services Operating/ Capital Equipment Expenses Total Claim We request payment in accordance with our contract agreement in the amount of 100% of the Total Costs for this Claim $ Attached, please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and none of the Items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within the contractual scope of services and all of the goods and services have been received, for which reimbursement is requested. Respectfully submitted, Chief of Police /Other City Official Payment Approved, Miami Dade County 1. Total Federal Budget $ 2. Amount This Invoice $ Miami Dade County School Resource Officer Page 2 of 3 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses City: Date of Claim: Project Name: Claim Number: Name Officer /Staff Date of Activity Type of Actiyit ' Total Hours '(Presentation, Parent Meeting, Field trip, etc.) TOTAL HOURS AT $ PER HOUR = $ I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ OFFICER /STAFF SIGNATURE: OFFICER /STAFF SOCIAL SECURITY NUMBER: _ CHIEF OF POLICE /CITY OFFICIAL SIGNATURE: _ I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED: Note: Payroll registers, time sheets and OT slips, d IS CORRECT. must be atta ched to process this Miami Dade County School Resource Officer City: Project Name: Vendor Page 3 of 3 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Equipment, Supplies, Material Expenses) Date of Claim: Claim Number: Item Date Check Description Paid Number Amount TOTAL AMOUNT OF EXPENSES: NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment. ATTACHMENT ATTACHMENT E JAGBYRNE GRANT ADMINISTRATION MIAMI -DADE COUNTY AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI -DADE FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof, it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. 1 , being first duly sworn state: Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) ame of Entity, Individual(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Street Address City State Zip Code I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership 1 of 5 2. The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. _ II. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90- 133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? Yes — No 2. Does your firm provide paid health care benefits for its employees? _ Yes _ No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: Males Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: Males Females Aleut (Eskimo): Males Females Males Females: Males Females _III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.) In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make -up of the nation shall be presumed to have non - discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 2of5 The requirements of County Ordinance No. 98 -30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative of the population make -up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N.W, lst Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. I" Avenue, 28th Floor, Miami, Florida 33128; The firm does not have an affirmative action plan and /or a procurement policy as described above, but has been granted a waiver. IV. MIAMI -DADS COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. V. MIAMI -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including tennination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. 3 of 5 VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section I IA -29 et. seq of the County Code) That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under. this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title -II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. _VIII. MIAMI -DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 4 of 5 X. PROJECT FRESH START (Resolutions R- 702 -98 and 358 -99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R- 702 -98 and R- 358 -99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. XI. DOMESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified At IIA -60 Et. Seq. of the Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at 11A -60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami - Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits that do not pertain to this contract. 200_ by (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of known to me or has presented (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public — Stamp State of (State) (Date) He /She is personally as identification. (Serial Number) (Expiration Date) Notary Seal 5 of 5 ATTACHMENT E1 ML4MI -DADS COUNTY FLORIDA Form A -12 Code of Business Ethics ATTACHMENT El In accordance with Resolution R- 994 -99 each person or entity that seeks to do business with Miami -Dade County shall adopt the Miami -Dade County/Greater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami -Dade County /Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami -Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami -Dade County /Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami -Dade County/Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A -12, the Proposer hereby agrees to comply with the principles of Miami -Dade County/Greater Miami Chamber of Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A -12. Compliance with Government Rules and Regulations • We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; • We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment Selection and Compensation of Contractors Consulting Vendors, a Suppliers • We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; • Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. Page 1 of 3 MIAMI -DADS COUNTY, FLORIDA Business Accounting • All our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no .t off the books" transactions or secret accounts. Promotion and Sales of Products and Services • Our products will comply with all applicable safety and quality standards; • We, the undersigned Proposer will promote and advertise our business and its products or services in a manner that is not misleading and does not falsely disparage our competitors; • We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our proposal will be competitive, appropriate to the request for proposals /qualifications documents and arrived at independently; • Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. • We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. • We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Campaigns • We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law; • We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and qualified public officials and engage them in dialogue and debate about business and community issues to the extent permitted by law; • Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; • We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. Page 2 of 3 MIAMI -DADS COUNTY, FLORIDA We, the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. Pass - through Requirements This Code prohibits pass- through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity; Rental Space Equipment and Staff Requirements or Flat Overhead Fee Requirements This Code prohibits rental space requirements, equipment requirements, staff requirements and /or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and /or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for MBEs, the timing of payments and when the work is to be performed. By: (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this 200_ by is personally known to me or has presented (Date) He /She (Type of Identification) as identification. (Signature of Notary) (Print or Stamp of Notary) day of (Serial Number) (Expiration Date) Page 3 of 3 ATTACHMENT E2 Attachment E2 MIAMI -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93 -129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami -Dade County. (Signature of Affiant) SUBSCRIBED AND SWORN TO (or affirmed) before me this 200_ by is personally known to me or has presented (Type of Identification) as identification. (Signature of Notary) (Print or Stamp of Notary) Notary Public — Stamp State of (State) (Date) day of He /She (Serial Number) (Expiration Date) Notary Seal 5101 ATTACHMENT E3 Attachment E3 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS This sworn statement is submitted to Miami -Dade County by (print individual's name and title) for (print Name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in paragraph 287.133(l)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I of 2 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) Sworn to and subscribed before me this day of 20 Personally known OR Produced Identification Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped commissioned name of notary public) 2of2 ATTACHMENT F ATTACHMENT F JAGBYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97 -104) Name of Organization: Address: REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit the list of first tier subcontractors or sub - consultants who will perform any part of the Scope of Services Work if this Contract is for $100,000 or more. The Provider must complete this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will be used "; do not state "N /A ". NAME OF SUBCONTRACTOR OR SUB - CONSULTANT ADDRESS CITY AND STATE No subcontractors will be used. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit a list of suppliers who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or more. The Provider must fill out this information. If the Provider will not use suppliers, the Provider must state "No suppliers will be used ", do not state "N /A ". NAME OF SUPPLIER ADDRESS CITY AND STATE No suppliers will be used. I hereby certify that the foregoing information is true, correct and complete: Signature of Authorized Representative: Title: Firm Name: Address: Date: Fed. ID No City/ State /Zip: Telephone: ( ) Fax: ( J E -mail: CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Cit n ger DATE: November 2, 2010 SUBJECT: Disbursement of Police Forfeiture Funds November 9, 2010 City Commission Meeting Agenda Item 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 $56,000 for RFID Inventory System 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 CCO1708 -10 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, C ity Manager FROM: en Steinberg, Chief of Police DATE: 2 August 2010 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: RFID Inventory system $56,000 Total Expenditure Request: $56,000 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 RFID Inventory system — This is the ARMS Tracking system from Patterson Pope. This sole source vendor is the only vendor that supplies radio frequency ID tags for firearms (sole source vendor letter attached). Since firearms are required to be cleaned in very harsh chemicals, no other known vendor has RFID tags that can stay attached to the weapon during and/or after cleaning. This system was initially tested at military bases within the U.S. They also make RFID tags for other pieces of inventory such as radios, laptops and other police related equipment. The police department intends to "tag" all firearms, radios and laptops that the department has in its inventory. This system will modernize and enhance our ability to track these pieces of inventory. Walking around an officer, vehicle or a work area with a hand held scanner will enable the scanner to pick all the items tagged with RFID's and within minutes inventories can be conducted which would normally take hours or days. This purchase includes the total ARMS Tracking system software package. If other departments within the City of Aventura want to put RFID tags on equipment within their respective departments they can merely purchase the RFID tags and then use the hand held scanners to conduct their inventory. CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City Manager BY: Brian K. Raducci, Finance Director DATE: November 4, 2010 SUBJECT: End of Year Budget Amending Ordinance — FY 2009/10 1 St Reading November 9, 2010 City Commission Meeting Agenda Item_ 2 " d Reading January 4, 2011 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2009/10 budget. BACKGROUND As you are aware, the Finance Department is preparing the City's official books and records for the upcoming FY 2009/10 year -end audit. Now that most of our year -end adjustments have been posted, we have the necessary information to formally amend the FY 2009/10 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 2010 and January 2011 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 2011 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, 2010 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In all cases, we will only amend the specific expenditure accounts that are 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 fund, department and the circumstances that support each recommendation. General Fund — (001) — $2,495,660 (net increase) Public Safety (2001) — $319, 000 1401 — Overtime Requires a budget amendment of approximately $35,000 due to operational needs of the Department. This overage will be offset by a corresponding decrease of $35,000 in the General Fund Capital Reserve (6999) budgeted funds. 2201 — Pension Requires a budget amendment primarily due to an overage of approximately $284,000 in Pension - related costs. The overage described above is offset by $284,000 in Section 185 Premium Tax revenue (3125200) which is required to be deposited into the appropriate Police Officers' Retirement Trust Fund as provided in §185.11, Florida Statutes. Previously, the additional pension - related cost and revenue were simply netted against each other for Financial Statement Purposes. Our auditors recently recommended that these amounts be presented at gross to better reflect the full cost of the Pension Plan, thus necessitating the above amendment. Community Development (4001) — $795, 000 3101 — Building Inspection Services Requires a budget amendment primarily due an overage of approximately $420,000 in Building Inspection Services due to higher than anticipated activity experienced during the year. This overage will be offset by $420,000 in additional Building Permit revenue (3221000). 3190 — Prof. Services Requires a budget amendment primarily due an overage of approximately $375,000 in Intersection Safety Camera Program processing costs due to higher than anticipated activity experienced during the year. This overage will be offset by $375,000 in additional Intersection Safety Camera Program revenue (3542000). Non - Departmental — Transfers (9001) — $1,416,660 9118 — Transfer to Charter School Fund Requires a budget amendment due to the planned transfer of $100,000 of the City's Intersection Safety Camera Program Revenue to the Charter School Fund to assist with funding the Charter School Fund. This overage will be offset by $100,000 in additional Intersection Safety Camera Program revenue (3542000). 9123 — Transfer to Debt Service Fund — 1999 Requires a budget amendment due to the transfer of $520,000 to the Debt Service Fund — 1999 to effectuate the refinancing of this instrument in September 2010. This amount represents a timing difference of when the principal payment is budgeted vs. recognized. Although these funds were "originally" scheduled to paid in April of 2011 and were "originally" budgeted in the 2010/11 budget, the Bank required said funds to be escrowed as part of the refinancing arrangement. Although this overage will be "temporarily" funded by a corresponding increase of 2 $520,000 in the General Fund Carryover (3999000) budgeted amount, it will be offset by a budgetary savings (of the same amount) in the 2010/11 budget. 9124 — Transfer to Debt Service Fund — 2000 Requires a budget amendment of $121,660 due to the transfer of cash from the General Fund in FY 2003 to offset negative cash (at the time) in the 2000 Loan Debt Service Fund. This transfer of cash was inadvertently recorded as a loan from the General Fund when in fact it should have been recorded as a transfer since all revenue (with the exception of interest income) coming into this Fund comes directly from the General Fund. This overage will be offset by a corresponding increase of $121,660 in the General Fund Carryover (3999000) budgeted amount. 9170 — Transfer to Cultural Center Con. Fund Requires a budget amendment due to the planned transfer of $675,000 of the City's Carryover to the Arts & Cultural Center Construction Fund to assist with funding the construction of the Arts & Cultural Center facility. This overage will be offset by a corresponding increase of $675,000 in the General Fund Carryover (3999000) budgeted amount. Capital Outlay — (- $35, 000) "Reallocation" Community Services (8050) 6205 — Government Center Improvements Requires a budget amendment of $210,000 due to the decision to replace both chillers at the Government Center simultaneously rather than one in FY 2009/10 and the other in FY 2010/11 as originally planned and budgeted. This decision was based on the recommendation of our consulting engineers to ensure that both Chillers would be installed by the same company, have the same warranty and be eligible for an FPL rebate. Non - Departmental (8090) 6999 — Capital Reserve The overage described above related to the Chillers as well as the Overtime under Public Safety will be offset by a corresponding decrease of $245,000 in the General Fund Capital Reserve (6999) budgeted funds. Park Development Fund — (170) — $0 Net Change 7001 - Transfer to Arts Center Construction Fund — $ 300.000 "Reallocation" Requires a budget amendment due to the planned transfer of funds to the Arts & Cultural Center Construction Fund to assist with funding the Park - related Improvements at the Arts & Cultural Center facility. This overage will be offset by reappropriating the budgetary savings of $97,098 in the Veterans Park Modification (6206) and the $202,902 budgeted Capital Reserve (6999). F M L C 1999 Debt Service Fund — (230) — $10,905,000 The following budget amendment is due to the refinancing of the original 1999 F M L C Loan with a Bank of America Bank Loan in September of 2010. You will recall that this transaction resulted in a more than $1.1 M NPV savings over the life of the loan. 3 0100 — Payment to Refund Bond Escrow Requires a budget amendment in the amount of $10,321,560 due to the planned refinancing in September 2010 of the original 1999 loan. This overage will be offset by the receipt of $10,385,000 in new debt proceeds (3850100). 7130 — Principal Requires a budget amendment of $520,000 due to the Bank's requirement to escrow the April 1, 2011 Principal payment in September 2010. This overage will be offset by a Transfer from the General Fund, (see related explanation under 9123 — Transfer to Debt Service Fund — 1999). 7330 — Other Debt Service Costs Requires a budget amendment of $63,440 due to the payment of closing costs associated with the refinancing. This overage will be offset by the receipt of new debt proceeds (3850100). Capital Construction Fund — Arts & Cultural Center Construction — (391) — $3,840,174 The following budget amendment is primarily due to the "nature, timing and recognition" of revenues and expenditures as it relates to the construction of the Arts & Cultural Center facility. The budget for this capital project fund was originally adopted in FY 2008109, whereas the actual revenue and expenditures were received and incurred, respectively in both FY 2008109 and FY 2009110. The primary effect of this amendment will be to reappropriate revenues and expenditures so that the related budgets appear in the same fiscal year as when they were actually recognizedlincurred. 6308 — Arts & Cultural Ctr. Construction — $3,840,174 Requires a budget amendment to primarily reapproriate expenditures due to the "nature, timing and recognition" of such expenditures as compared to the budget as described above. The reappropriation of budgeted expenditures will be covered by a combination of a reappropriation and transfer of the following revenue sources: • The reappropriation of $2,053,195 in Arts & Cultural Center Intergovernmental Revenues (County GOB funds that were budgeted in the prior year but received in the current year). • A transfer from the General Fund in the amount of $675,000 from the City's General Fund Carryover as explained under General Fund Non - Departmental — Transfers. • A transfer from the Park Development Fund in the amount of $300,000 as explained under the Park Development Fund. • The reappropriation of $811,979 in Arts & Cultural Center Capital Construction Fund Carryover. The budget amendments outlined above, are expected to have little to no impact on the FY 2009/10 overall budget or carryover that was utilized in the preparation of the FY 2010/11 budget. Based on this analysis, I recommend approval of the attached Ordinance. 4 ORDINANCE NO. 2011- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009 -17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2009/2010 FISCAL YEAR BY REVISING THE 2009/2010 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 2009/2010 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. 2009 -17, which Ordinance adopted a budget for the 2009/2010 fiscal year, by revising the 2009/2010 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. 2011 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, 2009. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 9 day of November, 2010 'r� Ordinance No. 2011 Page 3 PASSED AND ADOPTED on second reading this day of January, 2011. SUSAN GOTTLIEB, MAYOR TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 3 CITY OF AVENTURA G� .. L FINp 0 FY 2009110 BUDGET AMENDMENT REVENUES 3125200 Section 185 Premium Tax 3221000 Building Permits 3542000 Red Light Violations 3999000 Carryover Total Revenue TOTAL AMENDMENTS - REVENUE EXPENDITURES COMMUNITY DEVELOPMENT (4001) CONTRACTUAL SERVICES 3101 Building Inspection Services 3190 Prof. Services Total Community Development NON - DEPARTMENTAL - TRANSFERS (9001) TRANSFERS 9118 Transfer to Charter School Fund 9123 Transfer to Debt Service Fund -1999 9124 Transfer to Debt Service Fund - 2000 9170 Transfer to Cultural Center Con. Fund Total Transfers CAPITAL OUTLAY - (80XX) Community Services - 50 -539 6205 Government Center Improvements Non - Departmental - 90 -590 6999 Capital Reserve Total Capital Outlay $ - $ 284,000 $ 284,000 700,000 420,000 1,120,000 400,000 475,000 875,000 16,903,374 1,316,660 18,220,034 $ 18,003,374 $ 2,495,660 $ 20,499,034 $ 2,495,660 $ 480,000 $ 420,000 $ 900,000 200,000 375,000 575,000 $ 680,000 $ 795,000 $ 1,475,000 $ - $ 100,000 $ 100,000 1,347,459 520,000 1,867,459 507,046 121,660 628,706 - 675,000 675,000 $ 1,854,505 $ 1,416,660 $ 3,271,165 $ 165,000 $ 210,000 $ 375,000 16,130,016 (245,000) 15,885,016 $ 16,295,016 $ (35,000) $ 16,260,016 TOTAL AMENDMENTS - EXPENDITURES $ 2,495,660 PUBLIC SAFETY (2001) PERSONAL SERVICES 1401 Overtime $ 515,000 $ 35,000 $ 550,000 2201 Pension 1,416,766 284,000 1,700,766 Total Public Safety $ 1,931,766 $ 319,000 $ 2,250,766 CITY OF AVENTURA PACK Q(ELOPMENT.UNQ "1711 FY 2009110 BUDGET AMENDMENT EXPENDITURES TRANSFERS 7001 Transfer to Arts Center Con. Fund Total Transfers TOTAL AMENDMENTS - EXPENDITURES $ - $ 300,000 $ 300,000 $ - $ 300,000 $ 300,000 CITY OF AVENTURA M L C 1995 ©EB? SERVICE PUN 230 FY 2009 /10 BUDGET AMENDMENT REVENUES TOTAL AMENDMENTS - REVENUE EXPENDITURES DEBT SERVICE Non - Departmental - 590 0100 Payment to Refund Bond Escrow 7130 Principal 7330 Other Debt Service Costs Total $ 10,905,000 $ - $ 10,321,560 $ 10,321,560 515,000 520,000 1,035,000 20,000 63,440 83,440 $ 535,000 $ 10,905,000 $ 11,440,000 TOTAL AMENDMENTS - EXPENDITURES $ 10,905,000 CAPITAL OUTLAY 6206 Veterans Park Modifications $ 288,028 $ (97,098) $ 190,930 6999 Capital Reserve 202,902 (202,902) - Total Capital Outlay $ 490,930 $ (300,000) $ 190,930 3811001 Transfer from General Fund $ 1,347,459 $ 520,000 $ 1,867,459 3850100 Debt Proceeds from Refunding - 10,385,000 10,385,000 Total $ 1,347,459 $ 10,905,000 $ 12,252,459 CITY OF AVENTURA U.LTROWtl!Tf3Ut�tC 3 FY 2009110 BUDGET AMENDMENT 3383800 Intergovernmental Revenue 3811001 Transfer from General Fund 3819117 Transfer from Park Dev. Fund 3990000 Carryover Total Revenue REVENUES TOTAL AMENDMENTS - REVENUE CAPITAL OUTLAY Arts Center 70 -575 6308 Arts & Cultural Ctr. Construction $ - $ 2,053,195 $ 2,053,195 675,000 675,000 300,000 300,000 864,859 811,979 1,676,838 $ 864,859 $ 3,840,174 $ 4,705,033 $ 3,840,174 EXPENDITURES TOTAL AMENDMENTS - EXPENDITURES $ 864,859 $ 3,840,174 $ 4,705,033 $ 3,840,174 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC r C City Manager BY: Joanne Carr, Al " I Community Development Director DATE: September 16, 2010 SUBJECT: Petition of the City of Aventura to Amend the City of Aventura Comprehensive Plan by amending the Capital Improvements to adopt by reference the City's 2010/11 — 2014/15 Improvement Program (01- CPA -10) Element Capital October 5, 2010 Local Planning Agency Meeting Agenda Item `I October 5, 2010 City Commission Meeting Agenda Item November 9, 2010 City Commission Meeting Agenda Item0 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 2010/11 — 2014/15 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 2010/11— 2014/15 Capital Improvement Program approved by the City Commission on July 6, 2010 through Resolution No. 2010 -43. THE AMENDMENT The proposed amendment is to Policy 4.19 of the Capital Improvements Element of the Comprehensive Plan, as follows': "Policy 4.19 The City of Aventura 2009AG 2013A 2010/11 — 2014/15 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 2009/10 2n� 2010/11 — 2014/15 Capital Improvement Program is hereby adopted by reference as part of the Capital Improvements Element." ANALYSIS 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. Underlined text indicates insertions. Stricken - through text indicates deletions. 2 ORDINANCE NO. 2010 -13 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 2010111- 2014115 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 October 5, 2010, 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 2010/11 — 2014/15 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 2010/11 - 2014/15 Capital Improvement Program. Ordinance No. 2010 -13 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': "Policy 4.19 The City of Aventura 2nno�0- 201X!4 2010/11 — 2014/15 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 200WIG 201 2010/11 — 2014/15 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. 2010 -13 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 Holzerg, who moved its adoption on first reading. This motion was seconded by Vice Mayor Sternand upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED on first reading this 5 th day of October, 2010. Ordinance No. 2010 -13 Page 4 PASSED AND ADOPTED on second reading this 9 th day of November, 2010. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Z JIM W r 'all U. _ 0 V V In C hi E N C Lp C M m a Z N c o- O i= > m d r r G 0 fin V v ° 3 W Ln to W M m m mo E Z a E o O to N O a E AM OLS 0 T_ 0 � �/ V N CD t.4 0 t� ♦ pool � V W CL THE MIAMI HERALD I M- 1,11erakLumn WORLD At FRIDAY, SEPTEMBER 24,2010 1 19A IRAQ Fallujah raid highlights mistrust in Iraq , ,The official account of what happened during a joint US. -Iraqi raid in Fallujah recently is still under wraps as Iraqi authorities opened a probe into the attack. BY BRIAR MURPHY AND -ASSIM ABBUL -IAHRA Associated Res, BAGEDIAD —Fora few hours last week, a part of Faaujab wu a flashback to the depths of the Iraq war when insurgents ruled the city and its streets were shooting gage ' . During n afternoon raid, gunmen exchanged fire with American and Iraqi co ande, pan- icked civilians nm for era or grabbecia —pons of their own. In the end, ring Council leaders "partnered counterterror" claimedthat the Iraqi operation under the wanders did not inform authority of the Iraqi gov- them advance and ernment. "Since the Iraqi accused i Iraqi -led forces of government has opened m reckless tactics that put investigation late the oper- crvitians in the crossfire ation, it would be inappro- A statement by Fall' priate for us to go into any jah's Municipal Council further details," he said in called the raid a "terrorist an e-mail to the AP. operation Iraqi security officials the deep barred of this city said the target of the raid and its people" — a ref - was a top al Qaeda opma- ce to the simmering ills- rive known as Abu Ibra- trust between Iraq's Sunnis him, who is believed to and the Shiite majority that have taken over saran stra- took power after the U.S.- tegic decisions for insur- led invasion gems following m airoike Sheik Bane M ititin, a in April that killed two sen iorAwakimingCouncil at Qaeda in Iraq Ieader. leader in Fallujah, cow- A joint team — Iraqi plained that Iraqi forces pohceand army and Amer- didn't respect Fallujah scan special forces — was from both tribal and legal" quickly put together under codes by allegedly failing Iraqi command after a tip the death came included at a- rawrusr [o bring local security that Ibrahim was hiding m least four suspected ivsar- PROMSSIWt: Mounters carry the coffins of people killed during a joint € orces and clan leaders a residential area ofsmth- gents and seven civilians U.5 -Iraqi raid in Fallujah on Sept. 15. The civilian death toll remains unclear. mIn the lo on the raid. sm Fallujah, the officials — perhaps more — during The U.S. mil lorry pro- d The unit came under n attempt to catch an vided special forces along- heavy fire as it neared the alleged key tactician for high risk, to assist Iraqi could chip away at tracts unable to form a crew gov- side the Iraqi units, butde- suspected hide -out and m Q_it. in Iraq commanders who are security networks. That ernment. tails have not been was pinned down for about The target got away. struggling with shortfalls could meav calls by Iraq The Sunni anger was disclosed. 90 minutes. The civilian The official reckoning in areas such as common- lit wider U.S. military sup- particularly biting after Col. Barry Johnson, a death toll remains unclear of what happened Sept. 15 do -styli: assaults and intel- port even as the Pentagon last week's Fatlujah fight. U.S, military spokesman in and could account for the is still under wraps. Iraqi ligence gathering. seeks to complete its pull- Sunni officials and Awak- Baghdad, described it as a slow disclosures by Iraqis. authorities have opened an on the military side, out by the end of next year. investigation and the US. Fallujah represents the Sun officials in Fallu- military declined to give worries of an insurgent jah — and across the Sun- 'I details on. the inquest is rebound. It was once a ni- dominated Anb ar prov- completed on the raid — stronghold of Sunni mili- inee — increasingly allege �l oppoi the first major tams — led by al Qaeda in that they are being side - some of m ground fighting for U.S. Iraq — and the scene of lined by the Shute -led troops since President Bar, intense block -by -block authorities in Baghdad. It New AccepHall Iatermatlsaal Shallots Degree Programs ack Obama declared an combat with U.S. troops in The complaints often ring t s M these wbe ring f a AA tkeSchool Education end to combat operations 2004 before local militias loudest from the Sunni Aporurmrver my a BA Pro-School Education more than three weeks joined the fight and sheiks and their militia far tar'sDe9ai.Pre-School t libs w ors J a dual language EducaOOn ago. uprooted militant Lases. flow, sometimes known as But accounts by Iraqi There are signs, how- Awakening Councils, that (E glish/Spenuh)imVU'ction- a B.A. Graphic Design security officials and oth- ever, that insurgents are joined the U.S.-led tight at a B.A.Buainess s s to The Ass oci ated attempting to claw back in the height of the in ur- Diploma programs ► asses weekdays and Saturdays Vocational p y I yeas ago Press lay bare the rifts that the city they once con - gmrc. a Introductory am a Care Highly Highly qualified professor still plague Iraqi society — trolled about 40 miles west The Sumi suspicions a Finmicing optima available 'Rab,ag. Program including deep suspicion of Baghdad On Sunday, a also have received a boost between Sunnis and Shi- suicide car bomber struck from Iraq s political hmbo a Flord. Child Coe P"e'sn"' His; and the resiliency ofan an Iraqi army patrol in the since March elections. A credential Program insurgency that remains city's busy commercial drs Sunni-backed coalition led - g{ unbeaten and could yet trice, killing one soldier by former Prime Minister draw American troops into and a least four civilians. Ayad Allowi mart- ly jo&6 mari3 var8a8 Ammdked M ` m ore combat. Fallujah also under defeated a bloc headed by U N I V E Q,51 T Y The raid also shows that scores the Sunni- Shiite dis- Shiite Prime Minister a ass - a so t- ees.rsa -PesD et U.S. forces can still be put cord that ripples through Nouri al Maliki, but em BTW6.PaIm7hwe. Pevdaoke PVCa ET,s30zs ,{�j on the (root tines, and at all levels in Iraq —and iMghtivg has left Iraq + www.)AfyD.a.ee CITY OF AVENTURA NOTICE OF HEARING OF a�tl,r LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF COMPREHENSIVE PLAN Public Notice is hereby given that the Aventura City Commission, sitting as the City of Avw tum Local Planning Agency will meet in a public hearing on Tuesday, October 5, 2010 at 690 p.m. to review and recommend adoption of the following Ordinance to the City Commission: AN ORDNANCE 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 CRY OF AVENTURA 2010/11 - 20'14/15 CAPTAL IMPROVEMENT PROGRAM: PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAAk AND PROVIDING FOR AN EFFECTIVE DATE Immediately following the Local Planning Agency meeting, the City Commission of the City of Aventura, as the governing body, will consider on first reading at a public hearing the Amendment to the Comprehensive Plan by Ordinance described above and will again consider the above described Ordinance for adoption after second reading on Tuesday, November 9, 2010. The above described Public Hearings will all be held in the City Commission ChamberidClyofAventune Government Center, i 192W West Country Club Dare, Aventura, Florida, 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk at the above address. Interested parties may appear at the Public Hearings and be heard with respect to the proposed Ordinance. In accordance with the Americans with Disabilities Act of 1990, all patsonswho are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, (305) 468 -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 arecord of the proceedings and, for such purpose, may treed 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. septernber 24 o m octobera EXCEPTIONAL DAYS IXCEPnONAL PFIICES FOR ALL YOUR DECORATING DREAMS H rawa �awm,aw .. msµ- rase- waPe�aavnaumo.� Jea ' re.�ao,s,o, r.00m.vm�am Design for you I Teresa M. Soroka, MMC, City Clerk