03-01-2011Susan Gottlie Mayor Th e C ity ®f City Susan b, Eric M. Soroka, ICMA -CM
Zev Auerbach A l�TeiftfUr" City
Bo
Bob Diamond Teresa M. Soroka, MMC
Teri Holzberg
Billy Joel Gbt Attorney
Michael Stern Weiss Scrota Hellman
Luz Urbiez Weinberg Pastoriza Cole & Boniske
MCH1
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE.
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS: None.
5. CONSENT AGENDA: Matters included under the Consent Agenda are self- explanatory
and are not expected to require discussion or review. Items will be enacted by one motion.
If discussion is desired by any member of the Commission, that item must be removed
from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
February 1, 2011 Commission Meeting
February 17, 2011 Special Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN MYSTIC POINTE MASTER
ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER
INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN
THE CITY OF AVENTURA AND THE CITY OF SUNNY ISLES
BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
March 1, 2011
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS
OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN NORTH TOWER AT THE POINT
CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMII+IISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. I1 -02 -14-2, NE 29 AVENUE, NE 187 ST
AND NE 34 AVENUE MILLING AND RESURFACING
IMPROVEMENTS, TO H &R PAVING, INC. AT THE BID PRICE OF
$247,229; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT
THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN AVENTURA LAKES ASSOCIATION AND
THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER
INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN
THE CITY OF AVENTURA AND THE TOWN OF SURFSIDE FOR
LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER
INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN
THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI
2
March 1, 2011
BEACH FOR LAW ENFORCEMENT ACTIVITIES; AU 1HORIZ rG
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
J. MOTION TO APPROVE PRESENTATION OF KEY TO THE CITY TO
JUDY DRUCKER
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING — PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
PROVISIONS OF THE POLICE OFFICERS' RETIREMENT PLAN TO
COMPLY WITH THE INTERNAL REVENUE CODE; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READING/PUBLIC HEARING: None.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
WORKSHOP MEETING MARCH 24, 2011 9AM 5 TH FLR.EX.CONF.ROOM
COMMISSION MEETING APRIL 5, 2011 6PM COMMISSION CHAMBER
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305- 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may
be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission
with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
anneal 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
305466 -8901.
3
r :
MINUTES
CITY COMMISSION MEETING
FEBRUARY 1, 20116 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Zev Auerbach, Billy Joel, Michael Stern,
Luz Urbaez Weinberg, Vice Mayor Bob Diamond, Mayor Gottlieb, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. Commissioner
Teri Holzberg was absent due to illness. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Aventura Turnberry Jewish Center Chairman
of the Board William Landa, Executive Director Amir Barone, President Lawrence
Herrup and Rabbi Jonathan Berkin.
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: Mr. Soroka
requested that item 5 -G be addressed under item 9 in order to open a public hearing as
prescribed by law.
4. SPECIAL PRESENTATIONS: Mayor Gottlieb presented a proclamation to the
Aventura Turnberry Jewish Center in honor of its 20 anniversary. Mr. Soroka
presented a ten -year service recognition to Finance Department employee Zina
Strachan.
5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 5 -J. A motion to
approve the remainder of the Consent Agenda was offered by Commissioner Joel,
seconded by Commissioner Auerbach, passed unanimously and the following action
was taken:
A. APPROVAL OF MINUTES:
January 4, 2011 Commission Meeting
January 20, 2011 Special Meeting
January 20, 2011 Workshop Meeting
B. Resolution No. 2011 -09 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN DELVISTA TOWERS CONDOMINIUM
ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
C. Resolution No. 2011 -10 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.
D. Resolution No. 2011 -11 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE VILLAGE OF BAL HARBOUR FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. Resolution No. 2011 -12 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF NORTH MIAMI FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2011 -13 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN BONAVIDA CONDOMINIUM ASSOCIATION
AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
G. Addressed as item 9.
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H. Resolution No. 2011 -15 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2011
LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
I. Resolution No. 2011 -16 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING PREVENTATIVE MEASURES
TO FIGHT OBESITY AS SET FORTH BY FIRST LADY OF THE UNITED
STATES OF AMERICA MICHELLE OBAMA IN THE LET'S MOVE
CAMPAIGN; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
K. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $6,000 FOR
THE LEO FOUNDATION FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
The following item was removed from the Consent Agenda and addressed
separately:
J. Mr. Wolpin read the following resolution by title:
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER
AS PROVIDED BY THE CHARTER REVISION COMMISSION, IN
ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER;
CONSISTING OF PROPOSED CHARTER AMENDMENTS
CONCERNING PARAGRAPH (C) " LIMITATIONS ON LENGTHS OF
SERVICE" OF SECTION 2.03 "ELECTION AND TERM OF OFFICE" OF
THE CITY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE
FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL
ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY
CHARTER TO BE HELD ON TUESDAY, THE 12 DAY OF APRIL,
2011; PROVIDING NOTICE OF ELECTION; PROVIDING FOR MAIL
3
BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Wolpin then explained the Resolution initiated by the Charter Review
Commission. A motion for approval was offered by Vice Mayor Diamond,
seconded by Commissioner Weinberg, unanimously passed and
Resolution No. 2011 -17 was adopted.
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.
Mr. Wolpin read the following resolution by title and invoked the quasi - judicial
procedures. Ex parte communications, if any, were disclosed by the
Commission. Those offering testimony in this hearing was administered the oath
by Mrs. Soroka.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE
SALE OF BEER AND WINE AT THE TARGET STORE LOCATED AT 21265
BISCAYNE BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE
SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE
OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4 -2(a) AND
SECTION 4 -2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Stern. Community Development Director Joanne Carr addressed
the Commission and entered the staff report into the record. Mayor Gottlieb
opened the public hearing. The following individuals addressed the Commission:
Lacey McFadden, representative of the applicant, and Bob Burroughs. There
being no further speakers, the public hearing was closed. The motion for
approval passed 5 -1, with Commissioner Auerbach voting no and Resolution
No. 2011 -18 was adopted.
7. ORDINANCES: FIRST READING /PUBLIC INPUT: None.
8. ORDINANCES: SECOND READING /PUBLIC HEARING: None.
4
9. RESOLUTIONS — PUBLIC HEARING: Mr. Wolpin read the following resolution
by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2006 -22
WHICH PROVIDED A FEE SCHEDULE FOR ENGINEERING AND
PUBLIC WORKS INSPECTION PERMIT AND REVIEW; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and seconded
by Vice Mayor Diamond. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously and Resolution No. 2011 -14 was adopted.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Ariela Asceline, Krop High School, Howard Weinberg,
Villages by the Bay.
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 6:55 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.
5
4:
tt s
MINUTES
CITY COMMISSION
WORKSHOP MEETING
FEBRUARY 17, 2011 9 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL The meeting was called to order at 9:00 a.m. by
Mayor Susan Gottlieb. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, Mayor Gottlieb,
City Manager Eric M. Soroka, City Clerk M. Teresa Soroka and City Attorney Alan
Gabriel. As a quorum was determined to be present, the meeting commenced.
(Item #2 addressed first)
1. NLC PRESCRIPTION DISCOUNT CARD PROGRAM (City Manager): Mr. Soroka
explained the program established by the National League of Cities to assist
residents who are without health insurance or limited prescription coverage.
CITY MANAGER SUMMARY: Consensus to participate.
2. COUNTY LIBRARY BRANCH CONSTRUCTION UPDATE (City Manager):
Representatives of Miami -Dade County presented a power point presentation
showing the design and construction of the proposed facility. Construction is set to
begin July 2011 and proposed opening is January 2013.
CITY MANAGER SUMMARY: Commission requested that any efforts possible be
made to expedite construction.
3. KEY TO THE CITY REQUEST (Mayor Gottlieb): Mayor Gottlieb discussed
presenting a Key to the City to patron of the arts Judy Drucker during the March
Citizens Interested in the Arts luncheon.
CITY MANAGER SUMMARY: Consensus to approve.
4. 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 9:45 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, Cit na er
DATE: February 2, 2011
SUBJECT: Traffic Control Jurisdiction Agree nt — Mystic Pointe Master
Association
March 1, 2011 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with Mystic Pointe Master Association, Inc. to
provide traffic control jurisdiction by our Police Department over the private roads
adjacent to the subject property. The Agreement will increase the visibility of the police
force and enhance traffic enforcement.
BACKGROUND
The previous Traffic Control Jurisdiction Agreement has been updated to reflect
changes in State law and police procedures. Therefore, we have requested all
condominiums or homeowners associations to enter into the new agreement attached
hereto.
In our continued efforts to provide improved police services to the community, we have
initiated a program in the past that allows a condominium or homeowners associations
to enter into an Agreement with the City to provide traffic control jurisdiction over a
private roadway within the development. This permits the Police Department to
conduct traffic enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
Memo to City Commission
Page 2
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1722 -11
IF
ON THE BAY
MYSTIC POINTE MASTER ASSOCIATION
December 16, 2010
City Of Aventura Police Department
Police Chief- Steven Steinberg
19200 West Country Club Drive
Aventura, Florida 33180
Dear Chief Steinberg:
Attached herewith please find the duly executed Traffic Control Jurisdiction Agreement
for the Mystic Pointe Master Association.
We have agreed to the changes that have been made and look forward to a continued
cooperative agreement with the City of Aventura Police Department.
Please be so kind as to send a copy of the finalized agreement to our office upon the
Commissions approval.
Sincerely
Mystic P to Master Association
ern Tirone
For the Board of Directors
3595 Mystic Pointe Drive, Aventura, Florida 33180 (305) 932 -9600 • Fax (305) 931 -4297 • EMail master3595 @aol_com
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
MYSTIC POINTE MASTER ASSOCIATION AND THE CITY
OF AVENTURA; 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 hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Mystic Pointe Master Association and
the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3 . This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 1 st day of March, 2011.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and
entered into this
Y
b and between � W& �n ff&�
day of . 20LD
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
ity .
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as foilows:
of Dade County, Florida, and commonly known as
(the "Private goads ").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to e xercise such traffic control jurisdiction, pursuant to Florida
State Statutes 316.006.
NOW, THEREFORE, for Ten and No1100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as fo!lows:
1 . Recit als. T he foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services The City agrees to exercise traffic
control iu:risdiction over the Private Roads in accordance with the following terms and
conditions.
(a ) C'V shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" attached hereto, subject to availability.
(?,
In exercising such traffic control jurisdiction, the City shall enforce the
Traffic laws gen.era'l y appiicab e to streets and highways under the City's original
jurisdiction, which are similar a nature to the Private Roads.
The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall '--e in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under €aw, and nothing herein shall be construed to limit or remove any
such jurisdict oa€ 2.uthority the City agreeing to continue to provide such other police
services as are otherwise provided under law.
(d} ire addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A ", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 a -low for
exercising such discretionary additional traffic control jurisdiction, although the City shall
be entitled to Yetain al! revenues from traffic citations issued by the City for violations of
traffic la , Als sl y na the Pr; .rate Roads, in accordance with law.
2
(e) iMothing in this Agreement shall require, authorize or permit the City to
exercise any conrro! or responsibility concerning the installation or maintenance of traffic
control des - I--
u. Cornoensation.
(a) Rou ne Patroi Activity - Except as provided in subsection (b), Owner
s "all not be responsible to pay the City any compensation for
performing routine patrol activity pursuant to this Agreement. Routine
Patroe Activity sha':! mean a !eve! of patrol activity equivalent to that
which is randomly provided on public roads. The City shall be
entitled to etain all revenues from traffic citations issued by the City
for vio!ation of traffic laws along the Private Roads as provided by law.
This shall not preclude the assessment of impact fees or other fees
provided by law.
(b) Extended Patrol Activity - Owner shall compensate City for extended
pa:irol activities conducted by the City on the Private Roads at
DAmer's request in accordance with the rate schedule enumerated in
Exhibit "B ". Extended Patrol Activity shall mean any patrol outside of
the scope cf the City's routine patrol of the Private Roads requested
by the Owner that requires more than one (1) hour additional patrol
time within any twenty -four hour period.
4. Liabilit Not increased. Neither the existence of this Agreement nor
ar ythi a core :a: ned hercin shall give rise to any greater liability on the part of the City
3
than the ;amity weal; ordi narily be subjected to when providing its normal police services
as routinely prc throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the dafie hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
party _upon viritter notice to the other party given at least thirty (30) days prior to the
expiration of the then - applicable one (1) year term.
o. E ntire Acr: ement T his Agreement constitutes the entire understanding
and agreement of the parties with respect to the subject matter - hereof and may not be
changed, altered o- modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
1. Governi Law. This Agreement shall be governed by and construed in
accordance. wn the laws cf the Sate of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11
Judicial Circuit in and for Miami -Dade County, Florida. The parties hereby voluntarily
waive any right to trial by jury for any litigation between the parties which arises out of
this Agreement or the provision of law enforcement services to Owner hereunder.
8. Irdemnificaion and Insurance. Owner agrees to defend, indemnify and
hold the Ci,. %1 harmless from any claim, demand, suit, loss, cost, expense or damage
which may 'De asserted, claim red or recovered against or from the City by reason of any
prcperty danna,ge or bodily i r u' �, is :chiding death, sustained by a ny person
whor, isoever, 4,%lhich said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in anv way connected with this Agreement, and regardless of
El
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered OWNER
In the presen f: m
By Lj lke OVI—It'
CITY OF AVENTURA, a Florida
Municipal corporation
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Eric M. Soroka, ICMA -CM
City Manager
Approved as to Legal Sufficiency
City Attorney
Teresa M. &Diroka, HIM,\" Eric M. Soroka, ICMA-CM
City Clerk City Manager
Approved as to Legal Sufficiency
City Attorney
EXHIBIT "A"
Patrol
Averitura Police ' fficers in marked police vehicles or motorcycles may patrol the Private Roads
on a random basis each day. 'Knenever possible. Traffic complaints made by occupants of the
property, will be responded to and handled as a call for service, without charge to the Owner.
Traffic complaints that require Extended Patrol Activity, where the cost of service will be billed
to the Owner, will only be conducted with prior approval of the Owner. When requested by the
Owner to perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit "B".
7
EXHIBIT fIB71
Compensation
The C ty will bill the Owner $25.00 per hour for each officer requested to perform the Extended
Patrol Activity.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT
City Commission
Eric M. Soroka, ICMA -CM, Cit), Manag
February 7, 2011
Law Enforcement Mutual Aid AgNgment Between the City and the
City of Sunny Isles Beach
March 1, 2011 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of Sunny Isles
Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large -scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back -ups
to emergency and in- process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1724 -11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF SUNNY ISLES BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1 . The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of Sunny Isles Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and 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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 1 st day of March, 2011.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MUTUAL AID AGREEMENT
Between the City of Sunny Isles Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the City of Sunny Isles
Beach, Florida, and the City of Aventura, Florida, to ensure the public safety of
their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and manmade conditions which
are, or are likely to be, beyond the control of the services, personnel, equipment
or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual
Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Sunny Isles Beach,
subdivision of the State of Florida, and the undersigned representatives, in
consideration of mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement situations, this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented at
any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
City of Sunny Isles Beach Police Department or the participating
municipal police department.
C. Agency Head: Either the Chief of the City of Sunny Isles Beach
Police Department, or the Chief's designees, and the Chief of
Police of the participating municipal police department, or the
Chief's designees.
D. Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting party
in addressing the situation which caused the request; provided,
however, that no party shall be required to deplete, unreasonably,
its own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are actually
providing aid outside of the jurisdictional limits of the employing
municipality pursuant to a request for aid made in accordance with
this Agreement, shall pursuant to the provisions of Chapter 23,
Florida Statutes, have the same powers, duties, rights, privileges,
and immunities as if they were performing their duties in the
political subdivision in which they are regularly employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equipment,
or facilities pursuant to the provisions of this Agreement shall bear
any loss or damage to same and shall pay any and all expenses
incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D. All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary, death,
and other benefits which apply to the activity of such officers,
agents, or employees of any such agency, when performing their
respective functions within the territorial limits of their respective
agencies, shall apply to them to the same degree, manner, and
extent while engaged in the performance of their functions and
duties extraterritorial under the provisions of this Mutual Aid
Agreement. The provision of this Agreement shall apply with equal
effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2016, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10. Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this
day of , 20
te r'
Norman S. Edelcup'
Mayor, 7
Cityp *nny lies Beach, FL
Eric M. Soroka
City Manager,
City of Aventura, FI
0
Jane A. Hines I
City Clerk,
City of Sun
les Beach, Fl.
ATTEST:
Teresa M. Soroka
City Clerk,
City of Aventura, Fl.
D AS TO FORM AND LEGAL SUFFICIENCY:
of Sunny Isles Beach, Fl.
City Attorney,
City of Aventura, Fl.
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating law enforcement
agencies shall be considered to be operating under the provisions of the Mutual
Aid Agreement when:
participating in law enforcement activities that are preplanned
and approved by each respective agency head, or
appropriately dispatched in response to a request for assistance
from the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the City of Sunny Isles Beach, Florida, and the City of
Aventura, Florida, it is hereby declared that the following list comprises the
circumstances and conditions under which mutual aid may be requested and
rendered regarding police operations pursuant to the Agreement. Said list may
be amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. Joint multi - jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes
3. Any natural disaster
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large -scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures
5. Terrorist activities including, but not limited to, acts of sabotage
6. Escapes from or disturbances within detention facilities
7. Hostage and barricaded subject situations, and aircraft piracy
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in- progress calls, pursuits, and missing persons calls
9. Enemy attack
10. Transportation of evidence requiring security
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions
12. Security and escort duties for dignitaries
13. Emergency situations in which one agency cannot perform its functional
objective
14. Incidents requiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE:
Dwight P. Snyder
Interim Chief of Police.
Sunny Isles Beach, Florida
DATE:
-- Sfgve Steinberg
Chief of Police
Aventura, Florida
ATTEST: p a' ATTEST:
Hafis Oyinot, V
City A rney, City Attorney,
Sunto Isles Beach, Florida. Aventura, Florida
JOINT DECLARATION AMENDMENT UNDER
CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT AND THE CITY OF
AVENTURA POLICE DEPARTMENT'S
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of , 20 , to include and permit concurrent marine patrol
related jurisdiction between agencies on the waters, waterways, canals,
channels, rivers, lakes, streams, and any and all other bodies of waters, including
the Intracoastal Waterway (ICW) that fall within either jurisdiction at this or any
future time during the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the City of Sunny Isles Beach
and the City of Aventura to the following conditions of concurrent marine patrol
related jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by
the agency making the initial contact. Any follow -up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50 -50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of Sunny
Isles Beach Police Department and the City of Aventura Police Department.
Date
i
Nc�t`man S. Edelcup
MCayor
City of Sunny Isles Beach, Florida
4
Dwight `P Snyder
Interim Chief of Police
City of Sunny Isles Beach, Florida
Date
Eric M. Soroka
City Manager
City of Aventura, Fl.
S eve Steinberg
Chief of Police
City of Aventura, Fl.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City M a er
DATE: February 7, 2011
SUBJECT: Resolution Declaring Equipment S s
March 1, 2011 Commission Meeting Agenda Item 0
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2 -258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1725 -11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000 -09 provides that all City -owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1 . Recitals Adopted The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade -in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5 . This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 1 St day of March, 2011.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. S
goka, City Manager
FROM: mberg, Chie�cyf ol ice
DATE: 8 February 2011
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Please surplus the attached Police Department property:
1 KEL system unit
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO: Eric M. Soroka, ICMA -CM, CiACmm
FROM: Robert M. Sherman, Director ity Servi
BY: Alan J. Levine, Public Works Operatidnd Manager
DATE: February 18, 2011
SUBJECT: Surplus Property
Please have the City property listed below declared as Surplus Property as this item
has become cost prohibited to maintain and inadequate for department purposes:
2004 GMC Envoy Identification Number 1GKDS13SX42406770
RMS /gf
RMS11006
CITY OF "ENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO: Eric M. Soroka, ICMA -CM, City Manager
FROM: Robert M. Sherman, Director of Community Service
BY: Kimberly Merchant, Community Recreation Center Manager
DATE: February 18, 2011
SUBJECT: Surplus Property
Please have the City property listed below declared as Surplus Property as these items
are no longer in use by the Community Services Department:
Forty 2003 Stackable Hon Chairs — Model Number 4031
RMS /gf
RMS11007
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City a r
DATE: February 10, 2011
SUBJECT: Traffic Control Jurisdiction Agreement – North Tower at the Point
Condominium
March, 2011 City Commission Meeting Agenda Item 5
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with North Tower at the Point Condominium to
provide traffic control jurisdiction by our Police Department over the private roads
adjacent to the subject property. The Agreement will increase the visibility of the police
force and enhance traffic enforcement.
BACKGROUND
The previous Traffic Control Jurisdiction Agreement has been updated to reflect
changes in State law and police procedures. Therefore, we have requested all
condominiums or homeowners associations to enter into the new agreement attached
hereto.
In our continued efforts to provide improved police services to the community, we have
initiated a program in the past that allows a condominium or homeowners associations
to enter into an Agreement with the City to provide traffic control jurisdiction over a
private roadway within the development. This permits the Police Department to
conduct traffic enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
Memo to City Commission
Page 2
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1726 -11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
NORTH TOWER AT THE POINT CONDOMINIUM
ASSOCIATION AND THE CITY OF AVENTURA;
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 hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between North Tower at the Point Condominium
Association and the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3 . This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
who moved its
_, , and upon
Resolution No. 2011 -
Page 2
PASSED AND ADOPTED this 1 st day of March, 2011.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
»' ' '.F -iC '�' TROL .,1L}rT :SD' TI<: N AGREEMEN ',
1 AGI? ` EE~ AENT is madie and entered into this !'� day of 20 jO
betwee f /vL& J�j�
by an d c?�Ya
- tom c z%r" I s�
(the "C)wner "? and a ;he ate= y as` :��ent�.z�a, rlarida, a Florida municipal corporation (the
ity' ).
RECITALS
A. Owne owls tee simple title to a!I the private roadways within the area
described as fcllows:
Of Dade County, Florida, and commonly known as
(the " Pr a a ate Roads")
S. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
state ctatu ps 316,006.
Nr- 61, THERE-ORE. for Ten and Nol'M Dollars ($ al:a other good and
va!ua'blti co.isideration, the receipt and sufficiency of which are hereby acknowledged,
it r r s.
C�.vz :er and C >�„ agree _. �olla��.l�.
re citals . The fcregoing Recitals are true and correct and are incorporated
herein by j;i .I rF.f ,renUe.
2. Traffic Control Jurisdiction Services The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated cn Exhibit "A" attached hereto, subject to availability.
(b) in exercising such traffic control jurisdiction, the City shall enforce the
traffic laws ; energy lly applicable to streets and highkivays under the City's original
jurisdiction which are similar in nature to the Private Roads.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under ;aw, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise pr ovided under law.
(d) in addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A ", the City shall be entitled to exercise traffic control
Jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretiona ^� additional traffic control jurisdiction, although the. City shall
be entitled "o retain all Mveinues from traffic citations issued by the City for violations of
IL laws alone the Prival:e Roads, in accordance with law.
2
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
contro3 devices.
3. Compensation.
(a) Routine Patroi Activity - Except as provided in subsection (b), Owner
shall not be responsible to pay the City any compensation for
performing routine patrol activity pursuant to this Agreement. Routine
PaUci Activi y shall moan, a level cJ patrol activity equivalent to that
which is randomly provided on public roads. The City shall be
entitled to retain all revenues from traffic citations issued by the City
for violation of traffic laws along the Private Roads as provided by law.
This sha €I not preclude the assessment of impact fees or other fees
provided b y law.
(b) Extended Patrol Activity - Owner shall compensate City for extended
patrol activities conducted by the City on the Private Roads at
Owner's request in accordance with the rate schedule enumerated in
Fxhibit "B ". Extended Patrol Activity shall mean any patrol outside of
the scope of the City's routine patrol of the Private Roads requested
by the Owner that requires more than one (1) hour additional patrol
time within any twenty -four hour period.
4. Liability Not Increased. Neither the existence of this Agreement nor
anything c-ontained herein shall give rise to any greater liability on the part of the City
3
than the City would ordinarily inarily be subjected to when providing its normal orrnai police services
as routine!v Providedi'Xioughout the Citv.
errin. Thie " =m of i`i j-,greement shall be one (1) year commencing on
the dat he; and ending one (1' year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (I P year term.
A T his Agi- erm nit cc, the entire unders - nding
and agreement of the parties with respect to the subject matter - hereof and may not be
changed, altered' or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
7, Cove- 6r{g_LI. ,% .,. This Agreement shall be governed by and construed in
accordance w'Ith 'th�e laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 1 1 th
judicial C°.muit in and for Miami-Dade County, Florida. The parties hereby voluntarily
waive any right to trial by jury for any litigation between the parties which arises out of
this Agreement or the provision of law enforcement services to Owner hereunder.
81. Indemnification and insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever. which said cia.im, demand, suit, loss, cost, expense or dsarnage arises out
of or is incidental to or in any way connected with this Agreement, and regardiess of
4
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in pare by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single lirnit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
Such insurance policy shail Name the City and Uy's o; icers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days ;prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
FXE'CUTEU as of the date first above written in several counterparts, each of
which steall be deemed an original, but all constituting one Agreement.
Signed, sealed and delive
=l
HERBOW SANTIAGO
NOTARY PUBLIC
STATE OF FLORIDA
Cbunm# DD997821
Expires 9/29/2014
!1 T � E T.
A s.
CITY OF AVENTURA, a Florida
Municipal corporation
By
5
Teresa M Soroka. MMC Eric M. Soroka, ICMA -CM
City Clerk City Manager
Approved as to Legal Sufficiency:
City Attorney
E XIFIB <T "A"
Patrol
Aventura ?olice Officers in wrarked police vehicles or motorcycles may patrol the Private Roads
on a random basis each day. 'Whenever possible, Traffic complaints made by occupants of the
property, wi11 be responded to and handled as a call for service, without charge to the Owner.
Traffic complaints that require Extended Patrol Activity, where the cost of service will be billed
to the Owner, will only be conducted with prior approval of the Owner. When requested by the
Owner to perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit "B".
7
EXHIBIT "Bil
Compensation
The Citv will hill the Owner $25.00 per hour for each officer requested to perform the Extended
Patrol Activity.
r
Eric M. Soroka
City Manager
Steven Steinberg
Chief of Police
A ventu ra Po lice Departm
_ql /Ccc�e�e��ol�c� Jer c'cP
19200 West Country Club Drive ® Aventura, Florida 33180
(365) 466 -8989 Fax (365) 466 -8996
6.
A
17 November 2010
To Whom It May Concern:
This letter is to notify your condominium, organization or business that
effective this date the current Traffic Control Jurisdiction Agreement you
have on file with the Aventura Police Depart is no longer valid.
The agreement has undergone minor revisions and as such a new
agreement must be approved and signed by your condominium,
organization or business. Once your new agreement has been properly
executed, please return it to our Crime Prevention Officer, Ernie Lam_
The new agreement must then be approved by the Aventura City
Commission at the next available commission meeting to be valid. Once
your agreement has been received and Commission approved, our
officers can once again conduct traffic enforcement on your property.
Thank you for your understanding and cooperation in this matter.
Sincerely,
even einberg
Chief of Police
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM,
BY: Antonio F. Tomei, Capital P
DATE: February 17, 2011
�i �anag r
rojec M ager j� z�
SUBJECT: Bid No: 11- 02 -14 -2 — NE 29 Avenue /NE 187 Street and
NE 34 Avenue Milling & Resurfacing Improvements
March 1, 2011 City Commission Meeting Agenda Item 5 F
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 11- 02 -14 -2, NE 29 Avenue /NE 187 Street and NE 34 Avenue Milling &
Resurfacing Improvements to the lowest responsible and responsive bidder, H &R
Paving, Inc. for the price of $247,229. This project is included in the Capital
Improvements Program with a $505,000 budget amount and will be funded by Budget
Line Item Number 001 - 8050 - 541 -6305.
Background
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on February 14, 2011. The City received six (6) bids for this
project. The three (3) lowest bids are as follows:
H &R Paving, Inc.
General Asphalt Co., Inc.
Florida Engineering & Development, Corp.
$247,229.00
$300,420.00
$311,737.45
This Bid allows for milling and resurfacing of asphalt on NE 29 Avenue from NE 191
Street south to NE 187 Street and west to NE 28 CT. In addition, it provides for
milling and resurfacing on NE 34 Avenue from NE 207 Street to NE 213 Street.
Drainage repairs adjacent to NE 28 CT and NE 187 Street are also included in the
bid amount.
If you have any questions or need any additional information, please feel free to contact
me.
MEMORANDUM
CRAVEN THOMPSON AND ASSOCIATES, INC.
Date: February 16, 2011
To: Tony Tomei, City of Aventura — Capital Projects Manager
From: Chad E. Edwards, P.E., Consulting Engineer
Reference: 30 Avenue & 29�' Avenue Milling and Resurfacing
Bid Package Review —Bid Number 11- 02 -14 -2
At your request, we have reviewed the bid results for the above referenced project and have
checked the qualifications and references for the apparent low bidder H & R Paving, Inc. (H &R
Paving). A total of six (6) bids were received, ranging price from $247,229.00 to $472,132.50.
We spoke with representatives from the Florida Department of Transportation (FDOT) The City
of Doral, and Miami -Dade County Public Works Department ( MDCPW) regarding the
qualifications and past performance by H &R Paving on similar projects. All agencies described
H &R Paving as a qualified firm and capable of performing the type of work required under this
contract. There were no substantive problems or issues with Change Orders. They also indicated
that H &R Paving had met the contract requirements and time frames on past projects. Overall,
we received a mixed review regarding H &R Paving's performance on past projects. MDCPW
had no issues with the work performed by H &R Paving, while FDOT had some issue with
management and work product.
Please note that the submitted base bid from H &R Paving was $241,229.00, but the sum of the
individual line items totaled $247,229.00. H &R Paving failed to include line item 1 which is
General Conditions, and line item 3 which is for Maintenance of Traffic. Both of these two line
items combined total $6,000.00. Based upon the City Attorney's clarification we are
recommending award of the contract for $247,229.00 and not the submitted base bid of
$241,229.00.
Based on our review of the bids and reference checks, it is my professional opinion that H &R
Paving is qualified to perform the work under this contract and has successfully performed
similar types of roadway work for government agencies in the past. Therefore, I am
recommending the award of the contract for this project to H & R Paving, Inc. as the lowest
responsive, responsible bidder in the amount of $247,229.00.
If you have any questions or require any additional information, please call.
SECTION 00410
BID FORM
THIS BID IS SUBMITTED TO:
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
BID FOR: NE 29` Avenue & NE 34` Avenue Milling and Resurfacing
BID No: 11- 2 -14 -2
The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The
City of Aventura in the form included in the Contract Documents to perform and furnish all Work as specified
or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this
Bid and in accordance with the other terms and conditions of the Contract Documents.
BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and
Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid
Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening.
BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by
the Bidding Requirements within ten days after the date of City's Notice of Award.
In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda
(receipt of all which is hereby acknowledged.)
Addendum No. 7►
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
(b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents,
Work, site, locality, and all local conditions and Law and Regulations that in any manner may
affect cost, progress, performance or furnishing of the Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings
of physical conditions.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all such examinations, investigations, explorations, tests and studies (in
addition to or to supplement those referred to in (c) above) which pertain to the subsurface or
physical conditions at the site or otherwise may affect the cost, progress, performance, or
furnishing of the Work at the Contract Price, within the Contract Time and in accordance with
the other terms and conditions of the Contract Documents, and no additional examinations,
investigations, explorations, tests, reports or similar information or data are or will be required
by BIDDER for such purposes.
NE 29` Avenue & NE 34` Avenue Milling and Resurfacing
City of Aventura Bid No. 1 1- 2 -14 -2
CTA Project No. 01- 0103.141
00410- 1
(e) BIDDER has reviewed and checked all information and data shown or indicated on the
Contract Documents with respect to existing Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate location of said Underground Facilities. No
additional examinations, investigations, explorations, tests, reports or similar information or
data in respect of said Underground Facilities are or will be required by BIDDER in order to
perform and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
(f) BIDDER has correlated the results of all such observations, examinations, investigations,
explorations, tests, reports and studies with the terms and conditions of the Contract
Documents.
(g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has
discovered in the Contract Documents and the written resolution thereof by Consultant is
acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization, or corporation; BIDDER has not directly or indirectly
induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has
not sought by collusion to obtain for itself any advantage over any other BIDDER or over the
City.
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the
Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and
when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to
reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope
of Project after the Contract Date.
As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and
services necessary to provide a complete in place Project for the Bid Price of:
Two
btu1-3D%1M
7kauC5ArQ0,
T erlr
a•Z4 TRa4J)Lrj
Two
N t�t��
A Ttti ++ t - r
Q/�
dollars and
"— 2 e0 cents LUMP SUM
(Written Total Bid Price - From Schedule Of Values)
BIDDER agrees that the work will be complete in full within 120 calendar days from the date
stipulated in the Notice to Proceed. If Bid Alternates are awarded, then the completion time for
the work covered under the Bid Alternates will be agreed to prior to the issuance of the Notice
to Proceed.
NE 29` Avenue & NE 34` Avenue Milling and Resurfacing
City of Aventura Bid No. 1 1- 2 -14 -2
CTA Project No. 01- 0103.141
00410- 2
4. Communications concerning this Bid shall be addressed to:
BIDDER: P.4- vt �J C
Address:
fT Nw 41 Ads • �gMr, {� 3 33 72-
Telephone - 3 e4 2>0 f - 3 � ° f
Facsimile Number 6 - 2 - 6zo 7 p
Attention: 9 2 6 U L Z
The terms used in this Bid which are defined in the General Conditions of the Construction Contract
included as part of the Contract documents have the meanings assigned to them in the General
Conditions.
SUBMITTED THIS DAY , � 2 20
NE 29" Avenue & NE 30 Avenue Milling and Resurfacing
City of Aventura Bid No. 1 1- 2 -14 -2
CTA Project No. 01 -01 03.141
00410-3
SECTION 00410
SCHEDULE OF VALUES
FOR LUMP SUM
CONTRACT
GENERAL REQUIREMENTS
Item Quantity Description
GENERAL
1 1 GENERAL CONDITIONS
2 1 MOBILIZATION
3 1 MAINTENANCE OF TRAFFIC
SUB -TOTAL
DRAINAGE IMPROVEMENTS
4 1 INSTALL NEW DRAINAGE INLET
GRATE
5 39 REMOVE EXISTING DRAINAGE
PIPE
6 3 REMOVE EXISTING DRAINAGE
STRUCTURE
7 3 CORE DRILL AND CONNECT
EXISTING DRAINAGE STRUCTURE
8 116 18" RCP DRAINAGE PIPE
9 24 24" CMP DRAINAGE PIPE
10 3 INSTALL M4 DRAINAGE
STRUCTURE
Unit Unit Price Extended
Cost
LS $ $ - i QW, "o
e $ $ . 1 2,049- ,T
$ 1 ,O
EA $ Cv 5C9 "V $ G50-
LF $ IT. ow $ 7.i5
EA $ 350 $ - 1,cr$o,'
EA $ S*049- 0 ' $ -L5W
LF $ SZ.o" $ �tOJf• - Slla
LF $ Lka .au $
^
EA $ ;�, :;W 00 $
NE 29 Avenue & NE 34` Avenue Milling and Resurfacing
City of Aventura Bid No. l ]- 2 -14 -2
CTA Project No. 01- 0103.141
00410-4
11 4 CONNECT NEW DRAINAGE PIPE
TO EXISTING DRAINAGE PIPE
12 250 CURB, SIDEWALK, AND
PAVEMENT RESTORATION
SUB -TOTAL
EA $ 5-m- $ - ;� ,,cam- s
SY $ t+ ° $ 1 0 qUO -e
NE 29 Avenue & NE 34 Avenue Milling and Resurfacing
City of Aventura Bid No. 11- 2 -14 -2
CTA Project No. 01- 0103.141
00410-5
ROADWAY IMPROVEMENTS
13
87
REMOVE EXISTING CURB
LF
$
% G • au
$
$�Q,
14
70
REMOVE EXISTING CONCRETE
SY
$
rj ,
$
SIDEWALK
15
22,275
MILL 1" OF ASPHALT
SY
$
'l.
$
16
22,275
INSTALL 1" ASPHALTIC
SY
$
�, ,
$
too"
CONCRETE (TYPE S -III),
INCLUDING TACK COAT
17
20
TYPE "D" CURB
LF
$
18 ,
$
'SG0
18
12
TYPE "E" CURB
LF
$
O •
$
19
55
TYPE "F' CURB
LF
$
1 X8. eV
$
20
70
INSTALL CONCRETE SIDEWALK
SY
$
o �
$
21
25
POTHOLE RESTORATION
SY
$
1(0 �v
$
22
6
ADJUST EXISTING VALVE
EA
$,u
$
23
1
ADJUST EXISTING METER BOX
EA
$
'1, 50,
$
24
2
INSTALL DETECTABLE WARNING
EA
$
2Cxq -
$
(INCLUDING CONCRETE)
25
9
REMOVE EXISTING SIDEWALK
EA
$
.l U , a du
$
AND CONSTRUCT ADA RAMP W/
DETECTABLE WARNINGS PER
FDOT INDEX
26
1
RESTORE EXISTING LOOP
LS
$
:z cx�
$
DETECTORS
SUB -TOTAL
NE 29 Avenue & NE 34 Avenue Milling and Resurfacing
City of Aventura Bid No. 11- 2 -14 -2
CTA Project No. 01- 0103.141
00410-5
PAVEMENT MARKINGS
27 1 INSTALL PAVEMENT MARKINGS LS $ IS . Qm, " $ 1. t . =•
(THERMOPLASTIC)
28 2 REMOVE AND REINSTALL EA $ 5'p• c" $ 1m 'V_
EXISTING TRAFFIC SIGN
29 1 REMOVE AND REPLACE Wl -1 SIGN EA $ J:::. S. 00 $ -gt,un
30 1 TEMPORARY PAVEMENT LS $ 8t sl2,C10 $
MARKINGS
SUB -TOTAL
$ 2G % -rQ T
31 1 ALLOWANCE FOR CITY OF LS $10,000 $10,000
AVENTURA POLICE DEPARTMENT
PRESENCE ($40/HR)
TOTAL BASE BID $
are Q —
�r.. po (-« 2. 4 1 , 2 2q , 00 1 0 0 -� ► z t� 1
911D A�6*ERNAT-FrNO.
32 1 PRESSURE CLEAN ALL EXISTING
SIDEWALK AND CURBING
WITHIN THE PROJECT LIMITS
(INLUDING ALL ASOCIATED
WATER COSTS)
w
Q I 0 14 - 'rEIZV k'm Aw er To isa
tic xff ' 2 Iml11
TOTAL BID ALTERNATE NO. 1
NOTE: CITY RESERVES THE RIGHT TO AWARD THE BID BASED ON AN EVALUATION OF EITHER THE
BASE BID, BID ALTERNATE, OR A COMBINATION OF BASE BID AND BID ALTERNATE.
NE 29` Avenue & NE 34` Avenue Milling and Resurfacing
City of Aventura Bid No. 1 1- 2 -14 -2
CTA Project No. 01- 0103.141
00410-6
BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work
complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by
the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the
Schedule of Values, except to the extent that the City changes the scope of Project after the Contract Date.
Allowance Items will be paid based on the actual cost for each item. Any allowance item, or portion of an
allowance item, that is not used shall be reconciled at the completion of the project and deleted from the
Contract.
NE 29` Avenue & NE 34' Avenue Milling and Resurfacing
City of Aventura Bid No. 1 1- 2 -14 -2
CTA Project No. 01- 0103.141
00410- 7
SIGNATURE PAGE FOR A CORPORATION
By:
(Corporation Name)
- r-L
(State of Incorporation)
By: (2igu L o nl
(Name of Person Authorized to Sign)
EKES -p T
(Title)
(Corporate Seal)
, ,��
Luc,eE Go z EZ I �2 -t_ G � - LE Z
S'Ec,Q.ET /T� FR s u Fz.E
(President) ( (Al , /
Business address: `� / t ,t
0 14 V '
- F L 33 X 72
Phone No: 30� - ZG � ^ 300
Facsimile No: 3 01' — 2 ` c 0 7 q
NE 29" Avenue & NE 34` Avenue Milling and Resurfacing
City of Aventura Bid No. 11- 2 -14 -2
CTA Project No. 01- 0103.141
00410- 10
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID /CONTRACT
FOR BID NO. 11- 02 -14 -2, NE 29 AVENUE, NE 187 ST AND NE 34
AVENUE MILLING AND RESURFACING IMPROVEMENTS, TO H &R
PAVING, INC. AT THE BID PRICE OF $247,229; AUTHORIZING THE
CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly solicited and accordingly
accepted bids for BID NO. 11- 02 -14 -2, NE 29 Avenue, NE 187 Street and NE 34
Avenue Milling and Resurfacing Improvements; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid /Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that H &R Paving, Inc. has submitted the lowest
responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid /contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1 : That bid /contract for BID NO. 11- 02 -14 -2, NE 29 Avenue, NE
187 Street and NE 34 Avenue Milling and Resurfacing Improvements, is hereby
Resolution No. 2011 -
Page 2
awarded to H &R Paving, Inc. in the amount of $247,229.
Section 2 : That the City Manager is hereby authorized to execute, on behalf of
the City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid /Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3 : That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid /contract.
Section 4 : That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from Budget
Line Item Number 001 - 8050 - 541 -6305.
Section 5 : This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2011
Page 3
PASSED AND ADOPTED this 1 St day of March, 2011.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City a a er
DATE: February 17, 2011
SUBJECT: Traffic Control Jurisdiction Agreement — Aventura Lakes Association
March 1, 2011 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with Aventura Lakes Association to provide traffic
control jurisdiction by our Police Department over the private roads adjacent to the
subject property. The Agreement will increase the visibility of the police force and
enhance traffic enforcement.
BACKGROUND
The previous Traffic Control Jurisdiction Agreement has been updated to reflect
changes in State law and police procedures. Therefore, we have requested all
condominiums or homeowners associations to enter into the new agreement attached
hereto.
In our continued efforts to provide improved police services to the community, we have
initiated a program in the past that allows a condominium or homeowners associations
to enter into an Agreement with the City to provide traffic control jurisdiction over a
private roadway within the development. This permits the Police Department to
conduct traffic enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Commission
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1727 -11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
AVENTURA LAKES ASSOCIATION AND THE CITY OF
AVENTURA; 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 hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Aventura Lakes Association and the
City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3 . This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2003 -
Page 2
PASSED AND ADOPTED this 1 St day of March, 2011.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
,3
G
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this a day of fe 20_[
by and be weep Av e a rL, Lo k a i Assoc, (A T o
(the "Cvvner ") and the City of Aventura, Florida, a Florida municipal corporation (the
"Ci y ,
RECITALS
Owner owns fee simile title to all the private roadways within the area
described as follows'.
of Dade County, Florida, and commonly known as
(the "Private Roads ")
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
Jtate StututeS 316.006.
NOW, I'HE.REFORE, for Ten and No /100 Dollars ($10.00) and other good and
vale :able consideration �, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as foiiows:
? . .Re citals . The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Tr affic Control Jurisdiction Services The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the fo! "owing terms and
conditions.
(a) City shall provide for Police Cfficera of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" afilached hereto, subject to availability.
(b) in exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
Jurisdiction whic', are sim lar in nature to the Private Roads.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the iwr sd);ctional authority presently exercised by the City over the
Private roads under iaw, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are c provided under law.
(d) In addition o exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A ", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
he entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionary additional traffic control jurisdiction, although the City shall
be entitled to retain ail revenues from traffic citations issued ry the City for violations of
`,affil- laws along the Private Roads, in accordance with law.
I
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise ariv control or responsibility concerning the installation or maintenance of traffic
con'Jol devices.
3. Compensation.
' v Routine Patrol Activity - Except as provided in subsection (b), Owner
�>
si a; not be responsible to pay the City any compensation for
performing routine patrol activity pursuant to this Agreement. Routine
Patrol Activity shall mean a level of patrol activity equivalent to that
which is randomly provided on pubiic roads. The City shall be
eniitied to retain all revenues from traffic citations issued by the City
for violation of traffic laws along the Private Roads as provided by law.
This s "--li not preclude the assessment of impact fees or other fees
provided by law.
(b) Extended Patrol Activity - Owner shall compensate City for extended
patroi activities conducted by the City on the Private Roads at
Owner's request in accordance with the rate schedule enumerated in
Exhibit "Q "_ Extended Patrol Activity shall mean any patrol outside of
the scope of 'the City's routine patrol of the Private Roads requested
by the Owner that requires more than one (1) hour additional patrol
time wi`hin any t4llenty -four hour period.
4. Liability Not Increased. Neither the existence of this Agreement nor
anyuhing contained , shall give rise to any greater liability on the part of the City
3
than the City wou i ordinarily be subjected to when providing its normal police services
provided throughout the City.
5. T erm. f;e kern; of this Agreement shall be one (1) year commencing on
the date 'hereof and ending one 1) year following the date hereof, and shall thereafter
automaticaky con is ue 'so." successive one (1) year terms, unless terminated by either
pa;;y_ upon w. idler notice to the other party given at least thirty (30) days prior to the
expiration of the then - applicable one (1) year term.
6. Entire Agree ment. This Agreement constitutes the entire understanding
and agreement of the parties with respect to the subject matter - hereof and may not be
changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
7. Go verni n Lav, This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any litigation between the
parties for an,, controversy arising from or related to this Agreement shall be in the 11
Judicial Circuit iri and for Nliarni -Dade County, Florida. The parties hereby voluntarily
waive any right to trial by jury for and litigation between the parties which arises out of
this Agreement c0r the crovision of Ia�vv enforcement services to Owner hereunder.
2. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or darnage
,trh'r h may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, €ncluding death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
11
Teresa M. Soroka, MIVIC Eric M. Soroka, ICMA-CM
City Clerk City Manager
App-Mved as to Legaill -'E''- ic
At"07ney
A�
w�etl,er such claim, demand, suit, 'oss, damage, cost or expense is caused in whole or
in ca City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
herelbv _agrees to maintain and pay all premiums for a policy of comprehensive general
;iabiiity insurance in an amount of not less then $300,000 combined single limit
; nsurance covering any cccurre ',ce on or adjacent to the Private Roads described
above, resulting in properly damage or bodily injury or death to person or persons.
Such in surance police sl:ali name the City and City's officers, agents and employees as
a_d�'itiona;! ;r,sui resoect to traffic control or enforcement of the Private Roads and
nail proviue f.,,- 30 days .prior written notice of any cancellation or change in scope or
amount of coverage of cz ch policy. Owner shall furnish City with a Certificate of
lnswr 3r?ce evidencing comp'iance wi h the provisions of this section.
E/ ECUTEJ as, of the date first above written in several counterparts, each of
n'ric h dial` ,e v de emed an original, but all constituting one Agreement.
�'igneci sealed and delivered
In the orese; ice
Sr_L4L -w%
NOTARY PUBLIC -STATE OF FLORIDA
Edith Schecter
_ Commission # DD665906
�•?.;' Expires: APR. 22, 2011
BONDED THRU ATLANTIC BONDING CO., INC.
By
CITY OF AVENTURA, a Florida
Municipal corporation
i
5
EXHIBIT "A"
Patrol
Aventura ;Police Officers i.n — roar yed. police vehicles or motorcycles may patrol the Private Roads
an a. random basis eac;a day. Whenever possible, Traffic complaints made by occupants of the
prepez�y, will be respoinded to a handled as a call for service, without charge to the Owner.
Traffic complaints that require Extended Patrol Activity, where the cost of service will be billed
!o the Ovmer. will only be conduced, with prior approval of the Owner. When requested by the
`caner to per1o:z1 specific traffic enforcement duties the Owner will be billed in accordance
with Exhl'bit "B".
7
EXFABIT "B"
Compensation
I he Oily will bzli 1-ne «x er $25.001 per hour for each officer requested to perform the Extended
Pat,ol Activity.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT
City Commission
Eric M. Soroka, ICMA -CM, City
February 17, 2011
Law Enforcement Mutual Aid Ag
Town of Surfside
in
r
Between the City and the
March 1, 2011 City Commission Meeting Agenda Item J-4
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami
Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large -scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back -ups
to emergency and in- process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1729 -11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE TOWN OF SURFSIDE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1 . The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the Town of Surfside for law enforcement activities in substantially
the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and 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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 1 St day of March, 2011.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MUTUAL AID AGREEMENT
Between the Town of Surfside Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the Town of Surfside,
Florida, and the City of Aventura, Florida, to ensure the public safety of their
citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, there is an existing and continuing possibility of the occurrence of
law enforcement problems and other natural and manmade conditions which are,
or are likely to be, beyond the control of the services, personnel, equipment or
facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Miami -Dade County municipalities; and
WHEREAS, the participating Miami -Dade County municipalities have the
authority under Chapter 23.12, Florida Statutes, the Florida Mutual Aid Act, to
enter into a Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the Town of Surfside, a political
subdivision of the State of Florida, and the City of Aventura, a political
subdivision of the State of Florida, in consideration of mutual promises to render
valuable aid in times of necessity, do hereby agree to fully and faithfully abide by
and be bound by the following terms and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement situations, this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
Town of Surfside Police Department or City of Aventura Police
Department.
C. Agency Head: Either the Chief of the Town of Surfside Police
Department, or the Chiefs designees, and the Chief of the City of
Aventura Police Department, or the Chiefs desiginees.
D. Participating municipal police department: The police
department of any municipality in Miami -Dade County, Florida, that
has approved and executed this Agreement upon the approval of
the governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting
party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete,
unreasonably, its own manpower, equipment, facilities, and other
resources and services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are
actually providing aid outside of the jurisdictional limits of the
employing municipality pursuant to a request for aid made in
accordance with this Agreement, shall pursuant to the provisions
of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing their
duties in the political subdivision in which they are regularly
employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, or facilities pursuant to the provisions of this Agreement
shall bear any loss or damage to same and shall pay any and
all expenses incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D. All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxiliary employees.
5. Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
6. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
7. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
8. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2016, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
9. Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGR D A ACKNOWLEDGED this , day of « , 2011.
Roger M. Carlton Eric M. Soroka
Town Manager City Manager
Town of Surfside, FL City of Aventura, FL
ATT ST:
Debra Eastman
Town Clerk
Town of Surfside, FL
ATTEST:
Teresa M. Soroka
City Clerk
City of Aventura, FL
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION:
LyWDannheisser
T wn Attorney
Town of Surfside, FL
David Wolpin
City Attorney
City of Aventura, FL
JOINT DECLARATION
OF THE CHIEF OF THE TOWN OF SURFSIDE POLICE DEPARTMENT AND
THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the Mutual Aid Agreement
when:
• participating in law enforcement activities that are
preplanned and approved by each respective agency head,
or
appropriately dispatched in response to a request for
assistance from the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the Town of Surfside, Florida and the City of Aventura, Florida, it
is hereby declared that the following list comprises the circumstances and
conditions under which mutual aid may be requested and rendered regarding
police operations pursuant to the Agreement. Said list may be amended or
supplemented from time to time, as needs dictate by subsequent declarations.
1. Joint multi jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large -scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in- progress calls, pursuits, and missing persons calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information.
15. Joint training in areas of mutual need.
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call.
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries.
18. Concurrent marine patrol related jurisdiction between agencies on the
waters, waterways, canals, channels, rivers, streams, and any and all
other bodies of waters, including the Intracoastal Waterway (ICW) that fall
within either jurisdiction.
19. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate under
city, state, and federal laws, rules and regulations, and to write boating law
violation citations, make arrests, and to attend court on behalf of the other
agency.
20. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by the
agency making the initial contact. Any follow -up investigations that are
required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
21. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50 -50 share of the final asset
distribution following the payment of all expenses relating to the
prosecution of the civil case. The jurisdiction of civil forfeiture action shall
be filed by the seizing agency.
22. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
DATE: . 2 , . 7-1?
David lien
Chief of Police
Town of Surfside Police Department
Surl'side, Florida
ATTEST:
Town Clerk
Town of Surlside, FL
DATE: `� f
en Stehl6erj
Chief of Police
City of Aventura Police Department
Aventura, Florida
ATTEST:
City Clerk
City of Aventura, FL
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City n
i
DATE: February 17, 2011
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
City of North Miami Beach
March 1, 2011 City Commission Meeting Agenda Item „
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami
Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large -scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back -ups
to emergency and in- process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1728 -11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF NORTH MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1 . The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement
between the City of Aventura and the City of North Miami Beach for law enforcement
activities in substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and 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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 1 St day of March, 2011.
Susan Gottlieb, Mayor
Attest:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
/tms
MUTUAL AID AGREEMENT
Between the City of North Miami Beach
and the City of Aventura
WHEREAS, it is the responsibility of the governments of the City of North Miami Beach,
Florida and the City of Aventura, Florida to ensure the public safety of their citizens by providing
adequate levels of police services to address any foreseeable routine or emergency situation;
and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man -made conditions which are, or are likely to
be, beyond the control of the services, personnel, equipment of facilities of the participating
municipal police departments; and
WHEREAS, in order to ensure that preparation of these law enforcement agencies will
be adequate to address any and all of these conditions, to protect the public peace and safety,
and to preserve the lives and property of the people of the participating Miami -Dade County
municipalities; and
WHEREAS, the participating Miami -Dade County municipalities have the authority under
Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement;
NOW, THEREFORE, BE IT KNOWN that the City of North Miami Beach, subdivision of
the State of Florida, and the undersigned representatives, in consideration for mutual promises
to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and
be bound by the following terms and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since this Mutual Aid Agreement provides for the requesting and
rendering of assistance for both routine and law enforcement intensive situations,
this Mutual Aid Agreement combines the elements of both a voluntary
cooperation agreement and a requested operational assistance agreement, as
described in Chapter 23, Florida Statutes.
3. Definitions:
a) Joint declaration: A document which enumerates the various conditions or
situations where aid may be requested or rendered pursuant to this Agreement,
as determined by concerned agency heads. Subsequent to execution by the
concerned agency heads, the joint declaration shall be filed with the clerks of the
respective political subdivisions and shall thereafter become part of this
Agreement.
1
Said declaration may be amended or supplemented at any time by the agency
heads by filing subsequent declarations with the clerks of the respective political
subdivisions.
b) Agency or participating law enforcement agency: Either the City of North
Miami Beach Police Department or the City of Aventura Police Department.
C) Agency head: Either the Chief of the City of North Miami Beach Police
Department, or the Chief's designees; and the Chief of Police of the City of
Aventura Police Department, or the Chief's designees.
d) Participating municipal police department: The police department of any
municipality in Miami -Dade County, Florida, that has approved and executed this
Agreement upon the approval of the governing body of the municipality.
e) Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes.
4. Operations:
a) In the event that a party to this Agreement is in need of assistance as
specified in the applicable joint declaration, an authorized representative of the
police department requiring assistance shall notify the agency from whom such
assistance is requested. The authorized agency representative whose
assistance is sought shall evaluate the situation and his available resources, and
will respond in a manner deemed appropriate.
b) Each party to this Agreement agrees to furnish necessary manpower,
equipment, facilities, and other resources and to render services to the other
party as required to assist the requesting party in addressing the situation which
caused the request; provided, however, that no party shall be required to deplete
unreasonably its own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
C) The agency heads of the participating law enforcement agencies, or their
designees, shall establish procedures for giving control of the mission definition
to the requesting agency, and for giving tactical control over accomplishing any
such assigned mission and supervisory control over all personnel or equipment
provided pursuant to this Agreement to the providing agency.
K
5. Powers, Privileges, Immunities, and Costs:
a) All employees of the participating municipal police department, including
certified law enforcement employees as defined in Chapter 943, Florida Statutes,
during such time that said employees are actually providing aid outside of the
jurisdictional limits of the employing municipality pursuant to a request for aid
made in accordance with this Agreement, shall, pursuant to the provisions of
Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges,
and immunities as if they were performing their duties in the political subdivision
in which they are normally employed.
b) The political subdivision having financial responsibility for the law
enforcement agency providing services, personnel, equipment, or facilities
pursuant to the provisions of this Agreement shall bear any loss or damage to
same and shall pay any and all expenses incurred in the maintenance and
operation of same.
C) The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall compensate
all of its employees rendering aid pursuant to this Agreement, during the time of
the rendering of such aid, and shall defray the actual travel and maintenance
expenses of such employees while they are rendering such aid. Such
compensation shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in rendering such
aid. Such compensation shall also include all benefits normally due such
employees.
d) All exemption from ordinance and rules, and all pension, insurance, relief,
disability, workers' compensation salary, death, and other benefits which apply
to the activity of such officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits of their respective
agencies, shall apply to them to the same degree, manner, and extent while
engaged in the performance of their functions and duties extraterritorially under
the provisions of the Mutual Aid Agreement. The provisions of this Agreement
shall apply with equal effect to paid and auxiliary employees.
t
6. Indemnification:
The City of Aventura shall hold harmless, defend and indemnify North Miami
Beach in any suit, action or claim for damages resulting from any and all the acts
or conduct of The City of Aventura employees, representatives, or agents
performing under the terms of this Agreement. North Miami Beach shall hold
harmless, defend and indemnify The City of Aventura in any suit, action or claim
for damages resulting from any and all acts or conduct of North Miami Beach's
employees, representatives, or agents performing under the terms of this
Agreement, subject to Chapter 768, Florida State Statutes.
7. Forfeitures:
It is recognized that during the course of the operation of this Agreement,
property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida
Statutes, may be seized. The property shall be seized, forfeited, and equitably
distributed among the participating agencies in proportion to the amount of
investigation and participation performed by each agency. This shall occur
pursuant to the provisions of the Florida Contraband Forfeiture Act.
8. Conflicts:
Any conflicts between this Agreement and the Florida Mutual Aid Act will be
controlled by the provisions of the latter, whenever conditions exist that are within
the definitions stated in Chapter 23 Florida Statutes.
9. Effective Date and Duration:
This Agreement shall be in effect from date of signing, through and including
March 30, 2014. Under no circumstances may this Agreement be renewed,
amended or extended except in writing.
10. Cancellation:
This Agreement may be canceled by either party upon sixty -(60) day's written
notice to the other party. Cancellation will be at the discretion of the chief
executive officers of the parties hereto.
4
AGREEDED TO AND ACKNOWLEDGED this day of
City Manager,
City of North Miami Beach, Florida
ATTEST:
City Clerk,
City of North Miami Beach, Florida
APPROVED AS TO FORM AND
LEGAL SUFFICENCY:
City Attorney,
City of North Miami Beach, Florida
20
Mayor,
City of Aventura, Florida
ATTEST:
City Clerk,
City of Aventura, Florida
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney,
City of Aventura, Florida
5
JOINT DECLARATION OF THE CHIEF OF THE
CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF AVENTURAPOLICE DEPARTMENT
PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the mutual aid agreement when:
• participating in law enforcement activities that are pre - planned and approved by each
respective agency head, or
• appropriately dispatched in response to a request for assistance from the other law
enforcement agency.
• spontaneous response where assistance or aid is apparent (see #9 below)
In compliance with, and under the authority of, the Mutual Aid Agreement, heretofore
entered into by the City of North Miami Beach and the City of Aventura, Florida, it is hereby
declared that the following list comprises the circumstances and conditions under which mutual
aid may be requested and rendered regarding police operations pursuant to the agreement.
Said list may be amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. Joint multi - jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial
trials, political conventions, labor disputes and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations, crowd and traffic control measures, including, but
not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas
line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency
and in- progress calls, pursuits, and missing persons calls.
9. Participating in exigent situations without a formal request which are spontaneous
occurrences such as area searches for wanted subjects, perimeters, crimes in progress,
escaped prisoners. Traffic stops near municipal boundaries, request for back -up assistance
and no local unit is available or nearby, calls or transmissions indicating an officer is injured,
calls indicating a crime or incident has occurred in which a citizen may likely be injured and
the assisting municipality is closer to the area than the officer receiving the call.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine,
motorcycle, bomb, crime scene, marine patrol, and police information.
16. Joint training in areas of mutual need.
DATE:
Rafael Hernandez, Chief
North Miami Beach Police Department
ATTEST:
City Clerk
I � �r
DATE:
Steve Steinberg, Chief
Aventura Police Department
ATTEST:
Ci�/ Clerk
E
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City anager
BY: Brian K. Raducci, Finance Director
DATE: February 7, 2011
SUBJECT: Amending Ordinance that Amends the Provisions of the Police
Officers' Retirement Plan to Comply with the Internal Revenue Code
V Reading March 1, 2011 City Commission Meeting Agenda Item
2 " Reading April 5, 2011 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Amending Ordinance
that Amends the Provisions of the Police Officers' Retirement Plan to Comply with
Recent Changes to the Internal Revenue Code.
BACKGROUND
Recently there have been changes to federal laws and regulations that require various
amendments be made to the City of Aventura Police Officers' Retirement Plan (the
"Plan ") in order for it to maintain its status as a qualified plan under Section 401(a) of
the Internal Revenue Code. These revisions to the text are consistent with the standard
IRS language as of the most recent Code amendments.
In simple terms, this change is a technical amendment to meet changing IRS
requirements for dollar limits on the salary which may be counted toward pension; the
maximum amount of pension permissible; and requires distributions to begin by a date
certain.
The attached Amended Ordinance had been originally prepared by the law firm of
Sugarman and Susskind (attorneys representing the Police Pension Board — see their cover letter
"Exhibit A "). They have incorporated the mandated changes in the proposed ordinance
amendment. The Police Pension Board has recommended the approval of the
changes.
In addition, the proposed changes were independently reviewed by both the law firm of
Klausner & Kaufman, P.A. and the City Attorney's Office. The City Attorney made minor
modifications to the ordinance so that it conformed to the format the City typically uses
for ordinances. It is both, Klausner & Kaufman, P.A. and the City Attorney's collective
opinion that the ordinance has effectively been drafted to comply with the recent to the
Internal Revenue Code.
In addition, the Police Pension Plan's actuary has issued a memorandum "Exhibit B"
that stated the adoption of the Ordinance will have no impact on the assumptions used
in determining the funding requirements of the program."
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR /bkr
VA
Exhibit A
SUGARMAN & SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
Robert A. Sugarman♦ 100 Miracle Mile
Howard S. Susskind Suite 300
Kenneth R. Harrison, Sr. Coral Gables, Florida 33134
D. Marcus Braswell, Jr. (305) 529 -2801
Pedro A. Herrera Broward (954) 327 -2878
Noah Scott Warman Toll Free 1- 800 - 329 -2122
Ivelisse Berio LeBeau Facsimile (305) 447 -8115
*Board Certified Labor
& Employment Lawyer
MEMORANDUM
To: City of Aventura Police Officers' Retirement Plan
From: Robert A. Sugarman
Date: February 3, 2011
Re: IRS Compliance Ordinance Amendment
The Internal Revenue Service enforces the compliance of pension plans with the
qualification requirements of Section 401 of the Internal Revenue Code. The benefits of
satisfying the qualification requirements are manifold: the income of the plan are not subject to
taxation; the employee does not pay income tax on his/her interest in the plan until such time as
the employee begins to receive benefits thereunder. Governmental plans are subject to many of
the qualification requirements under Section 401(a).
The IRS has implemented 5 -year cycles for its compliance monitoring. Every five years,
governmental plans are permitted to submit an application for a favorable determination letter,
i.e., a letter from the Internal Revenue Service stating that the plan meets all of the qualification
requirements. In processing each application, the IRS will ensure that the plan has complied
with all qualification requirements that have entered into effect during the relevant 5 -year period.
Regardless of whether a plan applies for a favorable determination letter, it must, if it
intends to benefit from the advantages of qualification under 401(a) of the Code, make all
amendments to its plan document that are required from time -to -time by changes in the law.
Memorandum In re: IRS Compliance Ordinance Amendment
February 3, 2011
Page 2
The proposed amendment to the Code of Ordinances of the City of Aventura is intended
to ensure that the pension plan remain in compliance with all current qualification requirements,
including the limitation of pension amounts under Section 415 of the Code; required distribution
rules under Section 401(a)(9); the expansion of choices for the rolling -over of pension
distributions, and other qualification requirements. These are technical amendments that will not
increase or decreases the benefits payable by the plan.
We look forward to responding to any additional questions that you might have regarding
the enclosed ordinance.
Yours truly,
i
ROBERT A. SUGARMAN
Board Certified Labor & Employment Lawyer
RAS /jd
Exhibit B
Foster&Fos
Actuaries and Consultants
December 3, 2010
Ms. Carolyn Furlong
Benefits USA
3810 Inverrary Blvd., Suite 303
Lauderhill, FL 33319
T�
1� DEC 0 6 ?M
Re: City of Aventura
Police Officers' Retirement Plan
Dear Carolyn:
Upon your request, we have reviewed the proposed Ordinance amending the
plan to include certain changes to the Internal Revenue Code and have
determined that its adoption will have no impact on the assumptions used in
determining the funding requirements of the program.
Because the changes do not result in a change in the valuation results, it is our
opinion that a formal Actuarial Impact Statement is not required in support of Its
adoption. However, since the Division of Retirement must be aware of the current
provisions of all public pension programs, it is recommended that you send a
copy of this letter and a copy of the fully executed Ordinance to each of the
following offices:
Mr. Keith Brinkman
Bureau of Local Retirement Systems
Division of Retirement
P. O. Box 9000
Tallahassee, FL 32315 -9000
If you have any questions, please let me know.
Sincerely,
Patrick T. Donlan
PTD /Isw
Patricia Shoemaker
Municipal Police and Fire
Pension Trust Funds
Division of Retirement
P.O. Box 3010
Tallahassee, FL 32315 -3010
13420 Parker commons Blvd., Suite 104 • Fort Myers, Florida 33912.239 -433 -5500 • Fax 239 - 481 -0634 - www.foster- foster.com
ORDINANCE NO. 2011=
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING PROVISIONS OF THE
POLICE OFFICERS' RETIREMENT PLAN TO
COMPLY WITH THE INTERNAL REVENUE CODE;
PROVIDING FOR A REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recent changes to federal laws and regulations require that
various amendments be made to the City of Aventura Police Officers' Retirement
Plan (the "Plan ") in order to maintain its status as a qualified plan under Section
401(a) of the Internal Revenue Code; and
WHEREAS, an amendment to the City Code is necessary to permit such
new obligations and conditions; and
WHEREAS, the trustees of the Plan have requested and approved such
an amendment as being in the best interests of the participants and beneficiaries
as well as improving the administration of the Plan; and
WHEREAS, the City Commission has received, reviewed and considered
an actuarial impact statement describing the actual impact of the amendments
provided for herein.
NOW THEREFORE, BE IT ORDAINED by the City Commission of the
City of Aventura, Florida:'
Section 1. The foregoing WHEREAS clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Ordinance upon adoption hereof.
' Deleted text is indicated by a stFiketheugh and added text is indicated by an underline
Ordinance No. 2011
Page 2
Section 2. Section 36 -22 "Definitions" of Article ll, "Police Pension Plan
and Trust Fund" of Chapter 36 "Retirement" of the City Code is amended to read
as follows:
Sec. 36-22. Definitions.
Earnable compensation shall mean a member's base pay for
regular hours worked as an employee, overtime pay, amounts paid
for administrative leave, bereavement leave, compensatory time
paid in lieu of regular wages, court time, Garcia days for K -9
service, holiday leave taken in lieu of regular pay, job basis leave,
jury duty, light duty, paid military leave, personal leave taken in lieu
of regular pay, storm leave, storm /hurricane pay, suspension with
pay, pay for time off due on the job injury, vacation leave taken in
lieu of regular pay, and workers' compensation paid by the City;
and, excluding pay received for off -duty details for third parties,
whether or not the payment is made through the City. Earnable
compensation shall not include payouts of accumulated leave taken
as cash upon separation from service. Retroactive payments shall
be credited to the calendar year in which such payments would
have been received had they been timely paid. Oemp -#ef
'Rtema Revenue Code SeGtien 401 (a)(! 7) limitation as adjU6ted
vha ry e o n the -GGSr Of IiVinn in the maRReF p F e6G Fibed by thc
Pursuant to F.S. § 440.21, pension
contributions shall not be deducted from a member's workers'
compensation award. For the purpose of applying the limitations
set forth in Sections 401(a)(17) and 415 of the Internal Revenue
Code, earnable compensation shall include any elective deferral
(as defined in Code Section 402(8)(3) of the Internal Revenue
Code), and any amount which is contributed or deferred by the
employer at the election of the Member and which is not includible
in the gross income of the Member by reason of Section 125 or 457
of the Internal Revenue Code. For limitation years beginning on
and after January 1, 2001, for the purposes of applying the
limitations described in Section 36 -31 hereof, compensation paid or
made available during such limitation years shall include elective
amounts that are not includible in the gross income of the Member
by reason of Section 132(f)(4) of the Internal Revenue Code
2
Ordinance No. 2011 -
Page 3
Section 3. Section 36 -31 "Compliance with the Internal Revenue Code"
of Article II, "Police Pension Plan and Trust Fund" of Chapter 36 "Retirement" of
the City Code is amended to read as follows:
Sec. 36 -31. Compliance with the Internal Revenue Code.
a) It is the intention of the City and of the Board that the plan
remain at all times a qualified plan, as that term is defined under
the Internal Revenue Code.
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Ordinance No. 2011 -
Page 5
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(a) Maximum Pension.
Notwithstandina anv provision of this Plan to the contrary, the Annual
Pension that is accrued by or paid to a participant shall not exceed
the Dollar Limitation set forth below. If the benefit the participant
would otherwise accrue in a Limitation Year would produce an
Annual Pension in excess of the Dollar Limitation the benefit shall
be limited to a benefit that does not exceed the Dollar Limitation.
(1) Definitions Used in this Section.
A) "Annual Pension" means the benefits received
by a participant under this Plan expressed in the form
of a straight life annuity. In determining whether
benefits payable exceed the Dollar Limitation set forth
below, benefits payable in any form other than a
straight life annuity shall be adjusted to the larger of:
The annual amount of the straiaht life
annuity (if any) payable to the participant under
the plan commencing at the same annuity
startina date as the form of benefit payable to
the participant; or
The annual amount of the straiaht life
annuity commencing at the same annuity
starting date that has the same actuarial
present value as the form of benefit payable to
the participant, computed using a 5 percent
interest assumption and the applicable
Ordinance No. 2011
Page 6
mortality table described in §1.417(e)- l(d)(2)
for that annuity starting date.
No actuarial adjustment to the benefit shall be made
for benefits that are not directly related to retirement
benefits (such as a qualified disability benefit,
Qreretirement incidental death benefits, and
postretirement medical benefits): or the inclusion in
the form of benefit of an automatic benefit increase
feature, provided the form of benefit is not subject to
417(e)(3) of the Internal Revenue Code and would
otherwise satisfy the limitations of this Subsection (a),
and the amount payable under the form of benefit in
any Limitation Year shall not exceed the limits of this
Subsection (a) applicable at the annuity starting date,
as increased in subsequent years pursuant to F
415(d) of the Code. For this purpose, an automatic
benefit increase feature is included in a form of
benefit if the form of benefit provides for automatic,
periodic increases to the benefits paid in that form.
(B) "Dollar Limitation" means $160,000 (subject to
the annual adjustments provided under Section 415(d)
of the IRC). Said amount shall be adjusted based on
the age of the participant when benefits begin, as
follows:
(i) Except with respect to a participant who
is a "Qualified Participant" as defined in Section
415(b)(2)(H) of the Code, for benefits (except
survivor and disability benefits as defined in
Section 415(b)(2)(1) of the Code) beginning
before age 62 the Age- Adiusted Dollar
Limitation is equal to the lesser of --
(1) the actuarial equivalent of the annual
amount of a straight life annuity_
commencing at the annuity starting date
that has the same actuarial present
value as a deferred straight life annuity
commencing at age 62, where annual
payments under the straight life annuity
commencing at age 62 are equal to the
Dollar Limitation (as adjusted pursuant
to section 415(d) for the limitation year),
Ordinance No. 2011
Page 7
and where the actuarially equivalent
straight life annuity is computed using a
5 percent interest rate and the
applicable mortality table under
$1.417(e)- 1(d)(2) that is effective for that
annuity starting date (and expressing
the participant's age based on
completed calendar months as of the
annuity starting date); and
(II) the Dollar Limitation (as adjusted
pursuant to section 415(d)) multiplied by
the ratio of the annual amount of the
straight life annuity under the plan to the
annual amount of the straight life
annuity under the plan commencing at
age 62, with both annual amounts
determined without applying the rules of
section 415.
(ii) For benefits beginning after the age of
65, the age- adjusted Dollar Limitation is equal to
the lesser of:
(1) the actuarial equivalent of the
annual amount of a straight life annuity
commencing at the annuity starting date
that has the same actuarial present
value as a straight life annuity
commencing at age 65, where annual
Payments under the straight life annuity
commencing at age 65 are equal to the
dollar limitation of section 415(b)(1)(A)
(as adjusted pursuant to section 415(d)
for the limitation year), and where the
actuarially equivalent straight life annuity
is computed using a 5 percent interest
rate and the applicable mortality table
under §1.417(e)- 1(d)(2) that is effective
for that annuity starting date (and
expressing the participant's age based
on completed calendar months as of the
annuity starting date): and
Ordinance No. 2011 -_
Page 8
(II) the section 415(b)(1)(A) Dollar
limitation (as adjusted pursuant to
section 415(d) and $1.415(d) -1 for the
limitation year) multiplied by the ratio of
the annual amount of the adjusted
immediately commencing straight life
annuity under the plan to the adjusted
age 65 straight life annuity. The
adjusted immediately commencing
straight life annuity means the annual
amount of the immediately commencing
straight life annuity payable to the
participant, computed disregarding the
participant's accruals after age 65 but
including actuarial adjustments even if
those actuarial adjustments are applied
to offset accruals. For this purpose, the
annual amount of the immediately
commencing straight life annuity is
determined without applying the rules of
section 415. The adjusted age 65
straight life annuity means the annual
amount of the straight life annuity that
would be payable under the plan to a
hypothetical participant who is 65 years
old and has the same accrued benefit
(with no actuarial increases for
commencement after age 65) as the
participant receiving the distribution
(determined disregarding the
participant's accruals after age 65 and
without applying the rules of section
4
(iii) There shall be no age adjustment of the
Dollar Limitation with respect to benefits
beginning between the ages of 62 and 65.
(2) The limitations set forth in this Subsection (a) shall not
apply if the Annual Pension does not exceed $10,000 provided
the participant has never participated in a Defined Contribution
Plan maintained by the City.
(3) Cost -of- living adjustments in the Dollar Limitation for
benefits shall be limited to scheduled annual increases
Ordinance No. 2011
Page 9
determined by the Secretary of the Treasury under Section
Subsection 415(d) of the Code.
(4) In the case of a participant who has fewer than 10
years of participation in the Plan, the Dollar Limitation set
forth in Paragraph (1)(B) of this Subsection (a) shall be
multiplied by a fraction - (i) the numerator of which is the
number of years (or part thereof) of participation in the Plan,
and (ii) the denominator of which is 10.
(5) Any portion of a participant's benefit that is
attributable to mandatory employee contributions (unless
Picked-up by the City) or rollover contributions, shall be
taken into account in the manner prescribed in the
regulations under Section 415 of the Code.
(6) Should any participant participate in more than one
defined benefit plan maintained by the City, in any case in
which the participant's benefits under all such defined benefit
plans (determined as of the same age) would exceed the
Dollar Limitation applicable at that age, the accrual of the
participant's benefit under this Plan shall be reduced so that
the participant's combined benefits will equal the Dollar
Limitation.
(7) For a participant who has or will have distributions
commencing at more than one annuity starting date, the
Annual Benefit shall be determined as of each such annuity
starting date (and shall satisfy the limitations of this Section as
of each such date), actuarially adjusting for past and future
distributions of benefits commencing at the other annuity
starting dates. For this purpose, the determination of whether
a new starting date has occurred shall be made without regard
to § 1.401(a) -20, Q&A 10(d), and with regard to F4
1.415(b)1(b)(1)(iii)(B) and (C) of the Income Tax Regulations.
(8) The determination of the Annual Pension under
Paragraph (a)(1) of this Subsection (a) shall take into account
(in the manner prescribed by the regulations under Section
415 of the Code) social security supplements described in
411(a)(9) of the Internal Revenue Code and benefits
transferred from another defined benefit plan, other than
transfers of distributable benefits pursuant § 1.411(d) -4, Q&A-
3(c) of the Income Tax Regulations.
Ordinance No. 2011
Page 10
(9) The above limitations are intended to comply with the
provisions of Section 415 of the Code, as amended, so that
the maximum benefits provided by plans of the City shall be
exactly equal to the maximum amounts allowed under Section
415 of the Code and regulations thereunder. If there is any
discrepancy between the provisions of this Subsection (a) and
the provisions of Section 415 of the Code and regulations
thereunder, such discrepancy shall be resolved in such a way
as to give full effect to the provisions of Section 415 of the
Code. The value of any benefits forfeited as a result of the
application of this Subsection (a) shall be used to decrease
future employer contributions.
(10) For the purpose of applying the limitations set forth in
Sections 401(a)(17) and 415 of the Internal Revenue Code,
Earnings shall include any elective deferral (as defined in
Code Section 402(8)(3) of the Internal Revenue Code), and
any amount which is contributed or deferred by the employer
at the election of the Member and which is not includible in the
gross income of the Member by reason of Section 125 or 457
of the Internal Revenue Code. For limitation_ years beginning-
on and after January 1, 2001, for the purposes of applying the
limitations described in this Subsection (a) of Section 42 -33,
compensation paid or made available during such limitation
years shall include elective amounts that are not includible in
the gross income of the Member by reason of Section
132(f)(4) of the Internal Revenue Code.
(b) Required Beginning Date:
Notwithstanding any other provision of the Plan, payment of a
participant's retirement benefits under the Plan shall commence not
later than the participant's Required Beginning Date, which is
defined as the later of:
-April 1 of the calendar year that next follows the calendar year
in which the participant attains or will attain the age of 70'/
years: or
-April 1 of the calendar year that next follows the calendar year
in which the participant retires.
(c) Required Minimum Distributions.
10
Ordinance No. 2011
Page 11
(1) Required Beginninq Date. The participant's entire
interest will be distributed, or begin to be distributed, to the
participant no later than the participant's Required Beginning
Date as defined in Subsection (b) of this Section 36 -31.
(2) Death of participant Before Distributions Begin.
(A) If the participant dies before distributions begin,
the participant's entire interest will be distributed, or
begin to be distributed, no later than as follows:
(i) If the participant's surviving spouse is
the participant's sole designated beneficiary,
then distributions to the surviving spouse will
begin by December 31 of the calendar year
immediately following the calendar year in
which the participant died, or by December 31
of the calendar year in which the participant
would have attained age 70Y2, if later.
(ii) If the participant's surviving spouse is
not the participant's sole designated
beneficiary, then distributions to the designated
beneficiary will begin by December 31 of the
calendar year immediately following the—
calendar year in which the participant died.
(iii) If there is no designated beneficiary as
of September 30 of the year following the year
of the participant's death, the participant's
entire interest will be distributed by December
31 of the calendar year containing the fifth
anniversary of the participant's death.
(B) The participant's entire interest shall be
distributed as follows:
(i) participant Survived by Designated
Beneficiary. If the participant dies before the
date distribution of his or her interest begins
and there is a designated beneficiary, the
participant's entire interest will be distributed,
beginning no later than the time described in
Subparagraph (2)(A) above, over the life of the
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Ordinance No. 2011
Page 12
designated beneficiary or over a period certain
not exceeding:
(1) unless the annuity starting date is
before the first distribution calendar
year, the life expectancy of the
designated beneficiary determined using
the beneficiary's age as of the
beneficiary's birthday in the calendar
year immediately following the calendar
year of the participant's death; or
(II) if the annuity starting date is
before the first distribution calendar
year, the life expectancy of the
designated beneficiary determined using
the beneficiary's age as of the
beneficiary's birthday in the calendar
year that contains the annuity starting
date.
(ii) No Designated Beneficiary. If the
participant dies before the date distributions
begin and there is no designated beneficiary as
of September 30 of the year following the year
of the participant's death, distribution of the
participant's entire interest will be completed by
December 31 of the calendar year containing
the fifth anniversary of the participant's death.
(C) Death of Surviving Spouse Before Distributions
to Surviving Spouse Begin. In any case in which (i)
the participant dies before the date distribution of his
or her interest begins, (ii) the participant's surviving
spouse is the participant's sole designated
beneficiary, and (iii) the surviving spouse dies before
distributions to the surviving spouse begin,
Subparagraphs (2)(A) and 2(B) above shall apply as
though the surviving spouse were the participant.
(3) Requirements For Annuity Distributions That
Commence During participant's Lifetime.
(A) Joint Life Annuities Where the Beneficiary Is
Not the participant's Spouse. If the participant's
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Ordinance No. 2011
Page 13
interest is being distributed in the form of a joint and
survivor annuity for the joint lives of the participant
and a nonspousal beneficiary, annuity payments to be
made on or after the participant's Required Beginning
Date to the designated beneficiary after the
participant's death must not at any time exceed the
applicable percentage of the annuity payment for
such period that would have been payable to the
participant using the table set forth in Q&A -2 of
Section 1.401(a)(9) -6T of the Treasury regulations. If
the form of distribution combines a joint and survivor
annuity for the joint lives of the participant and a
nonspousal beneficiary and a period certain annuitV,
the requirement in the preceding sentence will apply
to annuity payments to be made to the designated
beneficiary after the expiration of the period certain.
(B) Period Certain Annuities. Unless the
participant's spouse is the sole designated beneficiary
and the form of distribution is a period certain and no
life annuity, the period certain for an annuity
distribution commencing during the participant's
lifetime may not exceed the applicable distribution
period for the participant under the Uniform Lifetime
Table set forth in Section 1.401(a)(9) -9 of the
Treasury regulations for the calendar year that
contains the annuity starting date. If the annuity
starting date precedes the year in which the
participant reaches age 70, the applicable distribution
period for the participant is the distribution period for
age 70 under the Uniform Lifetime Table set forth in
Section 1.401(a)(9) -9 of the Treasury regulations plus
the excess of 70 over the age of the participant as of
the participant's birthday in the year that contains the
annuity starting date. If the participant's spouse is the
participant's sole designated beneficiary and the form
of distribution is a period certain and no life annuity,,
the period certain may not exceed the longer of the
participant's applicable distribution period, as
determined under this Subparagraph (3)(B), or the
ioint life and last survivor expectancy of the participant
and the participant's spouse as determined under the
Joint and Last Survivor Table set forth in Section
1.401(a)(9) -9 of the Treasury regulations, using the
participant's and spouse's attained apes as of the
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Ordinance No. 2011
Page 14
participant's and spouse's birthdays in the calendar
year that contains the annuity starting date.
(4) Form of Distribution. Unless the participant's interest
is distributed in the form of an annuity purchased from an
insurance company or in a single sum on or before the
Required Beginning Date, as of the first distribution calendar
year distributions will be made in accordance with
Subparagraphs (4)(A), (4)(B) and (4)(C) below. If the
participant's interest is distributed in the form of an annuity
purchased from an insurance company, distributions
thereunder will be made in accordance with the
requirements of Section 401(a)(9) of the Code and the
Treasury regulations. Any part of the participant's interest
which is in the form of an individual account described in
Section 414(k) of the Code will be distributed in a manner
satisfying the requirements of Section 401(a)(9) of the Code
and the Treasury regulations that apply to individual
accounts.
(A) General Annuity Requirements. If the
participant's interest is paid in the form of annuity
distributions under the Plan, payments under the
annuity will satisfy the following requirements:
(i) the annuity distributions will be paid in
periodic payments made at intervals not longer
than one year:
(ii) the distribution period will be over a life
(or lives) or over a period certain, not longer
than the distribution period described in
Paragraphs 2 or 3 above, whichever is
applicable, of this Subsection (c):
(iii) once payments have begun over a
period certain, the period certain will not be
changed even if the period certain is shorter
than the maximum permitted:
(iv) payments will either be non - increasing
or increase only as follows:
(1) by an annual percentage
increase that does not exceed the
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Ordinance No. 2011 -
Page 15
annual percentage increase in a cost -of-
living index that is based on prices of all
items and issued by the Bureau of Labor
Statistics;
(II) to the extent of the reduction in
the amount of the participant's payments
to provide for a survivor benefit upon
death, but only if the beneficiary whose
life was being used to determine the
distribution period dies or is no longer
the participant's beneficiary pursuant to
a qualified domestic relations order
within the meaninq of Section 414(p) of
the Code;
(III) to provide cash refunds of
employee contributions upon the
participant's death; or
(IV) to pay increased benefits that
result from a Plan amendment.
(B) Amount Required to be Distributed by
Required Beginning Date. The amount that must be
distributed on or before the participant's Required
Beginning Date (or, if the participant dies before
distributions begin, the date distributions are required
to begin under Subparagraph (2)(A)(i) or (2)(A) (ii),
whichever is applicable) is the payment that is
required for one payment interval. The second
payment need not be made until the end of the next
Payment interval even if that payment interval ends in
the next calendar year. Payment intervals are the
periods for which payments are received, e.g., bi-
monthly, monthly, semi - annually, or annually. All of
the participant's benefit accruals as of the last day of
the first distribution calendar year will be included in
the calculation of the amount of the annuity payments
for payment intervals ending on or after the
participant's Required Beginning Date.
(C) Additional Accruals After First Distribution
Calendar Year. Any additional benefits accruing to
the participant in a calendar year after the first
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Ordinance No. 2011 -
Page 16
distribution calendar year will be distributed beginning
with the first payment interval ending in the calendar
year immediately following the calendar year in which
such amount accrues.
(5) For purposes of this Subsection (c), distributions are
considered to begin on the participant's Required Beginning
Date. If annuity payments irrevocably commence to the
participant (or to the participant's Surviving Spouse) before
the participant's Required Beginning Date (or, if to the
participant's Surviving Spouse, before the date distributions
are required to begin in accordance with Subparagraph
(2)(A) above), the date distributions are considered to begin
is the date distributions actually commence.
(6) Definitions.
(A) Designated beneficiary. The individual who is
designated as the beneficiary under the Plan and is
the designated beneficiary under Section 401(a)(9) of
the Code and Section 1.401(a)(9) -1, Q&A -4, of the
Treasury regulations.
(B) Distribution calendar year. A calendar year for
which a minimum distribution is required. For
distributions beginning before the participant's death,
the first distribution calendar year is the calendar year
immediately preceding the calendar year which
contains the participant's Required Beginning Date.
For distributions beginning after the participant's
death, the first distribution calendar year is the
calendar year in which distributions are required to
begin pursuant to Paragraph (2) of this Subsection
(C) Life expectancy. Life expectancy as computed
by use of the Single Life Table in Section 1.401(a)(9)-
9 of the Treasury regulations.
(d) (1) Notwithstanding any provision of the Plan to the contrary that
would otherwise limit a distributee's election under this Section a
distributee may elect, at the time and in the manner prescribed by the
Administrator, to have any portion of an eligible rollover distribution paid
directly to an eligible retirement plan specified by the distributee in a direct
rollover.
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Ordinance No. 2011
Page 17
(2) Definitions
The following definitions apply to this Section:
(A) Eligible rollover distribution: An eligible rollover
distribution is any distribution of all or any portion of the
balance to the credit of the distributee, except that an eligible
rollover distribution does not include:
(i) any distribution that is one of a series of
substantially equal periodic payments (not less
frequently than annually) made for the life (or life
expectancy) of the distributee or the joint lives (or joint
life expectancies) of the distributee and the
distributee's designated beneficiary, or for a specified
period of 10 years or more:
(ii) any distribution to the extent such distribution
is required under Section 401(a)(9) of the Code:
(iii) the portion of any distribution that is a hardship
distribution described in Section 401(k)(2)(B)(i)(IV) of
the Code: and
(iv) the portion of any distribution that is not
includible in gross income (determined without regard
to the exclusion for net unrealized appreciation with
respect to employer securities), provided that a
portion of a distribution shall not fail to be an eligible
rollover distribution merely because the portion
consists of after -tax Employee contributions which are
not includible in gross income. However, such portion
may be transferred only to an individual retirement
account or annuity described in Section 408(a) or (b)
of the Code, or to a qualified defined contribution plan
described in Section 401(a) or 403(a) of the Code that
agrees to separately account for amounts so
transferred, including separately accounting for the
portion of such distribution which is includible in gross
income and the portion of such distribution which is
not so includible.
(3) Eligible retirement plan: An eligible retirement plan is an
individual retirement account described in Section 408(a) of the
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Ordinance No. 2011 -_
Page 18
Code, an individual retirement annuity described in Section 408(b)
of the Code, an annuity plan described in Section 403(a) of the
Code, an annuity contract described in Section 403(b) of the Code,
a qualified trust described in Section 401 (a) of the Code, an
eligible plan under Section 457(b) of the Code which is maintained
by a state, political subdivision of a state, or any agency or
instrumentality of a state or political subdivision of a state and
which agrees to separately account for amounts transferred into
such plan from this Plan, or, with respect to distributions on or after
January 1, 2008, a Roth IRA (subject to the limitations of Code
Section 408A(c)(3)) that accepts the distributee's eligible rollover
distribution.
(4) Distributee: A distributee includes an Employee or former
Employee. In addition, the Employee's or former Employee's
surviving spouse and the Employee's or former Employee's spouse
or former spouse who is the alternate payee under a qualified
domestic relations order, as defined in Section 414(p) of the Code,
are distributees with regard to the interest of the spouse or former
spouse. Furthermore, effective January 1, 2007, a surviving
designated beneficiary as defined in Section 401(a)(9)(E) of the
Code who is not the surviving spouse and who elects a direct
rollover to an individual retirement account described in Section
408(a) of the Code or an individual retirement annuity described in
Section 408(bb) of the Code shall be considered a distributee.
(5) Direct rollover: A direct rollover is a payment by the
Plan to the eligible retirement plan specified by the
distributee.
(e) Notwithstanding any other provision of this Plan, the
maximum amount of any mandatory distribution, as defined in
Section 401(a)(31) of the Code, payable under the Plan shall be
1000.
(f) Compensation Limitations Under 401(a)(17):
In addition to other applicable limitations set forth in the Plan, and
notwithstanding any other provision of the Plan to the contrary, the
annual compensation of each participant taken into account under
the Plan shall not exceed the EGTRRA annual compensation limit for
limitation years beginning after December 31, 2001. The EGTRRA
annual compensation limit is $200,000, as adiusted by the
Commissioner for increases in the cost of living in accordance with
Section 401(a)(17)(B) of the Code. The cost -of- living adjustment in
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Ordinance No. 2011
Page 19
effect for a calendar year applies to any period, not exceeding 12
months over which Compensation is determined (determination
period) beginning in such calendar year. If a determination period
consists of fewer than 12 months, the EGTRRA annual compensation
limit will be multiplied by a fraction, the numerator of which is the
number of months in the determination period, and the denominator
of which is 12.
Any reference in the Plan to the limitation under Section 401 (a)(17)
of the Code shall mean the EGTRRA annual compensation limit set
forth in this provision.
(g) At no time prior to the satisfaction of all liabilities under the
plan with respect to members and their spouses or beneficiaries,
shall any part of the corpus or income of the fund be used for or
diverted to any purpose other than for their exclusive benefit.
Section 4. All sections or parts of sections of the City Code, all
ordinances or parts of ordinances, and all resolutions or parts of resolutions in
conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
Section 5. 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
effect 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 6. It is the intention of the City Commission of the City of
Aventura that the provisions of this Ordinance shall become and be made a part
of the City Code and that the sections of this Ordinance may be renumbered or
relettered and the word "ordinance" may be changed to "Chapter ", "Section ",
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Ordinance No. 2011
Page 20
"Article ", or such other appropriate word or phrase, the use of which shall
accomplish the intentions herein expressed.
Section 7. This Ordinance shall become effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by
Commissioner , and upon being put to a vote, the vote
was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 1 st day of March, 2011.
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Ordinance No. 2011
Page 21
PASSED AND ADOPTED on second reading this 5 th day of April, 2011.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
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