11-17-2011City comn2haon The City of Eric Q M. Sorok
Susan Gottlieb, Mayor Eric M. Soroka, fCMA -CM
Bob Auerbach A,�Teif ur(U Cer M. Bo Diamond Teresa M. Soroka, MMC
Teri Holzberg
Billy Joel C� Attome
Michael Stern � y
Weiss Scrota Helfman
Luz Urbaez Weinberg Pastoriza Cole & Boniske
NOVEMBER 11111 MM
Govemmenttenter
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. 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. . A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT AGREEMENT BETWEEN THE CITY OF AVENTURA
AND THE STATE OF FLORIDA, OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA TO REIMBURSE THE STATE FOR THE COST OF
STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL
VIOLATIONS OF THE CITY OF AVENTURA CODE;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF AVENTURA AND PGAL
ARCHITECTS TO PERFORM ARCHITECTURAL AND
ENGINEERING SERVICES TO PLAN, DESIGN AND PERMIT
THE CITY'S GOVERNMENT CENTER PARKING EXPANSION
PROJECT IN ACCORDANCE WITH RFQ NO. 11- 9 -21 -2;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$7,500 TO THE FLORIDA INTERNATIONAL UNIVERSITY —
FIRST GENERATION SCHOLARSHIP FUND SPECIFICALLY
November 17, 2011
FOR AVENTURA RESIDENTS. THIS PROGRAM WILL SERVE
TO ENHANCE CRIME PREVENTION BY FACILITATING
EDUCATIONAL AND EMPLOYMENT OPPORTUNITIES THAT
WOULD OTHERWISE NOT EXIST BY PROVIDING TUITION
ASSISTANCE TO STUDENTS WITH LIMITED FINANCIAL
MEANS, WHO COME FROM FAMILIES WITH NO PRIOR
BENEFIT OF HIGHER EDUCATION.
3. ORDINANCE - SECOND READING - PUBLIC HEARING:
CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD OF THE AVENTURA CITY OF EXCELLENCE SCHOOL:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011 -05,
WHICH ORDINANCE ADOPTED A CHARTER SCHOOL
OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY
OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2011/2012 (JULY 1 -
JUNE 30) BY REVISING THE 2011/2012 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
4. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
WORKSHOP MEETING NOVEMBER 17, 2011 9AM 5th FL. EX.CONF.ROOM
COMMISSION MEETING JANUARY 3, 2012 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
appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W.
Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305 466 -8901.
2
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City ge
DATE: October 31, 2011
SUBJECT: Resolution Authorizing Executio of Agreement With the State
Attorney for Prosecution of Aventura Code Violators
November 17, 2011 City Commission Meeting Agenda Item I. Q
RECOMMENDATION
It is recommended that the City Commission authorize the execution of an Agreement
with the State Attorney's Office for the prosecution of Aventura Code Violations. This is
a renewal of the Agreement approved in 2010.
BACKGROUND
The State Legislature amended Section 27.01 Florida Statutes to provide that the State
Attorney shall appear in the courts to prosecute violations of municipal ordinances if the
prosecution is ancillary to a state prosecution or if the State Attorney has contracted
with the municipality for reimbursement for services rendered. The legislators passed
similar laws requiring municipalities to pay for the representation of criminal defendants
by the public defender's office.
As a result, those cases that a City requests the State Attorney's Office to prosecute will
be subject to a charge of $50.00 per hour each to the State Attorney and Public
Defender.
Attached hereto is the subject Agreement which provides the option to the City to utilize
the State Attorney's Office.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1756 -11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO
REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY
PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF
AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto between the City of Aventura and the State of
Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to
reimburse the State for the cost of State Attorney prosecution of certain criminal
violations of the City of Aventura Code.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 17th day of November, 2011.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
r
STATE ATTORNEY
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
E. R. GRAHAM BUILDING
1350 N.W. 12TH AVENUE
MIAMI, FLORIDA 33136-2111
KATHERINE FERNANDEZ RUNDLE
STATE ATTORNEY
October 12, 2011
Mr. Eric M. Soroka
City Manager
City of Aventura
19200 W. Country Club Drive
Aventura FL 33180
Dear Mr. Soroka:
TELEPHONE (305) 547 -0100
Legislation passed in 2004 to implement Revision 7 to Article V of the Florida Constitution
provides that the State Attorney may prosecute municipal ordinances only if (1) the ordinance violation is
ancillary to a felony prosecution (s. 27.02(1), Florida Statutes), or (2) the county /municipality has entered
into a contract with the State Attorney for these prosecutions (s. 27.34(1), Florida Statutes).
Enclosed please find the proposed agreement for the prosecution of ordinance violations for the
period of October 1, 2011 — September 30, 2012. Please sign three originals and return to this office as
soon as possible. If you desire to make changes to the contract and want an electronic version of this
document, please contact me at don lhorn )miamisao.com and I will forward you a copy. This contract is
for the prosecution of ordinances only; the State Attorney's Office has no statutory authority to handle
appeals relating to the constitutionality of ordinances. If you choose to not have the Office of the State
Attorney prosecute municipal ordinance violations in accordance with sections 4 &5 of Chapter 2004-
265, Laws of Florida, you are requested to send a letter to that effect to the above address as soon as
possible.
You will be billed at the statutorily prescribed rate of $50 per hour. Our estimate is that, on
average, it takes approximately 20 minutes per case; therefore, you will be charged at the rate of $16.67
per case. Please note that this is the charge for ordinance prosecution only. Pursuant to state law, there
are separate charges for indigent defense from the Public Defender and filing fees from the Clerk of the
Court.
If you have any questions about the contract or if I can provide any other information, lease do
not hesitate to contact me at 305 -547 -0562 or at donlhorn@bmialnisao.com. RECE ®
Sincerely, OCT 31 2011
OFFICE OF THE
KATHERINE FERNANDEZ RUNDLE CITY MANAGER
State Attorney
By:
Don L. Horn
Chief Assistant State Attorney for Administration
DLH /cj
Enclosures
AGREEMENT BETWEEN CITY OF AVENTURA AND THE STATE OF
FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE
STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF
CERTAIN CRIMINAL VIOLATIONS OF THE
d 41 of ww�'�'a CODE
This agreement is entered into this day of , 2011, by and
between City of Aventura, a political subdivision of the State of Florida (hereinafter referred to
as the "City ") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida
(hereinafter referred to as "State Attorney ")
WHEREAS, the City finds that in order to maintain and improve the health, safety, and
welfare of this community, it is necessary to adequately enforce and prosecute violations of the
City's Municipal Code; and
WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute
municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if
not ancillary to state prosecution, when the State Attorney contracts with the City for
reimbursement.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
Services
The State Attorney agrees to prosecute municipal ordinance violations as authorized in
Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms
outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for
costs associated with the prosecution of violations of the Municipal Code for the period of
October 1, 2011, through September 30, 2012. The State Attorney shall provide such clerical
and professional personnel as may be required for the performance of any of the functions of the
State Attorney as set forth in this agreement. This agreement does not commit the City to pay for
the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution
of municipal ordinance violations not punishable by incarceration. This agreement specifically
does not authorize the State to handle appeals of municipal ordinances on constitutional grounds,
which shall remain the responsibility of the municipality that passed the ordinance.
ARTICLE II
Terms
This agreement shall expire on September 30, 2012, unless terminated earlier pursuant to
Article VII of this agreement. Under no circumstances shall the City be liable to continue or
extend this agreement beyond this date. This agreement may only be amended in writing,
through a document executed by duly authorized representatives of the signatories to this
agreement.
ARTICLE III
Payment Schedule
The City agrees to reimburse the State Attorney on an hourly basis for services rendered
at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the
City with an invoice including, but not limited to, the hours of services rendered, number of
cases prosecuted as set forth in this agreement, and the total amount due for payment for the
previous month. The City shall remit each payment within ten (10) days after receiving said
invoice from the State Attorney.
ARTICLE IV
Responsibilities
The City does not delegate any of its responsibilities or powers to the State Attorney
other than those enumerated in this agreement. The State Attorney does not delegate any of its
responsibilities or powers to the City other than those enumerated in this agreement.
ARTICLE V
Reporting
All required reports shall be submitted to the
A i?Tif 1 1V V1
Indemnification
It is expressly understood and intended that the State Attorney is only a recipient of the
reimbursements paid by the City and is not an agent of the City. The respective parties agree,
subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other
harmless from any claims arising from this agreement.
ARTICLE VII
Tnrmin.� +inr
Either party may terminate this agreement at any time with or without cause by
furnishing written notice to the other party with no less than ninety (90) days notice.
ARTICLE VIII
Service Charges
This agreement is contingent upon all City funding provided, and any interest earned
thereon, not being subject to any State service charges or administrative assessments.
ARTICLE IX
Non - Discrimination
The State Attorney agrees to abide and be governed by Title II of the Americans with
Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title
Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be
discrimination of race, color, sex, religious background, ancestry, or national origin in
performance of this contract, in regard to persons served, or in regard to employees or applicants
for employment and it is expressly understood that upon receipt of evidence of discrimination,
the City shall have the right to terminate said agreement.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers the day and year first above written.
ATTEST:
NAME
By:
POSITION
ATTEST
By:
City Commission
C
150•ic. P4. SOe,0Ka..
State Attorney's Office
Eleventh Judicial Circuit
Don L. Horn
Chief Assistant State Attorney
for Administration
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City,*anag
DATE: November 9, 2011
SUBJECT: Architectural Services Agreement Between PGAL and the City for
Government Center Parking Expansion Project
November 17, 2011 City Commission Meeting Agenda Item•219>
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Architectural Services Agreement between PGAL and the City for
the Government Center Parking Expansion Project.
BACKGROUND
At the November 1, 2011 Meeting, the City Commission adopted a Resolution selecting
the firm of PGAL to perform architectural and engineering services for the City's
Government Center Parking Expansion Project. Attached is the Architect's Services
Agreement for PGAL.
The project is divided into two major components; Pre - Design and Basic Services. The
Pre - Design Phase includes the following items at a cost of $26,000:
• Site analysis
• Preliminary concept options
• Analysis of cost -in -place versus pre -cost construction
• Cost estimates
• Final concept
The Basic Services scope will be based on the approved final concept and fees for
those services will be negotiated at that time.
If you have any questions, please feel free to contact me.
CCO1757 -11
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND PGAL ARCHITECTS TO PERFORM
ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN
AND PERMIT THE CITY'S GOVERNMENT CENTER PARKING
EXPANSION PROJECT IN ACCORDANCE WITH RFQ NO. 11- 9 -21 -2;
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
Agreement ( the " Agreement" ), in substantially the form attached hereto, between the
City of Aventura and PGAL Architects to perform architectural and engineering services
to plan, design and permit the City's Government Center Parking Expansion Project in
accordance with RFQ No. 11- 9 -21 -2.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution and the Agreement.
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 Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 17th day of November, 2011.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
EXHIBIT A
SCOPE OF WORK
GOVERNMENT CENTER PARKING EXPANSION
PROJECT DESCRIPTION
The project consists of a new parking structure adjacent to City Hall and will replace a portion of the
existing surface lot. The existing lot primarily serves visitors, City staff and Police and an undetermined
number of spaces will need to be maintained throughout construction. It is envisioned that the new
structure will contain approximately 200 spaces or as many as feasible for the Final Construction Budget.
Current budget is $2,175,000, but may be adjusted slightly by the City at their discretion. An existing
Police Vehicle Fueling and Maintenance Area is to be retained on site. Project is anticipated to be
competitively bid.
SERVICES
Basic Services include architectural, structural, mechanical, electrical, plumbing, fire protection (if
required), landscape, and civil engineering. Optional or Supplemental Services are identified in Exhibit B.
Services will be broken down into two major components: 1) Pre - Design and 2) Basic Services. The Pre -
Design Phase will consist of site analysis (including survey update, existing utilities, easements, fueling
and zoning), preliminary concept options (including two or more levels of parking), analysis of cast -in-
place vs. pre -cast construction, rough- order - magnitude cost estimates and a Final Concept. Basic
Services Scope will be based on the approved Final Concept and fees for those services will be
negotiated at that time.
SCHEDULE
Survey update will be completed in fifteen (15) working days and Pre - Design Services will be completed
in eighteen (18) working days for a total of thirty -three (33) working days after Notice -to- Proceed plus any
interim review time required by the City.
EXHIBIT B
Government Center Parking Expansion
Fee Distribution
Pre - Design
Phase ITask
%
Gross Fee
Basic Services
Gross Fee
1
Site Analysis
20.0%
$ 3,700
2
Prelim Concept Options
30.0%
$ 5,550
3
CIP vs Pre -Cast Analysis
20.0%
$ 3,700
4
ROM Cost Estimate
10.0%
$ 1,850
5
Final Concept
20.0%
$ 3,700
Total Pre - Design
100%
$ 18,500
Basic Services
Phase ITas.
%
Gross Fee
Basic Services
Gross Fee
1
Schematic Design
15.0%
TBD
2
Design Development
20.0%
TBD
3
Construction Documents
35.0%
TBD
4
Permits, Bid & Award
5.0%
TBD
5
Construction Administration
25.0%
$ 6,500
TO Basic
100%
TBD
Optional /Supplemental Services
Task
Gross Fee
Security Design
TBD
Parking Access Controls
TBD
Cost Estimating
TBD
Signage & Graphics
TBD
Survey
$ 6,500
Geotechnical Eng
TBD
Threshold Inspections
TBD
Marketing Materials
TBD
Record as -built Drawings
TBD
Total Supplemental
$ 6,500
Expenses (estimated for pre- design only) 1 $ 1,000
TOTAL $ 26,000
ARCHITECT'S SERVICES AGREEMENT
This Architect's Services Agreement ( "Agreement ") is made as of the Seventeenth (17'') day of
November in the year Two Thousand and Eleven (2011) by and between the CITY OF
AVENTURA (`City "), 19200 w. Country Club Drive, Aventura, FL 33180 and PGAL, 791 Park
of Commerce Boulevard, Suite #400, Boca Raton, FL 33487 for the Aventura Government
Center Parking Expansion adjacent to Government Center.
The Owner and Architect agree as follows:
TABLE OF ARTICLES
1. ARCHITECT'S RESPONSIBILITIES
2. OWNER'S RESPONSIBILITIES
3. OWNERSHIP OF DOCUMENTS/DELIVERABLES
4. APPLICABLE LAW AND VENUE; ATTORNEYS FEES AND COSTS
5. TERMINATION
6. COMPENSATION
7. MISCELLANEOUS PROVISIONS
8. DEFAULT r
9. SCOPE-OF THE AGREEMENT
ARTICLE 1 ARCHITECT'S RESPONSIBILITIES
§ 1.1 The Architect shall provide the following professional services:
Replace the existing surface lot with a garage consisting of approximately 200 parking spaces, as
more fully described in the RFQ #11-9-21-2, attached hereto and incorporated herein as Exhibit
A. Survey and geotechnical information shall be obtained by Architect as supplemental services.
§ 1.2 The Architect shall perform its services consistent with the professional skill and care
ordinarily provided by architects practicing in the same or similar locality under the same or
similar circumstances. The Architect shall perform its services as expeditiously as is consistent
with such professional skill and care and the orderly progress of the Project.
§ 1.3 The Architect shall identify a representative authorized to act on behalf of the Architect
with respect to the Project.
I
§ 1.4 The Architect shall not engage in any activity, or accept any employment, interest or
contribution that would reasonably appear to compromise the Architect's professional judgment
with respect to this Project.
§ 1.5 The Architect shall maintain the following insurance for the duration of this Agreement.
1. General Liability
$1,000,000. Each Occurrence
2. Automobile Liability
$1,000,000.
3. Workers' Compensation
$1,000,000. Each Accident
4. Professional Liability
$5,000,000. Annual Aggregate
§ 1.6 The Architect shall indemnify and hold harmless the Owner, and its officers and
employees, from liabilities, damage, losses and costs, including but not limited to, reasonable
attorneys' fees, to the extent caused by the negligence, recklessness or intentionally wrongful
conduct of the Architect and other persons employed or utilized by the Architect in the
performance of the services under this Agreement.
The Architect acknowledges that specific consideration has been paid or will be paid under this
Agreement for this hold harmless and indemnification provision, and further agrees with the
foregoing provisions of indemnity and also agrees with the collateral obligation of insuring said
indemnity as set forth in this Agreement.
ARTICLE 2 OWNER'S RESPONSIBILITIES
§ 2.1 The Owner shall assist Architect by placing at its disposal all available information for the
specific Project.
§ 2.2 The Owner shall identify a representative authorized to act on the Owner's behalf with
respect to the Project.
ARTICLE 3 OWNERSHIP OF DOCUMENTS/DELIVERABLES
§ 3.1 Unless otherwise provided by law, all finished or unfinished documents, including but not
limited to detailed plans, drawings, surveys, maps, models, photographs, specifications, and all
other data prepared for the Owner or furnished by the Architect pursuant to this Agreement shall
become the property of the Owner, whether the Project for which they are made is completed or
not, and shall be delivered by Architect to Owner within ten (10) calendar days after receipt of
written notice requesting delivery of said documents. The Architect shall have the right to keep
2
one record set of the documents upon completion of the Project; however, in no event shall the
Architect use, or permit to be used, any of the documents without the Owner's prior written
authorization. Any reuse of such documents by the Architect without the Owner's written
verification or adaptation by the Owner for the specific purpose intended will be at the
Architect's sole risk.
All subcontracts for the preparation of reports, studies, plans, drawings, specifications or other
data entered into by the Architect for a specific project shall provide that all such documents and
rights obtained by virtue of such contracts shall become the property of Owner.
ARTICLE 4 APPLICABLE LAW AND VENUE; ATTORNEYS FEES AND COSTS
This Agreement shall be interpreted and construed in accordance with and governed by the laws
of the State of Florida. The parties submit to the jurisdiction of any Florida state or federal court
in any action or proceeding arising out of, or relating to, this Agreement. Venue of any action to
enforce this Agreement shall be in Miami -Dade County, Florida. The parties expressly waive all
rights to trial by jury for any disputes arising from or in any way connected with this Agreement.
The parties understand and agree that this waiver is a material contract term. This Agreement is
not subject to arbitration. If any party is required to enforce the terms of this Agreement by court
proceedings or otherwise, whether or not formal legal action is required, each party shall pay its
own attorney's fees and costs.
ARTICLE 5 TERMINATION
§ 5.1 Termination for Convenience: This Agreement may be terminated by the Owner for
convenience upon thirty (30) calendar days' written notice to the Architect. In the event of such
termination, any services performed by the Architect under this Agreement shall, at the option of
the Owner, become the Owner's property, and the Architect shall be entitled to receive
compensation for any work completed pursuant to this Agreement to the satisfaction of the
Owner up through the date of termination. Under no circumstances shall Owner make payment
for services that have not been performed.
§ 5.2 Termination for Cause: This Agreement may be terminated by either party upon five (5)
calendar days' written notice to the other party should such other party fail substantially to
perform in accordance with its material terms through no fault of the party initiating the
termination. In the event the Architect abandons this Agreement or causes it to be terminated by
the Owner, the Architect shall indemnify the Owner against loss pertaining to this termination. In
the event that the Architect is terminated by the Owner for cause and it is subsequently
determined by a court of competent jurisdiction that such termination was without cause, such
termination shall thereupon be deemed a termination for convenience under Section 5.1 and the
provisions of Section 5.1 shall apply.
ARTICLE 6 COMPENSATION
§ 6.1 The Owner shall compensate the Architect for services described in Section 1.1 as set forth
in Exhibit B and below.
3
§ 6.2 COMPENSATION FOR REIMBURSABLE EXPENSES
§ 6.2.1 Reimbursable Expenses are in addition to compensation for the Architect's professional
services and include expenses incurred by the Architect and the Architect's consultants directly
related to the Project, as follows:
1. Transportation and authorized out -of -town travel and subsistence;
2. Long distance services, dedicated data and communication services, teleconferences,
Project Web sites, and extranets;
3. Owner authorized fees paid for securing approval of authorities having jurisdiction
over the Project;
4. Printing, reproductions, plots, standard form documents;
5. Postage, handling and delivery;
6. Expense of overtime work requiring higher than regular rates, if authorized in
advance by the Owner;
7. Renderings, models, mock -ups, professional photography, and presentation
materials requested by the Owner;
8. All sales taxes levied on reimbursable expenses;
9. Other similar Project- related expenditures if authorized in writing by Owner.
§ 6.3 PAYMENTS TO THE ARCHITECT
§ 6.3.1 An initial payment of $0 shall be made upon execution of this Agreement and is the
minimum payment under this Agreement. It shall be credited to the Owner's account in the final
invoice.
§ 6.3.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to
services performed. Payments are due and payable upon presentation of the Architect's invoice,
which shall be subject to Owner's approval.
§ 6.3.3 Records of Reimbursable Expenses and services performed on the basis of hourly rates
shall be available to the Owner at mutually convenient times.
Ell
ARTICLE 7 MISCELLANEOUS PROVISIONS
§ 7.1 Architect warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for Architect, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporation, individual or firm, other than a
bona fide employee working solely for Architect, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For a
breach or violation of this provision, Owner shall have the right to terminate this Agreement
without liability and, at its discretion, to deduct from the Agreement price or otherwise recover
the full amount of such fee, commission, percentage, gift or consideration.
§ 7.2 Signature of this Agreement by Architect shall act as the execution of a truth -in- negotiation
certificate stating that wage rates and other factual unit costs supporting the compensation of this
Agreement are accurate, complete, and current at the time of contracting. The original contract
price and any additions thereto shall be adjusted to exclude any significant sums by which the
Owner determines the contract price was increased due to inaccurate, incomplete or noncurrent
wage rates and other factual unit costs. All such contract adjustments must be made within one
year following the end of this Agreement.
§ 7.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns
and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this
Agreement without the written consent of the other, except that the Owner may assign this
Agreement to a lender providing financing for the Project if the lender agrees to assume the
Owner's rights and obligations under this Agreement.
§ 7.4 If the Owner requests the Architect to execute certificates, the proposed language of such
certificates shall be submitted to the Architect for review at least 14 days prior to the requested
dates of execution. If the Owner requests the Architect to execute consents reasonably required
to facilitate assignment to a lender, the Architect shall execute all such consents that are
consistent with this Agreement, provided the proposed consent is submitted to the Architect for
review at least 14 days prior to execution. The Architect shall not be required to execute
certificates or consents that would require knowledge, services or responsibilities beyond the
scope of this Agreement.
§ 7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either the Owner or Architect.
§ 7.6 The Architect shall have the right to include photographic or artistic representations of the
design of the Project among the Architect's promotional and professional materials. The
Architect shall be given reasonable access to the completed Project to make such representations.
However, the Architect's materials shall not include the Owner's confidential or proprietary
information if the Owner has previously advised the Architect in writing of the specific
information considered by the Owner to be confidential or proprietary. The Owner shall provide
professional credit for the Architect in the Owner's promotional materials for the Project.
5
§ 7.7 If the Architect or Owner receives information specifically designated by the other party as
"confidential" or "business proprietary," the receiving party shall keep such information strictly
confidential and shall not disclose it to any other person except to (1) its employees, (2) those
who need to know the content of such information in order to perform services or construction
solely and exclusively for the Project, or (3) its consultants and contractors whose contracts
include similar restrictions on the use of confidential information, (4) as required by Chapter
119, Florida Statutes.
ARTICLE 8 DEFAULT
§ 8.1 An event of default shall mean a breach of this Agreement by the Architect. Without
limiting the generality of the foregoing and in addition to those instances referred to as a breach,
an event of default shall include the following:
§ 8.1.1 Architect has not performed services on a timely basis;
§ 8.1.2 Architect has refused or failed, except in the case for which an extension of time is
provided, to supply enough properly skilled Staff personnel;
§ 8.1.3 Architect has become insolvent or has assigned the proceeds received for the benefit of
the Architect's creditors, or the Architect has taken advantage of any insolvency statute or
debtor /creditor law or if the Architect's affairs have been put in the hands of a receiver;
§ 8.1.4 Architect has failed to obtain the approval of the Owner where required by this
Agreement;
§ 8.1.5 Architect has refused or failed, except in the case for which an extension of time is
provided, to provide the Services as defined in this Agreement.
§ 8.2 In the event Architect fails to comply with the provisions of this Agreement, the Owner
may declare the Architect in default, notify the Architect in writing, and give the Architect a
reasonable time to cure the default. In no event shall the time period for curing the defect exceed
fifteen (15) business days unless otherwise agreed to by the parties. If the Architect fails to cure
the default, compensation will only be for any completed professional services. In the event
payment has been made for such professional services not completed, the Architect shall return
these sums to the Owner within ten (10) days after notice that these sums are due. Nothing in this
Section shall limit the Owner's right to terminate, at any time, pursuant to this Agreement.
§ 8.3 In an Event of Default, the Architect shall be liable for all damages resulting from the
default, including but not limited to:
§ 8.3.1 lost funding, and
§ 8.3.2 the difference between the cost associated with procuring services and the amount
actually expended by the Owner, including procurement and administrative costs.
§ 8.4 The Owner may take advantage of each and every remedy specifically existing at law or in
equity. Each and every remedy shall be in addition to every other remedy specifically given or
otherwise existing and may be exercised from time to time as often and in such order as may be
deemed expedient by the Owner. The exercise or the beginning of the exercise of one remedy
shall not be deemed to be a waiver of the right to exercise any other remedy. The Owner's rights
and remedies as set forth in this Agreement are not exclusive and are in addition to any other
rights and remedies available to the Owner in law or in equity.
ARTICLE 9 SCOPE OF THE AGREEMENT
§ 9.1 This Agreement represents the entire and integrated agreement between the Owner and the
Architect and supersedes all prior negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument signed by both Owner and
Architect.
§ 9.2 This Agreement is comprised of the following documents listed below:
1. This Agreement including Exhibits A & B.
2. The RFQ # 11- 9 -21 -2
This Agreement entered into as of the day and year first written above.
OWNER
(Signature)
211 R ,xry„ -4, ger
(Printed name and title)
ARCHITECT
(Signature)
WOMM tler, Pririipal „fir
(Printed name and title)
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City,>QliEinag
DATE: November 10, 2011
SUBJECT: Disbursement of Police Forfeiture Funds
November 17, 2011 City Commission Meeting Agenda Item _Qs„
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $7,500 to the Florida International
University — First Generation Scholarship Fund specifically for Aventura
residents. This program will serve to enhance crime prevention by facilitating
educational and employment opportunities that would otherwise not exist by
providing tuition assistance to students with limited financial means, who come
from families with no prior benefit of higher education
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1755 -11
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. roka, City Manager
FROM: =, Chief of Police
DATE: 10 November 2011
SUBJECT: Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Crime Prevention $7,500
Total Expenditure Request: $7,500
I certify that this requested expenditure complies with Florida State Statute
932.704 in that
1.- Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
Crime Prevention; A donation in the amount of $7,500 to the Florida
International University - First Generation Scholarship Fund specifically for
Aventura residents. This combined with matching funds from the state will
provide scholarships to FIU students who are Aventura residents and will be the
first generation in a family to attain a college degree. This program will serve to
enhance crime prevention by facilitating educational and employment
opportunities that would otherwise not exist, by providing tuition assistance to
students with limited financial means who come from families with no prior
benefit of higher education.
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City Manager
DATE: October 14, 2011
SUBJECT: Ordinance Amending 2011112 Charter School Fund Budget
1't Reading November 1, 2011 City Commission Meeting Agenda Item IL
2nd Reading November 17, 2011 City Commission Meeting Agenda Item _—
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance
amending the 2011/12 Charter School Fund Budget. The total amount of the
amendment is $291,000.
BACKGROUND
The attached document has been prepared to address revenue reductions imposed by
the State to balance the State Budget. Section 4.07 of the City Charter provides the " If
at any time during the fiscal year, it appears probable to the Manager that the revenues
available will be insufficient to the meet the amounts appropriated, he shall report to the
Commission without delay, indicating the estimated amounts of the deficit and his
recommendation as to the remedial action to be taken"
At the time the Commission reviewed the Charter School Budget, I had advised the
Commission that the State's budget was not finalized and although we anticipated a
loss of revenue, we did not know the full impact and we would need to review after the
first quarter of the new fiscal year. Since the beginning of the new fiscal year on July 1,
we have been monitoring the revenues from the State that fund the Charter School
Budget. Based on our meetings with the School Board staff after the State budget was
passed, I reported that it appeared that the revenues would be $300,000 less than what
was budgeted. Now that the first quarter of the year is complete, the estimates confirm
the $300,000 figure.
Attached is a budget amendment that includes the recommended action to resolve the
$300,000 loss. These amendments do not affect the classroom or impact any of the
Memo to City Commission
Page 2
programs provided at the school. A large portion ($206,000) of the expenditure
reduction is associated with lower than expected health insurance premiums.
REVENUES
1. Recognizes $306,000 loss in State funding imposed by the State Legislature.
2. Recognizes additional $5,000 from Misc. Revenues.
3. Recognizes $10,000 additional allocation from reserve funds to partially offset
the loss of State funding.
EXPENDITURES
1. Reduces health Insurance expenditures by $206,000 due to lower than
expected health insurance premiums.
2. Eliminates part time vacant position of Special Projects Coordinator.
3. Recognizes $12,000 savings based on Charter School USA agreeing to
freeze its Management Fee.
4. Lower than anticipated costs associated with computer equipment purchases
resulted in a cost savings of $25,000.
5. The Contingency amount was decreased by $35,000.
As always, we will continue to closely monitor the budget throughout the fiscal year.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
EXHIBIT A
Budget Amendments
CHARTER SCHOOL FUND 190
State Shared Revenues
3359100 Florida Education Finance Program
SUBTOTAL
Misc. Income
3661900 Misc. Revenues
3999000 Beginning Surplus
SUBTOTAL
Total Amendments - Revenues
Expenditures
K-3
2301 Health
SUBTOTAL
4to8
2301 Health
SUBTOTAL
School Admin
1260 Other Support Personnel
SUBTOTAL
Operation of Plant
3148 Planning /Management Fee -CSUSA
5901 Contingency
SUBTOTAL
Capital Outlay
6402 Computer Equipment
SUBTOTAL
Total Amendments - Expenditures
5,832,000 (306,000) 5,526,000
$ 5,832,000 $ (306,000) $ 5,526,000
$ 110,000 $ 5,000 $ 115,000
399,935 10,000 409,935
$ 509,935 $ 15,000 $ 524,935
$
179,055
$
(86,000)
$
93,055
$
179,055
$
(86,000)
$
93,055
$
210,733
$
(120,000)
$
90,733
$
210,733
$
(120,000)
$
90,733
$
202,342
$
(13,000)
$
189,342
$
202,342
$
(13,000)
$
189,342
$
336,000
$
(12,000)
$
324,000
100,000
$
(35,000)
$
65,000
$
436,000
$
(47,000)
$
389,000
$
100,500
$
(25,000)
$
75,500
$
100,500
$
(25,000)
$
75,500
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2011 -05, WHICH ORDINANCE ADOPTED A
CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2011/2012 (JULY 1 — JUNE
30) BY REVISING THE 2011/2012 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the Aventura City of Excellence School and upon the recommendations of the City
Manager (and the concurrence of the Finance Director as to Accounting Principles), it is
deemed necessary to adjust, amend and implement the 2011/2012 Operating and
Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A"
attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2011 -05, which Ordinance adopted a budget for the 2011/2012 fiscal
year for the Aventura City of Excellence School by revising the 2011/2012 budget as
Ordinance No. 2011
Page 2
set forth on the attached Exhibit "A ", which exhibit is deemed incorporated by reference
as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Section 4
Effective Date
upon adoption on second reading.
This Ordinance shall be effective immediately
The foregoing Ordinance was offered by Vice Mayor Joel, who moved its
adoption on first reading. This motion was seconded by Commissioner Diamond, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
yes
Commissioner Bob Diamond
yes
Commissioner Teri Holzberg
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez Weinberg
absent
Vice Mayor Billy Joel
yes
Mayor Susan Gottlieb
yes
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Billy Joel
Mayor Susan Gottlieb
K
Ordinance No. 2011
Page 3
PASSED AND ADOPTED on first reading this 1St day November, 2011.
PASSED AND ADOPTED on second reading this 17th day of November, 2011.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
SUSAN GOTTLIEB, MAYOR
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /Wa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC NOTICE OF
PROPOSED ORDINANCE - NOVEMBER 17, 2011
in the XXXX Court,
was published in said newspaper in the issues of
11/03/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertiserpgnt for publication in the said
newspaper.
Sworn to and subscribed before me this
03 day of NOVEMBER A.D. 2011
(SEAL)
V. PEREZ personally known to me
O,ppv °Uq Notary Public State of Florida
' Cheryl H, Manner
My Commission DD793490
Expires 07118012
i >"
�r.
N
*
J
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on Thursday, the 17th day of
November, 2011, at a meeting of the City Commission of the City of
Aventura to be held at 6 p.m. in the City Commission Chamber at the
Aventura Government Center, 19200 West Country Club Drive,
Aventura, Florida, the City Commission will consider the adoption of the
following Ordinance on second reading, entitled:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011-05,
WHICH ORDINANCE ADOPTED A CHARTER SCHOOL
OPERATING AND CAPITAL BUDGET FOR THE AVENTURA
CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2011/
2012 (JULY 1 - JUNE 30) BY REVISING THE 201112012 FISCAL
YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
The proposed Ordinance may be inspected by the public at the Office of
the City Clerk, 19200 West Country Club Drive, Aventura, Florida.
Interested parties may appear at the Public Hearing and be heard with
respect to the proposed Ordinance. Any person wishing to address the
City Commission on any item at this Public Hearing may do so after the
Mayor opens the public hearing.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 305 - 466 -8901, not later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings�and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
Teresa M. Soroka, MMC City Clerk
11/3 11- 4- 132/1779813M