04-13-2004
City r~~~'-lnn
Jeffrey M. Perlow, Mayor
A ~e City of
~ventura
,0
City M"""P"
Eric M. Soroka
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob Diamond
Manny Grossman
Harry Holzberg
~
Teresa M, Soroka. CMC
City A"""'~"
Weiss Serota Helfman Pastoriza
Guedes Boniske & Cole
AGENDA
APRIL 13, 2004 6 PM
Government Center
t 9200 West Country Club Drive
Aventura, Rorida 33t80
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS:
QUASI.JUDICIAL PUBLIC HEARINGS - ptease be advised Ibat Ibe fot!owing items on Ibe Commission's agenda are
quasi-judicial io nature, If you wish to object or comment upon any oflbese items, please inform Ibe Mayor when he requests
public comments, An opportunity for pe"ons to speak on each item witl be made avaitabte after Ibe applicant and staff have
made Ibeir presentations on each item. At! testimony, inctuding public testimony and evidence, witl be made under oalb or
affmnation. Additionat!y, each pe"on who g;ves testimony may be subject to cross-examination. If you refuse eilber to be
cross-<xanained or to be sworn, your testimony wit! be given its due weight. The general public wit! not be pemaitted to
ccoos-examine witnesses, but Ibe public may request Ibe Commission to ask questions of staff or witnesses on Ibeir behalf
Persons representing organizations must present evidence of Ibeir aulbOOty to speak for Ibe organization. Further details of
Ibe q"",i-judiciat procedures may be obtained from Ibe Clerk.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A
COCKTAIL LOUNGE WITHIN PILAR RESTAURANT LOCATED AT
20475 BISCA YNE BOULEVARD, CITY OF A VENTURA; PROVIDING
FOR AN EFFECTIVE DATE.
4. AGENDA: Request for DeletionslEmergency Additions
5. ELECTION OF VICE MAYOR
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review, Items will be enacted by one motion, If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately,
A.
B.
A¡Iil13. 2004 CœmÎIIiœ MediDa
APPROVAL OF MINUTES:
March 2, 2004 Commission Meeting
March 25, 2004 Workshop Meeting
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA ACCEPTING AND ADOPTING THE
ELECTION RESULTS OF THE MARCH 9, 2004 MUNICIPAL
SPECIAL ELECTION, AS CERTIFIED BY THE MIAMI-DADE
COUNTY CANVASSING BOARD AND ATTACHED HERETO;
PROVIDING AN EFFECTIVE DATE.
(Adopts March 9, 2004 charter amendment question election results)
C.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR
PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING
SERVICES BETWEEN THE CITY OF A VENTURA AND
RONALD L. BOOK, ESQ., AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to execute revised contract for professional
legislative relations and lobbying services with Ronald L. Book)
D.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF A VENTURA AND MIAMI FITNESS
CONNECTION INC. TO PROVIDE RECREA TIONAL
PROGRAMS, ACTIVITIES, EVENTS, LEAGUES, AND
SERVICES AS SET FORTH IN RFP 04-4-5-2; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement with Miami Fitness
Connection Inc, to provide recreational programs, activities, events,
leagues and services)
E.
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2003.
F.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, PROVIDING FOR THE
APPOINTMENT BY THE COMMISSION OF TWO MEMBERS
2
A¡IilI3.2OO4CtmDùliœMediDa
TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS'
RETIREMENT PLAN AND PROVIDING AN EFFECTIVE
DATE.
(Approves the appointment by the Commission of two members to the
Police Officers' Retirement Plan Board of Trustees)
G.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT
AGREEMENT TO DESIGN AND BUILD MIDDLE SCHOOL
WING ADDITION TO A VENTURA CHARTER SCHOOL
BETWEEN THE CITY OF A VENTURA AND CHARTER
SCHOOLHOUSE DEVELOPERS, INC.; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement to design and build
middle school wing addition to Aventura Charter School)
8. ORDINANCES: FIRST READINGIPUBLIC INPUT:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2003-06, WHICH ORDINANCE ADOPTED A CHARTER
SCHOOL OPERATING AND CAPITAL BUDGET FOR THE
A VENTURA CHARTER ELEMENTARY SCHOOL FOR FISCAL
YEAR 2003/04 (JULY 1 - JUNE 30) BY REVISING THE 2003/2004
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.
9. PUBLIC HEARING: ORDINANCES: SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-12
WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2003/2004
FISCAL YEAR BY REVISING THE 2003/2004 FISCAL YEAR
OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT
"A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
10. RESOLUTIONS - PUBLIC HEARING: None
3
A¡Iil13. 2004 CtmDùIiœ MediDa
11. OTHER BUSINESS: None,
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP
APRIL 22, 2004
10 A.M.
COMMISSION MEETING
MA Y 4, 2004
6 P.M.
This meeting is open to the public, tn accordance with Ibe Americans wilb Disabilities Act of t 990, all persons who are disabled
and who need speciat accommodations to participate in Ibis meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
maner 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, wbich record inctudes tbe testimony and evidence upon which the appeal is to be
based, Agenda items may be viewed at the Office of the Ciry Clerk, City of Aventura Government Center, t9200 W. Country Club
Drive, Aventura, Rorida, 33180, Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
4
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
City commiSSi°t9~
Eric M, Soroka, I A-
City Manager,
Joanne Carr, AICP
Planning Director \ -
TO:
BY:
DATE:
March 30, 2004
SUBJECT:
Request of Scott Fredellnc. for Conditional Use Approval to allow the sale
of alcoholic beverages at a cocktail lounge within Pilar Restaurant located
at 20475 Biscayne Boulevard, Aventura (01-CU-04)
April 13, 2004 City Commission Meeting Agenda Item L
RECOMMENDATION
It is recommended that the City Commission approve the conditional use with the
following conditions:
1, This approval shall be granted exclusively to Scott Fredellnc.
2, The sale of alcoholic beverages in the cocktail lounge shall be terminated in the
event that the City Commission determines, after a public hearing, that the operation
has created andlor may tend to create a disturbance to the community. A public
hearing shall be set if the City Manager finds probable cause to believe that a
disturbance has been created, based upon complaints received or the City
Manager's observation.
3, The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale of alcoholic beverages pursuant to Section 4-3(d) of the City Code,
which is between the hours of 8:00 a,m, and 1 :00 a.m. the following day,
THE REQUEST
The applicant, Scott Fredellnc" is requesting Conditional Use approval to sell alcoholic
beverages at a cocktail lounge within the Pilar restaurant in the Promenade Shops retail
plaza at 20475 Biscayne Boulevard. Conditional use approval is required in order to
vary from the spacing and distance requirements for the sale of alcoholic beverages of
Section 4-2 (a) and (b) of the City Code. (See Exhibit #1 for letter of Intent)
SITE DATA
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY:
lEGAL DESCRIPTION
Zoning -
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Promventure Limited Partnership
Jeff Mell and Sy Chadroff on behalf
of Scott Fredellnc,
20475 Biscayne Boulevard (See Exhibit #2 for
Location Map and Exhibit #3 for Location of
Restaurant within the plaza)
Approximately 27,76 acres (entire plaza site)
Part of Tracts A, B & C, The Promenade
Shops, as recorded in Plat Book 133, Page 39
of the Public Records of Miami-Dade County,
Florida
B2 Community Business District
OP Office Park District
RMF3 Multi Family Medium Density Residential
District
Community Facilities District and
Community Business District
Medical Office District
CF
B2
MO
Retail
Office
Residential
Synagogue and Private School
Biscayne Boulevard
Future land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Medium-High Density Residential
Business and Office
Business and Office
2
Site Description - The subject site contains the Promenade Shops retail plaza
bounded by NE 203 Street and NE 207 Street to the south and north, and by NE 29
Place and Biscayne Boulevard to the east and west.
Background - Section 4-2 (a) and (b) of the City Code establishes certain spacing and
location requirements applicable to businesses selling alcoholic beverages. The Code
provides that, unless approved as a conditional use, no premises shall be used for the
sale of alcoholic beverages to be consumed on or off premises where the structure or
place or business is located less than 1500 feet from a place of business having an
existing liquor license (and not one of the uses excepted from the spacing
requirements) and 2500 feet from a religious facility or school. A liquor survey is
required to show the location of establishments with existing licenses and religious
facilities and schools. This survey has been submitted and is attached as Exhibit #4.
Certain exceptions from the spacing requirements are allowed as detailed in Section 4-
2(e) of the City Code and noted below in the analysis of this request. This application
does not meet either the spacing requirements or the exception conditions and
therefore requires conditional use approval under Section 31-73(c) of the City Code,
The Project - Pilar Restaurant requests approval to sell alcoholic beverages at a
cocktail lounge within its existing restaurant in the Promenade Shops plaza on Biscayne
Boulevard. The restaurant's leased area is 3500 square feet and contains 88 seats at
24 tables in the dining room, 10 bar stools and 6 seats in the lounge area, kitchen,
office and restrooms, An interior layout of the restaurant is attached as Exhibit #5, The
restaurant and lounge are permitted uses in the B2 zoning district. The restaurant is
currently licensed to sell beer and wine in the dining room. The owner now proposes to
sell beer, wine and liquor in both the restaurant and in the lounge, The sale of alcoholic
beverages in the restaurant area is exempted from the distance and spacing
requirements of Section 4-2; however, conditional use approval is required for sale of
alcoholic beverages in the lounge area,
The liquor survey submitted shows three establishments with existing liquor licenses
within 1500 feet of the restaurant and two religious facilities and three schools within
2500 feet. The three establishments are The Red Thai Room, Shell Gas Station and
Asaka Japanese Restaurant in the Promenade Shops Plaza. The two religious
facilities are Aventura Turnberry Jewish Center and Beth Torah. The three schools are
the Tauber School at Aventura Turnberry Jewish Center, the school at Beth Torah and
Aventura Montessori School on West Dixie Highway. The applicant has submitted
letters dated March 26, 2004 and March 30, 2004 respectively, from Aventura
Turnberry Jewish Center and Beth Torah advising that they have no objection to the
application. (See Exhibit #6 and #7 for letters) The applicant has also advised by letter
dated March 9, 2004, attached as Exhibit #8, that the Winn Dixie liquor package store
will be located within the 1500 foot distance but the store does not appear on the
survey since it had not been established as of the date of preparation of the liquor
survey,
The Aventura Police Department has confirmed that it has no crime prevention
concerns with this application.
3
ANALYSIS
Consistency with Comprehensive Master Plan -
with the City of Aventura Comprehensive Plan.
Citizen Comments - The Community Development Department has received no
written citizen comments,
The request is not inconsistent
Community Development Department Analysis
I. Chapter 4 of the Citv Code
The applicant is requesting conditional use approval for the sale of alcoholic beverages
at a cocktail lounge within a restaurant. Chapter 4 of the City Code, regulating the sale
of alcoholic beverages, requires that the establishment be at least 1500 feet from a
place of business having an existing liquor license (and not one of the uses excepted
from the spacing requirements) and 2500 feet from a religious facility or school, unless
the establishment falls within the exceptions listed in Section 4-2(e) as follows:
1. A private club conforming to the requirements of a private club as stated in the State
Beverage Law.
The cocktail lounge within the Pilar restaurant does not meet this requirement.
2. Restaurants in the B2 zoning district which serve cooked, fully course meals daily
prepared on the premises and which provides alcoholic beverages service only to
persons seated at tables.
The cocktail lounge within the Pilar restaurant does not meet this requirement for
exemption.
3, Cocktail lounges in restaurants where the restaurant seats 200 or more patrons at
tables or counters and occupies more than 4000 square feet of floor space.
The cocktail lounge within the Pilar restaurant does not meet requirement for
exemption. The restaurant seats 88 patrons and occupies 3500 square feet of floor
space.
4. Beer and wine for off-premises consumption as a grocery item.
The cocktail lounge within the Pilar restaurant does not meet this requirement for
exemption.
5, Bowling alleys with restaurants, hotels and motels with at least 100 guest rooms,
golf course clubhouses and refreshment stands, tour boats, tennis clubs and indoor
racquetball clubs, and not-for-profit theatres with live performances and 100 seats,
4
The cocktail lounge within the Pilar restaurant does not meet this requirement for
exemption.
Because the application does not fall within the exceptions and is located within 1500
feet of other establishments selling alcoholic beverages and within 2500 of a religious
facility or school, it may only be approved as a conditional use,
II. Conditional Use Approval Criteria
According to Section 31-73(c) of the City's land Development Regulations, a
Conditional Use request is evaluated using the following criteria:
1, The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the Comprehensive Plan, The establishment is
located on a parcel with business and office land use designation.
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The request for sale and service of alcoholic beverages in a cocktail lounge
within an existing restaurant will not be detrimental to or endanger the public
health, safety or general welfare,
3, The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
This request is consistent with the business community character of the
immediate neighborhood. The lounge and restaurant are located in a large retail
plaza with other restaurants and retail stores, There is a religious facility with
private school immediately to the east of the plaza, The applicant has submitted
a letter from this facility advising that it has no objection to the request for
conditional use approval.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency seNices shall exist at the City's adopted levels of seNice
or will be available concurrent with demand as provided for in the requirement of
these LOR's.
The cocktail lounge is located in a restaurant already in operation. All utilities are
currently connected to the establishment. Roadway capacity, drainage and other
necessary public facilities exist at the City's adopted levels of service or will be
available concurrent with demand as provided for in the land Development
Regulations,
5, Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
5
The cocktail lounge is located within an existing restaurant in a retail plaza with
existing ingress and egress from Biscayne Boulevard, NE 203 Street, NE 207
Street and NE 205 Street. Adequate measures therefore exist to provide ingress
and egress to the proposed use in a manner that minimizes traffic congestion in
the public streets,
6, The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this use will not impede the development of surrounding
properties for uses permitted in the zoning district. The lounge is located in an
existing restaurant in a large retail plaza. The tenant space is oriented to the
interior of the plaza and is not visible from adjacent properties,
7. The design of the proposed use shall minimize adverse affects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The tenant space for the lounge and restaurant is oriented to the interior of the
plaza and is not visible from adjacent properties. The proposed storefront is set
back approximately 560 feet from Biscayne Boulevard and 490 feet from NE 203
Street. There is existing landscaping on the streetfronts and in the interior of the
plaza.
6
RECEIVED
LAW OFFICES
Sv CHADROFF, P. A.
FEB 2 7 200~
3000 tSLAND BOULEVARD
00IIIt1I.IN!1Y Œ\IEbQIIMtNlI
UNIT "01
AVENTURA, FLORIDA 33t60
8Y CHADROFF
TELEPHONE (308) 682-9572
FAX (305) 933.2760
February 24, 2004
or. LV, °4-
Joanne Carr, AICP
Senior Planner
Community Development Department
Aventura City Hall
19200 West Country Club Drive
Aventura, Florida 33180
Re:
Pilar restaurant located at 20417 Biscayne Boulevard, Aventura, FL
Dear Ms, Carr:
This letter accompanies an application for conditional use, The applicant, Scott
Fredel, lnc" owns and operates a restaurant in the Promenade Shops at 20417
Biscayne Boulevard, The restaurant opened approximately four (4) months ago and
has operated continuously since then. The restaurant has become very popular with
the residents of Aventura and the employees of businesses in the surrounding area, It
has, in fact, become so popular that customers waiting for a table are either
inconvenienced or leave, due to the fact that no liquor is sold at the bar.
Consequently, it is necessary for the restaurant to acquire a 4COP quota alcoholic
beverage license which authorizes the sale of liquor, beer and wine, This will enable
Mr. Fredel to accommodate his customers who would like to consume liquor while
either sitting at the bar waiting for a table or at a table after being seated, I am certain
you will find that there have been no complaints about the operation of this restaurant
since its opening.
There are two (2) synagogues within the prohibited distance and we expect to file
letters from both stating that they have no objection to the granting of this conditional
use. There is also a Montessori School 2,217 feet away and there are no public
schools within the prohibited distance.
Miami-Dade County approved the water allocation when the restaurant first opened,
and of course, the use of water has been ongoing. Consequently, there is no letter
from the County regarding new water use.
I hope you will give this application careful consideration and that the conditional use
is approved by the City.
'Pi '#.:~J)I d}
! rlllll "7 f
EXHIBIT 1
01-CU-O4
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AVENTURA JEWISH CENTER
A VENTURA TURNBERRY JEWISH CENTER
BETH JACOB
Williorn W. Landa
Choirman 0' the Hoard
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Mark GonlOll
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MaTch 26, 2004
Mr. Sy Chadroff, P.A.
3000 IsllU1d Bculcward- Unit 401
Avcntura, FL 33180
Re: Pilar Restaurant
Dear Mr. Chadroff:
In response to your letter of March 9, 2004 please be advised that we
have no objcction to Pilar Restaurant expanding its beer and wine license
to include the service of Hquor.
You may submit this letter to thC' City of Aventura.
Very truly yours,
~
Executive Vice President
AB:dJ
EXHIBIT 6
01-CU-O4
26400 N.E. 3ðth A_lie . At'eø:tu~ FWrlda 33180 I'M
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BETHTIJ<AH
PAGE 01
ft":.
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I
BETH TORAH ADATH YESHURUN
BEN N Y R 0 K C ^ MP U 5
""v.n Tt"f)J n."" 31':1
2OUÐN.L26A_.___"'&S11O-11U
__AV.-.IIOG)_.' -""'11,..0lIO
March 30, 2004
City of Avel1tura
19200 W Country Qub Drive
Aventura FL 33180
Re;' Pilar Restaurant - The Promenade Shops Aventura
Dear SIr;
It has come to our attention that the Pilar Restaurant has filed an
application to permit the sale of liquor, beer and wine for consumption on
the premises.
Beth Torah Adath Yeshurun has no objection to having this permit
approved by the City of Aventura.
~
~
EXHIBIT 7
01-CU-O4
LAW OFFICES
RECEIVED
Sy CHADROFF, P. A,
UNIT 401
MAR \ 0 2004
COMMUNITY DEVELOPMENT
3000 ISLAND BOULEVARD
AVENTURA. FLORIDA 33160
SY CHADROFF
TELEPHONE (305) 682-9572
FAX (305) 933-2760
9 March 2004
Joanne Carr, AICP
Senior Planner
Community Development Department
Aventura City Hall
19200 West Country Club Drive
Aventura, Florida 33180
Re:
Pilar restaurant located at 20417 Biscayne Boulevard, A ventura, PI
Dear Ms. Carr:
This letter is an amendment to my previous letter of February 24, 2004.
The liquor survey submitted with the application did not show the proposed
Winn Dixie liquor store, which would be within 1500 feet of the restaurant,
Obviously the surveyor did not pick it up because no certificate of occupancy has
been issued and the store is not open. This letter is just to correct the record to
indicate that there is a package liquor store within the defined distance.
Pilar restaurant will not sell package goods,
EXHIBIT 8
01-CU-O4
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES AT A
COCKTAIL LOUNGE WITHIN PILAR RESTAURANT LOCATED AT
20475 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Scott Fredellnc" through Application No. 01-CU-04 is
requesting conditional use approval to allow the sale of alcoholic beverages at a
cocktail lounge within Pilar Restaurant located at 20475 Biscayne Boulevard; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
Application for Conditional Use to allow the sale of alcoholic
beverages at a cocktail lounge within Pilar Restaurant in the 82 zoning district is hereby
granted exclusively to the Applicant, subject to the conditions set out in this Resolution,
on property legally described as Parts of Tracts A, Band C of the Plat of "The
Promenade Shops" as recorded in Plat Book 133, Page 39, of the Public Records of
Resolution No, 2004--
Page 2
Miami-Dade County, more particularly described in Exhibit "A" to this resolution and
known as municipal address 20475 Biscayne Boulevard.
Section 2. Approval of the request above is subject to the following conditions:
1, This approval shall be granted exclusively to Scott Fredellnc.
2, The sale of alcoholic beverages shall be terminated in the event that the City
Commission determines, after a public hearing, that the operation has created
andlor may tend to create a disturbance to the community. A public hearing shall be
set if the City Manager finds probable cause to believe that a disturbance has been
created, based upon complaints received or the City Manager's observation.
3, The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale of alcoholic beverages pursuant to Section 4-3(d) of the City Code;
which is between the hours of 8:00 a.m. and 1 :00 p,m. the following day,
Section 3. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City,
Section 4. 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 Ken Cohen
Commissioner Robert Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M, Perlow
Resolution No. 2004--
Page 3
PASSED AND ADOPTED this 13th day of April, 2004,
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this - day of April, 2004.
CITY CLERK
~t"--
, .
APPLICANT REPRESENTATIVE AFFIDAVIT
'\~~!iI
Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and
submitted, The undersigned authorized representative of the individual or entity applying for the Development Permi~ which is identified in the
accompanying application. and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the
individuai or entity applying for the Development Permit in connection with the application, as follows:
Name
Relationship (i.e. Affomeys. ArcMects, Landscape
Arch~ects, Engineers, Lobbyists, Etc.)
SY CHffOfl..ofF
-:J6FP fV1£U
IhIO~AKY
CO ), ~ V (, íltA,J'-
ffe,t1¡;:t1Y Mil It) /KÆ;P,-
)¡ tfl/o(è SUI- vet
DfftJ FomAJ
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE
AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE
OWNER OF THE SUBJECT PROPERTY, APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS
AFFIDAVIT PURSUANT TO SEC, 31.71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,
IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE
INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE,
WITNESS MY HAND THIS M DAY OF r:&JRli,ffL '7 200.7
OWNERPROMVENTURE LIMITED PARTNERSHIP, by
JDADE, INC., ~eneral Partner
By:..Ø~;f~
(Signature)
Name: Robert E. Howard
(Print)
Asst. Secretary
By:
Title:
-W'Q'i, ¡"JIb
J
~ç:;}J"(f)f. ft FlJI./O¡f -,?'j(g- lJ
, J
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared 51( CflROl/.o Pf' as the authorized representative of the
Applicant and/of the owner of the pfOperty subject to the application, who being first by me dUIY)WOrr¡.diJ swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct, ~ f-
Ad ...f.FF NT
SWORN TO AND SUBSCRIBED BEFORE ME this'(ßdayof ~1I1fR. '7, 200Y!
Address: 3200 N. Federal Highwav
Ft. Lauderdale
FL 33306
Nota I State of Florida At LarQ.e
Printed Name of Notary ~'1 flfe-L{
My commission expires: G' ~
~""~~
BUSINESS RELATIONSHIP AFFIDAVIT.
This Affidav~ is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code, The undersigned Affiant hereby discloses that:
(mark with 'x' applicable portions only)
.~" Affiant does ÐQ! have a Business Reiationship with any member of the City Commission or any City Advisory Board to
which the application will be presented,
112,
Affiant hereby discloses that it does have a Business Reiationship with a member of the City Commission or a City
Advisory Board to which the application wili be presented, as foUows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves),
{Ii,
The nature of the Business Relationship is as foUows:
[Iii.
{liii.
[] iv,
[I v,
[I vi.
Member of City Commission or Board hoids an owner.;hip interest in excess of 1% of totai assets or capitai
stock of Applicant or Representative;
Member of City Commission or Board is a partner, co-sharehoider (as to shares of a corporation which are not
iisted on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture:
The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
A City Commissioner or Board member is a Ciient of the Applicant or Representative;
The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board
(or his or her employer) In a given calendar year,
The member of the City Commission or Board is a Customer of the Applicant or Representative and transacls
more than $25,000,00 of the business of the Applicant or Representative in a given calendar year.
WITNESSMYHANDTHIS_.....-,DAYOF February
,200!,
APPLICANT:
By:
Name:
Title:
(Signature)
(Print)
(Print)
Februery
,201J¡_,
WiTNESS MY HAND THiS 2..5..t.h DAY OF
byJJDADE, INC., General Partner
PROPERTY OWNER: PROMVENTURE LIMITED PARTNERSHIP,
By: ~ t. ~ (Signature)
Name: Rctbert E. Howard (Print)
Title: Asst. Secret ery (Print)
'The tenns 'Business Relationship,' 'Client,' 'Customer,' 'Applicant,' 'Representative" and "Interested Person' are defined in
Section 2-395 of the Aventura City Code,
7
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF 1iIII_~XOO}Broward)
Betore me, the unde"igned authonty, peroonally appeared (see below)
helshe mouted Ihis Aff~av~ for the pUf]X>ses stated therein and that It Is ttue and oorrect.
the Affiant, who being firot by me duly sworn, did swear or affirm thai
PROMVENTURE LIMJTED PARTNERSHIP
AFFIANT
--..-...-......--.... -- ---.....................-..- ----......-------..- ..-....------..----...-..-............-..--- -""-"-"---""--'-""'..-..-..----- "'-""""""'----"-.--..
STATE OFFLORIDA }
COUNTY OF MIAMI.DADE}
Before me, the underoigned authority, peroonally appeared Ji;---rf !I1e:( L
he/she exe<:uted this Aff~avit for the pUf]X>ses staled therein and thai it is true and correct.
the Affianl, who being firot by me duly sworn, did swear or affirm that
SWORN TO AND SUBSCRIBED before me thi52
..,J'~ ~~~~\Ù"J.sc>..t
o",,'.;1/'t. Ç(*I»~tO!iNu>oœ£R
. ;,~~ ~ !)!.,\~29 .
, "'ì;[!!.t¡¡. i? y"""",."",,¡Ð(I'Æo
~\\- o~';,o<> " «oT, j\) ~.c..)6
,200..,
Printed Name of Notary
My cnmmission expires:~
..--.---....--..-....-..--....--.......----....---....--...-.-..--- ---"""-"-""---"-------"---"'-.-........---.. ..---..-.-......-..----------
STATE OF FLORIDA)
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared
he/she executed this Aff~avit for the purposes stated Iherein and that It is true and correct.
the Affiant, who being firsl by me duly sworn, d~ swear or affirm Ihat
AFFIANT
SWORN TO AND SUBSCRIBED before me this - day of
,200..
Notary Publ~ Slate ot Florida At Lar¡¡e
Printed Name of Nolary
My commission expires:~
--..-.--..-.----------.............--.....-----..-......-----..-.-..--------..---...-.-..........---
STATE OF FLORIDA}
COUNTY OF MIAMI-DADE)
Before me, the undersigned aulharity, personally appeared
helshe exe<:uted this Affidav~ for Ihe purposes stated therein and that ~ is true and correct.
the Affianl, whO being first by me duly sworn, did swear or affirm that
AFFIANT
SWORN TO AND SUBSCRIBED before me this - day of
,200..,
Notary Public Slate of Florida At Lar¡¡e
Ponied Name of Notary
My commission expires:~
--------""'------"----"-"'-""-------"--"---"--------,
--------....------............-........-......-
8
"i';t~
.
BUSINESS RELATIONSHIP AFFIDAVIT.
This Affidavit is made pu..uant to Section 31-71(b)(2)(ii) of the City of Aventu'a Land Development Code. The unde..igned Affiant hereby discloses that:
(marK with 'x' jPPlicable portions only)
[\11, Affiant does ßQ! have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented,
{ ] 2,
Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City
Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves),
{Ii,
The nature of the Business Relationship is as follows:
!IIi,
[Iiii.
[I iv,
[J v,
!I vi,
Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital
stock of Applicant or Representative;
Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional worKing from the same office or for the same employer as the member of the City Commission or
Board;
A City Commissioner or Board member is a Client of the Applicant or Representative;
The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
empioyer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board
(or his or her employer) in a given calendar year;
The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000,00 of the business of the Applicant or Representative in a given calendar year,
APPliCANT;
WITNESS MY HAND THIS - DAY OF
,20O_,
By:
Name:
Title:
(Signatum)
(Print)
(Print)
PROPERTY OWNER:
WITNESS MY HAND THIS - DAY OF
By:
Name:
Title:
,200_,
(Signatum)
(Print)
(Print)
'The terms 'Business Relationship,' "Ciient,' 'Customer,' 'Applicant,' "Representative' and "Interested Person" are deffned in
Section 2-395 of the Aventurn City Code.
7
WITNESS MY HAND THIS - DAY OF
By:
CHflol1JF
Title: ffTííØP...JJf:(
e, ;r¡¡ i,t/ (s~~1
Name: I f _Ll (Print)
Title: COIJSV£,..-rftN'í' (Print)
(Print)
B
y: (Signature)
Title: (Print)
Title: (Print)
By: (Signature)
Titie: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
,200_,
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
Name: (Print)
Title: (Print)
By: (Signature
Title: (Print)
Title: (Print)
By: (Signature
Title: (Print)
Title: (Print)
By: (Signature
Title: (Print)
Title: (Print)
NOTE:
1) Use duplicate sheets if disclosure info""ation for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to See, 3 1-7 1 (b)(2)(iv)
of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect
or incomplete,
9
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Belore me, the undersigned authority, personally appeared DArJ'EL C,
hefshe executed this Aff~avit for the purposes stated therein and that n is true and correct.
, who being first by me duty sworn, did swear or affirm that
SWORN TO AND SUBSCRIBED before me this lSday 01 {'a,
,
Jeffrey Men
. Ccmun1ssIon#DDO52965NotaryPu t I r'
i! E1pu.s 5ep, 18. 2005
Booded TIuu Printed Name of Notary
/tIIonIk 1!or1dtI>g a., ~y commission expires:
,200!-
----------------.------...-......------------------------------------------------....------------------------------....------------------.......-------------------_m_m_mm--------------------------
STATE OF FLORIDA}
COUNTY OF MIAMI.DADE)
Before me, the unders~ned authority, personally appeared g.{ CHl/o/l.()FF
hefshe executed this Aff~avit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly swom, d~ swear or affirm that
AFFtANT 7.
SWORN TO AND SUBSCRtBED before me this 1""1 day 01f'f(lfi.tMLY,200_'1 : ¡J ~
Jeffrey Men (/-1J - W"
~CommJssIon#DD052965Not u Ii tate of Flori aAt"'Jll.L I I,
E1pu.s 5ep, t8, 2005 /v/~",
ST A TË'ÕF-F l --ORt~--¡-----------------------!_---------:~~~:a~~~~f~~~~~:===---------------
COUNTY OF MIAMI.DADE)
Before me, the undersigned authority, personally appeared ~ fYlE~L
he/she executed this Affidavn for the purposes stated therein and thaI it is true and correct
.,,- Jeffrey Men
Ccmun1ssIon # DD 052965
ExpIres Sep, 18, 2005
Bondrd TIm,
--------~--~.dòr" Co" Jr...
the Affiant, who being first by me duty swom, d~ swear or affirm that
SWORN TO AND SUBSCRIBED before m
...,.~ y PtlfI nc~ lit¡T H ,"">:HE"
.2m-;:r"~
. g~¡,J.' . cat~I$S!C'!NUMeëRN
. "I¡'¡ß.:ii> « ')t,,~r:2>' 0
'~'" ~jJi ~'i' MYC<."",;"'.' """"
< One" ('CT 1:"('.'" Pri ted Name f Notary
--- y commission expires:~
------------------.----------------------------------.----.-.---.-- -----------------------.--.-
STATE OF Ft.ORIOA )
COUNTY OF MIAMI-OADE)
Before me, Ihe unders~ned authority, personally appeared '--
he/she executed this Affidavit for the purposes stated therein and that n is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that
AFFIANT
SWORN TO AND SUBSCRIBED before me this - day of
,200_.
Notary Public State of Florida At larye
Printed Name 01 Notary
My commission expires:~
----.-----------------------_----__--m--__----_------------------------------------------______m- ----------
8
.--- - ~_......_-
EXHIBIT "An
Tracl3 "A", "B", aDd "C" offiwPlat:of"TIŒPROMENADE:SHOPSt',lI3record.edinPlatBook 133.
at Page 39. offuc Public Reoords of Dade County (now ~wn lIS Miami-Dade County), Less Parcel
111 tBb:n in cmin~ dox:naiJ:l Case #9&-05139 CA 01, and described M follows:
Those portions of TIacts II N and "C", TEE PROMBNADESHOPS,
according to t'b.c PW t1xrcof; ~ tecordc:d in Plut Book 13:3, !1 Page 39,
of the Pub1i~ Records of MiamiÞDade County, F1orlda, in 1hf:
Southwest ot1lt>-quam:r (S,W. 114) of Section 34, Township 51 South,
RBngc .42 East and bemg UlOrc partll;L1lMly described a:I follo~
Beginat the Southwest comer of said Tract" C"; thenœ !Ù.0Dg the West
line of Tract "C"; North 03 degrees 22.minutes 17 £~onds West a.
-distance of 13.985 meœrs (45.88 feet); 1hcnce South 88 tkgrec:s 48
mimltos 21 SQCOnd3 East adistancc: of 36.491 mcmm (119.74 feet) tD
a. point of C\~ of a circulI!!" e\!rVC ponoaycto the.North IIIlJi
having 11. mòius of 1,397.000 met= (4,5S3.32 feet); fucn.cc run
Eastaly alObg' 111e arc of said circular curve to the left through e.
central imgle of 03 degrees 34 II1ÌJ.1utC3 23 se;conàs for I\. distmce of
87.11 g mcþ,]:s (28'5.82 feet) to a. point of ~ thenœ North 87
degreel37 minutes'16 seconds East a distance of 131.452 meters
(431:1.7 reetX thence 'Nort1l &9 degœes 37 roinuws 16 secanns Eas1 a.,
di.&tance af1t 3 ,734 J:tI.Ctcn (3 73 J 4 foet): tben.œ at ong the E83t line of
saldTracts"A" ø.ud "C', South 03 degtees17minut.es 31 secoDdsEast.
a distance of 5 .024 ~ (16,48 feet); thence alDng the South]iœ of
sa..i.d Tract "C", South &7 dE:grees 37 tninutc~ 16 secot1d5 West a
cJlstançc of368,443 meters (1,208.80 feet) to the Point ofBeginnI.ng.
The City of
Aventura
-i)-
'-.,/
MINUTES
CITY COMMISSION MEETING
MARCH 2, 2004 6 p,m,
Aventura Government Center
19200 W, Country Club Drive
Aventura, Flodda 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M, Perlow, Present were Commissioners Zev Auerbach, Ken Cohen,
Bob Diamond, Manny Grossman, Vice Mayor Jay R. Beskin, Mayor Perlow, City
Manager Eric M. Soroka, City Clerk Teresa M, Soroka and City Attorney David M.
Wolpin, Commissioner Harry Holzberg was absent due to illness, As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Julie Israel led the pledge of allegiance,
3. ZONING HEARINGS: None,
4, AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Cohen, seconded by Commissioner Diamond, unanimously passed
and the following action was taken:
A,
The minutes of the February 3, 2004 Commission Meeting, and February
19,2004 Workshop Meeting were approved.
B.
Resolution No. 2004-17 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,
C.
The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $48,000
FOR THE DIVE TEAM EQUIPMENT, SWAT TEAM EQUIPMENT,
BALLISTIC HELMETS AND BIKE PATROL/STREET CRIMES UNIT
EQUIPMENT FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
D,
Resolution No, 2004-18 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE,
E,
Resolution No. 2004-19 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DESIGNATING THE CITY..QWNED PROPERTY
LOCATED AT 18375 NE 31 AVENUE AS CITY OF AVENTURA
VETERANS PARK; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
F.
Resolution No. 2004-20 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BIDICONTRACT
FOR BID NO. 04-02-13-2, YACHT CLUB WAY DRAINAGE
IMPROVEMENTS, TO DEVELOPMENT & COMMUNICATION GROUP
OF FLORIDA, INC, AT THE BID PRICE OF $132,900.00. AUTHORIZING
THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE,
G.
Resolution No. 2004-21 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE
NEIGHBORHOOD PARKS DISCRETIONARY FUNDS GRANT
APPLICATION AS DESCRIBED IN EXHIBIT "A" BETWEEN THE CITY
OF AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT IN THE
AMOUNT OF ONE MILLION ONE HUNDRED THOUSAND DOLLARS
($1,100,000) FROM THE MIAMI-DADE COUNTY SAFE
NEIGHBORHOOD PARKS BOND PROGRAM; AND AUTHORIZING
2
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE,
7. ORDINANCES: FIRST READINGIPUBLIC INPUT:
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-12 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2003/2004 FISCAL
YEAR BY REVISING THE 2003/2004 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE,
A motion for approval was offered by Commissioner Cohen, and
seconded by Commissioner Auerbach. Mr. Soroka and Finance Support
Services Director Harry Kilgore addressed the Commission's concerns.
Mayor Perlow opened the public hearing, There being no speakers, the
public hearing was closed, The motion for approval passed unanimously
by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002-24 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2002/2003 FISCAL
YEAR BY REVISING THE 2002/2003 FISCAL YEAR OPERATING AND
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Grossman and
seconded by Commissioner Diamond. Mayor Perlow opened the public
hearing, There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2004-05 was enacted,
B.
Mr. Wolpin read the following ordinance by title:
3
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-241 ENTITLED "WIRELESS TELECOMMUNICATIONS
TOWERS AND ANTENNAS" BY AMENDING SECTION 31-241 (a)
PROVIDING FOR PURPOSE; SECTION 31-241(b) PROVIDING FOR
DEFINITIONS; SECTION 31-241(c) PROVIDING FOR APPLICABILITY;
SECTION 31-241 (d) PROVIDING FOR GENERAL REQUIREMENTS
AND MINIMUM STANDARDS; SECTION 31-241(e) PROVIDING FOR
PERMITTED USES ON PUBLIC PROPERTY; SECTION 31-241(1)
PROVIDING FOR PERMITTED USES ON PRIVATE PROPERTY;
SECTION 31-241(g) PROVIDING FOR CONDITIONAL USE; SECTION
31-241 (h) PROVIDING FOR STANDARDS FOR BUILDINGS OR OTHER
EQUIPMENT FACILITIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE,
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Diamond. Joanne Carr, Planning Director, addressed
the Commission. Mayor Perlow opened the public hearing, There being
no speakers, the public hearing was closed, The motion for approval
passed unanimously by roll call vote and Ordinance No. 2004-06 was
enacted.
C.
Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE BY ENACTING A NEW POLICE PENSION PLAN AND
TRUST FUND; PROVIDING TERMS FOR IMPLEMENTATION:
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and
seconded by Commissioner Cohen. Mr. Kilgore and Robert Klaussner,
the city's pension counsel, addressed the Commission. An amendment
was offered by Commissioner Beskin and seconded by Commissioner
Diamond to provide a requirement that the plan trustees be required to
provide a fidelity bond in the amount of $1 million. The amendment
passed unanimously. Mayor Perlow opened the public hearing. There
being no speakers, the public hearing was closed. The motion for
approval, as amended, passed unanimously by roll call vote and
Ordinance No. 2004-07 was enacted,
9, RESOLUTIONS: None.
4
10.0THER BUSINESS: None,
11. PUBLIC COMMENTS: Joseph Platnick, 18071 Biscayne Boulevard.
12. REPORTS, As submitted.
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 7 p.m.
Teresa M, Soroka, CMC, 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 verbalim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based,
5
The City of MINUTES
Aventura COMMISSION WORKSHOP MEETING
-~- MARCH 25,200410 a.m.
'.«/
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order at 10 a.m. by Mayor
Jeffrey M. Perlow, Present were Commissioners lev Auerbach, Ken Cohen, Bob
Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Jay R Beskin, Mayor Perlow,
City Manager Eric M, Soroka, City Clerk Teresa M, Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
3. CULTURAL CENTER GRANT APPLICATION: (Taken out of order) Mr. Soroka
updated the Commission on the progress of this Foundation and the proposed
application, Foundation Chair Efraim Weinberg addressed Commission's concerns,
CITY MANAGER'S SUMMARY: Consensus to proceed with submission of grant
application with City's participation limited only to matching funds up to $18,000.
1. MIAMI-DADE COUNTY PROPOSED 2004 GO BOND PROGRAM: Mr. Soroka
explained this program and requested the City Commission establish a priority list of
projects to transmit to the County,
CITY MANAGER SUMMARY: Consensus to submit the following list: acquisition of
vacant land for public purposes and Waterways Park improvements.
6. MIAMI-DADE COUNTY COMMUNITY RELATIONS BOARD: (Taken out of order)
Larry D, Capp, Executive Director, and Nancy Powell, No Place for Hate
Chairperson, explained the role of this Board within the community and requested
the Commission's support of and participation in a regional CRB Board.
CITY MANAGER'S SUMMARY: City Manager to seek input from Police Chief Ribel
and discuss at a future meeting,
2. PROPOSED ETHICS PROVISIONS: In accordance with Commission's request, Mr.
Wolpin prepared and discussed a proposed revision of the City's ethics ordinance.
CITY MANAGER'S SUMMARY: Consensus that proposed ordinance be submitted
to Miami-Dade County Ethics Commission for discussion at its upcoming meeting in
April and that Ethics Commission Director's input be requested at the next
appropriate workshop meeting,
4. RON BOOK CONTRACT: Mr. Soroka recommended that Mr. Book's fees for
lobbying services be increased to $50,000 annually,
CITY MANAGER'S SUMMARY: Consensus to approve,
5, AVENTURA CHAMBER OF COMMERCE: (Vice Mayor Beskin) Vice Mayor
Beskin expressed concern that the Chamber took a position in the recent charter
amendment issue and recommended that the City withdraw its membership in that
organization,
CITY MANAGER'S SUMMARY: Commission requested that the City Manager
meet with the Chamber to determine if they are a viable organization.
Joseph Platnick addressed the Commission regarding establishing a Quiet Zone for
train whistles,
CITY MANAGER SUMMARY: City Manager to review with City consultants and report
back in 60 days as to cost and project specifications
Mr. Soroka notified the Commission that due to the renovations at the Aventura Library,
for the August and November 2004 elections, the Miami-Dade Elections Department
has advised that Precinct 103 would be moved temporarily to the Aventura Community
Center and early voting will be held at the Aventura Government Center.
7, 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 2:10 p.m.
Teresa M, Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be
based,
2
AGENDA ITEM 7-B
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ACCEPTING AND
ADOPTING THE ELECTION RESULTS OF THE MARCH 9,
2004 MUNICIPAL SPECIAL ELECTION, AS CERTIFIED
BY THE MIAMI-DADE COUNTY CANVASSING BOARD
AND ATTACHED HERETO; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on March 9, 2004, a Municipal Special Election was held in the City
of Aventura in conjunction with the Presidential Preference Primary; and
WHEREAS, Ordinance No, 98-03 provides that the City Clerk shall present a
certification of election results to the City Commission at the first meeting of the City
Commission following the election; and
WHEREAS, the Miami-Dade County Canvassing Board has canvassed and
certified the election results and this Commission wishes to adopt the election results
as certified by the Canvassing Board,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1,
The results of the March 9, 2004 Municipal Special Election, as
certified by the Miami-Dade County Canvassing Board and attached hereto, indicating
that the proposed Charter amendment was not approved by the electors, are hereby
adopted.
Section 2.
This Resolution shall become effective immediately upon its
adoption.
Resolution No. 2004--
Page 2
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 lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 13th day of April, 2004,
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
, '
CERTIFICATE OF COUNTY CANVASSING BOARD
STATE OF FLORIDA
Miami-Dade County
We, the undersigned, County Court Judge SHELLEY J, KRAVITZ, Chairperson,
County Commissioner BETTY FERGUSON, Member, and Supervisor of Elections
CONSTANCE A. KAPLAN, Member, constituting the Board of County Canvassers in and for
said County, do hereby certify that we met on the 9tli day of March, A.D" 2004, and proceeded to
publicly canvass the votes given for the question herein specified at the CITY OF A VENTURA
SPECIAL ELECTION held on the 9th day of March, A,D" 2004, as shown by the retums on
file in the office of the Supervisor of Elections, We do hereby certify from said retums as
follows:
Aventura Question
Term of office and length of service:
The City Charter currently limits City Commissioners to no more than two consecutive elected
terms and prohibits any person from serving as a combination of Mayor and Commissioner for
more than eight consecutive years, City electors have petitioned to amend the Charter to enable
Commissioners to serve for three consecutive elected terms and to allow service for up to twelve
consecutive years as a combination of Mayor and Commissioner.
Shall the Charter Amendment be adopted?
The whole number of votes cast was
3,741
,of which number:
YES received
1.050
Votes
NO received
2,691
Votes
MIAMI-DADE COUNTY CANVASSING BOARD:
~,9;;.~z
Chairperson
Date Certified: March 10.2004
County missioner BET FERGUSON
M~,
S"P~¡= "fEl,,""", ce ~AN
Member
DIVISION: CYAV #1
12:25pm Mar 10 2004
PRESIDENTIAL PREFERENCE PRIMARY, ANO SPECIAL COUNTY AND CITY ELECTIONS
MIAMI .OADE CO.JNTY, FLORIDA
MARCH 9, 2004
Page 1
PRESIDENTIAL PREFERENCE PRIMARY
DEMOCRATIC PARTY
COUNTYWIDE
Precincts C~ted
Absentee Precincts Counted
Registered Voters
Ballots Cast
PRESIDENTIAL CANDIDATES
Carol Moseley Braun
Wesley Clark
Howard Dean
John Edwards
Dick Gephardt
John Kerry
Dennis J. Kucinich
Joe Lieberman
Al Sharpton
Overvotes
Unclervotes
NONPARTI SAN BALLOTS
COUNTYWIDE
Precincts C~ted
Absentee Precincts C~ted
Registered Voters
Ballots Cast
COUNTY CHARTER AMENDMENT RELATING
TO COMMENCEMENT OF TERMS OF OFFICE
YES
NO
Overvotes
Undervotes
CITY OF AVENTURA
Precincts Counted
Absentee Precincts C~ted
Registered Voters
Ballots Cast
QUESTION: TERN OF OFFICE AND
LENGTH OF SERVICE
YES
NO
Overvotes
Undervotes
8 100.00%
2 100.00%
8,109 100.00%
2,870 35.39X
16
24
34
156
16
2,310
17
145
17
0
135
0.56%
0.84%
1.18%
5.44%
0.56%
80.49X
0.59X
5.05%
0.59X
0.00%
4.70%
8 100.00%
6 100.00%
14,136 100.00%
3,951 27.95%
1,968 49.81%
1,504 38.07X
0 O.OD%
479 12.12%
8 100.00%
6 100.DD%
14,136 IDO.OO%
3,951 27.95%
I,D50 26.58%
2,691 68.11%
0 0.00%
210 5.32%
CANVASS
12:23p11 Mar 10 2004
PRESIOENTIAL PREFERENCE PRIMARY, AND SPECIAL COUNTY AND CITY ELECTIONS
MIAMI.DADE COUNTY, flORIDA
MARCH 9, 2004
Page 1
CITY OF AVENYURA
Precincts Counted 8 100.00%
Absentee Precincts Counted 6 100.00%
Registered Voters 14,136 100.00%
Ballots Cast 3,951 27.95%
QUESTION: TERM OF OFFICE AND
LENOYH OF SERVICE
A. YES 1,050 26.58%
B. NO 2,691 68.11X
Overvotes 0 D.DDX
Undervotes 210 5.32%
Precinct Reg Btts XYrn A. B. OVr Und
D102 2335 381 16.32 133 24D 0 8
D103 2278 451 19.80 140 268 0 43
DIO9 2684 490 18.26 127 351 0 12
DI11 2998 582 19.41 150 398 0 34
D112 536 215 40.11 83 119 0 13
0113 953 306 32.11 58 224 0 24
0184 2286 326 14.26 102 206 D 18
0186 66 6 9.09 3 3 0 0
RO06 D 160 ---." 29 129 0 2
RO07 0 0 0.00 0 D 0 0
DD06 0 864 ---.-- 2DD 612 0 52
0007 D 1 ---." D 1 0 D
NOD6 0 169 ---." 25 140 0 4
NO07 0 0 0.00 0 0 0 D
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City commission. ..J"\
Eric M, Soroka, City ~
April 7,2004 ~
Revision to Ronald L. Book, P ,A.
Professional Services Agreement
TO:
DATE:
SUBJECT:
April 13, 2004 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the annual fee for the subject Professional Services Agreement
be revised from $38,000 to $50,000.
BACKGROUND
In 2001, the City Commission amended the subject contract by increasing the yearly
fee to $38,000 and reducing the ability for Mr. Book to be reimbursed for expenses,
A recent survey of other cities our size, that retain Mr. Book revealed that the average
annual fee is $50,000,
Over the years, he has been instrumental in obtaining over $1,500,000 from the State
of Florida and other governmental agencies to assist the City in drainage and park
improvements as well as funding various planning studies including the preparation of
our Comprehensive Plan. In addition, he has assisted the City on special projects such
as 199th Street and charter school funding,
Based on the foregoing, it is recommended that the annual fee be increased to
$50,000.
This matter was discussed at the March workshop meeting for inclusion on this Agenda,
If you have any questions, please feel free to contact me.
EMSlja
CCO1284-04
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED CONTRACT
FOR PROFESSIONAL LEGISLATIVE RELATIONS AND
LOBBYING SERVICES BETWEEN THE CITY OF
AVENTURA AND RONALD L. BOOK, ESQ.,
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
contract for professional legislative relations and lobbying services between the City of
Aventura and Ronald L. Book, Esq,
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
moved its adoption. The motion was seconded by Commissioner
vote, the vote was as follows:
,who
Commissioner lev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2004--
Page 2
PASSED AND ADOPTED this 13th day of April, 2004.
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M, SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CONTRACT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 14th day of April, 2004
by and between the City of Aventura, a Florida Municipal Corporation ("CITY"),
and Ronald L. Book, Esq. ("BOOK"), an attorney and member of the Florida Bar,
doing business as Ronald L. Book, P.A.
THE PARTIES HERETO DO COVENANT AND AGREE AS FOllOWS:
I.
PURPOSE
The purpose of this Agreement is to provide for the CITY to retain
the professional services of BOOK for coordination of the CITY'S legislative
relations and for lobbying requirements, as described in paragraph II herein
below.
II.
SERVICES
Book shall provide all necessary legislative relations and lobbying
services to the City of Aventura,
Such services shall include work for the
purpose of securing funds and grants for various purposes from State, County,
Federal and other sources, promoting intergovernmental cooperation in
achieving the CITY'S objectives, and securing funds and grants for parks and
recreation purposes, drainage improvements, crime prevention, economic
development, and other purposes, BOOK shall regularly report the status of his
efforts to the City Manager andlor the City Attorney,
III.
COMPENSATION
A.
For all professional services by BOOK hereunder as
described in paragraph II, the CITY shall pay BOOK annual compensation of
Fifty Thousand ($50,000.00) Dollars, payable in equal monthly installments on or
before the 20th day of each month of the term hereof.
B,
In the event that an extraordinary matter arises hereunder
which itself substantially consumes the time, effort and resources otherwise
available, the CITY may, at the City Commission's discretion, provide additional
reasonable compensation to BOOK.
IV.
EFFECTIVE DATE/DURATION
This Agreement shall be effective immediately from and after April
14,2004 and shall be terminated in accordance with Section V,
V.
TERMINATION
Either party hereto, at its discretion, may terminate this contract at
any time, upon thirty (30) days advance written notice to the other. In the event
of such termination, the City shall only be obligated for costs incurred prior to the
termination notice.
VI.
PRIORITY
BOOK shall not be prohibited from representing or providing the
like services to other persons and entities beside CITY, so long as BOOK shall
avoid any representation or relation which would create an adversarial (litigation
against the City) conflict of interest, as determined by the City Attorney and City
Commission. Further, BOOK shall not take on any client or matter which would
jeopardize BOOK'S ability to devote the time. resources and effort necessary to
fulfill his obligations to CITY hereunder.
VII.
MALPRACTICE INSURANCE
BOOK shall carry lawyer's professional malpractice insurance or
other form of insurance which shall provide coverage of not less than $500,000,
VIII.
PROCESSING OF COSTS
BOOK shall be reimbursed by CITY for reasonable costs, including
travel expenses, telephone, copying fees, federal express and postage, unless
paid in advance by the CITY. Such costs shall not exceed Five Thousand
($5,000.00) Dollars on an annual basis, between the City and Book, unless
approved by the City Manager, If BOOK is traveling on behalf of several clients,
the City shall be responsible for such costs on a pro-rated and equal basis.
IX,
NOT ASSIGNABLE
This Agreement shall not be subject to assignment by either party
hereto,
IN WITNESS WHEREOF the undersigned parties have executed this
Agreement on the date indicated above.
WITNESSES:
RONALD L. BOOK, P.A.
CITY OF AVENTURA
Eric M, Soroka, City Manager
ATTEST
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
City Attorney
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
DATE:
Eric M, Soroka, ICMA-CM, Ci anag r ~
Robert M. Sherman, Director of Co Ity servl~
April 6, 2004
BY:
SUBJECT: Resolution Authorizing the City Manager to Execute the Attached
Agreement for Providing Recreational Programs, Activities, Events,
Leagues and Services with Miami Fitness Connection, Inc. as Set
Forth in RFP #04-4-5-2
April 13, 2004 City Commission Meeting Agenda Item II
Recommendation:
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached agreement for providing recreational
programs, activities, events, leagues and services as contained in the Request for
Proposals (RFP) #04-4-5-2 with Miami Fitness Connection, Inc,
Background:
In accordance with the City's purchasing ordinance, a Request for Proposals (RFP) for
providing Recreational Programs, Activities, Events, Leagues and Services was
solicited, advertised and opened on April 5, 2004, The successful firm receives 75% of
the revenues derived from registration fees for the various programs collected by the
City on a monthly basis, with the City retaining the remaining 25%,
The RFP asked for the following information:
./ Qualification and experience of personnel.
./ Firm's size, age and organization.
./ Firm's experience with providing similar recreation services.
./ Safety record,
./ Innovative ideas,
./ Firm's ability to recruit participants and coordinate and train staff.
The RFP was published on the DEMANDSTAR website, notifying over 200 interested
firms, The RFP was picked up, mailed, faxed, or downloaded by five firms:
1. Miami Fitness Connection, Inc.
2. Warren Cromartie
3. Soccer Paradise, LLC
4. Cool Kids Learn
5. Weed-A-Way
One completed RFP was received from Miami Fitness Connection, Inc. This firm
currently provides recreational programming services for Teacher Planning Day
activities, fitness classes and arts and crafts activities at the Community Recreation
Center to Severn Trent, the City's management firm, They also have provided similar
services to the City for the following recreational programs, activities, and events:
1. Halloween
2. July 4th
3. Community Center Grand Opening
4. Founders Day
5. Movie Night
6. Winter Wonderland
7. Winter Camp
8, Spring Camp
9. Youth Soccer
10, Youth T-Ball and Softball
ii.After school programming at the Charter Elementary School
This firm has demonstrated the necessary competencies meeting the requirements of
the RFP. In addition, they have provided similar services to the City over the past three
years, contributing to the overall success of the City's programming, They are
professional, dependable, and flexible to City needs, and have demonstrated the ability
to perform to City standards for all types of events and activities. This firm also carrys
the required insurance,
If you need any additional information, please feel free to contact the City Manager.
Attachments
RESOLUTION NO. 2004--
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 MIAMI
FITNESS CONNECTION INC. TO PROVIDE
RECREATIONAL PROGRAMS, ACTIVITIES, EVENTS,
LEAGUES, AND SERVICES AS SET FORTH IN RFP 04-4-
5-2; 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 Agreement
attached hereto as Exhibit "A" between the City of Aventura and Miami Fitness
Connection, Inc. to provide recreational programs, activities events, leagues, and
services as set forth in RFP 04-4-5-2.
Section 2, The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3.
adoption.
This Resolution shall become effective immediately upon its
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 lev Auerbach
Commissioner Jay R, Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No, 2004--
Page 2
PASSED AND ADOPTED this 13th day of April, 2004,
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
AGREEMENT BETWEEN CITY OF AVENTURA
AND MIAMI FITNESS CONNECTION, INC, FOR
RECREATIONAL MANAGEMENT SERVICES
THIS AGREEMENT is entered into this 13th day of April, 2004 between
the City of Aventura, a Florida municipal corporation, (CITY), and Miami Fitness
Connection, Inc, (CONTRACTOR),
WHEREAS, the CITY desires to retain the professional services of
CONTRACTOR to provide recreational management services; and
WHEREAS, the CONTRACTOR desires to provide recreational
management services to the CITY and its residents.
ARTICLE I
SCOPE OF SERVICES
The CONTRACTOR agrees to:
1,1
1.2
Provide recreational management services for residents at the City of
Aventura Founders Park, Aventura CommunitylRecreation Center and all
City Parks in accordance with the conditions and specifications as set forth
in RFP # 04-4-5-2 (attached hereto as Exhibit "A") and all existing and
future rules, regulations, and procedures relating to the usage of the City's
facilities,
1.3
Conduct recreational programs, activities, events, leagues, and services as
assigned by the City Manager, or his designee, in a professional, careful
and responsible manner with due regard for the safety of the participants
and others, during normal operating hours,
Be solely responsible, at CONTRACTOR's sole expense, for providing and
paying for all instructors, counselors, officials, coaches, uniforms, and other
personnel costs associated with recreational programs, activities, events,
leagues, and services, or as required by the CITY, at its sole discretion.
The CITY shall provide necessary maintenance, equipment and facilities
for all programs as described in Section 1,2.
1.4
Be solely responsible for securing the services of and compensating
assistants or other personnel, as may be required, to perform the
recreational services safely and adequately. CONTRACTOR shall also
advise the Community Services Director, in writing, of schedules, to which
the Community Services Director may recommend changes.
1,5
Provide all programs, activities, events, leagues, and services as directed
by the Community Services Director, at his sole discretion. The
Community Services Director shall authorize each activity, league, or
program prior to planning registration and approve all schedules prior to
the CONTRACTOR conducting registration.
1.6
Provide that all officials used by CONTRACTOR shall be certified as
approved by the Community Services Director prior to the start of each
league.
1.7
Provide that all coaches involved in youth sports or leagues shall be
certified by the NYSCA. City shall provide NYSCA classes for the
coaches, All fees shall be paid by the coach.
1.8
Provide to City at the close of registration, a list of all participants, along
with a signed CITY approved release form.
1,9
Advise the CITY, at no charge, of specific purchasing needs including all
other related supplies.
1,10 Provide all scheduling and other items and programs necessary to provide
recreational programs. CITY shall approve all uniforms prior to issuance,
CONTRACTOR shall provide CITY with any special maintenance
requirements with at least seven (7) days prior notice,
1,11 Actively supervise the daily operation of each programs, activities, events,
leagues, and services, and Contractor shall provide a minimum of one
employee on each site during all activities,
1.12 Actively supervise youth sports teams at all times. All programs shall have
a supervision ratio of not less than 1 :12 at all times, including practices. All
children shall be constantly and appropriately supervised at all times.
1,13 Recognize that all City facilities shall be available for general public use at
anytime, except for league games, or as otherwise authorized by the
Community Services Director.
1,14 Be responsible for enforcing compliance with the approved rules for all
leagues and programs. The CITY reserves the right to enact other rules, if
necessary, at its sole discretion,
1.15 Require that all officials, coaches, volunteers, and instructors undergo
background screening prior to supervising children, and furnish all reports
to the CITY. The CITY reserves the right to suspend, bar, or expel any
employee, coach, volunteer, counselor, or instructor for any reason, at its
sole discretion, without recourse from the subject person or the
CONTRACTOR,
2
2,1
2.2
2.3
2.4
2.5
2,6
ARTICLE 2
FEES AND COMPENSATION
The CONTRACTOR shall be compensated from fees collected from
participants or teams participating in recreational leagues and programs
from CONTRACTOR. All fees shall be approved by the City Manager, and
CONTRACTOR shall not alter existing fees, or introduce any new fees
without the written approval of the City Manager. CONTRACTOR shall be
paid 75% of all revenues derived from all recreational programs managed
by CONTRACTOR hereunder. Said payments shall be due and payable
by the fifteenth of each month for revenues derived from the previous
month.
CONTRACTOR shall not charge any participant for any other services not
contained in the Agreement.
All items sold by CONTRACTOR shall be approved by the Community
Services Director prior to offering any item for sale,
CONTRACTOR shall keep all books and league listslrosters in accordance
with standard accounting procedures, and shall make them available to the
CITY for inspection and audit at all times,
CONTRACTOR shall provide all other equipment necessary for office
operation.
CONTRACTOR may solicit sponsors for recreational sports leagues,
subject to CITY approval, at its sole discretion. Sponsors shall not be
solicited without the express written consent of the Community Services
Director.
ARTICLE 3
TERMINATION OF AGREEMENT
This Agreement may be terminated upon ten (10) days written notice from the
CITY at CITY's sole discretion. In the event of termination by the CITY, the
CONTRACTOR shall not be entitled to any compensation other than that earned
prior to and during the notice period. CONTRACTOR may terminate this
Agreement, at its sole discretion, by giving thirty (30) days written notice to the
CITY.
ARTICLE 4
INDEPENDENT CONTRACTOR
CONTRACTOR has control over the means and methods by which it performs
the services. CONTRACTOR, its employees and agents shall be deemed
independent contractors and not agents or employees of the CITY, and shall not
attain any rights or benefits generally afforded City employees; further,
3
CONTRACTOR, its employees and agents shall not be deemed entitled to the
CITY'S worker's compensation, insurance benefits or similar laws.
ARTICLE 5
INDEMNIFICATION CLAUSE
CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from
and against any and all claims, suits, damages, liabilities or causes of action
arising during the term of this Agreement, arising out of, related to, or in any way
connected with the performance or non-performance of any provision of this
Agreement required of the CONTRACTOR, including personal injury, loss of life
or damage to property and from and against any orders, judgment or decrees
which may be entered, and from and against all costs, attorney's fees, and
expenses incurred in and about the defense of any such claim and the
investigation thereof, However, nothing shall be deemed to indemnify CITY for
any liability or claim arising solely out of the negligent performance or failure of
performance of CITY.
6.1
6.2
6.3
6.4
ARTICLE 6
INSURANCE
CONTRACTOR shall provide, pay for, and maintain in force at all times
during the period of this Agreement, a Comprehensive General Liability
Insurance Policy with minimum bodily injury coverage of $1,000,000.00
(one million dollars) and $200,000.00 (two hundred thousand dollars)
property damage liability; workers compensation insurance as required by
State Statue, and business automobile insurance. The CONTRACTOR'S
insurance coverage shall be considered the primary carrier.
The Worker's Compensation insurance shall be at the statutory amount to
apply for all employees in compliance with the 'Workers' Compensation
Law" of the State of Florida and all applicable federal laws. In addition,
the policy(ies) must include: Employers' Liability at the statutory coverage
amount.
The Business Automobile Liability shall be with minimum limits of One
Million Dollars (1,000,000.00) per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the
Business Automobile Liability policy, without restrictive endorsements, as
filed by the Insurance SeNices Office, and must include: Owned Vehicles;
hired and Non-Owned Vehicles; and employers' Non-Ownership.
The CITY shall be named, as an additional insured on all insurance
policies the CONTRACTOR is required to provide,
4
7.1
7.2
7,3
7.4
7.5
7.6
ARTICLE 7
MISCELLANEOUS
CONTRACTOR shall, without additional expenses to CITY be responsible
for obtaining any necessary licenses and for complying with any
applicable federal, state, county, and municipal laws, ordinances, and
regulations in connection with the performance of the services specified
herein. CONTRACTOR shall take proper safety and health precautions,
including the employment of needed assistance, to protect participants,
the CITY, the public and property of others. CONTRACTOR shall be
responsible for all service performed until completion of this Agreement.
The CONTRACTOR shall not promote any privately owned business in a
CITY park facility or solicit any participant in a CITY park for any privately
owned business. It is further understood that such action(s) may result in
immediate termination of the Agreement and the forfeiture of all
compensation due to the CONTRACTOR.
CONTRACTOR shall meet with the Community Services Director or
designee, and shall attend all meetings as required,
No modification, amendment, or alteration of the terms and conditions
contained shall be effective unless contained in a written document
executed with the same formality and equal dignity herewith,
This Agreement is non-transferable or assignable, and CONTRACTOR
agrees not to transfer or assign the performance of services called for in
the Agreement.
This Agreement sets forth the full and complete understanding of the
Parties as of the effective date, and supersedes any and all negotiations,
agreements, and representations made or dated prior to this Agreement.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
5
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement on the date above:
CITY OF AVENTURA
By:
Eric M. Soroka, ICMA-CM
City Manager
ATTEST:
Teresa M. Soroka, CMC
City Clerk
APPROVED AS TO LEGAL FORM
City Attorney
CONTRACTOR
BY:~!!!.
Miami Fitness Connection, Inc,
. .
6
CITY OF AVENTURA
REQUEST FOR PROPOSALS
04-4~5~2
RECREATIONAL PROGRAMS, ACTIVITIES, EVENTS,
LEAGUES, AND SERVICES
SUBMITTAL DATE: AprilS, 20042:00 P.M.
REQUEST FOR PROPOSALS
RFP # 04-4-5-2
CITY OF AVENTURA
RECREATIONAL PROGRAMS, EVENTS, LEAGUES, AND SERVICES
The City of Aventura is requesting proposals from qualified firms to provide Recreational
Programs, Events, Leagues, and Services in the City of Aventura at the City's
Community Recreation Center, Founders Park, Aventura Charter Elementary School,
and other locations as required, Interested firms should pick-up the Request for
Proposals package at the following location:
Finance Support Services Department
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Submittals must be received no later than 2:00 p.m. on April 5, 2004 and be clearly
marked on the outside" RFP # 04-4-5.2 Recreational Programs, Events, Leagues,
and Services". Late submittals will not be accepted,
Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), public notice is hereby given
that a "Cone of Silence" is imposed concerning this City's' competitive purchasing
process, which generally prohibits communications concerning the RFP from the time of
advertisement of the RFP until the beginning of the City Commission meeting at which
the City Manager makes a written recommendation to the City Commission concerning
the competitive purchase transaction. Please see the detailed specifications for the
public solicitation for services for a statement fully disclosing the requirements of the
"Cone of Silence".
The City of Aventura reserves the right to accept or reject any andlor all proposals or
parts of proposals, to workshop or negotiate any and all proposals, to waive
irregularities, and to request re-proposals on the required materials or services,
Eric M, Soroka
City Manager
Request For Proposals
SUBJECT:
Recreational Programs, Events, Leagues, and
Services
OPENING DATE & TIME:
April 5, 2004 @ 2:00 P,M,
SUBMIT TO:
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RFP NUMBER:
04-4-5-2
INTENT
The City of Aventura, Florida is inviting the submission of proposals from qualified firms
to provide recreational programs, after school programs and activities, special events,
youth athletic leagues, and other recreational services for the City of Aventura,
BACKGROUND
The City of Aventura has a diverse population of over 27,000, and desires to engage
the services of a qualified firm to provide comprehensive recreational programs, events,
leagues, services, tournaments, and camps; including but not limited to youth and adult
sports, special events, city festivals, senior activities, fitness classes and activities, and
other services as needed, The City of Aventura is located in the northeast corner of
Miami-Dade County and is approximately 3,5 square miles in size, The City delivers a
majority of its public and community services by utilizing firms employing sound
business practices with an emphasis on excellence and effective customer service
principles.
The City operates the following parks and community facilities:
1. Founders Park, a 10 acre multi-use facility that contains an athletic field, two clay
tennis courts, fitness course, park building with restrooms, playground, shelters,
and parking for 60 cars,
2. Aventura CommunitylRecreation Center: This membership based 25,000 square
foot facility has two multi-purpose classrooms, computer center, arts and crafts
room, NCAA gymnasium, aerobics room, and fitness center in a park setting on
the Intracoastal Waterway,
3. Aventura Charter Elementary School: This school is located adjacent to the
Community Recreation Center, and is where the after school programming and
summer camp takes place.
The City is planning to open two parks in the near future:
1, Veterans Park, a 2 acre facility that contains a children's playground, open field
area; and a leash free park for pets. These two areas are separated by
landscaping and fencing,
2. Waterways Park Expansion: This project will expand the 1,5 acre site by six
acres with a lighted multi-purpose athletic field, playground, nature area, picnic
shelters, park building, and parking for 70 vehicles,
SERVICES SOUGHT
The purpose of this request for proposal is to establish the most effective and efficient
methods of providing recreational programs, activities, special events, youth athletic
leagues, and other recreational services for the City residents,
The City utilizes an automated registration system where residents can register for
programs in person or via the City's website, The successful firm will receive 75% of
the revenues derived from registration fees for the various programs collected by the
City on a monthly basis,
The proposal shall include the following information at a minimum,
1, Qualifications of firm and principals, including but not limited to: firm's history;
number of years in business; quantity of programs, events, activities, and leagues
coordinated; safety record; local availability of key personnel; demonstrated ability
to cooperate with local leisure services agencies; comply with all applicable laws
and regulations; plan, coordinate, implement, and evaluate leagues, programs, and
events,
2, Provide all necessary licenses and permits relating to general recreation
programming, athletic leagues, and special events, and conform to all applicable
laws and regulations. Proposers shall provide a complete plan detailing
aforementioned services,
3. The City of Aventura recognizes and acknowledges the fact that due to the creative
nature of recreation services and programming, evaluations of all proposals will be
based on the following criteria: creative and innovative approaches to general
recreation programming for all ages including fitness programs, senior, cultural,
and lifelong classes and activities, athletic leagues, and special events; as well as
professional experience, past performance, and letters of references from past
clients, All of these factors and all other information contained in each proposal will
be taken into consideration and evaluated.
4. The successful firm will be required to meet with any involved City department
upon request by the City Manager or his designee, The successful firm's account
representative will be available to resolve any related issues that arise during the
normal course of providing the requested services. The successful firm will be
expected to coordinate and communicate effectively with designated City
personnel. The frequency, nature, scope, and definition of the services desired by
the City may change from time to time, at the City's sole discretion.
CONTENT OF PROPOSAL
Please submit the following information, with responses numbered accordingly, on
8.5" X 11" sheets:
1, Name, address, telephone, and fax number of your firm.
2. Type of organization (Le" individual, partnership, corporation, joint venture,
etc.), year established, and address of home office if different than above,
3, Principals of the firm.
4. Person who will be responsible for City account.
5. Name, function, and qualifications of personnel in the organization who will be
involved in this project. Please note, to receive further consideration, the
contact person assigned to this project must, within the past three years, have
conducted or been solely responsible for providing comprehensive
recreational athletic services in a similar environment.
6. Provide examples of at least ten (10) recreational programs, activities, events,
camps, or leagues that the firm has provided in the last three years, Identify
those agencies and provide contact name and information of the individual at
the respective agency who was responsible for project coordination,
7. General and professional liability insurance, workers compensation,
automobile liability insurance; company name, and extent of coverages.
8, A complete list of present clients and at least three letters of recommendation,
9. Any other information you feel is appropriate to assist in the selection
process,
10, Respondents must submit five (5) copies of the proposal, one of which shall
be unbound,
11, Submittals shall be received no later than 2:00 P.M, on April 5, 2004 and
clearly marked on the outside "RFP # 04-4-5-2 Recreational Programs,
Events, Leagues, and Services Proposal".
EVALUATION OF PROPOSALS
1. A Review Committee consisting of the City Manager, Community Services Director
and Finance Director will evaluate written proposals. Evaluation will include the
following criteria:
D Qualification and experience of personnel who will be directly involved in all
elements of the work,
D Firm size, age, and organizational structure.
D Firm's experience with providing recreational services that are similar to the
requests of this RFP.
Q Safety record,
Q Innovative ideas as evidenced by the submittal.
D Ability of firm to recruit participants, coordinate and train staff, procure
equipment, and facility logistics to ensure successful recreational programs
and classes,
2. The highest ranked proposals will be identified and those firms will be requested to
make a formal presentation before the selection committee, The selected firms will
then be ranked according to the content of their presentations. The City Manager
will then recommend that the City Commission adopt a resolution authorizing the
City Manager to negotiate an agreement with the highest-ranking firm to provide
recreational programs, activities, special events, youth athletic leagues, and other
recreational services to the City of Aventura,
QUESTIONS
Questions concerning this Request For Proposal should be directed in writing to:
Eric M. Soroka, City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Issues of substance that are brought to the attention of the City will be responded to in
writing, and copies provided to all firms who have received copies of the RFP.
CITY'S RIGHTS
The City of Aventura reserves the right to accept or reject any andlor all proposals or
parts of proposals, to workshop or negotiate any and all proposals, to waive
irregularities, and to request re-proposals on the required materials or services, The
City Commission shall make a final determination and award of proposal(s),
All materials submitted in response to the Request For Proposals become the property
of the City of Aventura and will be returned only at the option of the City. The City has
the right to use any or all ideas presented in any response to the RFP, whether
amended or not, and selection or rejection of the Proposal does not affect this right,
provided however, that any submittal that has been submitted to the City Manager's
Office may be withdrawn prior to submittal opening time stated herein, upon proper
identification and signature releasing submittal documents back to the proposing firm,
CONE OF SILENCE PROVISION
A.
Notwithstanding any other provision of these specifications, the provisions of
City Code Sec, 2-260 "Cone of Silence" are applicable to this transaction,
The "Cone of Silence," as used herein, means a prohibition on any
communication regarding a particular Request For Proposal ("RFP"), Request
for Qualification ("RFQ") or bid, between:
a potential vendor, service provider, proposer, bidder, lobbyist, or
consultant, and:
the City Commission, City's professional staff including, but not
limited to, the City Manager and his or her staff, any member of the
City's selection or evaluation committee,
B.
The Cone of Silence shall be imposed upon each RFP, RFQ and bid
after the advertisement of said RFP, RFQ, or bid,
The Cone of Silence shall terminate at the beginning of the City
Commission meeting at which the City Manager makes his or her
written recommendation to the City Commission. However, if the City
Commission refers the Manager's recommendation back to the
Manager or staff for further review, the Cone of Silence shall be
reimposed until such time as the Manager makes a subsequent written
recommendation.
C,
D.
The Cone of Silence shall not apply to:
(1 )
(2)
(3)
(4)
oral communications at pre-bid conferences;
oral presentations before selection or evaluation
committees;
public presentations made to the City Commissioners
during any duly noticed public meeting;
communications in writing at any time with any City
employee, unless specifically prohibited by the applicable
RFP, RFQ or bid documents. The bidder or proposer
shall file a copy of any written communication with the
City Clerk, The City Clerk shall make copies available to
any person upon request;
(5)
(6)
(7)
(8)
(9)
(10)
(11 )
communications regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP,
RFQ or bid, provided the communication is limited strictly
to matters of process or procedure already contained in
the corresponding solicitation document;
communications with the City Attorney and his or her
staff;
duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City
Manager makes his or her written recommendation;
any emergency procurement of goods or services
pursuant to City Code;
responses to the City's request for clarification or
additional information;
contract negotiations during any duly noticed public
meeting;
communications to enable City staff to seek and obtain
industry comment or perform market research, provided
all communications related thereto between a potential
vendor, service provider, proposer, bidder, lobbyist, or
consultant and any member of the City's professional
staff including, but not limited to, the City Manager and
his or her staff are in writing or are made at a duly
noticed public meeting,
E.
Please contact the City Attorney for any questions concerning Cone of
Silence compliance.
Violation of the Cone of Silence by a particular bidder or proposer shall render
any RFP award, RFQ award or bid award to said bidder or proposer voidable
by the City Commission andlor City Manager.
F,
RFP# 04-4-5-2 Recreational Programs, Events, Leagues, and Services
1. Miami Fitness Connection
21375 Marina Cove Circle A-12
Aventura, Florida 33180
Phone: (305) 936-9482
Fax: (305) 936-9460
2. Miami Fitness Connection is a corporation and was established in 1995.
3, Oscar Sastoque, President and C.E.O
Suellen Sastoque, Vice-President
4. Shelley Blystone, Program Director
5. Oscar Sastoque, President:
. Background in Physical Education and Early Childhood
Development.
. Worked in the student activities department and early childhood
center at Miami Dade Community College.
. Certifications in HRS, Early Childhood Education, USA
Gymnastics, and NCA coaching.
. In the past 8 years, Oscar has developed a long list of clientele
throughout Dade County.
. He has successfully carried out all children's recreational and
athletic programs on Fisher Island for the past 7 years.
. Member of IDEA and the Aventura Marketing Council.
Suellen Sastoque, Vice-President:
. Graduated from the University of Miami with a Bachelor's Degree
in Business.
. Successfully managed high volume Gap locations for twelve years.
. Has a great deal of experience managing people, organizing events,
scheduling activities and programs, as well as managing the office
and all personnel on a day to day basis.
. Excellent communication and problem solving skills that would be
an asset to any recreational program.
. Member of IDEA and the Aventura Marketing Council.
Shelley Blystone, M.s.; Program Director
. Received a Bachelor's Degree from Florida State University in
Nutrition & Fitness.
. Received a Master's Degree in Exercise Physiology & Wellness
Education.
. Certified teacher with the Broward County School Board.
. Five years experience coaching various athletics within the school
system and prior experience coaching in several city athletic
programs.
. Assisted with the development of the Sawgrass Gators youth
football program from the ground up.
. Four years experience organizing and coaching competitive
cheerleading squads in various locations throughout Broward
County,
. Certified by the American College of Sports Medicine.
. Current member of AAHPERD (American Alliance for Health,
Physical Education, Recreation and Dance) which provides the
latest information in all areas of athletic and recreation activities,
. Four years experience presenting and educating colleagues at
nationwide conferences, Discussed the latest physical education
activities and technologies to help maintain innovative and creative
programming.
6. Miami Country Day School
Contact:
Betsey Kaplan
(786) 246-3800
We have been partners with Miami Country Day since 1996. We provide
athletic activities for the after school program such as; football, soccer,
basketball, gymnastics, cheerleading. We have also worked with the
school for various events such as; Teachers' Wellness Day, Students'
Wellness Day, various assemblies and reward programs for the students.
2
Fisher Island
Contact:
Liz Martinez
(305) 535-6001
Miami Fitness Connection has run all of the children's programs on the
island since 1997. The programs include private lessons in various sports
and fitness, seasonal camps and special events such as: Easter
Extravaganza, July 4th Celebration and the New Year's Eve Bash. In
addition, we organize all the family recreational activities on the island
throughout the year.
A ventura Community
Recreation Center
Contact:
Andy McQuagge
(305) 466-2734
The Aventura Community Recreation Center provides quality classes and
activities for the members. We work hand in hand with the community
center staff to create class schedules, provide quality certified instructors,
develop new program ideas, as well as assist with special events at the
community center and charter school. We provide activities for Teacher
Planning Days, as well as seasonal camps for winter and spring. We will
be running our first summer camp program this summer. There will be a
theme each week, with field trips, arts & crafts and special events
correlating to the theme,
The City of A ventura
Contact:
Ivy Rosenberg
(305) 466-8932
We have been coordinating quality events with the city for the past threíJ
years. These events include a July 4th Celebration, Winter Wonderland
and Halloween,
3
Best Buddies
Contact:
Scott Tracey
(305) 374-2233
Best Buddies provides fun events throughout the country to help raise
money for their organization. We assist with these various events, by
planning fun family activities from arts & crafts to teambuilding obstacle
courses and more. The Volvo Family Fun Fest held in Miami was the most
recent event. We provided various activity stations for children and their
families; arts & crafts, soccer, football challenge, face painting, rock
climbing wall, obstacle course, music, and games.
North County Charter School
Contact:
Elsa Bravo
(305) 681-9116
The after-care program at this u.S.A Charter School is developed and run
by Miami Fitness Connection, We have run the program for the past year.
The staff involved with the program tutors the children each day, as well
as utilizes literature and other activities to educate the children about
developing good character. The children participate in teambuilding
games, sports and special events that are created specifically to meet the
needs of the children in the program.
Coral Springs Medical Center
Contact:
Barbara Epes
(954) 344-3000
The medical center had a 20 Year Anniversary Celebration, which our
involvement included providing music and entertainment for the children
and families. In addition, we created a mural installation with the
children who survived thanks to the neonatal unit.
Shul Bal Harbour
Contact: Rabbi Aaron Rabin
(305) 868-1411
Miami Fitness Connection has been providing activities for the Shut's after
school program since 2002, We develop classes that meet the interests and
needs of the children, provide qualified instructors and ensure that the
children and parents are getting the most out of our programming,
4
Cocoplum
Contact: Yvonnia Castillo
(305) 667-7386
Cocoplum calls on Miami Fitness Connection for many of the special
events they provide for residents. The Halloween event we provide has
become extremely popular. The families can carve their own pumpkin,
take a stroll through our haunted house, or jam with the OJ and play fun
and exciting games, The residents also look forward to the summer
events we provide for the community. Complete with games, food, and
arts & crafts.
I Have a Dream Foundation
Contact: Stephanie Trump
(305) 937-7834
We have helped with various charity events for the foundation from 1997
- 2003. We created activities specifically to meet the needs of each event.
The events were for underprivileged children, so we made sure to include
games, music, and art projects that they would never forget.
Children's Home Society
Contact: Stacey Shore
(305) 710-8571
We recently teamed up with the Children's Home Society to help them
carry out a special event to raise money for the organization. The music, a
cheerleading demonstration, dancers, and games were provided to make
the event spectacular.
Miami Heat
Contact: Steve Stowe
(786) 777-4141
The Miami Heat Basketball team provides special events throughout
south Florida. We have teamed up with them to assist in making their
events, unique, fun and memorable for all who attend. We assisted the
team with a special Thanksgiving Dinner event in Liberty City, we plan
and organize teambuilding events for their summer camp programs, and
we help promote reading and making learning fun with their Read to
Succeed program,
5
Hebrew Academy
Contact: Sharon Levine
(305) 532-6421
We provide gymnastics and movement classes for the pre-K program on
Tuesdays. We have been providing this service to the academy since 2001.
The pre-K children participating in this special activity develop large
motor and movement skills with the help of music, games, and fun.
7. Miami Fitness Connection Insurance Coverage
(Please see attached copies of certificate of insurances,)
Liability Insurance:
. Company Name: Steadfast Insurance
. Coverage: 1,000,000 - 3,000,000
Workman's Comp:
. Company Name: Travelers
. Coverage: 100,000 - 500,000
Automobile:
. Company Name: State Farm
. Coverage: 100,000 - 300,000
8, Present Clients (excluding our extensive list of private clients)
Aventura Community Recreation Center
Miami Country Day School
Shul Bal Harbour
Fisher Island
I Have a Dream Foundation
Cocoplum Halloween & Summer Events
Hebrew Academy
Best Buddies
Miami Heat
North County Charter School
6
9. Miami Fitness Connection began in 1995. Through the years we have
brought quality, innovative events and programs to people throughout
Florida and beyond. We have developed a good reputation witlùn the
Aventura community and all the areas we have worked in. Members of
the community know if Miami Fitness Connection is involved there
families will be getting nothing less than the best. Clients have
appreciated our programs so much, that they have brought us to Aspen
Colorado for the past 2 years so that we could share our unique activities
with children and families there. We have strong values as a company
and continuously strive towards making our mission statement our
foundation.
Mission Statement
Miami Fitness Connection is committed to strengthening the community through
the education of the whole person. It is our goal to provide experiences that will
enhance each individual on a physical, mental, social, emotional and spiritual
level, as well as provide the individual with the knowledge to make healthy
lifestyle choices for achieving their maximum potential in the community. We
will strive to touch the lives of everyone we serve remembering the
characteristics Miami Fitness Connection was founded on; faith, hope and love.
7
March 24, 2004
Mr. Eric Soroka, City Manager
City of Aventura
Re: Recommendation for Miami Fitness Connection
Dear Mr. Soroka,
I would like to take this opportunity to provide you with my recommendation for the
Miami Fitness Connection (MFC). I have worked with MFC closely during the last three
years as they have conducted virtually all of the children's programs, parties, and special
activities for Fisher Island in that time. They have planned and staffed a wide range of
services including private and class training in gymnastics, general sports skills, and a
variety of dance techniques. They have provided holiday and customized birthday parties
as well as offering winter, spring, and summer camps and a number of after-school
programs,
Over the years, the number of families with young children has grown substantially on
Fisher Island and I am certain that MFC has played a pivotal role in providing quality
services for the children and enhancing the family environment here, Our sales staff
often cites the outstanding contributions ofMFC when marketing residential units to
prospective buyers with children, MFC's programs and activities are promoted to our
hotel guests as well,
The MFC staff is characterized by depth, skill, and professionalism and is surely the key
to MFC's success, Every counselor and instructor exercises considerable care and
provides personal attention for each child in their individual programs, As a sure
measure of their success, MFC has developed a substantial client base that return year
after year to utilize their services, No doubt, Fisher Island will continue to count on
Miami Fitness Connection for quality children's programs,
Please feel free to contact me should you have any questions or would like additional
information,
Sincerely,
lÄ3 '
Liz Ma~
Director of Membership
(305) 535-6001
One Fisher Island Drive' Fisher Island, Florida 33109-0001
Telephone: (305) 535-6076 ' Fax: (305) 604-2395
.. . MIAMI COUNTRY DAY SCHOOL
, .
. .:' Educating the Whole Child. Founded in 1938 . College Preparatory. TK-12
, ,. 601 Northeast 107th Street. Miami, Florida 3316] . (305) 759-2Rcß. Fax 305-7594871 . w\\"\\',mi,lInicotlntr\'d"y,ory;
March 23, 2004
Eric Soroka, City Manager of City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Dear Mr. Soroka,
For tbe past decade Sue lien and Oscar Sastoque's compauy, Miami Fitness
Connection has provided the highest quality services for the After School Club
Program at Miami Country Day School. Not to mention special events and Wellness
Day.
I unreserved~y r commend Suellen and Oscars Company, and I think that they
/l ".'°" U.. Id .0n1Y be a ass.et t.o,' the City of Aventura's Park and recreation program.
JI ('
.m. erflv 1, , ,
r .' I
-Be~~\aPlan ~~
: o;=¥,An" s,bt, Cluh,
\
March 22, 2004
To Whom It May Concern:
Miami Fitness Connection has been contracted by Severn Trent Services to run
programming at the Aventura Community Recreation Center for the past year.
Miami Fitness Connection has done a great job insuring all programs and special events
run at a top notch quality, Whenever needed, Miami Fitness Connection has dropped
what they're doing to help with everything we needed,
Due to the job they have done for us, I would recommend Miami Fitness Connection to
any individual or business to run programming and special events, If you have any
questions, please feel tree to contact me at 305-466-3883,
Ãd;A~) --
. Andy Mc~:ge
Severn Trent Services
Community Recreation Center Manager
City of Aventura
t~~
:::. IAI t: r-ARM IN:::,UKANLt.: LUIVlPP,Nle.i
Stale Fann Rre and eaoually Company
8SJ4005'D27-59i3
, :MIUM NUII\it:
..-..----.-..-.-----.....- .
POLICY NUMBER
..----...----..
~~fn'.= r~~~~ Boulevard
APR 27 2004 10 OCT 272004
."----'--------'-------'---- ------
4530 -2787
A
.--------- -~.
MIAMI FITNESS CONNECTION INC
7900 ISLAND BLVD STE 4
N MIAMI BEACH Fl 33160-4906
DATE DUE PLEASE PAY THIS AIIOUN
-~-THIS IS NOT A BILL. - ------- - --..~--~------
. ----CoveragesandLimits- Premiu
A
liability
Bodily Injury 100,000/300,000
Property Damage 50,000
No Fau~
Medical Payments 5,000
500 Deductible Comprehensive
500 Deductible Collision
Emergency Road Service
Car Rental & Travel Expense
80% Per Day, $500 Max
Uninsured Motor Vehicle
Bodily Injury 100,0001300,000
Total Premium
1..11",11....11,11..11....1..11,1..11....11..11",11",1..1,1
P10
C
D
G
H
R1
Your premium is based on the following. . .If not correct, contact your agent. U3
2002 FORD EXPEDITION VIN 1 FMRU15W32LA43338
CIa.. 1 H3H21 03
Drivers of vehicle in your household...
There are no male or unmarried female drivers under age 25 assigned to
this car,
Ordinary use of vehicle...
Business,
Driven over 12,000 miles annually,
Your premium has already been adjusted
by the following:
Additional Information...
Your State Farm Payment Plan number is 0392243219,
Premium Reductions
3-STAR
Antilock Brakes
Mu~icar
Antilheft
Vehicle Safety
456,
266.
43,
133.
262,
1.
11.
153,
$1,327.
713,
49,
174.
14,
73,
The claim experience on your make and model of vehicle has resu~ed in an increase to your vehicle rating group for
comprehensive andlor collision coverages.
Your Vehicle Safety Discount has been reduced for your personal injury protection and medical payments coverage,
Please see the premium adjustment message on the back of this notice for an explanation.
Driver record level(s)...
The following driver(s) and their DRIVER RECORD LEVEL are assigned to this vehicle:
explanation)
Name '- --------
OSCAR SASTOQUE ..
SUZANNE HARDING
(See back of Renewal Notice for
. DRl...._-- --
1
1
The following list of drivers is shown for informational purposes only and does not extend or expand coverage beyond that
contained in this automobile policy, Our records indicate the persons listed below are the only licensed drivers reported to us:
SUELLEN HARDING, SUZANNE HARDING, OSCAR SASTOaUE.
If the above information is inaccurate or incomplete, please contact your agent immediately to make corrections,
4-z 67 8111 6044
Tkb Þ ~ af .s'&'fIe F . ,
Agent MIKE CAMPBELL INS AGCY INC
TeleplJOne (954)454-0500
See reverse side for important informat
Please keep this part for your record,
Prepared MAR 08 2004
ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID,l~ DATEtMMIOOIYYYY)
0341795 11/20/03
PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlO
Fitness & Wellness Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
380 stevens Ave., First Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
So~ana Beach CA 92075
Phone:BOO-395-B075 Fax:B5B-5~9-0822 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A Steadfast Insurance
INSURER B'
#034~795 Mîami Fitness INSURER c'
Connection Inc. Eff: 9-22-03
21375 Marina Cove #A12 INSURER Do
Aventura FL 33180
INSURER Eo
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOl'MTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWtTH RESPECT TO \MitCH THtS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN tS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH
POLICIES, AGGREGATE LIMITS SHO'iI/N MAY HAVE BEEN REDUCED BY PAID CLAIMS,
,~; ~~I TYI'E OF INSURANCE POLtCY NUMBER ';.'l';!~Y .r,J,~ "8k~C: ~'reMN LIMITS
-"""ERAL LIABILITY EACH OCCURRENCE '1,000,000
A X ~ 3~ERCIAL GENERAL LIABILITY EOL5281395-00 09/22/03 09/22/04 PREMISES (Ea -'.o~' , 1DO, 000
- CLAIMS MADE ~ OCCUR MED EXP (Ao, DO. """"0) '2,500
A X Mîsc.Professional PERSONAL' ADV INJURY '1,000,000
GENERAL AGGREGATE '3,000,000
il'L AGG~EñE ~~ APñS, PER PRODUCTS- COMPIOPAGG 'INCLUDED
X POLICY JECT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT ,
ANY AUTO (Ea aOOdeoI)
-
- ALL OWNED AUTOS BODILY INJURY
,
SCHEDULED AUTOS (P.,.".",oo)
-
- HIRED AUTOS BODOL Y INJURY
,
NON-OWNED AUTOS (""a~"",,I)
-
PROPERTY DAMAGE ,
(Po, a~".ol)
~~QE LIABILITY AUTO ONLY - EA ACCIDENT ,
ANY AUTO OTHER THAN EAACC '
AUTDDNlY AGG ,
:5~SSlUMBRELLA LIABILITY EACH OCCURRENCE ,
OCCUR 0 ClAIMS MADE AGGREGATE ,
,
=1 ~EDUCTIBlE $
RETENTION $ $
WORKERS COMPENSATION AND TORY LIMITS lu~~-
EMPLOYERS' LIABILITY EL EACH ACCIDENT $
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED? EL DISEASE, EA EMPLOYE! $
~¡:,"::,~~:-OV~~õ'NS below ELDISEASE-POLICYLlMJT ,
OTHER
A Sexual Abuse EOL5281395-00 Occ. 100,000
Acre. 300, 000
DESCRtPTtON OF OPERATIONS I LOCATIONS/VeltCLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
It is understood and agreed that the following entity is added as an
additional insured but only as respects the operations of the named insured
except that liability resulting from the additional insureds sole negligence
CERTIFICATE HOLDER
CANCELLATION
CITYAVE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATlO'
DATE THEREOF, THE ISSUING tNSURERWlll ENDeAVOR TO MAtL ~ DAVOWRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO so SHALL
The city of Aventura
19200 W. Country Club Dr.
Aventura FL 33180
IMPOSE NO OBLIGATION OR LIABILITY DF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
Jeffrev E. Frick
ACORD 25 (2001108)
@ ACORD CORPORATION
03/02/2004 15: 01 r
CERTIFICATE OF LIABILITY INSURANCE dfa~JL "'~I~
1')I1S CER'I1FICA'Æ IS ISSUED AS A MATTER OF IIFOI8ATION
CJtIIL Y AlII) COIIfER8 NO RIGtmI UPON TIlE CERTIFICAte
HOlDeR. THIS CERTIFICATE DOES NOT AM&HD, I!XtEND OR
AI. TER THE CO1ÆRAGE ~ BY TIE POLICIÐ BaOW.
305 8207886
'l"A
œAUIII I1A
~ ,
'l!JUU>
gJ)ß/).
..""UCEJI
Tanelll:laUIII Barber of I'lðrida
1111 Park Centre alvei.
Miami PI. 33169
Phone: 305-620-0200 ......,305-620-7886
..õiiRiõ----- ---
Miami Fitness Conn"ctioll, Ine
~!j",~ ~i~l~":a~t~: 1M2
Aven1:ura FL 33180
INSURERS AFFOfIOING COVERAGE IWC .
,.........'" TraveJ.~- -we Assgll Ri"k - -
~--_.
-~----,---
_0'
-------
---.
""""'E
COViRAGES
'!liE POlICIES 0' ...UIWICE us"'" BELOW"""""" ISSUED TO THE """'0"""",, MOVE FOR THE POLICY"""'" "OO<:ATED- HO1W1'rttST_....
"". ..aU""""T, 1ÐU< OA CQNOITIQN Of "" CONmtÇTOROTHal ~rwmt.......".'10 """"""~YE"'v lIE"""" OR
MAV peRT,,", TI<E ......""". _EO BY"" POLICIeS DES......, .-... IS """""" TO ALL THe ........, ........... - CONomONS Of' SUCH
pallClES,l\GGREGATE UMOTS SHO"'" MAY HAVE"" AI!OUCEO O'f PAIO~,
I'OUCY .......
IIA
...
lIMIUI
EACH OCCIJRAO/tCE
........" {& ---
~~~~
P~~
.,.~~
'~~~AGO
'._n-
.
--
,
'--
ANT AIITO
ALl OWNED AUTOS
S<;HEoUlEO AIITOS
HIRBI AUraS
CONS"'" SINGlE ..-
t""-'"
--
B"""'VIN, UR'
"'~_'
._-
---
HOH-"",,"O .uros
BOrollY"",",'
"...-
--
---"
"""""A'" .......
(/'w-
øce.....-...... tJAlllUTt
OCCUA 0 ClAIMS MADE
AUTOOHly,"""elOiNT ,
OTt1&RTHAH ""ACe.
.')To) ONLy, AGO .
~~~
"""".!G".2!-
.
--
---
O£DUCTIOtE
AETafflON .
WOAIIEIIS _DATION."
A :="=",..,.,.,CUTM¡
QFf'ICE_," .XClUDED?
""',....,;be"""
....C'^' PR"",SI,,"S-
omER
............ <II' OOEAAtIONS, L0CA11OIIS,_' EJCl_- BY --,--
Coverage has been applied for. AppJ.i""t::i.o"," snd preaiua pa~t have been
subœtted. We are not authorized to ...s.rise """erage bas - bound until we
"",ceive fo~l notico t'~0JII the state. Unfo~t.-unately they have been
ov..rvhe.1med wi I:h subaoiss..cms and - have Dot >:eceivecl conf'iz1Iation of
cove..age, An inception dal:e at: 2/25/04 has been requøsted.
CERTIFICATE HOLDER CANCELlATION
A'VEN'J.'t'1 8ItOUlD - OF nil! -- -- PO'-' BE CNCI:UBI -- .... .......
IlATO""",""".____li".-_TO..... _MVSWNTTEH
NO""" TO TltE --TO -- _n 10 TlEl9T, -........ ro lID ,",_L
,- NO OØUGRTION OR UAIItLnY Of""""" IJPOOO THE"""""'"" AGE"'" OR
_AT1UES.
CJ:1'l" OF AVENTtIRA
2999 HE 1919'1' S'i'R2E'II
AVI!NTU1\A FL 33180
A-
L..t 1<135453
ACORD 25 (2001108)
@ ACORD CORPORATION 1988
:ffective Date: 02/25/2004
linder Number: 1776B952
THE MIAMI FITNESS CONNECTION INC
21375 MARINA COVE CIRCLE STE A12
AVENTURA FL 33180
lE: WORKERS COMPENSATION AND EMPLOYERS LIABILITY BINDER.
"his is to acknowledge receipt of an estimated or deposit premium payment and your application for coverage
- hrough the Florida Workers' Compensation Joint Underwriting Association, Inc. (FWOUA).
'he FWOUA is providing coverage under this binder for 30 days, beginning at 12:01 a.m. on the effective date
hown above. Coverage is provided under the Workers' Compensation Law of Florida only. Employers Liability
'overage is also provided subject to the following standard limits:
Bodily Injury By Accident:
$100,000 - each accident
Bodily Injury By Disease:
$500,000 - policy limit
Bodily Injury By Disease:
$100,000 - each employee
- f additional limits were requested, those limits are detailed on the following page.
'he policy issued will be written in the name of the Florida Workers Compensation Joint Underwriting
\ssociation, Inc. and services will be provided by the company listed below,
'lease retain this binder as evidence of coverage until you receive your policy.
:OMPANY:
TRAVELERS
P.O. Box 3556
Orlando FL 32802
(800) 247-7218
,GENCY:
FRED JOVE
TANENBAUM HARBER OF FLORIDA
1111 PARK CENTRE BLVD STE 222
Miami FL 33169
(305) 620-0200
'768952/60131
Bid Dètails ~ DemandStar by Onvia
Page I of2
user: Shields, Jeff
organization: City of Aventura
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Bid Information
Agency City of Aventura
- EDIT 1
Bid Type Request for Proposal
Bid Number RFP-04-4-5-2-0-2004/JS
FISCal Year 2004
Bid Writer Jeff Shields
Bid Name Recreational Programs, Activities, Events, Leagues and Services
Bid Status Awarded
Bid Status Text None
Award To
Due Daœ/Time 4/5/2004 2:00 PM Eastern
Broadcast Date 3/10/2004
Bid Bond
Project Estimated
Budget
Plan (blueprint)
Distribution Options None
Distribution Method Download and Mail
Disbibuted By DemandStar by Onvia
Distribution Noles None
Provide recreational programs, events, leagues, and services in the City of
Scope of Work Aventura at the City's Community Recreation Center, Founders Park, Aventura
Charter Elementary School, and other locations as required.
Legal Ad
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Pre-Bid Conference
Publications
Maimi Herald 3/10/2004
Documents
- EDIT 1
Bid Package Rec Programs (8 Pages, Complete)
Commodity Codes
SRV-952-24 - Cultural Administration and Promotion Services
SRV-952-59 - Human Services (Not Otherwise Classified)
SRV-961-68 - Sports Professionals Services (Including Sports and Recreational
Programs and Referee/Umpire Services)
Statistics
Planholders There are 2 plan holders this bid
Broadcast List 221 suppliers have been notified
SU~ 1 Supplemental Suppliers
Filtered No
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Member Name City of Aventura
Bid Number RFP-O4-4-5-2-0-2004/JS
Bid Name Recreational Programs, Activities, Events, Leagues and Services
Number of Documents for this 1
bid
2 Planholder(s) found.
Supplier Name'" Phone Fax Doc Count Attributes Actions
1. African American Owned
Cool Kids Learn 305 534 5339 786 524 0862 1 2, Hispanic Owned Documents
3, Small Business
4, Woman Owned
1. African American Owned
Weed-A-Way Inc (305) 693-4070 (305) 693-4040 1 2. Small Business Documents
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CITY OF AVENTURA
BID NO. 04-4-5-2
(Recreational Program Services)
SIGN IN SHEET FOR PICK-UP OF BID PACKAGE
Name of Person Name of Person Company Address Phone # Fax#
(Sianaturel (Print) (Citv/Ziø Codel (Area Codel (Area Codel
â4~(f ~ :Di~Cqo O--\c\\E.ik> 50U:..<ÕiL (::¡e&j'10L-:rc¡:rØ
.p¡"'¡2..,I':b;Sê. LLL.
~-I- ~o:,\ w.,.............., --"'(00'" c.............. ~.....4C¡E~c..~.. .c........
<:....""0.,4.:,,
'f'.....,.""d "";",,,,¡ F.},.",.~'I. ~ '3..S) '\~(. -q~ \.00
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
City Commission
ort Services Director
FROM:
BY:
Eric M, Soroka, City
~/~
Harry M, Kilgore, Fi
DATE:
April 6, 2004
SUBJECT:
Comprehensive Annual Financial Report - FY 2003/2004
April 13, 2004 City Commission Meeting Agenda Item 1 E
Recommendation
It is recommended that the City Commission approve the following motion:
"Motion to accept for filing the Comprehensive Annual Financial
Report for the fiscal year ended September 30,2003,"
Background
The Comprehensive Annual Financial Report (CAFR) was distributed to the
Mayor and Commissioners on April 7th, A memorandum was distributed along
with the CAFR.
The Rules of the Auditor General, Chapter 10,550, requires that the CAFR be
filed as an official record at a public meeting, This motion satisfies that
requirement.
A representative of Keefe McCullough & Company, the audit firm, will be
present at the meeting, However, since the CAFR is the responsibility of the
City, I respectfully request that any questions be discussed with me prior to the
meeting,
HMKlmn
f
4 Florida
Ayt.)...„
Aventura ,C4r
F LO4
.............9
Comprehensive Annual Financial Report
For the Fiscal Year Ended
September 30, 2003
4111# TROSIONIERIINO
*111,111110•0.401.41.1111111W1.kamiliallillitW.T.•0161111111111111111111.1.1,01.1.1111.1 400
.. ..—
� � '
•
r
. r 10
1 I; ; , a..
w $ c
1010t ! • ,
w
$ _ ..
r
r
r
COMPREHENSIVE ANNUAL FINANCIAL REPORT
r
OF TFIE
- CITY OF AVENTURA, FLORIDA
FOR THE YEAR ENDED
SEPTEMBER 30, 2003
•
a
Prepared By:
Finance Support Services
a
CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
TABLE OF CONTENTS
September 30, 2003
PAGES
INTRODUCTORY SECTION:
•
• Letter of Transmittal i-vi
• City Officials vii
City Governmental Structure viii
•
Certificate of Achievement of Excellence in Financial Reporting ix
r
FINANCIAL SECTION:
•
• Independent Auditors' Report 1-2
a Management's Discussion and Analysis (not covered by Independent Auditors' Report) 3-8
Basic Financial Statements:
• Government-wide Financial Statements:
•
Statement of Net Assets 9
•
Statement of Activities 10
Fund Financial Statements:
• Balance Sheet - Governmental Funds 11
Reconciliation of the Balance Sheet of Governmental Funds
• to the Statement of Net Assets 12
Statement of Revenues, Expenditures and Changes in
Fund Balances - Governmental Funds 13-14
•
Reconciliation of the Statement of Revenues,
Expenditures and Changes in Fund Balances of
• Governmental Funds to the Statement of Activities 15
Statement of Revenues, Expenditures and Change in
Fund Balance - Budget and Actual - General Fund 16-18
•
Statement of Net Assets - Proprietary Fund 19
• Statement of Operating Revenues, Expenses and Change in
Fund Net Assets - Proprietary Fund 20
• Statement of Cash Flows - Proprietary Fund 21
Notes to the Financial Statements 22-37
CITY OF AVENTURA, FLORIDA 3
COMPREHENSIVE ANNUAL FINANCIAL REPORT
TABLE OF CONTENTS
(continued)
September 30, 2003
PAGES
Combining Financial Statements: 1
Combining Balance Sheet - Nonmajor Governmental Funds 38-39
Combining Statement of Revenues, Expenditures and Changes in
Fund Balances - Nonmajor Governmental Funds 40-41
REQUIRED SUPPLEMENTARY INFORMATION:
Budgetary Schedules: 3
Schedule of Revenues, Expenditures and Changes in Fund Balances -
Budget and Actual - Special Revenue Funds 42-43
Schedule of Revenues, Expenditures and Changes in Fund Balances -
Budget and Actual - Debt Service Funds 44-45
Schedule of Revenues, Expenditures and Changes in Fund Balances -
Budget and Actual - Capital Projects Funds 46-47
OTHER FINANCIAL INFORMATION: 1
Capital Assets Used in the Operation of Governmental Funds
Schedule of Capital Assets by Function and Activity 48
Schedule of Changes in Capital Assets by Function and Activity 49
STATISTICAL SECTION (NOT COVERED BY INDEPENDENT AUDITORS' REPORT):
General Governmental Expenditures by Function 50-51
General Revenues by Source 52-53
Property Tax Levies and Collections 54-55 1
Assessed Value of Taxable Property P Y 56
Property Tax Millage Rates - Direct and Overlapping Governments 57-58
Ratio of Net Bonded Debt to Total Assessed Value and
Net Bonded Debt Per Capita 59-60
ia
Computation of Legal Debt Margin 61
Computation of Direct and Overlapping Debt 62
Ratio of Annual Debt Service Expenditures for General
Bonded Debt to Total General Governmental Expenditures 63
Estimated Value of Construction and Bank Deposits 64
or
Principal Taxpayers 65
Demographics and Miscellaneous Statistics 66
+ CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
TABLE OF CONTENTS
+ (continued)
September 30, 2003
IN PAGES
OTHER REPORTS OF INDEPENDENT AUDITORS:
+
Independent Auditors' Report on Compliance and on Internal Control
over Financial Reporting Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 67-68
a
Independent Auditors' Report on Compliance and Internal Control
over Compliance Applicable to Each Major State Financial Assistance
r Project
69-70
Schedule of Expenditures of State Financial Assistance 71
+ Independent Auditors' Report to City Management 72-73
Schedule of Findings and Questioned Costs 74
r
r
a
a
J
i
INTRODUCTORY SECTION
I
\�� ►;; City of
1 �
Aventura
,I
�` Government Center
,� '� `'\\ ��`� 19200 West Country Club Drive
�` (45x°� Aventura, Florida 33180
IJEFFREY M.PERLOW
MAYOR
ICOMMISSIONERS
March 18, 2004 ZEV AUERBACH
JAY R.BESKIN
I
KEN COHEN
To the Honorable Mayor and BOB DIAMOND
Members of the City Commission HARRY HOLZBERG
I
City of Aventura, Florida MANNYGRc GROSSMAN
Aventura, Florida
ERIC M.SOROKA
CrrY MANAGER
I In accordance with Section 11.45, Florida Statutes, and Section 4.11 of the City Charter,
submitted herewith is the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
September 30, 2003.
IThe financial statements included in this report conform to generally accepted accounting
principles in the United States (GAAP) as prescribed by the Governmental Accounting Standards
Board (GASB). The City is responsible for the accuracy of the data and the completeness and
I fairness of the presentation, including all disclosures. The financial statements have been audited
by Keefe, McCullough & Co., LLP, Certified Public Accountants. The independent auditors have
issued an unqualified opinion that this report fairly presents the financial position of the City and
Icomplies with all reporting standards noted above.
The CAFR is divided into four parts: Introductory Section, Financial Section, Statistical Section,
I and Other Reports of Independent Auditors.
The Introductory Section provides a summary of the contents of the entire report and general
information about the reporting entity. The Financial Section includes the Auditors' Opinion,
I Management's Discussion and Analysis, the Basic Financial Statements, Notes to the Financial
Statements, Combining Financial Statements, Required Supplementary Information, and Other
Financial Information, which includes other statements and schedules provided to supplement
I required financial data. The Statistical Section includes a number of tables that provide historical,
social, economic and financial trend data that offers an overview of the City's fiscal situation. This
section is not included within the scope of the Auditors' opinion or other reports.
I The independent audit of the City's financial statements was part of a state mandated "Single
Audit" designed to meet the special needs of state grantor agencies. The standards governing
Single Audit engagement require the independent auditors to report not only on the fair presentation
I of the financial statements, but also on the audited government's internal controls and compliance
with legal requirements, with special emphasis on internal controls and legal requirements involving
the administration of state financial assistance. Such reports are contained in the Other Reports of
Independent Auditors' Section.
IThe contents of this report have been modified from prior years to comply with GASB
pronouncements, including Statement No. 34, requiring the preparation of new government-wide
I financial statements on a full-accrual basis of accounting for all funds, and including Management's
Discussion and Analysis.
PHONE: 305-466-8900 • FAX: 305-466-8939
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www.cityofaventura.com
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THE REPORTING ENTITY AND ITS SERVICES
The City of Aventura was incorporated on November 7, 1995 and is a political subdivision of
the State of Florida. The City operates under a commission-manager form of government and
provides General Government, Public Safety and Community Services to its residents and business
community. The Mayor and six City Commissioners are responsible for establishing policies for r
City Government. The Mayor and Commission appoint the City Manager who is the Chief
Administrative Officer of the City and is responsible for implementing policies adopted by the
Commission.
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This report includes all of the funds and account groups for which the City of Aventura is
financially accountable. Although the Miami-Dade Board of County Commissioners, Miami-Dade
District School Board, South Florida Water Management District, Florida Inland Navigation District r
and the Everglades Project levy and collect taxes on property located within the corporate limits
of the City of Aventura, financial information on these taxing authorities is not included in this
report since each has a separate elected governing body, are legally separate and are fiscally r,
independent of the City. Annual financial reports of these units of government are available upon
request for each authority.
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ECONOMIC CONDITIONS AND OUTLOOK
The City of Aventura serves an area of approximately 3.5 square miles with an estimated r
population of approximately 27,000 residents. Prior to incorporation, the City received services
from Miami-Dade County as a part of their unincorporated municipal services taxing unit. The
City received no real property, facilities or equipment from Miami-Dade County upon
incorporation.
The City's combination of upscale residential and commercial developments results in a taxable
value of $ 4.2 billion with a land area of less than 4 square miles. This makes the City of r
Aventura's taxable value per capita of approximately $ 153,000 among the highest in the County
and State. The 2002/03 fiscal year was another active construction year for the City with a good
combination of upscale housing and commercial projects. An analysis of projects in the various r
stages of the planning and development process indicates that building activity will continue to be
geared toward similar type activities for two to three more years. The City's image as an upscale
community will be further enhanced by the changes discussed under Major Initiatives.
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MAJOR INITIATIVES
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The establishment of a new municipal government structure to meet the needs of an existing
City resident and business base has required the dedication of elected officials, the City Manager
and all employees. The foundation on which to build the government structure has emphasized
customer service, one-stop shopping and privatization where appropriate.
During the first five years of the City's existence, the City focused on the infrastructure needs
of the community. In 2002, the City Commission adopted a series of initiatives to address the need r
to develop a sense of community and respond to the changes in demographics toward a younger
community.
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These initiatives included:
• Creating a town center in the City;
• Providing an elementary school to serve the City;
• Constructing a community recreation center to provide programs for all age groups.
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Our Community Recreation Center was dedicated in February, 2003. The 25,000 square foot
facility is located in a park like setting on the waterfront and includes a full size gym, meeting
+ rooms, computer lab, exercise and aerobic facilities, and classrooms. At this time, there are 2,100
members that belong to the Center and enjoy the programs and activities that are provided at the
facility. This has surpassed our original estimates. This truly has met the goal of providing a focal
+ point for residents to meet and enjoy their leisure time.
The August 25, 2003 opening of Aventura Charter Elementary School (ACES) represented
several milestones in the City's short history. The School was the first school within the City's
boundaries and the first municipal sponsored charter school in Miami-Dade County. The School
opened at full capacity with 600 students and needed a lottery in most grades due to the
overwhelming number of applications.
The City Commission has approved plans for Phase I of the Town Center development on the
Loehmann's Plaza site. Phase I, anticipated to begin in the first quarter of 2004, will include
+ demolition of six buildings in the southeast corner of the site and construction of two residential
buildings, one eleven stories high and one seven stories high, connected by a four story parking
garage with a total of 500 condominium units and retail space on the ground floor of the north
elevation.
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To support the redevelopment of the Town Center, the City Commission approved
comprehensive plan amendments and rezonings to permit medium density residential development
+ on N.E. 188th Street. Construction of the first three condominium buildings on the street, Upton
Marian Lofts with 216 units; The Atrium at Aventura with 192 units; and Eastside at Aventura with
39 units, is expected to begin in 2004. All of these developments will include a public walkway
along the canal to the north and south of N.E. 188th Street.
The City was required to implement the reporting, disclosure and display provisions mandated
by the Government's Accounting Standards Board in its GASB No. 34, Basic Financial Statements
+ and Management's Discussion and Analysis - for State and Local Governments, for the year
beginning October 1, 2002. The new reporting model requires sweeping changes and a "new look"
for local government financial statements. The Finance Support Services Department has planned
+ for this important project for several years and has devoted significant time and financial resources
to ensure that the project was successful. The implementation project was one of the primary
focuses for the Department during this fiscal year.
FINANCIAL INFORMATION
+ Internal Accounting Control:
Management of the City is responsible for establishing and maintaining internal controls
+ designed to ensure that adequate accounting data are compiled to allow for the preparation of
financial statements in conformity with generally accepted accounting principles. Internal control
is designed to provide reasonable, but not absolute, assurance that these objectives are met. The
concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the
+ benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and
judgments by management.
All internal control evaluations occur within the above framework. We believe that the City's
internal accounting controls adequately safeguard assets and provide reasonable assurance of proper
recording of financial transactions.
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Budgetary Control:
In accordance with City Ordinance, appropriations are legally controlled at the department level.
Encumbrance accounting, under which purchase orders and other commitments for the expenditure
of monies are recorded in the accounting records was utilized throughout the fiscal year.
Overview of Financial Activity:
The accompanying financial statements reflect that the City has continued to expand its services 3
to meet the demands of its residential and business communities. A summary of the major financial
activities is included in the Management's Discussion and Analysis Section of this report.
Fund Balances:
Fund balances represent the accumulation of resources from prior years which are available to
fund future years' budgets and for use as a reserve for unexpected events in the future. The fund
balance at September 30, 2003 for the General Fund is approximately $ 11.6 million, representing
approximately 36% of the 2003/2004 budget. A major portion of this amount ($ 8.4 million) is
used to fund a capital reserve account in the 2003/2004 budget. The capital reserve account may
be allocated by the City Commission to fund budget needs in the 2003/2004 or later fiscal years.
The fund balances in each special revenue, debt service and capital projects fund are designated
for use for the specific legal purposes of each fund.
Retirement Programs:
The City contributes to three defined contribution pension plans based on employee
classifications created in accordance with Internal Revenue Code Section 401(a). The plans
currently cover all full-time employees of the City. Under these plans, the City contributes
between 13.5% and 18% of each employee's salary, depending on the employee classification.
There are no employee contributions. Employer contributions for the fiscal year ended September
30, 2003 were approximately $ 770,000.
A defined contribution pension plan provides pension benefits in return for services rendered,
provides an individual account for each participant and specifies how contributions to the
individual's account are to be determined instead of specifying the amount of benefits the individual
is to receive. Under a defined contribution pension plan, the benefits a participant will receive
depend solely on the amount contributed to the participant's account, the returns earned on
investments on those contributions, and forfeitures of other participant's benefits that may be
reallocated to such participant's account.
In order to encourage employees to supplement the defined contribution plan, a deferred
compensation program is also available to all full-time employees. Under this program, employees
may voluntarily elect to defer a portion of their salary to future years. Both programs are
administered by the ICMA Retirement Corporation under a trust agreement. The plan assets are
separate and the City does not exercise control over the assets. Therefore, the assets, liabilities and
transactions are not included in the City's financial statements.
As discussed in the Notes to the Financial Statements, the City, through collective bargaining
with the City's police officers, agreed to establish a defined benefit retirement program covering
all sworn officers. This new program is effective October 1, 2003 and will be funded by a
combination of City and employee contributions and state insurance premium taxes.
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Financing Programs and Debt Administration:
• The City currently has three outstanding long-term debt issues. At September 30, 2003, the
principal balance outstanding totaled $ 38,055,000.
• The Florida Municipal Loan Council loan is secured solely by a covenant to budget and
appropriate the required debt service payments each year. The loan is structured the same as a
,„ serial bond issue with principal payments on April 1st and interest payments on April 1st and
October 1st of each year with the final maturity on April 1, 2029. Debt service requirements
• average approximately $ 1.35 million per year over the thirty-year life of the bonds. Interest rates
range from 3.2% to 5.125% depending on maturity date.
• The Series 2000 Revenue Bonds are bank qualified debt, secured solely by a covenant to budget
and appropriate the required debt service each year. This loan is structured the same as a serial
• bond issue with annual principal payments due on October 1st of each year and semi-annual interest
+ payments on April 1st and October 1st. Debt service requirements average approximately
$ 510,000 per year over the twenty year life of the obligation. The interest rate is 5.04%.
The Series 2002 Revenue Bonds were financed through the Florida Intergovernmental Finance
+ Commission. The loan is secured solely by the covenant to budget and appropriate the required
debt service payments each year. This loan is structured the same as a serial bond issue with
principal payments due August 1st and interest payments due on February 1st and August 1st of
• each year. Interest rates range from 2.5% to 5.0% during the thirty year term of the financing.
Debt Service requirements are approximately $ 440,000 per year.
•
Cash Management:
All funds, other than restricted cash held by fiscal agents resulting from borrowing transactions,
are centrally managed through the use of a pooled cash account. During the year, all funds in the
• pooled cash accounts were held in an interest bearing checking account collateralized through the
State Treasury Public Depository program or with the Florida State Board of Administration (SBA)
investment pool. The checking account and SBA investment pool are fully insured and immediately
• available and considered as cash and cash equivalents.
With the exclusion of accounts held by fiscal agents, the total portfolio ranged from $ 5 to $ 14
million. The portfolio averaged approximately $ 9 million with interest earnings of approximately
• $ 127,000 resulting in an average tate of return of 1.4%.
Risk Management:
•
The City is insured with the Florida Municipal Insurance Trust for liability, property and
workers compensation coverage. The liability limit under the policy is $ 5,000,000.
•
OTHER INFORMATION
ft
• Independent Audit:
In accordance with Section 11.45(3)(a) (4), Florida Statutes, and Article I, Section 4.11 of the
City Charter, the City engaged the firm of Keefe, McCullough & Co., LLP, Certified Public
• Accountants, to perform the independent audit of the City's accounts and records. The independent
auditors' reports are included in the Financial and Other Reports of Independent Auditors' sections.
•
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Certificate of Achievement:
The Government Finance Officers Association of the United States and Canada (GFOA) 1
awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Aventura
for its comprehensive annual financial report (CAFR) for the fiscal year ended September 30, 2002.
The Certificate of Achievement is a prestigious national award recognizing conformance with the
highest standards for preparation of state and local government financial reports.
In order to be awarded a Certificate of Achievement, a government unit must publish an easily
readable and efficiently organized comprehensive annual financial report, whose contents conform
to program standards. The CAFR must satisfy both generally accepted accounting principles and
applicable legal requirements.
A Certificate of Achievement is valid for a period of one year only. We believe our current
report continues to conform to the Certificate of Achievement program requirements, and we are
submitting it to GFOA. 3
Acknowledgements:
The preparation of this report on a timely basis could not have been accomplished without the 1
efficient and dedicated services of the entire staff of the Finance Support Services Department. We
express our appreciation to all members of the Department who assisted and contributed to its
preparation. We also wish to thank the Mayor and City Commissioners for their interest and
support in planning and conducting the financial operations of the City in a responsible and
progressive manner.
Respectfully submitted,
3
Harry M. Kilgore, C.P.A. t
Finance Support Services Director jj�
eilloroka
City Manager
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r CITY OF AVENTURA, FLORIDA
CITY OFFICIALS
September 30, 2003
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CITY COMMISSION
Jeffrey M. Perlow, Mayor
Zev Aurebach
Jay R. Beskin
Ken Cohen
Bob Diamond
r Manny Grossman
Harry Holzberg
• CITY MANAGER
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Eric M. Soroka
" DEPARTMENT DIRECTORS
Harry M. Kilgore, Finance Support Services
Robert M. Sherman, Community Services
Teresa M. Soroka, CMC, City Clerk
Thomas E. Ribel, Police Chief
Joanne Carr, Planning Director
Noe Martinez, Building Director/Official
Dr. Katherine Bray Murphy, Charter School Principal
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CITY ATTORNEYS
Weiss Serota Helfman Pastoriza & Guedes, P.A.
CITY AUDITORS
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Keefe, McCullough & Co., LLP
Certified Public Accountants
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CITY OF AVENTURA, FLORIDA i
CITY GOVERNMENTAL STRUCTURE
September 30, 2003
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CITY COMMISSION 1
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CITY ATTORNEY CITY MANAGER CITY CLERK
Legal Services Administration Minutes
Budget Preparation Records Retention
Customer Service Clerical Support
Capital Projects
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Public Safety Community Finance Support Community
Department Development Services Services
Department Department Department
Police Planning Finance/Accounting Community Facilities 1
Patrol Zoning Purchasing Parks/Beautification
Community Relations Building Inspections Risk Management ROW/Median Maintenance
Criminal Investigations Code Enforcement Information Management Public Works
Traffic Enforcement Economic Development Personnel Mass Transit
Emergency Preparedness Occupational Licenses Special Events
Recreation/Cultural
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Charter School
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Certificate of
Achievement
- for Excellence
in Financial
Reporting
Presented to
it
City of Aventura,
Florida
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
- September 30, 2002
a A Certificate of Achievement for Excellence in Financial
✓ Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
government units and public employee retirement
systems whose comprehensive annual financial
r reports (CAFRs) achieve the highest
standards in government accounting
and financial reporting. •
[D,�" � President
Ser de049/
�P";S'
✓ Executive Director
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FINANCIAL SECTION
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KEEFE,MCCULLOUGII&CO., LLP
« CERTIFIED PUBLIC''ACCOUNTANTS
NF ANTS
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6550 NORTH FEDERAL HIGHWAY
JOSEPH D LEO,C PA
T JOHN E MCCULLWGH,C PA IREEIREDI WILLIAM 0.BENSON,CP A SUITE 410
PHOBIAS T.CARPENTER,C PA. BRIAN u.FISSILE,I:.PA. FORT LAUDERDALE,FLORIDA 33308
a STEVEN H.WOOLS.C PAanrrecm LOUIS RR PROIL o CPA. (954)771-0896
DAVInT,WHLIAMS,C PA. CYNTHIA L CALVERT,CP.A. FAX:(954)938-9353
CHRISTOPHER I.COLUNS.CPAAS A GROSS,C.P.A. E-MAIL:kmc@kmccpa.com
CHARLES K.RUMPE C PA. KEVIN R.ROACH,CP A.
a ISRAEI.J GOMFL C PA.
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a INDEPENDENT AUDITORS' REPORT
To the Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
Aventura, Florida
a
We have audited the accompanying financial statements of governmental activities, business-type
activities, each major fund and the aggregate remaining fund information of the City of Aventura,
a Florida (the City), as of and for the year ended September 30, 2003, which collectively comprise
the City's basic financial statements as listed in the table of contents. These financial statements
are the responsibility of the City's management. Our responsibility is to express an opinion on
these financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. Those standards require that
we plan and perform the audit to obtain reasonable assurance about whether the financial statements
are free of material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the basic financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by management, as well as
evaluating the overall basic financial statement presentation. We believe that our audit provides
a
a reasonable basis for our opinion.
In our opinion, the basic financial statements referred to above, present fairly, in all material
respects, the respective financial positions of the governmental activities, business-type activities,
each major fund and the aggregate remaining fund information of the City of Aventura, Florida at
September 30, 2003, and the respective changes in financial positions and cash flows, where
applicable, and the respective budgetary comparison for the General Fund, thereof for the year then
ended in conformity with accounting principles generally accepted in the United States of America.
As discussed in Note 1 to the financial statements, effective October 1, 2002, the City of
Aventura, Florida adopted Governmental Accounting Standards Board (GASB) Statement No. 34,
.. Basic Financial Statements - and Management Discussion and Analysis - For State and Local
Governments, GASB Statement No. 37, Basic Financial Statements-and Management's Discussion
and Analysis - for State and Local Governments: Omnibus, GASB Statement No. 38, Certain
Financial Statement Note Disclosures, GASB Statement No. 41, Budgetary Comparison Schedules -
A.
Perspective Differences and GASB Interpretation No. 6, Recognition and Measurement of Certain
Liabilities and Expenditures in Governmental Fund Financial Statements.
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City of Aventura, Florida
In accordance with Government Auditing Standards, we have also issued our report dated
February 10, 2004, on our consideration of the City of Aventura's internal control over financial
reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and
grants. That report is an integral part of an audit performed in accordance with Government
Auditing Standards and should be read in conjunction with this report in considering the results of
our audit.
Management's Discussion and Analysis is not a required part of the basic financial statements,
but is supplementary information required by GASB. We applied certain limited procedures, which
consist principally of inquiries of management regarding the methods of measurement and
presentation of the supplementary information. However, we did not audit the information and
express no opinion thereon.
Our audit was conducted for the purpose of forming an opinion on the basic financial statements
of the City of Aventura, Florida taken as a whole. The accompanying schedule of expenditures
of state financial assistance is presented for purposes of additional analysis as required by the
Florida Single Audit Act, and is not a required part of the basic financial statements. The
combining and individual fund statements and schedules as listed in the table of contents are also
presented for purposesof additional analysis and are not a required part of the basic financial
statements. All such information has been subjected to the auditing procedures applied in the audit
of the basic financial statements and, in our opinion, is fairly presented, in all material respects,
in relation to the basic financial statements taken as a whole.
The introductory, other financial information and statistical sections of this report have not been
subjected to the auditing procedures applied in the audit of the basic financial statements and,
accordingly, we express no opinion on them. Co.
KEEFE, McCULLOUGH & CO., LLP
Fort Lauderdale, Florida
February 10, 2004
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MANAGEMENT
DISCUSSION AND
a ANALYSIS
(NOT COVERED BY INDEPENDENT AUDITORS' REPORT)
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+ CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2003
+
Our discussion and analysis of City of Aventura, Florida's (the City) financial performance
provides an overview of the City's financial activities for the fiscal year ended September 30, 2003.
+ Please read it in conjunction with the City's financial statements, which immediately follow this
discussion.
Because the City is implementing new reporting standards for this fiscal year with significant
changes in content and structure, much of the information is not easily comparable to prior years.
However, in future years, comparisons will be more meaningful and will go further in explaining
the City's financial position and results of operations.
FINANCIAL HIGHLIGHTS
The following are the highlights of financial activity for the fiscal year ending September 30,
2003:
• The City's total net assets exceeded its liabilities at September 30, 2003 by $ 37,105,816
(net assets). Of this amount, $ 31,977,583 related to governmental activities and
$ 5,128,233 related to business-type activities.
+
• The City's revenues for governmental activities, excluding transfers, were $ 23,384,420;
expenses for governmental activities were $ 20,770,897.
+
• Revenues for the City's business-type activities, excluding transfers were $ 1,474,188;
expenses totaled $ 125,727.
+ • As of the close of the fiscal year, the City's governmental funds reported combined
ending fund balances of $ 16,814,042, a decrease of $ 7,600,742 compared with the
prior year.
• The City's bonded debt decreased by $ 595,000, all of which was for governmental
activities.
+ • The total fair value of the City's investments at September 30, 2003 was $ 500,000.
Interest rates continued their decline over the fiscal year. Interest earnings for the
General Fund were less than the amount received in fiscal year 2002.
OVERVIEW OF THE FINANCIAL STATEMENTS
This discussion and analysis is intended to serve as an introduction to the City's basic
financial statements. The basic financial statements are comprised of three components: 1)
government-wide financial statements, 2) fund financial statements, and 3) notes to the financial
+ statements. This report also contains other required supplementary information in addition to the
basic financial statements themselves.
Government-wide financial statements. The government-wide financial statements include
+ the statement of net assets and statement of activities. They are designed to provide a broad
overview of the City as a whole similar to private sector financial statements. The statement of net
assets shows the total assets and liabilities for the City with the difference being net assets. The
.. change in net assets over time may be an indicator of the City's financial health. The statement of
activities provides a breakdown of revenues and expenditures by functions, i.e. those generally
supported by taxes and intergovernmental activities. Those functions that are primarily funded
through user fees and charges are identified as business-type activities. In Aventura, the latter
+ includes the Stormwater Utility operations.
+ 3
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2003
is
The government-wide financial statements can be found on pages 9 and 10 of this report.
Fund financial statements. A fund is a grouping of related accounts that is used to maintain
control over resources that have been segregated for specific activities or objectives. The City
categorizes funds into two basic fund types: governmental funds and proprietary funds.
66�
Governmental funds (beginning on page 11) are used to account for essentially the same
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functions reported as governmental activities in the government-wide financial statements. However,
unlike the government-wide financial statements, governmental fund financial statements focus on rt
near-term inflows and outflows of spendable resources, as well as balances of spendable resources nr
available at the end of the fiscal year. Such information may be useful in evaluating a government's
near-term financing requirements. m
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Because the focus of governmental funds is narrower than that of the government-wide
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financial statements, it is useful to compare the information presented for governmental funds with
similar information presented for governmental activities in the government-wide financial
statements. By doing so, readers may better understand the long-term impact of the City's near-
term financing decisions. Both the governmental fund balance sheet and the governmental fund
statement of revenues, expenditures, and changes in fund balances provide reconciliations to
facilitate this comparison between governmental funds and governmental activities. &I
The City maintains fifteen individual governmental funds. Of this number, the General
Fund, Series 2000 Capital Construction Fund and Series 2002 Capital Construction Fund - Charter
School Building Construction Fund are considered major funds and thus are reflected separately in
the fund financial statements. All the other governmental funds are combined for presentation
purposes as nonmajor funds.
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Proprietary Fund (beginning on page 19) is the equivalent of business-type activities in the
government-wide statements. It includes the Stormwater Utility Fund. The City utilizes no Internal
Service Funds.
Notes to the financial statements. are integral to a complete understanding of both the
government-wide and fund financial statements. The notes to the financial statements can be found
on pages 22-37 of this report.
Other information:
In addition to the basic financial statements and accompanying notes, this report also presents
certain required supplementary information concerning the City's adopted budget to actual results.
Required supplementary information can be found on pages 42-47 of this report. p)
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GOVERNMENT-WIDE FINANCIAL ANALYSIS pr
As noted earlier, net assets may serve over time to be a useful indicator of a governmental
entity's financial position. In the case of the City of Aventura, assets exceeded liabilities by
$ 37,105,816 at the close of the year.
The largest portion of the City's net assets (58%) reflects its investment in capital assets Yn
(e.g., land, buildings, improvements other than buildings, infrastructure and furniture, machinery H
and equipment), less any related debt used to acquire those assets that is still outstanding. The City
uses these capital assets to provide services to citizens; consequently, these assets are not available
for future spending. Although the City's investment in its capital assets is reported net of related
debt, it should be noted that the resources needed to repay this debt must be provided from other E.
sources, since the capital assets themselves cannot be used to liquidate these liabilities. ail
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+ CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2003
+
The table below summarizes the City's net assets as of September 30, 2003:
+ City of Aventura, Florida
Net Assets
+ Governmental Business-Type
Activities Activities Total
CURRENT AND OTHER
+ ASSETS $ 20,761,992 $ 79,890 $20,841,882
CAPITAL ASSETS, net 53,399,308 5,350,003 58,749,311
+ Total assets 74,161,300 5,429,893 79,591,193
LONG-TERM LIABILITIES 37,813,249 -- 37,813,249
+ OTHER LIABILITIES 4,370,468 301,660 4,672,128
Total liabilities 42,183,717 301,660 42,485,377
+ NET ASSETS:
Invested in capital assets, net
of related debt 19,880,605 5,350,003 25,230,608
+ Restricted 5,214,557 -- 5,214,557
Unrestricted 6,882,421 (221,770) 6,660,651
Total net assets $ 31,977 583 $ 5,128,233 $ 37,105,816
+
Governmental activities. Governmental activities increased the City's net assets by
$ 3,180,560, thereby accounting for 80% of the total growth in the net assets of the City as reflected
.� in the table below:
City of Aventura, Florida
a Changes in Net Assets
Governmental Business-Type
Activities Activities Total
+
REVENUES:
Program revenues:
+ Charges for services $ 3,589,470 $ 820,826 $ 4,410,396
Operating grants and
contributions 164,260 -- 164,260
Capital grants and
+ contributions 14,523 650,000 664,523
General revenues:
Ad-valorem taxes 9,075,096 -- 9,075,096
+ Other taxes 7,272,210 -- 7,272,210
Intergovernmental revenues 2,861,600 -- 2,861,600
Interest income 246,216 3,262 249,478
Miscellaneous 161,045 -- 161,045
+
Total revenues 23,384,420 1,474,188 24,858,608
•
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CITY OF AVENTURA, FLORIDA iiii
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2003 pp
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Governmental Business-Type
Activities Activities Total
EXPENSES:
General government 2,287,133 -- 2,287,133 ts:
Public safety 10,262,009 -- 10,262,009 ro'
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Community services 4,822,153 -- 4,822,153
Debt service 1,785,364 -- 1,785,364
Fir
Stormwater Utility -- 125,727 125,727 t•
Nondepartmental 1,614,238 -- 1,614,238 W
•
Total expenses 20,770,897 125.727 20,896,624 $Q
Changes in net assets
before transfers 2,613,523 1,348,461 3,961,984 w
01
TRANSFERS 567,037 (567,037) -- W
Change in net assets 3,180,560 781,424 3,961,984
is
NET ASSETS AT BEGINNING
OF YEAR, AS RESTATED 28,797,023 4,346,809 33,143,832 r
NET ASSETS AT END
OF YEAR $ 31,977,583 $ 5,128,233 $ 37.105.816
Business-type activities. In the business-type activities, revenues, comprised mainly of S
service fees (56%), exceeded expenses for stormwater utility by $ 1,348,461.
S
iv
ANALYSIS OF THE GOVERNMENT'S FUNDS
The City of Aventura uses fund accounting to ensure and demonstrate compliance with p�
finance-related legal requirements. YY
The fund financial statements for governmental funds provide information on the near-term
inflows, outflows, and balances of spendable resources. Such information is useful in assessing the
City's financing requirements. In particular, unreserved fund balance may be useful as an indicator
of a government's net resources available for spending at the end of the fiscal year. IT
f.
The General Fund balance at September 30, 2003 was $ 11,599,485 all of which is S
unreserved but designated for subsequent years' expenditures and future projects. The Capital
Projects Fund had a fund balance of $ 4,076,098 all of which was unreserved but designated for IY
subsequent years' expenditures. Overall, governmental funds ended the year with $ 16,814,042 in
fund balance including $ 16,795,557 unreserved but designated for subsequent years' expenditures.
fM"
The City's governmental activity debt decreased by $ 595,000 due to principal payments on x`
the 1999 Series and 2000 Series debt. ilk
Fr
The City's proprietary fund is presented in more detail in the fund statements but represents
the same activities reflected in the business-type activities. In fiscal year 2003, the Stormwater
Utility Fund had operating income of$ 820,926 and operating expenses were $ 125,727, Net assets
for Stormwater Utility increased by $ 781,424. fpr
L
6
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2003
a
GENERAL FUND BUDGETARY HIGHLIGHTS
a General Fund revenues were $ 510,553 more than the final budget projections. Expenditures
were $ 11,757,183 less than final appropriations.
a The General Fund budget was amended by a total of $ 892,000. The major portion of the
amendments was to pay the cost of the building inspection services contractor because construction
activity was greater than projected. In addition, the cost of maintenance of newly completed capital
projects was greater because projects were completed earlier than anticipated. There were also
a various other budget adjustments and revisions to accommodate unforeseen expenses during the year.
CAPITAL ASSETS AND DEBT ADMINISTRATION
Capital Assets. The City's investment in capital assets for its governmental and business-
type activities as of September 30, 2003 amounts to $ 58,749,311 (net of accumulated depreciation).
City of Aventura, Florida
Capital Assets (net of accumulated depreciation)
a
Governmental Business-Type
Activities Activities Total
Land $ 14,592,603 $ -- $ 14,592,603
Buildings 27,454,840 -- 27,454,840
a Improvements other than
buildings 4,035,712 -- 4,035,712
Infrastructure 4,285,012 5,350,003 9,635,015
Furniture, machinery
and equipment 3,031,141 -- 3.031.141
Total $ 53,399,308 $ 5.350.003 $ 587. 49 311
Debt Administration. At the end of the fiscal year, the City's long-term debt totaled
$ 38,055,000. All was governmental activity debt, payable from future non ad-valorem tax
• revenues.
es ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND RATES
The State of Florida, by constitution, does not have a state personal income tax and therefore
the State operates primarily using sales, gasoline and corporate income taxes. Local governments
+ (cities, counties and school boards) primarily rely on property and a limited array of permitted other
taxes (sales, gasoline, and utilities and fees - franchise, occupational license) for their governmental
activities. For business-type and certain governmental activities (construction services and
a recreational programs), the user pays a related fee or charge associated with the service.
The adopted operating budget for fiscal year 2004 totals $ 34,242,957 million, 23% lower
than the final operating budget for fiscal year 2003. This decrease was because Capital Projects
funds resulting from the 2000 and 2002 financings were fully expended in the 2002/03 fiscal year.
The General Fund budget for fiscal year 2004 is $ 32,942,057 million, 3.6% higher than fiscal year
2003. The millage rate was the same for the seventh consecutive year and Stormwater rates
a remained constant.
ON 7
CITY OF AVENTURA, FLORIDA
MANAGEMENT'S DISCUSSION AND ANALYSIS
September 30, 2003
•
REQUESTS FOR INFORMATION
This financial report is designed to provide a general overview of the City of Aventura's
finances for all those with an interest in the City's finances. Questions concerning any of the
information provided in this report or request for additional financial information should be
addressed to the Financial Support Services Director, City of Aventura. fi
IPP
k^'
i
••
•
Y
••
•
E
r
W
8
a
.
a
.
S
4. BASIC
FINANCIAL STATEMENTS
.
.
.
.
.
•
is CITY OF AVENTURA, FLORIDA
STATEMENT OF NET ASSETS
September 30, 2003
a
,. Primary Government
a Governmental Business-Type
Activities Activities Total
ASSETS:
do
Cash and cash equivalents $ 5,346,040 $ -- $ 5,346,040
Receivables, net of allowance for uncollectibles 358,406 -- 358,406
Due from other governments 1,082,228 79,890 1,162,118
• Prepaid expenses 42,154 -- 42,154
Internal balances 300,726 (300,726) --
Capital assets (net) 53,399,308 5,350,003 58,749,311
ill
Restricted cash, cash equivalents and investments 13,175,852 — 13,175,852
Bond issue costs (net) 456,586 -- 456,586
Total assets 74,161,300 5,129,167 79,290,467
a
LIABILITIES:
Accounts payable 1,935,894 934 1,936,828
,. Accrued liabilities 711,822 -- 711,822
Retainage payable 134,642 -- 134,642
Deferred revenues 521,792 -- 521,792
Current portion of debt 900,000 -- 900,000
• Accrued interest payable 93,179 -- 93,179
Current portion of compensated absences
payable 73,139 — 73,139
do Net long-term debt:
Compensated absences payable 658,249 -- 658,249
Long-term debt (net of current portion) 37,155,000 -- 37,155,000
a
Total liabilities 42,183,717 934 42,184,651
COMMITMENTS AND
CONTINGENCIES (Note 10) -- -- —
NET ASSETS:
a Invested in capital assets (net of
related debt) 19,880,605 5,350,003 25,230,608
Restricted for:
Debt service 18,485 -- 18,485
a Capital projects 4,079,711 -- 4,079,711
Other purposes 1,116,361 -- 1,116,361
Unreserved 6,882,421 (221,770) 6,660,651
a
Total net assets $ 31,977,583 $ 5,128,233 $ 37,105,816
a
do
The accompanying notes to the financial statements are an integral part of these statements.
a 9
CITY OF AVENTURA, FLORIDA
STATEMENT OF ACTIVITIES
For the Year Ended September 30, 2003
Net(Expense)Revenue and
Program Revenues Changes in Net Assets
Operating Capital Primary Government
Charges for Grants and Grants and Govermnental Business-Type
FUNCTIONS/PROGRAMS: Expenses Services Contributions Contributions Activities Activities Total
Primary government:
Governmental activities:
General government $ 2,287,133 $ 2.629.963 $ 8,677 $ $ 351,507 $ — $ 351,507
Public safety 10.262,009 772,325 83,764 14,523 (9,391,397) -- (9,391,397)
Community services 4,822,153 187,182 71,819 — (4.563.152) — (4,563.152)
Nondepartmental 1,614,238 — .- — (1.614,238) — (1,614.238)
Interest expense 1757.317 -- — -- (1,757,317) — (1,757,317)
Other debt service costs 28,047 (28,047) — (28,047)
Total government activities 20,770,897 3,589,470 164,260 14,523 (17,002,644) -- (17,002,644)
Business-type activities:
Stonnwater utility 125,727 820,926 -- 650,000 — 1,345,199 1,345,199
Total business-type activities 125,727 820,926 — 650,000 -- 1,345,199 1,345,199
Total primary government $ 20.896 624 $ 4,410,396 $ 164,260 $ 664,523 (17,002,644) 1,345,199 (15,657,445)
General revenues:
Taxes:
Ad-valorem taxes 9,075,096 — 9,075,096
Franchise fees 1,875,199 — 1,875,199
Utility service taxes 5,397,011 -- 5,397,011
Intergovernmental revenues 2.861,600 — 2,861,600
Developer contributions 30.000 -- 30,000
Impact fees 56,609 56,609
Interest income 246,216 3,262 249,478
Miscellaneous 74,436 — 74,436
Transfers 567,037 (567,037) —
Total general revenues and transfers 20,183,204 (563,775) 19,619,429
Change in net assets 3.180.560 781.424 3.961,984
Net assets at beginning of year,as restated(Note 13) 28,797,023 4,346,809 33,143,832
Net assets at end of year $ 31,977,583 $ 5,128,233 $ 37,105,816
The accompanying notes to the financial statements are an integral pan of these statements.
10
linilliallall 113611PUSIO 111111POIMINSIMINISIBINIMMIIIIIIMIIIMI
a CITY OF AVENTURA, FLORIDA
BALANCE SHEET - GOVERNMENTAL FUNDS
September 30, 2003
a
Nonmajor
Governmental
Major Governmental Funds Funds
a Series 2002
Capital
Series 2000 Construction
Capital Fund - Charter Other Total
a General Construction School Building Governmental Governmental
Fund Fund Construction Funds Funds
ASSETS:
a Current assets:
Cash and cash
equivalents $ 4,187,656 $ -- $ -- $ 1,158,384 $ 5,346,040
Restricted cash, cash
a equivalents and
investments -- 6,401,890 6,193,301 580,661 13,175,852
Accounts receivable 358,406 -- -- -- 358,406
a Due from other funds 8,351,496 -- 52,493 6,844 8,410,833
Due from other
governments 732,866 -- -- 235,287 968,153
Prepaid expenditures 42,154 -- — -- 42,154
a Total assets $ 13,672,578 $ 6,401,890 $ 6.245,794 $ 1,981,176 $28,301,438
LIABILITIES AND FUND
II BALANCES:
Liabilities:
Accounts payable $ 1,062,310 $ 3,153 $ 828,863 $ 41,568 $ 1,935,894
a Retainage payable 134,642 -- -- -- 134,642
Accrued liabilities 425,686 -- -- 359,275 784,961
Deferred revenue 443,611 -- -- 78,181 521,792
Due to other funds 6,844 2,322,639 5,416,931 363,693 8,110,107
a
Total liabilities 2,073,093 2,325,792 6,245,794 842 717 11,487,396
Fund balances:
a Reserved for:
Debt service -- -- -- 18,485 18,485
Encumbrances 1,068,871 -- -- -- 1,068,871
as Prepaid expenditures 42,154 -- -- -- 42,154
Unreserved:
Designated for subsequent
year's expenditures in:
a General Fund 10,488,460 -- -- -- 10,488,460
Special Revenue Funds -- -- — 1,116,361 1,116,361
- Capital Project Funds -- 4,076,098 -- 3,613 4,079,711
Al Total fund balances 11,599,485 4,076,098 -- 1,138,459 16,814,042
' Total
a liabilities
and fund
balances $ 13,672,578 $ 6401 890 $ 6,245,794 $ 1,981,176 $28,301,438
a
a The accompanying notes to the financial statements are an integral part of these statements.
a 11
CITY OF AVENTURA, FLORIDA
RECONCILIATION OF TFIE BALANCE SHEET OF GOVERNMENTAL FUNDS
TO THE STATEMENT OF NET ASSETS
September 30, 2003
3
AMOUNTS REPORTED FOR GOVERNMENTAL ACTIVITIES IN THE
STATEMENT OF NET ASSETS ARE DIFFERENT BECAUSE:
Total fund balances of governmental funds in the balance sheet, page 11 $ 16,814,042
Capital assets used in governmental activities are not financial 1
resources and, therefore, are not reported in the funds:
The cost of capital assets is $ 59,716,076
Accumulated depreciation is (6,316,768) 53,399,308
Intergovernmental receivable is not available to pay for current (�
period expenditure and, therefore, is deferred in the funds. 114,075 !
Long-term liabilities, including bonds payable, are not due i■r
and payable in the current period and, therefore, are not
reported in the funds. (38,349,842) 3
NET ASSETS OF GOVERNMENTAL ACTIVITIES, PAGE 9 $ 31,977,583
1
3
3
I
The accompanying notes to the financial statements are an integral part of these statements.
12
• CITY OF AVENTURA, FLORIDA
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDS
• For the Year Ended September 30, 2003
., Nonmajor
Governmental
• Major Governmental Funds Funds
— Series 2002
Capital
• Series 2000 Construction
Capital Fund - Charter Other Total
General Construction School Building Governmental Governmental
' Fund Fund Construction Funds Funds
a
REVENUES:
,.. Ad-valorem taxes $ 9,075,096 $ -- $ -- $ -- $ 9,075,096
Utility service taxes 5,397,011 -- -- -- 5,397,011
• Franchise fees 1,875,199 -- -- -- 1,875,199
Intergovernmental
" revenues 1,914,880 -- -- 1,050,278 2,965,158
• Licenses and permits 2,185,654 -- -- -- 2,185,654
Charges for services 965,067 -- -- -- 965,067
Fines and forfeitures 216,458 -- -- 183,441 399,899
• Impact fees -- -- -- 56,609 56,609
Interest income 82,249 53,257 53,466 57,244 246,216
Developer contributions 30,000 -- -- -- 30,000
Miscellaneous 62,039 -- -- 12,397 74,436
a
Total revenues 21,803,653 53,257 53,466 1,359,969 23,270,345
• EXPENDITURES:
Current:
General government 2,163,885 -- -- -- 2,163,885
Public safety 9,433,766 -- -- 4,390 9,438,156
• Community services 3,933,387 -- -- 293,592 4,226,979
Nondepartmental 1,040,052 -- -- -- 1,040,052
Capital outlay 3,477,515 880,288 5,678,447 2,117,596 12,153,846
• Debt service:
Principal retirement -- -- -- 595,000 595,000
Interest -- -- — 1,746,446 1,746,446
Bond issue costs -- -- 23,333 22,380 45,713
• Trustee fees -- -- -- 28,047 28,047
Total expenditures 20,048,605 880,288 5,701,780 4,807,451 31,438,124
•
Excess (deficiency)
w of revenues
• over expenditures 1,755,048 (827,031) (5,648,314) (3,447,482) (8,167,779)
a
•
a
• 13
CITY OF AVENTURA, FLORIDA 1
STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDS
(continued)
For the Year Ended September 30, 2003
• Nonrnajor
Governmental
Major Governmental Funds Funds
Series 2002
Capital
Series 2000 Construction
Capital Fund - Charter Other Total
General Construction School Building Governmental Governmental t
Fund Fund Construction Funds Funds
OTHER FINANCING
SOURCES (USES):
Operating transfers in 1,140,537 -- -- 1,238,762 2,379,299
Operating transfers out (1,128,762) -- (110,000) (573.500) (1,812,262)
Total other I
financing
sources (uses) 11,775 -- (110,000) 665.262 567.037
Excess
(deficiency)
of revenues
and other
financing
sources over
expenditures
and other
financing
uses 1,766,823 (827,031) (5,758,314) (2,782,220) (7,600,742) 3
FUND BALANCES AT
BEGINNING OF YEAR 9,832,662 4.903,129 5,758,314 3,920,679 24.414.784 1
FUND BALANCES AT
END OF YEAR $ 11,599,485 $ 4 076 098 $ -- $ 1 138 459 $ 16 814 042
3
1
a
3
The accompanying notes to the financial statements are an integral part of these statements. I
14 I
CITY OF AVENTURA, FLORIDA
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS
,r TO THE STATEMENT OF ACTIVITIES
For the Year Ended September 30, 2003
r NET CHANGE IN FUND BALANCES - TOTAL
GOVERNMENTAL FUNDS, PAGE 14 $ (7,600,742)
r Amounts reported for governmental activities in the statement of
activities are different because:
Governmental funds report capital outlays as expenditures.
However, in the statement of activities, the cost of those
assets is depreciated over their estimated useful lives. 10,211,249
r Repayment of bond principal is an expenditure in the
governmental funds, but the repayment reduces long-term
liabilities in the statement of net assets.
r
Principal payments 595,000
Governmental funds report the effect of bond issue costs
'r when debt is issued, whereas these amounts are deferred and
amortized in the statement of activities. 45,713
Some expenses reported in the statement of activities do not
require the use of current financial resources and therefore are
not reported as expenditures in governmental funds. (184,735)
'•• Revenues in the statement of activities that do not provide
current financial resources are not reported as revenues
in the funds. 114,075
r
CHANGE IN NET ASSETS OF GOVERNMENTAL
ACTIVITIES, PAGE 10 $ 3,180,560
a
a
r
The accompanying notes to the financial statements are an integral part of these statements.
15
CITY OF AVENTURA, FLORIDA 3
STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGE IN FUND BALANCE - BUDGET TO ACTUAL
GENERAL FUND
For the Year Ended September 30, 2003
Actual
Amounts
Budgeted Amounts Budgetary
Original Final Basis Variance
REVENUES:
Ad-Valorem taxes:
Current $ 8,818,000 $ 8,818,000 $ 9,013,384 $ 195,384
Delinquent 7,000 7,000 61,712 54,712
Utility service taxes:
Electric 2,890,000 2,890,000 2,991,383 101,383
Telecommunication 1,300,000 1,674,000 1,930,530 256,530
Water 450,000 450,000 447,411 (2,589)
Gas 35,000 35,000 27,687 (7,313) 1
Franchise fees:
Electric 1,787,000 1,787,000 1,572,399 (214,601)
Gas 45,000 45,000 26,850 (18,150)
Sanitation 236,000 236,000 243,496 7,496
Towing 12,000 12,000 32,454 20,454
Total taxes 15,580,000 15,954,000 16,347,306 393,306 3
Intergovernmental revenues:
Federal grants -- -- 35,784 35,784
State and local grants 4,000 4,000 71,180 67,180
Alcoholic beverage licenses 6,000 6,000 13,227 7,227
State revenue sharing 211,000 211,000 255,612 44,612
Half cent sales tax 1,400,000 1,400,000 1,513,455 113,455
County occupational licenses 20,000 20,000 25,622 5,622
Total intergovernmental
revenues 1,641,000 1,641,000 1,914,880 273,880
Licenses and permits:
City occupational licenses 665,000 665,000 698,063 33,063
Building permits 1,000,000 1,500,000 1,282,036 (217,964)
Certificates of occupancy -- -- 191,335 191,335
Engineering 10,000 10,000 14,220 4,220
Total licenses and
permits 1,675,000 2,175,000 2,185,654 10,654
Charges for services:
Certificate of use fees 5,000 5,000 4,510 (490)
Development review fees 30,000 30,000 61,224 31,224
Recreation/cultural events 145,000 163,000 187,182 24,182
Police services 898,500 898,500 698,651 (199,849)
Election filing fees 600 600 1,050 450
Other 2,000 2,000 12,450 10,450
Total charges for
services 1,081,100 1,099,100 965,067 (134,033) I
16 3
m
a CITY OF AVENTURA, FLORIDA
STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGE IN FUND BALANCE - BUDGET TO ACTUAL
is GENERAL FUND
(continued)
.. For the Year Ended September 30, 2003
a
Actual
Amounts
a Budgeted Amounts Budgetary
Original Final Basis Variance
Fines and forfeitures:
a County court fees 135,000 135,000 213,033 78,033
Code violation fines 20,000 20,000 3,425 (16,575)
a Total fines and
forfeitures 155,000 155,000 216,458 61,458
a Other:
Interest income 219,000 219,000 82,249 (136,751)
Developer contributions -- -- 30,000 30,000
Miscellaneous 50,000 50,000 62,039 12,039
a
M Total other 269,000 269,000 174,288 (94,712)
a Total revenues 20,401,100 21,293,100 21,803,653 510,553
EXPENDITURES:
a
Current:
µ General government:
City Commission:
a Personal services 59,406 61,281 61,259 22
Operating 46,900 52,025 51,541 484
a City Manager:
Personal services 447,910 496,419 496,417 2
Operating 112,450 103,941 103,885 56
a Finance support services:
Personal services 709,253 774,362 774,308 54
Operating 215,020 193,911 193,306 605
a Capital outlay 113,418 113,418 80,209 33,209
, Legal:
e Operating 208,000 239,000 238,300 700
a
City Clerk:
" Personal services 127,977 152,965 152,963 2
a Operating 91,900 92,912 91,906 1,006
Capital outlay -- 779 779 --
a Total general
government 2,132,234 2,281,013 2,244,873 36.140
a
.. 17
A
CITY OF AVENTURA, FLORIDA 3
STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGE IN FUND BALANCE - BUDGET TO ACTUAL
GENERAL FUND
(continued)
For the Year Ended September 30, 2003
Actual 1
Amounts
Budgeted Amounts Budgetary
Original Final Basis Variance
Public safety:
Police:
Personal services 7,017,173 6,922,500 6,839,270 83,230
Operating 869,244 962,917 911,669 51,248
Capital outlay 681,582 680,803 544,030 136,773
Community development:
Personal services 639,651 504,261 502,640 1,621
Operating 842,900 1,198,290 1,180,187 18,103
Capital outlay 18,550 18,550 3,533 15,017
Total public safety 10,069,100 10,287,321 9,981,329 305,992
Community services:
Personal services 558,796 623,713 623,709 4
Operating 2,850,030 3,310,113 3,309,678 435
Capital outlay 2,840,632 2,840,632 2,488,781 351,851
Total community
services 6,249,458 6,774,458 6,422,168 352,290
Nondepartmental:
Operating 1,056,170 1,056,170 1,040 052 16,118
Capital outlay 9,969,426 9,969,426 360,183 9,609,243
Total nondepartmental 11,025,596 11,025,596 1,400,235 9,625,361 1
Total expenditures 29,476,388 30,368,388 20,048.605 10,319,783
Excess (deficiency) of I
revenues over
expenditures (9,075,288) (9.075,288) 1,755,048 10,830,336
OTHER FINANCING
SOURCES (USES):
Operating transfers in 1,140,537 1,140,537 1,140,537 --
Operating transfers out (1,437,400) (1,437,400) (1,128,762) 308,638
Appropriated fund balance 9,372,151 9,372,151 -- (9.372,151)
Total other financing
sources (uses) 9,075,288 9,075,288 11,775 (9.063,513)
Excess of revenues
and other
financing sources
over expenditures
and other
financing uses $ -- $ -- $ 1 766,823 $ 1,766,823
The accompanying notes to the financial statements are an integral part of these statements. I
18
I
CITY OF AVENTURA, FLORIDA
STATEMENT OF NET ASSETS
PROPRIETARY FUND
September 30, 2003
ASSETS:
Current assets:
+ Due from other governments $ 79,890
Noncurrent assets:
Capital assets (net) 5,350,003
as
Total assets 5,429,893
+ LIABILITIES:
Current liabilities:
Accounts payable 934
Due to other funds 300,726
Total liabilities 301,660
+ NET ASSETS:
Invested in capital assets, net of
related debt 5,350,003
.� Unrestricted (221,770)
... Total net assets $ 5,128,233
a
r
+
+
The accompanying notes to the financial statements are an integral part of these statements.
sup 19
CITY OF AVENTURA, FLORIDA
STATEMENT OF OPERATING REVENUES, EXPENSES
AND CHANGE IN FUND NET ASSETS
PROPRIETARY FUND
For the Year Ended September 30, 2003
I
OPERATING REVENUES:
Charges for services $ 820,926
OPERATING EXPENSES:
Depreciation expense 125,727 I
Operating income 695,199
NONOPERATING REVENUES:
Intergovernmental grant 650,000
Interest income 3,262
Total nonoperating revenues 653,262
Income before transfers 1,348,461 S
Transfers to General Fund 567,037
Change in net assets 781,424 1
NET ASSETS AT BEGINNING OF YEAR 4,346,809
NET ASSETS AT END OF YEAR $ 5,128,233
1
I
I
3
1
The accompanying notes to the financial statements are an integral part of these statements. I
20 1
+ CITY OF AVENTURA, FLORIDA
STATEMENT OF CASH FLOWS
PROPRIETARY FUND
+ For the Year Ended September 30, 2003
CASH FLOWS FROM OPERATING ACTIVITIES:
Cash received from customers, users and other $ 870,272
Net cash provided by operating activities 870,272
CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES:
Transfers out to other fund (567,037)
Net cash used by noncapital financing activities (560,037)
CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES:
+ Intergovernmental grant 1,150,000
Purchase of capital assets (2,032,051)
+• Due to other fund 300,726
+
Net cash used by capital and related financing activities (581,325)
CASH FLOWS FROM INVESTING ACTIVITIES:
Interest received
3,262
Net cash provided by investing activities 3,262
r
Net decrease in cash and cash equivalents (274,828)
+ CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 274,828
CASH AND CASH EQUIVALENTS AT END OF YEAR $ --
+
RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED
'• BY OPERATING ACTIVITIES
its
Operating income $ 695,199
Adjustments to reconcile operating income to net
cash provided by operating activities:
Depreciation expense 125,727
Changes in assets and liabilities:
+ Decrease in due from other governments 49,346
Total adjustments 175,073
Net cash provided by operating activities $ 870,272
a
a
+ The accompanying notes to the financial statements are an integral part of these statements.
+ 21
CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Aventura, Florida (the City) was incorporated in November, 1995. The City I
operates under a Commission-Manager form of government and provides the following services as
authorized by its charter: public safety, highways and streets, culture and recreation, public works
•
and stormwater management. The financial statements of the City have been prepared in conformity
with generally accepted accounting principles (GAAP) as applied to governmental units. The
Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for
establishing governmental accounting and financial reporting principles. For the year ended
September 30, 2003, the City implemented the new financial reporting requirements of GASB
Statement No. 34 and related pronouncements (Note 13). The more significant of the City's
accounting policies are described below:
I
Reporting Entity
The financial statements were prepared in accordance with Statement No. 14, The Financial 3
Reporting Entity, which establishes standards for defining and reporting on the financial reporting
entity. The definition of the financial reporting entity is based upon the concept that elected officials
are accountable to their constituents for their actions. One of the objectives of financial reporting
is to provide users of financial statements with a basis for assessing the accountability of elected
officials. The financial reporting entity consists of the City, organizations for which the City is
financially accountable, and other organizations for which the nature and significance of their
relationship with the City are such that exclusion would cause the reporting entity's financial
statements to be misleading or incomplete. The City is financially accountable for a component unit
if it appoints a voting majority of the organization's governing board and it is able to impose its will
on that organization or there is a potential for the organization to provide specific financial benefits
to, or impose specific financial burdens on the City. Based upon the application of these criteria,
there were no organizations that met the criteria described above.
Government-wide and Fund Financial Statements I
The government-wide financial statements (i.e. the statement of net assets and the statement
of activities) report information on all activities of the City. For the most part, the effect of
interfund activity has been removed from these statements. Governmental activities, which normally
are supported by taxes and intergovernmental revenues, are reported separately from business-type
activities, which rely to a significant extent on fees and charges for services. 1
The statement of activities demonstrates the degree to which the direct expenses of a given
function or segment are offset by program revenues. Direct expenses are those expenses that are
clearly identifiable with a specific function or segment. Program revenues include 1) charges to
customers or applicants who purchase, use, or directly benefit from goods, services, or privileges
provided by a given function or segment and 2) grants and contributions that are restricted to
meeting the operation or capital requirements of a particular function or segment. Taxes and other
I
items not properly included among program revenues are reported instead as general revenues.
Separate financial statements are provided for governmental funds and proprietary funds.
Major individual governmental funds are reported as separate columns in the fund financial
statements.
1
1
22
I
• CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
r
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
• Measurement Focus, Basis of Accounting and Basis of Presentation
The government-wide financial statements are reported using the economic resources
• measurement focus and the accrual basis of accounting as are the proprietary fund financial
statements. Revenues are recorded when earned and expenses are recorded when a liability is
incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues
• in the year for which they are levied. Grants and similar items are recognized as revenues as soon
as all eligibility requirements imposed by the provider have been met.
Governmental fund financial statements are reported using the current financial resources
• measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon
as they are both measurable and available. Revenues are considered to be available when they are
collectible within the current period or soon enough thereafter to pay liabilities of the current period.
For this purpose, the government considers revenues to be available if they are collected within sixty
days of the end of the current fiscal period. Expenditures generally are recorded when a liability
is incurred, as under accrual accounting. However, debt service expenditures, as well as
expenditures related to compensated absences, are recorded only when payment is due.
r
Taxes, intergovernmental revenues, and interest associated with the current fiscal period are
all considered to be susceptible to accrual and so have been recognized as revenues of the current
a fiscal period. All other revenue items such as fines and forfeitures and licenses and permits are
considered to be measurable and available only when cash is received by the City.
The City reports the following major governmental funds:
The General Fund is the principal operating fund of the City. All general tax
revenues and other receipts that are not allocated by law or contractual
• agreement to another fund are accounted for in this Fund.
_• The Series 2000 Capital Construction Fund is used to fund capital
• improvements from the proceeds of the Series 2000 Revenue bonds.
The Series 2002 Capital Construction Fund - Charter School Building
Construction is used to fund building construction for the Charter School.
r
The City reports the following major proprietary fund:
r The Stormwater Fund accounts for the operation of the City stormwater
system.
Additionally, the government reports the following fund types:
r
The Special Revenue Funds are used to account for the proceeds of specific
revenue sources (other than major capital projects) requiring separate
r accounting because of legal or regulatory provisions or administrative action.
The Debt Service Funds are used to account for the payment of principal,
r
interest and other expenditures on long-term debt.
The Capital Projects Fund is used to account for financial resources
segregated for the acquisition or construction of major capital facilities other
than those financed by enterprise operations.
• 23
CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
The private sector standards of accounting and financial reporting issued prior to December
1, 1989, generally are followed in both the government-wide and proprietary fund financial
statements to the extent that those standards do not conflict with or contradict guidance of the
Governmental Accounting Standards Board. Governments also have the option of following
subsequent private sector guidance for their business-type activities and enterprise funds, subject to
the same limitation. The government has elected not to follow subsequent private sector guidance.
As a general rule the effect of interfund activity has been eliminated from the government-
wide financial statements. Amounts reported as program revenues include 1) charges to customers
or applicants for goods, services, or privileges provided, and fines and forfeitures, 2) operating
grants and contributions, and 3) capital grants and contributions. Internally dedicated resources are
reported as general revenues rather than as program revenues. Likewise, general revenues include
all taxes.
Proprietary funds distinguish operating revenues and expenses from nonoperating items.
Operating revenues and expenses generally result from providing services and producing and
delivering goods in connection with a proprietary fund's principal ongoing operations. The principal
operating revenues of the proprietary fund are charges to customers for sales and services.
Operating expenses for proprietary funds include the costs of sales and services, administrative
expenses, and depreciation on capital assets. All revenues and expenses that do not meet this ■
definition are reported as nonoperating revenues or expenses.
When both restricted and unrestricted resources are available for use, it is the City's policy
to use restricted resources first, and then unrestricted resources as they are needed.
Capital Assets
Capital assets purchased or acquired with an original cost of $ 500 or more are reported at 1
historical cost or estimated historical cost. Contributed assets are reported at fair market value as
of the date received. Additions, improvements and other capital outlays that significantly extend
the useful life of an asset are capitalized. Other costs incurred for repairs and maintenance are
expensed as incurred. Depreciation on all assets is provided on the straight-line basis over the
following estimated useful lives:
Buildings 25-40 years 1
Improvements other than buildings 20-30 years
Infrastructure 20-40 years
Furniture, machinery and equipment 3-20 years
GASB No. 34 requires the City to report and depreciate new infrastructure assets effective
with the beginning of the current year. Infrastructure assets include roads, bridges, underground
pipe (other than related to utilities), traffic signals, etc. These infrastructure assets are likely to be
the largest asset class of the City. Neither their historical cost nor related depreciation has
historically been reported in the financial statements. The retroactive reporting of infrastructure is
subject to an extended implementation period and is first effective for fiscal years ending in 2006.
The City has elected to implement the general provisions of GASB No. 34 in the current year and
will implement the retroactive infrastructure provisions by the fiscal year ending September 30,
2007.
Prepaid Expenses/Expenditures
Certain payments to vendors reflect costs applicable to a future accounting period and are i
recorded as prepaid items in both government-wide and fund financial statements.
24 1
r CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
a
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
tl° Compensated Absences Payable
The City's sick leave policy is to permit employees to accumulate earned but unused sick pay
r benefits. Upon termination, sick pay is paid out between 10-50% based on length of service.
The City's vacation policy is that earned vacation is cumulative although limited to certain
r
maximums based on length of service.
Accumulated compensated absences are recorded as expenses in the government-wide and
proprietary fund financial statements when earned. Expenditures for accumulated compensated
r absences have been recorded in the governmental funds to the extent that such amounts will be paid
from expendable available resources.
r Cash and Cash Equivalents
The City maintains a pooled cash account for all funds. This enables the City to invest large
amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash
r equivalents represents the amount owned by each fund of the City.
Cash and cash equivalents, which consist of cash and short-term investments with original
maturities of three months or less when purchased, include cash on hand, demand deposits, and
investments with the State Board of Administration Investment Pool.
Deferred Revenue
r
Governmental funds report deferred revenue in connection with receivables for revenues that
" are not considered to be available to liquidate liabilities of the current period. Governmental funds
also defer revenue recognition in connection with resources that have been received, but not yet
earned. Deferred revenues at the government-wide level arise only when the City receives resources
before it has a legal claim to them.
'ta Receivables and Payables
Transactions between funds that are representative of lending/borrowing arrangement
a outstanding at the end of the year are referred to as either "interfund receivables/payables." Any
residual outstanding balances between the governmental activities and business-type activities at year
end are reported in the government-wide financial statements as internal balances.
Use of Estimates
The preparation of financial statements in conformity with generally accepted accounting
r principles requires management to make estimates and assumptions that affect certain reported
amounts and disclosures. Accordingly, actual results could differ from those estimates.
Long-term Obligations
In the government-wide financial statements and proprietary fund types in the fund financial
statements, long-term debt and other long-term obligations are reported as liabilities in the applicable
r governmental activities, business-type activities, or proprietary fund type statement of net assets.
Bond premiums, discounts and issue costs are deferred and amortized over the life of the bonds.
Bonds payable are reported net of the applicable premiums and discounts.
r 25
•
CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
• September 30, 2003
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
In the fund financial statements, governmental fund types recognize bond premiums and
discounts, as well as bond issue costs. Bond proceeds are reported as an other financing source net
of the applicable premium or discount. Issue costs, even if withheld from the actual net proceeds
received, are reported as debt service expenditures. For proprietary fund types, bond premiums and
discounts, as well as issue costs, are deferred and amortized over the life of the bond issue. Bonds
payable are reported net of the applicable bond premium or discount.
Encumbrances
Encumbrance accounting, under which purchase orders, contracts and other commitments
for the expenditure of funds are recorded in order to reserve that portion of the applicable
appropriation, is employed in the governmental funds.
Encumbrances are recorded at the time a purchase order or other commitment is entered into.
Encumbrances outstanding at year end represent the estimated amount of expenditures which would
result if unperformed purchase orders and other commitments at year end are completed.
Appropriations lapse at year end; however, the City generally intends to honor purchase orders and
other commitments in process. As a result, encumbrances outstanding at year end are reported as
reservations of fund balance since they do not constitute expenditures or liabilities of the current
period. i
Equity classifications
Government-wide statements
Equity is classified as net assets and displayed in three components:
a. Invested in capital assets, net of related debt - consists of capital assets i
including restricted capital assets, net of accumulated depreciation and
reduced by the outstanding balances of any bonds, notes or other
borrowings that are attributable to the acquisition, construction, or
improvements of those assets.
b. Restricted net assets - consists of net assets with constraints placed on
the use either by 1) external groups such as creditors, grantors,
contributors, or laws or regulations of other governments, or 2) law
through constitutional provisions or enabling legislation.
c. Unrestricted net assets - all other net assets that do not meet the
definition of "restricted" or "invested in capital assets, net of related
debt."
111
Fund statements
In the fund financial statements, governmental funds report reservations of
fund balance for amounts that are not available for appropriation or are legally
restricted by outside parties for use for a specific purpose. Designations of
fund balance represent tentative management plans that are subject to change.
Budgets and Budeetary Accounting
An annual appropriated budget is adopted for all governmental funds with the exception of
the Federal Forfeiture Fund and Law Enforcement Trust Fund (Special Revenue Funds).
26 i
r CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
r
NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
The City follows these procedures in establishing the budgetary data reflected in the basic
financial statements.
r a. The City Manager submits to the Commission a proposed operating
and capital budget for the ensuing fiscal year. The budget includes
proposed expenditures and the means of financing them.
r b. Public hearings are conducted to obtain taxpayer comments.
c. Prior to October 1, the budget is legally enacted through passage of an
✓ ordinance.
d. Formal budgetary integration is employed as a management control
device during the year for the governmental funds described above.
e. The City Commission, by ordinance, may make supplemental
appropriations for the year up to the amount of revenues in excess of
✓ those estimated. The City Commission made several supplementary
budgetary appropriations throughout the year including approximately
$ 892,000 in the General Fund.
r
f. Budgets for the governmental funds are adopted on a basis consistent
with generally accepted accounting principles (GAAP).
r g. The City Manager is authorized to transfer part or all of an
unencumbered appropriation balance within departments within a fund;
however, any revisions that alter the total appropriations of any
r department or fund must be approved by the City Commission. The
classification detail at which expenditures may not legally exceed
appropriations is at the department level.
`t' h. Unencumbered appropriations lapse at fiscal year end. Unencumbered
amounts are reappropriated in the following year's budget for capital
accounts only.
r
i. Expenditures did not exceed appropriations in any of the governmental
funds.
r
NOTE 2 - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS
r (a) Explanation of certain differences between the governmental fund balance sheet and
the government-wide statement of net assets:
r The government fund balance sheet includes a reconciliation between fund balance -
total governmental funds and net assets - governmental activities as reported in the
government-wide statement of net assets. One element of that reconciliation explains,
long-term liabilities, including bonds payable, are not due and payable in the current
✓ period and therefore are not reported in the funds." The details of this $ 38,349,842
difference is listed on the following page.
,r 27
CITY OF AVENTURA, FLORIDA a
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
NOTE 2 - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS
(continued)
Bonds payable $ 38,055,000
Accrued interest payable 93,179
Compensated absences payable 658,249
Bond issue costs (456,586)
Net adjustment to reduce fund
balance - total governmental
funds to arrive at net assets -
governmental activities $ 38,349,842
(b) Explanation of certain differences between the governmental funds statement of
revenues, expenditures, and changes in fund balances and the government-wide
statement of activities:
The governmental fund statement of revenues, expenditures, and changes in fund
balances includes a reconciliation between net change in fund balance - total
governmental funds and changes in net assets of governmental activities as reported
in the government-wide statement of activities. One element of that reconciliation
explains that "government funds report capital outlays as expenditures. However, in
the statement of activities the costs of those assets is allocated over their estimated
useful lives and reported as depreciation expense." The details of this $ 10,211,249
difference are as follows:
Capital outlay $ 11,949,060
Depreciation expense (1,734,735)
Current year capital asset disposals (3,076)
Net adjustment to increase net
changes in fund balances -
total governmental funds to
arrive at changes in net
assets of governmental
activities $ 10,211,249
Another element of that reconciliation states that "some expenses reported in the
statement of activities do not require the use of current financial resources and
therefore are not reported as expenditures in governmental funds." The details of this
$ (184,735) difference are as follows:
Amortization of bond issue costs $ (15,768)
I
Change in interest payable (10,871)
Change in long-term compensated
absences payable (158,096) i
Net adjustment to decrease net
changes in fund balances -
total governmental funds to
arrive at changes in net assets
of governmental activities $ 5184,735)
1
28 a
CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
+
NOTE 3 - PROPERTY TAXES
Property taxes are assessed as of January 1 each year and are first billed (levied) and due
the following November 1.
Under Florida law, the assessment of all properties and the collection of all county,
municipal, school board and special district property taxes are consolidated in the Offices of the
County Property Appraiser and County Tax Collector. The laws for the State regulating tax
assessments are also designed to assure a consistent property valuation method statewide. State
statues permit municipalities to levy property taxes at a rate of up to 10 mills ($ 10 per $ 1,000 of
assessed taxable valuation). The millage rate assessed by the City for the year ended September 30,
2003 was 2.2270 mills.
+
The tax levy of the City is established by the City Commission prior to October 1 of each
year, and the County Property Appraiser incorporates the millage into the total tax levy, which
includes Miami-Dade County, Miami-Dade County School Board and certain other special taxing
districts.
All property is reassessed according to its fair market value as of January 1 each year. Each
assessment roll is submitted to the Executive Director of the State Department of Revenue for
review to determine if the rolls meet all of the appropriate requirements of State Statutes.
,. All real and tangible personal property taxes are due and payable on November 1 each year
or as soon as practicable thereafter as the assessment roll is certified by the County Property
Appraiser. Miami-Dade County mails each property owner on the assessment roll a notice of the
taxes due and collects the taxes for the City. Taxes may be paid upon receipt of the notice from
+ Miami-Dade County, with discounts at the rate of four percent (4%) if paid in the month of
November, three percent (3%) if paid in the month of December, two percent (2%) if paid in the
month of January and one percent (1%) if paid in the month of February. Taxes paid during the
+ month of March are without discount, and all unpaid taxes on real and tangible personal property
become delinquent and liens are placed on April 1 of the year following the year in which the taxes
were assessed. Procedures for the collection of delinquent taxes by Miami-Dade County are
+ provided for in the laws of Florida. There were no material delinquent property taxes at September
30, 2003.
+ NOTE 4 - CASH, CASH EQUIVALENTS AND INVESTMENTS
In addition to insurance provided by the Federal Depository Insurance Corporation, all
+ deposits are held in banking institutions approved by the State Treasurer of the State of Florida to
hold public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act,
the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer
or another banking institution eligible collateral. In the event of a failure of a qualified public
depository, the remaining public depositories would be responsible for covering any resulting losses.
Accordingly, all amounts reported as cash and cash equivalents are deemed as insured or
collateralized and are, therefore, not subject to classification by credit risk category under the
+ provisions of GASB Statement No. 3. Deposits at September 30, 2003 were $ 5,346,040.
In accordance with GASB Statement No. 31, "Accounting and Financial Reporting for
Certain Investments and for External Investment Pools," all investments are reported at their fair
+ value.
+
+ 29
CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003 ,e
NOTE 4 - CASH, CASH EQUIVALENTS AND INVESTMENTS (continued)
The City's investments are categorized by type to give an indication of the level of credit risk
assumed by the City at year-end. Category 1 includes investments that are insured or registered or
for which the City or its agent holds the securities in the City's name. Category 2 includes
uninsured and unregistered investments for which the financial institution holds the securities by the
financial institution's trust department or agent in the City's name. Category 3 includes uninsured
and unregistered investments for which the securities are held by the City's counter party, or by its
trust department or agent, but not in the City's name. 2
At September 30, 2003, the fair value and category of credit risk of the City's investments
are as follows: ^II
Fair
Category 2 Value
Repurchase agreement $ 500,000 $ 500 000
All amounts in the State Investment Pool (a 2a7-like pool) administered by the State Board
of Administration are stated at amortized cost which approximates fair value.
A reconciliation of cash, cash equivalents and investments as shown on the statement of net t.
assets follows:
State Board of Administration
ew
Investment Pool $ 4,325,845
Restricted cash 12,675,852
Pooled cash 1,020,195
Repurchase agreement 500,000
ail
Total $ 18.521.892
Cash and cash equivalents $ 5,346,040
Restricted cash, cash equivalents
and investments 13,175,852
$ 18,521,892
NOTE 5 - RECEIVABLES
is
Receivables at September 30, 2003 consist of the following:
Governmental activities: YY
Utilities service taxes $ 277,358
Police services 59,075 s
Franchise fees 21,973
Total - governmental
activities $ 358,406 "-
C
30
+ CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
NOTE 6 - ACCOUNTS PAYABLE
+ Accounts payable balances in each fund represent only vendor payables.
•
NOTE 7 - INTERFUND BALANCES AND TRANSFERS
Interfund receivables and payables at September 30, 2003 were as follows:
'+ Receivables Payables
General Fund $ 8,351,496 $ 6,844
+ Series 2000 Capital
Construction Fund -- 2,322,639
Series 2002 Capital
Construction Fundle -
Charter School
Building Construction 52,493 5,416,931
Nonmajor governmental funds 6,844 363,693
sio Proprietary Fund -- 300,726
Totals $ 8,410,833 $ 8.410,833
•
These balances resulted from the time lag between the dates that (1) interfund goods and
services are provided or reimbursable expenditures occur, (2) transactions are recorded in the
•
accounting systems, and (3) payments between funds are actually made.
Interfund transfers during the year ended September 30, 2003 were as follows:
• Operating Operating
Transfers Transfers
In Out
• General Fund $ 1,140,537 $ 1,128,762
Series 2002 Capital
Construction Fund -
+ Charter School
Building Construction -- 110,000
Nonmajor governmental funds 1,238,762 573,500
Proprietary Fund -- 567.037
$ 2,379,299 $ 2,379,299
+ The transfer from the Proprietary Fund to the General Fund in the amount of$ 567,037 was
to reimburse the General Fund for stormwater drainage costs included in the Community Services
Department budget. Similarly, the transfer from nonmajor governmental funds to the General Fund
• was to reimburse the General Fund for street related maintenance costs included in the Community
Services Department budget. The transfer of$ 110,000 from the Series 2002 Capital Construction
Fund - Charter School Building Construction Fund was to provide funding for startup costs for the
Aventura Charter Elementary School. The transfer from the General Fund of $ 1,128,762
+ represented transfer to meet debt service requirements for the debt service funds included under
nonmajor governmental funds.
•
+ 31
CITY OF AVENTURA, FLORIDA ii
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003 w,
a
NOTE 8 - CAPITAL ASSETS
ma
Capital assets activity for the year ended September 30, 2003 was as follows: ii
Balance Balance
October 1, September 30,
2002 Additions Disposals 2003
Governmental Activities:
Capital assets, not being
depreciated:
Land $ 14,592,603 $ — $ — $ 14,592,603
Construction in progress 425 369 -- 425,369 --
Total capital assets, not
being depreciated 15,017.972 -- 425369 14,592,603ii
Capital assets, being A
depreciated:
Buildings 21,452,708 7,469,175 -- 28,921,883
Improvements other than
• buildings 4,246,486 390,184 -- 4,636,670 }*
Infrastructure 1,869,337 2,613,559 -- 4,482,896 YY�i
Furniture, machinery
and equipment 6,094,700 1,476,142 488 817 7.082,025 t7�
Total capital assets being 48
' depreciated 33,663231 11,949,060 488,817 45,123,474 Yi
Less accumulated
depreciation for:
Buildings 814,285 652,758 -- 1,467,043
Improvements other than
buildings 433,369 167,589 -- 600,958
Infrastructure 108,874 89,010 -- 197,884
Furniture, machinery and
equipment 3,237,811 825 378 12,305 4,050 884
Total accumulated
depreciation 4,594,339 1,734.735 12,305 6316.769
Total capital assets,
being depreciated, net 29,068,892 10,214,325 476,512 38,806,705
Governmental
activities capital 1p.
assets, net $ 44,086,864 $ 10,214,325 $ 901,881 $ 53 399,308
di
Business-type Activities:
Capital assets, being
IP
depreciated:
ii
Infrastructure 3,944,992 1,858,434 -- 5,803,426
• Less accumulated depreciation. 327.696 125 727 -- 453.423
ABusiness-type activities
capital assets, net $ 3,617,296 $ 1,732,707 $ -- $ 5350 003
I
32
CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
a
NOTE 8 - CAPITAL ASSETS (continued)
• Depreciation expense was charged to function/programs of the primary government as
follows:
• Governmental activities:
General government $ 106,215
Public safety 619,486
Community services 540,548
Nondepartmental 468,486
Total depreciation expense -
a governmental activities $ 1,734,735
Business-type activities:
Stormwater $ 125,727
NOTE 9 - LONG-TERM DEBT OF GOVERNMENTAL ACTIVITIES
a
The City previously issued $ 6,555,000 in Series 2000 Revenue bonds to finance the
acquisition of land for parks and recreational purposes and for the construction of a community
a recreation center. The bond indenture relating to this issue requires that a reserve fund of$ 500,000
be established, the balance of which at September 30, 2003 was sufficient to meet this requirement.
The indenture also requires the maintenance of a minimum debt service coverage ratio of 2.50:1.00.
At September 30, 2003, the City was in compliance with this requirement.
a
The City also previously entered into a bond indenture agreement with the Florida
Intergovernmental Finance Commission through an interlocal governmental agreement. As a result,
a the City issued $ 12,610,000 in Series 2002 Revenue bonds to finance the acquisition of land and
construction of a charter school as well as the construction of the community recreation center. The
bond indenture relating to this issue requires a reserve fund in the amount of$ 842,000. The City
a purchased a surety bond to meet this requirement.
Summary of General Long-Term Debt of Governmental Activities
• Long-term debt at September 30, 2003 was comprised of the following:
1999 Revenue bonds issued from the Florida Municipal
Loan Council, Inc. Principal is due annually over thirty
years in various amounts through April, 2029. The bonds
bear interest at various rates (3.50% - 5.125%) and are
payable semi-annually on October 1 and April 1 of each
a year. $ 19,500,000
2000 Revenue bonds, principal is due annually over twenty
a years in various amounts through October, 2020. The
bonds bear interest at 5.04%, payable semi-annually on
October 1 and April 1 of each year. 5,945,000
a
33
I.
CITY OF AVENTURA, FLORIDA
tio
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003 or
IS
NOTE 9 - LONG-TERM DEBT OF GOVERNMENTAL ACTIVITIES (continued)
pspkk
2002 Revenue bonds issued from the Florida ii
Intergovernmental Finance Commission. Principal is due
annually over thirty years in various amounts through
August, 2032. The bonds bear interest at various rates 'i
(2.50% - 5.00%) and are payable semi-annually on
February 1 and August 1 of each year. 12,610,000 IIIP
Accrued vacation and sick leave (compensated absences) 658,249
Iii
$ 38,713.249
Changes in Governmental Fund long-term debt during the year are as follows:
Balance Balance
October 1, September 30,
2002 Additions Retirements 2003
Series 1999 Revenue
bonds payable $ 19,895,000 $ -- $ 395,000 $ 19,500,000
Series 2000 Revenue
bonds payable 6,145,000 -- 200,000 5,945,000
Series 2002 Revenue
bonds payable 12,610,000 -- -- 12,610,000
Compensated absences
payable 500,153 160.039 1 943 658,249
Total $39 150 153 $ 160 039 $ 596 943 $ 38,713.249
W
Summary of Future Debt Service Requirements
The annual debt service requirements to maturity for all Governmental Fund long-term debt are
as follows:
Year Ending w
September 30 Principal Interest Total 1
2004 $ 900,000 $ 1,794,382 $ 2,694,382
2005 930,000 1,761,628 2,691,628
2006 965,000 1,728,192 2,693,192
2007 1,005,000 1,691,498 2,696,498
2008 1,035,000 1,642,703 2,677,703
2009-2013 5,895,000 7,506,640 13,401,640
• 2014-2018 7,300,000 5,993,813 13,293,813
2019-2023 7,840,000 4,047,353 11,887,353
2024-2028 8,225,000 2,124,875 10,349,875
2029-2032 3,960,000 375,250 4,335,250
$ 38,055,000 $ 28 666 334 $ 66.721.334
I
34
eta CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
a
NOTE 10 - COMMITMENTS AND CONTINGENCIES
a Litigation
Various claims and lawsuits, which arose in the normal course of operations, are pending
a against the City. It is management's opinion, based on the advice of the City Attorney, that the
outcome of these actions will not have a material adverse effect on the financial statements of the
City. Management also believes that the litigation against the City will be covered by insurance.
Franchise Fees
The City previously entered into an interlocal agreement with Miami-Dade County (the
County) which provided for the Florida Power & Light Co. franchise fees collected by the County
within the City's boundaries, to be remitted to the City. This agreement will be in effect as long
as the Ordinance establishing the collection of these fees is in place. In accordance with the
a agreement, the County remitted approximately $ 1,572,000 to the City for the year ended September
30, 2003.
Stormwater Fees
a
The City previously entered into another interlocal agreement with the County to administer,
bill and collect stormwater utility charges from residents within the City's boundaries. The County
a remits all fees collected, less the County's compensation for the billing and collection of these
charges. The agreement expired during the year and is currently being negotiated. In accordance
with this agreement, the County remitted approximately $ 821,000 to the City during the year ended
a
September 30, 2003.
Contingent Liabilities
a Amounts received or receivable from grantor agencies are subject to audit and adjustment.
While no matters of noncompliance were disclosed by the audit, grantor agencies may subject grant
programs to additional compliance tests, which may result in disallowed costs. In the opinion of
a City management, future disallowances of current grant expenditures, if any, would not have a
material adverse effect on the City's financial condition.
Employment Agreement
a
The City has an employment contract with its City Manager that provides for an annual
salary, adjusted for cost-of-living increases and certain benefits. This agreement is effective for an
indefinite term subject to termination of the City Manager by the City Commission in accordance
with Article III, Section 3.08 of the City Charter. The City Manager must provide two months
advance written notice to resign voluntarily.
Charter School Agreements
The City has a contract with the School Board of Miami-Dade County, Florida that provides
a for Aventura Charter Elementary School to provide the residents of the City of Aventura an
education choice for up to six hundred elementary school students. The contract ends on June 30,
2018 but provides for a renewal of up to fifteen years by mutual agreement of the parties.
'a The City also has a management agreement with Charter School USA, Inc. The agreement
calls for Charter Schools USA, Inc. to design, build, operate and maintain a charter elementary
school for the City of Aventura. The agreement terminates June 30, 2008 and calls for annual
a management and incentive fees based on funding for student enrollment.
a 35
CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
PP
NOTE 10 - COMMITMENTS AND CONTINGENCIES (continued)
Other Agreements
The City has entered into nonexclusive agreements with several engineering consulting firms
(Consultants) to provide building inspections and plan review services until September, 2004. 1
Pursuant to the agreements, the Consultants receive 70% of the gross building permit fee revenues j�
for the first $ 100,000 in fees in a month and 65% of the amount in excess of $ 100,000 a month.
The City is a party to several construction contracts for City infrastructure improvements.
The amount remaining on these uncompleted contracts at September 30, 2003 was approximately
$ 518,000.
Lease Commitments
The City is lessee on several leases including those for office equipment, police cars, and
public safety equipment. These leases have various terms with expiration dates through fiscal year
2007.
Future aggregate minimum lease payments under the City's lease agreements are
approximately as follows:
Year Ending
September 30
2004 $ 34,000
2005 $ 18,900
2006 $ 14,000
2007 $ 600
Thereafter $ NONE
Lease expense for the year ended September 30, 2003 was approximately $ 100,000.
S
NOTE 11 - RISK MANAGEMENT
The City is exposed to various risks of loss related to torts, thefts of, damage to and I
destruction of assets, errors and omissions and natural disasters for which the City carries
commercial insurance. Settlement amounts have not exceeded insurance coverage for each of past
eight years. In addition, there were no reductions in insurance coverage from those in the prior
year.
NOTE 12 - DEFINED CONTRIBUTION PENSION PLANS3
Plan Description
The City of Aventura is a single employer that contributes to three defined contribution a
pension plans based on employee classification created in accordance with Internal Revenue Code
Section 401(a). The plans currently cover all full-time employees of the City. Under these plans,
the City contributes between 12-18% depending on employee classification. City contributions for
the City Manager, Department Directors and Assistant Department Directors vest in the year they
are contributed. City contributions to general employees vest beginning after one year of service
through year five in 20% increments. Participants are not permitted to make contributions during
the year. The City made plan contributions of approximately $ 770,000 during the year. Plan
provisions and contribution requirements may be amended by the City Commission.
The Plan's assets are administered by ICMA Retirement Corp. The City does not exercise {�
any control or fiduciary responsibility over the Plan's assets. ii
36
CITY OF AVENTURA, FLORIDA
NOTES TO THE FINANCIAL STATEMENTS
September 30, 2003
•
NOTE 12 - DEFINED CONTRIBUTION PENSION PLANS (continued)
• The City provides no post-retirement benefits to employees.
NOTE 13 - CHANGE IN ACCOUNTING PRINCIPLE
Effective October 1, 2002, the City adopted the new financial reporting requirements of
GASB Statement No. 34, "Basic Financial Statements - and Management's Discussion and Analysis
- for State and Local Governments" and related pronouncements. As a result, beginning net assets
for governmental activities have been restated to reflect the following changes:
• Total fund balances - governmental
funds, September 30, 2002, as
previously reported $ 24,414,784
• Capital assets, net of accumulated
depreciation 43,188,058
Long-term liabilities (38,805,819)
•
Total net assets - governmental
activities, September 30, 2002,
as restated $ 28,797,023
• NOTE 14 - SUBSEQUENT EVENTS
• Through a collective bargaining contract between the City and the Miami-Dade County Police
Benevolent Association, the City agreed to provide a defined benefit retirement plan effective
October 1, 2003. The Plan covers only sworn police officers and will be funded by a combination
• of City contributions, employee contributions, rollover of 401(a) Plan assets for certain of the
employees and the proceeds of the state insurance premiums tax on casualty insurance policies. The
initial funding levels are 14.5% for the City's contribution, 6.3% for the employee's contribution
• and 5% for the state premiums tax. The Plan and employee contributions are mandatory for all
sworn police officers.
On February 24, 2004, the City entered into a Purchase and Sale Agreement to acquire
• approximately six acres of land to be used as an expansion of the City park system. Pursuant to the
agreement, the City would pay a total purchase price of$ 3,800,000 for the parcel with closing to
take place within 150 days. However, the parcel will require environmental cleanup. The seller
will contribute up to $ 1,000,000 toward the cost of such cleanup. This contribution will be placed
• in escrow pending completion of the cleanup and final environmental inspection report. In the event
that the cleanup costs are less than $ 1 million, the seller would receive the balance remaining in
the escrow account. In the event that the cleanup costs exceed $ 1 million, the City would be
• responsible for the balance of the costs. The City has obtained a phase I and II environmental site
assessment from its environmental engineering consultant. Based on that assessment, the consultant
has estimated that all costs of cleanup will total approximately $ 750,000. Based on the consultant's
assessment and cost estimate, City management believes that the $ 1,000,000 held in escrow will
• be more than sufficient to cover all costs relating to the cleanup.
This purchase is contingent on the City approving certain zoning changes to an adjacent
• property owned by the seller prior to closing. The agreement further requires that, following
closing, the City will be a joint applicant with the seller for the expansion of an existing canal to
bring that canal adjacent to the City parcel and the other parcel owned by the seller. If approvals
are received for the extension of the canal, the seller will pay the City $ 1,900,000. However, the
seller may abandon the application for the expansion of the canal at any time.
• 37
r
•
• COMBINING FINANCIAL STATEMENTS
•
•
•
r NONMAJOR GOVERNMENTAL FUNDS
SPECIAL REVENUE FUNDS
r
Special revenue funds are used to account for specific revenues that are legally restricted to
expenditures for particular purposes.
Police Education Fund - This fund is used to account for revenues and expenditures associated with
the two dollars ($ 2) the City receives from each paid traffic citation, which, by State Statute, must
be used to further the education of the City's police officers.
r
Street Maintenance Fund - This fund is used for revenues and expenditures, which by State Statute
are designated for street maintenance and construction costs. All expenditures are accounted for in
the General Fund by designating specific expenditure accounts in the Community Services
Department and the Capital Improvements Program. An operating transfer is made to the General
Fund to cover such expenditures.
es Police Capital Outlay Impact Fee Fund - This fund is used to account for impact fees derived from
new developments and restricted by Ordinance for police capital improvements. This fund provides
a funding source to assist the City in providing police services required by the growth in the City.
r
Park Development Fund - This fund is used to account for revenues and expenditures specifically
earmarked for capital improvements to the City's park system. This fund accounts for impact fees
r derived from new developments and restricted by Ordinance for park capital improvement projects.
Federal Forfeiture Fund - This fund is used to account for proceeds obtained from the sale of
confiscated and unclaimed property turned over to the City through court judgments. Proceeds are
✓ to be used solely for crime fighting purposes.
Law Enforcement Trust Fund - This fund is used to account for resources resulting from police
department confiscations and their expenditure for law enforcement purposes.
v Aventura Elementary Charter School Fund - This fund is used to account for revenues and
expenditures from the operations of the Charter School.
DEBT SERVICE FUNDS
r Debt Service Funds are used to account for the accumulation of resources for, and the payment of,
general long-term debt principal and interest.
r Series 1999 Bond Debt Service Fund - This fund is used to accumulate monies for the payment of
the 1999 Revenue Bonds. Non ad valorem tax revenues in the governmental funds are pledged for
the payment of principal and interest.
Series 2000 Bond Debt Service Fund - This fund is used to accumulate monies for the payment of
the 2000 Revenue bonds. Non ad valorem tax revenues in the governmental funds are pledged for
the payment of principal and interest.
r Series 2002 Bond Debt Service Fund - Charter School Land Acquisition - This fund is used to
accumulate monies for the payment of the 2002 Revenue bonds. Non ad valorem tax revenues in
the governmental funds are pledged for the payment of principal and interest.
r
Series 2002 Bond Debt Service Fund - Charter School Building Construction - This fund is used to
accumulate monies for the payment of the 2002 Revenue bonds. Non ad valorem tax revenues in
,r the governmental funds are pledged for the payment of principal and interest.
CAPITAL PROJECT FUND
✓ Series 2002 Capal Construction Fund - Charter School Land Acquisition - This fund is used to
fund the land acquisition for the Charter School.
CITY OF AVENTURA, FLORIDA
•
COMBINING BALANCE SHEET - NONMAJOR GOVERNMENTAL FUNDS
September 30, 2003
Special Revenue
Police
Capital Law
••
Police Street Outlay Park Federal Enforcement
Education Maintenance Impact Fee Development Forfeiture Trust
Fund Fund Fund Fund Fund Fund
ASSETS: I
Cash and cash equivalents $ 5,926 $ -- $ 40,796 $ 281,116 $ 361,151 $ 205,860
Restricted cash, cash equivalents
and investments -- -- -- -- -- --
Due from other funds -- -- -- -- — --
Due from other governments 663 213 631 -- -- 20,993 _ --
Total assets $ 6.589 $ 213,631 $ 40,796 $ 281116 $ 382.144 $ 205,860
LIABILITIES:
Accounts payable $ -- $ 434 $ 10,490 $ -- $ -- $ [5,790
Accrued liabilities -- -- -- -- --
-
Deferred revenue — -- -- -- -- --
Due to other funds -- 131,555 -- — -- -
Total liabilities -- 131989 10,490 -- -- 15.790 I
FUND BALANCES:
Reserved for debt service -- -- -- -- -- --
Unreserved 6,589 81,642 30.306 281.116 382,144 190,070
Total fund balances 6,589 81,642 30.306 281,116 382.144 190.070
I
Total liabilities and
fund balances $ b�89 $ 213 631 $ 40.796 $ 281,116 $ 382.144 $ 205,860
* As of lune 30, 2003
I
I
I
I
I
I
I
38 '
•
Capital
Debt Service Project
• Series 2002 Series 2002 Series 2002
Bond Debt Bond Debt Capital
•
Service Fund Service Fund Construction
Debt Debt Charter Charter Fund - Charter Total
• Charter Service Service School School School Nonmajor
School Fund 1999 Fund 2000 Land Building Land Governmental
Fund * Series Series Acquisition Construction Acquisition Funds
0.•
$ 241,950 $ 17,363 $ -- $ 4,000 $ 222 $ -- $ 1,158,384
-- -- 500,533 139 145 79,844 580,661
• -- - 6,844 -- -- -- 6,844
-- -- -- -- -- -- 235,287
$ 241,950 $ 17,363 $ 507,377 $ 4 139 $ 367 $ 79,844 $ 1,981,176
•
xi $ 14,854 $ -- $ -- $ -- $ -- $ -- S 41,568
a 4,421 -- 354,854 -- -- -- 359,275
78,181 -- -- - -- -- 78,181
-- -- 152,523 3384 -- 76,231 363,693
• 97,456 -- 507,377 3,384 -- 76,231 842,717
• -- 17,363 -- 755 367 -- 18,485
144,494 -- -- - -- 3,613 1,119974
144,494 17,363 -- 755 367 3,613 1138,459
a
$ 241,950 $ 17,363 $ 507,377 $ X39 $ 367 $ 79,844 $ 1981,176
•
•
•
•
•
•
•
a
a
39
•
CITY OF AVENTURA, FLORIDA • 1
COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
•
NONMAJOR GOVERNMENTAL FUNDS
For the Year Ended September 30, 2003 3
Special Revenue
• Police
Capital Law
Police Street Outlay Park Federal Enforcement
• Education Maintenance Impact Fee Development Forfeiture Trust
Fund Fund Fund Fund Fund Fund
I
•
REVENUES:
Intergovernmental revenues $ -- $ 978,459 $ -- $ -- $ -- $ --
Fines and forfeitures 4,219 -- -- - 85,270 93,952 1
Impact fees -- -- 47,249 9,360 -- --
Interest income 56 1,123 620 12,210 2,603 3,201
Miscellaneous -- -- -- -- -- 12 397
Total revenues 4,275 979,582 47,869 21,570 87.873 109,550 1
EXPENDITURES: 1
Operating 4,390 70,000 -- 122,122
Capital outlay - 280,434 100,171 438,617 -- 320,533
Debt Service:
Principal -- -- -- -- --
--
Interest -- -- -- -- -- --
Bond issue costs -- -- --
Trustee fees -- -- - -- -- --
Total expenditures 4.390 350,434 100.171 560 739 -- 320,533 1
Excess (deficiency) of 1
revenues over
expenditures (115) 629,148 (52,302) (539,169) 87,873 (210,983)
•
OTHER FINANCING
i SOURCES (USES):
Operating transfers in -- -- -- -- -- --
Operating transfers out -- (573,500) -- -- -- --
Total other financing 1
sources (uses) -- (573,500) -- -- -- --
Excess (deficiency)
•
of revenues over 1
expenditures (115) 55,648 (52,302) (539,169) 87,873 (210,983)
) FUND BALANCES AT
BEGINNING OF YEAR 6,704 25.994 82,608 820.285 294,271 401,053 1
FUND BALANCE AT END
OF YEAR $ 6,589 $ 81,642 $ 30,306 $ 281 116 $ 382 144 $ 190,070 1
* For the year ended June 30, 2003
• 1
I
I
40 1
a
'. Capital
• Debt Service Project
Series 2002 Series 2002 Series 2002
rt Bond Debt Bond Debt Capital
Service Fund Service Fund Construction
se Debt Debt Charter Charter Fund - Charter Total
Charter Service Service School School School Nonmajor
,t. School Fund 1999 Fund 2000 Land Building Land Governmental
Fund * Series Series Acquisition Construction Acquisition Funds
r
.. $ 71,819 $ -- $ -- $ -- $ -- $ -- $ 1,050,278
-- -- -- -- -- 183,441
a -- -- - -- -- -- 56,609
1,798 24,990 1,532 1,710 7,401 57,244
-- - -- -- -- 12,397
r 71,819 1,798 24,990 1 532 1 710 7 401 1,359,969
in
101,470 -- -- -- -- -- 297,982
25,349 -- -- - -- 952,492 2,117,596
-- 395,000 200,000 -- - -- 595,000
A -- 942,891 309,708 233,364 260,483 -- 1,746,446
-- - - -- -- 22,380 22,380
-- 17 927 - 4,782 5,338 -- 28,047
r 126,819 1,355,818 509,708 238.146 265,821 974,872 4.807.451
+r (55,000) (1,354,020) (484318) (236,614) (264,111) (967,471) (3,447,482)
de 199,494 999,570 31,698 4,000 4,000 -- 1,238,762
-- -- -- - - - (573,500)
it
r 199,494 999,570 31,698 4,000 4,000 -- 665,262
SO 144,494 (354,450) (453,020) (232,614) (260,111) (967,471) (2,782,220)
M -- 371,813 453.020 233,369 260,478 971084 3.920.679
at
a. $ 144,494 $ 17,363 $ -- $ 755 $ 367 $ 3,613 $ 1,138,459
r
a
as
r
41
CITY OF AVENTURA, FLORIDA
I
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN
••
FUND BALANCES - BUDGET AND ACTUAL
SPECIAL REVENUE FUNDS
For the Year Ended September 30, 2003
I
Police Education Fund Street Maintenance Fund
Original
and Final Original Final
Budget Actual Variance Budget Budget Actual Variance
•
REVENUES:
Intergovernmental revenues $ -- $ -- $ -- $ 896,000 $ 897,000 $ 978,459 $ 81,459
Fines and forfeitures 4,300 4,219 (81) -- -- -- --
Impact fees -- -- -- -- -- _ --
Interest
Interest income 90 56 (34) 7,500 7,500 1123 _(6,377)
Total revenues 4,390 4 275 (115) 906500 904,500 970582 75 082
EXPENDITURES:
} Operating 4,390 4,390 -- 70,000 70,000 70,000 --
Capital outlay -- -- -- 280000 281000 280434 566
Total expenditures 4,390 4390 -- 350 000 351 000 350434 566
Excess (deficiency) of
revenues over
expenditures — (1 l5) (1 l5) 553,500 553,500 629,148 75,648
I
OTHER FINANCING
SOURCES (USES):
Operating transfers in -- -- -- -- -- -- _
Operating transfers out -- -- — (573,500) (573,500) (573,500) --
Appropriated fund balance -- — -- 20 000 20000 -- (20,000)
Total other financing
sources (uses) -- -- -- (553,500) (553,500) (573,500) (20,000)
Excess (deficiency)
of revenues and
other financing
sources over
expenditures
and other
• financing uses -- (115) (115) -- -- 55,648 55,648
FUND BALANCE AT
BEGINNING OF YEAR — 6,704 6,704 -- -- 25994 25994 1
FUND BALANCE AT END
OF YEAR $ -- $ 6,589 $ 6 589 $ -- $ -- $ 81 642 $ 81 642 i
•
•
•
I
I
I
i 42 1
to
•
0.
•
Police Capital Impact Fee Fund Park Development Fund Charter School Fund
., Original Original Original
and Final and Final and Final
r Budget Actual Variance Budget Actual Variance Budget Actual Variance
v $ -- $ -- $ -- $ -- $ -- $ -- $ -- $ 71,819 $ 71,819
65,000 47,249 (17,751) — 9,360 9,360 -- --
-- 620 620 -- 12,210 12,210 — — --
a
65,000 47869 (17,131) -- 21570 21570 -- 71819 71819
00
a -- -- - -- 122,122 (122,122) 199,494 101,470 98,024
105000 100171 4,829 570618 438 617 140000 — 25,349 (25,349)
105000 100 171 X829 578618 560739 17879 199,494 126 819 72675
a
(40,000) (52,302) (12,302) (578,618) (539,169) 39,449 (199,494) (55,000) 144,494
r
. -- -- -- -- -- 199,494 199,494
40 000 -- (40,000) 578,618 -- (578,618) -- — --
-
111 40000 -- (40,000) 578,618 -- (578,618) 199 494 199,494 --
a
— (52,302) (52,302) — (539,169) (539,169) -- 144,494 144,494
82,608 82608 -- 820285 820285 — -- --
r
0.
+ $ -- $ 30 306 $ 30,306 $ -- $ 281,116 $ 281 116 $ -- $ 144,494 $ 144494
•
a
a
43
CITY OF AVENTURA, FLORIDA 1
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES - BUDGET AND ACTUAL
•
DEBT SERVICE FUNDS
For the Year Ended September 30, 2003
Series 1999 Bond Debt Service Fund Series 2000 Bond Debt Service Fund 1
Original Final Original Final
Budget Budget Actual Variance Budget Budget Actual Variance
REVENUES:
Interest income $ -- $ -- $ 4798 $ 1798 $ 24958 $ 24958 $ 24990 $ 32
Total revenues -- -- 1798 1798 24958 24,958 24990 32
•
EXPENDITURES:
Debt service:
Principal 395,000 405,000 395,000 10,000 190,000 200,000 200,000 --
Interest 950,100 942,892 942,891 1 319,284 310,284 309,708 576
Trustee fees 21085 18293 17 927 366 -- -- -- --
Total expenditures 1.366.185 1366,185 1.355.818 10,367 509284 518284 509708 576
•
• Excess (deficiency)
• of revenues over
•
expenditures (1,366,185) (1,366,185) (1,354,020) 12,165 (484,326) (485,326) (484,718) 608
•
OTHER FINANCING
SOURCES (USES):
Operating transfers in 999,570 999,570 999,570 -- -- -- 31,698 31,698
Bond proceeds -- -- -- --
Appropriated fund
balance 366615 366 615 -- 066,615) 484326 485326 -- (485,326) 1
Total other
financing
sources (uses) 1366,185 1366.185 999,570 (366,615) 484,326 485326 31698 (453,628)
Excess
•
• (deficiency)
• of revenues
•
and other
financing
sources over
expenditures
and other
financing
uses -- -- (354,450) (354,450) -- -- (453,020) (453,020)
•
FUND BALANCE AT 1
BEGINNING OF YEAR — -- 371813 371813 -- -- 453020 453020
• FUND BALANCE AT I
END OF YEAR $ -- $ -- $ 17,363 $ 17 363 $ — $ -- $ -- $ --
I
I
I
44
I
•
r
Series 2002 Bond Debt Service Fund Series 2002 Bond Debt Service Fund
Charter School Land Acquisition Charter School Building Construction
Original Final Original Final
Budget Budget Actual Variance Budget Budget Actual Variance
s
.. $ $ — $ 1532 $ 1532 $ -- $ -- $ 1 710 $l 710
r -- -- 1532 1,532 — -- 1710 1710
110,000 110,000 — 110,000 -- -- - --
285,000 280,218 233,364 46,854 440,000 434,662 260,483 174,179
• -- 4,782 4,782 -- -- 5338 5338338 --
a 395,000 395,000 238,146 156854 440000 440,000 265821 174179
. (395,000) (395,000) (236,614) 158,386 (440,000) (440,000) (264,111) 175,889
• 395,000 395,000 4,000 (391,000) — -- 4,000 4,000
440,000 440,000 — (440,000)
a
395 000 395000 4000 (391,000) 440 000 44000 4,000 1436,000)
isr
a
(232,614) (232,614) — — (260,111) (260,111)
r
-- -- 233369 233369 -- -- 260478 260,478
$ 755 $ 755 $ -- $ -- $ 367 $ 367
a
45
CITY OF AVENTURA; FLORIDA I
SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES - BUDGET AND ACTUAL
CAPITAL PROJECTS FUNDS
For the Year Ended September 30, 2003
Series 2000 Capital Construction Fund I
Original
•
and Final
Budget Actual Variance 3
• REVENUES:
Interest income $ 15,000 $ 53,257 $ 38,257 3
Total revenues 15 000 53,257 38,257
EXPENDITURES:
Capital outlay 4,874,525 880,288 3,994,237
Bond issue costs -- -- --
Total expenditures 4,874,525 880,288 3,994,237 S
Excess (deficiency) of revenues over e
expenditures (4,859,525) (827,03 1) 4,032,494
OTHER FINANCING SOURCES (USES): 1
Operating transfers out -- -- --
Bond proceeds -- -- --
Appropriated fund balance 4,859,525 -- (4,859,525)
I
Total other financing sources (uses) 4,859,525 -- (4,859,525)
Excess (deficiency)of revenues
and other financing sources over
expenditures and other
financing uses -- (827,031) (827,031)
FUND BALANCE AT BEGINNING OF YEAR -- 4,903,129 4,903,129
FUND BALANCE AT END OF YEAR $ - $ 4,076,098 $ 4076.098 1
•
I
• I
•
I
I
•
•
46
I
r
a
Series 2002 Capital Construction Fund - Series 2002 Capital Construction Fund -
a Charter School Land Acquisition Charter School Building Construction
Original Final Original Final
Budget Budget Actual Variance Budget Budget Actual Variance
a
$ -- $ -- $ 7,401 $ 7401 $ -- $ -- $ 53466 $ 53466
a
-- — 7401 7401 -- — 53466 53,466
900,000 952,493 952,492 1 6,440,000 6,416,666 5,678,447 738,219
-- 22 381 22380 I -- 23,334 23,333 1
900 000 974874 974872 2 6.440.000 6.440.000 5.701.780 738 220
a
(900,000) (974,874) (967,471) 7,403 (6,440,000) (6,440,000) (5,648,314) 791,686
-- -- -- -- (110,000) (110,000) (110,000) --
-- -- 6,550,000 6,550,000 — (6,550,000)
97000 974,874 -- (974,874) — — -- --
S
900 000 974874 -- (974,874) 6,440,000 6,440,000 (110,0000) (6,550,000)
a
- -- (967,471) (967,471) — -- (5,758,314) (5,758,314)
a -- -- 971084 971084 -- -- 5.758314 5,758,314
$ — $ 3613 $ 3613 $
r
a
a
a
a
47
CITY OF AVENTURA, FLORIDA
CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS
SCHEDULE OF CAPITAL ASSETS BY FUNCTION AND ACTIVITY
September 30, 2003
Improvements Machinery
Other Than and
Function and Activity Land Buildings Buildings Infrastructure Equipment Total
GENERAL GOVERNMENT $ -- $ -- $ 2,716 $ -- $ 911,831 $ 914,547
PUBLIC SAFETY -- -- -- -- 5,322,017 5,322,017
COMMUNITY SERVICES 6,954,056 11,307,497 4,326,980 4,482,896 848,177 27,919,606
NONDEPARTMENTAL 7,638,547 17,614,386 306,974 -- -- 25,559,907
Total capital assets
allocated to functions $ 14 592 603 $ 28921 883 $ 4,636,670 $ 4,482,896 $ 7,082,025 $ 59,716,077
48
• CITY OF AVENTURA, FLORIDA
CAPITAL ASSETS USED IN THE OPERATION OF GOVERNMENTAL FUNDS
SCHEDULE OF CHANGES IN CAPITAL ASSETS BY FUNCTION AND ACTIVITY
For the Year Ended September 30, 2003
go
Capital Capital
Assets
Assets
October 1,
September 30,
2002 Additions Disposals 2003
r
GENERAL GOVERNMENT $ 936,751 $ 75,576 $ 97,780 $ 914,547
PUBLIC SAFETY 4,799,686 900,547 378,216 5,322,017
a
COMMUNITY SERVICES 17,266,464 10,665,963 12,821 27,919,606
di NONDEPARTMENTAL 25,252,933 306,974 -- 25,559,907
CONSTRUCTION IN
PROGRESS 425,369 -- 425.369 --
Total capital
assets $ 48.681.203 $ 11,949,060 $ 914,186 $ 59716,077
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• STATISTICAL SECTION
(NOT COVERED BY INDEPENDENT AUDITORS' REPORT)
• CITY OF AVENTURA, FLORIDA
GENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION (1)
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2)
•
Fiscal General Public Community
• Year Government Safety Services
1995/96 $ 332,840 $ 46,234 $ 176,794
a
1996/97 1,122,984 4,377,974 1,589,624
1997/98 1,449,408 6,535,920 1,468,806
•
1998/99 1,561,283 6,831,446 2,419,162
• 1999/00 1,526,679 7,804,469 2,717,728
2000/01 1,831,007 8,607,783 3,102,494
a 2001/02 2,015,866 9,332,899 3,600,234
2002/03 2,163,885 9,438,156 4,226,979
•
NOTES: (1) Includes the General, Special Revenue, Debt Service and Capital Projects Funds.
a (2) The City was incorporated during fiscal year 1995/96.
•
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Non- Capital Debt
departmental Outlay Service Total
$ 107,987 $ 323,387 $ — $ 987,242
465,192 5,301,853 111,955 12,969,582
687,683 8,077,202 237,549 18,456,568 3
543,665 10,919,960 7,591,607 29,867,123
529,737 11,850,784 1,337,410 25,766,807 3
725,434 11,652,841 1,902,830 27,822,389
1,163,975 12,409,178 1,866,438 30,388,890
1,040,052 12,153,846 2,415,206 31,438,124 1
3
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51 1
CITY OF AVENTURA, FLORIDA
GENERAL REVENUES BY SOURCE (1)
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2)
a
Licenses
Fiscal Inter- and
a Year Taxes Governmental Permits
1995/96 $ 3,767,199 $ 208,193 $ 1,904
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1996/97 9,376,999 1,379,510 1,368,022
1997/98 10,671,397 1,390,596 2,756,432
1998/99 12,990,627 2,033,221 1,781,863
a 1999/00 13,717,316 2,836,374 1,886,777
2000/01 14,171,431 2,688,105 2,624,459
a 2001/02 15,594,548 3,091,728 3,360,172
2002/03 16,347,306 2,965,158 2,185,654
a
NOTES: (1) Includes the General, Special Revenue, Debt Service and Capital Projects Funds.
a (2) The City was incorporated during fiscal year 1995/96.
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3
Charges
for Fines and
Services Forfeitures Interest Other Total
$ -- $ -- $ 15,263 $ 2,027 $ 3,994,586 I
187,558 42,771 315,253 491,529 13,161,642
512,141 667,824 515,759 869,239 17,383,388
I
918,108 531,499 586,067 2,080,201 20,921,586
797,774 441,717 1,059,418 836,386 21,575,762 I
647,410 491,688 1,115,650 1,165,394 22,904,137
722,125 386,758 310,096 870,976 24,336,703
965,067 399,899 246,216 161,045 23,270,345 1
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r CITY OF AVENTURA, FLORIDA
PROPERTY TAX LEVIES AND COLLECTIONS
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (3)
a
($ in 000's)
(1)
• Property Property Net
Fiscal Tax Tax Tax
Year Levy Discount Levy
a
1996/97 $ 5,802 $ 199 $ 5,603
1997/98 6,173 234 5,939
1998/99 6,894 239 6,655
1999/00 7,549 291 7,258
2000/01 7,818 305 7,513
2001/02 8,717 313 8,404
2002/03 9,282 290 8,992
r
SOURCE: Miami-Dade County, Florida, Tax Collector
a NOTES: (1) Florida Law allows up to a 4% discount for timely payment of property taxes.
(2) Includes corrections and penalties.
(3) The City was incorporated during the 1995/96 fiscal year. The first year that the City
was authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year.
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Percentage of
(2) Total Tax 1
Current Delinquent Total Collections
Tax Tax Tax To Net
Collection Collection Collection Tax Levy 1
$ 5,561 $ 8 $ 5,569 99.39%
5,823 18 5,841 98.35%
I
6,572 23 6,595 99.10%
7,115 26 7,141 98.39% I
7,397 43 7,440 99.03%
8,227 201 8,428 100.29%
9,013 62 9,075 100.92% 1
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I
a CITY OF AVENTURA, FLORIDA
ASSESSED VALUE OF TAXABLE PROPERTY (1)
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2)
a
Nonexempt Nonexempt Total
Fiscal Real Personal Taxable
a Year Property Property Valuations
1996/97 $2,509,850,919 $ 95,280,080 $2,605,130,999
a
1997/98 2,664,701,818 107,083,192 2,771,785,010
1998/99 2,971,907,364 123,652,446 3,095,559,808
1999/00 3,238,050,389 142,847,663 3,380,898,052
2000/01 3,349,591,933 160,779,980 3,510,371,913
2001/02 3,752,226,238 162,055,639 3,914,281,877
2002/03 4,007,501,399 160,384,595 4,167,885,994
SOURCE: Miami-Dade County, Florida, Tax Collector
NOTES: (1) Florida Law requires all property to be assessed at current fair market value.
(2) The City was incorporated during the 1995/96 fiscal year. The first year that the City
was authorized to levy ad-valorem (property) taxes was the 1996/97 fiscal year.
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CITY OF AVENTURA, FLORIDA I
PROPERTY TAX MILLAGE RATES - DIRECT AND OVERLAPPING GOVERNMENTS
(PER $ 1,000 OF TAXABLE VALUE)
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (1) I
Tax I
Fiscal Roll
Year Year City School County
I
1996/97 1996 2.2270 10.3660 10.3270
1997/98 1997 2.2270 10.4620 9.9930 1
1998/99 1998 2.2270 10.1600 10.0580 s
1999/00 1999 2.2270 9.6440 9.6980 e
2000/01 2000 2.2270 9.6170 9.5060
2001/02 2001 2.2270 9.3760 9.6060
2002/03 2002 2.2270 9.2520 9.4260 j
SOURCE: Miami-Dade County, Florida, Tax Collector I
NOTE: (1) The City was incorporated during the 1995/96 fiscal year. The first year that the City
was authorized to levy ad-valorem (property) taxes was the 1996/97 fiscal year.
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a
South
Florida Florida
r Water Inland
Everglades Management Navigation
Project District District Total
0.1000 0.5720 0.0380 23.6300
0.1000 0.5970 0.0500 23.4290
0.1000 0.5970 0.0470 23.1890
r 0.1000 0.5970 0.0440 22.3100
0.1000 0.5970 0.0410 22.0880
0.1000 0.5970 0.0386 21.9446
0.1000 0.5970 0.0385 21.6405
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CITY OF AVENTURA, FLORIDA 1
RATIO OF NET BONDED DEBT TO TOTAL ASSESSED VALUE AND NET
BONDED DEBT PER CAPITA
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (3)
($ in 000's)
(2) 1
Assessed Gross
Fiscal (1) Taxable Bonded
Year Population Value Debt
1996/97 20,383 $ 2,605,131 $ 3,276
1997/98 20,349 2,771,785 6,196
1998/99 22,800 3,095,560 21,000 1
1999/00 25,267 3,380,898 20,645
2000/01 25,768 3,510,372 26,610 1
2001/02 26,142 3,914,281 38,650
2002/03 27,241 4,167,886 38,055 I
Source: (1) Population is as of April 1 of each year, per the University of Florida Bureau of 3
Economic & Business Research.
(2) The City was incorporated in November, 1995. Accurate estimates of population were
not available until April 1, 1997. For the 1995/96 fiscal year, the City was not in
existence at the time that assessed taxable value was determined.
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a
Debt Ratio of
• Service Net Bonded
Funds Net Debt To Net Bonded
Available Bonded Assessed Debt Per
a (Net) Debt Value Capita
$ 189 $ 3,087 0.12% $ 151.45
• 208 5,988 0.21% 294.27
351 20,649 0.67% 905.66
a
356 20,289 0.60% 863.95
• 866 25,744 0.73% 999.06
1,668 36,982 0.94% 1,414.66
• 529 37,526 0.90% 1,377.56
•
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CITY OF AVENTURA, FLORIDA 1
COMPUTATION OF LEGAL DEBT MARGIN
BONDED DEBT
September 30, 2003
ASSESSED VALUATION OF TAXABLE REAL
AND PERSONAL PROPERTY $ 4 167 885 994
BONDED DEBT LIMIT - 10% OF ABOVE (1) $ 416,788,599 1
AMOUNT OF DEBT APPLICABLE TO DEBT LIMIT:
Total bonded debt $ 38,055,000
Less debt to be repaid from specified revenue sources:
Covenant to budget and appropriate 38,055,000
TOTAL AMOUNT OF DEBT APPLICABLE TO DEBT LIMIT -- 1
LEGAL DEBT MARGIN (1) $ 416,788,599
NOTE: (1) The City Charter allows revenue bonds to be issued when authorized by the City
Commission as long as five of the seven Commission members approve the debt. Ad-
Valorem (general obligation bonds) must be approved by referendum of the electorate.
The Charter provides no limit on the amount of general obligation debt; however, the
adopted Capital Improvement Program provides that general obligation bonds shall not
exceed 10% of the total assessed value of the City.
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61 i
+ CITY OF AVENTURA, FLORIDA
COMPUTATION OF DIRECT AND OVERLAPPING DEBT
September 30, 2003
($ in 000's)
(1)
+ Percentage Amount
Applicable to Applicable to
Net Debt the City of the City of
✓ Jurisdiction Outstanding Aventura Aventura
MIAMI-DADE BOARD OF
COUNTY COMMISSIONERS $ 247,541 (2) 3.66% $ 9,060
MIAMI-DADE COUNTY
SCHOOL BOARD 790,200 (3) 3.66% 28,921
a
CITY OF AVENTURA 37,526 100.00% 37,526
,r $ 1,075,267 Total $ 75 507
NOTES: (1) Based on ratio of assessed taxable value.
(2) Source: Miami-Dade County, Florida, Finance Department.
+ (3) Source: School Board of Miami-Dade County, Finance Department.
d ie
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+
+ 62
•
CITY OF AVENTURA, FLORIDA 1
RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL
BONDED DEBT TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2)
Ratio of
Debt
(1) Service
Total to Total
General General
Fiscal Total Debt Governmental Governmental
Year Principal Interest Other Service Expenditures Expenditures
1995/96 $ -- $ — $ — $ -- $ 987,242 0.0% I
1996/97 -- 111,955 -- 111,955 12,969,582 0.86%
1997/98 -- 237,549 -- 237,549 18,456,568 1.29% 1
1998/99 6,900,000 691,607 -- 7,591,607 29,867,123 25.42%
(3) (3) (3)
1999/00 335,000 982,410 15,809 1,353,219 25,766,807 5.26%
2000/01 590,000 1,260,248 18,082 1,868,330 27,822,389 6.72% i
2001/02 570,000 1,276,224 20,214 1,866,438 30,388,590 6.15%
2002/03 595,000 1,746,446 73,760 2,415,206 31,438,124 7.68%
• NOTES: (1) Includes the General, Special Revenue, Capital Projects and Debt Service Funds. 1
(2) The City was incorporated during the 1995/96 fiscal year.
(3) Includes $ 6,900,000 to refund the 1996 Line of Credit.
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63 1
r CITY OF AVENTURA, FLORIDA
ESTIMATED VALUE OF CONSTRUCTION AND BANK DEPOSITS
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE
r ($ in 000's)
a Estimated Value of Construction
(2)
Number Other Bank
a of New New than New Number of Deposits
Fiscal Housing Housing Housing Permits (County)
Year Units Units Units Total Issued (Thousands)
1996/97 229 $ 55,756 $ 209,760 $ 265,516 1,719 $ 34,395,088
(I)
r 1997/98 798 140,775 129,438 270,213 4,506 34,739,602
1998/99 365 109,823 57,229 167,052 4,194 37,403,279
r 1999/00 823 95,433 36,403 131,897 4,915 38,913,181
_ 2000/01 689 122,617 43,181 165,798 5,290 44,450,858
2001/02 377 155,765 31,807 187,572 3,820 48,987,245
r 2002/03 1,079 152,424 83,247 235,671 2,675 53,833,682
NOTE: (1) The City began processing building permits for construction within its corporate limits
r in November, 1996. Prior to that date, building permits were processed by Miami-Dade
County and information is not available for that period.
(2) Miami-Dade County bank data is from the Florida Bankers Association. Specific data
r for the City of Aventura is not available.
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r 64
CITY OF AVENTURA, FLORIDA I
PRINCIPAL TAXPAYERS
FISCAL YEAR 2002/03
($ in 000's)
Percentage 3
of Total
Assessed Taxable
Company Name Type of Business Value _ Value 1
I. Aventura Mall Ventures Shopping Center $ 278,300 6.68%
2. Turnberry Country Club Golf Course and Hotel 72,949 1.75%
3. The Bay Club of Aventura Rental Apartment Complex 63,000 1.51% 3
4. Prudential Insurance Co. Shopping Center 48,667 1.17%
5. Aventura Development, LLC Rental Apartment Complex 48,458 1.16% 1
6. Summit Properties Rental Apartment Complex 37,314 0.89%
7. D. Soffer & B. Redich Trust Developer 35,245 0.85% I
8. Miami Beach Healthcare
Group, LTD. Hospital/Medical Center 32,068 0.77%
9. Champion Retail, LTD.
& D. Soffer & B. Redich
Trust Developer 28,044 0.67%
10. Promventures LTD.
Partnership Shopping Center 23,000 0.55%
Total $ 667.045 16.00%
I
SOURCE: Tax roll of Miami-Dade County, Florida
1
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I
r CITY OF AVENTURA, FLORIDA
DEMOGRAPHICS AND MISCELLANEOUS STATISTICS
September 30, 2003
✓ DATE OF INCORPORATION November 7, 1995
FORM OF CITY
1O GOVERNMENT Commission - Manager
AREA 3.5 Square Miles
r
POPULATION PER STATE
ESTIMATE * 27,241
ETHNIC DISTRIBUTION **:
White (Non-Hispanic) 73.1% African-American 1.7%
Hispanic 20.7% Other 4.5%
r
AGE DISTRIBUTION **:
Under 20 11.0%
20-34 18.2%
35-54 23.5%
55-64 12.0%
65+ 35.3%
r AVERAGE HOUSEHOLD SIZE **:
Average Household size 1.79
Average Family size 2.45%
r
HOUSING OCCUPANCY **:
Total housing units 20,020
r Owner occupied housing units 10,044
Renter occupied housing units 3,956
Seasonal, recreational and vacant
r housing units 6,020
FULL-TIME EMPLOYEES 147 Public Tennis Center 1
▪ PUBLIC FACILITIES LOCATED
WITHIN CORPORATE LIMITS: Public Recreation Center 1
✓ Public Parks 1
Open Space Recreation (acres) 21 *** Public School 0
Charter School 1
• PUBLIC LIBRARIES (OPERATED BY Police Station 1
MIAMI-DADE COUNTY) 1
r FIRE STATIONS (OPERATED BY Police Sub-stations 3
MIAMI-DADE COUNTY) 2
* State of Florida, Bureau of Economic & Business Research. Population is as of April 1, 2003.
** U.S. Census Bureau, Profile of General Demographic Characteristics: 2000 for Aventura, Florida
✓ *** City of Aventura comprehensive plan
r 66
COMPLIANCE SECTION
r
r
a
OTHER REPORTS OF
INDEPENDENT AUDITORS
a
a
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a
r " KEECT:F(FE,'PFMOCLLOCH &CO., LLP
b b,'
II6UG,
D YI IItuic ACCOUNTANTS
r '-
6550 NORTH FEDERAL HIGHWAY
JOHN R.KEEFE C PA JOSEPH.ICO,CPA SUITE 410
JOHN E.McCHLLOHOL U PA.(RE TIREDI WILLIAM G.HENSON,C.PA
LIMAS r.CARPENTER.C.P.A. BRIAN D.PINNELLC PA FORT LAUDERDALE,FLORIDA 33308
r PAUL E.SHEIDED C P.A.(RETIRED) KENNETH G.SMITH,CPA.
DAVIH.WOODS.CP A. LOUIS R PROCATCPA. (954)771-0896
D T WILLIAMS,C P A NTHIA L.CALVERT-CEA FAX:(954)938-9353
CHRIS roPHER L COLLINS,C P A ISRAFI.J.GOMEZ C PA E-MAIL:kmc@kmccpa.com
CHARLES K.RLMPN CP A. NICHOLAS A.CROSS,C
r
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND
ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED
r ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS
I
To the Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
Aventura, Florida
r
7A We have audited the financial statements of the City of Aventura, Florida as of and for the year
r ended September 30, 2003 and have issued our report thereon dated February 10, 2004. We conducted
our audit in accordance with auditing standards generally accepted in the United States of America and the
▪ standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States.
r
• Compliance
a
As part of obtaining reasonable assurance about whether the City of Aventura, Florida's financial
p statements are free of material misstatement, we performed tests of its compliance with certain provisions
of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect
on the determination of financial statement amounts. However, providing an opinion on compliance with
those provisions was not an objective of our audit and, accordingly, we do not express such an opinion.
The results of our tests disclosed no instances of noncompliance that are required to be reported under
✓ Government Auditing Standards.
IP
Internal Control over Financial Reporting
In planning and performing our audit,we considered the City of Aventura, Florida's internal control
over financial reporting in order to determine our auditing procedures for the purpose of expressing our
r opinion on the financial statements and not to provide assurance on the internal control over financial
reporting. Our consideration of the internal control over financial reporting would not necessarily disclose
w all matters in the internal control over financial reporting that might be material weaknesses. A material
a weakness is a condition in which the design or operation of one or more of the internal control components
does not reduce to a relatively low level the risk that misstatements in amounts that would be material in
relation to the financial statements being audited may occur and not be detected within a timely period by
employees in the normal course of performing their assigned functions. We noted no mailers involving the
• internal control over financial reporting and its operation that we consider to be material weaknesses.
67
City of Aventura, Florida '
This report is intended for the information of City management, members of the City Commission,
the Office of the Auditor General of the State of Florida and other grantor agencies. However, this report
is a matter of public record and its distribution is not limited. '
KEEFE, McCULLOUGH & CO., LLP
Fort Lauderdale, Florida
February 10, 2004
I
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68 '
i KEEFE, MCCULLOUGH&CO., LLP
CERTIFIED PUBLIC ACCOUNTANTS
for
W;" ' - 9Ef !r="Yu4ra - t..i r . ,�.n £, w S.Sss Rr¢{.o4,,.;<." P P40.'«'
£ ' [nr,4-i
xlxrvRREarECPA. JOSEPH D.Le2rPA 655(1 NORTH FEDERAL HIGHWAY
['WHICHMP CPA_OH-TIRED) WILLIAM C.BENSON C PA. SUITE 410
THOMAS T AMNIER,Cr BRIAN D.PENNELI CPA FORT LAUDERDALE FLORIDA 33308
PAUL B SThVfN II WOODS.C PA LOUIS
KENNLTH SMIIH( PA
R PROIET➢.CI PA (954)771-0896
DAYIDI.WILLIAMS.C PA. CYNTHIA L CALVERT.C.P.A. FAX:(954)938-9353
CHRISTI/PI-MR I..CDII INS.C PA. NICHOLAS A GROSS C PA. E-MAIL:kmc@kmccpa.com
A KEVIN R.ROACH.C.PA.
r ISRAEL I GOMEZ C PA.
a
VA
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND
INTERNAL CONTROL OVER COMPLIANCE APPLICABLE TO EACH
MAJOR STATE FINANCIAL ASSISTANCE PROJECT
a
.w To the Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
Aventura, Florida
Compliance
We have audited the compliance of the City of Aventura, Florida with the types of compliance
requirements described in the Executive Office of the Governor's State Projects Compliance
Supplement, that are applicable to its major state financial assistance project for the year ended
September 30, 2003. The City of Aventura, Florida's major state financial assistance project is
identified in the summary of auditors' results section of the accompanying schedule of findings and
questioned costs on page 74. Compliance with the requirements of laws, regulations, contracts and
grants applicable to its major state financial assistance project is the responsibility of the City of
Aventura, Florida's management. Our responsibility is to express an opinion on the City of
Aventura, Florida's compliance based on our audit.
,.I We conducted our audit in accordance with auditing standards generally accepted in the United
States of America; the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States; and Chapter 10.550, Rules of
the Auditor General. Those standards and Chapter 10.550, Rules of the Auditor General, require
W that we plan and perform the audit to obtain reasonable assurance about whether noncompliance
with the types of compliance requirements referred to above that could have a direct and material
effect on a state financial assistance project occurred. An audit includes examining, on a test basis,
evidence about the City of Aventura, Florida's compliance with those requirements and performing
such other procedures as we considered necessary in the circumstances. We believe that our audit
provides a reasonable basis for our opinion. Our audit does not provide a legal determination on
the City of Aventura, Florida's compliance with those requirements.
a In our opinion, the City of Aventura, Florida complied, in all material respects, with the
requirements referred to above that are applicable to its major state financial assistance project for
VI the year ended September 30, 2003.
r
69
City of Aventura, Florida '
Internal Control over Compliance ,
The management of the City of Aventura, Florida is responsible for establishing and maintaining
effective internal control over compliance with requirements of laws, regulations, contracts and
grants applicable to state financial assistance projects. In planning and performing our audit, we
considered the City of Aventura, Florida's internal control over compliance with requirements that
could have a direct and material effect on a major state financial assistance project in order to
determine our auditing procedures for the purpose of expressing our opinion on compliance and to
test and report on internal control over compliance in accordance with Chapter 10.550, Rules of
the Auditor General.
Our consideration of the internal control over compliance would not necessarily disclose all I
matters in the internal control that might be material weaknesses. A material weakness is a
condition in which the design or operation of one or more of the internal control components does
not reduce to a relatively low level the risk that noncompliance with applicable requirements of
laws, regulations, contracts and grants that would be material in relation to a major state financial
assistance project being audited may occur and not be detected within a timely period by employees
in the normal course of performing their assigned functions. We noted no matters involving the
internal control over compliance and its operations that we consider to be material weaknesses.
This report is intended for the information of City management, members of the City
Commission, the Office of the Auditor General of the State of Florida and other
rantor agencies.
e
However, this report is a matter of public record and its distribution is not limited.
m,.Q.ra►.tv..2sIt;•.lo . tkR
,
EF McCULLOUGH & CO., LLP
Fort Lauderdale, Florida
February 10, 2004
1
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i • B : i I : i t i . B . I . i I ± $ : i i I
CITY OF AVENTURA, FLORIDA
SCHEDULE OF EXPENDITURES OF STATE FINANCIAL ASSISTANCE
For the Year Ended September 30, 2003
State Agency Pass-through CSFA Transfers to
Entity, State Project Number Contract/Grant Number Expenditures Subrecipients
STATE AGENCY NAME
Direct Projects:
Department of Community Affairs:
Emergency Management Programs 52.008 03CG-04-11-23-02-097 $ 41,897 $
Indirect Projects:
Department of Environmental Protection
Passed through South Florida Water
Management District -
Statewide Surface Water Restoration
and Wastewater Projects * 37.039 C-13156-A02 650 000 --
Total State Agency 691,897
Total Expenditures of State
Financial Assistance $ 691,897 $
* Denotes a major project
NOTE: This schedule was prepared on the accrual basis of accounting.
71
KEEFE, MCCULLOUGH &CO., LLP
I EI4III IE1)Pl1l3I IC ACCOUNTANTS
tir
•
■ 4y '
6550 NORTH FEDERAL HIGHWAY
JOHN R KEEFE CPA JOSEPH D.LPO CPA. SUITE 410
JOHN E 000H.CP.(RETIRED) WILLIAM O.BENSON.CPA.
THOMAS T.T.CARPENTER C PA. BRIANT.PINNELL C PA FORT LAUDERDALE,FLORIDA 33308
PAEVENH SEEDER C PA(RETIRED) KENNETHO.SMITH CDA
STEIENWOODS CPA. LOUIS R.PO CPA (954)771-0896
L-CALV
P
DAVID R WILLIAMS.C A. CYNTHIA L.CALVERT.C P A. FAX.(954)938-9353
CHRISHIPHER L COLLINS.C PA NICHOLAS A.GROSS.CPA. E-MAIL:kmc@kmccpa.com
CHARLES K.RUMPS C.PA KEVIN R.ROACH.C.PA.
✓ ISRAEL 1.GOMEZ C.P A.
r
✓ INDEPENDENT AUDITORS' REPORT TO CITY MANAGEMENT
w
To the Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
vsAventura, Florida
•
We have audited the financial statements of City of Aventura, Florida as of and for the year
ended September 30, 2003, and have issued our report thereon dated February 10, 2004.
✓
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. We have also issued our
Independent Auditors' Report on Compliance and on Internal Control over Financial Reporting
Based on an Audit of Financial Statements Performed in Accordance with Government Auditing
Standards. That report, dated February 10, 2004, should be considered in conjunction with this
report to City management.
Additionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor
General. Those rules (Section 10.554(1)(g)1.a.) require that we address in the report to City
management, if not already addressed in the auditors' report on compliance and internal controls,
whether or not inaccuracies, irregularities, shortages, defalcations, fraud, and/or violations of laws,
11 rules, regulations, and contractual provisions reported in the preceding annual financial audit report
have been corrected. There were no inaccuracies, irregularities, shortages, defalcations, fraud
and/or violations of laws, rules, regulations, and contractual provisions disclosed in the preceding
annual financial audit report.
Y
The Rules of the Auditor General (Section 10.554(1)(g)1.b)require that we address in the report
to City management, if not already addressed in the auditors' report on compliance and internal
controls, whether or not recommendations made in the preceding annual financial audit report have
been followed. There were no recommendations made in the preceding annual financial audit
report.
As required by the Rules of the Auditor General (Section 10.554(1)(g)2.),the scope of our audit
included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment
of public funds. In connection with our audit, we determined that the City complied with Section
218.415, Florida Statutes.
I.
r
72
City of Aventura, Florida
The Rules of the Auditor General (Section 10.554(1)(g)4.) require disclosure in the report to
City management of the following matters if not already addressed in the auditors' report on
compliance and internal controls: (1) violations of laws, rules, regulations, and contractual
provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures;
(3) improper or inadequate accounting procedures (e.g., the omission of required disclosures from
the financial statements); (4) failure to properly record financial transactions; and (5) other
inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come to the
attention of, the auditor. Our audit disclosed no matters requiring disclosure in the report to City
management or the financial statements.
The Rules of the Auditor General (Section 10.554(1)(g)5.)also require that the name or official
title and legal authority for the primary government and each component unit of the reporting entity
be disclosed in the report to City management, unless disclosed in the notes to the financial
statements. The City of Aventura, Florida was created by Resolution No. R-1104-95 of the Miami-
Dade County Commission on July 25, 1995. The City does not have any component units.
As required by the Rules of the Auditor General (Section 10.554(1)(g)6.a.), the scope of our
audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding
financial emergencies. In connection with our audit, we determined that the City is not in a state
of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida
Statutes. '
As required by the Rules of the Auditor General (Section 10.554(1)(g)6.b.),we determined that
the annual financial report for the City for the year ended September 30, 2003, filed with the
Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agreement
with the annual financial audit report for the year ended September 30, 2003.
As required by the Rules of the Auditor General (Section 10.554(g)(6)c. and 10.556), we
applied financial condition assessment procedures. It is management's responsibility to monitor the
entity's financial condition, and our financial condition assessment was based in part on
representations made by management and the review of financial information provided by same. '
This report to management is intended solely for the information of management, members of
the City Commission and the Auditor General of the State of Florida, and is not intended to be and
should not be used by anyone other than these specified parties. This restriction is not intended to
limit the distribution of this report, which is a matter of public record.
KEEFE, McCULLOUGH & CO., LLP
Fort Lauderdale, Florida
February 10, 2004
1
1
1
1
73
CITY OF AVENTURA, FLORIDA
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
STATE FINANCIAL ASSISTANCE PROJECT
For the Year Ended September 30, 2003
A. SUMMARY OF AUDITORS' RESULTS
✓ 1. The auditors' report expresses an unqualified opinion on the financial statements.
2. No reportable conditions relating to the audit of the financial statements are reported
✓ in the Independent Auditors' Report on Compliance and on Internal Control over
Financial Reporting Based on an Audit of Financial Statements Performed in
Accordance with Government Auditing Standards.
3. No instances of noncompliance material to the financial statements of the City of
Aventura, Florida were disclosed during the audit.
✓ 4. No reportable conditions relating to the audit of the major state financial assistance
project are reported in the Independent Auditors' Report on Compliance and Internal
Control Over Compliance Applicable to each Major State Financial Assistance
✓ Project.
5. The auditors' report on compliance for the major state financial assistance project for
the City of Aventura, Florida expresses an unqualified opinion.
a
6. No audit findings relative to the major state financial assistance project for the City
of Aventura, Florida are reported in Part C of this schedule.
a
7. The project tested as a major project is as follows:
r State Project State CSFA Number
Statewide Surface Water Restoration
and Wastewater Projects 37.039
r
8. The threshold for distinguishing Types A and B projects was $ 300,000 for the major
state financial assistance project.
a
B. FINDINGS - FINANCIAL STATEMENT AUDIT
r NONE
r C. FINDINGS AND QUESTIONED COSTS-MAJOR STATE FINANCIAL ASSISTANCE PROJECT
AUDIT
There were no findings and questioned costs and a separate management letter was not issued.
r
r
74
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10 4(
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~
Eric M, Soroka, Citr~
April 7, 2004
Recommendation to Appoi Two Members to the Police Pension Board
of Trustees
TO:
DATE:
SUBJECT:
April 13, 2004 City Commission Meeting Agenda Item 1- F
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution appointing
Harris C. Friedman and Craig D. Shapiro as members of the Police Pension Board of
Trustees.
BACKGROUND
The Police Pension Plan Ordinance provides for the City Commission to appoint two (2)
legal residents of the City from a list provided by the City Manager to the Police Pension
Board of Trustees,
After advertising extensively in the various media formats available to the City, the City
received five applicants for the position, I interviewed each applicant and discussed the
role of the Board and its responsibilities,
I am pleased to advise that the applicants were highly qualified. Therefore, the
recommendation was not an easy one. However, based on their extensive investment
and financial background and experience I am recommending Harris C, Friedman and
Craig D, Shapiro as members of the Police Pension Board of Trustees,
The other applicants are as follows:
. Morton Weinberger
. Christine M. Hagan Ph.D.
. Stephen Braun
The Police Officers selected by the members of the plan are Sgt. leoncini and Officer
Greenberg,
Memo to City Commission
Page 2
All Trustees serve a term of two (2) years.
A fifth member of the board shall be chosen by a majority of the other four trustees,
If you have any questions, please feel free to contact me,
EMS/ja
Attachment
CCO1283-04
FEB-æ-2004 æ,:¡¡¡ f'R(]1,CRA 954921511BØ
..c u~ U' u~.'U Offloo of C1'~ ".nacer
TO,3I1I5 466 8919
30S-486-6S1B
P,2
p. !
7#:
#PAù ;tAu --
~......,s"","
PoI.nlial boom """"~,. m".t b. re¡¡istared ""Iors wi><> no<lO resJdod In tf>8 City at Av.nturo for six (ô)
mcntI1. immedllteJy Plior to In Ippolnlmenl 10 the Boo/tl. Applioon'" o/>ould have exprBnecllnrero.r
and-b,",,"rienc. in finance, I".".olm""" ond/ol"fflmiliority wfthponllion "'-os.. .1
Name of Applicant: ¡¡(/Iff I ~ ('. lJ(/ f lh:J1.# IV
(Ple~ntj I
Address: ~'1tltl /S¿""""Þ vb.¡. 13.#11 )
Home Phone: ~ >?þ ~;l?", Email Address:A¡;,,¡.../...~A#?.~h' ,'" l"
Business Name: Sl/NV'~ r Occupation: :~,...L ¿. 'w". ~
Business Address: ;,., ).,;1/ f7' ,4Yf: //" /7-1
Business Phone: ",'1 q):J. 6'?/J )(;./" Fax: "1'5"/ "1"J.:J 1>6"/0
I
I
I
CITY OF AVENruRA
APPLICATION FOR AVENTURA
POLICE PENSION BOARD OF TRUSTEES
is
'J
"J\\~
It Retired, list former busi"... name, address and position:
Qualifications: :L.Ai' (.
iBneft......lbeth"_OO<P.",.._.....m,,..,.,uCII"oontrlbu'....... m"",ooiotUJœ oard.)
{;'~II/r"", "If" Tltyl z:rí",'""",#, /1-'7 ;:'/1/ lJ'i-h A/¿1V#.
I
I
Please attach e resume along w~h your application, \
I understand that in ecl;Ordanc9 with 1119 Slare of Florida Government in the SilnS",'ne
Law, /hI. informatIon may be made public, I understand I"al all board SPRointmenlS are
for voluntary, uncompensated services end I will be subject 101M requitements of the
Slare of Florida Financi I Disclosure Requirements, / h \
19ft reofAp I nt D."'~ ~ 7" 1
Pax or Moll completed application" rnume to:
Office 01 tho City MlnOgel'
Governm.nt Conc.r
18200 Woot Counlry CluÞ D~.., A1HInturl, FL ~31BD
(aO5) 4&S~81D (3051 48B-II918 Fa
FE8-æ-2004 09:38 FRDM:CRA
1999-
199301999
1988.1990
1982.1988
1975-1982
1969.1975
%49210-1
IU;- .... 466 _.19
RESUME
Harris C, Friedman
3900 Island Boulevard #8301
A ventura, Florida 33160
(305) 932-5229
hCricdmanúi1bellsouth.ner
lCellllllll C""ltøl Cllrp.
Financial and mortgage consulting for a variety of clients
Mllffgllllo.ell", (fka FInr Mlltl/lll1/e N_rkj
Co,founder and hcad of Secondary Market OperatiQDs for this
technology driven mortgage banking concern, During early Iirowth
phase, company became the leading in.ternet residential mortgage
provider, Semi-retired when company went public in 1999,
A"".rlc"" Smng. & LIIIIII A,sslIcllØÚJn "f Florid.. Mi_l, FL
CEO of this 55 billion Savings and Loan Association, Responsible for
overal1 strategic direction of the company during siguificant growth and
diversification phase,
Kllpill" Smith & A..,neill'lS, Ille.. A,tllllllll. Ga.
Mannging DircclOr of a nationwide, diversified consú1ting firm providing
financial advice to the financial &ervices industry with an emPhasis on
mergers and acquisitions,
A","iellll 8l1Vlll1/s & LDan ASSl/Cill'Û111 of Fillrida, MÜUlli, F1.
Executive Vice President/Chief Financia] Officer, Rc,;ponsibJe for all
financial and operational areas, including accounting. investrUents. cash
managemcnt, and data processing,
Fedel'lll HII"" LoIIII /JIIni< Bllllnt, Wøsltingtllll D.C.
1973-1975: Director, Office of Economic Research and Chief
Economist for Ibis independent agency that was responsIble fbr the
regulation oflbe savings and loan industry. I
1969- 973: Deputy Director and Economist, Office of Economic
Research
, "j
FE8-Ø9-2004 11'9:38 FROM:CRA
95492150811'
IU:" ,,4bÓ,.J,9
P.4
Harris C, Friedman
Page Two
T~øchilll' Ex""ri~"u
Nova Southeastern University - Adjunct Professor of Finance
Teaching Area: MBA '.eve! Corporate Finance
Florida International University - Adjunct Professor of Finance
Teaching Area: Corporate and Real Estate Finance
Wharton School- University of Pennsylvania: Lecturer in Finance
Teaching Arca: Graduate Level Real Estate Investment Analysis
George Washington University: Associate Professor of Finance
Teaching Arca: Real Estate Finance
UniveTSity of Maryland: teeturer in Finance
Teachinll Arca: Investment Analysis
San Fernando Valley State College: AssistantProfessof of Busincss Administration
Teaching Area: Real Estate Finance
Barry Umversity: ¡'rofessor of Business Administration
Teaching Area: Corporate Finance
Civic Activities
Wimams Island Property Owner's Association-Treasurer
Temple SoleI of Hollywood Board of Directors
Investment Advisory Council of the State Board of Administration of Florida
University of Miami Citizen's Board
Fundnllser - United Way of Dade County
Director, Junior Achievement of Greater Miami
Vice Chairman of the Pacesetter Division for the 1991 Greater Miami Jewish Federation
Campaign
Trustee and member of Investment Committee - Foundation of Jewish Philanthropies
FEB-Ø'3-2ØØ~ 0'3:38 FROM:C~
'35~'3215ØB0
TO:.:50:> ~66 : ,~1'3
Hams C. Friedman
Page lbree
~
University of California at Los Angeles
I'II,D.- December, 1970
Major: Finonei.¡ Management
Minors: (1) Real Estate and Urban Land Economics, (2) Economic 1ñeo1)'
Ohio State University
M.B.A. - Augastl967
Major: Finance
B.S. - August 1966
Major: Mathematics
Minors: (1) Business Economics, (2) Statistics
p,:>
Mar 05 04 12:161"
Ra~mond James FinSvs
3058674597
1".2
CITY OF AVENTURA
APPUCATION FOR AVENTURA
POLICE PENSION BOARD OF TRUSTEES
9\ \1 ,,~
1.>.
Potential board members must be registered voters who have resided in the City of Aventura for SIX (6)
months Immediately poor to an appointment to the Boarct. Applicants should have expressed Interest
and/or experiance in finance stme';ls andlo.r..!!:..miJ¡arty ,,;t pension e'ans
Name of Applicant ,D . . (\ r:t P I (2lj
/L N - ?1""'!!I£nnt)
Address ..JO :SS" é::: I ~p:::> L-N - r
b" rf4,/~
Home Phone~ 9:5.,Ç97~mail Address: (1ý,4.'o- s 1/f.¡t,D@ JVM¡èS.-t:.cwi
Business Name:Æ4ù'1"~ ~'l2:; t1~,oi; ilL. occupation7~AJLÞt n-itAJAOê ¡:¿ /
""/1 $, INc.., , -¡::¡v~;-"z;.;¡;;¡(,;.~k
Business Address.$@:'7iST"'S7)-#-~':w; ¡of--. kl"Jr-M r ñ:-. 33j,//
Business Phone,~,r- 9h7-ý-S'í6 Fax .:XtY .%7- </<.-"? 7
, /
Qualifications: 'f><J e¡e.; ~ I/AJC ,19'- Æ:J ~':- (L
(Briefly descnbe 1he specific expo aMdlor abifrties yt)U can coMtribute as a member of "". 60ar~
-¡:;;.<, ðll£fl. 7 F~ -:z:: /:M<:.","" "'-.s 4AJ :I:.-V-l::::.<q.44-A..
it.; ~~~~.~s;;;;'Z ~~~f¿= :;~:~.:, ~j .
Please attach a resume along with your application.
I understand that in accordance with the State of Florida Government in the Sunshine
Law, this information may be made public, I undersland that all board appointments are
oluntary, uncompensa services and I will be subject to the requirements of the
8m d F"' i. ~wæm~#
Fax or Mail completed application & resume to:
Office of the City Manager
Government Center
19200 West Country Club Drive. Aventura, FL 33180
(305) 466-8910 (305) 466-8919 Fax
Mar 05 04 12:16p
Ra~mond Jame~ FinSv5
3058674597
Craig D, Shapiro
3035 NE 183rd Lane
Aventura, FL 33160
Ph: (305)-867-4596
E-mail: craig.shapiro@raymondjames,com
Education:
Experience:
University of Miami
Bachelors of Business Administration
International Finance and Marketing
Graduated, May 1990
Raymond James Financial Services, Inc,
Branch Manager 1 Financial Advisor
September 2000 - Present
Run all aspects of branch as well as obtain new clientele,
recruit for new Financial Advisors and service existing
clients, Highly proficient in all public speaking and seminal'
skills focusing on Principal Protection and Retirement
Planning,
Morgan Stanley Dean Witter
Financial Advisor
September 1996 - September 2000
Created entire book of business through industry sales
methods and received extensive training in all areas of
industJy including but not limited to: Money Management,
Equity Underwriting, Asset Allocation, Life Insurance and
Annuities, Technical Analysis, etc, Also, obtained titles of
Retirement Planning Specialist, Assistant Branch Manager &
Branch Insurance Coordinator,
IPI Wholesalers, Ioc,
May 1990 - September 1996
Created, owned, operated and managed one of the largest
durable medical equipment and medical supply companies in
South Florida, Fully knowledgeable in all Med-Surge and
Medical Equipment products, Personally responsible for all
sales and management of accounts. Was Master Distributor
for Baxter Healthcare, Owens & Minor and McKesson
Medical. Other duties included, team creation, management,
fmance, etc.
p.3
M8r 05 04 12:151'
R8~mond J8m@s FinSv5
3058674597
1'.1
. RAYMOMLJAMES"
F"'tANrIAI RFRVtrF!"; INr:
"0.'" ","".0
Þ1"
~ '?esvvj € ~
~I/LC ~ "z::>.
3¡'JJ ,jt~v¿
------
~
Craig D, ShapIro
Branch Maneger
s/~
c;,¡~ i ¡1hú& J-v#l
Ii-rf-J,' ~\.d(f-
it 3ð--\" ;/66 - í?-/IJ
{J ~'J S ¡;, 14f. '.e D .
14ft! 'c ¡4 -É7c'1A-
LrL~/( ~V,
~.
5601 Collins Ave.. 5l>te KU-1. Miomi Beach, FL 33140
305,8674596 3O5,86H597 Fax: 305,865.7041
E-moil: cshooirO@rjfS,com
~~""uU"'U""'"
u~ 0. ~l~~ nana~er
"U"-""b-"":~{J),I~' '>;,\\~. p,"
'b ' J :> I¡J!-
8:::':::_:::",
"æ" ",
~ ~....'
ø,...¡ f:,.,'
Potential board members must be registered voters who have resided i" the City of Aventura for six (6)
roMths immediately prior to an appointment to the Board Applicants should haya expressed interest
and/or experience in finence, investments and/or familiarity with pension plans,
CITY OF AVENTURA
APPLICATION FOR AVENTURA
POLICE PENSION BOARD OF TRUSTEES
FEB 1 7 2004
OFFICE OF THE
CI'TY MANAGER
Name of Applicant MORTON L. WEINBERGER
, (Please Print)
Address: \ 3400 N.E, 192nd Street, 111809, Aventura, FL
33180
Home Phone: 305-933-1520
Email Address: mortw@bel1s~uth.net
Business Name:
Morton L. Weinberger
Occupation:
CPA
Busi~ess Address:
3400 N.E. 192nd Street, 111809, Aventura, FL
33180
Busiress Phone: 305-937-1657
Fax:
305-937-1657
If Retired, list former business name, address and position,
SEE ATTACHED RESUME
PLEASE NOTE:
I am currently President of the Board of Mystic Pointe
Tower 600
Qualifications,
(Briefiy describe 10e specific expertise ocd/or obnilies yo'J cao contribute as a membEr of this Board,)
My background as a CPA, coupled with my experience with Mediation and
with public companies, affords me a unique combination of skills which can
be ~nvaluable ~n the del~berat~ons and dec~sion making inherent in the
Police Pens;on Board of Trtlstpps
Please attach a resume along with your application,
I understand that in accordance with the State of Florida Government in the Sunshine
Law, this information may be made public, I understand that all board appointments are
for voluntary, uncompensated services and I will be subject to the requirements of the
Siale ofF/orida Finan~a;JisCJosure Requirements,
~: /ø~£ h ¡;i~, /0, l<~,/
Sture of Applicant if Date 7
Fax or Mail completed application & resume to:
Utll". 01 "'. LilY h""nag.1"
Government Center
19200 West Country Club Drive, Aventura, Fl 33180
(305) 466~910 (305) 466~919 Fax
MORTON L. WEINBERGER, CPA
3400 N. E, 192"d Street
#1809
Aventura, Florida 33180
PROFESSIONAL EXPERIENCE:
1998 - Present
Director, Chair. Audit Committee,
Member, Compensation Committee
Imperial Industries, Inc.
1986 -1998
Consultant
Emphasis on Litigation Support,
Mediation and Expert Witness
Testimony
1985 -1986
Executive Vice-President
Eagle National Bank
1981 -1985
Partner
BDO Seidman, CPA
1980 -1981
Partner
Millman, Weinberger & Co., CPA
1968 -1980
Partner
KPMG Peat Marwick, CPA
1965 -1968
Partner
Miller, Beer & Co., CPA
1960 -1965
Self-Employed
Morton L. Weinberger, CPA
SUPPLEMENTAL PROFESSIONAL EXPERIENCE:
Florida Board of Accountancy
Investigative Consultant
Various State Societies of
Certified Public Accountants
lecturer & Discussion Leader in Accounting,
Auditing, & Practice Management
American Institute of Certified
Public Accountants
Management Advisory Services,
Sub-Committee on Small Business Practice
BDO Seidman
Banking Industry Specialist
University of Miami
Adjunct Instructor in Accounting
Florida International University
Guest lecturer in Auditing
MORTON L. WEINBERGER, CPA
Page two
EDUCATION:
Temple University
University of Miami
Bachelor of Arts
Bachelor of Business Administration
University of Pennsylvania
School of Law
American Arbitration
Association
MILITARY SERVICE:
U. S. Army
Mediation Training
First Lieutenant,
Quartermaster Corps
PROFESSIONAL ORGANIZATIONS:
Florida Institute of Certified Public Accountants
President
Educational Foundation, President
Dade County Chapter, Presid~nt
American Institute of Certified Public Accountants
Member of Council (1980 -1981)
(1980 -1981)
(1979 -1980)
(1975 -1976)
1¡\i1l
~'\
V
Christine M. Hagan, Ph,D.
3610 Yacht Club Drive #1509
Aventura, FL 33180
February 3. 2004
,,\ \ v
'J-)\y: \Q
\)oJ-
\/
Mr. Eric M, Soroka
City Manager
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, FL 33180
'\:1\/
Dear Mr. Soroka:
Enclosed please find my application and resume in response to your January 29 release
regarding prospective Board of Trustee members for the A ventura Police Pension Plan,
Based on my education and experience, I feel qualified to assume such responsibilities,
and would welcome the opportunity to provide such community service.
If you have any questions or if! can provide additional information, please don't hesitate
to give me a call.
Sincerely,
~qJt ~
Christine M, Hagan
CITY OF AVENTURA
APPLICATION FOR AVENTURA
POLICE PENSION BOARD OF TRUSTEES
PotentIal board members must be regIstered voters who have resIded m the CIty of Aventura for six (6)
months Immediately prior to an appointment to the Board Apptlcants should have expressed interest
and/or experience In fmance, investments and/or famllianty wIth pension ptans
Name of Applicant Ch('I~r,v\¿ ~a', . RoSl.'"v\
Address 3)../0 ~tLc_ht C! I uJ) (P 1)';." Pnnt) tt" /5<.)(/ ; ('tv~rJTv-R..I~ ¡::L- 3-,om c'
Home Phone 305 q-3'7,oJ 7),4- Email Address l-iaqal' .phd €) ({(iI, è c'r>']
Business Name (ÁlÌlt[t.v-;,'Þt O( N 4rYt.; Occupation CiJ/(¿lí¿ 'T1'd('h\'blthLJlJ~l
Business AddressD¿rt, (1+ f..I1L/1(UlflYlt"t'.5cht..,)/ ct^t\I""IC"" ) CL112A I bAlJih ,H--
Business Phone "XÌ'S - ,~g~ .. ¡,dID Fax 3DS' J,N ..3(¡;55 J'3 /;¿y.
If Retired. list former business name. address and position'
J1
IV
.1-
..JV
'.. ~,1
I understand that in accordance with the State of Florida Government in the Sunshine
Law, this information may be made public, I understand that all board appointments are
for voluntary, uncompensated services and I will be subject to the requirements of the
State of Florida Financial Disclosure Requirements
f!Ju iAbÆ/fll ,~-/
Signature of Applicant.
,old; .3 ,)~ttJ"'¡
Date
Fax or Mail completed application & resume to:
Office of the City Manager
Government Center
19200 West Country Club Drive, Aventura, FL 33180
(305) 466-8910 (305) 466-8919 Fax
Christine M, Hagan
3610 Yacht Club Drive, Apt 1509
Aventura, FL 33180
(305) 937-2724
haganphd@aol.com
Summary
. Doctor of Philosophy (PhD) degree in Management (Bttsiness Administration), 1999, Master of Bttsiness
Administration (MBA) degree, 1988, Bachelor of Arts (BA) degree, 1972,
Since 1999, employed fttll-time at University of Miami, School of Business Administration, Department
of Management.
. 20 years professional business experience in all phases of compensation and benefits management across
broad variety of indttstries: financial services, entertainment & broadcasting, health care, higher edttcation,
Certified Employee Benefits Specialist (CEBS), The Wharton School and The International Fottndation
of Employee Benefits Plans (1985), Achieved designation as Fellow, International Society of Certified
Employee Benefits Specialists (1987),
Emplovment Experience
UNIVERSITY OF MIAMI, School of Business 1 996-present
As Lectttrer (full-time since Attgust, 1999), teach a variety of graduate (MBA) and ttndergraduate cottrses in
the Department of Management, School of Business Administration, Comses tattght regttlarly include:
Human Resources Management
Compensation and Benefits Management
Recruitment and Selection
Training and Development
Organizational Development and Change Management
Employee and Labor Relations
Principles of Management and Organizational Behavior
/mernational Business
Comparative ,l1anagement
FLORIDA ATLANTIC UNIVERSITY, College of Business Administration 1993-1999
As Instrttctor, Department of Management, tattght ttndergraduate juniors and seniors, Cottrses inclttded
Honors Seminar in Strategic Management; Principles of Management and Organizational Behavior; Human
Resource Administration: Compensation and Benefits Administration, In addition, tattght Compensation &
Benefits component of HR certificate program managed by F AU Extension Division,
GENERAL ELECTRIc. INC: Stamford. CT 1988-1991
As Internal Consultant to financial service bttsinesses within GE Capital, provided advice and expertise
concerning long and short-term compensation strategies that wottld advance the mission, management
objectives, and organizational style of each business, Designed and developed recognition and reward
systems ranging from broad-based, company-wide. sttccess-sharing programs to highly cttstomized, bttsiness-
specific, incentive plans, Advised top management concerning recognition and reward philosophies and
strategies,
MONTEFIORE MEDICAL CENTER: New York. NY
1985-1988
As Director of Compensation and Benefits, managed programs covering 8,000 employees - executive,
professional and hottrly, involving five different labor ttnions, Designed and developed pay strategies to
attract and retain high-performance talent. Benefits planning, design and administration including pension,
life, health, accident, short and long term disability for 12 different group benefits packages, Managed $3
million self-insured medical component with preferred-provider arrangement, Designed and developed
comprehensive flexible ("cafeteria") benefits plan, Participated in union negotiations and directed
implementation of collectively bargained agreements, Represented Medical Center in all grievances and
arbitrations involving compensation issttes (approximately 25 per year),
RKO GENERAL, INc.: New York. NY 1980-1985
As Corporate Compensation Manager, directed total compensation program (pay and benefits) covering
employees at all levels, Upon promotion to newly-created Assistant Director, Httman Resottrces position,
worked on several key, high-visibility projects: directed benefits cost containment review; designed and
implemented major health care benefits plan revision: designed and implemented 401(k) plan; worked with
Corporate CEO to develop MBO-based incentive plans for senior management in newly centralized
environment,
~10NTEFIORE MEDICAL CENTER. New York City. NY
Compensation Manager
1978-1980
UNIVERSITY OF NORTH CAROLINA; Chapel Hill, NC
Compensation Analyst
1974-1978
FIRST JERSEY FINANCIAL SERVICES; Jersey City, NJ
Personnel Generalist
1972-1974
Education
Ph.D. in Management (Business Administration), Florida Atlantic University (Boca Raton, FL) awarded
August 1999, Concentration in Human Resottrces, Dissertation topic: A study of the relationship between
employee satisfaction and cttstomer perceptions of service qttality, Applied for and received financial Sttpport
for dissertation research through F AU's Sponsored Research program,
MBA, Fairleigh Dickinson University (Madison, NJ). 1988, Management with concentration in Human
Resources,
BA, Caldwell College (Caldwell. NJ), 1972, Liberal Arts,
Publications
Hagan, c.M. (2003), Compensation and Benefits Administration, In H.J, Bernardin, Human Resource
Management: An Experiential Approach, NY: McGraw-HilI.
Hagan, c.M, (2003), Global Human Resottrce Administration, In H.J, Bernardin. Human Resource
Management: An Experiential Approach, NY: McGraw-HilI.
Hagan. c.M, & Bernardin. H.J, (2003), Cttstomer feedback as a critical performance dimension: Review and
exploratory empirical examination, In LL Neider & c.A, Schriesheim. New Directions i/1 Human Resource
Management. Greenwich, CT: Information Age Publishing
Hagan, eM, & Peterson, M, (2000), A book review of the new Work and Pay in Japan. Administrative
Science Quarterly. 25.643-655,
Bernardin, H.J., Hagan. eM.. Kane, J,S" & Villanova, p, (1999), Prescriptions for effective performance
management: Precision in measttrement with a foCtts on customers and sitttational constraints, [n J,W,
Smither (Ed,), Pelformance Appraisal: State-of-the-Art Me/hods for Performance Managemen/, San
Francisco CA: Jossey-Bass, (This is the framework chapter in a book included in the APA series,)
Bernardin, H.J.. Hagan. eM" Schubinski. M" & Johnson, D,L. (1997), The Secttrity Officer Profile (SOP),
Securitv Jou/'11al, 8. 195-200.
Schttster, FE. Morden, D,L., Baker, T,E" McKay, I.S" Dunning, K,E" & Hagan, C,M, (1997), Management
practice, organization climate. and performance: An exploratory stttdy, Jou/'11al of Applied Behavioral
Science, 33(2), 209-226, (Editor Clayton p, A[derfer, wrote the following comment concerning this paper: "I
know of no study - even exploratory or less modest in its claims - in the more than 5 decades of 00 practice
that has produced similarly strong and favorable results with the degree of rigor ...., present in this one" p,
131 )
Hagan. eM. (1996), The core competence organization: Implications for httman reSOttrce practices, Human
Resource Managemelll Review. 6(2),147-164,
Other Activities, Awards & Honors
Recipient, University Teaching Award, School of Business, University of Miami, 2001,
Fellow, International Society of Certified Employee Benefits Specialists (1987),
Certified Employee Benefits Specialist (CEBS), The Wharton School (1985),
Recipient, research/teaching fellowship to pttrsue doctoral degree. Florida Atlantic University, 1993-1999,
Recipient, fttl[ tuition assistance for MBA stttdies (1983-1988),
Recipient, fttll tttition scholarship to attend college (1968-1972),
Recipient, fttll tttition scholarship to stttdy International Relations at United Nations (1972),
Recipient, Special Political Science Award for otttstanding academic achievement (1972),
Recipient, Pinnacle Club Award for otttstanding professional contribution, General Electric Capital Corp"
1989,1990,
Member, Society for Human Resource Management (SHRM) (2000-present),
Member, Greater Miami Society for Human Resource Management (GMSHRM) (2002-present)
Member, Pi Delta Epsilon (National Honorary Jottrnalism Fraternity) (1972),
Service
Faculty Moderator, student chapter of Society for Httman Resottrces Management (SHRM), 2000 - present
Citizen Review Panelist, Florida Foster Care Project, 1994-1999,
All Aboard Program Facilitator, Fttlford School (North Miami Beach), 1994-1999,
ß3/ß4I2ßI!I4 19:413
313589432135
J I KISLAI<
PAGE 131
CITY OF AVENTURA
APPUCATION FOR AVENTURA
POLICE PENSION BOARD OF TRUSTEES
~j
~X ~)\\t
Potential board members must ba registered voters whO ha.. resided in the City of Aventu", for six (6)
mont". Immodiately prior to 8n appointment to the Board. Applicants shou/å have e)i/Jreilsed Interest
and/or experience In finance. investment. and/or familiarity wittJ pen,,"," plans,
Name of Applicant: S't-f ~ k "\ ~ etA.. v \.1
(Please Print)
Address: 1000 E, Io;;\"",,¡l ~\\J.!. -MIOO,," -Å\lMo".""fL.3~ Cøo
Home Phone: 3()..-9~3"8'ISO~ EmallAddress: ~'Q«>'\J,^ ~ klst",,"-, Co~
Business Name: :J,"',L Kis 'Q.k, \ III c,. Occupation: rec...\ I!s-l.:.k IIfI",.s+...tJ/ ("'...VlCe..
Business Address: "1"0 f-\¡"",,^\ ~Ic.o:s Þ"vo:.. \,.)<çl-'" ,v¡"",¡ L..l.., ,I=<.. :':.3<111..
Business Phone: ~c IÇ... '3 c.. 'i - '110:!.
Fax: '30" ~ q ~ 3'" C¡C\ ~
If Retired. list former business name, 8ddress and position:
Please attach a resume along with your application,
I understand that in accordance with the State of Florida Government in the Sunshine
Law, this information may be made public. I understand that all board appointments are
for voluntary, uncompensated seNices and I will be subject to the requirements of the
State of Florida FInancial Disclosure Requirements,
~ ß~&L
Signatu8 of Applicant
~
3.1, II) «~
Oat.
Fall or Mail complated appllO8llon & resume to:
Off'tCe of the City Manager
Government Center
19200 West Country Club Driva, Aventura, FL 33180
(305) 486..a910 (305) 466-8919 Fax
03/0412004 19: 40
3058943205
J I KISLAK
PAGE 02
Stephen Braun
1000 E.st Island Boulevard, Unit 1006
Aventur., Florid. 33160
305-933-8804
EXPERIENCE:
June 2000 - ,J.l. Kislak, Inc.
Present Senior Vice President
Acquired and financed over $110 million of multifamily ,,"seu (1,860 units),
Conducted the marketing and disposition of over $92 million in assets (1,350 units),
Refinanced over $24 million in property level debt (790 units),
Responsible for the financial and operational management of a 5250 million diversified rea1 estate
portfolio and operating company.
Developed an in-house property management company,
Miami, Florida
October 1999 - Paaha Holdings LLC
June 2000 Principal
. Advised client on the acquisition of a publicly traded hotel management company, Directed a11 aspects of
the transa<:tion, including due diligence, structuring, negotiating 8I1d pricing of transaction, Developed
post acqnisition strategic business plan.
Advised Caribbean geothennal energy co¡npany on its cspital structure and financing.
July 1998 -
October 1999
May 1993 -
July 1998
Miami, Florida
Kirldand Inveslon LLC
Director
Responsible for the creation and oversight of real estate principal group. DeveJoped and implemented
strategic husiness plan to acquire over $200 million of real eswe assets, Directed aU aspects ofthe
investment and fmancing process.
Analyzed and structured merchant banking investments in the developer of off-campus college stUdent
housing, and a company specializing in off-airport long tenD parking operations,
Prepared offering memorandums and investment analysis for the raising of first and second-generation
investment capital from institutional investors, Actively participated in the marketing process and
lJatIsaction structuring with regard to these capital.raising efforts,
. Reviewed and anal~ merchant bankingopportunities;n various technology and retail companies,
New York, New York
KPMG Con8u1tinll LLP Miami, Florida
Manager-International Real Estate, Capital Marlrets and Hospitality Consulting June 1996 -July 1998
Senior Consulrant May 1993 -June 1996
. Advi!led international lodging company OIJ $2,9 billion acquisition of a 13 7-property, 52,000 room, global
hotel chain. Responsible for analysis, pricing ofttansaction and negotiations with seller's investment
bank.
. Advised intemationa1 luxury hotel company on merger with a major domestic hotel company.
Responsible for acquisition pricing and post-transaction strategies of combined entity,
Developed strategic disposition strategies of real estate assets for an international financial service
company and global restaurant company.
Analyzed cruise industry and utilized fIDdings to advise a Caribbean island and Southeast Asian city 011
the feasibility of new ctUise ship facilities, Served as financjaladviser to Caribbean island on the
structuring of project's debt and in the raising of private equity,
Managed and conducted fmancial analysis for real estate and hospitality transactions and projects
throughout the Americas,
03/04/2004 19: 40
3058943205
J I KISLAK
PAGE 03
Stephe. Braun (pale 1)
April 1992.
August 1992
Janua¡y 1988-
Au811st 1991
Miami, Florida
Barclays Bank PLC
Summer Associate - Emergi"g Markets Investment Banking Group
. Analyzed and evaluated proposed $1.4 billion financing ofJ3raz¡¡¡an pulp and paper mill. Negotiated
tran...ction terms with affiliate of World Bank, Presented analysis of the !raosaction and the global
demand for pulp and paper to Barclays' senior management.
Conducted financial analysis of $30 million merchant banking investment in a $500 million Brazilian
durable goods manufacturer,
Participated in the analysis of a structured debt transaction for the national Chilean copper mining
company,
JMB Realty Corporation Chicago,lIlinois
FIf (NlCial Analyst Ja"umy 1989 - August 1991
Conducted acquisition analysis and due diligence on $1 billion acquisition of London real estate,
. Performed due diligence, gathered economic data, prepared property, lease and mortgage abstracts and
asset valuations for the projected aale and refinancing of several regional shopping centers,
Prepared analytical and financial information for the marketing of over $2 billion real estate partnerships
to both instiNtional and individual investors.
Performed flJl8lIciai and operational review of $950 million real estate portfolio,
Pesigned cash flow models apartment, office, retail and hotel properties.
Corporate Accoll1lting Associate January 1988 -January 1989
. Responsible for the timely payment of property and cotporate expenditures,
Chicago, Illinois
August 1987 - Paine Webber Capital Markeu
December 1987 Trading Assistant
. Performed daily analysis of transactions,
. Primarily focused on Swiss Frano and Japanese Yen,
EDUCATION,
August 199 ¡. V nivenity of Miami Graduate School of BulÍness Administration
Pecember 1992 Master of Business Administration
Concentrations: Finance and International Business
Grade Point Average ),8/4.0
Pat and Lon Worth Crow Scholar 1991 and 1992
Miami, Florida
Washington, pistrict of Columbia
August 1983. The America.. Ullivenlty
May 1987 Bachelor of Science in Business Administration
. Majors: Finance and Real Estate
ADDITIONAL SKILLS: Proficient in Microsoft Excel, Word, Power Point, and Argus.
MICHAEL BRAVERMAN, P. A.
Michael Braverman, Esq,
Attorney at Law
2650 West State Road 84, Suite 10lA
Fort Lauderdale, FL 33312
Phone (~~4J /~1-2UIU
Fax (954) 791-2141
March 31, 2004
APR 0 1 7/1114
Ë-,'.¡yCL ,-" ¡ "'"
ii114!.1iA0t'"k
Erik Soroka, City Manager
City of Aventura
2999 NE 191 Street
Suite 500
Aventura, FL 33180
RE: City of Aventura Police Pension Board
Dear Mr, Soroka:
With regard to the above subject, please let this letter serve as the City's official notice
that the bargaining unit recently held an election for the two positions on the newly created
Police Pension Board, Following a count of the ballots, Sgt. Leoncini and Officer Greenberg
will serve as the PBA's representatives on the board.
If you have any questions or comments regarding this matter, please contact me,
Si='U-¡ ~
~=~ E,"
cc: Richie Lefkowitz, DCPBA Representative
MB/dhh
special qualifications such as
disability. Service retirement shall
be considered normal retirement.
BB,
Trustee
shall mean a member of the
Board of Trustees of the
Retirement Plan,
CC,
Vested Benefit
shall mean an immediate or
deferred benefit to which a
member has gained a non-
forfeitable right under the
provisions of this Ordinance.
DO,
Minimum Vestina
shall mean ten (10) years of
credited service before the
member is entitled to retirement
benefits except for service-
incurred disability retirement
income or service incurred death
benefits,
SECTION -" ADMINISTRATION OF THE RETIREMENT PLAN,
A.
The sole and exclusive administration of, and the responsibility for the
proper, effective operation of the Retirement Plan and for implementing the
provisions of this Ordinance is vested in a Board of Trustees,
B,
The Board of Trustees shall consist of five (5) persons; two (2) of whom
shall be legal residents of the City of Aventura and who shall be appointed
by the City Commission from a list provided by the City Manager. Two (2)
members of the Board of Trustees shall be police officers elected by a
majority of the police officers who are active members of the plan, A fifth
member of the Board shall be chosen by a majority of the other four (4)
Trustees, and such person's name shall be submitted to the City
Commission for appointment. The City Commission shall appoint the fifth
member selected by the other four (4) Trustees as a ministerial duty.
C.
All Trustees shall serve a term of two (2) years. If a vacancy shall occur
prior to the expiration of a member's term, a replacement member shall be
chosen in the same manner as the person who has left office, A
replacement Trustee shall serve a full term measured from the date of
replacement. All Trustees shall serve until their replacements are
selected.
RESOLUTION NO, 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE
APPOINTMENT BY THE COMMISSION OF TWO
MEMBERS TO THE BOARD OF TRUSTEES OF THE
POLICE OFFICERS' RETIREMENT PLAN AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2004-07 established a Police Officers' Retirement
Plan; and
WHEREAS, in accordance with the provisions of Ordinance No. 2004-07, two
members of the Board of Trustees of the Police Officers' Retirement Plan shall be
appointed by the City Commission from a list provided by the City Manager; and
WHEREAS, the City Commission wishes to provide for the appointment of those
two members to the Police Officers' Retirement Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby appoints the following individuals to
serve as members of the Board of Trustees of the City of Aventura Police Officers'
Retirement Plan for a two-year term:
Harris C. Friedman
Craig D, Shapiro
Section 2.
adoption,
This Resolution shall become effective immediately upon its
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 lev Auerbach
Commissioner Jay R, Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2002-20
Page 2
PASSED AND ADOPTED this 13th day of April, 2004.
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission ~
Eric M. Soroka, City rr~r- e
September 14, 2001
Resolution Authorizing Ex cution of Development Agreement for
Design and Build of the Middle School Addition to Charter School
Facility
TO:
FROM:
SUBJECT:
April 13, 2004 City Commission Meeting Agenda Item _1::J~
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the
Development Agreement for the design and build of the Middle School addition to
Charter School Facility between the City and Charter Schoolhouse Developers, Inc.
(CSD),
BACKGROUND
Resolution No. 2004-15 selected the firm of Charter Schoolhouse Developers, Inc, to
design and build a middle school addition to the Charter School and authorize the City
Manager to negotiate the terms and fees for said services.
The agreed upon plans for the middle school addition includes the following highlights:
. Separate dining facilities for middle school students that allows for only 2 lunch
periods,
. Expanded state-of-the-art Media Center and computer lab that can
accommodate the entire school.
. Separate state-of-the-art science lab.
. Classrooms for language arts, science, social studies, computer science, music,
math and art to serve 300 students,
. Gifted and E,S,E. and E.S,O,L. facilitieslrooms are included.
. Provisions for built-in student lockers are included.
. The middle school will operate as a separate wing that can control the
commingling of K-5 students with 6-8 students,
. Separate drop-off point for the middle school wing was created,
. A new playfield including basketball court and a small track was added.
. Adequate space for parent volunteers and an additional computer lab was
captured in the old media center,
Memo to City Commission
Page 2
. Expanded parking facilities for 41 new spaces,
Attached is the Agreement that has been negotiated with Charter Schoolhouse
Developers, Inc. for the design and construction of the school. It is an extensive
agreement that incorporates the requirements contained in the RFP and the response
documents, The Agreement has been reviewed by the City Attorney's Office and Kathy
Wilbur.
The major points of the Agreement are as follows:
2,
3,
4.
1.
The respond documents filed in response to RFP #01-03-12-12-02 have
been incorporated in the document.
Establishes a Schedule of Values (See Exhibit "An).
Requires that a Temporary Certificate of Occupancy be acquired for the
school no later than July 1, 2005,
In the event the school is not completed in the time frame outlined in the
Agreement, liquidated damages of $5,000 1 day will be assessed,
Establishes the Guaranteed Maximum Price at $4,100,000 for a 31,423
square foot facility including architect 1 engineering services, contract
administration and management and site improvements, In the event the
project is completed under the Guaranteed Maximum Price, the savings
will be split 65% (City) and 35% (CSD).
Requires that the City approve the final design prior to commencement of
construction.
Establishes requirements for payment and performance bonds and
insurance.
The Developer's fee for overhead and profit is $310,000.
The Developer is responsible for taking the necessary precautions to
insure that the construction does not interfere with the current school
operations.
The Agreement is contingent on the City obtaining an amended charter for
the middle school wing from the Miami-Dade School Board.
Allows for the termination by the City for convenience and without cause.
5,
6,
7.
8,
9,
10.
11,
A preliminary site plan and school layout is attached. A great deal of time and effort
was expended to insure that the new wing coordinates with the K-5 building and
continues our standard of excellence at the school. If you have any questions, please
contact me,
EMS/ja
Attachment
CCO1285-04
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PEREZ ASSOCIATES
ARCHITECTS
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RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED
DEVELOPMENT AGREEMENT TO DESIGN AND BUILD
MIDDLE SCHOOL WING ADDITION TO AVENTURA
CHARTER SCHOOL BETWEEN THE CITY OF AVENTURA
AND CHARTER SCHOOLHOUSE DEVELOPERS, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized to execute the attached
Development Agreement to design and build middle school wing addition to the
Aventura Charter School between the City of Aventura and Charter Schoolhouse
Developers, Inc.
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2001-67
Page 2
PASSED AND ADOPTED this 13th day of April, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
DEVELOPMENT AGREEMENT
between
CHARTER SCHOOLHOUSE DEVELOPERS, INC
and
THE CITY OF AVENTURA
For
DESIGN AND BUILD MIDDLE SCHOOL WING ADDITION TO CHARTER
SCHOOL
Table of Contents
Articles
ARTICLE 1- DEFINITIONS
ARTICLE 2 - CONTRACT DOCUMENTS
ARTICLE 3 -SCOPE OF WORK
ARTICLE 4 - CONTRACT TIME
ARTICLE 5 -CONTRACT SUM
ARTICLE 6 DEVELOPER'S RESPONSIBILITIES
ARTICLE 7 -CITY'S RESPONSIBILITIES
ARTICLE 8 -CITY MANAGER'S RESPONSIBILITIES
ARTICLE 9 -BONDS AND INSURANCE
ARTICLE 10 - WARRANTIES; TESTS AND INSPECTIONS:
CORRECTION OF DEFECTIVE WORK
ARTICLE 11- CHANGE OF CONTRACT TIME
ARTICLE 12 - COST OF WORK
ARTICLE 13 -PAYMENTS TO DEVELOPER AND COMPLETION OF WORK
ARTICLE 14, TERMINATION OF THE AGREEMENT
ARTICLE 15 - NOTICE, COMPUTATION OF TIME
ARTICLE 16 - MISCELLANEOUS
ARTICLE 17 - ASSIGNMENT
ARTICLE 18- SPECIFIC PERFORMANCE
ARTICLE 19- HAZARDOUS SUBSTANCES
Paae
2
4
6
7
7
8
15
16
16
21
23
24
25
28
30
31
32
32
32
DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE
AVENTURA MIDDLE SCHOOL ADDITION TO THE CHARTER SCHOOL
THIS AGREEMENT, made and entered into the 14th day of April 2004 by and
between:
CITY OF AVENTURA,
a Florida municipal corporation
19200 West Country Club Drive
Aventura, Florida 33180
(hereinafter referred to as "CITY")
AND
CHARTER SCHOOLHOUSE DEVELOPERS, INC,
1500 San Remo Avenue
Suite 170
Coral Gables, Florida 33146
(hereinafter referred to as "DEVELOPER")
WHEREAS, there are no Miami-Dade County Public (MDCPS) schools within the
CITY's municipal boundaries, MDCPS has indicated that the MDCPS schools that serve
the CITY have been and continue to be overcrowded, and there is insufficient school
capacity to accommodate the impacts of new residential development; and
WHEREAS, the CITY, in response to the growth in its school age population,
including that growth specifically resulting from the development of new residential
dwellings, created, built and currently operates the Aventura Charter Elementary School
(ACES), thereby providing educational choice to its residents and assisting MDCPS in
alleviating its growing school capacity needs; and
WHEREAS, the CITY wishes to further preserve the quality of life for its residents
by the creation of a middle school component to ACES that will provide additional public
school capacity to mitigate the impact of new residential development; and
WHEREAS, the CITY issued RFP #03-12-12-2 to design and build middle school
wing addition to Charter School for the City of Aventura at the site located at 3333 N, E,
188th Street, Aventura, Florida hereinafter referred to as "Site"; and
WHEREAS, after extensive review of the submittal by City staff, staff
recommended that Charter Schoolhouse Developers, Inc" be selected to design and
build middle school wing addition to Charter School for the City of Aventura; hereinafter
referred to as "Facility"; and
WHEREAS, Charter Schoolhouse Developers, Inc" has developed a team which
1
includes the firms of Luis Machado Construction and Perez Partners who have a unique
level of expertise in the design and construction of school projects; and
WHEREAS, at the February 3, 2004, City Commission meeting, the Commission
approved a Resolution selecting the firm of Charter Schoolhouse Developers, Inc., to
design and build middle school wing addition to Charter School for the City of Aventura
and authorizing the City Manager to negotiate the terms and fees and finalize
agreements necessary to implement said Resolution,
WHEREAS, it is in the best interests of the CITY to enter into a Development
Agreement (hereinafter referred to as "Agreement") with Charter Schoolhouse
Developers, Inc" to design and construct the Facility; now, therefore,
IN CONSIDERATION of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
ARTICLE 1- DEFINITIONS
Wherever used in this Agreement or in the other Contract Documents the
following terms have the meanings indicated which are applicable to both the singular
and plural thereof:
1.1
1.2
1.3
1.4
Agreement - The written agreement between CITY and DEVELOPER covering
the Work to be performed including other Contract Documents that are attached
to the Agreement or made a part thereof,
CITY - The City of Aventura with whom DEVELOPER has entered into the
Agreement and for whom the Work is to be provided.
City Manaaer - The City Manager or his designee (hereinafter referred to as
"Manager") of the City of Aventura, who has the authority on behalf of the CITY
to grant or deny approvals, conduct reviews and inspections, and perform the
CITY's responsibilities required by this Agreement.
Contract Documents - The Contract Documents consist of the Agreement, the
Schedule of Values, the Plans and Specifications, Non-Collusive Affidavit, Public
Entity Crimes Form, Notice to Proceed, Certificate(s) of Insurance, Payment and
Performance Bonds, all applicable provisions of State, Federal or local law
(incorporated herein by reference), the Florida Building Code, including Chapter
423 (the State Requirements for Educational Facilities, hereinafter referred to as
"SREF"), the Florida Fire Prevention Code, including reference documents, the
response to RFP #03-12-12-2, design and build middle school wing addition to
Charter School for the City of Aventura as submitted by DEVELOPER dated
2
1.5
1,6
1,7
1.8
1.9
December 12, 2003 (the "RFP Response"), and any additional documents which
are required to be submitted under the Agreement, and all amendments,
modifications and supplements issued on or after the effective date of the
Agreement.
Defective -An adjective which when modifying the Work refers to Work that is
unsatisfactory, faulty or deficient, or does not conform to the Contract
Documents, or does not meet the requirements of any inspection, reference
standard, test or approval referred to in the Contract Documents, or has been
damaged prior to final payment.
DEVELOPER - Charter Schoolhouse Developers, Inc" having responsibility for
the design and construction of the facility,
Drawinas -The drawings which show the character and scope of the Work to be
performed and which are referred to in the Contract Documents,
Effective Date of the Aareement - The date indicated in the Agreement on
which it becomes effective, but if no such date is indicated it means the date on
which the Agreement is signed and delivered by the last of the two parties to sign
and deliver.
Notice to Proceed -A written notice given by CITY to DEVELOPER fixing the
date on which the DEVELOPER shall have access to the Site for the purpose of
completing the construction in accordance with this Agreement.
1,10 Sub-contractor - An individual, firm or corporation having a direct Contract with
DEVELOPER or with any other Sub-contractor for the performance of a part of
the Work at the site,
1.11 Work - Work is the result of performing services, specifically, including but not
limited to, professional design services and construction, furnishing labor,
equipment and materials incorporated, used or incorporated in the design and
construction of the entire project as required by the Contract Documents.
1.12 Written Amendment - A written amendment of the Agreement andlor the
Contract Documents, signed by CITY and DEVELOPER on or after the Effective
Date of the Agreement and normally dealing with the non-engineering, non-
architectural, or non-technical aspects, rather than strictly Work related aspects.
of the Contract Documents,
3
ARTICLE 2 - CONTRACT DOCUMENTS
2.1
Enumeration of Contract Documents:
2,1,1 The Contract Documents which comprise the entire agreement between
CITY and DEVELOPER are attached or incorporated by reference and made a
part of this Agreement hereof and consist of the following:
(1 )
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11 )
(12)
(13)
This Agreement (pages 1 to 35, inclusive),
Schedule of Values, attached hereto and incorporated herein as Exhibit
"A" to this Agreement.
Revised Site Plan, attached hereto and incorporated herein as Exhibit "B"
to this Agreement
Construction performance bond, consisting of _pages,
Construction payment bond, consisting of ~pages,
Insurance certificate, consisting of _page,
Notice to Proceed,
All applicable provisions of State, Federal or local law (incorporated herein
by reference), the Florida Building Code, including Chapter 423 (SREF),
and the Florida Fire Prevention Code, including reference documents,
Plans and Specifications,
Non-Collusive Affidavit
Public Entity Crimes Form
The RFP Response
Any modification duly delivered after execution of Agreement.
2.2 Entire Agreement:
The Contract Documents comprise the entire Agreement between CITY and
DEVELOPER concerning the Work, The Contract Documents are complementary; what
is called for by one is as binding as if called for by all. The Contract Documents will be
4
construed in accordance with the law of the State of Florida.
2,3
Intent:
2,3.1 It is the intent of this Agreement to provide for the requirements of the
DEVELOPER to design and construct the Facility in accordance with the RFP
Response and plans and specifications approved by CITY, hereby incorporated by
reference as one of the Contract Documents, and to meet the requirements of the First
Amendment to the Charter School Contract (First Amendment) to provide for a middle
school addition to existing charter school to be approved by the School Board of Miami-
Dade County (School Board) and to complete the Facility on or before the
commencement of the 2005 School Year pursuant to the requirements of Paragraph 4,3
of this Agreement.
2,3,2 It is the intent of the Contract Documents to describe a functionally
complete Facility consisting of total design performed by design professional and
construction to be completed in accordance with the Contract Documents, Any Work,
materials or equipment that may reasonably be inferred from the Contract Documents
as being required to produce the intended result will be supplied whether or not
specifically called for. When words which have a well known technical or trade meaning
are used to describe Work, materials or equipment, such words shall be interpreted in
accordance with that meaning, Reference to standard specifications, manuals or codes
of any technical society, organization or association, or to the laws or regulations of any
governmental authority, whether such reference be specific or by implication, shall
mean the latest standard specification, manual, code or laws or regulations in effect at
the time of contract award, except as may be otherwise specifically stated, However, no
provision of any referenced standard specification, manual or code (whether or not
specifically incorporated by reference in the Contract Documents) shall be effective to
change the duties and responsibilities of CITY, DEVELOPER, or any of their
consultants, agents or employees from those set forth in the Contract Documents,
2,3,3 It is the intent of this Agreement and the Contract Documents to provide for
the DEVELOPER and the DEVELOPER's architect to design and construct the Facility
in accordance with the requirements of the Florida Building Code, including Chapter 423
(SREF), and the Florida Fire Prevention Code, including reference documents,
applicable state laws and rules, and federal law and rules, and alilifelsafety mandates
and mandates resulting from the specified educational program, Certification of
compliance with these requirements shall be demonstrated pursuant to School Board
requirements specified in the Charter School Contract and First Amendment, by the
DEVELOPER providing a signed and sealed statement from the architect of record
stating that "I have designed and inspected the subject facility, and to the best of my
knowledge and ability have determined that: the project is in compliance with applicable
federal laws and rules, applicable statue statutes and rules, the Florida Building Code,
including Chapter 423, and the Florida Fire Prevention Code, including reference
5
documents, and that no asbestos containing materials were specified for use in this
building, nor were asbestos containing materials used in the construction of this project."
2.4
Representation of DEVELOPER:
Execution of the Agreement by the DEVELOPER is a representation that
DEVELOPER has visited the Site and become familiar with the local conditions under
which the Work is to be performed, If conditions are encountered at the Site which are
(1) subsurface or otherwise concealed physical conditions which differ materially from
those indicated in the Contract Documents or (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and generally
recognized as inherent in construction activities of the character provided for in the
Contract Documents, then written notice by the DEVELOPER shall be given to the CITY
promptly before such conditions are disturbed. If the conditions differ materially from
those indicated in the Contract Documents and were not known to the DEVELOPER at
the time this Agreement was executed, and cause a material increase or decrease in
the DEVELOPER's cost of, or time required for, performance of any part of the Work, an
equitable adjustment in the Contract Sum or Contract Time, or both, will be made.
2.5
Before Commencing Operations:
Before undertaking each part of the Work, DEVELOPER shall carefully study and
compare the Contract Documents and check and verify pertinent figures shown thereon.
DEVELOPER shall promptly report in writing to CITY any conflict, error or discrepancy
which DEVELOPER may discover and shall obtain a written interpretation or
clarification from the MANAGER before proceeding with any Work affected thereby. If
the DEVELOPER performs any construction activity knowing it involves a recognized
conflict, error, or discrepancy without such notice, the DEVELOPER shall assume
responsibility for such performance and shall bear the attributable costs for correction,
ARTICLE 3 -SCOPE OF WORK
3,1 DEVELOPER shall provide all labor, services and materials necessary to design,
construct and complete the Facility pursuant to the requirements of this Agreement,
Contract Documents and as generally defined in the RFP Response and as further
defined by the approved site plan contained in Exhibit B and construction documents, In
the event of conflict between the RFP Response and this Agreement, this Agreement
shall prevail.
6
ARTICLE 4 - CONTRACT TIME
4.1 TIME IS OF THE ESSENCE OF THIS AGREEMENT. DEVELOPER
acknowledges that time is of the essence in the completion of this project. The
construction to be performed under this Agreement shall be commenced upon
notification from the CITY as specified in the Notice to Proceed. In addition,
DEVELOPER acknowledges and agrees that Facility must be substantially completed
so that it is available for operation for the commencement of the 2005 School Year
pursuant to the requirements of Paragraph 4,3 of this Agreement.
4.2 The DEVELOPER further agrees that all Work under this Agreement shall be
prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure
full completion thereof within the time specified, Failure to achieve timely, substantial
andlor final completion shall be regarded as a material breach of this Agreement and
subject to the appropriate remedies,
4.3 DEVELOPER acknowledges and agrees that there must be at least a temporary
certificate of occupancy issued for the Facility, pursuant to the requirements of the
Florida Building Code, as further specified in Paragraph 6,2 of this Agreement, no later
than July 1,2005, to ensure that the Facility is ready for the commencement of the 2005
School Year. Should CITY determine that the Facility will not be available for occupancy
on or before July 1, 2005, DEVELOPER agrees to comply with the provisions of
Section 11,1,2 of this Agreement. Upon the issuance of a temporary certificate of
occupancy for the Facility, DEVELOPER agrees to proceed diligently and with all
deliberate speed, to complete any Work remaining under this Agreement, such that a
permanent certificate of occupancy is issued within the timeframes prescribed by law.
ARTICLE 5 -CONTRACT SUM
5,1 CITY shall pay DEVELOPER in current funds as full compensation for the
performance of all the Work a guaranteed maximum price of Four million and one
hundred thousand and 00/100 dollars ($4,100,000,00). This guaranteed maximum price
shall include but not be limited to the following:
ArchitecUEngineering;
Contract Administration and Management;
Construction of a 31,423 sJ, Middle School Addition;
Site improvements, & Play area
5,2 CITY and DEVELOPER acknowledge that there is the guaranteed maximum (GMP)
price of Four million and one hundred thousand and 00/100 dollars ($4,100,000,00);
however, should the CITY request a change in the scope of Work in writing which would
cause an increase in the contract sum, the CITY shall be responsible for said increase
in costs, Any and all changes to the scope of Work shall be done to maintain the
integrity of an operational charter school which meets the requirements of the Charter
7
School Contract, the CITY's November 2003 submittal to the School Board adding the
middle school component, the First Amendment to be approved by the School Board,
and the applicable state statutes,
ARTICLE 6 DEVELOPER'S RESPONSIBILITIES
6,1
Design Responsibilities:
6,1,1 DEVELOPER shall determine the general scope, extent and character of
the Work, in compliance with the Contract Documents and DEVELOPER shall
submit preliminary design documents to CITY, for review and authorization to
proceed with the final design preparation, DEVELOPER shall incorporate CITY's
comments into the design documents and prepare final construction documents
and diagrams setting forth in detail the requirements for construction of the Work
and submit the same to CITY, for approval prior to commencing construction of
the Work, All final design documents, plans, reports, studies and other data
prepared by DEVELOPER shall bear the endorsement of a person in the full
employ of DEVELOPER or sub-contractor and duly registered in the appropriate
professional category,
6,1,2 After CITY'S acceptance of the final construction documents, the original
set of DEVELOPER'S final construction documents shall be provided to CITY
along with two (2) record sets of full size prints, DEVELOPER or its sub-
contractor shall signify, by affixing an endorsement (seal/signature, as
appropriate) on every sheet of the record set, that the Work shown on the
endorsed sheets was produced by DEVELOPER. Upon approval of the final
construction documents, CITY shall issue a written authorization to commence
construction,
6,1,3 All tracings, plans, drawings, diagrams, specifications, maps, reports and
other design documents prepared or obtained under this Agreement shall be
considered works made for hire and shall become the property of CITY without
restriction or limitation on their use for this project pursuant to the requirements
of this Agreement. However, if the documents are modified in any manner by the
CITY without the approval of DEVELOPER or DEVELOPER's architect, CITY's
use of the documents are at CITY's sole risk,
6,1,4 All services shall be performed by DEVELOPER to the satisfaction of
CITY who, upon making a determination of acceptance or satisfaction shall
utilize approved professional standards, Manager, or his designee, shall decide
all questions, and disputes of any nature whatsoever that may arise by reason of
the execution of this Agreement and the prosecution and fulfillment of the
services hereunder.
8
6,1,5 Design shall be performed by qualified architects, engineers and other
professionals duly licensed by the State of Florida and holding current
certificates of registration under the laws of the State of Florida to practice
architectural andlor engineering and who are selected and paid by the
DEVELOPER.
6.2
Applicable Building Code:
The DEVELOPER and the DEVELOPER's architect will design and construct the
Facility in accordance with the requirements of the Florida Building Code, including
Chapter 423 (SREF), and the Florida Fire Prevention Code, including reference
documents, applicable state laws and rules, and federal law and rules, and all
lifelsafety mandates and mandates resulting from the specified educational program,
Certification of compliance with these requirements shall be demonstrated pursuant to
School Board requirements specified in the Charter School Contract and First
Amendment, by the DEVELOPER providing a signed and sealed statement from the
architect of record stating that "I have designed and inspected the subject facility, and to
the best of my knowledge and ability have determined that: the project is in compliance
with applicable federal laws and rules, applicable statue statutes and rules, the Florida
Building Code, including Chapter 423, and the Florida Fire Prevention Code, including
reference documents, and that no asbestos containing materials were specified for use
in this building, nor were asbestos containing materials used in the construction of this
project."
6.3
Liability for use of Work for Intended Purpose:
As an inducement for CITY to enter into this Agreement, DEVELOPER has
represented an expertise in designing and constructing charter schools, In reliance
upon those representations, CITY hired DEVELOPER to provide professional design
services and complete construction services. DEVELOPER shall be liable for any
defective or negligent design, whether patent or latent, andlor any negligence, strict
liability or breach of other legal duty as such may be found by a court of competent
jurisdiction.
6.4 Supervision and Superintendence:
DEVELOPER shall supervise and direct the Work competently and efficiently,
devoting such attention thereto and applying DEVELOPER'S best skill, attention and
expertise, DEVELOPER shall be solely responsible for and have control over the
means, methods, techniques, sequences and procedures of construction. DEVELOPER
shall be responsible to see that the finished Work complies accurately with the Contract
Documents, and approved final construction documents, CITY shall have the authority
to reject Work that does not comply with the Contract Documents,
9
6.5 Resident Superintendent
DEVELOPER shall keep on the Work at all times during its progress a competent
resident superintendent and any necessary assistants who shall not be replaced without
written notice to CITY unless the superintendent proves to be unsatisfactory to
DEVELOPER and ceases to be in his employ,
6.6 Labor:
6,6,1 Construction services shall be performed by qualified construction
contractor licensed to do business in the State of Florida and suppliers, selected
and paid by the DEVELOPER.
6,6,2 DEVELOPER shall provide and pay for competent, suitably qualified
personnel to perform the Work as required by the Contract Documents,
DEVELOPER shall not permit employment of unfit persons or persons not skilled
in tasks assigned to them. DEVELOPER shall at all times maintain good
discipline and order at the Site, Except in connection with the safety or protection
of persons or the Work or property at the Site or adjacent thereto, and except as
otherwise indicated in the Contract Documents, all Work at the Facility which is
exterior to the Facility, Le., roofing, HVAC installations, any and all external
structure renovations, shall be performed during the hours of 7:00 am, and 6:00
p,m" unless otherwise approved by CITY.
6.7 Materials:
6,7,1 Unless otherwise specified herein, DEVELOPER shall furnish, pay for and
assume full responsibility for all materials, equipment, transportation, machinery,
tools, appliances, water, heat, utilities and all other facilities and services
necessary for the furnishing, performance, testing, start-up and proper
completion of the Work,
6,7,2 DEVELOPER warrants that all materials and equipment shall be of good
quality and new, unless otherwise provided in the Contract Documents and that
the construction will be free from defects whether patent or latent in nature. All
materials and equipment shall be applied, installed, connected, erected, used,
cleaned and conditioned in accordance with the instructions of the applicable
Supplier except as otherwise provided in the Contract Documents,
6.8 Concerning Sub-contractors, Suppliers and Others:
6,8.1 Prior to the commencement of any specific Work hereunder, and prior to
award of any subcontracts, DEVELOPER shall furnish, in writing to CITY, the
names of persons or entities (including those who are to furnish materials or
10
equipment fabricated to a special design) proposed for each principal portion of
the Work. CITY shall advise DEVELOPER, in writing, of any proposed person or
entity to which CITY has a reasonable objection, Failure of CITY to reply
promptly shall constitute notice of no reasonable objection, DEVELOPER shall
not contract with a proposed person or entity to whom CITY has made a
reasonable and timely objection. If CITY has reasonable objection to a person or
entity proposed by DEVELOPER, DEVELOPER shall propose another to whom
CITY has no reasonable objection, DEVELOPER shall not change a sub-
contractor, person or entity previously selected if CITY makes reasonable
objection to such change,
6,8,2 DEVELOPER shall be fully responsible to CITY for all acts and omissions
of the DEVELOPER'S employees, Sub-contractors, Suppliers and other persons
directly or indirectly employed by his Sub-contractors, suppliers and of persons
for whose acts any of them may be liable and any other persons and
organizations performing or furnishing of the Work under a direct or indirect
Contract with DEVELOPER. Nothing in the Contract Documents shall create any
Contractual relationship between CITY and any such Sub-contractor, supplier or
other person or organization, nor shall it create any obligation on the part of CITY
to payor to see to the payment of any moneys due any such Sub-contractor,
supplier or other person or organization except as may otherwise be required by
laws and regulations,
6,8,3 All Work performed for DEVELOPER by a Sub-contractor will be pursuant
to an appropriate agreement between DEVELOPER and the Subcontractor
which specifically binds the Sub-contractor to the applicable terms and conditions
of the Contract Documents for the benefit of CITY,
6,8.4 Developer shall provide the CITY with access to the site and work at
reasonable times for the installation of all furniture and equipment needed to
operate the charter school middle school addition. It is understood that the CITY
will be responsible for ensuring that any and all damage caused by such
installation shall be corrected, without affecting the contract time.
6.9
Patent Fees and Royalties:
DEVELOPER shall pay all license fees and royalties and assume all costs
incident to the use in the performance of the Work or the incorporation in the Work of
any invention, design, process, product or device which is the subject of patent rights or
copyrights held by others,
6.10 Permits:
DEVELOPER shall obtain all necessary approvals and pay for all permits and
11
licenses, DEVELOPER shall pay all governmental charges and inspection fees
necessary with the exception that municipal permit and inspection fees related to this
Agreement shall be waived, to the extent allowed.
6.11 Laws and Regulations:
DEVELOPER, including all of DEVELOPER"S services and the Work, shall
comply with and give all notices required by laws, ordinances, rules, regulations and
lawful orders of public authorities applicable to the performance of the Work, CITY shall
not be responsible for monitoring DEVELOPER'S compliance with any laws and
regulations. DEVELOPER shall promptly notify CITY if the Contract Documents are
observed by DEVELOPER to be at variance therewith, In the event of such variance,
DEVELOPER, at its cost and expense shall revise the Contract Documents to comply
with such laws, and correct those portions of the Work, if any, constructed pursuant to
the non-compliant Construction Documents,
6.12 Risk of Loss; Title:
The risk of loss, injury or destruction shall be on DEVELOPER until acceptance
of the Work by CITY, Title to the Work shall pass to CITY upon acceptance of the Work
by CITY,
6.13 Taxes:
DEVELOPER shall pay all sales, consumer, use and all other taxes required to
be paid in connection with the Work in accordance with the laws and regulations of the
State of Florida and its political subdivisions, DEVELOPER is responsible for reviewing
the pertinent state statutes involving such taxes and complying with all requirements,
6,14 Elementary School Operations:
DEVELOPER acknowledges the existing operations of the Charter School
adjacent to the Site, that serves 600 elementary school students, ages 5 to 11
(Elementary School). DEVELOPER shall provide for the safety and protection of the
Elementary School students, staff, and other persons from and during the performance
of the Work and shall ensure that the Work does not unreasonably interfere with the
regular operations of the Elementary School. The regular operations of the Elementary
School shall include, but not be limited to, the regular school day, scheduled before and
after school activities, and parent/bus drop-off and pick-up times. All Work to be
performed on the Elementary School site (e,g., connecting walkways), shall be
performed outside the regular operations of the Elementary School, unless otherwise
approved by the CITY.
12
6.15 Use of Premises:
6.15,1 DEVELOPER shall confine equipment, the storage of materials and
equipment and the operations of workers to the Site and areas identified in and
permitted by the CITY and Contract Documents and shall not unreasonably
encumber the Site with equipment or other materials. DEVELOPER shall
assume full responsibility for any damage to any such land or area, or to the
owner or occupant thereof or of any land or areas contiguous thereto, resulting
from the performance of the Work, Should any claim be made against CITY by
any such owner or occupant because of the performance of the Work,
DEVELOPER shall promptly attempt to settle with such other party by agreement
or otherwise resolve the claim, The general indemnification provided elsewhere
in this Agreement specifically applies to the foregoing claims arising out of
DEVELOPER's use of the Site,
6,15.2 During the progress of the Work, DEVELOPER shall keep the Site free
from accumulations of waste materials, rubbish and other debris resulting from
the Work. At the completion of the Work" DEVELOPER shall remove all waste
materials, rubbish and debris from and about the Site, as well as all tools,
appliances, equipment and machinery, and surplus materials, and shall leave the
Site clean and ready for occupancy by CITY, DEVELOPER shall restore to
original condition all property not designated for alteration by the Contract
Documents,
6,15.3 DEVELOPER shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall DEVELOPER
subject any part of the Work or adjacent property to stresses or pressures that
will endanger it.
6.16 Access to Work:
DEVELOPER shall provide CITY, CITY's consultants, representatives and
personnel, personnel, independent testing laboratories and governmental agencies with
jurisdictional interests with access to the Site and Work at reasonable times for their
observation, inspection and testing, DEVELOPER shall provide them proper and safe
conditions for such access and advise them of DEVELOPER's site safety procedures
and programs so that they may comply therewith,
6,17 Safety and Protection:
6.17.1 DEVELOPER shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work to
prevent damage, injury or loss to all employees on the Site and other persons
13
and organizations who may be affected thereby; all the Work and materials and
equipment to be incorporated therein, whether in storage on or off the Site; and
other property at the Site or adjacent thereto.
6.17.2 DEVELOPER shall comply with all applicable laws and regulations of
any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss.
6.18 Indemnification:
6,18,1 GENERAL INDEMNIFICATION: The parties agree that one percent
(1%) of the total compensation paid to DEVELOPER for the Work of the
Agreement shall constitute specific consideration to DEVELOPER for the
indemnification to be provided under the Agreement To the fullest extent
permitted by laws and regulations, DEVELOPER shall indemnify, defend, save
and hold harmless the CITY, its officers, agents and employees, from or on
account of all claims, damages, losses, liabilities and expenses, direct, indirect or
consequential including but not limited to fees and charges of engineers,
architects, attorneys, consultants and other professionals and court and
arbitration costs arising out of or alleged to have arisen out of or in consequence
of the performance of the Work of this Agreement. Such indemnification shall
specifically include but not be limited to claims, damages, losses, liabilities and
expenses arising out of or from (a) the negligent or defective design of the
project and Work of this Agreement; (b) any act, omission or default of
DEVELOPER andlor his sub-contractors, agents, servants or employees; (c) any
and all bodily injuries, sickness, disease or death; (d) injury to or destruction of
tangible property, including the loss of use resulting therefrom; (e) other such
damages, liabilities, or losses received or sustained by any person or persons
during or on account of any operations connected with the construction of this
project including the warranty period; (f ) the use of any improper materials; (g)
any construction defect including both patent and latent defects; (h) failure to
timely complete the Work in the time specified in this Agreement; (i) the violation
of any federal, state, county or city laws, by-laws, ordinances or regulations by
DEVELOPER, his sub-contractors, agents, servants, independent contractors or
employees; G) the breach or alleged breach by DEVELOPER of any term of the
Agreement, including the breach or alleged breach of any warranty or guarantee,
The CITY shall be responsible for its own gross negligence or willful misconduct
of its agents, servants, or employees,
6,18,2 PATENT AND COPYRIGHT INDEMNIFICATION: DEVELOPER agrees
to indemnify, defend, save and hold harmless the CITY, its officers, agents and
employees, from all damages, liabilities, losses, claims, fines and fees, and from
any and all suits and actions of every name and description that may be brought
against CITY, its officers, agents and employees, on account of any claims, fees,
14
royalties, or costs for any invention or patent andlor for the infringement of any
and all copyrights or patent rights claimed by any person, firm, or corporation
arising from this Agreement.
6,18,3 DEVELOPER shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing
indemnifications including, but not limited to, reasonable attorney s fees and
costs at both the trial and appellate levels,
6.18.4 DEVELOPER reserves the right to select its own legal counsel, subject
to mutual agreement of the parties, to conduct any defense in any such
proceeding and all costs and fees associated therewith including any costs or
fees of an appeal shall be the responsibility of DEVELOPER under the
indemnification agreement. Nothing contained herein is intended nor shall it be
construed to waive CITY's rights and immunities under the common law or
Florida Statute 768,28 as amended from time to time. This obligation shall not be
construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party described in this
Paragraph and its subparts.
6.19 Survival of Obligations:
All representations, indemnifications, warranties and guarantees made in,
required by, or given in accordance with this Agreement, as well as all continuing
obligations indicated in the Contract Documents, shall survive final payment, completion
and acceptance of the Work and termination or completion of the Agreement.
6,20 Correction or Removal of Defective Work:
If required by CITY, DEVELOPER shall promptly, as directed, either correct all
defective Work, whether or not fabricated, installed or completed, or, if the Work has
been rejected by CITY, remove it from the site and replace it with non-defective Work,
DEVELOPER shall bear all direct, indirect and consequential costs of such correction or
removal (including but not limited to fees and charges of engineers, architects, attorneys
and other professionals) made necessary thereby,
ARTICLE 7 -CITY'S RESPONSIBILITIES
7.1 CITY shall furnish data required of CITY under the Contract Documents promptly,
7.2 CITY acknowledges that all plan reviews, inspections and required approvals of the
CITY shall be expedited,
7,3 If the Work, or any portion thereof, is defective, or DEVELOPER fails to supply
15
sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform
the Work in such a way that the completed Work will conform to the Contract
Documents, CITY may order DEVELOPER to stop the Work, or any portion thereof,
until the cause for such order has been eliminated; however, this right of CITY to stop
the Work shall not give rise to any duty on the part of CITY to exercise this right for the
benefit of DEVELOPER or any other party,
ARTICLE 8 CITY MANAGER'S RESPONSIBILITIES
8.1 The Manager will be CITY'S representative during the development and
construction period and until final payment is due to DEVELOPER
8,2 Visits to Site:
The Manager will make visits to the Site at intervals appropriate to the various
stages of construction to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract
Documents. The Manager's efforts will be directed toward providing for CITY a greater
degree of confidence that the completed Work will conform to the Contract Documents.
On the basis of such visits and on-site inspections, the Manager shall keep CITY
informed of the progress of the Work,
8.3
Rejecting Defective Work:
The Manager will have the authority to disapprove or reject Work which Manager
believes to be defective, and will also have authority to require special inspections or
testing of the Work whether or not the Work is fabricated, installed or completed without
causing unreasonable delay,
ARTICLE 9 -BONDS AND INSURANCE
9.1
Payment and Performance Bonds:
9.1.1 Within fifteen (15) calendar days after Notice to Proceed and in any
event prior to commencing Work, the DEVELOPER shall furnish to CITY a
performance bond and a payment bond, each written by a corporate surety,
having a resident agent in the State of Florida and having been in business with
a record of successful continuous operation for at least five (5) years, The surety
shall hold a current certificate of authority from the Secretary of Treasury of the
United States as an acceptable surety on federal bonds in accordance with
United States Department of Treasury Circular No. 570, If the amount of the
Bond exceeds the underwriting limitation set forth in the circular, in order to
qualify, the net retention of the surety company shall not exceed the underwriting
limitation in the circular and the excess risks must be protected by coinsurance,
16
reinsurance, or other methods, in accordance with Treasury Circular 297, revised
September 1, 1978 (31 DFR, Section 223.10, Section 223.11), Further, the
surety company shall provide CITY with evidence satisfactory to CITY, that such
excess risk has been protected in an acceptable manner. The surety company
shall have at least the following minimum qualification in accordance with the
latest edition of AM. Best's Insurance Guide, published by Alfred M. Best
Company, Inc" Ambest Road, Oldwick, New Jersey 08858: B+ to A+,
9,1,2 Two (2) separate bonds are required and both must be approved by the
CITY. The penal sum stated in each bond shall be the amount equal to the total
amount payable under the terms of the Agreement. The performance bond shall
be conditioned that the DEVELOPER or sub-contractor perform the Agreement
in the time and manner prescribed in the Agreement. The payment bond shall be
conditioned that the DEVELOPER or sub-contractor promptly make payments to
all persons who supply the DEVELOPER or sub-contractor with labor, materials
and supplies used directly or indirectly by the DEVELOPER or sub-contractor in
the prosecution of the Work provided for in the Agreement and shall provide that
the surety shall pay the same in the amount not exceeding the sum provided in
such bonds, together with interest at the maximum rate allowed by law; and that
they shall indemnify and save harmless the CITY to the extent of any and all
payments in connection with the carrying out of said Agreement which the CITY
may be required to make under the law,
9,1,3 Pursuant to the requirements of Section 255,05(1 )(a), Florida Statutes, it
shall be the duty of the DEVELOPER to record the aforesaid payment and
performance bonds in the public records of Miami-Dade County, with the
DEVELOPER to pay all recording costs.
9.2
Bonds, Reduction After Final Payment:
Such bonds shall continue in effect for one (1) year after final payment becomes
due except as otherwise provided by law or regulation or by the Contract Documents
with the final sum of said bonds reduced after final payment to an amount equal to
twenty five percent (25%) of the Contract Sum, or an additional bond shall be
conditioned that DEVELOPER shall correct any defective or faulty Work or material
which appears within one (1) year after final completion of the Agreement, upon
notification by the CITY,
9.3 Duty to Substitute Surety:
If the surety on any Bond furnished by DEVELOPER is declared bankrupt or
becomes insolvent or its right to do business is terminated in the State of Florida or it
ceases to meet the requirements of other applicable laws or regulations, DEVELOPER
shall within seven (7) days thereafter substitute another bond and surety, both of which
17
must be acceptable to CITY,
9.4
Insurance:
9.4.1 At the time of execution of the Agreement the DEVELOPER shall submit
certificate(s) of insurance evidencing the required coverages and specifically
providing that the City of Aventura is an additional named insured or additional
insured with respect to the required coverage and the operations of the
DEVELOPER under the Agreement. The certificates of insurance shall not only
name the types of policies provided, but shall also specifically refer to this
Agreement and shall state that such insurance is as required by Article 9 and its
subparts of this Agreement. DEVELOPER shall not commence Work under this
Agreement until after DEVELOPER has obtained all of the minimum insurance
herein described and the policies of such insurance detailing the provisions of
coverage have been received and approved by CITY, DEVELOPER shall not
permit any Subcontractor to begin work until after similar minimum insurance to
cover Subcontractor has been obtained and approved, In the event the insurance
certificate provided indicates that the insurance shall terminate and lapse during
the term of this Agreement, then in that event, DEVELOPER shall furnish, at
least thirty (30) calendar days prior to expiration of the date of such insurance, a
renewed certificate of insurance as proof that equal and like coverage and
extension thereunder is in effect. DEVELOPER shall not continue to perform the
services required by this Agreement unless all required insurance remains in full
force and effect.
9,4,2 Insurance Companies selected must be licensed to do business in the
State of Florida and acceptable the CITY, All of the policies of insurance so
required to be purchased and maintained shall contain a provision or
endorsement that the coverage afforded shall not be canceled, materially
changed or renewal refused until at least thirty (30) calendar days written notice
has been given to CITY by certified mail.
9.4.3 The DEVELOPER shall procure and maintain at its own expense and
keep in effect during the full term of the Agreement. a policy or policies of
insurance which must include the following coverage and minimum limits of
liability:
(a)
Professional Liabilitv (Errors and Omissions) Insurance for architectural
and engineering services and the services of any other professional used
in the performance of the Work of this Agreement in the amount of
$1,000,000.00, The certificate of insurance for professional liability shall
reference any applicable deductible and the Work of this Agreement.
(b)
Worker's Compensation Insurance for statutory obligations imposed by
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(c)
(d)
Worker's Compensation or Occupational Disease Laws, including, where
applicable, the United States Longshoremen's and Harbor Worker's Act,
the Federal Employer's Liability Act and the Homes Act. Employer's
Liability Insurance shall be provided with a minimum of One Hundred
Thousand and xx/100 dollars ($100,000.00) per accident. DEVELOPER
agrees to be responsible for the employment, conduct and control of its
employees and for any injury sustained by such employees in the course
of their employment.
Comprehensive Automobile Liabilitv Insurance for all owned, non-owned
and hired automobiles and other vehicles used by the DEVELOPER in
the performance of the Work with the following minimum limits of liability:
$1,000,000,00
Combined Single Limit, Bodily Injury and
Property Damage Liability, per occurrence
Comprehensive General Liabilitv Insurance (occurrence form) with the
following minimum limits of liability:
$1,000,000,00
Combined Single Limit, Bodily Injury and
Property Damage Liability, per occurrence
Coverage must be offered in a form no more restrictive than the latest
edition of the Comprehensive General Liability Policy without restrictive
endorsements, as filed by the Insurance Services Office and shall
specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage
Liability:
1,
2.
3,
4,
5,
Premises and Operations;
Independent Developers;
Product and Completed Operations Liability;
Broad Form Property Damage;
Broad Form Contractual Coverage applicable to the Agreement
and specifically confirming the indemnification and hold harmless
agreement in the Agreement; and
Personal Injury coverage with employment contractual exclusions
removed and deleted,
6,
(e)
Builder's Risk Insurance in an amount not less than THE
REPLACEMENT COST for the construction of the Work, Coverage shall
be "All Risk" coverage for one hundred percent (100%) of the completed
value with a deductible of not more than five thousand and 00/100 dollars
($5,000,00) per claim,
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9.4.4 DEVELOPER shall maintain the Products/Completed Operations Liability
Insurance for a period of at least two (2) years after final payment for the Work
and furnish CITY with evidence of continuation of such insurance at final
payment and one (1) year thereafter.
9.4,5 The required insurance coverage shall be issued by an insurance
company authorized and licensed to do business in the State of Florida, with the
following minimum rating of B + to A +, in accordance with the latest edition of
AM, Best's Insurance Guide,
9.4,6 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against CITY with the express intention of the parties
being that the required insurance coverage protect both parties as the primary
coverage for any and all losses covered by the above described insurance.
9.4.7 The DEVELOPER shall ensure that any company issuing insurance to
cover the requirements contained in this Agreement agrees that they shall have
no recourse against CITY for payment or assessments in any form on any policy
of insurance,
9.4.8 The clauses "Other Insurance Provisions" and "Insurers Duties in the
Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in
which CITY is named as an additional named insured shall not apply to CITY,
CITY shall provide written notice of occurrence within fifteen (15) working days of
CITY's actual notice of such an event.
9.4,9 The DEVELOPER shall not commence performance of its obligations
under this Agreement until after it has obtained all of the minimum insurance
herein described and the same has been approved,
9.4,10 All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against CITY with the express intention of the parties
being that the required insurance coverages protect both parties as the primary
coverages for any and all losses covered by the above described insurance,
9.4,11 The DEVELOPER agrees to perform the Work under the Agreement as
an independent DEVELOPER, and not as a sub-contractor, agent or employee
of CITY,
9.4.12 DEVELOPER shall require each of its Sub-contractors of any tier to
maintain the insurance required herein for each category, and DEVELOPER
shall provide verification thereof to CITY upon request of CITY,
20
9.4,13 Violation of the terms of this paragraph and its subparts shall constitute
a material breach of the Agreement and CITY, at its sole discretion, may cancel
the Agreement and all rights, title and interest of the DEVELOPER shall
thereupon cease and terminate,
9.5 CITY'S Liability and Insurance:
CITY shall not be responsible for purchasing and maintaining any insurance to
protect the interests of DEVELOPER, Sub-contractors or others on the Work. CITY
specifically reserves all statutory and common law rights and immunities and nothing
herein is intended to limit or waive same including, but not limited to, the procedural,
monetary limitation and substantive provisions of Section 768,28, Florida Statutes and
Section 95,11, Florida Statutes,
ARTICLE 10 - WARRANTIES: TESTS AND INSPECTIONS: CORRECTION OF
DEFECTIVE WORK
10,1 Warranty of Title:
The DEVELOPER warrants to the CITY that it possesses good, clear and
marketable title to all equipment and materials provided hereunder and there are no
pending liens, claims or encumbrances whatsoever against said equipment and
materials,
10.2 Warranty of Specifications:
The DEVELOPER warrants that all equipment, materials and workmanship
furnished, whether furnished by the DEVELOPER or its Sub-contractors and suppliers,
will comply with the Contract Documents including, without limitations, the
specifications, drawings and other descriptions supplied or adopted and that all services
will be performed in a workmanlike manner.
10.3 Warranty of Merchantability:
DEVELOPER warrants that any and all equipment to be supplied pursuant to the
Agreement is merchantable, free from defects, whether patent or latent in material or
workmanship and fit for the ordinary purposes for which it is intended,
10,4 Correction Period:
DEVELOPER warrants, through the Performance Bond, all material and
construction workmanship for a minimum of one (1) year from date of acceptance by the
CITY, If within one (1) year after the date of final completion or such longer period of
time as may be prescribed by laws or regulations or by the terms of any applicable
21
special guarantee required by the Contract Documents, any Work is found to be
defective, whether observed before or after acceptance by CITY, DEVELOPER shall
promptly, without cost to CITY and in accordance with CITY's written instructions, either
correct such defective Work, or, if it has been rejected by CITY, remove it from the Site
and replace it with Work that is not defective and satisfactorily correct and remove and
replace any damage to other Work or the Work of others resulting therefrom, If
DEVELOPER does not promptly comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, CITY may have
the defective workmanship corrected or the rejected Work removed and replaced, and
all direct, indirect and consequential costs of such removal and replacement (including
but not limited to fees and charges of engineers, architects, attorneys and other
professionals) will be paid by DEVELOPER upon demand.
10.4.1 Where defective Work (and damage to other Work resulting therefrom)
has been corrected, removed or replaced under this paragraph, the correction
period hereunder with respect to such Work will be extended for an additional
period of one (1) year after such correction or removal and replacement has
been satisfactorily completed,
10.4,2 Nothing contained in this Article shall be construed to establish a period
of limitation with respect to other obligations which DEVELOPER might have
under the Contract Documents, Establishment of the time period of one (1) year
as described in Paragraph 10.4.1 relates only to the specific obligation of the
DEVELOPER to correct the Work, and has no relationship to the time within
which the obligation to comply with the Contract Documents may be sought to be
enforced, nor to the time within which proceedings may be commenced to
establish DEVELOPER's liability with respect to the DEVELOPER's obligation
other than specifically to correct the Work,
10,5 DEVELOPER warrants to the CITY that it, at DEVELOPER'S sole cost and
expense, will comply with all applicable federal, state and local laws, regulations and
orders in carrying out its obligations under this Agreement. DEVELOPER warrants to
the CITY that it has obtained all necessary professional licenses necessary to perform
its services under this Agreement
10.6 DEVELOPER warrants to the CITY that it is not insolvent, it is not in bankruptcy
proceedings or receivership, nor is it engaged in or threatened with any litigation,
arbitration or other legal or administrative proceedings or investigations of any kind
which would have an adverse effect on its ability to perform its obligations under the
Agreement.
10.7 DEVELOPER warrants to the CITY that the consummation of the Work provided
for in the Contract Documents will not result in the breach of any term or provision of, or
constitute a default under any indenture, mortgage, contract, or agreement to which the
22
DEVELOPER is a party.
10.8 DEVELOPER warrants that there has been no violation or copyrights of patent
rights either in the United States of America or in foreign countries in connection with
the Work of the Agreement.
10.9 No warranty, either express or implied, may be modified, excluded or disclaimed
in any way by DEVELOPER. All warranties shall remain in full force and effect,
notwithstanding acceptance and payment by CITY,
10.10 Tests and Inspections:
10,10.1 DEVELOPER shall give CITY timely notice of readiness of the Work
for all required inspections, tests or approvals, DEVELOPER shall assume full
responsibility, pay all costs in connection therewith and furnish CITY the required
certificates of inspection, testing or approval for all materials, equipment or the
Work or any part thereof unless otherwise specified herein,
10,10,2 Inspectors shall have no authority to permit deviations from or to relax
any of the provisions of the Contract Documents, or to delay the Agreement by
failure to inspect the materials and Work with reasonable promptness.
10,10,3 The payment of any compensation whatever may be its character or
form, or the giving of any gratuity or the granting of any favor by the
DEVELOPER to any inspectors, directly or indirectly is strictly prohibited and any
such action on the part of the DEVELOPER will constitute a breach of this
Agreement.
ARTICLE 11- CHANGE OF CONTRACT TIME
11.1 Change of Contract Time:
11,1.1 All time limits stated in the Contract Documents are of the essence of the
agreement. No claim for damages or any claim shall be made or asserted
against the CITY by reason of any delays, An extension of time shall be the
DEVELOPER'S sole remedy for any delay claims.
11,1,2 Developer acknowledges and agrees that the middle school addition
must open in time for the 2005 school year. Should the Facility not receive a
temporary certificate of occupancy on or before July 1, 2005, which will provide
for the use of the entire Facility for its intended purpose as a middle school wing,
the DEVELOPER acknowledges and agrees that it shall pay to the CITY
liquidated damages in the amount of $5,000 per day for every day after July 1,
2004 that the Facility has not received a temporary certificate of occupancy.
Such liquidated damages may be offset against any amounts due and owed by
23
the CITY to DEVELOPER.
ARTICLE 12 . COST OF WORK
12.1 The term "Cost of the Work" means the sum of all direct costs necessarily
incurred and paid by DEVELOPER in the proper performance of the Work, Except as
otherwise may be agreed to in writing by CITY, such costs shall be in amounts no
higher than those prevailing in the locality of the project, shall include the items outlined
in the Schedule of Values, attached hereto and incorporated herein as Exhibit A.
12.2 Developer's Fee
DEVELOPER'S fee allowed to DEVELOPER for overhead and profit shall be
Three hundred and ten thousand dollars ($310,000) as outlined in the Schedule of
Values, attached hereto as Exhibit A.
12.3 Incentive for Cost Savings
As an incentive to reduce total project costs, the following guidelines shall govern
any reductions in the overall cost of the project:
12,3,1 Subject to additions and deductions which have been mutually agreed
to by the CITY and DEVELOPER, the overall guaranteed maximum price shall
be adjusted accordingly,
12.3,2 If DEVELOPER accounts for and provides an overall savings from the
overall guaranteed maximum price and this savings is determined to be actual
costs which are less than the total allowable Cost of Work, the savings shall be
divided among the DEVELOPER and CITY with the CITY receiving sixty five
percent (65 %) of the savings and the DEVELOPER receiving thirty five percent
(35 %) of the savings.
12.4 Cost Breakdown Required:
Whenever the cost of any Work is to be determined pursuant to Paragraph 12,1,
DEVELOPER will submit in form acceptable to CITY an itemized cost breakdown
together with supporting data, Whenever a change in the Work is to be based upon
mutual acceptance of a lump sum, whether the amount is an addition, credit, or no-
change-in-cost, the DEVELOPER shall submit an estimate substantiated by a complete
itemized breakdown, The breakdown shall list quantities and unit prices for materials,
labor, equipment and other items of cost.
24
ARTICLE 13 -PAYMENTS TO DEVELOPER AND COMPLETION OF WORK
13.1
Progress Payments:
13.1,1 DEVELOPER may requisition payments for Work completed and a
monthly draw of the Developer's Fee prorated based upon the percentage of
Work completed during the preceding month during the project at intervals of not
more than once a month, The DEVELOPER's requisition shall show a complete
breakdown of the project components, the quantities completed and the amount
due, together with a certification by the DEVELOPER that the DEVELOPER has
disbursed to all Sub-contractors and suppliers their pro-rata shares of the
payment out of previous progress payments received by the DEVELOPER for all
Work completed and materials furnished in the previous period and partial
waivers of lien executed by DEVELOPER and properly executed releases of
liens by all Sub-contractors, suppliers and materialmen who were included in the
DEVELOPER'S previous applications for payment, and any other supporting
documentation as may be required by the Contract Documents. Each requisition
shall be submitted in triplicate to the Manager for approval. The CITY shall make
payment to the DEVELOPER within thirty (30) calendar days after approval by
the Manager of the DEVELOPER'S requisition for payment.
13,1,2 Ten percent (10 %) of all monies earned by the DEVELOPER including
the monthly draw of DEVELOPER'S Fee shall be retained by the CITY until the
Work is totally completed as specified, and accepted by the CITY except that
after fifty percent (50 %) of the Work has been completed, the CITY may, but in
no way be obligated to, reduce the retainage to five percent (5%) of all monies
earned,
13.2
Final Inspection:
Upon written notice from DEVELOPER that the entire Work or an agreed portion
thereof is complete as evidenced by the issuance of a permanent certificate of
occupancy or use, as applicable, CITY will make a final inspection and will notify
DEVELOPER in writing of all particulars in which this inspection reveals that the Work
is incomplete or defective. DEVELOPER shall immediately take such measures as are
necessary to remedy such deficiencies,
13.3
Final Application for Payment:
After DEVELOPER has completed all such corrections to the satisfaction of
Manager and delivered all maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, marked up record documents and other
documents required by the Contract Documents, and after Manager has indicated that
the Work is acceptable, DEVELOPER may make application for final payment. The final
25
application for payment shall be accompanied by (1) complete and legally effective
releases or waivers of all liens arising out of or filed in connection with the Work: or (2)
DEVELOPER'S receipts in full covering all labor, materials and equipment for which a
lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, suppliers
and Sub-contractors who worked for DEVELOPER under this Agreement have been
paid in full or if the fact be otherwise, identifying the name of each lien or who has not
been paid in full and the amount due or to become due each for labor, services or
materials furnished. If any Subcontractor or supplier fails to furnish a release or receipt
in full, DEVELOPER may furnish a bond satisfactory to CITY to indemnify CITY against
any lien,
In addition, DEVELOPER shall also submit with the final application for payment,
the completed set of "As-Built" drawings for review and approval. The "As-Built"
drawings shall be prepared, sealed and certified by a design professional licensed by
the State of Florida. Final payment to DEVELOPER shall not be made until said
drawings have been reviewed and approved by CITY. Prior to approval, if necessary,
the drawings may be returned to DEVELOPER for changes or modifications if in the
opinion of CITY they do not represent correct or accurate "As-built" drawings,
13.4 Final Payment and Acceptance:
13,4,1 If, on the basis of Manager's observation of the Work during construction
and final inspection, and CITY'S review of the final Application for Payment and
accompanying documentation, CITY is satisfied that the Work has been
completed and DEVELOPER's other obligations under the Contract Documents
have been fulfilled, CITY will, within ten (10) days after receipt of the final
Application for Payment and accompanying documentation, in appropriate form
and substance, present the Application to CITY for payment. Thereupon, the
Manager will give written notice to DEVELOPER that the Work is acceptable,
Otherwise, CITY will return the Application to DEVELOPER, indicating in writing
the reasons for refusing to recommend final payment, in which case
DEVELOPER shall make the necessary corrections and resubmit the Application
and accompanying documentation, in appropriate form and substance, Thirty
(30) days after the Manager has given written notice to DEVELOPER that the
Work is acceptable, the amount recommended will become due and will be paid
by CITY to DEVELOPER.
13.4.2 If, through no fault of DEVELOPER, final completion of the Work is
significantly delayed and if Manager so confirms, CITY shall, upon receipt of
DEVELOPER'S final Application for Payment and without terminating the
Agreement, make payment of the balance due for that portion of the Work fully
completed and accepted, If the remaining balance to be held by CITY for Work
not fully completed or corrected is less than the retainage stipulated in the
Agreement, and if bonds have been furnished as required, the written consent of
the surety to the payment of the balance due for that portion of the Work fully
26
completed and accepted shall be submitted by DEVELOPER to CITY with the
Application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims,
13,5 Final payment, constituting the entire unpaid balance of the Contract Sum, shall
be paid by the CITY to the DEVELOPER when the Work has been completed pursuant
to the terms of this Agreement, the Agreement fully performed, and a final certificate for
payment has been issued by the CITY's Chief Building Official. The making of final
payment shall constitute a waiver of claims by CITY except those arising from:
(1 )
(2)
(3)
(4)
(5)
(6)
Liens, claims, security interests or encumbrances arising out of this
Agreement and unsettled,
Faulty or defective Work and latent and patent defects discovered after
acceptance,
Failure of the Work to comply with the requirements of the Contract
Documents,
Terms of special warranties required by the Contract Documents
Any of DEVELOPER'S continuing obligations under, or which survive this
Agreement.
Any warranties and guarantees provided under Florida law.
The acceptance of final payment by DEVELOPER or the sub-contractor for
materials and supplies shall constitute a waiver of claims by that payee except those
previously made in writing and identified by payee as unsettled at the time of final
application for payment.
13.6 CITY'S Right to Withhold Payment:
The CITY may withhold in whole or in part, final payment or any progress
payment to such extent as may be necessary to protect itself from loss for reasons
including, but not limited to, the following:
13,6,1
Defective Work not remedied,
13,6,2 Claims filed or reasonable evidence indicating the probable filing of
claims by other parties against the DEVELOPER.
13,6.3 Failure of the DEVELOPER to make payment to Sub-contractors or
suppliers for materials or labor.
27
13.6.4
Damage to another Party not remedied,
13,6.5 Reasonable evidence that the Work cannot be completed for the unpaid
balance of the Contract Sum,
13,6.6 Failure to carry out the Work in accordance with the Contract
Documents,
When the above reasons are removed or resolved or the DEVELOPER provides a
surety bond or a consent of surety satisfactory to the CITY which will protect the CITY in
the amount withheld, payment may be made in whole or in part,
ARTICLE 14. TERMINATION OF THE AGREEMENT
14.1
CITY'S Right to Terminate:
The CITY has the right to terminate this Agreement upon the occurrence of any
one or more of events which include, but are not limited to, the following:
14,1,1 If DEVELOPER commences a voluntary case under any chapter of the
Bankruptcy Code as now or hereafter in effect, or if DEVELOPER takes any
equivalent or similar action by filing a petition or otherwise under any other
federal or state law in effect at such time relating to the bankruptcy or insolvency.
14.1,2 If a petition is filed against DEVELOPER under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition
is filed seeking any such equivalent or similar relief against DEVELOPER under
any other federal or state law in effect at the time relating to bankruptcy or
insolvency,
14,1,3 If DEVELOPER makes a general assignment for the benefit of creditors.
14.1.4 If DEVELOPER admits in writing an inability to pay its debts generally as
they become due.
14,1,5 If DEVELOPER persistently fails to perform the Work in accordance with
the Contract Documents (including but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or failure to adhere to the
progress schedule as same may be revised from time to time),
14,1,6 If DEVELOPER fails to comply with laws or regulations of any public body
having jurisdiction,
14,1.7 If DEVELOPER otherwise fails to comply with any provisions of the
28
Contract Documents.
CITY may, after giving DEVELOPER and the surety seven (7) days written notice,
terminate the services of DEVELOPER, exclude DEVELOPER from the Site and take
possession of the Work and of all DEVELOPER's tools, appliances, construction
equipment and machinery at the Site and use the same to full extent they could be used
by DEVELOPER (without liability to DEVELOPER for trespass or conversion),
incorporate in the Work all materials and equipment stored at the Site or for which CITY
has paid DEVELOPER but which are stored elsewhere, and finish the Work as CITY
may deem expedient. In such case DEVELOPER shall not be entitled to receive any
further payment until the Work is finished, Prior to submitting written notice to surety,
City shall provide DEVELOPER with the opportunity to cure within fifteen (15) calendar
days of written notice, If DEVELOPER fails to cure and CITY terminates this Agreement
pursuant to this Section 14.1, DEVELOPER shall be liable for and immediately pay
CITY upon demand, all cost and expenses, including compensatory and consequential
damages associated with such termination and the completion of the Work.
14.2 Amendment to Charter School Contract:
DEVELOPER acknowledges that the CITY's ability to establish the middle school
component is contingent upon approval of the School Board, The CITY shall use its
best efforts to negotiate with the School Board for a First Amendment to the Charter
School Contract providing for the middle school. Should the CITY not be able to
negotiate and have executed a First Amendment acceptable to the CITY, the CITY shall
have the right to terminate this Agreement. Upon receipt of the notice of termination,
DEVELOPER shall promptly discontinue all Work at the time and to the extent indicated
on the notice of termination, terminate all outstanding Sub-contractors and purchase
orders to the extent that they relate to the terminated portion of the Agreement, and
refrain from placing further orders and subcontracts, DEVELOPER shall not be paid on
account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination, DEVELOPER shall be compensated only for Work
which it has performed pursuant to this Agreement and for costs incurred by reason of
such termination,
14.3 Termination for Convenience of CITY:
Upon seven (7) days written notice to DEVELOPER, CITY may, without cause
and without prejudice to any other right or remedy, terminate this agreement for CITY'S
convenience whenever CITY determines that such termination is in the best interests of
CITY, Where the agreement is terminated for the convenience of CITY, the notice of
termination to DEVELOPER must state that the Agreement is being terminated for the
convenience CITY under the termination clause, the effective date of the termination
and the extent of termination, Upon receipt of the notice of termination for convenience,
DEVELOPER shall promptly discontinue all Work at the time and to the extent indicated
29
on the notice of termination, terminate all outstanding Sub-contractors and purchase
orders to the extent that they relate to the terminated portion of the Agreement, and
refrain from placing further orders and subcontracts, DEVELOPER shall not be paid on
account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination, DEVELOPER shall be compensated only for Work
which it has performed pursuant to this Agreement and for costs incurred by reason of
such termination,
14.4 Termination by DEVELOPER:
If CITY fails to recommend payment for a period of thirty (30) calendar days
through no fault of DEVELOPER or if CITY fails to make payment thereon for a period
of thirty (30) calendar days, DEVELOPER may, upon seven (7) additional days written
notice to CITY, terminate the Agreement and recover from the Agreement payment for
Work executed and for proven loss with respect to materials, equipment, tools and
construction equipment and machinery.
ARTICLE 15 - NOTICE. COMPUTATION OF TIME
15.1 Giving Notice:
All notices required by any of the Contract Documents shall be in writing and
shall be deemed delivered upon mailing by certified mail, return receipt requested to the
following:
As to DEVELOPER:
Joaquin C, Avino, PE, PLS
CHARTER SCHOOLHOUSE DEVELOPERS, INC,
1500 San Remo Avenue
Suite 420
Coral Gables, Florida 33146
As to CITY:
Eric M, Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
15,2 Computation of Time:
When any period of time is referred to in the Contract Documents by days, it will
be computed to exclude the first and include the last day of such period, If the last day
of any such period falls on a Saturday or Sunday or on a day made a legal holiday by
30
the law of the applicable jurisdiction, such day will be omitted from the computation, A
calendar day of twenty four (24) hours measured from midnight to the next midnight
shall constitute a day,
ARTICLE 16 - MISCELLANEOUS
16.1 The duties and obligations imposed by this Agreement and Contract Documents
and the rights and remedies available hereunder to the parties hereto, and, in particular
but without limitation, the warranties, guaranties and obligations imposed upon
DEVELOPER and all of the rights and remedies available to CITY thereunder, are in
addition to, and are not to be construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise imposed or available to any
or all of them which are otherwise imposed or available by laws or regulations, by
special warranty or guarantee or by other provisions of the Contract Documents, and
the provisions of this Paragraph will be as effective as if repeated specifically in the
Contract Documents, and the provisions of this Paragraph will survive final payment and
termination or completion of the Agreement.
16,2 DEVELOPER and its employees, volunteers and agents shall be and remain
independent developers and not agents or employees of CITY with respect to all of the
acts and services performed by and under the terms of this Agreement. This Agreement
shall not in any way be construed to create a partnership, association or any other kind
of joint undertaking or venture between the parties hereto,
16.3 CITY reserves the right to audit the records of DEVELOPER relating in anyway
to the Work to be performed pursuant to this Agreement at any time during the
performance and term of the Agreement and for a period of three (3) years after
completion and acceptance by CITY, If required by CITY, DEVELOPER agrees to
submit to an audit by an independent certified public accountant selected by CITY.
DEVELOPER shall allow CITY to inspect, examine and review the records of
DEVELOPER at any and all times during normal business hours during the term of the
Agreement.
16.4 The remedies expressly provided in this Agreement to CITY shall not be
deemed to be exclusive but shall be cumulative and in addition to all other remedies in
favor of CITY now or hereafter existing at law or in equity,
16,5 The validity, construction and effect of this Agreement shall be governed by the
laws of the State of Florida, Any claim, objection or dispute arising out of this Agreement
shall be litigated in the Eighteen Judicial Circuit in and for Miami-Dade County, Florida,
16,6 Should any part, term or provision of this Agreement be by the courts decided to
be invalid, illegal or in conflict with any law of the State, the validity of the remaining
portion or provision shall not be affected thereby,
31
ARTICLE 17 - ASSIGNMENT
17,1 DEVELOPER shall not assign or transfer this Agreement or its rights, title or
interests therein without the prior written consent of CITY, which consent shall not be
unreasonably withheld, The obligations undertaken by DEVELOPER pursuant to this
Agreement shall not be delegated or assigned to any other person or firm unless CITY
shall first consent in writing to the assignment, which consent may be withheld in CITY's
sole discretion, Violation of the terms of this Paragraph shall constitute a material
breach of this Agreement by DEVELOPER and the CITY may, at its discretion, cancel
this Agreement and all rights, title and interest of DEVELOPER shall thereupon cease
and terminate,
ARTICLE 18- SPECIFIC PERFORMANCE
Each of the parties acknowledges that the parties will be irreparably damaged
(and damages at law would be an inadequate remedy) if this Agreement is not
specifically enforced. Therefore, in the event of a breach or threatened breach by any
party of any provision of this Agreement, the other party shall be entitled, in addition to
all other rights or remedies, to an injunction restraining such breach, without being
required to show any actual damage or to post any bond or other security, andlor to a
decree for specific performance of the provisions of this Agreement.
ARTICLE 19- HAZARDOUS SUBSTANCES
19.1 The DEVELOPER agrees that it shall not transport to, use, generate,
dispose of, or install at the Site any Hazardous Substance, (as defined in Section 19.4),
except in accordance with applicable Environmental Laws, Further, in performing the
Work, the DEVELOPER shall not cause any release of hazardous substances into, or
contamination of, the environment, including the soil, the atmosphere, any water course
or ground water, except in accordance with applicable Environmental Laws. In the
event the DEVELOPER engages in any of the activities prohibited in this Section 19.1,
to the fullest extent permitted by law, the DEVELOPER hereby indemnifies and holds
harmless the CITY from and against any and all claims, damages, losses, causes of
action, suits and liabilities of every kind, including but not limited to expenses of
litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to
or resulting from the activities prohibited in this Section 19.1.
19.2 In the event the DEVELOPER encounters on the Site any Hazardous
Substance, or what the DEVELOPER reasonably believes to be a Hazardous
Substance, and which is being introduced to the Work, or exists on the Site, in a
manner violative of any applicable Environmental Laws, the DEVELOPER shall
immediately stop work in the area affected and report the condition to the Manager in
writing, The Work in the affected area shall not thereafter be resumed except by written
32
authorization of the Manager if in fact a Hazardous Substance has been encountered
and has not been rendered harmless. In the event the DEVELOPER fails to stop the
Work upon encountering a Hazardous Substance at the Site, to the fullest extent
permitted by law, the DEVELOPER hereby indemnifies and holds harmless the CITY
from and against all claims, damages, losses, causes of action, suits and liabilities of
every kind, including, but not limited to, expenses of litigation, court costs, punitive
damages and attorneys' fees, arising out of, incidental to, or resulting from the
DEVELOPER's failure to stop the Work,
19.3 An extension of time shall be the DEVELOPER's sole remedy for any delay
arising out of the encountering andlor rendering harmless of any Hazardous Substance
at the Site. CITY and the DEVELOPER may enter into an agreement for the
DEVELOPER to remediate andlor render harmless the Hazardous Substance, but the
DEVELOPER shall not be required to remediate andlor render harmless the Hazardous
Substance absent such agreement. DEVELOPER shall not be required to resume
Work in any area affected by the Hazardous Substance until such time as the
Hazardous Substance has been remediated andlor rendered harmless,
19.4 For purposes of this Agreement, the term "Hazardous Substance" shall mean
and include, but shall not be limited to, any element, constituent, chemical, substance,
compound, or mixture, which are defined in or included under or regulated by any local,
state, or federal law, rule, ordinance, by-law, or regulation pertaining to environmental
regulation, contamination, clean-up or disclosure, including, without limitation, The
Comprehensive Environmental Response, Compensation and Liability Act of 1980
("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic
Substances Control Act ("TSCA") , The Clean Water Act ("CWA") , The Clean Air Act
("CAA"), and The Marine Protection Research and Sanctuaries Act ("MPRSA"), The
Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and
Reauthorization Act of 1986 ("SARA"), Chapters 161, 253, 373, 376 and 403, Florida
Statutes, the rules and regulations of the Florida Department of Environmental
Protection or other state superlien or environmental clean-up or disclosure statutes
including all state and local counterparts of such laws (all such laws, rules and
regulations being referred to collectively as "Environmental Laws"), It is the
DEVELOPER's responsibility to comply with this Article 21 based on the law in effect at
the time its services are rendered and to comply with any amendments to those laws for
all services rendered after the effective date of any such amendments,
33
IN WITNESS WHEREOF, CITY and DEVELOPER have signed this Agreement
in triplicate, One counterpart each has been delivered to CITY and
DEVELOPER.
ATTEST:
CITY OF AVENTURA, FLORIDA
Teresa M Soroka, CMC
City Clerk
Eric M Soroka, City Manager
APPROVED AS TO FORM:
City Attorney
CHARTER SCHOOLHOUSE DEVELOPERS,
INC.
By:
Joaquin C, Avino, PE, PLS
Title PRESIDENT
WITNESSES:
Print Name
Print Name
ATTEST:
SECRETARY
34
Exhibit "A"
Scheduled of Values
Architectural and Engineering
Subtotal-
Construction Costs
General Conditions
Site Work
Concrete/Masonry
Metals
Woods and Plastics
Thermal Moisture
Doors and Windows
Finishes
Equipment
Specialties
Furnishings
Conveying system
Subtotal -Construction Costs
Total GMP
Development Costs - Charter
Schoolhouse Developers
Mechanical
Electrical
35
400,,000
340,000
960,000
98,000
75,000
180,000
145,000
330,000
125,000
85,000
26,000
45,000
338,000
383,000
$
$
190,000
190,000
3,600,000
$3,790,000
310,000
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission (ACES Board ~f Di rs)
Eric M, Soroka, ICMA-CM, City M ger
March 22, 2004
TO:
FROM:
SUBJECT:
Ordinance Amending 2003/04 Charter School Budget
1st Reading April 13, 2004 City Commission Meeting Agenda Item ~
2nd Reading May 4, 2004 City Commission Meeting Agenda Item -
RECOMMENDATION
It is recommended that the City Commission, acting as the ACES Board of Directors,
approve the attached Ordinance amending the 2003/04 FY Charter School Budget.
The total amendment is $19,000.
BACKGROUND
The school recently was awarded a Title V Innovative Programs Competitive Grant
issued by the Federal Government in conjunction with the Miami-Dade County Public
Schools. Out of 102 grant applications received, 27 projects were approved. The
school is one of the three charter schools to receive the grant. The grant of $19,000
allows the school to offer small group instructions for struggling readers by hiring a
Reading Specialist for the remainder of the school year. The budget was amended to
reflect the revenues and expenditures associated with the grant. The other amendment
relates to the reduction of the management fee negotiated with Charter Schools USA to
fund a portion of the new Controller position in the FinancelSupport Services
Department.
If you have any questions, please feel free to contact me,
EMSlja
CCO1282-04
ORDINANCE NO. 2004--
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2003-06, WHICH ORDINANCE ADOPTED A
CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CHARTER ELEMENTARY
SCHOOL FOR FISCAL YEAR 2003/04 (JULY 1 - JUNE 30)
BY REVISING THE 2003/2004 FISCAL YEAR BUDGET
DOCUMENT AS OUTLINED IN EXHIBIT "AU 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 Charter Elementary School and upon the recommendations of the City
Manager (and the concurrence of the Finance Support Services Director as to
Accounting Principles), it is deemed necessary to adjust, amend and implement the
2003/2004 Operating and Capital Budget of the Aventura Charter Elementary 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, 2003-06, which Ordinance adopted a budget for the 2003/2004 fiscal
year for the Aventura Charter Elementary School by revising the 2003/2004 budget as
Ordinance No, 2004--
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,
This Ordinance shall be 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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M. Perlow
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M, Perlow
PASSED AND ADOPTED on first reading this 13th day of April, 2004,
2
Ordinance No, 2004--
Page 3
PASSED AND ADOPTED on second reading this 4th day of May, 2004,
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
EXHIBIT A
Budget Amendments
CHARTER SCHOOL FUND 190
2003104
ADOPTED
BUDGET
OBJECT
CODE CATEGORY
Revenues
State Shared Revenues:
Grants
SUBTOTAL
78,181
78,181
Total Revenues
78,181
Total Amendments-Revenues
Expenditures
1230
5290
3148
K-3 Basic 5101
Reading Specialist
Other Material & Supplies
SUBTOTAL
2003104
AMENDED
AMOUNT
2003104
REVISED
BUDGET
19,000
19,000
97,181
97,181
$
19,000
. 19.000.
97,181
16,000
3,000
19,000
16,000
3,000
19,000
Management Fee
Transfer to General Fund
SUBTOTAL
Operation of Plant 7900
386,974 (15,600)
15,600
371,374
15,600
386,974
Total Expenditures
386,974
386,974
Total Amendments-Expenditures
$
19,000
. 19.001).
405,974
EXHIBIT A
2003/04 Adopted 2003/04 Amended
Function Job Class Full Time Part Time Full Time Part Time
5101 Teacher 20,00 20,00
Para-Professionals 5,00 5,00
Reading Specialist 1.00
5102 Teacher 11.00 11.00
5250 Teacher 4,00 4,00
5901 Substitute Teacher 2,00 2,00
6200 Media Specialist 1.00 1.00
7300 Principal 1.00 1.00
Assistant Principal 1.00 1.00
Business Manager 1.00 1.00
Administrative Assistant 1.00 1.00
Receptionist 1.00 1.00
Reglstar/Compliance 1.00 1.00
Computer NetworkITech 1.00 1.00
7900 Cafeteria Manager 1.00 1.00
Janitor 1.00 1.00
9102 PIT Teacher 1.00 1.00
Site Coordinator 1.00 1.00
PIT After School Counselor I 4,00 4,00
PIT After School Counselor II 4,00 4.00
PIT School Aides 2,00 2,00
Total 48,00 16,00 49,00 16,00
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
City Commission td
Eric M. Soroka, City na
" c..
H~, Kilgore, Fin' port Services Director
TO:
BY:
DATE:
February 24, 2004
SUBJECT: 2003/04 Budget Amending Ordinance
1st Reading March 2, 2004 City Commission Meeting Agenda Item ~
2nd Reading April 13, 2004 City Commission Meeting Agenda Item-E-
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2003/2004 budget.
Backqround
This ordinance accomplishes three purposes:
1. It provides funding for utility costs in the Community Services
Department.
2, It provides funding for a new position in the Finance Support
Services Department.
3, It appropriates funds carried over from the 2002/03 budget for
Capital Construction Funds,
When we concluded the audit for 2002/03, it was apparent that the amounts budgeted
for street lighting and water in the Community Services Department were understated,
We, therefore, amended the 2002/03 budget and reviewed the 2003/04 budget to
determine if sufficient funds were budgeted for these accounts. This ordinance provides
the needed funds for the current fiscal year,
Due to expanded workload relating to new operations (Le, Charter School and
Community Center), the Finance Support Services Department needs one additional
employee to oversee the accounting and purchasing functions, Total cost for the
balance of the fiscal year is $41,627, assuming an April 1 st hire date, As previously
negotiated, a reduction in fees charged by Charter Schools USA will fund a portion of
the cost of the position.
Page 2
Memorandum to City Commission
2003/04 Budget Amending Ordinance
Since we are amending the General Fund budget, we deemed it advisable to also
reflect the latest projections of major revenue sources, including the fund balance
carryover for the General Fund. Total revenues were, therefore, increased by
$831,600, of which $800,000 was due to the increase in fund balance, After deducting
the increased expenditures discussed above, we increased the Capital Reserve
Account by $529,973. This amount will be available to fund the CIP and budgets for
future years,
The amendments to the 2000 Loan Construction Fund and 2002 Loan Construction
Fund are required to appropriate funds for expenditure of moneys remaining in these
Capital Project Funds, The 2000 Loan Construction Fund will be used to fund land
acquisition and associated costs of the Gulfstream Park property to be used as
Waterway Park, The $24,000 in the 2002 Loan Construction Fund will be utilized for
capital items for the Charter School.
HMKlmn
ORDINANCE NO, 2004--
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2003-12 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2003/2004 FISCAL YEAR BY REVISING THE
2003/2004 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "Au ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2003/2004 Operating and Capital
Budget as set forth in Exhibit "An 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, 2003-12, which Ordinance adopted a budget for the 2003/2004 fiscal
year, by revising the 2003/2004 budget as set forth on the attached Exhibit "An which
exhibits are deemed incorporated by reference as though set forth in full herein.
Ordinance No, 2004--
Page 2
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.
This Ordinance shall be effective immediately
upon adoption on second reading,
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Cohen, and
upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Vice Mayor Jay R. Beskin
Mayor Jeffrey M, Perlow
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption on second reading, This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Jay R, Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Manny Grossman
Mayor Jeffrey M, Perlow
PASSED AND ADOPTED on first reading this 2nd day of March, 2004,
2
Ordinance No, 2004--
Page 3
PASSED AND ADOPTED on second reading this 13th day of April, 2004,
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA. CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
Exhibit A
Budget Amendments
GENERAL FUND
Revenues
Locallv Levied Taxes
3131000 Franchise Fee-Electric 1,840,000 (160,000) 1,680,000
3143000 Utility Tax-Electric 2,935,000 56,000 2,991,000
Subtotal 4,775,000 (104,000) 4,671,000
Licenses & Permits
3211000 Occupational Licenses 665,000 33,000 698,000
Subtotal 665,000 33,000 698,000
Interaovemmental Revenue
3351200 State Revenue Sharing 218,000 37,000 255,000
3351800 Half Cent Sales Tax 1,450,000 50,000 1,500,000
Subtotal 1,668,000 87,000 1,755,000
Non-Revenue
3399000 Carryover 9,719,000 800,000 10,519,000
3811019 Transfer From Charter Sch Operating Fund 15,600 15,600
9,719,000 815,600 10,534,600
Total Amendments-Revenues
Expenditures
Finance Support Services
1201 Employee Salaries 561,683 30,000 591,683
2101 FICA 42,969 2,295 45,264
2201 Pension 75,827 4,050 79,877
2301 Health, Life & Disability Ins 102,003 5,072 107,075
2401 Workers Compensation 3,932 210 4,142
SUBTOTAL 786,414 41,627 828,041
Community Services
4311 Utilities-Street Lighting 100,000 60,000 160,000
4320 Water 155,000 200,000 355,000
SUBTOTAL 255,000 260,000 515,000
Non-departmental Capital 90-590
6999 Capital Reserve 8,431,305 529,973 8,961,278
SUBTOTAL 8,431,305 529,973 8,961,278
Total Amendment -Expenditures
Exhibit A
Budget Amendments
GENERAL FUND
The Personnel Allocation Summary for the Finance Support Services Depart-
ment shown on page 21 of the Budget is revised to show the addition of the
position shown below:
I Position I I
No. Position Title
1501 Controller New position effective April 1, 2004
Total Positions for the department
2003/041
1
12
Budget Amendments
2000 LOAN CONSTRUCTION FUND 340
Revenues
Miscellaneous Revenue
3611000 Interest on Investments
SUBTOTAL
o 17,902 17,902
o 17,902 17,902
o 4,076,098 4,076,098
o 4,076,098 4,076,098
Non-Revenue
3999000 Canyover
SUBTOTAL
Total Amendments-Revenues
Expenditures
Community Services 50-572
6203 Waterways Park Improvements
SUBTOTAL
°
°
4,094,000
4,094,000
4,094,000
4,094,000
Total Amendment -Expenditures
°
Exhibit A
Budget Amendments
2002 LOAN CONSTRUCTION FUND 350
Revenues
Miscellaneous Revenue
3611000 Interest on Investments
SUBTOTAL
0 20,387 20,387
0 20,387 20,387
0 3,613 3,613
0 3,613 3,613
Non-Revenue
3999000 Carryover
SUBTOTAL
Total Amendments-Revenues
Expenditures
Charter School 60-569
6410 Equipment
SUBTOTAL
0
0
24,000
24,000
24,000
24,000
Total Amendment -Expenditures
0
MIAMI DAILY BUSINESS REVIEW
","lishod Daily mopi SaMday, S"day aod
Logal HoUday,
Miami, Miami-Dado Co,oly, Flonda
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O,V, FERBEYRE, who on oath says that he or she is the
SUPE"ViSCR, Leg.i Netic.s cf the Mia,-",; D¡¡:ly 3u5ina33
Review flkla 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
NOTICE OF PROPOSED ORDINANCE
in the XXXX Court,
was published in said newspaper in the issues of
03/04/2004
Affiant further says that tha 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, rate, commi or refund for the purpose
of securing 15 v ent fo publication in the said
newspaR
OFnC1'J, ¡;OTA"Y SEilL
)~V'"F [ , "RI"A
1¡'¡ffl9:f('Y !>\.,íJj~!é s:r~:;E Of FLORIDA
COy,lSSiOH NO, CC 9¡2958
MY COMM!$¡ON EJ/P, JUNE 23. 2004
PUBLIC NOTICE OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on Tuasday, tho 13th day of April, 2004
'at a meeting of the City Commission of the City a! Aventura, to be held at'
6:00 p,m, in the Commission Chamber at Aventura Government Canter,
19200 West Country Club Drive, Avantura. Florida, tho City Commission
.witt consider finel edaption of the followin9 Ordinance on second resding.,
entitled:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA,AMENDING ORDINANCE NO:
2003-12 WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 2003/2004 FISCAL YEAR BY REVISING THE 2003/2004
FISCAL YEAR OPERA'JIIIG AN) CAPITAl. BUDGET ÞS OUT-
UNED 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 inspec1ed by the public sI the Office of
the City Clerk, 19200 West CountTy Club Drive, Aventura, Florida,
'Interested parties may appear st the Public Hearing and be heard with,
'respec1 to the proposed Ordinance- Airy person wishing to addressJhe
City CoIYmssion on any item at this Public Hearing may do so after the
Mayor opens the public hearing,
fn accordance with the Amerk:ens with Dlsebillties Act of 1990. all
persons who are disabled and who need special accommodatlons to
perticiøs18 In this prooeeding because of that disebility should contect the
Office of the City Clerk. 305-466-8901, not later than two business days
prior to such proceedings, .
If a person -. to appeal any decision made by the City Commission
,::t ==Yof",:e;=~.':,:~~u::'~~:~~
ensure that a verbatim record óI the proceedings is made, which record
fnctudes the testimony and evidence upon which the appeal Is to be
based, .
3/4
T erasa M, Soroka, CMC City Clerk
Q4-4-91/438599M
MIAMI DAILY BUSINESS REVIEW
P,bllshed Dally except Sat"day, S,nday and
Le,al Holidays
Miami, Miami-Dade Co,nly, Florida
STATE OF FLORIOA
COUNTY OF MIAMI.OADE:
Before the undersigned authority personally appeared
O,V, FERBEYRE, who on Dath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review tlkla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newSDaper, published at Miami in Mi""'-OedB
County, Florida: that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA. PUBLIC HEARING 4/13/04
APPLICANT NAME/NUMBER: SCOTT FREDEL INC./01'CU'04
in the XXXX Court,
was published in said newspaper in the issues of
03/31/2004
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 Legai 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 lurther says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rE¡Ðate, commission or refund for the purpose
of securing tbi§ adverti nt fo publication in the said
newspa~
O.v, FERBEYRE personally known to me
OffICIAL NOTARY SEAL
IANETT LLERENA
NOTARY PUBLIC STATE OF FLORIDA
COMISSION NO. CC 9t2958
MY COMMtSJON EXP. JUNE 23, :I)0oI
Date and TIme
of Public HeorIng:
Tuesday, April 13, 2004
6:00p.m. .
Appllcont_umb8r: ScottFredellnc.lO1-cU.Q4
Applicant Roquoot:
The applicant is requesting conditional use
approval for the sale and service of alcohol-
ic beverages at a cocIdait lounge within the
. Pilar Restaurant
LocaIIon 01
SuÞ ac\ P",porty:
Lagal Daacrlplløn:
20475 Biscayne Boulevard
Promenade Shops Plaza
Part of Tracts A, B & C. The Promenade
Shops, I'8CQrded.in Plat Book 133, Page 39
, oIthePublic~pI~~,
Plans are on file and may be examined during regrJtar buslnesa )lours in
the City of Aventura Govemment center, Community Development De-
partment, 19200 West Countt)/ ClubQrive, Þ,ventut¡;l,Fi9r1da, 33180,
Plans may be modified at or before the Public Hearing, The application
may chengeduring the hearing process,
Thef'ublic Hearing wll be held at City of Aventura Government Center.
19200. West,Country,Club Drive. Avent",,", ,R!!'iPa .331 !I!),. ,X9Uf co"'..
-ntS'1!IIIy1!e rna< Ø ItfperSOlrat the hearing 01 filed in writing priOf to the
hearing "!!ate, Refer to applicant/property on correspondence and mall
same to City 01 Aventura Government Center, Community Development
Department, Aventura, Florida, 33180, FOffurther infonnation, pie... call
(305) .e6-8940,
In accordance with the Americans with Disabilities Act of 1990, all por-
sons who are disabled and who need special accommodations to partici-
pate in this proceeding because of that disability should contect tha Office
of the City Clerk. 46&-8901, not later than two buslness-days pr1or to such
proceedings,
If a person decides to appeal any decision made by the City Commis-
sion 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 01 the proceedings is made, which
record includes the testi")ony and evidence upon which the appeal is to
be based.
3131
Teresa M, Soroka, CMC, City Clerk
04-3-081445601 M