11-09-2004
City r.nrnrnl-lnfJ
Jeffrey M. Perlow, Mayor
A~e City of
~ventura
Q
Citv M.nSl_r
Eric M. Soroka
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob Diamond
Manny Grossman
Harry Holzberg
Cily acrk
Teresa M. Soroka, CMC
Cily Attorney
Weiss Serota Helfman Pastoriza
Guedes Boniske & Cole
AGENDA
NOVEMBER 9, 2004 6 PM following LPAmeeting
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: None.
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
October 5, 2004 Commission Meeting
October 21,2004 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID
AGREEMENT ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
NoIlmber 9, 2004 C,.,.";,,;,,, MediDg
GRANT A V AILABLE THROUGH THE MIAMI-DADE
DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR,
RECEIVE, AND EXPEND $14,010 IN FUNDS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, SELECTING THE FIRM OF BELL
DAVID PLANNING GROUP IN ASSOCIATION WITH THE
CORRADINO GROUP TO ASSIST IN THE PREPARATION OF
THE EVALUATION AND APPRAISAL REPORT OF THE
COMPREHENSIVE PLAN IN ACCORDANCE WITH RFQ NO.
04-9-15-2; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES;
AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM
TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH SELECTED FIRM BE
UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA FLORIDA AUTHORIZING THE CITY
MANAGER TO PARTICIPATE IN THE APPLICATION OF
FUNDS FOR THE TECHNOLOGY ENHANCEMENT PROJECT
GRANT AVAILABLE THROUGH THE MIAMI-DADE
DEPARTMENT OF HUMAN RESOURCES, AS OUTLINED IN
THE ATTACHED CONTRACT; TO FACILITATE THE
EXPENDITURE OF APPROXIMATELY $61,494 IN FUNDS;
AND AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION, INCLUDING THE EXECUTION OF
AGREEMENTS WITH THE PURPOSE OF CREATING THIS
PROGRAM IN COOPERATION WITH THE DADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE; AND PROVIDING AN
EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING MARINA DEL REY
SECOND REVISED, BEING A REPLAT OF A PORTION OF
TRACT N OF MARINA DEL REY REVISED, PLAT BOOK 144,
PAGE 89, LYING IN THE SOUTH Y, OF SECTION 3 TOWNSHIP
52 SOUTH, RANGE 42 EAST, CITY OF A VENTURA, MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
2
NoIlmber9, 2004 o-;..im MediDg
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING UPTOWN MARINA
LOFTS, BEING A REPLAT OF A PORTION OF TRACT N OF
MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89, A
PORTION OF THE SOUTH y, OF SECTION 3 TOWNSHIP 52
SOUTH, RANGE 42 EAST, CITY OF A VENTURA, MIAMI-
DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO INCLUDE
DEFINITIONS FOR "SECONDHAND JEWELRY" AND
"SECONDHAND PRECIOUS METALS" AND TO AMEND
SECTION 31-144(c) "COMMUNITY BUSINESS (B2) DISTRICT"
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
INCLUDE THE PURCHASE AND SALE OF SECONDHAND
JEWELRY AND SECONDHAND PRECIOUS METALS AS A
PERMITTED USE; TO REQUIRE PROVISION OF SECURITY
PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL
SECONDHAND JEWELRY AND SECONDHAND PRECIOUS
METALS AND TO PROHIBIT PAWNSHOPS IN THE
"COMMUNITY BUSINESS (B2) DISTRICT"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FORAN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION", AT ARTICLE IV "FINANCE", BY AMENDING
SECTION 2-232 "REQUESTS FOR INFORMATION CONCERNING
PENDING CHARGES OR LIENS; PREPARATION AND RECORDING
OF LIENS AND LIEN SATISFACTIONS"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
9. RESOLUTIONS - PUBLIC HEARING: None
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS
3
NoIlmber 9, 2004 C,.,.";,,;,,, MediDg
12. REPORTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
NOVEMBER 19, 2004
10 A.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
4
The City of
Aventura
~.
,~..,/
MINUTES
CITY COMMISSION MEETING
OCTOBER 5, 2004 6 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin,
Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, 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.
2. PLEDGE OF ALLEGIANCE: Miami-Dade County Commissioner Sally Heyman led
the pledge of allegiance.
Commissioner Heyman addressed the Commission expressing appreciation to the
Police Department for their assistance and service during the recent hurricanes;
expressing appreciation to the City Manager and City Clerk for assistance in the
upcoming election process; and distributed information and urged support for the 2004
Bond Program.
3. ZONING HEARINGS:
Ex-parte communications by Commissioners, if any, were disclosed and filed with the
City Clerk in accordance with City Code Section 34. All witnesses giving testimony in
these hearings were sworn in by City Clerk Teresa M. Soroka.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA MODIFYING THE APPROVALS GRANTED THROUGH
RESOLUTION NO. 2003-64 PASSED SEPTEMBER 2, 2003; TO MODIFY
SECTION 1. TO ALLOW A MINIMUM STREET SIDE YARD SETBACK OF
SEVEN FEET SIX INCHES FOR THE FIRST FLOOR OF ALL TOWNHOME
LOTS AND TO ALLOW A MINIMUM STREET SIDE YARD SETBACK OF TWO
FEET TEN INCHES FOR SECOND STORY PATIO AND FOUR FEET FOUR
INCHES FOR SECOND STORY BAY WINDOW ON TOWNHOME LOTS 20, 21,
25,30,31,45,50,53,54 AND 57, WHERE A MINIMUM STREET SIDE YARD
SETBACK OF SEVEN FEET SIX INCHES WAS ALLOWED BY RESOLUTION
NO. 2003-64; FOR PROPERTY LOCATED ON NE 28 COURT AT NE 185
STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Vice Mayor Diamond. Joanne Carr, Planning Director, explained the request and
entered the staff report into the record. Mayor Perlow opened the public hearing.
The following individuals addressed the Commission: Jeffrey Bercow, Esq., 200
S. Biscayne Boulevard, and Ed Yorka, Architect, 7695 SW 104 Street, Pinecrest,
representing the applicant; Richard Friedman, 20379 W. Country Club Drive; and
Bob Burroughs. There being no further speakers, the public hearing was closed.
The motion for approval passed, 5-2, with Commissioner Beskin and Vice Mayor
Diamond voting no and Resolution No. 2004.52 was adopted.
4. ELECTION OF VICE MAYOR. A motion was offered by Commissioner Holzberg,
seconded by Commissioner Auerbach and unanimously passed to appoint
Commissioner Cohen as Vice Mayor for the next 6-month period.
5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: A motion
was offered by Vice Mayor Cohen, seconded by Commissioner Holzberg and
unanimously passed to add to the agenda under item 10 discussion concerning support
of the County's proposed GO Bond program.
6. SPECIAL PRESENTATION: None.
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Grossman, seconded by Vice Mayor Diamond, unanimously passed
and the following action was taken:
A. The minutes of the September 7, 2004 Commission Meeting, September
9, 2004 1st Budget Public Meeting, September 21,2004 2nd Budget Public
Meeting, and September 23,2004 Workshop Meeting were approved.
B. Resolution No. 2004-53 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-046
FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 207TH
STREET RESURFACING IMPROVEMENTS PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2004-54 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF EASEMENT FROM DONALD SOFFER, AS TRUSTEE
UNDER LAND TRUST AGREEMENT NO. SR-1 TO THE CITY OF
AVENTURA TO INSTALL, ACCESS AND MAINTAIN A PORTION OF
THE STORM SEWER SYSTEM PERTAINING TO THE YACHT CLUB
WAY DRAINAGE IMPROVEMENTS PROJECT: AUTHORIZING THE
2
CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS
CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF
DEDICATION; PROVIDING FOR EFFECTIVE DATE.
8. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", AT ARTICLE
IV "FINANCE", BY AMENDING SECTION 2-232 "REQUESTS FOR
INFORMATION CONCERNING PENDING CHARGES OR LIENS;
PREPARATION AND RECORDING OF LIENS AND LIEN SATISFACTIONS";
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Grossman. 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.
9. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
EXHIBIT "B" TO AN APPROVED DEVELOPMENT AGREEMENT DATED
SEPTEMBER 2, 2003 MADE BETWEEN MERCO GROUP AT AVENTURA
LANDINGS I, II AND III, INC. AND THE CITY OF AVENTURA REGARDING
THE CONDOMINIUM PARCEL NORTH OF PROPOSED NE 185 STREET AND
WEST OF NE 28 COURT FOR PROPERTY LOCATED ON NE 28 COURT AND
NE 185 STREET, CITY OF AVENTURA, TO CHANGE THE PROPOSED
MAXIMUM NUMBER OF STORIES OF THE CONDOMINIUM FROM 18
STORIES TO 19 STORIES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission. A motion for approval was offered by Vice
Mayor Cohen and seconded by Commissioner Holzberg. 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.
2004-17 was enacted.
10. RESOLUTIONS - PUBLIC HEARING: A motion to adopt a resolution in support of
Miami-Dade County's proposed GO Bond program was offered by Vice Mayor Cohen,
seconded by Commissioner Diamond and unanimously passed.
3
11.CITY COMMISSION ACTING IN ITS CAPACITY AS AVENTURA CITY OF
EXCELLENCE SCHOOL BOARD OF DIRECTORS:
A. A motion to approve the minutes of the June 25, 2004 meeting was offered by
Commissioner Diamond, seconded by Vice Mayor Cohen and unanimously
passed.
B. A motion to accept for filing the Special Purpose Financial Statements for
Aventura Charter Elementary School FlY 2003-04 was offered by Commissioner
Holzberg, seconded by Vice Mayor Cohen and unanimously passed.
12.0THER BUSINESS: None.
13.PUBLlC COMMENTS: None.
14. REPORTS. As submitted.
15. 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 7:15 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 meeUng 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.
4
The City of
AVentura
,~
~-<,./
MINUTES
COMMISSION WORKSHOP MEETING
OCTOBER 21, 200410 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Jeffrey M.
Perlow at 10 a.m. Present were Commissioners Zev Auerbach, Jay R. Beskin, Bob
Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Cohen, 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.
1. LDR AMENDMENT RELATIVE TO PARKING GARAGES WITHIN THE BUILDING
ENVELOPE:
CITY MANAGER SUMMARY: Deferred to November meeting to be addressed as
part of the Comprehensive Plan review. Consensus to enact zoning-in-progress.
2. LDR AMENDMENT RELATING TO SALE AND PURCHASE OF SECONDHAND
JEWELRY IN B2 DISTRICT: Commission discussed proposed ordinance drafted in
response to request by Champion Retail Limited Partnership.
CITY MANAGER SUMMARY: City Attorney and staff to amend ordinance to
incorporate concerns and suggestions expressed by Commission and counsel for
Champion Retail. Amended draft ordinance to be addressed at November
Commission meeting.
3. DECORATIVE STREET LIGHTING FOR BISCAYNE BOULEVARD (Commissioner
Beskin): Commissioner Beskin suggested replacing the existing cobra-head
decorative street lighting on Biscayne Boulevard with lighting similar to that currently
installed on Biscayne Boulevard in Hallandale Beach/Hollywood.
CITY MANAGER SUMMARY: Deferred to November Workshop meeting.
5. MPO PROPOSAL TO EXTEND MASS TRANSIT ON THE BISCAYNE CORRIDOR
(Commissioner Beskin): (Taken out of order) Commissioner Beskin informed the
Commission that FOOT is reviewing the feasibility of mass transit in the Biscayne
Corridor. Mayor Perlow noted that he will be attending a regional meeting pertaining
to FEC/mass transit and will report back at the next meeting.
CITY MANAGER SUMMARY: No action necessary.
4. HOSPITAL DISTRICT LOT SIZE (Mayor Perlow): Mayor Perlow requested that this
matter be deferred and discussed in conjunction with Comprehensive Plan review.
CITY MANAGER SUMMARY: Consensus not to pursue this matter.
6. VILLAGE AT GULFSTREAM PARK DRI UPDATE: Planning Director Joanne Carr
provided an update on this project.
CITY MANAGER SUMMARY: Staff will continue to monitor and provide regular
updates.
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 11 :15 a.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
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission
FROM:
DATE:
Eric M. Soroka, ICMA-CM, City Manager
October 22, 2004
SUBJECT: Resolution Authorizing Execution of South Florida Money
Laundering Strike Force Agreement
November 9, 2004 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the South Florida Money Laundering Strike Force Agreement between
the Police Department and 17 law enforcement agencies.
BACKGROUND
This is a renewal of a previous document entered into in 2000. The Florida Department
of Law Enforcement has requested the following law enforcement agencies to enter into
the attached Agreement to form a multi-jurisdictional task force to combat illegal money
laundering, drug trafficking and other drug law violations:
1. The Florida Department of Law Enforcement
2. The Department of Highway Safety and Motor Vehicles, Division of
Florida Highway Patrol
3. The City of Coral Gables Police Department
4. The City of Miami Police Department
5. The City of Miami Beach Police Department
6. The City of North Miami Police Department
7. The City of North Miami Beach Police Department
8. The City of Aventura Police Department
9. The City of Hollywood Police Department
10. The City of Davie Police Department
11 . The City of Hallandale Beach Police Department
12. The City of Miramar Police Department
13. The City of Pembroke Pines Police Department
Memo to City Commission
Page 2
14. The City of Fort Lauderdale Police Department
15. The Monroe County Sheriff's Office
16. The Broward County Sheriff's Office
17. The Office of the State Attorney of the Eleventh Judicial Circuit of Florida
The Task Force's efforts are commonly referred to as "IMPACT". The parties to the
Agreement will be contributing personnel and resources in support of the Strike Force
efforts.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01320-04
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN SOUTH FLORIDA MONEY LAUNDERING
STRIKE FORCE VOLUNTARY COOPERATION MUTUAL
AID AGREEMENT ATTACHED HERETO; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain South Florida Money Laundering Strike Force Voluntary Cooperation
Mutual Aid Agreement attached hereto.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2004-
Page 2
PASSED AND ADOPTED this 9th day of November, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
/'
Ii vc:'nTura- /"': L-' .
SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
(August 2004)
WHEREAS, the below subscribed law enforcement agencies have joined together in a multi-
jurisdictional strike force intended to combat illegal money laundering, drug trafficking and other
drug law violations, and related criminal violations and to disrupt organizations engaging in such
activity through coordinated and long-term investigative, forfeiture, and prosecution efforts; and
WHEREAS, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, forfeiture, and regulatory actions against identified violators, as
appropriate; and
WHEREAS, the participating agencies desire to utilize the task force as the sole method of
facilitating state and local money laundering investigations that are not otherwise part of a joint
federally-directed effort within their respective jurisdictions: and
WHEREAS, the undersigned agencies have the authority under Part 1, Chapter 23, Florida
Statutes, "the Florida Mutual Aid Act," to enter into a voluntary cooperation agreement for
cooperation and assistance of a routine law enforcement nature that crosses jurisdictional lines;
and
WHEREAS, the undersigned agencies acknowledge and recognize that they have been
operating under the existing agreement and modifications thereto, that the agreement has
continued in full force and effect, and express their present intent to renew and refine the
original agreement and subsequent renewals thereof in order to better reflect the continued and
present focus of the efforts of the agencies in this Strike Force;
NOW THEREFORE, the parties agree as follows:
Each of the undersigned law enforcement agencies approve, authorize and enter into this
Agreement at the request of the Florida Department of Law Enforcement (FDLE) to implement
within the jurisdictional and other limits as noted herein the Money Laundering Strike Force for
the purposes and goais indicated.
Parties To This Agreement:
--The City of Davie Police Department,
--The City of Hallandale Beach Police
Department.
--The City of Miramar Police Department,
--The City of Pembroke Pines Police
Department,
--The City of Fort Lauderdale Police Department,
--The Monroe County Sheriff's Office,
--The Broward County Sheriff's Office,
And
--The Office of the State Attorney of the Eleventh
Judicial Circuit of Florida
--The Florida Department of Law Enforcement,
--The Department of Highway Safety and Motor
Vehicles, Division of Florida Highway Patrol.
--The City of Coral Gables Police Department,
--The City of Miami Police Department,
--The City of Miami Beach Police Department.
--The City of North Miami Police Department
--The City of North Miami Beach Police
Department,
--The City of Aventura Police Department,
--The City of Hollywood Police Department,
A party other than those listed on page one may, at the request of FDLE and with the
approval of the Strike Force Steering Committee, enter into this Agreement as evidenced by its
signing of this Agreement. Any party may cancel its participation in this Agreement upon
delivery of written notice of cancellation to the Chair of the Strike Force, who shall immediately
forward same to Florida Department of Law Enforcement and notify other participating parties
of the cancellation.
NA TURE OF LAW ENFORCEMENT ASSISTANCE AND VOLUNTARY
COOPERA TION TO BE RENDERED:
1. The Strike Force is to effect dedicated and intensive investigative, preventative, and general
law enforcement efforts primarily with regard to the investigation of illegal money laundering
and drug trafficking operations and related crimes, and in efforts to dismantle and disrupt
the organizations committing such violations. The principal goal of the Strike Force shall be
the coordinated investigation of, and successful prosecution of perpetrators of such crimes,
with particular emphasis on efforts designed to identify and dismantle organized criminal
enterprises. Such efforts shall include, but are not limited to, undercover operations
designed to detect illegal activity and to identify those involved in such activity including
those directing or otherwise controlling such activity, interception of communications related
to such activity as may be authorized by law, the arrest and prosecution of those involved
(utilizing state and federal or other prosecutions, as appropriate); the seizure and forfeiture
of assets of those engaged in such activity or otherwise supporting such activity (utilizing
state and federal forfeiture options, as appropriate); the prosecution of regulatory and civil
actions designed to end such criminal activity, as appropriate; and the referral of
investigative leads and intelligence to such other federal, state, foreign or local law
enforcement authorities as may be required and appropriate under the Strike Force's
operations. In recognition that such efforts transcend jurisdiction limits, it is the intent of this
voluntary cooperation agreement to assure the continued functioning of law enforcement in
areas where such limits might otherwise thwart major law enforcement efforts.
2. The Parties to this Agreement are contributing personnel and resources in support of the
Strike Force efforts, with the operations of the Strike Force being coordinated by FDLE and
other Strike Force members. No agency will participate in the Strike Force unless it
provides resource contributions and operates within the operational parameters related to
Strike Force efforts as required of it by the Steering Committee or FDLE.
3. Nothing herein shall otherwise limit the jurisdiction and powers normally possessed by and
employee as a member of the empioyee's Agency. Nothing herein shall otherwise limit the
ability of participating Strike Force members to provide, as provided by or allowed by law,
such assistance in any enforcement action unrelated to Strike Force operations as may be
lawfully requested by a law enforcement officer having jurisdiction over any such incident,
crime or matter under consideration. However, extension of jurisdiction under the authority
of this Agreement shall occur only as provided below.
EXTENSION OF PARTICIPANTS' JURISDICTION; COMMAND AND
SUPERVISORY RESPONSIBILITY; STEERING COMMITTEE;
NOTIFICA TlON REQUIREMENTS
1. The principal sites of Strike Force activity are Miami-Dade County, Broward County, and
Monroe County, Florida, but Strike Force activities may occur elsewhere within the State of
Florida consistent with the purpose and terms of this Agreement. As provided by Section
23.127( 1), Florida Statutes, a Strike Force member engaged in an authorized Strike Force
operation outside the member's jurisdiction but inside the State of Florida that is pursuant
to, and consistent with, the purpose and terms of this Agreement shall have the same
powers, duties, rights, privileges, and immunities under the laws of the State of Florida as if
the member was performing duties inside the member's jurisdiction as provided by the
"Florida Mutual Aid Act" and this Agreement.
2. Whenever Strike Force activities outside of Miami-Dade County, Broward County, or
Monroe County have resulted in an arrest or seizure of property, the Sheriff of the County or
the Chief of Police of the municipality in which such activities have occurred shall be notified
of the Strike Force's actions within the sheriff's or chief's jurisdiction.
3. Members of the Strike Force operating outside their normal jurisdictions recognize that their
extra-territorial powers and authority are, unless otherwise supported by law, derived by and
through this Agreement. Activities shall be considered authorized and under the authority of
this Agreement when the activities have been approved and are under the overall direction
of an FDLE supervisor or command designee assigned to the Strike Force. No extension of
jurisdiction or authority is granted solely by reason of this Agreement for law enforcement
activities unless they are approved and supervised as provided herein and are related to
Strike Force operations, or have been encountered directly incident to an approved and
supervised Strike Force operation.
4. a. A participating agency can work other money laundering investigations outside
investigations handled under this agreement and through the Strike Force only upon
approval by the Steering Committee. Absent such specific approval, all participating
agencies agree to utilize the Strike Force as the exclusive means to engage in state or local
investigations of all money laundering cases conducted by their agency personnel other
than investigations conducted as part of a federally-directed joint operation.
Notwithstanding this provision, an agency encountering money-laundering incidental to
another investigation may initially continue its investigative efforts until such time as the
Strike Force accepts the investigation or approval for the agency to work the case outside
the Strike Force is granted. If the Strike Force Steering Committee declines to include a
particular state or local money laundering investigation within its operations, a Strike Force
participating agency will be free to independently pursue the investigation within the
parameters of law. Any such independent investigation will be outside the scope of the
Agreement and will not benefit from the extension of jurisdiction conferred by this
agreement. All money laundering investigative efforts incidental to another investigation
conducted by an agency prior to acceptance of the money laundering investigation by the
Strike Force are outside the scope of this Agreement and will not benefit from the extension
of juriSdiction conferred by this agreement.
b. Any Strike Force participating agency that becomes aware of an investigation in violation
of the limits imposed by this clause shall immediately report it to the Chair of the Task Force
Steering Committee. The Chair shall bring the matter to the attention of the Task Force
Steering Committee as soon as practical. Violation of the commitment under this clause
may result in sanctions against the violating agency, which may include, but are not limited
to, permanent reduction in the offending agency's share of forfeiture proceeds obtained
from Task Force efforts or suspension or dismissal from the Task Force.
5. The Steering Committee consists of command level representatives from the signatory
agencies to this agreement. The Steering Committee shall have plenary supervisory
authority over Strike Force planning and direction. The Steering Committee shall assure
that the Strike Force remains .dedicated to its mission and primary goal of dismantling
organized money laundering organizations operating within Florida. The Strike Force
Steering Committee will meet monthly or as otherwise required to maintain an ongoing and
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 3 of 39 Pages
active oversight role. The Steering Committee shall select a Chairman and Vice-Chairman
from the signatory agencies. The Chairman shall serve one year. The Vice-Chairman shall
assume the Chair upon the expiration of the term of the current Chairman. The Steering
Committee shall select a new Vice-Chairman whenever the position becomes vacant.
6. The designated FDLE supervisor serving as Director of the Strike Force will provide monthly
reviews to the Steering Committee and the Office of the Executive Director of FDLE
reporting Strike Force investigative, intelligence and forfeiture activity. The Steering
Committee shall periodically, no less than twice yearly, assure that its meeting includes as
the main agenda item a review the objectives and accomplishments of the Strike Force, a
review of the success of the Task Force in meeting its primary goal of dismantling organized
money laundering organizations within Florida, and shall issue directives and cause such
changes as may be necessary to assure the Task Force efforts remain productive and
focused on the Task Force's primary missions.
7. Each participating agency shall contribute personnel and resources to the Strike Force in
such numbers as are agreed to by the participating agency and the Strike Force Steering
Committee. Participating agencies shall assign personnel to the Strike Force based upon
their investigative experience and the operational needs of the Strike Force. Final
acceptance of personnel assigned to the Strike Force shall rest with the FDLE Strike Force
Director.
8. The Steering Committee shall regularly receive performance reports and to review whether
resource contributions of participating agencies and funding are adequate to assure the
Strike Force efforts are effective. The Steering Committee will also review and approve the
Strike Force's annual operational budget and administrative expenses.
9. Actual operations of the Strike Force will be supervised and directed by sworn FDLE
member(s) of the Strike Force agreed upon by the Strike Force Director to serve in an
overall supervisory role. The Strike Force second-in-command should be the rank of
lieutenant or the operational equivalent to that rank. No person shall serve as second-in-
command who is not a full-time, certified officer with his or her employing entity. Provided
that FDLE supervision is maintained, the FDLE Task Force Director may designate a team
leader for specific field operations. The team leader may be any sworn member of a
signatory agency to this agreement. Each Strike Force member participating in a Strike
Force operation shall follow and adhere to, and is presumed to be following and adhering to,
the supervision and direction given by the designated supervisor of the operation. If at any
time the FDLE supervisor or designated team leader determines that the Strike Force
operation should be terminated, all actions related to said operation as authorized by this
Agreement are to be promptly terminated in a manner assuring the safety of ail involved law
enforcement officers. However, Strike Force-assigned officers or agents who are within
their normal territorial jurisdiction( s) may, acting unilaterally as officers or agents of their
employing agency, engage in continued investigative or enforcement actions as authorized
by their agency supervisor(s). Any such actions shall not be considered the operations of
the Strike Force and shall not fall within the priviieges and obligations of this Agreement.
Nothing in this paragraph shall modify or relax the restrictions against unilateral money
laundering investigations by Task Force participating agencies as addres~ed in Paragraph 4
herein.
10. Upon any termination of Strike Force operations, the supervisor shall document the
circumstances of the termination, including whether there appears to have been an
agency's unilateral continuation of investigative or enforcement activity, and the Strike Force
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 4 of 39 Pages
shall retain the documentation. The Strike Force and its member agencies are not
responsible for the actions of any participating agency or its officers or agents done after
the Strike Force operation has been terminated or otherwise performed outside the scope of
this Agreement.
11. The Strike Force shall maintain a listing of Strike Force personnel serving as supervisors or
designated supervisors. Documentation shall be maintained by the Strike Force that will
reflect the involvement of sworn members in each Strike Force operation or investigative
activity and the assigned supervisor or designated leader for each such operation or activity.
No member of the Strike Force shall engage in Strike Force related activities that are
unauthorized, unreported or otherwise unknown to the assigned Strike Force supervisor or
designated leader and which are not documented as provided herein.
12. Any officer or agent participating in Strike Force operations shall promptly report to any
Strike Force supervisor any suspected unauthorized, unreported, undocumented, or
unsupervised investigative or enforcement activity of Strike Force personnel.
13. Any agency head of a party to this Agreement may request that a particular agency's
member of the Strike Force no longer be allowed to participate in the Strike Force. Upon
receiving the request, the Strike Force Director shall temporarily suspend the member's
active participation in Task Force efforts. At its next meeting, the Steering Committee shall
determine whether the request should be honored on a permanent basis. Upon receipt
from the Steering Committee of a request to no longer allow a particular agency member's
participation in the Strike Force, the employing Agency shall promptly terminate the
member's participation in the Strike Force. Absent an objection by any other Party to this
Agreement, a Party to this Agreement may otherwise add, substitute, reinstate, or replace
any of its sworn or support employees participating in the Strike Force. If a Party objects to
any such action, the Steering Committee shall determine whether the action may proceed or
be maintained.
14. If a conflict arises between an order or direction provided by the assigned supervisor or
designated ieader and a Strike Force member's employing Agency's rules, standards, or
policies, the conflict shall be promptly reported to the supervisor or leader when
circumstances safely allow a concern to be raised. The supervisor or team leader, in
conjunction with available members of the governing board as may be necessary, shall
attempt to resolve the conflict in a manner to allow the Strike Force operation to continue
appropriately. No officer or agent shall be required to knowingly violate the policy of his or
her employing agency while participating in Strike Force operations.
15. The Parties to this Agreement may, by a written memorandum of understanding or written
attachments to this Agreement, identify or further define particular guidelines, policies, or
procedures to be utilized by members of the Strike Force when engaged in Strike Force
operations, provided that all such guidelines, policies and procedures are consistent with
Florida law and Florida or federal forfeiture guidelines and the terms of this Agreement.
However, Strike Force members' jurisdiction as provided under this Agreement may not be
altered by any such written attachment. In the absence of a written memoranda of
understanding or attachments, the policies and procedures to be utilized by Strike Force
members shall be clearly identified by the Strike Force supervisor, or if a supervisor is
unavailable, by a Strike Force team leader as designated by the supervisor. Written
guidelines, policies, or procedures adopted for use by the Strike Force as provided herein
may not be waived or abandoned by Strike Force supervisors or participants. However,
when engaged in Strike Force operations no Strike Force member will be expected or
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 5 of 39 Pages
required to violate or otherwise fail to maintain the member's employing Agency's standards
of conduct, or be required to fail to abide by restrictions or limitations as may be imposed by
law, or the member's employing Agency's rules. standards, or policies.
PROCEDURE FOR REQUESTING AND AUTHORIZING ASSISTANCE
Officers assigned to Strike Force operations pursuant to this agreement shall be empowered to
render enforcement assistance and take enforcement action in accordance with the law and the
terms of this Agreement. Execution of this agreement and continued participation by FDLE and
one or more Strike Force member agencies shall constitute a general reciprocal, continuing
request for and granting of assistance between the members of the Strike Force which shall be
considered authorized in accordance with the provisions of this Agreement. No additional or
specific formal request for assistance is required.
USE AND DISTRIBUTION OF SEIZED FUNDS AND PROPERTY;
STRIKE FORCE ADMINISTRA TlVE EXPENSES:
1. The Parties to this Agreement recognize that law enforcement is the principal objective of all
asset forfeiture and that, as mandated by Section 932.704(11)(a), Florida Statutes, as
enacted by Chapter 95-265, Laws of Florida, the Strike Force's operations and each Party's
use of property, currency, or proceeds received by reason of state forfeiture actions are to
conform with "Florida's Forfeiture Guidelines" as developed and adopted by the Florida
Department of Law Enforcement, the Florida Sheriffs Association, and the Florida Police
Chiefs Association, a copy of which are incorporated herein as Attachment C. In the case
of federal forfeitures, applicable federal guidelines apply.
2. All Parties recognize that they are to avoid the appearance of impropriety in the acquisition,
sale, retention or transfer of any forfeited property, currency or proceeds derived from such
forfeiture, and that forfeiture funds may not be used to meet normal law enforcement
agency operating expenses of each Party.
3. All participating parties acknowledge that the Task Force has no independent spending
authority and is not empowered to encumber, grant, donate, or expend funds independently.
Authorizations for expenditures must be consistent with law and authority granted to
participating agencies and in support of the mission of the Task Force. A participating Task
Force agency shall function as the administrative agent for Task Force operational
expenditures. The City of Coral Gables Police Department as empowered by the City of
Coral Gables is currently responsible for handling the administrative and support expenses
incurred by the Strike Force in its operations and is acting as the Task Force's current
administrative agent. If properly authorized by law and the party's governing body, any other
party to this Agreement may be authorized by the Steering Committee to assume the role of
Administrative Party.
4. Parties acknowledge that the Task Force is not a permanent operation and could be
terminated at any time. Accordingly, the Task Force shall avoid long-term commitments via
leases or rental agreements unless such agreements reasonably provide for cancellation
prior to their scheduled expiration dates. The Task Force shall endeavor to limit
administrative expenses as much as reasonably possible, in order to maximize the flow of
forfeiture proceeds to the individual participating agencies. Administrative expenses for
which expenditure may be authorized may include, but are not limited to, expenses incurred
in the storage of seized funds pending forfeiture, expenditures for rent of Strike Force
facilities, rental of vehicles utilized in Strike Force investigative activity, providing phones,
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 6 of 39 Pages
desks, office supplies and equipment in support of Strike Force operations, and the
payment of the salaries of a limited number of Strike Force administrative and operational
support personnel. Use of Task Force resources to provide "peres" or benefits beyond that
which personnel assigned to the Task Force would not otherwise be entitled or provided by
the employing agency of the personnel is expressly prohibited. Use of task force phones,
accounts, equipment, vehicles, or other resources for other than incidental personal
purposes is prohibited.
5. Administrative expenses do not include the salaries or overtime compensation, in excess of
64 hours per month, of officers, agents, analysts, or other employees of Party agencies
assigned to the Strike Force, or the purchase of regular or special equipment or resources
by a Party agency that may be or are utilized in support of Strike Force operations.
Compensation for such costs is the sole responsibility of the employing agency, and may, if
authorized by law and applicable forfeiture guidelines, be paid from forfeiture funds received
by the agency.
6. Anticipated administrative expenses for a budget year are to be identified by the
administrative agent as a Strike Force operational budget item, and are to be approved for
reimbursement by the Steering Committee in the Strike Force operational budget for the
fiscal year. The Steering Committee may approve all or a portion of the proposed
administrative expenses. Once approved, the administrative expenses may be reimbursed
to the administrative agent in the manner noted below. The administrative agent is not
obligated to expend resources in administrative support of the Strike Force if the Steering
Committee does not approve the expenses for reimbursement via the budget process. All
Parties acknowledge that the Strike Force itself has no authority to independently authorize
the expenditure of seized or forfeited funds, or to make grants from such funds to others.
As a result, reimbursement to the Administrative agent (currently the Coral Gables Police
Department) for its administrative expenditures shall be done by a voluntary deferral of each
Party's equitable share of forfeiture funds otherwise due to it in the manner set forth below.
7. Florida and Federal forfeiture laws allow multiple agencies participating in the seizure and
forfeiture of property to equitably proportion the distribution of such property upon
successful conclusion of the forfeiture. Distribution of the proceeds from successful
forfeiture actions shall be equitable among the Parties to this Agreement and shall take into
account their relative roles in support of the efforts of the Strike Force unless an alternate
distribution allocation among the Parties has been agreed to.
8. Participating agencies agree that each agency should contribute a fair share toward the
annual administrative costs of the Task Force. Such contributions will be effected by
deferring portions of forfeiture proceeds an Agency would otherwise be entitled to receive to
the benefit of the agency operating as administrative agent to cover the proportionate share
of the administrative expenses as noted herein. Such deferrals are to fairly and
appropriately reimburse, not enrich, the administrative agent agency. To reasonably
address the additional expenses incurred by the administrative agent for the administrative
and support expense role described herein and approved by the Steering Committee in its
operational budget, the other Parties agree that their respective proportionate share in the
distribution of forfeited funds will be reduced as approved by the Steering Committee in
such manner and amount to effect an increase in the share of forfeitures received by the
administrative agent (currently, the Coral Gables Police Department) for the extra
administrative expenses so incurred.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 7 of 39 Pages
9. All Parties have an equitable ownership in the funds seized for forfeiture and interest earned
on those funds pending perfection of ownership via final order of forfeiture. However, to
further address the additional expenses incurred by the Administrative agent for the
administrative and support expense role described herein and approved by the Steering
Committee in its operational budget, the Parties have agreed that all interest earned yearly
on funds seized and pending forfeiture up to a maximum amount set by the Steering
Committee at the time the yearly budget is approved shall be distributed to the
Administrative agent upon final order of forfeiture in a manner consistent with this
Agreement and law, with such funds to be applied to the approved administrative and
support expenses. Any interest earned yearly in excess of the maximum amount set by the
Steering Committee shall be included in the funds to be equitably distributed among the
Parties to this Agreement and shall take into account their relative roles in support of the
efforts of the Strike Force unless an alternate distribution allocation among the Parties has
been agreed to.
10. The Steering Committee may approve on a case-by-case basis the adjustment of one or
more distributions of forfeiture funds to Strike Force participating agencies to specifically
increase a Party's share of forfeiture distribution funds for an unusual or substantial
expense incurred by the Party directly associated with its participation in Strike Force
activities. In order for such reimbursement to occur, the expenses must have a substantial
nexus with the Strike Force's operations and mission. The Strike Force members
acknowledge they have no independent authority by reason of this Agreement to disburse
funds other than as authorized by law and as approved by each party's governing entity.
11. Each participating agency is solely responsible for assuring its use of distributed forfeiture
funds is in compliance with state law and mandatory state and federal forfeiture guidelines.
By continued participation in the Task Force, each participating agency warrants it is
operating in compliance with state law and mandatory guidelines. The Steering Committee
shall assure regular training of Strike Force officers and agents as required by the State
Guidelines occurs and is documented. Upon request of FDLE, a participating agency will
provide documentation or certification demonstrating such compliance. Any participating
agency found not to be operating within applicable forfeiture law and guidelines shall be
suspended from Task Force participation and forfeiture fund distribution until such time as
the Agency demonstrates it is in compliance with law and guidelines.
12. The Parties to this Agreement acknowledge that under federal guidelines, funds derived
from federal forfeitures are not to be commingled with funds derived from state forfeitures,
and are to be maintained in a separate trust fund account, to be expended only in a manner
as allowed by applicable federal guidelines. All Parties agree to file in a timely fashion all
reports or accountings of receipts or expenditures of forfeiture funds as are required by
state or federal law or applicable guidelines.
PROPERTY SEIZURE AND FORFEITURE CONSIDERA nONS:
1. No funds or other property seized by Strike Force operations are to be utilized by any Strike
Force agency prior to successful forfeiture or until title or interest in the funds otherwise
lawfully vests in one or more Strike Force agencies. Forfeiture actions based upon seizures
made by the Strike Force may be pursued in either state or federal actions. Actions shall be
based upon current statutory and case law, and shall be consistent with applicable state or
federal forfeiture guidelines. The Parties agree that the Office of the State Attorney of the
Eleventh Judicial Circuit, through its attorneys, will be primarily responsible under this
Agreement for pursuing all Strike Force forfeiture actions on behalf of all of the Parties in
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 8 of 39 Pages
state court in Miami-Dade County; that the Hollywood Police Department Legal Advisor shall
handle forfeiture actions in state court in Broward County, that the Florida Department of
Law Enforcement will be primarily responsible for forfeiture actions In Fiorida state court
other than in Miami-Dade and Broward Counties; and that the Office of the United States
Attorney, Southern District of Florida, will be primarily responsible for federal forfeiture
actions. However, this provision shall not preclude the use of other forfeiture attorneys or
personnel as needed on particular matters and as authorized by the Steering Committee
and agreed to by the above-noted three primary entities responsible for forfeiture litigation.
2. Any Party to this Agreement or any prosecutor handling the criminal prosecution of Strike
Force cases may request copies of forfeiture complaints and pleadings filed by reason of
Strike Force seizures and such copies shall be promptly provided to the requester.
Forfeiture actions are to be coordinated with criminal prosecutions. If any legal dispute or
concern as to the form or sufficiency of forfeiture actions or other action proposing to vest
the interest of Strike Force agency(ies) in seized cash or property is raised by any of the
Parties to this Agreement, an attempt to resolve the issue through informal discussion and
contact shall be made. In the event any Party responsible for filing and handling a forfeiture
action believes there is an insufficient basis upon which to pursue the forfeiture of particular
seized cash or property, and the concerns cannot be resolved, no forfeiture action on behalf
of the Strike Force is to be filed.
3. All options available under law to state and local law enforcement agencies with regard to
unclaimed evidence or abandoned property, gifts and plea agreements are available to the
Strike Force, provided the property under consideration otherwise qualifies under law for
such consideration.
4. In order to demonstrate compliance with the letter and spirit of Florida Statutes and Florida
Contraband Forfeiture Act, the Strike Force agencies will report semiannually to the Florida
Departrnent of Law Enforcement as required by Section 932.7055(8), F.S. Recognizing the
Strike Force is not a law enforcement agency, but is engaged in significant forfeiture activity
by and through the authority of this Agreement, the Strike Force Director shall forward on
behalf of the Task Force a report addressing the requirements of Section 932.7055(8) to
FDLE in the same manner as though the Strike Force were a law enforcement agency.
5. Pursuant to Section 932.704(7), F.S., when a claimant and the Task Force agree to settle
the forfeiture action prior to the conclusion of the forfeiture proceeding, the settlement
agreement shall be reviewed, unless such review is waived by the claimant in writing, by the
court or a mediator or arbitrator agreed upon by the claimant and the seizing law
enforcement agency. If the claimant is unrepresented, the settlement agreement must
include a provision that the claimant has freely and voluntarily agreed to enter into the
settlement without benefit of counsel. A copy of the settlement agreement is to be retained
in the investigative case file giving rise to the forfeiture and settlement.
GUIDELINES FOR MONEY PICKUPS, TRANSFERS AND SECURITY;
AUDITS AND REVIEWS:
1. The Parties to this Agreement recognize that substantial sums of cash will be seized by
reason of Strike Force operations, and are committed to assuring that all such seizures are
done with the greatest degree of security and integrity possible. The Strike Force will utilize
procedures established by written directive of the Strike Force relating to the seizure of
property for forfeiture and the seizure of contraband. At no time shall a Strike Force
participant seize, handle, transport or count seized funds alone. Pursuant to Section
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 9 of 39 Pages
932. 704( 11 )(b), Florida Statutes, the determination of whether to seize currency must be
made by Task Force supervisory personnel. Such determination must be documented in a
manner to indicate the supervisory personnel providing such authorization. The attorney
assigned to handle Task Force forfeitures must be notified as soon as possible. In the
absence of, or unavailability of that attorney, notification shall be made to the FDLE General
Counselor the FDLE Miami Regional Legal Advisor.
2. No investigative money laundering by the Strike Force or its participating agencies may
occur unless it is a means to an investigative end, rather than an end in and of itself.
Authorized laundering may only be conducted as part of reverse sting or as an interim step
reasonable expected to lead to the seizure of drugs, illicit funds, and/or arrests of those
engaged in unlawful money laundering.
3. The Strike Force will utilize procedures established in writing by the Strike Force relating to
the handling of evidence. A copy of Strike Force Directive 1.3, relating to forfeitures and
seizures, is attached as Attachment A to this Agreement. A copy of Strike Force Directive
1.4, relating to the handling of evidence, is attached as Attachment B to this Agreement.
Both of these Directives currently apply to Strike Force operations. The Parties to this
Agreement acknowledge in signing this Agreement that they have reviewed the
Attachments.
4. The Strike Force may modify, supplement or substitute written guidelines, provided that any
modification, supplementation, or substitution assures as a minimum that all non-cash
property coming into the custody of Strike Force members shall be treated as evidence,
utilizing standard and commonly-accepted means of securing and handling same, and that
all seizures of cash shall be done with appropriate checks and balances implemented to
assure that all cash seized is accounted for, and properly secured until such time as title or
interest in such funds lawfully vests in the seizing agency(ies) and the Strike Force. Copies
of written guidelines or directives shall be provided any Party upon request.
5. The Steering Committee will determine the type, nature and extent of audits or reviews
pertaining to Strike Force efforts, to include as a minimum an audit of Strike Force finances
on an annual basis. In addition, the Florida Department of Law Enforcement may at any
time order a review and audit by FDLE's Inspector General's Office of Strike Force
operations with regard to the seizure and handling of all evidence, property or cash, use and
disposition of property, currency or proceeds received by any Party by reason of a
forfeiture, or any other aspect of Strike Force operations. The Task Force Director or the
Steering Committee by majority vote may request at any time that such a review and audit
be performed by FDLE. The Parties agree to cooperate in any such audit by allowing full
access to documents, personnel and facilities necessary to perform the audit function. The
Parties agree to cooperate in any federal audit of Strike Force forfeiture activities as may be
required or requested by the United States government.
COMPLAINTS AGAINST STRIKE FORCE MEMBERS:
1. Each person assigned to the Strike Force shall promptly report any suspected criminal
activity or violation of rule or policy of any other member of the Strike Force or any person
with whom the Strike Force is conducting business.
2. Whenever a complaint has been lodged as a result of Strike Force efforts, a designee of the
Florida Department of Law Enforcement shall ascertain at a minimum:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 10 of 39 Pages
The identity(ies) of the complainant(s) and an address where the complainant(s) may be
contacted, the nature of the complaint any supporting evidence or facts as may be
available. including the names and addresses of witnesses to that which has been
complained about, the identity(ies) of the Strike Force participant(s) accused and the
employing Agency(ies) of the participant(s) accused.
3. FDLE will promptly provide to each affected employing Agency the above information for
administrative review and appropriate handling or disposition. Each affected employing
Agency shall, upon completion of said review, promptly notify FDLE of its findings and any
actions taken.
4. Upon assignment to the Strike Force, and once yearly, each person assigned to the Strike
Force shall be provided notification that he or she is obliged to report any wrongdoing or
impropriety by any Strike Force personnel. A local method of reporting such shall be
provided, and the name, email address and phone number of the Chief Inspector of FDLE's
Executive Investigations shall also be provided as an option for making any such report.
(The current Chief Inspector of FDLE's Executive Investigations is Rick Lober,
ricklober<aifdle.state.fl.us whose phone number is (850) 410-8240.)
INTERPLA Y WITH FEDERAL AND OTHER AUTHOR/TlES:
1. The Parties to this Agreement recognize that the federal law enforcement authorities have
requested that the efforts of the Strike Force be closely coordinated with federal authorities
having interests in money laundering investigations. The Parties recognize that federal
agents will, as necessary, be co-located at the Strike Force headquarters or otherwise
provided access to Strike Force operations and planning.
2. International movement of funds: No direct movement of funds internationally, or
transactions which are known by the task force to be an interim step prior to a specifically
planned, expected, or known international transfer of funds shall occur unless the federal
agent(s) assigned to work with the Strike Force are provided prior notice and federal
approval and participation is secured. If a federal agency has an objection to any proposed
operation of the Strike Force involving international movements of money, the operation is
not to proceed until the federal objections are resolved, giving federal interstate and
international responsibilities and concerns appropriate deference. The Strike Force shall
not directly or knowingly indirectly engage in international movements of funds without
securing authorization and participation from at least one federal agency having appropriate
jurisdiction.
3. Interstate movement of funds within the United States:
(a) Federal notification: A federal agent with appropriate jurisdiction assigned to work
with the Strike Force (normally, a DEA Agent) must receive notification of any intended
interstate movement of funds prior to the actual movement of the funds. The federal agent,
upon receiving notification as provided herein, shall coordinate the Strike Force's efforts
with other federal law enforcement agencies and make appropriate notification of the
proposed transaction(s). If a federal agency objects to a proposed interstate movement of
funds, no movement shall occur until the federal objections are resoived. The date of
original federal agent notification and the absence of objection shall be specifically
documented on the funds transfer authorization form. In the event of exceptional
circumstances that do not allow timely prior notice to the federal agent, funds may be
moved interstate upon the approval of the Director of the Strike Force, or in the absence of
the Director, his/her designee. The notice required by this section shall occur as soon as
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 11 of 39 Pages
practicable, but in no case longer than 48 hours after the interstate movement of funds has
begun.
(b) Recipient or involved state notification: Strike Force interstate movements of money
not otherwise involving the active participation of a federal agency shall be in coordination
with law enforcement agencies in the recipient or involved other states. In operations not
actively invoiving a federal agency, the Task Force shall not unilaterally conduct money
transfers in another state, without notifying the appropriate state, or local iaw enforcement
agencies of the proposed activities. Nothing in this Agreement provides Strike Force
members with jurisdiction beyond the geographic limits of the State of Florida. Task Force
operations are to be performed in a manner to minimize and avoid conflict with the actions
of, and mission of, federal agencies and other states' law enforcement agencies.
(c) Domestic security: Recognizing that money laundering is an important tool of
domestic and international terrorist organizations, no transfer of funds by the Strike Force
shall occur until the Strike Force has checked available law enforcement intelligence
databases, including, but not Iirnited to, FDLE's "Threat Net" to assure there is no believed
connection between the proposed transfer of funds and terrorisrn. If there is a reasonable
belief that the funds will be utilized by a terrorist organization, no transfer shall occur.
Notwithstanding this prohibition, if the transfer of funds is essential to an investigation of the
terrorist organization, and will substantially assist in the detection and apprehension of
terrorists, or the interference with their planned objectives, upon approval of the Steering
Committee, and with the approval of the primary agency investigating the terrorist
organization, a transfer may occur.
POWERS, PRIVILEGES, IMMUNITIES, COSTS, LIABILITY AND RELA TED
ISSUES; STRIKE FORCE SUPPORT CONSIDERA nONS:
Each Party engaging in any mutual cooperation and assistance pursuant to this Agreement
agrees to assume its own liability and responsibility for the acts, omission, or conduct of such
Party's own employees while such employees are engaged in rendering such aid, cooperation
and assistance pursuant to this Agreement, subject to the provisions of Section 768.28, Florida
Statutes, where applicable. All personnel assigned to the Strike Force remain ultimately
accountable to their respective employing agencies. In turn, each employing agency remains
responsible for such employees and assumes any liability for the actions of its employees while
assigned to the Strike Force. Each agency is individually responsible for securing supplemental
insurance as may be desired to cover potential losses or liabilities associated with the Task
Force operation. With regard to the rental or lease of vehicles for use by the Task Force
personnel, the participating Law Enforcement Agencies of the South Florida Money Laundering
Strike Force hereby agree to the extent permitted by Law to indemnify from any liability and
hold harmless the other participating Law Enforcement Agencies of the South Florida Money
Laundering Strike Force for any negligent acts or negligent omissions committed by their
respective personnel while acting within the scope of their empioyment. Therefore, in
consideration of the mutual terms and conditions contained herein, the parties agree as follows:
Each participating Law Enforcement Agency of the South Florida Money Laundering Strike
Force hereby agree to secure or otherwise maintain its own automobile liability insurance or
maintain a self-insuring fund for the term of this Agreement in the amounts determined by each
participating Law Enforcement Agency to adequately insure each participant's liability derived
from the use of the leased or rental vehicles assumed herein, but' in no event shall such
coverage be less than the amount of statutory waiver of sovereign immunity.
South Florida Money Laundering Strike Force
VOluntary Cooperation Mutual Aid Agreement (August 2004)
Page 12 of 39 Pages
Each Party to this Agreement agrees to furnish necessary personnel, property, police
equipment, vehicles, resources and facilities to render services to each other Party to this
Agreement in order to effect the purposes of the Strike Force and agrees to bear the cost of
loss or damage to its equipment, vehicles, or property so provided. Parties understand and
agree that they will be responsible for their own liability and bear their own costs with regard to
their property and resources, or personnel expenses incurred by reason of death, injury or
incidents giving rise to liability. This provision shall not preclude, as otherwise authorized
herein, the purchase of administrative support property or resources.
Each Agency furnishing aid pursuant to this Agreement shall compensate its employees during
the time such aid is rendered and shall defray the actual expenses of its employees while they
are rendering such aid, including any amounts paid or due for compensation due to personal
injury or death while such employees are engaged in rendering such aid. The privileges and
immunities from liability, exemption from laws, ordinances, and rules, and all pension,
insurance, relief, disability, workers' compensation, salary (including overtime compensation or
compensatory time), death and other benefits that apply to the activity of an employee of an
Agency when performing the employee's duties within the territorial limits of the employee's
Agency shall apply to the employee to the same degree, manner, and extent while such
employee acts under this Agreement. This provision shall not preclude payment by a Party of
compensation (including overtime compensation) to the Party's officers, agents, analysts, or
other personnel assigned to the Strike Force, if allowed by Florida or federal law and applicable
state or federal guidelines, through the use of legally vested Strike Force funds if the Party has
obtained the necessary approval and authorization for such payment from the Party's governing
commission or (if a state agency) the Legislature.
The privileges and immunities from liability, exemption from laws, ordinances, and rules, and
pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits
that apply to the activity of an employee of an agency when performing the employee's duties
within the territorial limits of the employee's agency apply to the employee to the same degree,
manner, and extent while engaged in the performance of the employee's duties extraterritorially
under the provisions of this Agreement. Each participating Party shall bear its own liability
arising from acts undertaken under the Agreement except as may be otherwise allowed under
Chapter 23, Florida Statutes, and any agreement by a participant to the contrary is void. The
Administrative Agency may request purchase of optional insurance or other reasonable actions
by the other Parties as a means of helping reduce the Administrative Agency's exposure to
claims or liability incurred solely by reason of its role as Administrative Agency in renting
automobiles or entering into contractual agreements on behalf of the Strike Force. Such
requests shall be approved by the Steering Committee, but if not approved, the Administrative
Agency shall not be obligated to enter into any particular rental or contractual obligation on
behalf of the Strike Force.
OBLlGA TION TO COORDINA TE WITH PROSECUTOR'S OFFICE:
1. A principal goal of this Strike Force is the successful prosecution of criminal
violators. Successful prosecution requires close coordination with prosecuting authorities,
both in the state and federal courts. Members of the Strike Force are obligated to
coordinate their efforts in such a way as to support the efficient prosecution of cases.
including, but not limited to, prompt responses to requests from prosecutors for information
or assistance in handling Strike Force generated cases, and reasonable availability for
pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials.
Civil or administrative actions derived from Strike Force operations are likewise to receive
coordinated support efforts from Strike Force members.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 13 of 39 Pages
2. Strike Force supervisors shall monitor the efforts of Strike Force members in support of
criminal prosecutions, civil actions, administrative actions and forfeiture cases. Such
monitoring shall include regular contact with assigned prosecutors or attorneys pursuing
actions on behalf of the Strike Force to assure the expected level of support from Strike
Force members is occurring. Failure by a member of the Strike Force to support such
efforts on a routine and reguiar basis in the manner set forth herein shall constitute grounds
for suspension or removal from the Strike Force and reduction or elimination of the agency's
share of forfeiture proceeds derived from Strike Force operations.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 14 of 39 Pages
PRIMARY STRIKE FORCE EFFORTS;
SEM~NNUALPROGRESSASSESSMEN~
1. The Strike Force has as its prime mission these primary areas of activity:
".- Money laundering investigations, including the seizure and forfeiture of funds derived
from drug or other criminal activity and the investigation and prosecution of those
involved in such activity;
".- Criminal investigation and prosecution of those involved in organized drug trafficking
enterprises and those involved in other drug related criminal activity, and efforts to
disrupt and dismantle organizations involved in such illegal activity.
2. The Parties agree to provide sufficient and continued support and personnel resources to
each of the above areas of activity, in a manner and to an extent determined and approved
by the Steering Committee, or as may be requested by the Florida Department of Law
Enforcement.
3. The Steering Committee no less than twice yearly review and evaluate the progress and
success of efforts in each of the primary areas of activity. To the extent resources are
available, they shall be reallocated to address observed deficiencies or to otherwise better
assure the balanced success of the primary Strike Force efforts.
INTERPLA Y OF TASK FORCE AGENCIES WITH FLORIDA VIOLENT CRIME
AND DRUG CONTROL COUNCIL FUNDED INVESTIGA TIVE EFFORTS
The mission of the Florida Violent Crime and Drug Control Council includes providing matching
funding of significant drug and money laundering investigations within the state. To the extent
that any investigation funded by the Council develops leads related to significant money
laundering affecting investigative efforts of any participating Task Force agency, the Agency
shall relate the leads to the Task Force Steering Committee, and the Steering Committee shall
determine whether the money laundering aspect of the Council-funded investigation warrants
inclusion as a Task Force investigation.
COPY TO EACH PARTICIPATING STRIKE FORCE MEMBER:
When this Agreement is fully executed, a copy shall be provided to each Strike Force member
so that each member may be fully aware of the powers, limitations, and expectations applicable
to Strike Force members and operations.
TERM AND EFFECT OF AGREEMENT; OBLlGA TION TO TlMEL Y RA TlFY;
MEANS OF CANCELLATION; AUTOMATIC EXTENSION; INTERIM
CLARIFICA TlONS OR MODIFICA TlONS:
1. This Agreement is the successor agreement to the original Agreement first establishing
the predecessor task force, known as the Multi-Agency Money Laundering and Anti-
Drug Trafficking Task Force ("IMPACT") and all subsequent renewals thereof. It shall
be effective as to the executing Parties upon execution by the Florida Department of
Law Enforcement and at least one other participating Agency. As each additional Party
executes this Agreement, it shall be effective as to the newly executing Party. Upon
execution, this Agreement supercedes previous versions of the agreements. Failure by
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 15 of 39 Pages
a Party to secure a timely ratification of this superceding agreement will result in said
party's participation in the Strike Force being suspended until such time as the Party
executes the Agreement.
2. This Agreement shall remain in full force as to all participating Parties until September
30, 2006 unless earlier canceled in writing by the Florida Department of Law
Enforcement as to all or separate Parties, or as canceled in writing by an individual
Party as provided herein. However, if the Strike Force continues operations beyond
September 30, 2006, the Agreement shall be automatically extended on a month-by-
month basis, until such time as each participating Party has ratified a revised or
subsequent written Agreement.
3. The terms of this Agreement may be clarified or modified, consistent with state and
federal law and guidelines, by supplemental Memoranda of Understanding signed by the
participating parties. Any such Memorandum shall incorporate by reference this
Agreement, and shall become a part of this Agreement by inclusion as an Exhibit
hereto. All such Exhibits are to be sequentially iettered and labeled as an attachment.
Master copies of the current Agreement will be maintained by the Florida Department of
Law Enforcement, Mutual Aid Coordinator and by the Task Force Director.
4. This Agreement may be duplicated for dissemination to all Parties, and such duplicates
shall be of the same force and effect as the original. Execution of this Agreement may
be signified by properly signing a separate signature page, the original of which shall be
returned to the attention of:
Michael Ramage, FDLE General Counsel
P.O. Box 1489, Tallahassee, Florida 32302-1489.
Upon receipt, originals will maintained by the FDLE Office of Mutual Aid Coordinator.
Any written cancellation or extension shall be forwarded to FDLE at the same address.
5. By signing the agreement, each representative of a party represents that he or she is
fully authorized to enter into this agreement, and that the Party for which the
representative is signing accepts the terms, responsibilities, obligations and limitations
of this Agreement, and agrees to bound thereto to the fullest extent allowed by law.
(Rest of this page intentionally left blank.)
.
.
.
.
.
.
*
*
*
*
.
.
*
*
*
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 16 of 39 Pages
IN WITNESS WHEREOF, the authorized representatives of Parties hereto sign
on the date specified hereafter:
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
For the Florida Department of Law Enforcement:
Guy M. Tunnell, Commissioner
Florida Department of Law Enforcement
Date:
South Florida Money Laundering Strike Force
VOluntary Cooperation Mutual Aid Agreement (August 2004)
Page 17 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
For the Department of Highway Safety and Motor Vehicles, Division of
Florida Highway Patrol:
Christopher A. Knight, Director
Florida Highway Patrol
Date:
South Florida Money Laundering Strike Force
VOluntary Cooperalion Mutual Aid Agreement (August 2004)
Page 18 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on fiie at FDLE along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Coral Gables Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 1 g of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
.***********************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Miami Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 20 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Miami Beach Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 21 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of North Miami Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 22 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipaiity or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipaiity or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of North Miami Beach Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Poiice
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 23 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Aventura Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
~x
Chief of Police
Date: IO~
South Florida Money Laundering Strike Force
Voluntary Cooperalion Mutual Aid Agreement (August 2004)
Page 24 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
****************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Hollywood Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 25 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
****************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Fort Lauderdale Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 26 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
..**************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Davie Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 27 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
****************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Hallandale Beach Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
VOluntary Cooperation Mutual Aid Agreement (August 2004)
Page 28 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
**********************.*****************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Miramar Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 29 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
****************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
City of Pembroke Pines Police Department.
Signature
Print or Type Name
Title:
o Mayor
o Chief Executive Officer, to wit:
Date:
Chief of Police
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 30 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
Monroe County Sheriffs Office.
Signature
Print or Type Name
Title:
o Sheriff
o Chief Executive Officer, to wit:
Date:
Sheriff (if above signed by Chief Executive Officer of County)
Date:
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 31 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
Pursuant to F.S. 23.1225(3), this agreement may be entered into by a sheriff, a mayor or chief
executive officer of a municipality or county on behalf of a law enforcement agency, if
authorized by the governing body of the municipality or county. By signing below, an indication
of such authorization is being made.
Any signatory may attach to this signature page any further evidence of authorization you wish
to remain on file at FDLE along with this signature page.
************************************************************************************************************
I hereby acknowledge that I have been authorized by the governing
body of the municipality to enter into this Agreement on behalf of the
Broward County Sheriffs Office.
Signature
Print or Type Name
Title:
o Sheriff
o Chief Executive Officer, to wit:
Date:
Sheriff (if above signed by Chief Executive Officer of County)
Date:
South Florida Money Laundering Strike Force
VOluntary Cooperation Mutual Aid Agreement (August 2004)
Page 32 of 39 Pages
Party's Acceptance of the August 2004 SOUTH FLORIDA MONEY LAUNDERING STRIKE
FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT
For the Office of the State Attorney of the Eleventh Judicial Circuit of
Florida (In and For Miami-Dade County, Florida):
Signature
Katherine Fernandez-Rundle
State Attorney
Date:
-------------------------------------------End of Signature Pages, Attachments Follow------------------------------------
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 33 of 39 Pages
ATTACHMENT A:
Strike Force Forfeitures and Seizures Directive (Rev. 6/99)
A. FORFEITURE - means action to perfect agency interest in and title to anything that is
taken into custody by Strike Force investigators that may be forfeited under the Florida
Contraband Forfeiture Act or under federal law. In general, all seizures of property for Asset
Forfeitures will be conducted under Coral Gables Police Department procedures.
1. All non-realty property that is seized for forfeiture will be:
a. Placed into the Coral Gables Police Department Property Unit or, in the case of
vehicles, recorded on Coral Gables Police Department Vehicle Storage Reports
after inventory search, and placed in secure storage.
b. All property will be listed in the forfeiture and confiscation report and copies sent
within one workday to the attorney(s) handling the forfeiture action. Unless
otherwise designated, the Miami-Dade State Attorney's Office will handle Strike
Force forfeitures arising within Miami-Dade County, while the Florida Department
of Law Enforcement will handie Strike Force forfeitures arising in counties other
than Miami-Dade.
B. SEIZURES OF CONTRABAND - means taking into custody anything illegal to possess.
(See Currency Handling Procedures)
1. All seizures will be placed in the Coral Gables police Department Property Unit.
2. All property that is taken into custody will be:
a. Fully documented on Coral Gables Police Department Property Receipt.
b. All seizures will be iisted in the Forfeiture/Confiscations Report and copies sent
within one workday to the Coral Gables Police Department Confiscation Unit and
to the appropriate attorney(s) handling the forfeiture as noted above.
3. In all instances where controlled substances are seized that are in the amount which
warrants trafficking charges (1 ounce of cocaine/100 pounds of marijuana) or instances
where monies are seized in excess of $1,000, the Strike Force will assign at least two
investigators to the custody of the contraband or monies. The investigators will maintain
custody until the controlled substance or monies is placed into the Coral Gables Poiice
Department Property Unit.
4. Whenever possibie, and as authorized by the prosecuting attorney and the attorney
handling the forfeiture, cash seized for forfeiture will be deposited into an interest
bearing account pending resolution of the forfeiture. Appropriate steps to document the
condition of the cash prior to deposit into the account must be taken as may be required
by the prosecutor or forfeiture attorney.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 34 of 39 Pages
ATTACHMENT B
Strike Force Evidence Directive
A. Each investigator is responsible for the evidence which he or she has occasion to
purchase or seize. All controlled substances are to be treated in a careful manner.
B. All evidence will be turned in to the Coral Gables Police Department Property/Evidence
Unit as soon as possible after its seizure.
C. Evidence will not be stored in any facility other than the Coral Gables Police Department
Property Unit (i.e. desk, lockers, etc.). All seized controlled substances will be checked
into the Coral Gables Police Department Property Unit prior to the end of the
investigator's tour of duty.
D. Tests of controlled substances to establish probable cause will be done at the scene by
the impounding investigator and the results documented in the investigator's Strike
Force operational report(s).
E. Confirmation chemical analysis of controlled substances will be performed by the Metro-
Dade Crime Lab.
F. Two investigators are required when handling trafficking amounts of controlled
substances or amounts of currency amounting in excess of $1 ,000.
G. When an arrest for a controlled substance is made, the arresting investigator will be
responsible for maintaining the integrity of the evidence.
H. Any member of the Strike Force having reason to believe that evidence, cash, property
or contraband is not, or has not, been handled properly by any Strike Force
member or other person coming into contact with the item(s) shall immediately report
any such belief to a Strike Force supervisor. The supervisor shall immediately conduct
or cause to be conducted all necessary inquiry and steps to assure the integrity of the
Strike Force operation.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 35 of 39 Pages
ATTACHMENT C
Florida's Mandatory Statewide Forfeiture Guidelines
-n"V'
Guidelines and Training Procedures
To Be Used By State and Local Law Enforcement Agencies
And State Attorneys in Implementing
The Florida Contraband Forfeiture Act
---- v-- -- ..
I. Policy Statement
The Florida Contraband Forfeiture Act, Sections 932.701 through 932.707, Florida Statutes,
(Act) authorizes law enforcement agencies to seize and forfeit real and personal property,
including currency, vehicles, aircraft, and other contraband articles that are used in violation of
the Act.
The Act also allows seizure and forfeiture of any controlled substance as defined in Chapter 893,
Florida Statutes, or any substance, device, paraphernalia, or currency or other means of exchange
that was used, was attempted to be used, or was intended to be used in violation of any provision
of Chapter 893, Florida Statutes if a nexus can be clearly demonstrated between the article(s)
seized and the narcotics activity, whether or not the use of the contraband article(s) can be traced
to a specific narcotics transaction.
It is the policy of the State of Florida that law enforcement agencies shall utilize the provisions of
the Act to deter and prevent the continued use of contraband articles for criminal purposes while
protecting the proprietary interests of innocent owners and lienholders and to authorize such law
enforcement agencies to use the proceeds collected under the Act as supplemental funding for
authorized purposes. The potential for obtaining revenues from forfeitures must not override
fundamental considerations such as public safety, the safety of law enforcement officers, or the
investigation and prosecution of criminal activity.
It is also the policy of this state that law enforcement agencies ensure that, in all seizures made
under the Act, their officers adhere to federal and state constitutional limitations regarding an
individual's right to be free from umeasonable searches and seizures, including, but not limited
to, the illegal use of stops based on a pretext, coercive consent searches, or a search based solely
upon an individual's race or ethnicity.
The Act provides procedural safeguards for those claiming or having an interest in the seized
property, including bona fide lienholders, lessors, and innocent co-owners. The Act
complements the other options available to Florida law enforcement agencies in addressing
criminal activity, is a valuable tool of law enforcement to be used by Florida law enforcement
agencies to assist their law enforcement mission, and is to be preserved and wisely used as a
valuable weapon in Florida's law enforcement arsenal.
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 36 of 39 Pages
II. Purpose
The purpose of these Uniform Standards is to provide statewide guidelines for law enforcement
policies and procedures used in seizing, maintaining, and forfeiting property under the Act and to
provide training procedures to be used by state and local law enforcement agencies and state
attorneys in implementing the Act. Compliance with these Standards will enhance the goal of
establishing more uniform forfeiture practices throughout the state. These Uniform Standards are
to be interpreted in a manner to assure that to the greatest extent possible there is uniformity of
policy and procedure throughout the state. It is not the intent or purpose of these Standards to
create new rights of parties or new defenses to forfeiture actions. All rights and actions are
defined by the substantive provisions of the Act itself or other applicable law.
III. Principles
The following principles should be incorporated within the policies and procedures of any state
or local law enforcement agency involved in the seizure and forfeiture of property under the Act-
A. LAW ENFORCEMENT IS THE PRINCIPAL OBJECTIVE OF ASSET
FORFEITURE. The potential for obtaining revenues from forfeitures must not override
fundamental considerations such as public safety, the safety of law enforcement officers, the
investigation and prosecution of criminal activity, and respect for the rights of individuals as
provided by law.
B. The employment, salary, promotion or other compensation of a law enforcement officer
or attorney should not depend on obtaining a quota of seizures.
c. Agencies should ensure, through the use of written policy and procedures and training,
compliance with all applicable legal requirements regarding seizing, maintaining, and forfeiting
property under the Act.
D. When property other than currency is seized for forfeiture, the probable cause supporting
the seizure should be promptly reviewed by a supervisor who is not directly involved in making
the seizure. The determination of whether to seize currency must be made by supervisory
personnel. The agency's legal counsel must be notified as soon as possible of all sei=es.
E. The determination of whether an agency will file a civil forfeiture action should be made
by the agency head or other command level designee who is not directly involved in making the
selzure.
F. Every seizing agency should have policies and procedures promoting, when there is no
other legitimate basis for holding seized property, the prompt release of such property as may be
required by the Act or by agency determination. To help assure that property is not wrongfully
held after seizure, every agency shall have policies and procedures ensuring that all asserted
claims of interest in seized property are promptly reviewed for potential validity.
G. A seizing agency may not use the seized property for any purpose until the rights to,
interest in, and title to the seized property are perfected in accordance with the Act. This does
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 37 of 39 Pages
not prohibit the use or operation necessary for reasonable maintenance of seized property.
Reasonable efforts shall be made to maintain seized property in such a manner as to minimize
loss of value.
H. Settlement of any forfeiture action shall be consistent with the mandates of the Act and in
compliance with agency policy or directive.
1. All forfeited property retained for law enforcement use should be maintained and utilized
in accordance with the Act, and should be subject to the same controls with regard to property
acquired through the agency's normal appropriations process.
J. Any agency receiving forfeiture proceeds should maintain such moneys in a special fund
as provided by law, which is subject to normal accounting controls and financial audits of all
deposits and expenditures. If the seizing agency is a county or municipal agency, the proceeds
and interest thereon may not be used to meet normal operating expenses of the law enforcement
agency. Seizing agencies must file reports as required by the Act.
K. Each state or local law enforcement agency that seizes property for the purposes of
forfeiture shall periodically review the agency's sei=es of property, as well as settlements and
forfeiture proceedings initiated by the agency to determine whether such sei=es, settlements
and forfeitures comply with the Act and these Standards. Such review should occur at least
annually. If the review suggests deficiencies, the agency shall promptly move to ensure the
agency's compliance with the Act and these Standards.
L. Agencies should avoid the appearance of impropriety in the acquisition, sale, retention, or
transfer of any forfeited property or proceeds derived from such property.
M. Agency personnel involved in the seizure of property for forfeiture shall receive periodic
training as noted in Section IV, below.
IV. Training Procedures
Each state or local law enforcement agency shall ensure that its officers involved in selzlllg
property for forfeiture under the Act receive basic training and continuing education as required
by the Act. Each agency shall maintain records demonstrating an officer's compliance with these
training requirements. A portion of such training must address legal aspects of forfeiture,
including search and seizure, or other constitutional considerations.
(End of Guidelines).
End Of Mutual Aid Agreement and Attachments
(Page 38 of 38 pages, including signature pages and attachments as of August 2004)
South Florida Money Laundering Strike Force
Voluntary Cooperation Mutual Aid Agreement (August 2004)
Page 38 of 39 Pages
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
DATE:
Eric M. Soroka, ICMA-CM, Ci
TO:
City Commission
October 22,2004
SUBJECT: Resolution Authorizing Execu' f Federal Drug Control and
System Improvement Program Grant to Fund School Resource
Officer Programs
November 9, 2004 City Commission Meeting Agenda Item 10 G
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the Federal
Drug Control and System Improvement Program Grant document to fund the School
Resource Officer programs at the Charter School.
BACKGROUND
The City has applied for and received a grant in the amount of $14,000 to fund various
crime prevention program designed to educate the students and parents of the school.
The grant provides $10,507 and the City is obligated to provide a match of $3,503.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01321-04
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND APPLY FOR THE
FEDERAL DRUG CONTROL AND SYSTEM
IMPROVEMENT PROGRAM GRANT AVAILABLE
THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN
SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND
$14,010 IN FUNDS; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura desires to accomplish
the purpose outlined in the contract attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute such contracts and
agreements as are required between Miami-Dade County and the City of Aventura to
provide a Community Drug & Crime Prevention School Resource Officer Program in
substantially the form as attached hereto.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
Resolution No. 2004-_
Page 2
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 9th day of November, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
, who
, and
MIAMI.DADE COUNTY DEPARTMENT OF HUMAN SERVICES
CONTRACT
This Contract, made this day of 200_, by and between
Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as
"County") through its Department of Human Services (hereinafter referred to as "Department"),
located at 2525 NW. 62"0 Street. Suite 4225 - Miami. FL 33147, and the CITY OF
AVENTURA located in Miami-Dade County, Florida (hereinafter referred to as "Provider"),
provides the terms and conditions pursuant to which the Provider shall provide a School
Resource Officer Project.
WHEREAS, the County has been awarded federal funds from the Drug Control and
System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug
Abuse Act of 1988, hereinafter referred to as the ACT; and
WHEREAS, the Provider warrants and represents that it possesses the legal
authority to enter into this Agreement by way of resolution, motion or similar action that has
been duly adopted or passed as an official act of the Provider's governing body, authorizing the
execution of the Contract, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the Provider to carry out on
behalf of the Provider all of the duties and responsibilities set forth in this Contract; and
WHEREAS, this Contract shall be deemed effective upon award ,of grant funds by
the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to
Miami-Dade County or when this Contract has been duly executed by both parties, whichever is
later; and
WHEREAS, the County is desirous of supporting an expansion of the services
provided by the School Resource Officer Project by providing a portion of the federal funds
awarded to Miami-Dade County to the School Resource Officer Project; and
WHEREAS, the County as contractor/grantee for the State of Florida is authorized to
purchase said services for the School Resource Officer Project as an (3l1owable activity under
the ACT; and
WHEREAS, the County requires the above-mentioned services from the Provider in
order to fulfill its' contractual obligations under the aforementioned grant,
NOW, THEREFORE, for and in consideration of the mutual covenants recorded
herein, the parties hereto agree as follows:
I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $ 1 0,507. Both parties agree that
should available County funding be reduced, the amount payable under this Agreement may be
proportionately reduced at the option of the County.
II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachment A.
Created on 10/6/200412:57 PM
Page 1 of 12
III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2004
through September 30, 2005.
IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services
and payment by the County, including the required 25% Cash Match, and provide all
equipment and supplies required for the provision of services.
V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A. Requirements of the Anti-Druq Abuse Act. The Provider agrees to abide by all
of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System
Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida
Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business
Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and
all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set
forth.
B. Supplantinq. The Provider agrees that funds received under this Contract shall
be utilized to supplement, not supplant state or local funds, and will be used to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-
drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida
Administrative Code.
VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services
by assuring that services are provided by the sarne person whenever possible and, if not, by a
qualified replacement when necessary.
VII. PROGRAM CONTACT. Provider shall designate a .contract coordinator who shall be
responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2)
whenever the County so requests, meeting with County staff to review such compliance.
VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold
harmless the County and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of defense, which the County or
its officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Contract by the Provider or its employees, agents,
servants, partners, principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall
pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly
understands and agrees that any insurance protection required by this Contract or othelWise
provided by Provider shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents and instrumentalities as
herein provided. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract.
Created on 10/6/200412:57 PM
Page 2 of 12
IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined
by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written
verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing
herein shall be construed to extend any party's liability beyond that provided in section 768.28,
Florida Statutes.
X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed
professionals providing School Resource Officer services shall have appropriate training and
experience in the field in which he/she practices and abide by all applicable State and Federal
laws and regulations and ethical standards consistent with those established for his/her
profession. Ignorance on the part of the Provider shall in no way relieve it from any of its
responsibilities in this regard.
XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami-
Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et
al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference
as if fully set forth herein, in connection with its Contract obligations hereunder.
XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami-
Dade County ("County Code"), as amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1 975, 42 U.S. C., as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 9794, as
amended, which prohibits discrimination on the basis of disability; and the Americans with
Disabilities Act, 42 U.S.C. 912103 et seq., which prohibits discrimination in employment and
accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, the County shall have the right to terminate this Contract. It is further understood that the
Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. 91612, and the Fair
Housing Act, 42 U.S.C. 9 3601 et seq. If the Provider or any owner, subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the
Courts or the County to be in violation of these Acts, the County will conduct no further
business with the Provider. Any contract entered into based upon a false affidavit shall be
voidable by the County. If the Provider violates any of the Acts during the term of any Contract
the Provider has with the County, such contract shall be voidable by the County, even if the
Provider was not in violation at the time it submitted its affidavit.
The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance,
codified as 911A-60 et seq. of the Miami-Dade County Code, which requires an employer, who
in the regular course of business has fifty (50) or more employees working in Miami-Dade
County for each working day during each of twenty (20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law may be
grounds for voiding or terminating this Contract or for commencement of debarment
proceedings against Provider.
XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered
personally or sent by mail or by facsimile to the parties at the following addresses or to such
other address as either party may specify:
Created on 10/6/200412:57 PM
Page 3 of 12
If to the COUNTY:
Miami-Dade County
Department of Human Services
2525 NW 62"d Street, Suite 4225
Miami, Florida 33147
Attention: Mr. Vaughn Tooley
If to the PROVIDER:
Aventura Police Department
19200 W. Country Club Drive
Aventura, FL 33180
Attention: Chief Thomas E. Ribel
XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. It is expressly understood
and Intended that the Provider is 0 nly a recipient 0 f funding support and is not an agent or
instrumentality of the County. Furthermore, the Provider's agents and employees are not
agents or employees of the County.
XV. BREACH OF AGREEMENT: COUNTY REMEDIES.
A. Breach. A breach by the Provider shall have occurred under this Contract if: (1)
The Provider fails to provide services outlined in the Scope of Services (Attachment A) within
the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds
allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete
proof of expenditures to support reimbursement requests or fails to submit or submits
incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the
Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider
refuses to allow the County access to records or refuses to allow the County to monitor,
evaluate and review the Provider's program; (6) t he Provider discriminates under any of the
laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence
Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions
of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its
obligations under this Contract through fraud, misrepresentation or material misstatement; (10)
the Provider fails to correct deficiencies found during a monitoring, evaluation or review within
the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami-
Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and
conditions of any obligation under any contract or otherwise or any repayment schedule to any
of its agencies or instrumentalities; or (13) the Provider fails to fulfill in at Imely and proper
manner any and all of its obligations, covenants, agreements and stipulations in this Contract.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
B. Countv Remedies. If the Provider breaches this Contract, the County may
pursue any or all of the following remedies:
1. The County may terminate this Contract by giving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days
Created on 10/6/2004 12:57 PM
Page 4 of 12
before the effective date of termination. In the event of termination, the County may: (a)
request the return of all finished or unfinished docurnents, data studies, surveys, drawings,
maps, models. photographs, reports prepared and secured by the Provider with County funds
under this Contract; (b) seek reimbursement of County funds allocated to the Provider under
this Contract; (c) terminate or cancel any other contracts entered into between the County and
the Provider. The Provider shall be responsible for all direct and indirect costs associated with
such termination, including attorney's fees;
2. The County may suspend payment in whole or in part under this Contract
by providing written notice to the Provider of such suspension and specifying the effective date
thereof, at least five (5) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the Provider as
condition precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any other
contracts entered into between the County and the Provider. The Provider shall be responsible
for all direct and indirect costs associated with such suspension, including attorney's fees;
3. The County may seek enforcement of this Contract including but not
limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible
for all direct and indirect costs associated with such enforcement, including attorney's fees;
4. The County may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations
under this Contract through fraud, misrepresentation or material misstatement, the County
shall, whenever practicable terminate this Contract by giving written notice to the Provider of
such termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. The County may terminate 0 r cancel any 0 ther contracts
which such individual or entity has with the County. Such individual or entity shall be
responsible for all direct or indirect costs associated with such termination or cancellation,
including attorney's fees. Any individual or entity who attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material misstatement may be
disbarred from County contracting for up to five (5) years;
6. Any other remedy available at law or equity.
C. The County Manager is a uthorized to terminate this Contract on behalf of the
County.
D. Damaqes Sustained. Notwithstanding the above, the Provider shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the Contract, and the County may withhold any payments to the Provider until such time as
the exact amount of damages due the County is determined. The Provider shall be responsible
for all direct and indirect costs associated with such action, including attorney's fees.
XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate
at least sixty (60) days prior to the effective date of such termination. The County Manager is
authorized to terminate this Contract on behalf of the County.
Created on 10/6/200412:57 PM
Page 5 of 12
XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all
expenditures or costs shall be made in accordance with the Budget which is attached herein
and incorporated hereto as Attachment B.
A. Budqet Variance. Funds may be shifted between approved line items, not to
exceed fifteen percent (15%) of the total budget, without a written amendment. Variances
greater than fifteen percent (15%) in any approved line item shall require a written amendment
approved by the Department.
B. Recapture Funds. At the conclusion of the third quarter and upon submission of
the Quarterly Performance Report and Invoice, the County will review the Provider's Year-To-
Date expenditures.
1. Municipalities reporting remaining balances which exceed expenditure
levels for normal program operations must submit a plan with the Third Quarter Report which
documents those steps the municipality will take in the Fourth Quarter to fully expend the
contract by the end of the program year.
2. This expenditure plan must be approved by the County.
3. Where the municipality does not anticipate full expenditures by the end of
the program year, the County will recapture the anticipated unexpended amount for use in
another program, without a formal amendment process.
C. Pavment Procedures. The County agrees to pay the Provider for services
rendered under this Contract based on the line item budget incorporated herein and attached
hereto as Attachment B. The parties agree that this is a cost-basis Contract and the Provider
shall be paid through reimbursement payment for allowable expenses on the budget approved
under this Contract (see Attachment B). The Provider agrees to invoice the County for each
School Resource Officer Project using the Quarterly Project Performance Report & Invoice
as it appears in Attachment C, and to do so on a quarterly basis, as stated in Section XIX. B.1.
The Quarterly Project Performance Report & Invoice shall be prepared in a manner in
accordance with the form provided in Attachment C. The final Quarterly Project Performance
Report & Invoice shall be submitted by October 15, 2005.
D. The Provider agrees to mail all invoices to the address listed above, Section XIII.
E. The County agrees to review invoices and to inform the Provider of any
questions. Payments shall be mailed to the Provider by the County's Finance Department.
F. No payment of subcontractors. In no event shall county funds be advanced
directly to any subcontractor hereunder.
XVIII. INVENTORY. CAPITAL EQUIPMENT AND REAL PROPERTY.
A. Acquisition of Propertv. The Provider is required to be prudent in the acquisition
and management of property with federal funds. Expenditure of funds for the acquisition of
new property, when suitable property required for the successful execution of projects is
already available within the Provider organization, will be considered an unnecessary
expenditure.
Created on 10/6/200412:57 PM
Page 6 of 12
B. Screeninq. Careful screening should take place before acquiring property in
order to ensure that it is needed with particular consideration given to whether equipment
already in the possession of the Provider organization can meet identified needs. While there is
no prescribed standard for such review, the Provider procedures may establish levels of review
dependent on factors such as the cost of the proposed equipment and the size of the Provider
organization. The establishment of a screening committee may facilitate the process; however,
the Provider may utilize other management techniques which it finds effective as a basis for
determining that the property is needed and that it is not already within the Provider's
organization. The County must ensure that the screening referenced above takes place and
that the Provider has an effective system for property management. The Provider is hereby
informed that if the County is made aware that the Provider does not employ an adequate
property management system, project costs associated with the acquisition of the property may
be disallowed.
C. Loss, DamaQe or Theft of EqUipment. The Provider is responsible for replacing
or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any
loss, damage, or theft of the property must be investigated and fully documented and made part
of the official project records.
D. Equipment Acquired with Crime Control Act Block/Formula Funds. Equipment
acquired shall be used and managed to ensure that the equipment is used for criminal justice
purposes.
E. Manaqement. The Provider's procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet
the following requirements: 1) Property records must be maintained which inclUde description
of property, serial number or other identification number, source of the property, identification of
who holds the title, acquisition date, costs of the property, percentage of County participation in
the cost of the property (Federal funds), location of property, use and condition of the property,
disposition data including the date 0 f disposal and sale price; 2) a physical inventory 0 f the
property must be taken and the results reconciled with the property records at least once every
2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage
or theft of the property. A ny loss, damage, 0 r theft shall be investigated by the Provider as
appropriate; 4) adequate maintenance procedures must exist to keep the property in good
condition; and 5) if the Provider is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
F. Retention of Propertv Records. Records for equipment, nonexpendable
personal property, and real property shall be retained for a period of 3 years from the date of
the disposition or replacement or transfer at the discretion of the County. If any litigation, claim,
or audit is started before the expiration of the 3-year period, the records shall be retained until
all litigation, claims, or audit findings involving the records have been resolved.
XIX. RECORDS, REPORTS. MONITORING AUDITS, AND EVALUATION STUDIES.
The Provider shall keep records of program services in sufficient detail to provide any reports
that may be requested by the County. .
A. Records. All program records will be retained by the Provider for not less than
three (3) years beyond the term of this Agreement. In accordance with contract requirements
Created on 10/6/200412:57 PM
Page 7 of 12
from the State of Florida, records for the School Resource 0 fficer Project services must
reflect:
1. The names of staff providing services as described in Attachment A.
2. The dates and number of hours the staff provided services.
3. The dates of services and activities and the names of program
participants in attendance to such as described in Attachment A.
4. The records of all other program services provided under this Agreement.
B. Reportinq Requirements.
1. Quarterlv Proiect Performance Report and Invoice. The Provider shall
submit the Quarterly Project Performance Report and Invoice to the Department of Human
Services by January 15, April 15, July 15, and October 15, 2005 covering the Agreement
activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall
be submitted in the format and using the form attached hereto as Attachment C.
2. Other Required Reports. The Provider shall submit other reports as may
be required by the Department of Human Services during the program year.
C. Chanqes to Reportinq Requirements. The Provider understands that the
County may at any time require changes in data collected, records 0 r reporting, as may be
necessary and agrees to comply with any such modifications.
D. Monitorinq and Audit.. The Provider shall make available for review, inspection,
monitoring or audit by the County without notice during normal business hours all financial
records and other program records and documents which relate to or have been produced or
created as a result of this Agreement. The Provider shall proVide assistance as may be
necessary to facilitate a financial/program audit when deemed necessary by the County to
ensure compliance with applicable accounting and financial standards. The County reserves
the right to require the Provider to submit to an audit of the County's choosing. Furthermore,
the Provider understands, it may be subject to an audit, random or otherwise, by the Office of
the Dade County Inspector General or independent private sector inspector general retained by
the Office of the Inspector General.
E. Office of Miami-Dade Countv Inspector General. Miami-Dade County has
established the Office of the Inspector General, which is empowered to perform random audits
on all County contracts throughout the duration of each contract. Grant recipients are exempt
from paying the cost of the audit, which is normally 1/4 of 1 % of the total contract amount.
The Miami-Dade County Inspector General is authorized and empowered to review past,
present and proposed County and Public health Trust Programs, contracts, transactions,
accounts, records, and programs. In addition, the Inspector General has the power to
subpoena witness, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance with plans.
specifications and applicable law.
CreaJed on 10/6/200412:57 PM
Page 8 of 12
The Inspector General is empowered to analyze the necessity of and reasonableness of
proposed change orders to the Contract. The Inspector General is empowered to retain the
services of independent private sector inspectors general to audit, investigate, monitor,
oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal submittals, activities of
the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to
ensure compliance with contract specifications and to detect fraud and corruption
Upon ten ( 10) days prior written notice to the Provider from the Inspector General or IPSIG
retained by the Inspector General, the Provider shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and copying. The
Inspector General and IPSIG shall have the right to inspect and copy all documents and
records in the Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract. including, but not limited. to
original estimate files, change order estimate files, worksheets, proposals and Contracts from
and with successful and unsuccessful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction documents,
proposal and contract documents, back-charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds. rebates, or dividends received,
payroll and personnel records, and supporting documentation for the aforesaid documents and
records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontracts and all other Contracts executed by the Provider in connection with the
performance of the contract.
Nothing in this contract shall impair any independent right of the County to conduct audit or
investigative activities. T he provisions 0 f this section are neither intended nor shall they be
construed to impose any liability on the County by the Provider or third parties.
F. Independent Private Sector Inspector General Reviews. Pursuant to Miami-
Dade County Administrative Order 3-20, the Provider is aware that the County has the right to
retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the.
County deems it appropriate to do so. Upon written notice from the County, the Provider shall
make available to the IPSIG retained by the County, all requested records and documentation
pertaining to this agreement for inspection and copying. The County shall be responsible for
the payment of these IPSIG services, and under no circumstances shall the Provider's budget
and any changes thereto approved by the County, be inclusive of any changes relating to these
IPSIG services.
The terms of this provIsion herein, apply to the Provider, its officers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any
independent right of the County to conduct an audit or investigate the operations, activities and
performance of the Provider in connection with this Contract. The terms of this Section shall
not impose any liability on the County by the Provider or any third party.
G. Evaluation Studies. The Provider agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the Florida Department of Law
Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation
shall at a minimum include access to the Provider's premises and records.
Created on 10/6/200412:57 PM
Page 9 of 12
XX. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceedina. The Provider shall not utilize County funds to
retain legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Provider shall not utilize County funds to provide
legal representation, advice or counsel to any client in any action or proceeding against the
County or any of its agents, instrumentalities, employees or officials.
B. Reliqious Purooses. County funds shall not be used for religious purposes.
C. Comminqlinq Funds. T he Provider shall not commingle funds provided under
this Contract with funds received from any other funding sources.
XXI. MISCELLANEOUS.
A. Contract. This Contract is the complete and exclusive statement of all the
arrangements between the County and the Provider regarding provision of the services
described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend
any other agreement between the Provider and the County unless specifically stated herein.
B. Amendments and Modifications. Except as otherwise enumerated herein, no
amendment to this Contract shall be binding on either party unless reduced to writing, signed by
both parties, and approved by the County Manager. Provided, however, that the County may
effect amendments to this Contract without the written consent of the Provider, to conform this
Contract to changes in the laws, directives, guidelines, and objectives of County, State and
Federal Governments.
Any alterations, variations, amendments, or other modifications of this Contract, including but
not limited to amount payable and effective term, shall only be valid when they have been
reduced to writing, duly approved and signed by both parties and attached to the original of this
Contract.
The County and Provider mutually agree that amendments of the Scope of Service, line item
budget of more than fifteen percent (15%) of the total budget set forth herein and other such
revisions my be negotiated as written amendment to this Contract between the parties. The
County Manager is authorized to make amendments to this Contract as described herein on
behalf of the County.
C. Ownershio of Data and Other Material. All reports, information documents, tapes
and recordings, maps and other data and procedures developed, prepared, assembled or
completed by the Provider in connection with the duties and responsibilities undertaken by the
Provider in accordance with the terms of this Contract shall become the property of the County
without restriction, reservation or limitation of their use and shall be made available to the
County by the Provider at any time upon request by the County. Upon completion of all work
contemplated under this Contract, copies of all of the above data shall be delivered to the
County upon request.
D. Contract Guidelines. This Contract is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this Contract shall be
Miami-Dade County, Florida.
Created on 10/61200412:57 PM
Page 10 of 12
E. Publicitv. It is understood and agreed between the parties hereto that this
Provider is funded by Miami-Dade County. Further, by acceptance of these funds, the Provider
agrees that events and printed documents funded by this Contract shall recognize the funding
source as follows:
This program was supported by a grant awarded to the Miami-Dade County
Department of Human Services, the Florida Department of Law Enforcement
(FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA).
F. Subcontracts. The Provider agrees not to enter into subcontracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or
all of its rights, title or interest herein, or its power to execute such Contract without the prior
written approval of the County and that all subcontractors or assignees shall be governed by
the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000
or more by the County and the Provider intends to use subcontractors to provide the services
listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider
shall provide the names of the subcontractors and suppliers on the form attached as
Attachment E. The Provider agrees that it will not change or substitute subcontractors or
suppliers from those listed in Attachment E without prior written approval of the County.
G. Headinqs. Use of Sinqular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the
provisions of this Contract. Wherever used herein, the singular shall include the plural and
plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as
the context requires.
H. Total of Contract/Severabilitv of Provisions. This twelve (12) page Contract with
its recitals on the first page of the Contract and with its attachments as referenced below
contain all the terms and conditions agreed upon by the parties:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment D1:
Attachment D2:
Attachment D3:
Attachment E:
Scope of Services
Budget
Quarterly Project Performance Report & Invoice
Miami-Dade County Affidavits
Code of Business Ethics
Miami-Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or bind any of the parties hereto. If any provision of this Contract is 'held invalid
or void, the remainder of this Contract shall not be affected thereby if such remainder would
then continue to conform to the terms and requirement of applicable law.
Created on 10/6/2004 12:57 PM
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
by their respective and duly authorized officers, the day and year first above written.
Signature
Eric M. Soroka. Citv Mana~er
Name (typed)
ATTEST:
By:
City Clerk - Teresa M. Soroka
ATTEST:
HARVEY RUVIN, CLERK
By:
DEPUTY CLERK
Created on 10/6/2004 12:57 PM
City ManaJ1;er
Title
By:
(Corporate Seal)
MIAMI-DADE COUNTY, FLORIDA
By:
GEORGE M. BURGESS
COUNTY MANAGER
Page 12 of 12
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT D1
ATTACHMENT D2
ATTACHMENT D3
ATTACHMENT E
SUMMARY OF ATTACHMENTS
Scope of Services/ Program Narrative
Program Budget
Quarterly Project Performance Report & Invoice
Miami-Dade County Affidavits
Code of Business Ethics
Miami-Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers
ATTACHMENT A
PROGRAM NARRATIVE
Jurisdiction Name: AVENTURA
Contact Person: Chief Thomas E. Ribel
Address: 19200 W. Country Club Dr.,
Aventura, FL 33180
Contact Numbers: 466-8966 Office
466-8990 Fax
Program Area: School Resource Officer (07A)
Program Dates: 10/01/04 through 09/30/05
Program Name: School Resource Officer
Target Population: School Age Youth
Problem Identification
Since it's inception in November 1995, the city of Aventura has grown tremendously. With that growth,
a change in the demographics also occurred. Aventura went from a predominantly elderly or retiree
community to one that now includes a large number of young families. Currently the police department
provides services to their youth at neighboring community schools. Opening in the fall of this year,
Aventura Charter Elementary School will be the first public school in the city, for students grades K-S.
It's the police department's objective to provide a safe drug free environment to these and all students
in Aventura. A School Resource Officer will be assigned to work at the city's new school.
Proqram Description
The presence of a School Resource Officer will provide a number of benefits in the new charter school.
Besides offering protection for the school and students, the presence of the SRO will serve as a
deterrent to unwanted intruders. Additionally, in-service orientations will be provided to school staff
and teachers along with presentations for parents at monthly Parent Teacher Association meetings.
The SRO will become a familiar face in classrooms while conducting classes on safety, crime
prevention, and conflict management. In addition, Aventura's SRO will implement an after-school
training program designed to empower its youth. This victim empowerment program, called Resisting
Aggression Defensively, includes a 5 class curriculum on aggression training techniques. It is intended
to promote safety and awareness for youth in everyday surroundings. The RADKid curriculum is
structured to address self defense and self awareness in today's youth. In addition it provides youth
with healthy techniques on how to deal with aggression. Curriculum materials include training gear, i.e.
helmets, elbow and knee pads and floor mats. Each kit includes gear for four youth and one instructor
package. The above is just a few of the many services that will be available in this new charter school.
Other services will include DARE classes, Red Ribbon activities, a mentoring program and a host of
other services for these school age kids. Grant funds will be used to purchase program supplies
needed to support program activities.
Year One Activities/Accomplishments & Unmet Needs (2003-2004)
This grant year has proven to be a great success. With the new local elementary school, ACES, the
SRO unit has provided services to more than SOD students. Although most of the schools Aventura
provides services for are outside of their city limits, their SRO's have conducted in-service orientations,
counseling sessions for students and parents, and prevention education classes. The department
reports an overwhelming response to their programs including the newly created after school RADKid
program.
In the upcoming year, Aventura will continue with it's program much like it is structured currently.
Officers will create a Youth Crime Watch Program on the ACES campus. Plans are also underway for
to open a new middle school within the next year. The department will train an additional officer for
their RADKID program and use grant funds to provide for the supplies and equipment used in all their
SRO activities.
Sa
Jurisdiction Name: AVENTURA
Contact Person: Chief Thomas E. Ribel
Address: 19200 W. Country Club Dr.,
Aventura, FL 33180
Contact Numbers: 466-8966 Office
466-8990 Fax
Program Area: School Resource Officer (07 A)
Program Dates: 10/01/04 through 09/30/05
Program Name: School Resource Officer
Target Population: School Age Youth
Prooosed Activities Planned Measures Monitorina Plan
07A05 Provide 10 caunseling School Resource Officer to Program Plan and Activity
sessions for parents during conduct: Schedule.
the grant year. I n-service orientations
Crime prevention classes Meeting announcements,
07 A07 Conduct 40 crime Parent counseling attendance records, etc.
prevention class presentations sessions
during the grant year. Participant list and meeting
Mc Gruff presentations attendance records
07 A1 0 Provide 6 in-service Video presentations
orientations to school Multi Media presentations Copies of invoices for
teachers during the grant Red Ribbon Activities. materials purchased.
year. RADKID presentations
Safety Patrol/ Youth Crime
Wat~
Chief Thomas E. Ribel, APD Vauahn Tooley, DHS
5b
ATTACHMENT B
PROGRAM BUDGET
Jurisdiction Name: AVENTURA
Program Area: School Resource Officer
Program Name: School Resource Officer
Salaries and Benefits, Total
Contractual Services, Total
Operating Capital Outlay, Total
Digital Camera
Printer
Expenses, Total
SRO Training (1 officer)
RADKld Program equipment 2 packets @ $2840
Educational videos 72 @ $25
Printed Materials (Red Ribbon Week) 2500 @ $1.40
Miscellaneous program supplies
Total Budget
Dade County will reimburse an amount not to exceed:
The 25% CASH MATCH for this grant is:
The source of the CASH MATCH Is:
Police Department General Fund, Aventura
aco levels begin at $300.
10/6/2004
Contact Person: ChiefThomas Ribel
466-8989 PH -. 466.8990 FX
Program Dates: 10/01/04 - 09/30/05
$0
$0
$1,130
$500
$630
$12,880
$400
$5.680
$1,800
$3.500
$1,500
$14,010
$10,507
$3,503
11a
ATTACHMENT C
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
- Drug Control and System Improvement Formula Grant Program
Quarterly Project Performance Report
SCHOOL RESOURCE OFFICER PROJECT
PURPOSE AREA OlA
(City)
(Project Name)
(Name of Person Completing Form)
(Title)
(Phone)
STATE ID NUMBER: 05-CJ-J3-11-23-01-050
GRANT NUMBER: HSB445
. -Re art Number.-
1
2
3
4
art Number
.QUarterl Period
Re art Due Dates
Note: Those questions that are directly related to your program have been highlighted for your
convenience. Ail questions must be answered and explained in the NARRATIVE portion of this report.
Any report not received by January 16: April 16; July 16; and/or October 16, will result in the issuance
of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests.
FY2005 Quarterly Project Report
School Resource Officer Project 07A
Aventura
PI
th
f
th t
dt
ease answer e ques Ions a correspon o vour prolect.
07.01 During this reporting period, how many trespass warnings were issued to
unauthorized personnel on school grounds?
07.03 During this reporting period, how many student offenders were arrested
off school grounds?
07.04 During this reporting period, how many students were provided one or
more counseling sessions?
07.05 During this reporting period, how many parents were provided one
or more counseling sessions?
07.07 During this reporting period, how many crime prevention class
presentations were conducted?
7a. In what setting did these activities take place?
7b. How many students were participated in these presentations?
07.08 During this reporting period, how many school special events were
attended?
8a_ List the type of events project personnel attended.
07.09 During this reporting period, how many students were referred to public
assistance agencies for services?
07.10 During this reporting period, how many in-service orientations were
provided to teachers?
PROGRAM NARRATIVE
In accordance with FDLE, all projects must include a detailed description of program activities for
each quarter. Jurisdictions failing to complete this portion of the report will be "Out of
Compliance" in addition to a denial of reimbursement requests.
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(To Be Copied on Jurisdiction Letterhead)
City: Date of Claim:
Project Name: Claim Number:
Teleohone: Claim Period:
Name of Person Completing Form:
t~~5 ~~~:;:!{~,~;;'~'t~" :~,i~ cr.. .~ '(~~~7:;: :. ~.~ ~ :~::~ 1 ~:'~<~ .~~ ;:~~:.::~ ~~~~~~~~~.~ ~~:~~,~~ :~;:~:~~~;',.:~,:":~~~~~~')~;~~~J7~fi~1~~i
1. Total Federal Budget $ 2. Amount This Invoice $
(75% of your current claim)
3. Amount of Previous Invoices $ 4. Remaining Federal Balance $
(Sublracllines 2 & 3 from line 1)
Sub Object Budget Line Item Exceeds Federal Local Category
Code Categories Disallowed Budget Funds Match Totals
Salaries &
Benefits
Contractual
Services
Operating/
Capital Equipment
Expenses
Total Claim
We request payment in accordance with our contract agreement in the amount of 75% of the Total Costs for this
Claim $ (75%). the balance of costs. $ (25%), to be recorded as our in-kind contribution to
comply with the local match requirements.
Attached, please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and
none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within
the contractual scope of services and all of tile goods and services have been received, for which reimbursement IS requested.
Respectfully submitted,
Chief of Police/Other City Official Payment Approved, Miami Dade County
Miami Dade County Page 2 of 3
School Resource Officer Project
HSB445
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses
City: Date of Claim:
Project Name: Claim Number:
Name Date of Type of Total
OfficerfStaff Activity Activity' Hours
.
*(Presentation, Parent Meeting, Field trip, etc.)
TOTAL HOURS AT$ . PER HOUR =$
I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT.
OFFICER/STAFF SIGNATURE:
OFFICER/STAFF SOCIAL SECURITY NUMBER:
CHIEF OF POLlCEfCITY OFFICIAL SIGNATURE:
I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED:
Note: Pavroll registers. time sheets and or slips, documenting payroll expenses, must be attached to process this payment.
Miami Dade County Page 3 of 3
School Resource Officer Project.
HSB445
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Equipment. Supplies, Material Expenses)
City: Date of Claim:
Project Name: Claim Number:
Item Date Check
Vendor Descriction Paid Number Am2llil1
TOTAL AMOUNT OF EXPENSES:
NOTE: Copies of all Invoices and cancelled checks for this request must be attached to process payment.
ATTACHMENT 0
ATTACHlIlE!\T D
DEPARTMENT OF HUMAN SERVICES
BYRNE GRANT ADMINISTRA nON
MIAMI-DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N/A" all affidavits that do not penain to this contract. All
blank spaces must be filled.
The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT;
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not penain to contracts with the United States or any of its departments or agencies thereof, the. State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE FAMILY LEAVE
AFFIDAVIT shall not penain to contracts with the United States or any of its departments or agencies or the
State of Florida or any political subdivision or agency thereof; it shall, however, penain to municipalities of the
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determme
whether or not it penains to this contract.
I,
ERIC M. SOROKA
Affiant
, being first duly sworn state:
The full I egal name and business address 0 f the p erson(s) or entity contracting 0 r transacting business with
Miami-Dade County are (Post Office addresses are not acceptable):
65-0662615
Federal Employer Idenrification Number (If none, Social Security)
CITY OF AVENTURA. A MUNICIPAL CORPORATION
Name of Entity, Individual(s), Partners, or Corporation
Doing Business As (if same as above, leave blank)
19200 W. COUNTRY CLUB DRIVE., AVENTIJRA, FLORIDA
Street Address City State
33180
Zip Code
NA I. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code)
I. If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly
five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded
corporations or to contracts with the United States or any department or agency thereof, the State or
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are (Post Office addresses are not acceptable):
Full Legal Name
Address
OwnershIp
%
%
%
10f5
2. The full legal names and business address of any other individual (other than subconrractors.
material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal. eqUItable
beneficial or otherwise) In the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3. Any person who willfully fails to disclose the information required herein, 0 r w ho knowingly
discloses false information in this regard, shall be punished by a fine of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty (60) days or both.
NA II. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-
133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollars ($ 10,000) or more shall require
the entity contracting or transacting business to disclose the following information. The foregoing
disclosure requirements do not apply to contracts with the United States or any department or agency
thereof, the State or any political subdivision or agency thereof or any municipality of this State.
1. Does your firm have a collective bargaining agreement with its employees?
Yes No
2. Does your firm provide paid health care benefits for its employees?
Yes No
3, Provide a current breakdown (number of persons) of your firm's
work force and ownership as to race, national origin and gender:
Males
Males
Males
Males
Females
Females
Females
Females:
Asian:
American Indian:
Aleut (Eskimo):
Males
Males
Males
Males
Females
Females
Females
Females
White:
Black:
Hispanics:
xIII. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.)
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract,
have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate in its employment and promotion practices; and ii) a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women-owned businesses in its own procurement of goods, supplies and services. Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring the entity does not discriminate in its employment, promotion and procurement practices.
The foregoing notwithstanding, corporate entities whose boards of directors are representative of the
population make-up of the nation shall be presumed to have non-discnminatory employment and
procurement policies, and shall not be required to have written affirmative action plans and procurement
policies in order to receive a County contract. The foregoing presumption may be rebutted.
20[5
The requirements of County Ordinance No. 98-30 may be waived upon the written recommendatIOn of
the County Manager that it is in the best interest of the County to do so and upon approval of the Board
of County Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of $5,000,000.
The firm does have annual revenues in excess of $5,000,000: however, its Board of Directors is
representative of the population make-up of the nation and has submitted a written. detailed
listing of its Board of Directors, including the race or ethnicity of each board member. to the
County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor. MiamI,
Florida 33128.
The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, a nd has submitted t he plan a nd policy to the County's
Department of Business Development 175 N.W. 1" Avenue, 28th Floor, Miami, Flonda
33128;
The firm does not have an affirmative action plan and/or a procurement policy as described
above, but has been granted a waiver.
NAIV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County _ has _
has not as of the date of this affidavit been convicted of a felony during the past ten (10) years.
~'v.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County _ has _ has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
MIAMI-DADE EMPLOYMENT DRUG-FREE WORl<.PLACE AFFIDAVIT (County Ordinance No.
92-15 codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above
named person or entity is providing a drug-free workplace. A written statement to each employee
shall inform the employee about:
1. danger of drug abuse in the workplace
2. the firm's policy of maintaining a drug-free environment at all workplaces
3. availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflIct WIth the
requirements of those governmental entitles.
30f5
.K_yr.
MIAMI-DADE EMPLOYMENT F AMIL Y LEA VE AFFIDAVIT (County Ordinance No
142-91 codified as Section 11A-29 et. seq ofthe County Code)
That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day dUrIng
each of twenty (20) or more calendar work weeks, shall provide the' following informatIOn in
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (I) year shall be entitled to ninety (90)
days of family leave during any twenty-four (24) month period, for medical reasons, for the bIrth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliatIOn.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however, pertain to municipalities of this State.
_xYII. DISABILITY NON-DISCRIMINATION AFFIDA YIT (County Resolution R-385-95)
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.c.
12101-12213 and 47 U.S.c. Sections 225 and 611 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29
U.S.c. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing
Act as amended, 42 U.S.c. Section 3601.3631. The foregoing requirements shall not pertain to
contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State.
NAyIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2-8.I(c) of the County Code)
Except for small purchase orders and sole source contracts, that above named firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent a nd currently due fees 0 r taxes - - including but not 1 imited tor eal and
property taxes, utility taxes and occupational licenses -- which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or mdividual have been paid.
NAIX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLlGA nONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
40f5
NAX.
PROJECT FRESH START (Resolutions R-702-98 and 358-99)
Any firm that has a contract with the County that results in actual payment of $500,000 or more shall
contribute to Project Fresh Start, the County's Welfare to Work Initiative. However. if five percent
(5%) of the firm's work force consists of individuals who reside in MIami-Dade County and who have
lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a
result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. the firm may
request waiver from the requirements of R-70Z-98 and R-358-99 by submitting a waiver request
affidavit. The foregoing requirement does not pertain to government entities, not for profit
organizations or recipients of grant awards.
~XI.
DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At IIA-60 Et. Seq. of the
Miami-Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance.
Ordinance 99-5, codified at l1A-60 et. seq. of the Miami Dade County Code, which requires an
employer which has in the regular course of business fifty (50) or more employees working in Miami-
Dade County for each working day during each of twenty (20) or more calendar work weeks in the
current or proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and
have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/ A" all affidavits
that do not pertain to this contract.
By:
(Signature of Affiant)
ERIC M. SOROKA. CITY MANAGER
SUBSCRIBED AND SWORN TO (or affirmed) before me this
(Date)
day of
200~ by ERIC M. SOROKA
He/She is personally
known to me or has presented
(Type ofIdentification)
as identification.
(Signature of Notary)
(Serial Number)
(Print or Stamp of Notary)
(Expiration Date)
Notary Public - Stamp State of
Notary Seal
(State)
50f5
ATTACHMENT 01
MUM/-DADE COUNTY FLORiDA
ATTACHMENT 01
Form A-12
Code of Business Ethics
In accordance with Resolution R-994-99 each person or entity that seeks to do business
with M iami.Dade County shall adopt the Miami-Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics as follows:
The Miami-Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an
ethical business climate for its members and the community by adopting a Code of Business
Ethics. Miami-Dade County/Greater Miami Chamber of Commerce encourages its members to
incorporate the principles and practices outlined here in their individual codes of ethics, which will
guide their relationships with customers, clients and suppliers. This Model Code can and should
be prominently displayed at all business locations and may be incorporated into marketing
materials. Miami-Dade County/Greater Miami Chamber of Commerce believes that its members
should use this Code as a model for the development of their organizations' business codes of
ethics.
This Model Code is a statement of principles to help guide decisions and actions based on respect
for the importance of ethical business standards in the community. Miami-Dade County/Greater
Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the
responsibility of every business and professional organization.
By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby
agrees to comply with the principles of Miami-Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics. 1ft he Proposer firm's code varies in any way the
Proposer must identify the difference(s) on a separate document attached to Form A-12.
Compliance with Government Rules and Requlations
We the undersigned Proposer will properly maintain all records and post all licenses and
certificates in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees, we will conduct business in accordance
with all applicable rules and regulations and in the open;
We, the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission, the Office of Inspector General or appropriate
law enforcement authorities.
Recruitment. Selection and Compensation of Contractors. Consultinq. Vendors. and Suppliers
We, the undersigned Proposer will avoid conflicts of interest and disclose such confiicts when
identified;
. Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick
back any portion of a contract payment to employees of the other contracting party or accept
such kickback.
10/6/2004 Page 1 of 3
.'........ ,."........ ...........,..., ._.............n
Business Accountina
All our financial transactions will be properly and fairly recorded in appropriate books of
account," and
there will be no 'off the books" transactions or secret accounts.
Promotion and Sales of Products and Services
Our products will comply with all applicable safety and quality standards;
We, the undersigned Proposer will promote and advertise our business and its products or
services in a manner that is not misleading and does not falsely disparage our competitors;
We, the undersigned Proposer will conduct business with government agencies and employees
in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism
are unacceptable;
. Our proposal will be competitive, appropriate to the request for proposals/qualifications
documents and arrived at independently;
. Any changes to contracts awarded will have a substantive basis and not be pursued merely
because we are the successful Proposer.
. We, the undersigned Proposer will, to the best of our ability, perform government contracts
awarded at the price and under the terms provided for in the contract. We will not submit
inflated invoices for goods provided or services performed under such contracts, and claims
will be made only for work actually performed. We will abide by all contracting and
subcontracting regulations.
. We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise
channel kickbacks from contracts awarded, to government officials, their family members or .
business associates.
. We, the undersigned Proposer will not seek or expect preferential treatment on proposals
based on our participation in political campaigns.
Public Life and Political Campaions
We, the undersigned Proposer encourage all employees to participate in community life, public
service and the political process to the extent permitted by law;
We, the undersigned Proposer encourage all employees to recruit, support and elect ethical
and qualified public officials and engage them in dialogue and debate about business and
community issues to the extent permitted by law;
. Our contributions to political parties, committees or individuals will be made only in accordance
with applicable laws and will comply with all requirements for public disclosure. All contributions
made on behalf of the business must be reported to senior company management;
We, the undersigned Proposer will not contrib\,lte to the campaigns of persons who are
convicted felons or those who do not sign.'fhe Fair Campaign Practices Ordinance.
10/6/2004
Paqe 2 of 3
..~~r.o".~-.....,........"" '-V".Il~~~, ~.J..UI\..J""'''''
We, the undersigned Proposer will not knowingly disseminate false campaign information or
support those who do.
Pass-throuqh Requirements
. This Code prohibits pass-through payments whereby the prime firm requires that the MBE firm
accepts payments as an MBE and passes through those payments to another entity;
Rental Space. Equipment and Staff Requirements or Flat Overhead Fee Requirements
This Code prohibits rental space requirements, equipment requirements, staff requirements
and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent
space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of
space, equipment, secretary, etc;
MBE Staff Utilization
. This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is
necessary and then utilizing the MBE staff for other work to be performed by the prime firm.
This Code also requires that on any contract where MBE participation is purported, the contract shall
specify essential terms including, but not limited to, a specific statement regarding the percent of
participation planned for MBEs, the timing of payments and when the work is to be performed.
By:
(Signature of Affiant)
ERIC M. SOROKA, crTY MANAGER
(Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this
day of
200_ by
ERIC M. SOROKA
. He/She
is personally known to me or has presented
(Type of Identification)
as Identification.
(Serial Number)
(Signature of Notary)
(Print or Stamp of Notary)
(Expiration Date)
10/6/2004
Paae 3 of 3
ATTACHMENT 02
Attachment D2
MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Ordinance 93-129, Section 1)
I, being duly first sworn, upon oath deposes and says that the bidder of this
contract or his agents, officers, principals, stockholders, subcontractors or their
affiliates are not debarred by Miami-Dade County.
By:
(Signature of Affiant)
ERIC M. SOROKA, CITY MANAGER
(Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this
day of
200_ by
ERIC M. SOROKA
. He/She
is personally known to me or has presented
(Type ofIdentification)
as identification.
(Signature of Notary)
(Serial Number)
(Print or Stamp of Notary)
(Expiration Date)
Notary Public - Stamp State of
Notary Seal
(State)
5/01
ATTACHMENT 03
Attachment D3
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
TIDS FORM.MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFF1CIAL AUTHORIZED TO ADMINISTER OATHS
1. This sworn statement is submitted to Miami-Dade County
Eric M. Soroka, City Manager
(print individual's name and title)
fur City of Aventura
(print Name of entity submittihg sworn statement)
by
whose business address is
19200 W. Country Club Drive, Aventura
and if applicable its Federal Employer Identification Number (FEIN) is 65--0662615
Ifthe entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. I understand that a "puhlic entity crime" as defined in paragraph 287.133 (I)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or services
to be provided to public entity or agency or political suhdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspirac:y, or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July I, 1989, as a result of a jury verdict, non jury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Slatutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term ~~affiliate't includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
10f2
5. I understand that a "person" as defined in Paragraph 287.133(I)(e), Florida Statures, means an)'
natural person or entity organized under the laws of any state or of the United States within the legal
power to enter into a binding contact and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers. executives. partners, shareholders.
employees, members, and agents who are active in management of an entit)'.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
_Neither the entity submitting this sworn statement, nor any of its officers, directors. executives.
partners, shareholders, employees, members, 0 r a gents w ho are active i n the management 0 f t he
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
_The entity submitting this sworn statement, or one or more of its officers, directors. executives.
partners, shareholders, employees, members, 0 r a gents w ho are active i n the management 0 f t he
entity, nor any affiliate of the entity has been charged with and convicted of a public entit)' crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement On the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC .ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQillRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
ERIC M. SOROKA, CITY MANAGER
Sworn to and subscribed before me this
day of
20_.
Personally known
OR Produced Identification
Notary Public - State of
My commission expires
(Type of Identification)
(Printed typed or stamped commissioned name of notary
public)
20/2
~~-< ~".
'~~<: ._~.,.~.
ATTACHMENT E
ATTACH:\lE:'iT E
MIAMI~DADE DEPARTMENT OF HUMAN SERVICES
BYRNE GRANT ADMINISTRATION
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97-104)
Name of Organization:
City of Aventura
Add 19200 W. Country Club Drive
ress:
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit the list of first tier
subcontractors or sub-consultants who will perfOlm any part of the Scope of Services Work. if this
Contract is for $100,000 or more.
The Provider must complete this information. If the Provider will not utilize subcontractors, then the
Provider must state "No subcontractors will be used"; do not state "N/ A".
NAME OF SUBCONTRACTOR OR SUB-CONSULTANT
ADDRESS
CITY AND STATE
No subcontractors will be used.
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit a list of suppliers
who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or
more.
The Provider must fill out this information. -If the Provider will not use suppliers, the Provider must
state "No suppliers will be used", do not state "N/A".
NAME OF SUPPLIER
ADDRESS
CITY AND STATE
No suppliers will be used.
I hereby certify that the foregoing information is true, correct and complete:
Signature of Authorized Representative:
Title:
City Manager
Eric M. Soroka
Date:
Firm Name: City of Aventura Police Dept.
Fed. ID No. 65-0662615
Address: 19200 W. Country Club Drive
City! StarelZip: Aventura, FL
33180
Telephone: (305) 466-8999
Fax: (30~ 466-8991
E-mail:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Recommendation to Select the Pia mg Consulting Services Firm to
Assist in the Preparation of the Evaluation and Appraisal Report for
the Comprehensive Plan
November 9, 2004 City Commission Meeting Agenda Item Ja...1
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution that selects
the planning consulting services firm to assist in the preparation of the Evaluation and
Appraisal Report for the Comprehensive Plan. The Resolution selects the firm of Bell
David Planning Group in association with the Corradino Group as the recommended
firm and authorizes the City Manager to negotiate a contract for services.
BACKGROUND
Florida Statutes require that each local government in the State of Florida adopt an
Evaluation and Appraisal Report (EAR) once every seven years to assess progress in
implementing their Comprehensive Plan. According to the established schedule, the
City of Aventura is required to submit its adopted EAR to the State by December 1,
2005.
The City issued a Request for Qualifications to obtain a firm for planning consultant
services. A Review Team consisting of the Senior Planner, Planning Director and City
Manager was formed to evaluate the proposals and interview firms to prepare a
recommendation to the City Commission.
The following is a brief summary of the action taken by the Team to arrive at our final
recommendations:
1. An RFQ advertisement was placed in the newspaper, on the internet and
distributed to the vendor list.
Memo to City Commission
Page 2
2. On September 15, 2004, proposals were publicly opened from the following
firms:
a. Michele Mellgren & Associates, Inc.
b. Wallace Roberts & Todd, LLC
c. Bell David Planning Group in association with the Corradino Group.
3. The firms were interviewed by the Team on October 20, 2004.
4. Based on the extensive RFQ submission requirements and interviews, the Team
reached a consensus to recommend one firm to the City Commission, with one
alternate that would be called upon should we fail to reach favorable terms with
the top ranked firm. A contract to establish a Scope of Services and fees will be
negotiated with the recommended firm.
The Team felt that all the firms were qualified. However, the recommended firm has
more extensive experience in preparing EAR documents for Miami-Dade County Cities.
Now that the Team has completed its work, the following actions are necessary to
complete the process:
1. Adopt the attached Resolution, which serves three (3) specific purposes. First it
ranks the firms. Second, it authorizes the City Manager to negotiate the contract
for services. Third, it establishes another firm as an alternate, should we be
unable to reach favorable terms with the selected firm.
2. After the contract is negotiated, it will be presented to the City Commission at a
future meeting.
Copies of all proposals are available for your inspection in the City Manager's Office.
Should you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01319.04
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF BELL DAVID
PLANNING GROUP, INC. IN ASSOCIATION WITH THE CORRADINO
GROUP TO ASSIST IN THE PREPARATION OF THE EVALUATION
AND APPRAISAL REPORT OF THE COMPREHENSIVE PLAN IN
ACCORDANCE WITH RFQ NO. 04-9-15-2; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID
SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM
TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS
WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura, in accordance with applicable state law, has
requested qualifications from planning firms to assist in the preparation of the
Evaluation and Appraisal Report of the Comprehensive Plan; and
WHEREAS, said proposals were evaluated by a selection committee consisting
of the City Manager, Senior Planner and Planning Director; and
WHEREAS, said selection committee recommends the firm of Bell David
Planning Group, Inc. in association with The Corradino Group, based on the firm's
experience and qualifications; and
WHEREAS, said selection committee recommends the selection of the firm of
Michele Mellgren & Associates, Inc. should the City be unable to reach favorable terms
with Bell David Planning Group, Inc., in association with The Corradino Group.
WHEREAS, the City Commission desires to authorize the City Manager to
negotiate a contract for scope of services and fees with the recommended firm, and
with the alternate firm, should negotiations with the recommended firm be unsuccessful.
Resolution No. 2004-_
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Bell David Planning Group, Inc. in association with The
Corradino Group is hereby selected to assist in the preparation of the Evaluation and
Appraisal Report of the Comprehensive Plan in accordance with RFQ No. 04-9-15-2.
Section 2. The firm has been selected on the basis of experience and
qualifications and has not finalized a fee structure or contract with the City. Therefore,
the City Manager shall immediately negotiate the scope of services and basis of fees
with said firm.
Section 3. In the event the City is unable to come to favorable terms and fees
with the above-referenced firm, the City Manager is hereby authorized to negotiate
scope of services and fees with the alternate firm of Michele Mellgren & Associates,
Inc.
Section 4. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner
, who moved
its adoption. The motion was seconded by Commissioner
, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2004-_
Page 3
PASSED AND ADOPTED this 9th day of November, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF A VENTURA
REQUEST FOR QUALIFICATIONS
RFQ #04-9-15-2
EVALUATION AND APPRAISAL REPORT
CITY OF A VENTURA
COMPREHENSIVE PLAN
SUBMITTAL DATE: September 15, 2004
2:00 P.M.
REQUEST FOR QUALIFICATIONS
RFQ #04-9-15-2
CITY OF A VENTURA
EVALUATION AND APPRAISAL REPORT
CITY OF A VENTURA COMPREHENSIVE PLAN
The City of Aventura, Florida is seeking a qualified firm or company that has
successfully prepared Evaluation and Appraisal Reports to assist the City of A ventura in
preparation of its report due to the State of Florida Department of Community Affairs on
December 1, 2005.
The Request for Qualifications is on file at the issuing office of:
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, FL 33180
(305) 466-8925
and may be examined at the Issuing Office, without charge.
Copies of the Request for Qualifications may be obtained from
www.citvofaventura.com/departments/finance/purchasing.htm or at the Issuing Office.
Submittals must be received at the above address no later than 2:00 p.m. on September
15, 2004 and clearly marked on the outside "EVALUATION AND APPRAISAL
REPORT, CITY OF A VENTURA COMPREHENSIVE PLAN" Late submittals will
not be accepted.
Please be advised that communications are restricted pursuant to the Cone of Silence
described in the specifications.
The City of A ventura reserves the right to request clarification of information submitted
and to request additional information. The City also reserves the right to reject any and all
proposals with or without cause and to waive any o~al . egu arities wit regards to the
specifications.
.
Eric M. Soro
City Manager
2
INVITATION TO SUBMIT OUALIFICATIONS
SUBJECT:
EVALUATION AND APPRAISAL REPORT
CITY OF A VENTURA COMPREHENSIVE
PLAN
OPENING DATE & TIME:
September 15, 2004 @ 2:00 P.M.
SUBMIT TO:
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
GENERAL REOUlREMENTS
A. Proposers must be authorized to do business in the State of Florida
and must provide copies of professional licenses, all required
registration and certification in accordance with all applicable Florida
Statutes, ordinances and regulations.
B. Proposers must have been in business for a period of no less than
three years. In the event of a joint venture, at least one of the entities
must have been in business for a period of no less than three years.
C. One original and five (5) additional copies of the RFQ response must
be furnished on or before the submission deadline indicated herein.
D. Costs of preparation of a response to this RFQ are solely those of the
proposer. The City of Aventura assumes no responsibility for any such
costs incurred by the proposer.
E. Proposing team members responding to this RFQ must be present at
presentation to the Selection Committee. The Committee will conduct
no phone interviews.
F. The contents of the written proposal of the successful firm will become
part of the contractual obligations.
G. Proposers shall respond to each item in the Submission Elements
Section.
H. Proposals shall be typed or printed. All corrections made by the
proposer prior to the initial screening must be initialed and dated by the
3
proposer. No changes or corrections will be allowed after the initial
screening of proposals has commenced.
I. The City of Aventura reserves the right to accept or reject any or all
proposals, with or without cause, to waive technicalities, or to accept
the proposal which, in its sole judgment, serves the best interest of The
City of Aventura.
J. Any person submitting a proposal in response to this invitation must
execute Form PUR.7068. SWORN STATEMENT UNDER SECTION
287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES,
including proper check(s) in the space provided, and enclose said form
with the proposal (See attached for blank form).
K. The City reserves the right to issue modifications or addenda to more
fully meet the needs of the City.
L. By submitting a proposal, the proposer certifies that he has fully read
and understands the proposal method and has full knowledge of the
scope, nature, and quality of work to be performed.
M. The City reserves the right to negotiate modifications to proposals that
it deems acceptable, reject any and all proposals, and to waive minor
irregularities in the procedure.
N. All proposals submitted shall be binding for one hundred twenty (120)
calendar days following opening. Proposals should be prepared
simply and economically, providing a straightforward, concise
description of the proposer's ability to fulfill the requirements of the
proposal.
O. In accordance with Chapter 119 Florida Statutes (Public Records Law),
and except as may be provided by other applicable State and Federal
Law, all proposers should be aware that Request for Qualifications and
the responses are public record. All proposals received in response to
this Request for Qualifications will become the property of the City of
Aventura and will not be returned to the proposers. In the event of
contract award, all documentation produced as part of the contract will
become the property of the City.
CONE OF SILENCE
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
4
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, and/or any member of the City's selection or
evaluation committee.
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 re-imposed until such time as the Manager makes a subsequent
written recommendation.
The Cone of Silence shall not apply to:
(1) oral communications at pre-bid conferences;
(2) oral presentations before selection or evaluation committees;
(3) public presentations made to the City Commissioners during any duly
noticed public meeting;
(4) 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) 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;
(6) communications with the City Attorney and his or her staff;
(7) 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;
(8) any emergency procurement of goods or services pursuant to City
Code;
(9) responses to the City's request for clarification or additional
5
information;
(10) contract negotiations during any duly noticed public meeting;
(11) 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.
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 and/or City Manager.
BACKGROUND
The City of Aventura is located in northeast Miami-Dade County and is
approximately 3.2 square miles with a population of 27,500. The City adopted its
Comprehensive Plan in December of 1998.
Florida Statutes require that each local government in the State of Florida adopt
an Evaluation and Appraisal Report (EAR) once every seven years to assess
progress in implementing their comprehensive plan. According to the
established schedule, the City of Aventura is required to submit its adopted EAR
to the State by December 1, 2005.
The following scope of services details the steps by which the planning
consultant will assist the City in its development and adoption of the EAR. This
scope is based on the requirements specified in Chapter 163, Florida Statutes
and Rule Chapter 9J-5, Florida Administrative Code (FAC).
SCOPE OF SERVICES
I. Scoping and Identification of Issues
The Planning Consultant will assist the City in coordinating and facilitating:
a) a public workshop in order to provide residents and community interest
groups with an opportunity for input in developing the key planning issues
that the EAR will address.
b) a scoping meeting with City staff, State, Regional and County agencies
and adjacent municipalities to receive their input on the key issues that
have been identified and to identify any additional issues that should be
addressed.
6
c) other meetings and/or workshops as may be deemed necessary to fully
gather all input.
The Planning Consultant will present the issues identified in a report to the City's
Local Planning Agency. Once the key issues have been identified and confirmed
by the LPA, the consultant shall request a Letter of Understanding from DCA to
guide preparation of the EAR.
II. Oata Collection and Preparation and Presentation of First EAR draft
Based on the issues identified in I. above and DCA requirements, the consultant
will collect all necessary data and prepare the first draft of the EAR. This draft
will include text and graphics as appropriate, including updated maps and will:
. provide an analysis of the key issues identified for their potential impacts
. identify and summarize actions or corrective measures, including plan
amendments necessary to address the major issues identified, including,
as appropriate, population projections, revised planning timeframes,
revised future plan maps, any new or revised goals, objectives and
policies for major issues identified
. evaluate relevant changes in growth management laws (State
Comprehensive Plan, the requirements of Chapter 163, F.S., Part II, the
minimum criteria contained in Chapter 9J-5 of the Florida Administrative
Code and the South Florida Regional Planning Council Strategic Policy
Plan
. summarize the public participation program and activities undertaken
during preparation of the EAR
After the draft EAR has been completed, submitted to and reviewed by City staff,
the planning consultant will revise the draft to address City staff comments.
III. Adoption and Submittal of EAR
The Planning Consultant will present the draft EAR to the LPA and City
Commission at a public hearing and will prepare any revisions to the draft that
may result from this hearing. After the revisions have been completed, the EAR
will be transmitted to the Florida Department of Community Affairs (DCA) for
review. After comments are received from DCA, the consultant will revise the
EAR to reflect these comments. The final EAR will then be presented to City
Commission for adoption and the adopted EAR will be transmitted to DCA and
reviewing agencies. In the event that DCA finds the EAR to be insufficient, the
planning consultant will work with the City to make the changes necessary for the
City to receive a finding of sufficiency.
7
SUBMISSION ELEMENTS
A. SERVICES PROPOSED
The proposal shall clearly describe in detail the scope of services proposed,
including details of the approach and work plans. A statement shall be
included which explains why the approach and plan would be the most
effective and beneficial to The City of Aventura.
Qualifications shall include specifics of professional capabilities, adequacy of
personnel, equipment and facilities and past record of experience to provide
the services described herein. Submittals shall include the following:
. Letter of Interest, including firm name, address, phone, fax and
background of the firm and specific areas or services for which your
firm is requesting consideration.
. Specific abilities regarding the proposed services.
. List of similar services satisfactorily performed and completed within
the past three (3) years, including address, telephone number, contact
person, description of project or type of services provided and
description of the firm's involvement in the project. Particular emphasis
shall be given as to the method and manner by which the team-wide
experience and expertise in similar engagements has been
demonstrated.
. Present projects being processed by the firm and future projects under
contract by the firm (include name, type, location, owner, estimated
cost and percent completed).
. Size of workforce, location and classification of personnel available for
these services.
. Resumes and experience of management and technical staff who will
be assigned to the project.
. Any additional information to assist the City in its evaluation of each
proposal and optional additions to the Proposer's base proposal, if any.
. A time table for the completion of the services proposed including all
activities from proposal award to finding of sufficiency.
B. INSURANCE REQUIREMENTS
The successful Proposer must submit, prior to the signing of contract, a
Certificate of Insurance showing The City of Aventura as additional
insured and proof of the following insurance meeting or exceeding the
following requirements:
. Workers' Compensation Insurance - as required by law
. General Liability Insurance - minimum $500,000
. Professional Liability Insurance - minimum of $1 ,000,000
8
EVALUATION OF SUBMITTALS
1. Written submittals will be evaluated by a Selection Review Committee.
Selection shall be made in accordance with the State of Florida
Consultants Competitive Negotiations Act (CCNA).
2. The three (3) top ranked firms will be requested to make a formal
presentation before the Selection Committee. The Committee will
recommend the ranking of the firms to the City Commission. The City
Commission shall, by resolution, adopt the ranking of the firms and
authorize negotiations pursuant to CCNA.
QUESTIONS
Questions concerning this Request for Qualifications should be directed in writing
to:
Jeff Shields, Purchasing Agent
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
or
shieldsj@cityofaventura.com
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
RFQ.
CITY'S RIGHTS
The City of Aventura reserves the right to accept or reject any and/or 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. Final determination and award of proposal (s) shall be made by the
City Commission.
All materials submitted in response to the Invitation to Submit Qualifications
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 ISQ whether amended or not and selection or rejection of the
Submittal does not affect this right, pmvided 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 consultant.
9
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes-
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a Bid on a Contract to provide any
goods or services to a public entity, may not submit a Bid on a Contract with a public
entity for the construction or repair of a public building or public Work, may not submit
bids on leases of real property to a public entity, may not be awarded to perform Work as
a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount Category Two of Sec. 287.017, FS for thirty six months from the date of being
placed on the convicted vendor list".
CONFLICTS OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida
State Statutes. BIDDER's must disclose with their Bids, the name of any officer,
director, partner, associate or agent who is also an officer or employee of the City of
Aventura or it's agencies.
10
5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States
with the legal power to enter into a binding Contract and which Bids or applies to Bid on
Contracts for the provision of goods or services let by a public entity, or which otherwise
transacts or applies to transact business with a public entity. The term "persons" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of it's officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attach a copy of the final
order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE
CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT
THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN
EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
12
By:
(Printed Name)
(Title)
Sworn to and subscribed before me this
Personally known
Produced Identification
day of
,20_
Notary Public - State of
My Commission Expires
(Type ofldentification)
(Printed, typed, or stamped commission name of notary public)
13
Or
~
~
.:>
~
~
~
a
~
~
~
~
~
~
~
~
~
~
.:.l
;;a
a
a
~
~
~
;;.
~
~
~
~
~
~
~
~
~
~
.~
~
~
~
.~
~
~
~
September 13, 2004
Mr. Eric M. Soroka, City Manager
City of Aventura
Government Center
19200 West Country Club Drive
Aventura, FI33180
RE: Request for Qualifications: Evaluation and Appraisal Report
City of Aventura Comprehensive Plan
RFQ # 04-9-15-2
Dear Mr. Soroka:
Bell David Planning Group (BDPG) in association with The Corradino Group (TCG) appreciates this opportunity
to offer professional services for the Evaluation and Appraisal Report of the City of Aventura Comprehensive
Plan. As the City moves to designate a consultant firm to perform these services, it should expect nothing less
than professional excellence, experience, local community knowledge, and personal commitment to deliver
efficient high-quality services. The BDPG Team will fulfill these expectations and sincerely appreciates the
opportunity to be considered.
Bell David Planning Group (BDPG) is a highly specialized urban planning firm with relevant local experience in
the preparation of Evaluation and Appraisal Reports (Miami, Hialeah Gardens, EI Portal and Indian Creek),
intergovernmental coordination, annexation reports and comprehensive planning. The Corradino Group, which
will provide certain technical and support services, includes over 45 multi-disciplined project professionals in
Miami and over 150 professionals company-wide. Together the Team will act as an extension of the City's staff.
This Team has a strong history together and is currently working to produce Evaluation and Appraisal Reports
for the City of Miami and Village of EI Portal. We have been very successful with these projects and have the
first-hand knowledge and experience that is required to perform a Comprehensive Plan Evaluation and Appraisal
Report. Additionally, we are partnered for the City of Hialeah Gardens Land Development Regulations Code
rewrite.
Our Team understands the unique community dynamics of the City, and will bring unmatched knowledge and
experience in the preparation of Comprehensive Plan Evaluation and Appraisal Reports, as per the requirements
of Chapter 163 F.S. and 9J-5 F.A.C. Our Team also recognizes the importance of effective coordination and
efficient project management, and we will work closely with the City's Community Development Director, or
designee, to achieve the successful adoption of the EAR in the prescribed timeframe.
"""
:oW
~
;:)
~
~
~
;a
~
,;}
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~.
~
~
;a
;a
~
;=-
~
~
~
~
~
~
~
;a
~
~
~
:)
In addition, our proposal will demonstrate the following benefits that the Team will provide to the City:
Project Manager Expertise/Experience. Our Team is led by Alex David, AICP, (Vice-President BDPG),
who has held increasingly responsible positions with Miami-Dade County, Miami-Dade County Public Schools
and the University of Miami. Mr. David is responsible for managing the City of Doral annexation report process
and LDR rewrite for the City of Hialeah Gardens for the firm. He is also the lead on the Village of Indian Creek
EAR.
Experience in Preparation of Documents, Chapters 163 F.S. & 9J-5 F.A.C. Our Team is composed of
multi-disciplinary staff, including urban and transportation planners with direct experience in the preparation of
documents and plan element updates, as per state requirements. Mr. Jerry Bell, AICP, (BDPG) will coordinate
preparation of the EAR documents as the Team's Functional Manager. Mr. Bell is currently the Team Functional
Manager for the City of Miami EAR where the Team has recently been successful in obtaining the Letter of
Understanding from the Department of Community Affairs agreeing to the Team's summary of issues in the
Scope of Work. Mr. Bell has also served on the staff team that developed Miami-Dade County's 1995 EAR. He
is currently the Project Manager for the City of Hialeah Garden's 2004 EAR, co-managing with Mr. David the
Indian Creek Village's 2005 EAR, and is the team Functional Manager for the Village of EI Portal EAR. The
Department of Community Affairs recognized the City of Hialeah Gardens as the first City in the State to have
successfully completed the EAR issue scoping process, and both the City of Hialeah Gardens and Village of EI
Portal EAR's have been transmitted to the State for voluntary preliminary review. Taking advantage of this
voluntary preliminary review is an important step in attaining a Finding of Sufficiency from the Department of
Community Affairs upon EAR adoption, and will take advantage of this process if selected for the City of Aventura
EAR. The Corradino Group will provide expertise on a number of issues, including transportation planning,
concurrency and level of service analysis and public involvement.
Knowledge & Understanding of City Issues. Our Team understands some of the issues facing the City, and
has identified several potential "major issues" including: transportation; housing; and the potential for mixed-
use development. Issues as determined by the City and through the public participation process will be central
to the EAR process.
Expertise in Managing & Coordinating Public Involvement Process. Our Team's public participation
effort will be fully integrated throughout the project with a series of public meetings during the preliminary issue
scoping phase, adoption and transmittal hearings and workshops, and a continuing public outreach and
information gathering effort. Kick-off and status meetings will be coordinated with the City's Community
Development Director, or designee, and held with city staff, local elected/appointed officials and other community
leaders early in the project.
Staffing Plan. As demonstrated in other sections of this submittal, our Team has assigned highly qualified and
experienced professionals for the preparation of EAR and commits to a dedicated staff which will meet the
City's requirements in accordance with the timeframe stipulated by the Florida Department of Community Affairs
(please reference Areas of Responsibility for Key Personnel matrix on Page 16).
"'"
1;1
~
~
~
~
~
;0
~
~
~
~
~
~
;lit
~
;:t
~
;a
~
~
;,a
~
;a
;a
~
tot
;.
;lit
;lit
~
-
~
~
~
.
ta
~
;a
~
~
~
a
,
~
;a
'3
The Bell David Planning Group Team appreciates the opportunity to express our interest in this contract. As
Principal of the firm and Project Manager, I give you my personal commitment that we will go far beyond the call-
of-duty to produce an outstanding Evaluation and Appraisal Report. We are committed to serving the needs of
the City, and we look forward to working on this important contract.
Sincerely,
BELL DAVID PLANNING GROUP, INC.
Al~~P KJ. ~
Vice President
-
~
~
~
~
~
~
:a
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
a
a
~
~
~
~
~
~
~
~
~
:;;
4
~
~
~
~
!:)
~
TABLE OF CONTENTS
PAGE
EXECUTIVE SUMMARy..........................................................................................................................................1
SPECIFIC ABILITIES..... .... ...... ....... ......... ...... ......... .................. ..... ..... ...... ..... ........ ....... ...... ...... .... ....... ............... ......4
LIST OF SIMILAR SERViCES.... .............. ..... .......... ......... ........ ..... .....: ........ ......... .......... .... ....... .......... ....................6
PRESENT PROJECTS LIST. ................................. ...................... ............................ ............................................... ...13
WORKFORCE.............................................................................................................................................................15
RESUMES OF KEY PERSONNEL.........................................................................................................................17
TIMETABLE AND APPROACH TO WORK............................................................................................................28
CONCLUSiON..............................................................................................................................................................32
APPENDIX "A"......................................................................................................................................................34
SWORN STATEMENT ON PUBLIC ENTITY CRIMES
.....
~
,
,
~
~
:>
4j)
~
..
..
~
ii)
~
.
I)
.
~
it
.
~
.
.
..
.
.
.
.
a
a
~
.
>>
..
>>
-
-
-
;j)
.
>>
~
~
~
EXECUTIVE SUMMARY
Page 1
'"
I
,
I
!
I
Bell David Planning Group (BDPG), in association with The Corradino Group (TCG), is pleased to submit
this proposal to provide consulting services to the City of Aventura for completion of the City's 2005 Evaluation
and Appraisal Report (EAR).
The project tasks are outlined in the Timetable and Approach to Work Section and provide our step-by-step
approach to creating the City's EAR.
The principals of BDPG have over thirty years experience in long range and current planning. We boast a wide
range of multi-disciplinary public and private sector experience in the following areas: Evaluation and Appraisal
Reports; Comprehensive Planning; Land Use; Land Development Regulations; Annexations; Development
Application Review; Facilitation; Grantswriting; and, Special Planning Studies.
Mr. David, AICP, Vice-President, BDPG, will function as the Project Manager and brings expertise acquired
over 16 years with Miami-Dade County and Miami-Dade County Public Schools. Consulting experience includes:
Evaluation and Appraisal Reports, which are ongoing, for several municipalities in Miami-Dade County; a Building
Moratorium Study; Annexation Applications and Reports for both public and private clients; and other Planning
and Development Related Consulting Services. A benefit to the City is the Project Manager's wealth of relevant
local urban and town planning and intergovernmental coordination experience which gives the ability to navigate
through the bureaucracy of local and state agencies and obtain required data in an expeditious manner.
Mr. Jerry Bell, AICP, President, BDPG, is a highly regarded urban planner with comprehensive master planning
and land planning experience. Mr. Bell is currently the Functional Manager for the City of Miami Evaluation and
Appraisal Report of the Comprehensive Neighborhood Plan. He has participated in numerous recent public
workshops that were successful in determining the City's critical issues associated with the evaluation of the
Comprehensive Plan. He also directed multiple meetings with city staff and elected officials to conduct an in-
depth review of the Comprehensive Neighborhood Plan on an element-by-element basis. In addition he is the
Project Manager for the City of Hialeah Garden's 2004 EAR, co-Managing Indian Creek Village's 2005 EAR,
and is Functional Manager for the Village of EI Portal EAR.
The Corradino Group (TCG), formed in 1971, has been providing municipal services ever since. As a multi-
disciplinary firm, Corradino is adept at handling the myriad of issues faced by cities as they develop. Offering
the services of Architecture, Civil Engineering, Roadway Design, Traffic Engineering, Transportation Planning,
Comprehensive Planning, as well as Concurrency Analysis and Determination, the firm has worked on a great
number of similar projects.
Mr. Joseph M. Corradino, AICP, Executive Vice President, TCG, is an award winning urban planner who
has managed multiple urban development projects for such local municipalities as Miami Beach, Hialeah,
Hialeah Gardens, Coral Gables, Doral, Palmetto Bay, EI Portal and the City of Miami. He is the Chair-Elect of
the American Planning Association, Gold Coast Section Executive Board, Chair of the Village of Pinecrest
Planning Board, and a member of the Metropolitan Planning Organization Citizen's Transportation Advisory
Committee. He has distinguished himself with the depth and ability to develop and integrate quality urban
design plans with the functional, aesthetic, and economic needs of local communities. Mr. Corradino will maintain
an active "hands-on" approach for all transportation related issues.
Page 2
:n
~
~
,
~
~
~
~
~
t
~
It
~
,
~
I)
t
t
t
it
.
it
t
t
t
t
t
.
t
t
.
it
t
.
t
it
,
,
it
,
,
.
~
~
Ms. Aileen Ramirez-Boucle, AICP, Senior Planner, TCG, is currently the Project Manager for the City of
Miami EAR and the Districtwide Consultant Planning Manager for the Florida Department of Transportation
(FOOT) District VI Planning Office (managing a $1.5M five-year Multi-Modal Enhancement Program). She has
a proven track record with over ten years of experience in the compilation, analysis and presentation of planning-
related data. Ms. Boucle has managed similar scale urban planning projects for the City of Hialeah Gardens,
Miami Springs, and is on the team for the Village of EI Portal EAR Update. Her responsibilities will include
technical support and spearheading the public outreachlinvolvement program.
The Team's approach will be to work in collaboration with its customers and consulting partners with a commitment
to provide quality services under tight schedules.
As demonstrated in other sections of this report our team is highly successful in the respective functional areas.
Page 3
,
j
~
~
~
~
~
.
I
.
~
~
-
if
.
j
j
.
i
i
.
t
.
.
.
It
,
I
I
I
I
i
t
i
i
i
.
i
i
it
t
i
i
~
....
SPECIFIC ABILITIES
Page 4
w
~
::>
:>
~
~
~
it
Ii
~
~
..
~
-
~
Ii)
~
~
a
~
a
j
It
It
It
it
i
i
i
-
~
-
~
~
-
-
~
~
I
;;
-
-
~
Ability/Capability to Provide Required Services
Our Team is particularly excited by the opportunity to participate in this project and we are committed to applying
the full strength of our resources to ensure its success. After careful review of the services required for the
preparation of the City's EAR document our Team was assembled based on highly experienced and dedicated
staff experienced in:
:>> Evaluation and Appraisal Report Preparation and Adoption;
)> Comprehensive Plan Element Updates;
)> Urban Planning;
)> Land Use Planningl Land Use Policy Development;
)> Public Involvement;
)> Transportation Planning;
)> Educational Facilities Planning;
)> Transportation Engineering;
)> Level of Service Analysis;
)> Transportation Modeling/Person-Trip Methodology.
In addition to being extremely qualified, our Team members are also available to meet the production demands
of this project. Our Areas of Responsibility for Key Personnel Matrix (see page 16) clearly outlines our proposed
management plan for this project.
Page 5
~
Ii)
,
';1
~
..
~
c~
..
;}
;t
j
~
.
~
iii}
~
~
~
ij
a
~
i)
a
.
..
it
.
.
a
jjJ
~
~
a
~
a
-
.,
-
~
.,
-
~
~
4
..,
LIST OF SIMILAR SERVICES
Page 6
w
~
~
;)
~
~
Ii
~
~
j
~
~
ii
~
~
~
Ii
Ii
..
.
~
a
it
..
..
it
..
it
it
-
i
i
i
ii
Ii
if
if
if
"
if
if
if
;,
....
BELL DAVID PLANNING GROUP, INC.
COMPANY PROFILE:
In August 2000, Jerry H. Bell started Bell Planning & Consulting. In February 2003, AlexA. David joined as Vice
President, and the company was renamed Bell David Planning Group, Inc.
Mr. Bell holds a Masters of Arts in Urban in Regional Planning (1992) and a Bachelors of Arts in Geography
(1989), from the University of Florida, and has held highly responsible planning positions with the City of
Gainesville, Florida, Miami-Dade County and Bermello, Ajamil & Partners, Inc. A Miami Shores resident since
1996, he has served on the Board of Directors for several non-profit organizations.
Mr. David holds a Masters of Business Administration (1987) from Barry University and a Bachelor of Science
in Geography with an emphasis in Urban Planning from Pennsylvania State University (1982). He has held
increasingly responsible positions with Miami-Dade County, Miami-Dade County Public Schools and the
University of Miami. In addition, he serves on the Board of the Gold Coast Section of the Florida Chapter of the
American Planning Association and is a Committee member of the Miami-Dade County United Way.
With a total of over 30 years of long range and current planning experience, Bell David Planning Group boasts
a wide range of experience in the following disciplines:
:>- Municipal Evaluation and Appraisal Reports
:>- Comprehensive Planning
:>- Land Use
:>- Land Development Regulations
:>- Annexations
:>- DevelopmentApplication Review and Report Writing
>- Workshop and Meeting Facilitation
>- Conflict Resolution
:>- Environmental Planning
>- Permitting Issues
:r Community Development Block GrantApplications
:>- Community Redevelopment
:r Educational Facility Issues
:r Shoreline Development Review
:r Grantswriting
:>- Public and Private Sector Planning
:r Contract Administration
>- Urban Design
Page 7
il
~
~
.,
~
*'
~
.,
-
ill
.
.
~
-
.
.
.'
.
..
..
iJ
..
.
..
it
.
.
.,
.
.,
-
..
.-
..
-
.-
.-
..
;,
~
~
-
;,
BELL DAVID PLANNING GROUP
RELEVANT PROJECTS
Citv of Miami Evaluation and Aooraisal Reoort (EARl
Bell David Planning Group is currently under contract with the City of Miami to prepare the 2004 Comprehensive
Plan Evaluation and Appraisal Report'. Key components of this project include identifying the extent to which
the level of service standards outlined in the Comprehensive Plan are being met, analyzing and evaluating the
City's ability to fund new or expanded infrastructure necessary to correct deficiencies, and developing strategies
to provide for future growth at acceptable levels of service.
Duration -
Reference -
March 2004 - March 2005
Kevin S. Provance, Land Development Planner
City of Miami
Department of Planning & Zoning
444 SW 2nd Avenue 3rd Floor, Miami, FL 33130
(305) 416-1423
, In partnership with The Corradino Group
Citv of Hialeah Gardens Evaluation and Aooraisal Reoort (EARl
Bell David Planning Group is currently under contract with the City of Hialeah Gardens to prepare the 2004
Comprehensive Plan Evaluation and Appraisal Report. Key components of this project include identifying the
extent to which the level of service standards outlined in the Comprehensive Plan are being met, analyzing and
evaluating the City's ability to fund new or expanded infrastructure necessary to correct deficiencies, and
developing strategies to provide for future growth at acceptable levels of service.
Duration -
Reference -
November 2003 - November 2004
Mirtha Gonzalez, Chief Zoning Official
City of Hialeah Gardens
10001 NW 87 Avenue, Hialeah Gardens, FL 33016
(305) 558-4114
Villace of EI Portal Evaluation and Aooraisal Reoort (EARl
Bell David Planning Group is currently under contract with the Village of EI Portal to prepare the 2004
Comprehensive Plan Evaluation and Appraisal Report'. Key components of this project include identifying the
extent to which the level of service standards outlined in the Comprehensive Plan are being met, analyzing and
evaluating the City's ability to fund new or expanded infrastructure necessary to correct deficiencies, and
developing strategies to provide for future growth at acceptable levels of service.
Duration -
Reference -
"'"
November 2003 - November 2004
Steve Alexander, Village Manager
Village of EI Portal
500 N.E. 87th Street, EI Portal, FL 33138
(305) 795-7880
Page 8
~
:i
~
~
~
-
it
it
-
i)
-
.
II
~
.
-
..
.
.
.
..
..
.
..
..
it
.
.,
..
.,
..
i
i
i
~
-
ii
~
. In partnership with The Corradino Group
Indian Creek Villaae Evaluation and Accraisal Recort (EARl
Bell David Planning Group is currently under contract with Indian Creek Village to prepare the 2005
Comprehensive Plan Evaluation and Appraisal Report. Key components of this project include identifying the
extent to which the level of service standards outlined in the Comprehensive Plan are being met, analyzing and
evaluating the City's ability to fund new or expanded infrastructure necessary to correct deficiencies, and
developing strategies to improve upon the quality of life.
Duration -
Reference -
June 2004 - January 2005
C. Samuel Kissinger, Village Manager
Indian Creek Village
9080 Bay Drive, Indian Creek Village, FL 33154
(305) 865-4121
Miami-Dade Countv Evaluation and Accraisal Recort (EARl
As a Senior Planner with Miami-Dade County, in 1995 Bell David Planning Group Principal Jerry Bell served on
the staff team that developed the County's 1995 Evaluation and Appraisal Report. Miami-Dade County's 1995
EAR was the first EAR in the State of Florida. Mr. Bell's involvement included serving as Element Coordinator
for the Recreation and Open Space Element EAR, assisting in the development of the Evaluation and Appraisal
Report for other elements, assisting in the preparation of the County's EAR-based amendments, and providing
staff support during all public workshops and hearings.
Duration -
Reference -
1995 -1996
Mark Woerner, Metropolitan Planning Chief
Miami-Dade County Department of Planning & Zoning 111 NW 1 st Street,
Suite 1220, Miami, FL 33128
(305) 375-2835
Citv of Doral Annexation Recorts
Bell David Planning Group is currently under contract with the City of Doral to prepare two Annexation Reports
for the proposed annexation of a total of seven square miles. Key components of this project include identifying
the characteristics of the annexation area, analyzing and evaluating the costs to the City and the City's ability to
fund new or expanded infrastructure necessary to maintain existing levels of service and to provide for future
growth.
Duration -
Reference -
~
-
ii
"
~
;,
..,
June 2004- Ongoing
Yocelyn Galiano Gomez, City Manager
City of Doral
4055 NW 97th Avenue, Doral, FL 33178
(305) 593-6725
Page 9
lil
;)
i1
-
.
i}
.
..
.
.
.
.
..
-
..
it
if
.
i
.
it
it
it
it
it
it
it
..
j
i
Ii
j
~
i
i
.,
.,
.,
.,
i
~
~
;,
Miami-Dade Countv Aariculture and Rural Area Studv
Bell David Planning Group Principal Jerry Bell serves as Miami-Dade County's Project Manager for the Agriculture
and Rural Area Study, a comprehensive $1 ,000,000 study to evaluate the long term economic outlook of Miami-
Dade County's agriculture industry, and recommend uses for lands
which may no longer be needed for agriculture. This Study is the result of a recommendation made in Miami-
Dade County's 1995 Evaluation and Appraisal Report, and related Comprehensive Development Master Plan
(CDMP) amendments. The Study recommendations call for CDMP amendments as well.
Duration -
Reference -
May 2001 - present
Mark Woerner, Metropolitan Planning Chief
Miami-Dade County Department of Planning & Zoning 111 NW 1 st Street,
Suite 1220, Miami, FL 33128
(305) 375-2835
Citv of Homestead. Florida Moratorium Studv
In 2002, the City of Homestead, facing a wave of residential development that threatened to overwhelm public
services and negatively impact quality of life, enacted a nine month building moratorium on the issuance of
development orders that would result in a gross residential density of over six units per acre. Bell David Planning
Group conducted this planning study to address the major issues and impacts that led the City to enact the
moratorium, and to develop recommendations to address these impacts. As a result of the Study, the City
adopted urban design guidelines, revised its land development regulations, and is amending its Comprehensive
Plan.
Duration -
Reference -
December 2002 - April 2003
Charles LaPradd, Development Services Department
City of Homestead
790 N. Homestead Blvd., Homestead, FL 33030
(305) 224-4512
Citv of Homestead General Plannina Services
Bell David Planning Group serves as the City's general planning consultant. Duties are: the review of development
applications, including comprehensive plan amendments; public service and economic impact analyses, and;
the provision of comments to the Development Review Committee and recommendations to the Planning &
Zoning Board and City Council. And, other special projects as may be directed by the City.
Duration -
Reference -
...
December 2002 - present
Charles LaPradd, Development Services Department
City of Homestead
790 N. Homestead Blvd., Homestead, FL 33030
(305) 224-4512
Page 10
liI
~
.~
~
~
~
.
.
.
.
.
..
-
-
.
-
-
.
-
-
-
~
-
a
~
a
~
a
;t
-
~
~
;j
-
-
-
-
-
-
~
.
.
4
""
In addition to these projects, Bell David Planning Group has conducted a variety of other plans and studies for
public and private sector clients, including but not limited to:
The Village of EI Portal Roofing Study - A visual survey of roofs in the Village, a cost benefit analysis of
roofing types, a survey of Village residents, and the identification of potential funding sources to assist residents
in making roof improvements.
Southeast Overtown/Parkwest Community Redevelopment Plan - As a subconsultant to Dover-Kohl &
Partners, Bell David Planning Group worked on the updated community redevelopment plan for the Southeast
Overtown/Parkwest CRA. Components of the projects included needs assessment, visioning, and the
prioritization of redevelopment projects at the neighborhood level.
City Of Hialeah Gardens CDSG Program Consultant - Since 2000, Bell David Planning Group have served
as the City of Hialeah Gardens' CDBG Program Consultant, which entails the preparation offunding applications,
ongoing coordination with Miami-Dade County's Office of Community and Economic Development, and
performing reporting requirements.
South Miami-Dade Vision Council- Bell David Planning Group assisted the South Miami-Dade Vision Council
with the Homestead Air Reserve Base Encroachment Study.
Private Sector Clients - Private sector clients include Tri-County Engineering, Dolphin Amusements, CB
Richard Ellis, Andrew Dickman, Esq., Health Services Management, Inc. (grantswriting services) and Blue
Horizon Lodge.
Page 11
&Y
~
.,
-
~
~
.
..
.
..
.
Ii
..
.
.
it
Ii
-
.
..
..
..
..
~
~
a
it
..
it
..
.
it
..
..
..
..
~
.
.
4
-
;,
~
....
THE CORRADINO GROUP
The Corradino Group was established in 1971, and has been providing municipal services ever since. As a
multi-disciplinary firm, Corradino is adept at handling the myriad of issues faced by cities as they develop.
Offering the service of Architecture, Civil Engineering, Roadway Design, Traffic Engineering, Transportation
Planning, Comprehensive Planning, as well as Concurrency Analysis and Determination, the firm has worked
on a great variety of similar projects.
Corradino has gained a reputation as a "Can-Do" firm from its early work in the development of the Metro Rail,
and other large scale transit systems across the nation. As the program manager for the Louisville Airport
Improvement Program, Corradino led the largest economic development project in the history of the State of
Kentucky. Working with the Florida Department ofTransportation, Corradino has provided the planning and
engineering designs for many of the important roadway and transit project in the County. The US-1 Bus lanes
are an example.
From a municipal perspective, Corradino is the Municipal Engineer and Planner for the City of Hialeah. In this
capacity, the firm has developed and implemented plans for drainage infrastructure enhancements, transportation
improvements and streetscape throughout the City, with over 100 successful efforts. The firm has also developed
an Automated Concurrency Management System in use in Hialeah, Miami Beach, and Coral Gables), the first
and only of its kind in the state, which allows the City to track development in real time, vastly increasing the
efficiency by which the development process occurs.
For Miami Beach, Corradino has designed and managed to construction three municipal parks. In addition the
firm has developed the planning phases of streetscape and infrastructure improvements for both the North
Shore and Biscayne Point neighborhoods. The Miami Beach Municipal Mobility Plan was produced by Corradino.
This was a comprehensive set oftransportation, community oriented, and quality of life projects, that led to the
voter approved $57 million General Obligation Bond issue in the late 1990's. In addition the firm also has
created the States only Transportation Concurrency Management Areas, which have kept Miami Beach out of a
development moratorium.
The Corradino Group has established a highly regarded reputation in the interfacing with state and local agencies
on behalf of municipalities has become a firm specialty. Over the years Corradino has noticed a tendency of
municipalities to approach their interactions with state and local agencies in an adversarial manner. Corradino
understands the workings of these agencies, and has been extremely successful in building partnerships and
getting projects implemented and approved in a timely manner. It is this experience, built over time that has
made our firm successful.
Page 12
!Ii
~
-
~
.
i
liB
.
it
.
it
..
..
~
it
it
it
it
it
~
it
it
.
..
it
it
..
it
it
a
~
..
a
..
a
.
.
~
.
II
a
a
a
PRESENT PROJECTS LIST
Page 13
...
i)l
;i
-
d
1#
-
.
i
.
I)
I)
I)
iI
f)
.
it
.
if
.
..
~
~
~
~
~
~
~
it
it
..
..
it
..
it
..
Ie
i)
Ie
it
.
i
..
:;;.
PRESENT PROJECTS WITH REFERENCE CONTACT INFORMATION
Firm Name/Address Date of Description Percent Project
Job Complete Cost
City of Miami 2004 2005 EAR 40% $150,000
Dept. Planning and On-going
Zoning Contract
444 SW 2nd Avenue
2nd Floor
Miami, FL 33129
Reference:
Mr. Kevin Provance
(305) 416-1423
City of Hialeah 2004 2004 EAR 90% $30,000
Gardens On-going
10001 NW 87 Avenue Contract
Hialeah Gardens,
Florida 33016
Reference:
Mirtha Gonzalez
(305) 558-4114
Indian Creek Village 2004 2005 EAR 20% $9,000
9080 Bay Drive On-going
Indian Creek Village, Contract
Florida 33154
Referen ce:
C. Samuel Kissinger
(305) 865-4121
Village of EI Portal 2004 2004 EAR 90% $13,000
500 NE 87 Street On-going
EI Portal, Florida 33138 Contract
Reference:
Steven Alexander
(305) 795-7880
City of Miami 2004 Transportation 60% $97,000
Dept. of Transportation On-going Element Update
Reference: Contract
Ms. Lilia Medina
(305) 416-1080
FOOT, District VI 2003 Multi-Modal 25% $1.5 M
1000 NW 111 th Avenue On-going Transportation
Miami, FL 33172 Contract Enhancements
Reference:
Suzie Ladouceur
(305) 470-5886
Page 14
...
~
~
~
d
~
~
.
.
.
.
it
.
.
.
..
a
~
..
Ii
.
Ii
.
.
.
.
.
a
a
a
a
;,
a
-
a
-
.
-
.
.
~
;J
a
~
WORKFORCE
Page 15
....
l))
;j
d
d
U
~
.
.
..
it
..
.
it
it
~
it
i
i
i
it
..
it
it
it
it
I
it
it
it
ii
if
~
..
..
i
j
ii
i
i
a
~
i
;a
(a) Consultant
Bell David Planning Group
1019 NE 1 04th Street
Miami Shores, FL 33138
(786) 514-0121
(b) Subconsultant
The Corradino Group
4050 NW 97th Avenue
Doral, FL33178
(305) 594-0735
Areas of Responsibility for Key Personnel'
Task
Key Personnel
Project Manager X
Functional Manager X
Assessment of Major Issues and Public X X X X
Involvement
Interagency Scoping Meeting X X X
Review and Evaluation of the 1998 Plan X X
Development and Preparation of Draft EAR X X X
Public Hearing on Proposed EAR X X X
Transmittal of Draft EAR to DCA X X
Response to Objections, Recommendations X X
and Comments
Revised Proposed EAR X X
Public Hearing to Adopt Proposed EAR X X X X
Transmittal of Proposed EAR to DCA X X
. Key Personnel:
Alex David (BDPG) -AD
Jerry Bell (BDPG) - JB
Joe Corradino (TCG) - JC
Aileen Boucle (TCG) - AB
Page 16
~
~
~
--
~
~
.
.
.
it
it
.
..
.
Ii
it
..
..
..
..
..
it
i)
a
it
i)
~
a
a
a
a
;;
a
~
..
.
.,
-
.,
.
a
~
a
~
RESUMES OF KEY PERSONNEL
Page 17
~
tY
:)
;t
~
-
~
~
..
.
.
..
.
a
.
..
.
-
.-
..
.
~
a
..
a
a
a
..
a
a
.
.
a
..
..
-
.,
~
~
~
;I
~
~
~
~
JERRY HAMILTON BELL, AICP
BELL DAVID PLANNING GROUP, INC.
1019 NE 104th Street
MIAMI SHORES, FLORIDA 33138
(305) 215-6302, bellplanning@aol.com
PROFESSIONAL:
President. Bell David Plannina Grouo - Auaust 2000 - oresent.
Co-Owner and president of an independent planning consulting firm. Projects include: Evaluation and Appraisal
Reports for the City of Miami, the City of Hialeah Gardens, Indian Creek Village and the Village of EI Portal;
serving as the City of Hialeah Gardens' CDBG Program Consultant; the Miami-Dade County Agriculture and
Rural Area Study (County Project Manager); the City of Homestead Moratorium Study; general planning services
for the City of Homestead; various projects for the City of Homestead Community RedevelopmentAgency; the
Village of EI Portal Roofing Study; the provision of grantswriting and research services for numerous organizations;
the provision of writing and research services to CB Richard Ellis, Inc.; the Southeast Overtown/Parkwest
Community RedevelopmentArea Plan (subconsultant to Dover, Kohl & Partners); the development of a marketing
brochure for the Greater Miami Convention and Visitor's Bureau; and the provision of planning services as a
subconsultant to such firms as The Corradino Group, Creative Land Development Services, Bermello, Ajamil &
Partners and LambertAdvisory.
Strateaic Planner/Proiect Manaaer. Bermello. Aiamil & Partners - October 1999 - Auaust 2000.
A high level planning and management position in a large multidisciplinary consulting firm. Projects and
responsibilities include but are not limited to: coordination of City of Miami Major Use Special Permit applications;
development of the Port of Key West 2000 Master Development Plan; development of the Roles and
Requirements section of the Idaho Statewide Aviation System Plan; participation in the development of Bermuda's
West End Master Development Plan; participation in the development of the City of Hollywood, Florida's Citywide
Master Plan; due diligence reports, and; proposal preparation.
Princioal Planner. Miami-Dade Countv Deoartment of Plannina & Zonina - October 1996 - October
1999.
A high level planning position entailing a number of responsibilities, including but not limited to: serving as
Project Manager for two major planning efforts, the Agriculture and Rural Area Study and the South Biscayne
Bay Watershed Management Plan; serving as Coordinator for the Biscayne National Park Buffer Working
Group, Biscayne National Park Buffer Development Review Committee, and Agricultural Practices Study Advisory
Board; conducting vulnerability analyses for the County's Environmentally Endangered Lands Program;
participation in the development, amendment and implementation of the County's
Comprehensive Development Master Plan; and serving as the Department's point person on environmental,
agricultural, park, and public school issues.
Page 18
~
~
~
~
-
~
-
.
~
~
-
-
-
~
~
-
-
~
-
.
.
.
a
~
a
a
a
a
.
.~
;,
a
~
~
~
~.
~
~
~.
~
~
~
~
Senior Planner. Miami-Dade Countv Deoartment of Plannina & Zonina - Julv 1994 - October 1996.
A professional planning position directly involved in the development, amendment, and implementation of the
County's Comprehensive Development Master Plan (CDMP), with a focus on urban service and public school
issues. Specific responsibilities included but were not limited to: assisting in the preparation of the 1995
Evaluation and Appraisal Report; coordination of the CDMP's Recreation and Open Space Element;
development of the CDMP's Educational Element, one of the first in the State of Florida; serving as Coordinator
of the Joint School BoardlBoard of County Commissioners School Overcrowding Working Group; and analyzing
the impact of proposed development on public schools, parks, and fire-rescue response times.
Planner. Citv of Gainesville Deoartment of Block Grant Develooment & Review. March 1992 - Julv
1994.
A professional planning position involved in the implementation of the City's Community Development Block
Grant (CDBG), HOME and State Housing Initiatives Partnership (SHIP) programs, including but not limited to:
environmental assessments; the preparation of the Comprehensive Housing Affordability Strategy (CHAS) and
other required local plans; regulatory compliance and compliance monitoring; the provision of technical and
grantswriting assistance to local non-profit agencies; and; grantswriting and the investigation of new funding
opportunities. Assisted in the development and implementation of the SHIP Partnership, a public-private
partnership to provide homeownership opportunities to low income households, and the City's Target Area
Revitalization Program.
HUD Work Studv Intern. Citv of Gainesville. Deoartment of Slock Grant Manaaement & Review.
Seotember 1990 - March 1992.
Duties included monitoring reports, program eligibility determinations, and environmental reviews.
EDUCATION:
Masters of Arts (M.A.) in Urban and Regional Planning, University of Florida, December 1992.
Bachelors of Arts (BA) in Geography, University of Florida, December 1989.
ORGANIZATIONS and ACTIVITIES (Professional and Academic):
,.. American Institute of Certified Planners (AICP) - Certificate Number 013685
,.. Independent Feature Project/Miami, Board Member and Chair
,.. Independent Feature Project/National, Board Member
,.. The Acting Studio Stage Company, Board Member
,.. Technical Specialist, South Florida Ecosystem Restoration Working Group's Social Science Symposium,
February 1998
,.. American Planning Association, San Felasco Section (Treasurer, 1993-1994)
,.. Alachua County Homeless Coalition (Chair, 1993-1994)
,.. Gamma Theta Upsilon, Geographic Honor Society
~ UF Coordinator of Events, Geographic Awareness Week
,.. UF Habitat for Humanity (Vice President, Fall 1990)
,.. Architecture College Council
,.. LambdaAlpha Delta, Freshman Honor Society
,.. Alachua County United Way Allocations Committee, 1992 and 1993 campaigns.
,.. Pro-Bono Consultant, Hawthorne Area Revitalization Campaign
Page 19
...-,
~;
~
~)
d
~
~I
.
..
-
.
.
..
.,
.
.
.
-
-
.
.
.
.
~
~
a
a
a
a
a
.
~
a
.
.
~
~.
~
~
.
.
a
~
~
)> Student Planning Association (Community Outreach Coordinator, 1992-1993)
HONORS:
First recipient of the annual Ulla B. Rydberg Student Award, for Outstanding Commitment to Social Justice
Issues in Planning, April 1992.
Recipient of Architecture College Council Student Service Award, April 1992.
Recipient of 1992 and 1993 Departmental Employee of the Year awards, Department of Block Grant
Management & Review.
References and Portfolio of Work available upon request.
Page 20
....,
t.\l
:')
~.
~
-
~
a
~
Ct
it
.
it
-
it
.
~
~
it
a
..
..
..
~
a
a
a
a
a
-
.
.,
a
.
~
.,
.
~
~.
~)
"'"
~J
a
aJ
~.
ALEX A. DAVID, AICP
Bell David Planning Group, Inc.
1019 NE 104 Street
Miami Shores, FL 33138
(786) 514-0121 (C)
(305) 751-5802 (F)
bellplanning@aol.com
PROFESSIONAL:
Summary: Experienced in a variety of areas including: current and comprehensive planning issues; facilitating
committee and governmental approvals for both small and large, complex development projects and educational
facilities; and, anticipating and resolving problems and delays.
EDUCATION:
Master of Business Administration, May 1987
Barry University, Miami Shores, FL
Bachelor of Science in Geography (Urban Planning), May 1982
Pennsylvania State University, State College, PA
EXPERIENCE:
BELL DAVID PLANNING GROUP
Vice-President (February, 2003 - Present)
BDPG is currently developing the Evaluation and Appraisal Reports (EAR) for the Cities of Miami and Hialeah
Gardens, Indian Creek Village and the Village of EI Portal and revising the Land Development Regulations for
the City of Hialeah Gardens.
BDPG has assisted the City of Homestead in various planning capacities such as review of large-scale
development projects and site plans, rezoning applications, Special Use Permit applications and, traffic studies.
Presented reports to Planning and Zoning Board and City Council. Aided in the completion of The City of
Homestead Building Moratorium Study and prepared School Impact Analyses for development applications.
Authored the Planned Unit Development Application Report for a project in Florida City and has completed
Annexation Report documents for both public (City of Doral) and private sector clients. Additionally, a roofing
study was completed for the Village of EI Portal. This included visual surveys, cost benefit analysis and resident
survey components.
UNIVERSITY OF MIAMI
Facilities Planning and Construction
Associate University Campus Planner (September, 2002 - February, 2003)
Page 21
-.
~
~
~
d
~
a
~
.
d
-
~
ii
Ii
-
-
.
.
..
6+
.
.
.
~
a
a
~
~
.
-)
~i
~:
fI
~.
.
;j.
~
;,..
;,
~.
~
~i
~
~
Completed complex assignments such as developing the University's on- and off-campus housing strategy,
assisting in public presentations, working closely with various University departments on planning related matters,
co-authoring the Coral Gables/University of Miami Departmental Resource Directory. Also, was University liaison
to Society of College and University Planners and developed a design review process for Art in Public Places.
MIAMI-DADE COUNTY PUBLIC SCHOOLS
Governmental Affairs and Land Use Policy and Acquisition
Supervisor, Governmental Affairs and Land Use Policy (January, 1999 - September, 2002)
Liaison to federal, state and federal government agencies and the development community. Negotiated the
equitable and expeditious mitigation of off-site impacts attributed to the development/expansion of public
educational facilities. Reviewed comprehensive development master plans and land use regulations as they
pertained to potential impacts to the School District. Facilitator - Superintendent's School Overcrowding Task
Force. Alternate - Miami-Dade County Enhanced Affordable Housing Work Group. School District Representative
appointed to Metropolitan Planning Organization (MPO) subcommittees and, aide to School Board Chair, as
member of MPO. School District Representative - City of Miami Large Scale Development Committee.
MIAMI-DADE COUNTY, FLORIDA
Office of the County Manager and Department of Planning and Zoning
Concurrency/Shoreline/Educational Facilities Coordinator (December, 1989 - December, 1999)
Assisted in establishing, refining and implementing the Miami-Dade County Service Concurrency Management
Program as required by Chapter 163, Florida Statutes (Local Government Comprehensive Planning and Land
Development Regulation Act). Established the Concurrency Information Center. Coordinated both the Miami-
Dade County Biscayne Bay Shoreline Development Review and Miami-Dade County Educational Facilities
Review Processes.
Other tasks included participating in the Florida International University Master Plan review, Miami-Dade County
School BoardlBoard of County Commissioners School Overcrowding Working Group, M-DCPS Staff RFP
Selection committee, Governmental Facilities review process, Administrative Site Plan Review process and,
U.S. Information Agency International Visitor Program.
Building and Zoning Department
Zoning Division
Shoreline Coordinator/Zoning Evaluator (December, 1988 - November, 1989)
Shoreline Coordinator function same as above. Additional responsibilities included inspecting Administrative
Variance application sites, writing associated recommendations and monitoring Annual Status Reports for all
Developments of Regional Impact.
Planning Department
Metropolitan Division
Planning Technician (November, 1985 - December, 1988)
Page 22
.-
~
~
~
~
~
-
-
~
-
C1
.,
.,
...
-
.,
~
-
-
~
.
..
~
al
a
a
;Ii
~
a
~i
;p.
~..
~
~
~!
.,.
~
~
~
~
~
~.
~
~
Assisted senior staff in the update of the Miami-Dade County Comprehensive Development Master Plan.
PROFESSIONAL AND PERSONAL ASSOCIATIONS:
American Institute of Certified Planners (Certification No. 015953)
American Planning Association (Member No. 116051 )
Board Member, Gold Coast Section, Florida Chapter of APA
Member, United Way of Miami-Dade County Campaign Kickoff Committee
Ex-Director, Belle Plaza Condominium Association
Page 23
...,
l\)
~
~,
;d
~
~
it}
.I
..
~
~
.,
~
.
-
~.
-
-
.,.
if,
~)
.,!
."
~
~
~,
~)
;,;
.,
~
i1
~.
i1
~..
;;
~
;;
~
",..."
.-
~
~
~
:;!
-,
THE CORRADINO GROUP
JOSEPH M. CORRADINO, AICP
Executive Vice President - Urban Planning
EDUCATION
MA, Community Planning, University of Cincinnati, 1992
BA, Geography, Villanova University, 1990
PROFESSIONAL REGISTRATIONS AND AFFILIATIONS
American Institute of Certified Planners # 012032
Chair Village of Pinecrest, FL Planning Board
Chair Elect-American Planning Association; Gold Coast Section Executive Board
Miami-Dade MPO, Citizens Transportation Advisory Committee, (CTAC)
EXPERIENCE
Mr. Corradino is head of the Corradino's planning operations in South Florida. In addition to administrative
responsibilities, Mr. Corradino manages several projects including strategic planning efforts; public involvement
process, charrettes and workshops; transportation, traffic and transit studies; as well as comprehensive plans
and mobility studies.
1995-Present The Corradino Group, Miami, Vice President- Planning
1992-1995 Chance ManagementAdvisors, Philadelphia, Community Planner
1990-1992 University of Cincinnati, Cincinnati, Research Assistant
1986-1992 The Corradino Group, Louisville, Intern
HONORS IAWARDS
American Planning Association Award for Excellence: Miami Beach Municipal Mobility Study
American Planning Association Award for Excellence: Clearwater "One City, One Future" Strategic Plan
American Planning Association Award for Outstanding Achievement Alton Road Traffic Calming
American Planning Association Award for Outstanding AchievementTransportation Concurrency Management
Areas
RELEVANT EXPERIENCE
Urban Planning
~ South Miami CRA Housing and Urban Design, South Miami, FL
~ Intermodal Feasibility Study, Miami Beach, FL
~ South Beach Strategic Planning Workshop, Miami Beach, FL
~ San Castle Neighborhood Streetscape Design, Palm Beach County, FL
~ Consolidated Plan for HUD Community Development Block Grant Funding, Plantation, FL
~ State Road 7 Master Plan and Design Guidelines, Plantation, FL
~ State Road 7 Implementation Plan, Plantation, FL
~ Pinecrest Comprehensive Plan, Pinecrest, FL
~ Islamorada Comprehensive Plan, Islamorada , FL
Page 24
(\j
d
~
d
'd
~
.
.
-
.,
-
.,
--
&1
~
-
~
-
-
-
".
~,
iJ
"
~.
fP'
~
fij.
~
fI
f1
fI
fI
f1
fI
~
~
;;
~
~
~
~
~
'"'l
~ Clearwater Strategic Plan, Clearwater, FL
~ North Greenwood Neighborhoods Plan, Clearwater, FL
~ Transportation and Land Use Corridor Study, N. Miami Beach, FL
Transportation Planning
~ Hialeah Transportation Concurrency ManagementAreas
~ Miami-Miami Beach Corridor Study, (Baylink)
~ Alton Road Traffic Calming, Miami Beach, FL
~ Homestead Mobility Plan, Homestead, FL
~ Miami Beach Municipal Mobility Plan, Miami Beach, FL
~ Miami Beach Municipal Implementation Plan, Miami Beach, FL
~ Miami Beach Concurrency Management System, Miami Beach, FL
~ Hialeah Concurrency Management System, Hialeah, FL
Transit Planning
~ Miami Beach Intermodal Feasibility Study
~ Electrowave Long-Range Plan, Miami Beach, FL
~ Woodward Avenue Corridor Study, Detroit, MI
~ Charlottesville Transit Needs Assessment, Charlottesville, VA
Page 25
lS)
~
8
~
~.
8
.
.
".
it
.,
..,
.
~
.,.
"
~
it
it
it
.
i);
.
ii
~
ii.
it
it
..
-
-
.,
if
..
\j
~
~
ij
~
Ii
tj
~
;a
THE CORRADINO GROUP
AILEEN I. BOUCLE, AICP
Transportation Planner/Project Manager
EDUCATION
MS, Environmental and Urban Systems Planning, Florida International University, 1998
BBA, BusinessAdministration, Florida International University, 1990
PROFESSIONAL REGISTRATIONS AND AFFILIATIONS
American Institute of Certified Planners # 016242
Member, American Planning Association (APA)
Member, Florida Chapter APA Gold Coast Section
Member, International Right-of-Way Association
PROFESSIONAL TRAINING
1994-1996, FDOT District VI Right-of-Way Administration Training Program. This was a 24-month comprehensive
training program, rotating among the various sections of FDOT, emphasizing Right-of-Way Administration,
including Appraisal/Appraisal Review, Acquisition, Relocation and Property Management.
EXPERIENCE
Ms. Boucle is a Transportation Planner/Project Manager for Corradino's planning group in South Florida. Ms.
Boucle is experienced in the areas of municipal annexations, urban and transportation planning, corridor analysis,
bicyclelpedestrian planning, school traffic and facility programming, Right-of-Way cost estimating and planning
analysis. Prior to joining The Corradino Group, Ms. Boucle was employed with the Miami-Dade County School
Board, the Florida Department ofTransportation District VI Office, and the Dun & Bradstreet Corporation.
RELEVANT EXPERIENCE
Urban Planning
;.. City of Miami Evaluation & Appraisal of the Comprehensive Master Plan, Project Manager
;.. City of Miami Springs Annexation Report, Project Planner
;.. City of Hialeah Gardens Annexation Report Update, Project Planner
;.. City of Hialeah Annexation Report Update, Project Planner
;.. U.S 1 South Corridor Scenic Highway Designation, FDOT 0-6 Project Manager
;.. Metropolitan Planning Organization (MPO), School Board Liaison
Transportation Planning
;.. City of Miami Transportation Element Update, Corradino Project Manager
;.. Coral Gables Senior High School Traffic Study, Corradino Project Manager
;.. US-1 South Keys Turn Lane Corridor Study, FOOT D-6 Project Manager
;.. School Traffic Mitigation Planning, School Board Project Manager
;.. School Zone Traffic Control Device Priority Needs Assessment, School Board Project Manager
Page 26
~
~
d
d
-
~
-
~
a
~
~
~
~
<1
~
~
~
~
-
~
~
-
a
..
a
a
a
a.
-
~
-
a
.,
.,
~
~
~
~
~
~
~
~
~
~ MPO School Congestion Management Study, School Board Project Manager
~ Student Pedestrian High-Crash Location Mapping, School Board Project Manager
~ Walk Our Children to School Oay, School Board Liaison
~ MPO School Safety Transportation Committee Member, School Board Liaison
Right-of-Way Projects
~ Planning Analysis for various FOOT Parcels Biscayne Blvd Project, Principal Planner
~ Planning Analysis for School Board Transportation Facility Acquisition, Principal Planner
~ Red Road/NW 57 Avenue, Planning/Right-of-Way Cost Estimate, FOOT 0-6 Project Manager
~ Miami Intermodal Center, Right-of-Way Cost Estimate, FOOT 0-6 Project Manager
~ East/West Corridor Right-of-Way Cost Estimate, FOOT 0-6 Project Manager
~ Biscayne Boulevard, Segment VII Right-of-Way Cost Estimate, FOOT 0-6 Project Manager
~ NW 25 Street, Right-of-Way Cost Estimate, FOOT 0-6 Project Manager
~ Okeechobee Road, Right-of-Way Cost Estimate, FOOT 0-6 Project Manager
Transit Planning
~ Assisted with Major Update of the Broward County Transit Oevelopment Plan, Project Planner
Page 27
.-,
t9
~
~
~
~
il
"
<<l
~
~
~
~
~
~
i)
i'
i)
~
il
~
~
..
~
~
..
it
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
;0
TIMETABLE AND APPROACH TO WORK
Page 28
'"\.
~
a
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
il
~
~
..
li}
~
~
~
~
~
i'
~
~
~
~
~
d
-.:::.~,
~
~
~
J\
~
;3
-",
The required submittal date for the City's Evaluation and Appraisal Report (EAR), as stipulated by the Florida
Department of Community Affairs, is December 1,2005. Our Team is currently involved in the preparation of
successful EAR documents for several other municipalities in Miami-Dade County. We have first-hand knowledge
and a clear understanding of each of the tasks required to achieve successful adoption of the EAR.
Outlined below is our team approach for the collection, compilation, and analysis of data necessary to evaluate
the 1998 City of Aventura Comprehensive Plan, and prepare and adopt the 2005 Evaluation and Appraisal
Report.
PREPARATION AND ADOPTION OF EAR
TASK 1- ASSESSMENT OF MAJOR ISSUES AND PUBLIC INVOLVEMENT
In order to ensure that the City of Aventura meets the required DCA submittal date of December 1, 2005, BDPG
proposes to begin the initial issue identificationlpublic involvement process during the November/December
2004 period. All efforts associated with this task will be performed in support of the identification of critical and
major issues facing the City. These issues may range anywhere from Quality-of-Life, including urban services,
congestion and parks; to development/redevelopment and community revitalization; environmental issues; and
housing.
The BDPG Team will immediately meet with key City staff and officials to gather input on major issues affecting
the City. In addition, our team will conduct at a minimum one public workshop. Other coordination efforts will
include meetings with elected officials, appointed officials, City staff, and other government agencies.
The purpose of the public workshops will be to discuss and receive public input on the key local planning issues
that will be addressed in the EAR. After the public workshops have been held, the Team will conduct an
interagency scoping meeting with adjacent local jurisdictions and State, regional and County agencies to receive
their input on the key issues that have been identified. and to identify additional issues that should be addressed.
In addition, this meeting will serve as an opportunity to identify and collect the data that needs to be received
from these agencies in order to conduct the EAR.
Throughout the EAR process, the Team may coordinate with the following:
~ City Commission
~ Local Planning Agency
~ Planning & Zoning Boards
~ City Staff
~ School Board
:>> Chamber of Commerce
~ Homeowners' Associations
., Builders' Associations
~ Civic Groups
:.. Representatives of Adjacent Local Governments
., Additional Agencies as Requested by City Staff
,
Page 29
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
i)
i}
i}
~
~
~.
d
i:1.
~,
~.
~,
i.'.
i3
iJ
iJ
~
a
"'-
~.
~
d
A
TASK 2- INTERAGENCY SCOPING MEETING
The Team considers interagency coordination as a critical component to the success of the EAR process. Our
Team has successfully conducted Interagency Scoping meetings in preparation for the EAR for other
municipalities, including the Cities of Miami and Hialeah Gardens. Agencies that are part of the coordination
effort during this Task (and throughout the process) include: adjacent municipalities such as Hallandale, North
Miami Beach, Sunny Isles Beach and Golden Beach; Miami-Dade County; Florida DepartmentofTransportation;
Miami-Dade County Transit; South Florida Regional Planning Council; Department of Environmental Protection;
South Florida Water Management District; Miami-Dade County Public Schools; and the Department of Community
Affairs.
The results ofTasks 1 and 2 will be a compilation report that summarizes all issues identified for further research
and updating. This report will be submitted to City staff for review and consideration during January 2005, and,
following that, the DCA in order to receive a Letter of Understanding. Any and/or all of the issues identified in this
task will be addressed in the EAR document.
TASK 3- REVIEW AND EVALUATION OF THE 1998 PLAN
The purpose of this Task is to perform a comprehensive review on an element-by-element basis of the Plan in
order to identify and successes or shortcomings in achieving the City's goals, objectives and policies. This
analysis, and associated recommendations, will be incorporated into the EAR document.
TASK 4- DEVELOPMENT AND PREPARATION OF DRAFT EAR
The purpose of this Task is to develop and prepare, in coordination with City staff, the draft Evaluation and
Appraisal Report in accordance with Chapter 163, F.S. The issues identified in Tasks 1 and 2 will be: described;
analyzed, and; evaluated for potential social, economic, and environmental impacts. A series of Comprehensive
Plan amendments to address these issues will be recommended. In addition, the draft EAR will include:
y Description of the process used to ensure public participation
y Updated population estimates
y Changes in Land Area
y Vacant land for future development
y Demands of growth on infrastructure
y Location of development
y Coordination of any future school locations, and an evaluation of successes and shortcomings in
coordinating residential development and public school capacity
y List of changes need in the comprehensive plan due to changes in state law, regional plans andlor
administrative rules
y Other issues as may be required by City staff
Tasks 3 and 4 will take place during the JanuarylJune 2005 period with the end product being the first draft of
the EAR. This draft will be submitted to the City for review. Any comments or suggestions received from City
staff will be addressed prior to proceeding to Task 5.
Page 30
(\)
i
~
~
~
~
~
~
~
~
~
~
a
~
~
~
~
~
d
d
a
o
a
a
a
a
a,
e'
d'
e
e
c
a
c
(1
3
a
a
(j
~
~
a
;;.
TASK 5- PUBLIC HEARING ON PROPOSED EAR
The purpose of this Task is to ensure that the public and all concerned stakeholders have an opportunity to
review and comment on the draft EAR. Any and/or all comments received during this phase will be addressed
as part of this Task which will take place during August 2005.
TASK 6- TRANSMITTAL OF DRAFT EAR TO DCA
The purpose of this Task, which will take place during September 2005, is to submit the EAR draft to DCA in
order to obtain any possible comments in advance of required adoption and submittal dates.
TASK 7- RESPONSE TO OBJECTIONS, RECOMMENDATIONS, AND COMMENTS
All objections, recommendations and comments will be reviewed and the draft EAR will be revised accordingly
(Task 8) during October 2005.
TASK 8- REVISE PROPOSED EAR
The purpose of this task is to revise the EAR according to comments received. These changes will be
incorporated within the EAR document and submitted to City stafffor review and approval (October 2005).
TASK 9- PUBLIC HEARING TO ADOPT PROPOSED EAR
Final hearing for adoption of Evaluation and Appraisal Report will take place during November 2005.
TASK 10- TRANSMITTAL OF PROPOSED EAR TO DCA
This Task will take place prior to December 1,2005.
Page 31
~
~
~
~
~
~
(I
.
e
8
~
'9.
~
@
~.
~
~
~
(t
C)
d
it
itl
it
it
a
Cl
a
~)
c.;1
a
a
a)
a
~
C1
<;
~
~
~
C1
~
~
a
CONCLUSION
Page 32
-.
l\')
~
\\!t
~
~
~
i8
~
~
~
~
~
~
~
~
~
~
~
~
~
~
a
~
<a
;a
~
;a
~.
~
a
,a
:a
d
~.
:a
a
a
d
d
~
~
~
In conclusion, based on the expertise offered by both Bell David Planning Group and The Corradino Group
we believe this Team is the most qualified and committed to developing the City's 2005 Evaluation and Appraisal
Report which conform to and exceed statutory requirements.
As stated previously, this Team has been recognized by both the Department of Community Affairs and the
South Florida Regional Planning Council for work completed for several municipalities.
We appreciate this opportunity to submit this proposal and look forward to collaborating on this project for the
unique and dynamic City of Aventura.
Page 33
-
'(~
-
ej
~
i
~
a
i
"
i
~
d
..
d
d
i9
o
e
~
i.9
i)
it
it
it
it
it
it
it
it
it
it
j
j
it
it
j
..
j
j
j
j
j
j
j
8
ATTACHMENT "A"
Page 34
o
~
~
;;
-
-
-
-
~
-
~
-
d
a
d
Ct
iI
~
-
.0
.,
-
;,
~
-
if
..
~
~
.,
-
rtJ
d
C
-
d
...
-
...
,g
c,
a
d
a
"
o
a
...
n
SWORN STATEMENT PURSUANT TO SECTiON 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER
OATHS.
1. This sworn statement is submitted to tlE Ci ty of AvB1bIrFl
by Bell!Bvi.d P1.arn:in?: Gru.p
for RFQ #04-9-15-2 (Rmlmtim m-d ~;",,1 RP[Yrl)
_ whose business address is 1019 N.E. 10'1 Street, Miarri 9'nrP.~, FT, 111 ~
and (if applicable) its Federal Employer Identification number (FEIN)
is Ss-a322656 (IF the entity had no FEIN, include the Social Security Number
of the individual signing this sworn statement:
2. I understand that a "public entity crime" as defmed in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with respect to
and directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or with the United States, including, but not
limited to, any Bid or Contract for goods or services to be provided to any public entity or
an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1){b),
Florida Statutes, means a fmding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trail court of record relating to
charges brought by indictment or information after July I, 1989, as a result of a jury
verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes,
means:
I. A predecessor or successor of a person convicted of a public entity crime; or
2. Any entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime. The term
"affiliate" includes those officers, directors, executors, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The ownership by
one person of shares constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not for fair market value under an arm's
length agreement, shall be a prime facie case that one person controls another person. A
person who knowingly enters into a joint venture with a person who has been convicted
of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
11
-c-
~
I
t
o
~
~
~
~
..
~
~
~
~
~
~
~
~
~~
~
~
~
~
~
a
a
a
a
a
a
a
d
a
a
a
d
o
o
o
-
(;)
-
r::J
...
~
...
o
5. I understand that a "person" as defined in Para. 287.l33(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States
with the legal power to enter into a binding Contract and which Bids or applies to Bid on
Contracts for the provision of goods or services let by a public entity, or which otherwise
transacts or applies to transact business with a public entity. The term "persons" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. (Indicate which statement applies.)
X Neither the entity submitting this sworn statement, nor any of it's officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted ofa public entity crime subsequent to July 1,1989.
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July 1, 1989. However, there has
been a suhsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor list. (Attach a copy of the final
order.)
I UNDERSTAND THAT 1HE SUBMISSION OF THIS FORM TO THE
CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, TIlA T
THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM TIlE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN
EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE
INFORMATION CONTAINED IN TIllS FORM.
12
...
'1
, .
-
o
~
a
~
.,
~
~
~
~
~
~
~
d
d
~
~
d
a
Cf
c.1
~
"
G
"
~
"
(f
a
~
~
~
~
~
\j
~
~
~
~
~
~
(j
~
~
By:
~ 11. r)~cO
AlEX A. Il\VID
(Printed Name)
Vice Presicla1t
(Title)
Sworn to and subscribed before me this ~ day of 4~ 20 ~
Personally known _______ '
Produced Identification Notary Public - State of ~
My Commission Expires /r(b / (l c;,
/ /
(Type ofldentification)
(printed, typed, or stamped commission name of notary public)
~.~ tAA1IWEl16iJGH
.. ~ " MY COMMISSION I 00 154831
~ EXPIRES: Ilecembor 6, 2006
"11'fOl'f\.<F" BotIdedThtuBwJeetNcmySel'\rm
13
Or
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission c:
Eric M. Soroka, ICMA-CM, ci1ta r
October 29, 2004
hiefs of Police Technology
TO:
FROM:
SUBJECT: Dade County Association
Enhancement Project Grant
November 9, 2004 City Commission Meeting Agenda Item b - E
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City to participate in the Technology Enhancement Project Grant on behalf of the
Dade County Association of Chiefs of Police. The program expands access to the
existing video conferencing profile center technology by providing additional strategic
locations for new centers. This would greatly reduce time and distance factors for
victims and witnesses of crimes and decrease on-duty officer "downtime".
The program is a continuation of the current grant and is administered through the
City's Police Department. The grant is in the amount of $46,120. The various police
agencies will be responsible for the matching amount of $15,374.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
eeo 1323-04
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO
PARTICIPATE IN THE APPLICATION OF FUNDS FOR THE
TECHNOLOGY ENHANCEMENT PROJECT GRANT AVAILABLE
THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN
RESOURCES, AS OUTLINED IN THE ATTACHED CONTRACT; TO
FACILITATE THE EXPENDITURE OF APPROXIMATELY $61,494 IN
FUNDS; AND AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION INCLUDING THE EXECUTION OF AGREEMENTS WITH
THE PURPOSE OF CREATING THIS PROGRAM IN COOPERATION
WITH THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to participate in the application of
funds for the Technology Enhancement Project Grant available through the Miami-
Dade Department of Human Resources and to facilitate the expenditure of grant funds
in the approximate amount of $61,494.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution, including the execution of agreements as required by
Miami-Dade County and the City of Aventura to implement a Technology Enhancement
Project in cooperation with the Dade County Association of Chiefs of Police.
Section 3. 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 Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 9th day of November, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES
CONTRACT
This Contract, made this day of 200_, by and between
Miami-Dade County, apolitical subdivision 0 f the State 0 f Florida (hereinafter referred to as
"County") through its Department of Human Services (hereinafter referred to as "Department"),
located at 111 N.w. 1st Street. Suite 2210 - Miami. FL 33128-1912. and the Dade County
Association of Chiefs of Police located in Miami-Dade County, Florida (hereinafter referred to
as "Provider"), provides the terms and conditions pursuant to which the Provider shall provide a
Technology Enhancement Project.
WHEREAS, the County has been awarded federal funds from the Drug Control and
System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug
Abuse Act of 1988. hereinafter referred to as the ACT; and
WHEREAS, the Provider warrants and represents that it possesses the legal
authority to enter into this Agreement by way of resolution, motion or similar action that has
been duly adopted or passed as an official act of the Provider's governing body, authorizing the
execution of the Contract, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the Provider to carry out on
behalf of the Provider all of the duties and responsibilities set forth in this Contract; and
WHEREAS, this Contract shall be deemed effective upon award of grant funds by
the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to
Miami-Dade County or when this Contract has been duly executed by both parties, whichever is
later; and
WHEREAS, the County is desirous of supporting an expansion of the services
provided by the Technology Enhancement Project by providing a portion of the federal funds
awarded to Miami-Dade County to the Technology Enhancement Project; and
WHEREAS, the County as contractor/grantee for the State of Florida is authorized to
purchase said services for the Technology Enhancement Project as an allowable activity
under the ACT; and
WHEREAS, the County requires the above-mentioned services from the Provider in
order to fulfill its' contractual obligations under the aforementioned grant,
NOW, THEREFORE, for and in consideration of the mutual covenants recorded
herein, the parties hereto agree as follows:
I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $ 4 6,120. Both parties agree that
should available County funding be reduced, the amount payable under this Agreement may be
proportionately reduced at the option of the County.
II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachment A.
Page 1 of 12
III. EFFECTIVE TERM. The effective term of this Agreement shall be from October 1, 2004
through September 30, 2005.
IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services
and payment by the County, including the required 25% Cash Match, and provide all
equipment and supplies required for the provision of services.
V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A. Requirements of the Anti-DruQ Abuse Act. The Provider agrees to abide by all
of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System
Improvement Formula Grant Program, including Rule Chapter 9B-61 of the Florida
Administrative Code. Furthermore, the Florida Department of Law Enforcement, Business
Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program Application for Funding Assistance and
all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set
forth.
B. SupplantinQ. The Provider agrees that funds received under this Contract shall
be utilized to supplement, not supplant state or local funds, and will be used to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-
drug law enforcement activities, in accordance with Rule Chapter 9B-61.006 (5), Florida
Administrative Code.
VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services
by assuring that services are provided by the same person whenever possible and, if not, by a
qualified replacement when necessary.
VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be
responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2)
whenever the County so requests, meeting with County staff to review such compliance.
VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold
harmless the County and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of defense, which the County or
its officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Contract by the Provider or its employees, agents,
servants, partners, principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall
pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by Provider shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents and instrumentalities as
herein provided. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract.
Page 2 of 12
IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined
by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written
verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing
herein shall be construed to extend any party's liability beyond that provided in section 768.28.
Florida Statutes.
X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed
professionals providing Technology Enhancement services shall have appropriate training
and experience in the field in which helshe practices and abide by all applicable State and
Federal laws and regulations and ethical standards consistent with those established for hislher
profession. Ignorance on the part of the Provider shall in no way relieve it from any of its
responsibilities in this regard.
XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by Miami-
Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-11.1 et
al. of the Code of Miami-Dade County), as amended, which is incorporated herein by reference
as if fully set forth herein, in connection with its Contract obligations hereunder.
XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami-
Dade County ("County Code"), as amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1975, 42 U.S.C., as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 9 794, as
amended, which prohibits discrimination on the basis of disability; and the Americans with
Disabilities Act, 42 U.S.C. 9 12103 et seq., which prohibits discrimination in employment and
accommodation because of disability.
It is expressly understood that upon receipt of evidence of discrimination under any of these
laws, the County shall have the right to terminate this Contract. It is further understood that the
Provider must submit an affidavit attesting that it is not in violation of the Americans with
Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. 9 1612, and the Fair
Housing Act, 42 U.S.C. 9 3601 et seq. If the Provider or any owner, subsidiary, or other firm
affiliated with or related to the Provider, is found by the responsible enforcement agency, the
Courts or the County to be in violation of these Acts, the County will conduct no further
business with the Provider. Any contract entered into based upon a false affidavit shall be
voidable by the County. If the Provider violates any of the Acts during the term of any Contract
the Provider has with the County, such contract shall be voidable by the County, even if the
Provider was not in violation at the time it submitted its affidavit.
The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance,
codified as ~ 11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who
in the regular course of business has fifty (50) or more employees working in Miami-Dade
County for each working day during each of twenty (20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law may be
grounds for voiding or terminating this Contract or for commencement of debarment
proceedings against Provider.
XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered
personally or sent by mail or by facsimile to the parties at the following addresses or to such
other address as either party may specify:
Page 3 of 11
If to the COUNTY:
Miami-Dade County
Department of Human Services
2525 NW 620d Street, Suite 4225
Miami, Florida 33147
Attention: Mr. Vaughn Tooley
If to the PROVIDER:
Dade County Association of Chiefs of Police
19200 W. Country Club Drive
Aventura, FL 33180
Attention: Chief Thomas E. Ribel
XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. It is expressly understood
and intended that the Provider i s 0 nly a recipient 0 ff unding support and is not an agent or
instrumentality of the County. Furthermore, the Provider's agents and employees are not
agents or employees of the County.
XV. BREACH OF AGREEMENT: COUNTY REMEDIES.
A. Breach. A breach by the Provider shall have occurred under this Contract if: (1)
The Provider fails to provide services outlined in the Scope of Services (Attachment A) within
the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds
allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete
proof of expenditures to support reimbursement requests or fails to submit or submits
incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the
Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider
refuses to allow the County access to records or refuses to allow the County to monitor,
evaluate a nd review the Provider's program; (6) t he Provider discriminates under any of the
laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence
Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions
of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its
obligations under this Contract through fraud, misrepresentation or material misstatement; (10)
the Provider fails to correct deficiencies found during a monitoring, evaluation or review within
the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami-
Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and
conditions of any obligation under any contract or otherwise or any repayment schedule to any
of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely a nd proper
manner any and all of its obligations, covenants, agreements and stipulations in this Contract.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
B. County Remedies. If the Provider breaches this Contract, the County may
pursue any or all of the following remedies:
1. The County may terminate this Contract by giving written notice to the
Provider of such termination and specifying the effective date thereof at least five (5) days
before the effective date of termination. In the event of termination, the County may: (a)
Page 4 of 12
request the return of all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, reports prepared and secured by the Provider with County funds
under this Contract; (b) seek reimbursement of County funds allocated to the Provider under
this Contract; (c) terminate or cancel any other contracts entered into between the County and
the Provider. The Provider shall be responsible for all direct and indirect costs associated with
such termination, including attorney's fees;
2. The County may suspend payment in whole or in part under this Contract
by providing written notice to the Provider of such suspension and specifying the effective date
thereof, at least five (5) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the Provider as
condition precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any other
contracts entered into between the County and the Provider. The Provider shall be responsible
for all direct and indirect costs associated with such suspension, including attorney's fees;
3. The County may seek enforcement of this Contract including but not
limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible
for all direct and indirect costs associated with such enforcement, including attorney's fees;
4. The County may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations
under this Contract through fraud, misrepresentation or material misstatement, the County
shall, whenever practicable terminate this Contract by giving written notice to the Provider of
such termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. The County may terminate 0 r cancel any 0 ther contracts
which such individual or entity has with the County. Such individual or entity shall be
responsible for all direct or indirect costs associated with such termination or cancellation,
including attorney's fees. Any individual or entity who attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material misstatement may be
disbarred from County contracting for up to five (5) years;
6. Any other remedy available at law or equity.
C. The County Manager is a uthorized to terminate this Contract on behalf of the
County.
D. Oamaaes Sustained. Notwithstanding the above, the Provider shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the Contract, and the County may withhold any payments to the Provider until such time as
the exact amount of damages due the County is determined. The Provider shall be responsible
for all direct and indirect costs associated with such action, including attorney's fees.
XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate
at least sixty (60) days prior to the effective date of such termination. The County Manager is
authorized to terminate this Contract on behalf of the County.
Page 5 of 12
XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all
expenditures or costs shall be made in accordance with the Budget which is attached herein
and incorporated hereto as Attachment A.
A. Budoet Variance. Funds may be shifted between approved line items, not to
exceed fifteen percent (1S%) of the total budget, without a written amendment. Variances
greater than fifteen percent (1S%) in any approved line item shall require a written amendment
approved by the Department.
B. Recapture Funds. At the conclusion of the third quarter and upon submission of
the Quarterly Performance Report and Invoice, the County will review the Provider's Year-To-
Date expenditures.
1. Municipalities reporting remaining balances which exceed expenditure
levels for normal program operations must submit a plan with the Third Quarter Report which
documents those steps the municipality will take in the Fourth Quarter to fully expend the
contract by the end of the program year.
2. This expenditure plan must be approved by the County.
3. Where the municipality does not anticipate full expenditures by the end of
the program year, the County will recapture the anticipated unexpended amount for use in
another program, without a formal amendment process.
C. Pavment Procedures. The County agrees to pay the Provider for services
rendered under this Contract based on the line item budget incorporated herein and attached
hereto as Attachment A. The parties agree that this is a cost-basis Contract and the Provider
shall be paid through reimbursement payment for allowable expenses on the budget approved
under this Contract (see Attachment A). The Provider agrees to invoice the County for each
Technology Enhancement Project using the Quarterly Project Performance Report & Invoice
as it appears in Attachment B, and to do so on a quarterly basis, as stated in Section XIX. B.1.
The Quarterly Project Performance Report & Invoice shall be prepared in a manner in
accordance with the form provided in Attachment B. The final Quarterly Project Performance
Report & Invoice shall be submitted by October 1S, 200S.
D. The Provider agrees to mail all invoices to the address listed above, Section XIII.
E. The County agrees to review invoices and to inform the Provider of any
questions. Payments shall be mailed to the Provider by the County's Finance Department.
F. No pavment of subcontractors. In no event shall county funds be advanced
directly to any subcontractor hereunder.
XVIII. INVENTORY - CAPITAL EQUIPMENT AND REAL PROPERTY.
A. Acquisition of Propertv. The Provider is required to be prudent in the acquisition
and management of property with federal funds. Expenditure of funds for the acquisition of
new property, when suitable property required for the successful execution of projects is
already available within the Provider organization, will be considered an unnecessary
expenditure.
Page 6 of 12
B. Screenina. Careful screening should take place before acquiring property in
order to ensure that it is needed with particular consideration given to whether equipment
already in the possession of the Provider organization can meet identified needs. While there is
no prescribed standard for such review, the Provider procedures may establish levels of review
dependent on factors such as the cost of the proposed equipment and the size of the Provider
organization. The establishment of a screening committee may facilitate the process; however,
the Provider may utilize other management techniques which it finds effective as a basis for
determining that the property is needed and that it is not already within the Provider's
organization. The County must ensure that the screening referenced above takes place and
that the Provider has an effective system for property management. The Provider is hereby
informed that if the County is made aware that the Provider does not employ an adequate
property management system, project costs associated with the acquisition of the property may
be disallowed.
C. Loss. Damaae or Theft of Eauioment. The Provider is responsible for replacing
or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any
loss, damage, or theft of the property must be investigated and fully documented and made part
of the official project records.
D. Eauipment Acauired with Crime Control Act Block/Formula Funds. Equipment
acquired shall be used and managed to ensure that the equipment is used for criminal justice
purposes.
E. Manaaement. The Provider's procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet
the following requirements: 1) Property records must be maintained which include description
of property, serial number or other identification number, source of the property, identification of
who holds the title, acquisition date, costs of the property, percentage of County participation in
the cost of the property (Federal funds), location of property, use and condition of the property,
disposition data including the date 0 f disposal and sale price; 2) a physical inventory 0 f t he
property must be taken and the results reconciled with the property records at least once every
2 years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage
or theft of t he property. A ny loss, damage, 0 r theft shall be investigated by the Provider a s
appropriate; 4) adequate maintenance procedures must exist to keep the property in good
condition; and 5) if the Provider is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
F. Retention of Prooertv Records. Records for equipment, nonexpendable
personal property, and real property shall be retained for a period of 3 years from the date of
the disposition or replacement or transfer at the discretion of the County. If any litigation, claim,
or audit is started before the expiration of the 3-year period, the records shall be retained until
all litigation, claims, or audit findings involving the records have been resolved.
XIX. RECORDS. REPORTS. MONITORING AUDITS. AND EVALUATION STUDIES.
The Provider shall keep records of program services in sufficient detail to provide any reports
that may be requested by the County.
A. Records. All program records will be retained by the Provider for not less than
three (3) years beyond the term of this Agreement. In accordance with contract requirements
Page 7 of 12
from the S tate of Florida, records for the Technology Enhancement Project services must
reflect:
1. The names of staff providing services as described in Attachment A.
2. The dates and number of hours the staff provided services.
3. The dates of services and activities and the names of program
participants in attendance to such as described in Attachment A.
4. The records of all other program services provided under this Agreement.
B. Reportina Reauirements.
1. Quarterlv Proiect Performance Report and Invoice. The Provider shall
submit the Quarterly Project Performance Report and Invoice to the Department of Human
Services by January 15, April 15, July 15, and October 15, 2005 covering the Agreement
activity for the previous quarter. The Quarterly Project Performance Report and Invoice shall
be submitted in the format and using the form attached hereto as Attachment B.
2. Other Reauired Reports. The Provider shall submit other reports as may
be required by the Department of Human Services during the program year.
C. Chanaes to Reportina Reauirements. The Provider understands that the
County may at a ny time require changes in data collected, records 0 r reporting, as may be
necessary and agrees to comply with any such modifications.
D. Monitorina and Audit. The Provider shall make available for review, inspection,
monitoring or audit by the County without notice during normal business hours all financial
records and other program records and documents which relate to or have been produced or
created as a result of this Agreement. The Provider shall provide assistance as may be
necessary to facilitate a financial/program audit when deemed necessary by the County to
ensure compliance with applicable accounting and financial standards. The County reserves
the right to require the Provider to submit to an audit of the County's choosing. Furthermore,
the Provider understands, it may be subject to an audit, random or otherwise, by the Office of
the Dade County Inspector General or independent private sector inspector general retained by
the Office of the Inspector General.
E. Office of Miami-Dade Countv Inspector General. Miami-Dade County has
established the Office of the Inspector General, which is empowered to perform random audits
on all County contracts throughout the duration of each contract. Grant recipients are exempt
from paying the cost of the audit, which is normally 1/4 of 1 % of the total contract amount.
The Miami-Dade County Inspector General is authorized and empowered to review past,
present and proposed County and Public health Trust Programs, contracts, transactions,
accounts, records, and programs. In addition, the Inspector General has the power to
subpoena witness, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance with plans,
specifications and applicable law.
Page 8 of 12
The Inspector General is empowered to analyze the necessity of and reasonableness of
proposed change orders to the Contract. The Inspector General is empowered to retain the
services of independent private sector inspectors general to audit, investigate, monitor,
oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal submittals, activities of
the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to
ensure compliance with contract specifications and to detect fraud and corruption
Upon ten ( 10) days prior written notice to the Provider from the Inspector General or IPSIG
retained by the Inspector General, the Provider shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and copying. The
Inspector General and IPSIG shall have the right to inspect and copy all documents and
records in the Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to
original estimate files, change order estimate files, worksheets, proposals and Contracts from
and with successful and unsuccessful subcontractors and suppliers, all project-related
correspondence, memoranda, instructions, financial documents, construction documents,
proposal and contract documents, back-charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records, and supporting documentation for the aforesaid documents and
records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontracts and all other Contracts executed by the Provider in connection with the
performance of the contract.
Nothing in this contract shall impair any independent right of the County to conduct audit or
investigative activities. T he provisions 0 f this section are neither intended nor shall they be
construed to impose any liability on the County by the Provider or third parties.
F. Independent Private Sector Inspector General Reviews. Pursuant to Miami-
Dade County Administrative Order 3-20, the Provider is aware that the County has the right to
retain the services of an Independent Private Sector Inspector General ("IPSIG"), whenever the
County deems it appropriate to do so. Upon written notice from the County, the Provider shall
make available to the IPSIG retained by the County, all requested records and documentation
pertaining to this agreement for inspection and copying. The County shall be responsible for
the payment of these IPSIG services, and under no circumstances shall the Provider's budget
and any changes thereto approved by the County, be inclusive of any changes relating to these
IPSIG services.
The terms of this provision herein, apply to the Provider, its officers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any
independent right of the County to conduct an audit or investigate the operations, activities and
performance of the Provider in connection with this Contract. The terms of this Section shall
not impose any liability on the County by the Provider or any third party.
G. Evaluation Studies. The Provider agrees to participate In evaluation studies
sponsored by the administrative agent for these funds from the Florida Department of Law
Enforcement, Business Support Program, Office of Criminal Justice Grants. This participation
shall at a minimum include access to the Provider's premises and records.
Page 9 of 12
XX. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceedinq. The Provider shall not utilize County funds to
retain legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Provider shall not utilize County funds to provide
legal representation, advice 0 r counsel to a ny client in any action or proceeding against the
County or any of its agents, instrumentalities, employees or officials.
B. Reliqious Purposes. County funds shall not be used for religious purposes.
C. Comminolino Funds. T he Provider shall not commingle funds provided under
this Contract with funds received from any other funding sources.
XXI. MISCEllANEOUS.
A. Contract. This Contract is the complete and exclusive statement of all the
arrangements between the County and the Provider regarding provision of the services
described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend
any other agreement between the Provider and the County unless specifically stated herein.
B. Amendments and Modifications. Except as otherwise enumerated herein, no
amendment to this Contract shall be binding on either party unless reduced to writing, signed by
both parties, and approved by the County Manager. Provided. however, that the County may
effect amendments to this Contract without the written consent of the Provider, to conform this
Contract to changes in the laws, directives, guidelines, and objectives of County, State and
Federal Governments.
Any alterations, variations, amendments, or other modifications of this Contract, including but
not limited to amount payable and effective term, shall only be valid when they have been
reduced to writing, duly approved and signed by both parties and attached to the original of this
Contract.
The County and Provider mutually agree that amendments of the Scope of Service, line item
budget of more than fifteen percent (15%) of the total budget set forth herein and other such
revisions my be negotiated as written amendment to this Contract between the parties. The
County Manager is authorized to make amendments to this Contract as described herein on
behalf of the County.
C. Ownership of Data and Other Material. All reports, information documents, tapes
and recordings, maps and other data and procedures developed, prepared, assembled or
completed by the Provider in connection with the duties and responsibilities undertaken by the
Provider in accordance with the terms of this Contract shall become the property of the County
without restriction, reservation or limitation of their use and shall be made available to the
County by the Provider at any time upon request by the County. Upon completion of all work
contemplated under this Contract, copies of all of the above data shall be delivered to the
County upon request.
D. Contract Guidelines. This Contract is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this Contract shall be
Miami-Dade County, Florida.
Page 10 of 12
E. Publicity. It is understood and agreed between the parties hereto that this
Provider is funded by Miami-Dade County. Further, by acceptance of these funds, the Provider
agrees that events and printed documents funded by this Contract shall recognize the funding
source as follows:
This program was supported by a grant awarded to the Miami-Dade County
Department of Human Services, the Florida Department of Law Enforcement
(FDLE) and the U.S. Department of Justice, Bureau of Justice Assistance (BJA).
F. Subcontracts. The Provider agrees not to enter into subcontracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or
all of its rights, title or interest herein, or its power to execute such Contract without the prior
written approval of the County and that all subcontractors or assignees shall be governed by
the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000
or more by the County and the Provider intends to use subcontractors to provide the services
listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider
shall provide the names of the subcontractors and suppliers on the form attached as
Attachment E. The Provider agrees that it will not change or substitute subcontractors or
suppliers from those listed in Attachment E without prior written approval of the County.
G. Headinos. Use of Sinoular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the
provisions of this Contract. Wherever used herein, the singular shall include the plural and
plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as
the context requires.
H. Total of ContractlSeverabilitv of Provisions. This twelve (12) page Contract with
its recitals on the first page of the Contract and with its attachments as referenced below
contain all the terms and conditions agreed upon by the parties:
Attachment A:
Attachment B:
Attachment C:
Attachment C1:
Attachment C2:
Attachment C3:
Attachment D:
Program Narrative and Budget (FDLE Application)
Quarterly Project Performance Report & Invoice
Miami-Dade County Affidavits
Code of Business Ethics
Miami-Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid
or void, the remainder of this Contract shall not be affected thereby if such remainder would
then continue to conform to the terms and requirement of applicable law.
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed
by their respective and duly authorized officers, the day and year first above written.
Signature John Ross
President - DCACP
Title
Name (typed)
ATTEST:
By:
By:
(Corporate Seal)
ATTEST:
MIAMI-DADE COUNTY, FLORIDA
HARVEY RUVIN, CLERK
By:
DEPUTY CLERK
By:
GEORGE M. BURGESS
COUNTY MANAGER
Page 12 of 12
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT Cl
ATTACHMENT C2
A TT ACHMENT C3
ATTACHMENT D
SUMMARY OF ATTACHMENTS
Program Narrative and Budget (FDLE Application)
Quarterly Program Performance Report & Invoice
Miami-Dade County Affidavits
Code of Business Ethics
Miami-Dade County Debarment Disclosure Affidavit
State Public Entities Crime Affidavit
Provider's Disclosure of Subcontractors and Suppliers
ATTACHMENT A
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Please read instructions before completing this application.
. The term "Department", unless otherwise stated, refers to the Department of Law Enforcement.
. The term "OCJG" refers to the Office of Criminal Justice Grants.
. The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an
Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior.
. The term "implementing agency" is a subordinate agency of a city, county, state agency, or indian Tribe, or an
agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity
eligible to be a subgrantee (ex. City of Live Oak)
. Instructions are incorporated in this document by reference.
A. Subgrant Data
1. This section to be completed by Subgrantee 2. This section to be comoleted b OCJG
Continuation of Previous Subgrant? DXXYes 0 No Project ID # I Program Area #: CFDA #: 16.579
If Yes, enter CJ Contract # of Previous Subgrant 03-222 158
SFY 2004 CJ Contract # SFY 2005 CJ Contract #
2004- CJ - J3 - 11- 23 - 01 - 222 2005 - CJ - K3 - 11 - 23 - 01 - 048
B. Aoolicant Information
1. Subllrant Recipient ISubgranteel
Name of Subgrant Recipient (Unit of Government): Miami-Dade County County
Name of Chief Elected Official I State Agency Head: Alex Penelas
Title: Mayor Miami-Dade
Address: 111 NW First Street, Suite 2910 Area Code I Phone #
305-375-5071
City, County, State, Zip Code: Miami, Florida 33128-1963 SUNCOM #
E-mail Address: mavortlilmiamidade.oov Area Code I Fax #
305-375-3618
2. Chief Financial Officer of Subarant Recipient ISubaranteel
Name of Chief Financial Officer: Rachel E. Baum, CPA County
Title: Finance Director Miami-Dade
Address: 111 NW First Street, Suite 2550 Area Code I Phone #
305-375-4419
City, County, State, Zip Code: Miami, Florida 33128-1963 SUNCOM #
E-mail Address: reb@miamidade.aov Area Code I Fax #
305-375-4238
3. ImDlementlna Aaencv
Name of Implementing Agency: Miami-Dade County Dept. of Human Services
Name of Chief Executive Official I State Agency Head I Subgrantee representative County
(if a subordinate agency of the subgrant recipient): Dean Taylor, Sr.
Director, Miami-Dade County Dept. of Human Services Miami-Dade
Title:
111 NW First Street, Suite 2210 Area Code I Phone #
Address: 305-375-4419
City, County, State, Zip Code: Miami, Florida 33128-1963 SUNCOM #
dmts(ij)miamidade.oov Area Code I Fax #
E-mail Address: 305-375-4238
Rule 110-9.006
Grant Application
Section 11- Page 1
OCJG - 005 (rev. April 2004)
FOLE Byrne Formula Grant Application Package
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4. Project Director
Name of Project Director: Dean Taylor, Sr. County
(Implementing Agency Employee)
Title: Director, Miami-Dade County Depl. of Human Services Miami-Dade
Address: 111 NW First Street, Suite 2210 Area Code I Phone #
305-375-4419
City, County, State, Zip Code: Miami, Florida 33128-1963 SUNCOM #
E-mail Address: dmts@miamidade.aov Area Code I Fax #
305-375-4238
5. Contact Person
Name of Contact Person: Vaughn Tooley County
(if other than Project Director)
Title: Program Director Miami-Dade
Address: 111 NW First Street, Suite 2250 Area Code I Phone #
305-375-5353
City, County, State, Zip Code: Miami, Florida 33128-1963 SUNCOM #
E-mail Address: vll16@mlamldade.aov Area Code I Fax #
305-375-5378
6. Person Responsible For Financial Reporting {If known}
Name: LaWanda S. Scott County
Title: Program Planner Miami-Dade
Address: 111 NW First Street, Suite 2210 Area Code I Phone #
305-375-5378
City, County, State, Zip Code: Miami, Florida 33128-1963 SUNCOM #
E-mail Address: osac06@miamldade.aov Area Code I Fax #
305-375-5970
7. Person Responsible For Proorammatlc Performance Reportlno (if known)
Name:
LaWanda S. Scott County
Title: Program Planner Miami-Dade
Address: 111 NW First Street, Suite 2210 Area Code I Phone #
305-375-5378
City, County, State, Zip Code: Miami, Florida 33128-1963 SUNCOM #
E-mail Address: osac06@mlamidade.aov Area Code I Fax #
305-375-5970
8. Service Provider Contact Person
Name: Thomas E. Rlbel County
Title: Chief of Police, Aventura Police Department Miami-Dade
Address: 19200 W. Country Club Drive Area Code I Phone #
305-466-8966
City, County, State, Zip Code: Aventura, FL 33180 SUNCOM #
E-mail Address: rl belttmaventurapolice.com Area Code I Fax #
305-466-8991
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 2
OCJG - 005 (rev. Aprii 2004)
Rule 11 D-S.OOS
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Prollram
C. Administrative Data
1. Project Tille: Dade Chiefs Association Technology Enhancement Project
2. Identify the year of the project (I, II, III, etc.) II
3. Project period I Start: 10/01/2004 I End: 09/30/2005
D. Fiscal Data
Remit Warrant to: (This may only be either the individual listed in 62 (Subgrantee CFO) or a designee in
their office. If 62 is selected, do not reenter the contact information. This is oniv needed for desianee.
82 XX
OR
DESIGNEE
Name:
Title:
Address:
City, State, Zip
Phone Number:
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Droaram?
(Reimbursement cannot be remitted to any entity other than the subgrantee.)
Yes No XX
3. Frequency of Fiscal Reporting: Monthly_ Quarterly XX
4. Subgrant Recipient FEID #: 59- 000573
5. State Agency SAMAS #:
6. Project Generated Income (PGI):
Will the project earn PGI? (See Section G, lIem 9.) Yes - No XX
7. Cash Advance: Will you request an advance?
Yes - Amount No~
If yes, a letter of request must be submitted with the application or prior to submission of the first claim for
reimbursement. Amount requested must be justified and accepted by FDLE.
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 3
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
E. Proiect Narrative
1. Problem Identification: Briefly describe a specific problem to be addressed
with subgrant funds in terms of Problem Description, Problem Significance and
Needs Assessment, as described in the application instructions. Continue
narrative on a second page if necessary. Do not exceed two pages. Use a
readable size font, oer instructions.
Prior to the implementation of the Dade Chiefs Association Technology Enhancement
Project, the State Attorneys Office (SAO) in Miami-Dade County conducted felony pre-file
conferences with arresting officers, victims, and witnesses at one of three locations in a
county that covers a geographical area of approximately 2,000 square miles. These three
decentralized video pre-filing centers were located in Northeast Miami-Dade County,
Southwest Miami-Dade County, and at the Miami-Dade State Attorneys Office downtown
in the City of Miami.
The problem with having only three video pre-file centers for such a vast geographical
territory is that law enforcement officers, victims and witnesses often were required to
travel long distances when they are scheduled for testimony, most often to the center
located in downtown Miami. Civilian victims and witnesses sacrificed time away from their
jobs and the expense of traveling miles from their homes to the available centers. Also,
the limited availability of pre-file centers required that law enforcement personnel leave
their jurisdictions to complete video pre-filing at times when they are on duty, further
exacerbating staffing and response time challenges for police agencies. Collaborative
efforts that embrace a metropolitan regional approach to improving interagency efficiency
are needed to advance the overall effectiveness of Miami-Dade County's criminal justice
system.
Expanding access to the existing video conferencing pre-file center technology by
providing additional strategic locations for new centers would reduce the time and distance
factor for civilian victims and witnesses, and greatly decrease on-duty officer "down time"
during round trip travel to the centers. Centers developed in closer proximity to them,
would increase civilians' willingness to participate in the procedure because of familiarity
with their own communities and less time needed to be away from home or work. Officers
could then return more rapidly to patrolling their jurisdictions where they are needed.
FDLE Byrne Formula Grant Application Package
Grant Application
Sect/on /1- Page 4
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Project Description: Briefly describe proposed project activities. Refer to
Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You
should include project goals, administration, enhancemenUexpansion, staff,
service providers, clients or other participants, equipment, location, and expected
project results, as described in the application instructions
This section should address the basic points of who, what, when, where, and how.
Continue on additional a es if necessa ; do not exceed three a es.
The Dade Chiefs Technology Enhancement Project is a collaborative partnership between the
Dade County Association of Chiefs of Police and the Miami-Dade County Office of the State
Attorney. This project proposes to incrementally expand accessibility of the video pre-file
conferencing services to all municipal police departments in the county, as well as all regions of the
Miami-Dade Police Department.
During the first year, the Project purchased 12 complete video pre-file units (see description below)
and distributed them between local police departments and the State Attorney's Office (SAO). To
date, the SAO has trained all of the Assistant State Attorneys (ASA's) and clerical personnel
assigned to the Felony Screening Unit (FSU) in the operation of the system. The SAO currently has
six ASA's that can use the system at one time. As more agencies are added, the SAO will increase
personnel to accommodate them. The Aventura Police Department served as the initial host site
representing the Dade County Association of Chiefs of Police and conducted a successful pilot
project with the SAO to test system functionality and capabilities, and develop procedures for
obtaining maximum effectiveness. Currently there are five (5) police department sites on-line and
conducting video prefiles. A 6th location will be added sometime within the next 30 days; it will be a
sub-station of the Miami-Dade Police Department.
The goal for SFY2005 is to expand the Project, by purchasing additional pre-file units and adding
three more agencies as shared host sites, wherein agencies that do not have their own hardware
can go to the nearest shared host site and conduct their video pre-files. These more strategically
dispersed video conferencing sites will allow civilian victims, witnesses, and others to go to their
local police departments or to nearby shared host sites to conduct their video pre-files.
The current project year funds will purchase installation and maintenance of 6 complete video
pre-file units that include DSL lines, View Stations, Monitors, and DSL Routers. DSL (Digital
Subscriber Lines) conduct high-bandwidth information over telephone lines. The Router
translates the signal and sends the information to the appropriate destination within the
network. The View Station is the video device that transmits the pictures of individuals giving or
taking the pre-file via the Internet DSL to the monitor at the other end. The Monitor is a TV used
to view the person giving or taking the pre-file at the other pre-file station. The equipment will be
purchased under a current State Attorney's Office contract agreement which by law complies
with existing Federal, State, and local laws and regulations.
FDLE Byrne Formula Grant Application Package
Grant Application
Section II- Paga 5
OCJG - 005 (rav. April 2004)
Rula 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
3. ProQram Obiectives and Performance Measures: Up to three types of
objectives may be included in this section of your subgrant application, i.e.,
Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If
you a re proposing a project in one of the Authorized Program Areas with no
Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 41 0-
8700 for further uidance. Continue on a second a e if necessa .
a. List the number and title of the Program Area to be addressed. Refer to
Appendix II, Part II, for a listing of authorized program areas. (Select only 1
Program Area)
158.03
158.14
158.15
P0504801
P0504802
P0504803
158
(#)
Criminal Justice Information Svstem
(Title)
b. List Uniform Objectives first, followed by any other appropriate objectives you
may wish to address. If additional objectives are included, please identify
whether they are Project Specific or Self-Generated Objectives. Uniform and
Project Specific Objectives form the basis for collection of data and quarterly
performance reporting.
Uniform Obiectives (Mandatory, copy as worded for the program area
addressed and include all appropriate questions.
Include Objectives from only 1 program area, Objectives
from a different program area could be included as
Project Specific Objectives).
1 m 5ti I form ti6 S m
To establish a time schedule of activities for phased implementation of the system evidenced by a
written plan of action that identifies the tasks and staff responsible for those accomplishments. YIN
Part 1- Durin this re ortin eriod, was a written Ian of action develo ed?
To improve the operational effectiveness of a criminal justice information system through the
purchase of equipment and lor supplies.
Part 1- During this reporting period, did you purchase equipment and/or supplies to improve the Yili
effectiveness of a CJIS? In the report narrative, briefly describe the quantities and types of equipment
and/or su lies ordered, shi ed, delivered, and the location s of recei t.
To purchase equipment and/or supplies in conducting a criminal justice information system project.
Part 1- During this reporting period, did you purchase equipment and/or supplies in conducting a
criminal justice information system project? In the report narrative, briefly describe the quantities and Yili
types of equipment and/or suppiies ordered, shipped, delivered, installed, and in use, including the
location s of recei t.
To establish additional municipal police department host sites and/or companion host sites in the
State Attorney's Office for felony pre-file conferences using video technology.
Part 1- During this reporting period, did you establish any host sites and companion host sites for Y/N
felony pre-file conferences? In the project narrative, briefly describe your progress in completing this
ro'ect activi .
To share the use of established host sites with other municipal police departments.
Part 1- During this reporting period did you share your host sites with other municipal police Y/N
de artments? In the re ort narrative, indicate the number and names of olice de artments, If an .
To conduct and record a specifled number of felony pre-file conferences using video technology.
Part 1-During this reporting period, how many felony pre-file conferences did you conduct using video 60
technology? In the report narrative, estimate and report the total amount of officer "down time" you
believe the 0 eration of this re-fiIe center saved.
Rule 110-9.006
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 6
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
4. Activitv Implementation Schedule. Complete the Activity Implementation Schedule
showing when activities in the Program Description will commence and how the project will
progress. This chart benchmarks planned activities, both administrative and programmatic.
An "X" has been inserted for reports with mandatory due dates for all projects. Place an
additional "X" to indicate times applicable to your project, as illustrated for quarterly program
reports. Make a detailed listing of key activities under the heading "Programmatic
Activities." Your Quarterlv Performance Reports will be reviewed aoainst this schedule.
10-01-2004 throuah 09-30-2005
Subgrant Period (Beginning Date - Ending Date)
Administrative Activities
ACTIVITY Oct Nov Dec Jan Feb Mar Anr Mav Jun Jul Aun Sen
Submit Financial Reimbursement X X X X
Requests (05) (05) (05) (05)
Submit Financial Closeout Package X
(05)
Submit Quarterly Program Reports X X X X
(05) (05) (05 (05)
Submit Quarterly PGI Reports
(If applicable)
Programmatic Activities
(Continue on a second page if necessary.)
Be sure to include activities mentioned in the Project Description
ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Establish a time schedule of activities
for phased implementation of the X
system evidenced by a written plan of
action.
Participate in systems integration plans
that permit the interface of systems X X X X X X X X X X X X
operated by different criminal justice
Improve the operational effectiveness
of a criminal justice information system X X X X X X X X X X X X
through the purchase of equipment and
su......lies.
Purchase equipment and supplies in
conducting a criminal justice X X X X X X X X X X X X
information svstem oroiec!.
Establish additional municipal police
department host sites and companion
host sites in the State Attorney's Office X X X X X X X X X X X X
for felony pre-file conferences using
video technology.
Share the use of host sites with other X X X X X X X X X X X X
municipal police departments.
Conduct and record a specified number
of felony pre-file conferences using X X X X X X X X X X X X
video technology.
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 7
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
F. Proiect Budaet
1. Budaet Schedule
a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits,
Contractual Services, Expenses. Operating Capital Outlay, and Indirect Costs) and Total
Project Costs. Total Local Match must be a minimum of 25% of the Total Budget.
b. Enter the amount of federal, matching, and total funds by budget category that you will use to
support project activities. Enter dollar amounts only in applicable categories based on totals
from the Budget Narrative and leave others blank. Total Local Match must be a minimum of
25 percent of the Total Budget.
c. Show all figures rounded to the next highest dollar; do not include cents.
(Example $4,505.25 as $4,506).
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category Federal Match Total
Salaries And
Benefits
Contractual $46,120 $15,374 $61,494
Services
Expenses
Operating Capital
Outlay
Indirect Costs
..
Totals $46,120 $15,374 $61,494
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 8
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Prooram
2. Bud et Narrative
a. The Project Budget Narrative may reflect costs in any of the five budget categories
(Salaries and Benefits, Contractual Services, Expenses, Operatin9 Capital Outlay
(OCO), Indirect Costs). The Total Project Costs should be included.
b. You must describe the line items for each applicable budget category for which you are
requesting subgrant funding. Provide sufficient detail to show cost relationships to
project activities. Reimbursements will only be made for items clearly identified in the
budget narrative.
c. Costs must not be allocated or included as a cost to any other federally financed
program.
Continue on additional a es if necessa .
Please respond to the following five items before providing the details of the Budget Narrative.
1. Source of match must be cash and represent no less than twenty-five (25) percent
of the project's cost.
a. Identify your specific sources of matching funds.
Aventura Police Department Law Enforcement Trust Fund
b. Is match available at the start of the grant period?
Yes
c. If match will be provided from a source other than the subgrant recipient or the
implementing agency, how will the match be tracked and verified? (The
subgrantee is responsible for compliance.)
Aventura Police Department Law Enforcement Trust Fund Records
2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the
implementing agency, is there a net personnel increase, or a continued net
personnel increase from the initial year? N/A
If no, please explain.
If yes, please list number and title of position and type of
benefits.
3. Indicate the OCO threshold established by the subgrantee. $ 750
No:
Yes:
4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g.
percent of salaries and benefits), and provide documentation of the appropriate
approval of this plan. N/A
5. If the budget includes services based on unit costs, be sure to provide a definition
and cost for each service as part of the budget narrative for contractual services.
Provide the following information. N/A
a. What is the basis for the unit costs?
b. How recently was the basis established or updated?
FDLE Byrne Fonnula Grant Application Package
Grant Application
Section II . Page 9
OCJG - 005 (rev. April 2004)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
2. Budget Narrative (Continued)
CONTRACTUAL SERVICES
$61,494
OPERATING CAPITAL OUTLAY
INSTALLATION AND MAINTENANCE DSL LINES
$2,958 X 3 UNITS $8,874
POL YCOM VIEW STATIONS
$3,500 X 3 UNITS
$21,474
$10,500
MONITORS
$200 X 3 UNITS
$600
DSL ROUTERS
$500 X 3 UNITS
$1,500
EXPENSES
MAINTENANCE FOR EXISTING UNITS
ACCESSORIES (CABLES, PLUGS, ETC)
$40,020
$35,000
$5,020
FEDERAL FUNDS
LOCAL CASH MATCH
$61,494
$46,120
$15,374
TOTAL PROJECT BUDGET
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 10
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant PrOD ram
G. Conditions of Acceptance and Agreement
Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing
agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval
of this subgrant, the approved application and the following terms of conditions will become binding. Failure to
comply with provisions of this agreement will result in required corrective action up to and including project costs
being disallowed and termination of the project, as specified in item 16 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the
current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and
Byrne Program Guidance Document as well as Florida laws and regulations including the Florida
Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program.
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of
allowability and standards for selected cost items setforth in the OJP Financial Guide, U.S. Department of
Justice Common Rule for State And Local Governments and federal OMS Circular A-8?, "Cost Principles
for State, Local and Indian Tribal Governments", or OMS Circular A-2l, "Cost Principles for Educational
Institutions".
b. All procedures employed in the use of federal funds for any procurement shall be according to U.S.
Department of Justice Common Rule for State and Local Governments, or OMS Circular A-llG and Florida
law to be eligible for reimbursement.
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports
to OCJG by February 1, May 1 , August 1, and within forty-five (45) days after the subgrant termination
date. in addition, if the subgrant award period is extended beyond the "original" project period,
additional Quarteriy Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in
sanctions, as specified in item 16 of Section G, performance of Agreement Provisions.
(2) Report Contents: Performance reports must Include both required sections, the quantitative response
(in response to specific objectives and measures) and the qualitative narrative. The narrative must
reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in
performance measures, and also identify problems with project implementation and address actions
being taken to resolve the problems.
b. Financial Reports
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial
Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after
the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days
after the end of the reporting period. In addition, if the subgrant award period is extended. additional
Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice
Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the
subgrant termination period. Such claim shall be distinctly identified as "final".
(2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim
Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient
shall submit either monthly or quarterly claims in order to report current project costs. Reports are to
be submitted even when no reimbursement is being requested.
(3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit.
FDLE Byrne Formula Grant Application Package
Grant Application
Section /1- Page 11
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
(4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all
outstanding project reports and must have satisfied all special conditions. Failure to comply with the
above provisions shall result in forfeiture of reimbursement.
(5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February
1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering
subgrant project generated income and expenditures during the previous quarter. (See Item 10,
Program Income.)
c. Other Reports
The subgrant recipient shall submit other reports as may be reasonably required by OCJG.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper
disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on
this project shall be disbursed according to provisions of the project bUdget as approved by OCJG.
b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments, and federal Office of Management
and Budget's (OMB) Circulars A-21, A-87, and A-ll0, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient.
5. Payment Contingent on Appropriation
The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual
appropriation by the Florida Legislature.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the
termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior
to the termination date of the subgrant recipient's project are eligible for reimbursement.
7. Advance Funding
Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project
according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of
Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant
recipient upon a written request to the Department justifying the need for such funds. This request, including
the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to
the first request for reimbursement. Justification should address a 30/60/g0-day need for cash based on the
budgeted activities for the period.
8. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available
federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds.
9. Travel and Training
a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written
approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain
written a pproval from the Department for reimbursement of training costs and reiated travel prior to
commencement of training, if the specific training was not listed in the approved budget. Subgrant
recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips
that were not listed in the approved project description and budget.
b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in
Section 112.061, Florida Statutes.
c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida
Statutes.
FDLE Byrne Formula Grant Application PaCkage
Grant Application
Section 11- Page 12
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro!lram
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant period, as a
direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide
and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 -
Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management
Improvement Fund).
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment of a consultant
when their rate exceeds $450 (excluding travel and subsistence costs) tor an eight-hour day. Approval shall be
based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of
Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's
approval of the subgrant recipient agreement does not constitute approval of consuitant contracts.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its
useful life or request Department disposition.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and
dispose 0 fa ny property furnished to it by the Department or purchased pursuant to this agreement
according to federal property management standards set forth in the OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments or the federal OMS Circular A-llG.
This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration
of this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to
this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice
Common Rule for State and Local Governments, or the federal OMS Circular A-110.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or
otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support
funded under this grant agreement.
15. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or
program-specific audit conducted for that year. The audit shall be performed in accordance with the
federai OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be
identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be
identified as federal funds passed through the Florida Department of Law Enforcement and include the
contract number, CFDA number, award amount, contract period, funds received and disbursed. When
applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor
General.
b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted
within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be
complete, the submitted report shall include any management letters issued separately and management's
written response to all findings, both audit report and management letter findings. Incomplete audit reports
will not be accepted by the Department and will be returned to the subgrant recipient.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The
IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
FDLE Byrne Formula Grant Application Package
Grant Application
Section 1/ - Page 13
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Prollram
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the
audit report in instances of noncompliance with federal laws and regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its
designee, upon request for a period of three (3) years from the date the audit report is issued, unless
extended in writing by the Department.
f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from
the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which
can be in the form of the "Certification of Audit Exemption" form, shali be provided to the Oepartment by the
Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to
the Department no later than March 1 foliowing the end of the fiscal year.
g. If this agreement is closed out without an audit, the Department reserves the right to recover any
disaliowed costs identified in an audit completed after such closeout.
h. The completed audit report or notification of non-applicability should be sent to the following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
16. Performance of Agreement Provisions
In the event of default, non~compliance or violation of any provision of this agreement by the subgrant recipient,
the subgrant recipient's consultants and suppliers, or both, the Department shali impose sanctions it deems
appropriate including withholding payments and cancellation, termination, or suspension of the agreement in
whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days
in advance of the effective date of such sanction. The subgrant recipient shali be paid only for those services
satisfactorily performed prior to the effective date of such sanction.
17. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant
recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a
revised project starting date.
b. If a project has not begun within ninety (gO) days after acceptance of the subgrant award, the subgrant
recipient shall send another letter to OCJG, again expiaining the reason for delay and request another
revised project starting date.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified
or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other
Department approved projects. The Department, where warranted by extenuating circumstances, may
extend the starting date of the project past the ninety (90) day period, but only byformal written amendment
to this agreement.
18. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of
any failure in performance of this agreement according to its terms (including any failure by the subgrant
recipient to make progress in the execution of work hereunder which endangers such performance) if such
failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient.
Such causes inciude, but are not limited to, acts of God or of the public enemy, acts of the government in
either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the
control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure
arises out of causes beyond the control of subgrant recipient and consultant, and without fault or
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 14
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
negligence of either of them, the subgrant recipient shall not be deemed in default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or services from
other sources, and
(3) The subgrant recipient failed to reasonabiy comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such
failure, and if the Department determines that any failure to perform was occasioned by one or more said
causes, the delivery schedule shall be revised accordingly.
19. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes
all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the
same terms and conditions set forth in the initial contract. 0 nly 0 ne extension 0 f the contract shall be
acceptable, unless failure to complete the contract is due to events beyond the control of the contractor.
20. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes. These include,
but are not limited to:
a. Changes in project activities, target populations, service providers, implementation schedules, designs or
research plans set forth in the approved agreement;
b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds
between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the
total approved budget and the transfer is made to an approved budget item; or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by
the Department. Transfers do not allow for increasing the quantitative number of items documented in any
approved budget item, I.e., increasing the quantity of equipment items in Operating Capital Outlay or
Expense categories, or staff positions in the Salaries and Benefits category.)
d. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes, disagreements or
questions of fact arising under this agreement and shall distribute its response to all concerned parties. The
subgrant recipient shall proceed diligently with the performance of this agreement according to the
Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within
twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to
appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures setforth
in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under Chapter 120, Florida Statutes.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a representative of the
Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege
of visiting the project site to monitor, inspect and assess work performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of
Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to
books, documents, papers and records of the subgrant recipient, implementing agency and contractors for
the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of
FOLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 15
OCJG - 005 (rev. April 2004)
Rule 11D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
Justice Common Rule for State and Local Governments.
b. The Department reserves the right to unilaterally terminate t his agreement if the subgrant recipient,
implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the
subgrant recipient or its contractor in conjunction with this agreement.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date
of the final financial statement and be available for audit and public disclosure upon request of duly authorized
persons.
25. Signature Authority
Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the
authority to request changes to the approved agreement. The prior mentioned individuals have authority to
sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has
authority to submit requests for approval of specific travel, Financial and Performance Reports, with the
exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the
Subgrant Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some other person
signature authority for him/her, the chief officer or elected official must submit to the department a letter or
resolution indicating the person given signature authority. The letter indicating delegation of signature authority
must be signed by the chief officer or eiected official and the person receiving signature authority. The letter
must also specify the authority being delegated.
27. Personnel Changes
Upon impiementation of the project, in the event there is a change in Chief Executive Officers for the
Subgrantee or Implementing Agency, Projecl Director, or Contacl Person, the OCJG must be notified in writing
with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by law for
employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply.
a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for
15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline;
and all persons working under contract who have access to abuse records are deemed to be persons and
positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S.,
using the level 2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be required to
undergo security background investigations as a condilion of employment and continued employment. For
the purposes of the subsection, security background investigations shall inciude, but not be limited to,
employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal
and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal
records checks through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and who refuses to
cooperate in such investigation or refuses to submit fingerprints shall be disqualified for empioyment
in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense ofthe empioying agency. When
fingerprinting is required, the fingerprints of the employee or applicant for employment shall be
taken by the employing agency or by an authorized law enforcement officer and submitted to the
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 16
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
Department of Law Enforcement for processing and forwarding, when requested by the employing
agency, to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the
fingerprints.
29. Drug Court Projects
a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office,
program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be
obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient
a9rees that drug court programs funded with this award shall collect and maintain follow-up data on
criminal recidivism and drug use relapse of pro9ram participation. The data collected must be avaiiable to
U.S. DOJ and FDLE upon request.
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department
of Justice encourages consultation with ali allied components of the criminal justice system in the affected
jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased
court dockets and the need for detention space.
31. Criminal Intelligence System
a. The purpose of the federal regulation published in 28 C FR Part 23 - Criminal Intelligence Systems
Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of
operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42
U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional
rights of individuals.
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that
they operate a criminal intelligence system in accordance with Sections 8021a) and BIBlc) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 2B CFR
Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's
Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this
agreement.
c. This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and
does not meet Act and federal regulation criteria, they must indicate when they plan to come into
compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in
compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is
responsible for the continued adherence to the regulation governing the operation of the system or faces
the loss of federal funds. The Department's approval of the subgrant recipient agreement does not
constitute approval of the subgrant-funded development or operation of a criminal intelligence system.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read, understands,
and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's
Financial Guide is required from all projects that are involved with confidential funds from either Federal or
matching funds. The signed certification must be submitted at the time of grant application.
33. Equal Employment Opportunity (EEO)
a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be
refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of
the Civil Rights Act of 1 964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the
Education Amendments of 1972; The Age Discrimination Act of 1975: and, Department of Justice Non-
Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H.
FDLE Byrne Formula Grant Application Package
Grant Application
Section II - Page 17
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet
EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets
Act of 1968, as amended and that they have or have not formulated, implemented and maintained a
current EEO Program. Submission of this certification is a prerequisite to entering into this agreement.
This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated,
implemented and maintained such a current written EEO Program, they have 120 days after the date this
agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the
Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803
(a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information).
c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an
aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have
approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its
EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper
copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two
previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a
copy of its approval letter from the OCR. However, if the EEO Plan approvai is more than two years old, an
updated Plan must be submitted.
d. In the event a Federal or State court of Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-
336, which prohibits discrimination by public and private entities on the basis of disability and requires certain
accommodations be made with regard to employment (Title I), state and local government services and
transportation (Title II), publiC accommodations (Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section
274A(e) olthe Immigration and Nationality Act ("INA"). The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant
recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this contract by the Department.
36. National Environmental Polley Act (NEPA)
a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental
impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following
new activities whether or not they are being specifically funded with these subgrant funds. That is, it
applies as long as the activity is being conducted by the subgrantee or any third parly and the activity
needs to be undertaken in order to use these subgrant funds,
(1) New construction;
(2) Minor renovation or remodeling of a properly either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 100-year flood plain;
(3) A renovation,lease, or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or educational environments.
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 18
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the
subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to
cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that
funded program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR.
Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to
certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by
the Department.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall
file the most current edition of the Certification And Disclosure Form, if applicable, with each submission
that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative
agreement of $100,000 or more; or federal loan of $150,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when this agreement
was made. Submission of this certification is a prerequisite to entering into this agreement subject to
conditions and penalties imposed by Secfion 1352, Title 31, Unifed States Code. Any person who fails to
file the required certification is subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each failure to file.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federally appropriated funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer or empioyee of any federal agency, a member of congress, an officer
or employee of congress, or an employee of a member of congress in connection with the awarding of
any federal loan, the entering into of any renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
(2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to
influence an officer or employee of congress, or an employee of a member of congress in connection
with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and
submit the standard form, Disclosure of Lobbvina Activities, according to its instructions.
(3) The undersigned shall require that the language ofthis certification be included in award documents
for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the
expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this
contract.
40. "Pay -to-Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no
funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this
condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It
does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a
program by which extraordinary services, amenities and/or accommodations, not otherwise available to the
general inmate population, may be provided, based upon as offender's apparent ability to pay, such that
disparate conditions of confinement are created for the same or similar offenders within a jurisdiction.
41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine
Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with
FDLE Byrne Formula Grant Application Package
Grant Apptlcatlon
Section tI - Page 19
OCJG - 005 (rev. April 2004)
Rule 11 D-9.00S
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
this condition, which provides for individual site environmental assessment/impact statements as required under
the National Environmental Policy Act.
a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental,
health and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes
used in or resulting from the operation of these laboratories.
b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving
the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse
health, safety and environmental impacts to (1) the law enforcement and other governmental personnel
involved: (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory:
(3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining
chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety
and environmental impacts from any of clandestine methamphetamine operations funded under this award, it
will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding
to include funding, as necessary, beyond that provided by this award; and (3) implement these protective
measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may
implement these protective measures directly through the use of its own resources and staff or may secure the
qualified services of other agencies, contractor or other qualified third party.
1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure
or closure If of clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training
for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or
closure of clandestine methamphetamine laboratories;
3. As determined by their specific duties, equip personnel assigned to the project with OSHA required
protective wear and other required safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed
laboratory;
5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment,
and contaminated materials and wastes from the site{s) of each seized clandestine laboratory;
6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the
sites 0 f seized I aboratories at properly I !censed disposal facilities 0 r, w hen a 1I0wable, properly
licensed recycling facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately
above in order to ensure proper compliance;
6. Have in place and implement an inter-agency agreement or other form 0 f commitment with a
responsible State environmental agency that provides for that agency's (i) timely evaluation of the
environmental conditions at and around the site of a closed clandestine laboratory and (ii)
coordination with the responsible party, property owner, or others to ensure that ant residual
contamination is remediated, if necessary, and in accordance with existing State and Federal
requirements; and
9. included among the personnel involved in seizing of clandestine methamphetamine laboratories, or
have immediate access to, qualified personnel who can respond to the potential health needs of any
offender(s)' children or other children present or living at the seized laboratory site. Response
actions should include, at a minimum and as necessary, taking children into protective custody,
immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up
medical tests, examinations or health care.
FDLE Byrne Formula Grant Application Package
Grant Application
Section II - Page 20
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
42. Limited English Proficiency
National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To
ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to
ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing
language assistance services, including oral and written translation when necessary. The U.S. Department of
Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document
can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-
0690, or by writing to the following address:
Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 21
OCJG - 005 (rev. April 2004)
Rule 110-9.006
lYl'-;')::>c1g~
Page J 01 ..
Turner, Michael
From; Tooley, Vaughn E. (DHS) [Y1116@miamidade.gov]
Sent: Wednesday, June 30, 2004 11 :08 AM
To: Turner, Michael
Subject: Emailing; matter
Michael-- I went ahead and e-mailed to you instead of FAXing, it's cleaner.------Vaughn
~
Miami-Dade Legislative Item
File Number: 031969
o Download Adobe Reader I'
PrinJ~ble PQF Format
File Number: 031969 File Type: Resolution Status: Adopted
Version: 0 Reference: R-817-03 Control: County Commission
File Name: ANTI-DRUG ABUSE ACT FUNDING Introduced: 6/30/2003
Requester: Human Services Cost: Final Action: 7/22/2003
Department
Agenda Date: 7/22/2003 Agenda Item Number: 3F1C
Notes: PROCESS Title: RESOLUTION RATIFYING THE COUNTY MANAGER'S ACTION
BY EG IN APPLYING FOR, RECEIVING, AND EXPENDING ANTI-DRUG
ABUSE ACT FUNDS THROUGH THE LOCAL SHARE EDWARD
BYRNE STATE AND LOCAL LAW ENFORCEMENT
ASSISTANCE FORMULA GRANT FUNDS ADMINISTERED
THROUGH THE STATE OF FLORIDA, DEPARTMENT OF LAW
ENFORCEMENT FOR THE IMPLEMENTATION OF CRIMINAL
JUSTICE PROJECTS; AND TO EXECUTE AGREEMENTS
Indexes: DRUGS Sponsors: NONE
Sunset Provision: No Effective Date:
Registered Lobbyist: None Listed
Expiration Date:
Legislative History
Acting Body
Date
Agenda
Item
Action Sent To
Due Date Returned Pass/Fail
6/30/2004
~/-,4-
t'agc.:. ot -+
Board of County
Commissioners
7/22/2003 3F1 C
Adopted
p
County Manager
6/30/2003
Assigned Barbara
Jordan
6/30/2003
County Manager
6/30/2003 Assigned County
Attorney
DHS-(NO COMMITTEE- CONSENT ITEM)
7/22/2003
REPORT:
County Attorney
6/30/2003
Assigned Marcia G.
Cooke
6/30/2003
Legislative Text
TITLE
RESOLUTION RATIFYING THE COUNTY MANAGER'S ACTIONS IN APPLYING FOR,
RECEIVING, AND EXPENDING ANTI-DRUG ABUSE ACT FUNDS THROUGH THE LOCAL
SHARE EDWARD BYRNE STATE AND LOCAL LA W ENFORCEMENT
ASSISTANCE FORMULA GRANT FUNDS ADMINISTERED THROUGH THE STATE OF
FLORlDA, DEPARTMENT OF LAW ENFORCEMENT FOR THE IMPLEMENT A TION OF
CRlMINAL JUSTICE PROJECTS; AND TO EXECUTE AGREEMENTS
BODY
WHEREAS, this Board desires to accomplish the purpose outlined in the accompanying memorandum
a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORlDA, that this Board ratifies the County Manager's action in applying
for Anti-Drug Abuse Act funds through the Local Share Edward Byrne State and Local Law
Enforcement Assistance Formula Grant funds in the amount of$I,61 1,144 administered through the
State of Florida, Department of Law Enforcement for the implementation of criminal justice projects to
reduce the production, transfer and use of controlled substances, reduce the incidence of drug-related
crimes, and initiate criminal justice system improvements; authorizes the County Manager to execute
such contracts and agreements as are required by this governmental body following their approval by
the County Attorney's Office; to execute such other contracts as will serve to further the purposes
described in the funding request, following their approval by the County Attorney's Office; to expend
any and all monies received for the purpose described in the funding request;
to receive and expend any additional funds that may become available during the term of the grant; to
file and execute any amendments to the application for and on behalf of Miami-Dade
County, Florida; and to exercise amendment, modification, renewal, cancellation and termination
clauses of any contracts and agreements on behalf of Miami-Dade County, Florida.
6/30/2004
?1-8
..-----:;:0-
r<.i:;t: _, U1.....
HEADER
To: Honorable Chairperson and Members Date:
Board of County Commissioners
From: George M. Burgess SUBJECT: Resolution Ratifying the
County Manager County Manager's Actions in
Applying for, Receiving, and
Expending Anti-Drug Abuse
Act Funds through the State of Florida, Department of
Law Enforcement
STAFF RECOMMENDA nON
It is recommended that the Board approve the attached resolution ratifying the County Manager's
action to apply for, receive, and expend Anti-Drug Abuse Act funds through the Local Share Edward
Byrne State and Local Law Enforcement Assistance Formula Grant funds administered through the
State of Florida, Department of Law Enforcement. The federal award of$I,61I,144 combined with
the required local match funds ($537,048) will continue funding ($2,148,192) for the local Drug
Control and System Improvement Program, effective October 1,2003 through September 30,2004.
The required local cash match for the County's portion of these dollars is $443,227 and will be
provided by the Miami-Dade Police Department Law Enforcement Trust Fund. The participating
jurisdictions will provide their respective cash match, as required, totaling $93,821. This is a
continuation application.
MANAGER'S BACKGROUND
This year, the State of Florida anticipates the FY 2004 award from the United States Department of
Justice to be $15,441,275 for Anti-Drug Abuse Act funds through the Local Share Edward
Byrne State and Local Law Enforcement Assistance Formula Grant funds. Administered by the State
of Florida, Department of Law Enforcement and awarded to local units of government, these funds are
used to implement criminal justice projects designed to reduce drug-related crime and violence, and
initiate criminal justice system improvements. Miami-Dade County's application
for $1,611,144 will fund continuation of the County's Drug Control and System Improvement Program,
which includes 16 participating municipalities and the Miami-Dade County Schools
Police, along with Miami-Dade County. The local cash match for the County's portion of these grant
funds ($443,227) will be provided by the Law Enforcement Trust Fund, with participating
municipalities and agencies providing their respective portions of the cash match as required.
In addition to Byrne Grant Administration, this application provides funding for an additional nine (9)
project areas: I) The Juvenile Assessment Center, 2) Teachers Teaching Prevention, 3) Intensive
DaylNight Treatment Project, 4) School Resource Officer Project, 5) Criminal Justice Records
Improvement Project, 6) Domestic Violence Project, 7) Miami-Dade County Public Schools Police
6/30/2004
2:/- c...
- - - - ~--o-
Page 4 ot 4
Project, 8) Miami-Dade Police Department GREAT Project, and 9) Dade County Association ofChIds
of Police Technology Enhancement Project.
Total funding for this project, including both federal and local dollars, is $2,148,192 of which
$1,772,906 is the County's portion. The six County programs included are three Department of Human
Services projects: 1) Byrne Grant Administration, 2) Intensive DaylNight Treatment Project, 3)
Teachers Teaching Prevention; the Juvenile Assessment Center, the Miami-Dade Police Department
GREAT Project, and the Miami-Dade Police Department's portion of the Dade Chiefs Association
Technology Enhancement Project. Of the $2,148,192 grant, approximately $214,819 (10%) is for
administration and balance is for direct service provision as allowed for in the grant.
o
tfome I ~gendas I ~iilll~J; I J,.eoislative Searf!! I b.~bvist Recistration I ~gll!i@tive R~PCl~
20Q;LBCC Meeting _C_~endar I Miami-Dad.!!' Coun!Y.J&~of Ordinanc~s_~
Home I Usina OUf SlIe I About 1 ehone DirectQ!y' I Pri~ I Qi$S;;LC!Lr:n~I
E-mail your comments. questions and suggestions to Webmasler
Web Site (t) 2004 Miami-Dade County.
All rights reserved.
6/30/2004
~-o
MEMORANDUM
OFFICE OF THE COUNTY MANAGER
jr r:{~ ~:: {" ~~~~~- .';~.i-
J II ~~~,.J'L,,: ';l =~..f
I
I J' \ .) :: "'.... .
\.J 1....11 .... v ~ ~ _'~
/'~F;CE:" C?".:::i"l "0-': C" . -. j
1. _~.~..~,,..,,;.jl
TO:
Kay Sullivan, Director
Clerk of the Board Division
Gro,~
Coun~11anager
DATE: June 3, 2004
SUBJECT: Administrative Order 2-3
-
FR011:
This memo authorizes the following staff members to sign documents and agreements, which
have been reviewed by the Coun~ Attorney as to form and legal sufficiency, and approved by
official action of the Board of Coun~ Commissioners.
c~~ Ar!&.l
Special Assistant Assistant Coun~ Manager
Strategic Management Initiatives
~~r~.R
Assistant Coun~ Manager
~
Pedro G. Hernandez
i:'" M_gcr
~lin: T. Hu~F RtaK
/ Assis nt Coun~ Manager
Gn
~
Joseph A. Ruiz, Jr.
Assistant County 11anager
Jii41k
Susanne 11. Torriente
Assistant Coun~ Manager
Rev. 06/03/2004
Office of the County Manager 111 NW 1 " Street, Suite 2910
Miami, Florida 33128
Miami-Dade County
,
u- e:-
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUBGRANTEE CERTIFICA TlON
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . .
(Select one of the following):
M-Meets Act Criteria
_Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I
understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and
maintain a written EEO Plan relating to employment practices affecting minority persons and
women. I also affirm that the Subgrant Recipient. . . (Select one of the following):
_Has a Current EEO Plan
Does Not Have a Current EEO Plan
xx Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO
Plan, federai law requires it to formulate. implement, and maintain such a Plan within 120 days after a
subgrant application for fed ral assistance is approved or face loss of federal funds.
(p
Type Name: Georqe M. Suroess
Title: Countv Manaqer
Subgrant Recipient: Miami-Dade County
Date ~ /4- !~O'l-
FDLE Byrne Formula Grant Application Package
Grant AppUcation
Section 11- Page 22
OCJG - 005 (rev. April 2004)
Rule 11O.9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Prooram
IMPLEMENTING AGENCY CERTlFICA TlON
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . .(Se/ect one of
the following):
xx Meets Act Criteria
_Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I
understand that if the Implementing Agency meets these criteria, it must formulate, implement and
maintain a written EEO Plan relating to employment practices affecting minority persons and
women. I also affirm that the Implementing Agency. . . (Select one of the following):
Has a Current EEO Plan
_Does Not Have a Current EEO Plan
Is Included in the EEO Plan of the Subgrant Recipient.
XX Has included a copy of the current approval letter from the US DOJ
i further affirm that if the Implementing Agency meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Pian within 120 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
Type Name: Dean Taylor, Sr.
Name of Subgrant Recipient: Miami-Dade County
Name of Implementing Agency: Miami-Dade County DeDt. of Human Services
Title: Director, Miami-Dade County DeDt. of Human Services
Date: c;, /4 !1.AJDk
FDLE Byrne Formula Grant Application Package
Rule 11 D-9.006
Grant Application
Section 1/. Page 23
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
H. Signature Page
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
Signature: o ])0.; ~ ~. Ul1 OJ)~
Typed Name and Title: Clavton H. Wilder. Community Proqram Administrator
Date: ~ -7~-1i 'f
Subg,ant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Typed Name of Subgrant Recipient: Miami-Dade County
Signature: ~~, c........ 2
~v
~Typed Name and Title: Georoe M. Buroess. County Manaoer
Date: G:> 1-1 /, .f)~'t
Implementing Agency
Official, Administrator or Designated Representative
Typed Name of Implementing Agency: Miami-Dade County Dent. of Human Services
r -=:t ZL ~
Signature: /
Typed Name and Title: D an Tavlor~ Sr.. Director
Date: 0/4- /1AJ() 1
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 24
OCJG - 005 (rev. April 2004)
Rule 110-9.006
ATTACHMENT B
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Drug Control and System Improvement Formula Grant Program
Quarterly Project Performance Report
RECORD IMPROVEMENT PROJECT
PURPOSE AREA 15B
(City)
(Project Name)
(Name of Person Completing Fonm)
(Title)
(Phone)
STATE ID NUMBER: 04-CJ-K3-11-23-01-048
GRANT NUMBER: HSB475
Reoort Number Quarterlv Period ReDort Due Dates
1 October 1 - December 31 Januarv 15
2 Januarv 1 - March 31 Aoril15
3 ADril 1 - June 30 July 15
4 JulY 1 - SeDtember 30 October 15
Report Number
QuarterlY Period
Report Due Dates
Note: Those questions that are directly related to your program have been highlighted for your
convenience. All questions must be answered and explained in the NARRATIVE portion ofthls report.
Any report not received by January 16; April 16; July 16; and/or October 16, will result In the issuance
of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests.
FY2005 Quarterly Project Report
Criminal Justice Information System 15B
Record Improvement Project
I. During this reporting period, was a written plan of action to improve your department's criminal
'ustice records s stem develo ed and/or revised? Y IN
2. During this reporting period, did you purchase equipment and/or supplies to improve the
effectiveness of a ens? YIN In the report narrative, briefly describe the quantities and types of
e ui ment and/or su lies ordered, shi ed, delivered, and the location s) ofrecei t.
3. During this reporting period, did you purchase equipment and/or supplies in conducting a
criminal justice information system project? YIN In the report narrative, briefly describe the
quantities and types of equipment and/or supplies ordered, shipped, delivered, installed, and in
use, includin the location(s) ofrecei t.
4. During this reporting period, did you establish a host site and companion host site for felony pre-
file conferences? YIN In the project narrative, briefly describe your progress in completing this
ro' ect activi .
5.
During this reporting
departments? Y IN
de artments, if an .
period did you share your host site with other municipal police
In the report narrative, indicate the number and names of police
6. During this reporting period, how many felony pre-file conferences did you conduct using video
technology? Y IN In the report narrative, estimate and report the total amount of officer "down
time" ou believe the 0 eration of this re-file center saved.
PROGRAM NARRATIVE
In accordance with FDLE, all projects must include a detailed description of program
activities for each quarter. Jurisdictions failing to complete this portion of the report
will be "Out of Compliance" in addition to a denial of reimbursement requests.
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(To Be Copied on Jurisdiction Letterhead)
Ci :
Date of Claim:
Pro' ect Name:
Claim Number:
Tele hone:
Claim Period:
Name of Person Completing Form:
1. Total Federal Budget $
2. Amount This Invoice $
(75% of your current claim)
3. Amount of Previous Invoices $
4. Remaining Federal Balance $
(Subtract lines 2 & 3 from line 1)
Sub Object
Code
Budget
Categories
Line Item
Disallowed
Exceeds
Budget
Federal
Funds
Local
Match
Category
Totals
Salaries &
Benefits
Contractual
Services
Operating/
Capital Equipment
Expenses
Total Claim
We request payment in accordance with our contract agreement in the amount of 75% of the Total Costs for this
Claim $ (75%), the balance of costs, $ (25%), to be recorded as our in-kind contribution to
comply with the local match requirements.
Attached, please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and
none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within
the contractual scope of services and all of the goods and services have been received. for which reimbursement is requested.
Respectfully submitted,
Chief of Police/Other City Official
Payment Approved, Miami Dade County
Miami Dade County Page 2 of 3
Dade Chiefs Technology Project
HSB475
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses
City: Date of Claim:
Project Name: Claim Number:
Name Date of Type of Total
OfficerlStaff Activitv Activity'" Hours
'"(Presentation, Parent Meeting, Field trip, etc.)
TOTAL HOURS AT$ . PER HOUR =$
I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $ IS CORRECT.
OFFICER/STAFF SIGNATURE:
OFFICER/STAFF SOCIAL SECURITY NUMBER:
CHIEF OF POLICE/CITY OFFICIAL SIGNATURE:
I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED:
(School Principal)
Note: Payroll registers, time sheets and 01 slips, documenting payroll eXDenses, must be attached to Drocess this pavment.
Miami Dade County Page 3 of 3
Dade Chiefs Technology Project
HSB475
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Equipment, Supplies, Material Expenses)
City: Date of Claim:
Project Name: Claim Number:
Item Date Check
Vendor Descriotion Paid Number Amount
.
TOTAL AMOUNT OF EXPENSES:
NOTE: Copies of all invoices and cancelled cheeks for this request must be attached to process payment.
A TT ACHMENT C
ATTACHMENT C
DEPARTMENT OF HUMAN SERVICES
BYRNE GRANT ADMINISTRATION
MIAMI-DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N/ A" all affidavits that do not pertain to this contract. All
blank spaces must be filled.
The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT:
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE F AMIL Y LEAVE
AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the
State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not it pertains to this contract.
I, JOHN ROSS. as President , being first duly sworn state:
Affiant
DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE
The full I egal name and business address 0 f the person(s) or entity contracting or transacting business with
Miami-Dade County are (Post Office addresses are not acceptable):
59-2335562
Federal Employer Identification Number (If none, Social Security)
Name of Entity, Individual(s), Partners, or Corporation
John Ross
Doing Business As (if same as above, leave blank)
Street Address
City
State
Zip Code
NA I. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code)
I. If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly
five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. If the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded
corporations or to contracts with the United States or any department or agency thereof, the State or
any political subdivision or agency thereof or any municipality of this State. All such names and
addresses are (Post Office addresses are not acceptable):
Full Legal Name
Address
Ownership
%
%
%
lof5
2. The full legal names and business address of any other individual (other than subcontractors.
material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
N/A
3. Any person who willfully fails to disclose the infonnation required herein, or who knowingly
discloses false infonnation in this regard, shall be punished by a fine of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty (60) days or both.
NAIL MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-
133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require
the entity contracting or transacting business to disclose the following infonnation. The foregoing
disclosure requirements do not apply to contracts with the United States or any department or agency
thereof, the State or any political subdivi~ion or agency thereof or any municipality of this State.
I. Does your finn have a collective bargaining agreement with its employees?
Yes No
2. Does your finn provide paid health care benefits for its employees?
Yes No
3. Provide a current breakdown (number of persons) of your finn's
work force and ownership as to race, national origin and gender:
White:
Black:
Hispanics:
Males
Males
Males
Males
Females
Females
Females
Females:
Asian:
American Indian:
Aleut (Eskimo):
Males
Males
Males
Males
Females
Females
Females
Females
NA III. AFFIRMATIVE ACTIONfNONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.)
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract,
have: i) a written affIrmative action plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate in its employment and promotion practices; and ii) a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women-owned businesses in its own procurement of goods, supplies and services. Such affinnative
action plans and procurement policies shall provide for periodic review to detennine their effectiveness
in assuring the entity does not discriminate in its employment, promotion and procurement practices.
The foregoing notwithstanding, corporate entities whose boards of directors are representative of the
population make-up of the nation shall be presumed to have non-discriminatory employment and
procurement policies, and shall not be required to have written affinnative action plans and procurement
policies in order to receive a County contract. The foregoing presumption may be rebutted.
20f5
The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the Board
of County Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of $5,000,000.
The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is
representative of the population make-up ofthe nation and has submitted a written, detailed
listing of its Board of Directors, including the race or ethnicity of each board member, to the
County's Department of Business Development, 175 N.W, 1st Avenue, 28th Floor, Miami.
Florida 33128.
The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, a nd has submitted t he plan a nd policy to the County's
Department of Business Development 175 N.W. I" Avenue, 28th Floor, Miami, Florida
33128;
The firm does not have an affirmative action plan and/or a procurement policy as described
above, but has been granted a waiver.
NAIV. MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County _ has _
has not as of the date of this affidavit been convicted ofa felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County _ has _ has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
!fAY. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No.
92-15 codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above
named person or entity is providing a drug-free workplace. A written statement to each employee
shall inform the employee about:
I. danger of drug abuse in the workplace
2. the firm's policy of maintaining a drug-free environment at all workplaces
3. availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92- 15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding
which is provided in whole or in part by the United States or the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those governmental entities.
3of5
NAVI.
MIAMI-DADE EMPLOYMENT F AMIL Y LEAVE AFFIDAVIT (County Ordinance No.
142-91 codified as Section IIA-29 et. seq of the County Code)
That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida. an
employer with fifty (50) or more employees working in Dade County for each working day dUrIng
each of twenty (20) or more calendar work weeks, shaU provide the foUowing infonnation in
compliance with aU items in the aforementioned ordinance:
An employee who has worked for the above finn at least one (I) year shaU be entitled to ninety (90)
days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of tennination of employment or employer retaliation.
The foregoing requirements shaU not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however, pertain to municipalities of this State.
!!lA. VII. DISABILITY NON-DISCRIMINATION AFFIDA VII (County Resolution R-385-95)
That the above named finn, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with aU applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.c.
12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29
U.S.c. Section 794; The Federal Transit Act, as amended 49 U.S.c. Section 1612; The Fair Housing
Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to
contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State.
NA VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2-8.I(c) of the County Code)
Except for smaU purchase orders and sole source contracts, that above named finn, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes .- including b ut not I imited to real and
property taxes, utility taxes and occupational licenses -- which are collected in the nonnal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the finn, corporation, organization or individual have been paid.
NAIX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
40f5
_x. PROJECT FRESH START (Resolutions R-702-98 and 358-99)
Any firm that has a contract with the County that results in actual payment of $500,000 or more shall
contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent
(5%) of the firm's work force consists of individuals who reside in Miami-Dade County and who have
lost or will lose cash assistance benefits (formerly Aid to Families with Dependent Children) as a
result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may
request waiver from the requirements of R-702-98 and R-358-99 by submitting a waiver request
affidavit. The foregoing requirement does not pertain to government entities, not for profit
organizations or recipients of grant awards.
XI.
DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified At I1A-60 Et. Seq. of the
Miami-Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance,
Ordinance 99-5, codified at IIA-60 et. seq. of the Miami Dade County Code, which requires an
employer which has in the regular course of business fifty (50) or more employees working in Miami-
Dade County for each working day during each of twenty (20) or more calendar work weeks in the
current or proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and
have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/ A" all affidavits
that do not pertain to this contract.
By:
(Signature of Affiant)
JOHN ROSS
SUBSCRIBED AND SWORN TO (or affirmed) before me this
(Date)
day of
200_ by
JOHN ROSS
He/She is personally
known to me or has presented
(Type ofIdentification)
as identification.
(Signature of Notary)
(Serial Number)
(Print or Stamp of Notary)
(Expiration Date)
Notary Public - Stamp State of
Notary Seal
(State)
50f5
ATTACHMENT Cl
MUM/-DADE COUNTY FLORIDA
ATTACHMENT C1
Form A-12
Code of Business Ethics
In accordance with Resolution R-994-99 each person or entity that seeks to do business
with Miami-Dade County shall adopt the M iami.Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics as follows:
The Miami-Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an
ethical business climate for its members and the community by adopting a Code of Business
Ethics. Miami-Dade County/Greater Miami Chamber of Commerce encourages its members to
incorporate the principles and practices outlined here in their individual codes of ethics, which will
guide their relationships with customers, clients and suppliers. This Model Code can and should
be prominently displayed at all business locations and may be incorporated into marketing
materials. Miami-Dade County/Greater Miami Chamber of Commerce believes that its members
should use this Code as a model for the development of their organizations' business codes of
ethics.
This Model Code is a statement of principles to help guide decisions and actions based on respect
for the importance of ethical business standards in the community. Miami-Dade County/Greater
Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the
responsibility of every business and professional organization.
By affixing a signature in the Proposal signature page, Form A-12, the Proposer hereby
agrees to comply with the principles of Miami-Dade County/Greater Miami Chamber of
Commerce Code of Business Ethics. 1ft he Proposer firm's code varies in any way the
Proposer must identify the difference(s) on a separate document attached to Form A-12.
Compliance with Government Rules and ReQulations
. We the undersigned Proposer will properly maintain all records and post all licenses and
certificates in prominent places easily seen by our employees and customers;
. In dealing with government agencies and employees, we will conduct business in accordance
with all applicable rules and regulations and in the open;
. We, the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission, the Office of Inspector General or appropriate
law enforcement authorities.
Recruitment. Selection and Compensation of Contractors. Consultinq, Vendors. and Suppliers
. We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when
identified;
. Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick
back any portion of a contract payment to employees of the other contracting party or accept
such kickback.
10/5/2004 Page 1 of 3
MIAMI-DADE COUNTY, FLORIDA
Business AccountinQ
All our financial transactions will be properly and fairly recorded in appropriate books of
account, and
there will be no .off the books" transactions or secret accounts.
Promotion and Sales of Products and Services
Our products will comply with all applicable safety and Quality standards;
. We, the undersigned Proposer will promote and advertise our business and its products or
services in a manner that is not misleading and does not falsely disparage our competitors;
. We, the undersigned Proposer will conduct business with government agencies and employees
in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism
are unacceptable;
. Our proposal will be competitive, appropriate to the request for proposals/qualifications
documents and arrived at independently;
. Any changes to contracts awarded will have a substantive basis and not be pursued merely
because we are the successful Proposer.
. We, the undersigned Proposer will, to the best of our ability, perform government contracts
awarded at the price and under the terms provided for in the contract. We will not submit
inflated invoices for goods provided or services performed under such contracts, and claims
will be made only for work actually performed. We will abide by all contracting and
subcontracting regulations.
We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise
channel kickbacks from contracts awarded, to government officials, their family members or
business associates.
. We, the undersigned Proposer will not seek or expect preferential treatment on proposals
based on our participation in political campaigns.
Public Life and Political Camoaions
. We, the undersigned Proposer encourage all employees to participate in community life, public
service and the political process to the extent permitted by law;
. We, the undersigned Proposer encourage all employees to recruit, support and elect ethical
and qualified public officials and engage them in dialogue and debate about business and
community issues to the extent permitted by law;
. Our contributions to political parties, committees or individuals will be made only in accordance
with applicable laws and will comply with all requirements for public disclosure. All contributions
made on behalf of the business must be reported to senior company management;
. We, the undersigned Proposer will not contribute to the campaigns of persons who are
convicted felons or those who do not sign the Fair Campaign Practices Ordinance.
10/5/2004 Page 2 of 3
MIAMI-DADE COUNT}; FLORIDA
. We, the undersigned Proposer will not knowingly disseminate false campaign information or
support those who do.
Pass-throuqh Requirements
. This Code prohibits pass-through payments whereby the prime firm requires that the MBE firm
accepts payments as an MBE and passes through those payments to another entity;
Rental Space. Equipment and Staff Requirements or Flat Overhead Fee Reauirements
. This Code prohibits rental space requirements, equipment requirements, staff requirements
and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent
space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of
space, equipment, secretary, etc;
MBE Staff Utilization
. This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is
necessary and then utilizing the MBE staff for other work to be performed by the prime firm.
This Code also requires that on any contract where MBE participation is purported, the contract shall
specify essential terms including, but not limited to, a specific statement regarding the percent of
participation planned for MBEs, the timing of payments and when the work is to be performed.
By:
(Signature of Affiant) JOHN ROSS
(Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this
day of
200_ by
JOHN ROSS
. He/She
is personally known to me or has presented
(Type of Identification)
as identification.
(Signature of Notary)
(Serial Number)
(Print or Stamp of Notary)
(Expiration Date)
10/5/2004
Page 3 of 3
ATTACHMENT C2
Attachment C2
MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Ordinance 93-129, Section 1)
I, being duly first sworn, upon oath deposes and says that the bidder of this
contract or his agents, officers, principals, stockholders, subcontractors or their
affiliates are not debarred by Miami-Dade County.
By:
(Signature of Affiant)
JOHN ROSS
(Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this
day of
200_ by
JOHN ROSS
. He/She
is personally known to me or has presented
(Type ofIdentification)
as identification.
(Signature of Notary)
(Serial Number)
(Print or Stamp of Notary)
(Expiration Date)
Notary Public - Stamp State of
Notary Seal
(State)
5/01
ATTACHMENT C3
Attachment C3
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
I. This sworn statement is submitted to Miami-Dade County
by JOHN ROSS, President
(print individual's name and title)
for DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE
(print Name of entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer Identification Number (FEIN) is 59-2335562
If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges hrought by
indictment or information after July I, 1989, as a result of a jury verdict, non jury trial, or entry of a
plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under
the control of any natural person who is active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
1012
5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means an)'
natural person or entity organized under the laws of any state or of the United States within the legal
power to enter into a binding contact and whicb bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, executives, partners, sharebolders,
employees, members, and agents who are active in management of an entit)'.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate wbicb statement applies.)
_Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, s barebolders, employees, members, 0 r a gents w bo are active i n tbe management 0 f t be
entity, nor any affiliate of tbe entity has been cbarged witb and convicted of a public entity crime
subsequent to July 1, 1989.
_ Tbe entity submitting tbis sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, 0 r a gents who are a clive in the management 0 f t he
entity, nor any affiliate of the entity has been charged witb and convicted of a public entity crime
subsequent to July 1, 1989. However, there bas been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
tbe Hearing Officer determined that it was not in tbe public interest to place the entity submitting
tbis sworn statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
JOHN ROSS
Sworn to and subscribed before me tbis
Personally known
OR Produced Identification
day of
,20_.
Notary Public - State of
My commission expires
(Type of Identification)
(Printed typed or stamped commissioned name of notary
public)
20f2
ATTACHMENTD
A TT ACHMEl'iT D
MIAMI-DADE DEPARTMENT OF HUMAN SERVICES
BYRNE GRANT ADMINISTRATION
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97-104)
Name of Organization:
Address:
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit the list of first tier
subcontractors or sub-consultants who will perform any part of the Scope of Services Work, if this
Contract is for $100,000 or more.
The Provider must complete this information. If the Provider will not utilize subcontractors, then the
Provider must state "No subcontractors will be used"; do not state "N/A".
NAME OF SUBCONTRACTOR OR SUB-CONSULTANT
ADDRESS
CITY AND STATE
No subcontractors will be used.
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit a list of suppliers
who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or
more.
The Provider must fill out this information. If the Provider will not use suppliers, the Provider must
state "No suppliers will be used", do not state "N/A".
NAME OF SUPPLIER
ADDRESS
CITY AND STATE
No suppliers will be used,
I hereby certify that the foregoing information is true, correct and complete:
S. JA h . dR . JOHN ROSS
zgnature OJ ut orzze epresentatlve:
President:
Title: Dade County Assoc. of Chiefs of Date:
Police
Firm Name:
Fed. ID No. 59-2335562
Address:
Telephone: ( )
City/ State/Zip:
Fax: ( )
E-mail:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, ICM -
City Manager
BY:
Joanne Carr, AICI(jt
Planning Director .
DATE:
November 1 , 2004
SUBJECT:
Request of Summit Properties Partnership L.P.
for Final Plat Approval Marina Del Rey Second
Revised (02-SUB-05)
November 9, 2004 City Commission Meeting Agenda Item (.. - f
RECOMMENDATION
It is recommended that the City Commission approve the "Marina Del Rey
Second Revised" Final Plat.
THE REQUEST
The applicant, Summit Properties Partnership L.P., is requesting Final Plat
approval of the subject property with the intent of replaUing Tract N to eliminate
2.08 acres of submerged land which was sold to Investura, LLC. (See Exhibit #1
for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Summit Properties Partnership, L.P.
LOCATION OF PROPERTY
3100 NE 190th Street
(See Exhibit #2 for Location Map)
SIZE OF PROPERTY
Approximately 10.71 gross acres
LEGAL DESCRIPTION
A replat of a portion of Tract N of Marina Del
Rey Revised (Plat Book 144, Page 89) lying in
the south % of Section 3, Township 52 South,
Range 42 East, City of Aventura, Miami-Dade
County, Florida (See Exhibit #3 for full legal
description)
DESCRIPTION
The applicant proposes to replat Tract N of the Marina Del Rey revised plat
located on the south side of N.E. 190 Street to the east of the intersection of N.E.
190 Street and N. E. 29 Avenue. The property has already been developed with
the multi-family apartment community known as the Summit Aventura.
This final plat is a replat of the revised Tract N for the purpose of eliminating 2.08
acres of submerged land which was sold to Investura, LLC. Investura is
concurrently replatting the submerged land in connection with its proposed
development Uptown Marina Lofts. This request is being made in order to
ensure that properties are subdivided in accordance with the platting and
subdivision regulations for the City of Aventura and Miami-Dade County.
On June 25, 2004, the City approved the tentative plat for the site. The tentative
plat was approved, with standard conditions, by Miami-Dade County on
September 10, 2004.
ANALYSIS
Site Plan - The final plat submitted for approval conforms with the approved
tentative plat.
Zoning - The site is zoned RMF3, Multi-Family Medium Density Residential
District, according to the City of Aventura Zoning Map. The existing apartment
development will remain unchanged with the approval of this plat.
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Town Center. The existing apartment development
will remain unchanged with the approval of this plat.
Access - The site may be accessed from the public road, N.E. 190 Street.
Access to the existing apartment community will remain unchanged with the
approval of this plat.
2
Application for Final PI:
Applicant: Summit Properties
Marina Del Rey Second Reyised
NARRATIVE
AND LETTER OF INTENT FOR
MARINA DEL REY SECOND REVISED
The applicant Summit Properties (the "Applicant"), submits this narrative describing in
detail the nature of this request for final plat approval.
NATURE OF REQUEST:
. This is a request to replat Tract N ofthe Marina Del Rey revised plat, as recorded in Plat
Book 144, Page 89 of the Public Records of Miami-Dade County (the "Plat"). The
remaining tracts contained in the Plat will not change.
. Under the existing plat, Tract N consists of 12.89 gross acres of land, with 3.27 acres of
such land is comprised of submerged land (water) (collectively, the "Propertv"). Under
the final plat enclosed herewith, Tract N consists of a total of 10.81 gross acres, and 1.19
acres of submerged land.
. Constructed on the "land" portion of Tract N is a portion of an existing multifamily
apartment complex known as the Summit A ventura. Tract N contains 199 multifamily
residential units.
. The Applicant is replatting Tract N to eliminate 2.080 acres of submerged land which
was sold to Investura, LLC (Investura is currently replatting the submerged land in
connection with its proposed development). The 2.080 acres of submerged land is the
cross-hatched/shaded area on the survey and final plat.
PURPOSE OF REQUEST:
. The purpose of such a request is to comply with City of A ventura Code of Ordinances
and Miami-Dade County Code of Ordinances relating to the subdivision of land.
. Approval of this final plat application will serve the public interest by ensuring that
properties are subdivided in accordance with the platting and subdivision regulations for
the City of Aventura and Miami-Dade County.
LEVELS OF SERVICE:
. The upland property has already been developed for multifamily use. Accordingly, the
levels of service for Tract N (less the 2.080 acres of submerged land) will remain
unchanged.
LOT AND PARCEL ANALYSIS:
. This request will eliminate 2.080 acres of submerged land from Tract N. Tract N will
remain as one parcel.
FTL267650.1
EXHIBIT #1
02-5UB-05
H'~ ~ .
'l'\'n"l"In~n'I\";'_~ "r'-'- - ~-
.W"'............,"'.........~ .... i
Gulfstr.am YAC T CLUB DR. -. D I
hn .:
MARINA .
COVE .
~/ WAY CIRCLE : I J
u.i 'Il~'i . I .
I > \l'lE.1'- .. ,
I <( ~p.: . -",
\ OS -.,--
\ Walenl'ays :" "
207 ST.
- I
. f
. .
!l)
: i~~-
" l
. ':fh...,~
t ('(I
!/In
ff: - '.::!J
III ·
::> .;i!f.'
Uo 'i~ctli,if ·
LOB J:: .
.
.
.gc:
<\. .
.
.
.
.
.
.
.
.
.
. ._ '-._ l 'J ,~....,> ',_, ..
. _.......~.--.'.........-,.....
. .
'.'~ ,-='",=-,.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
._. ........Ii........... ~
Maule .+ \ """\.
C ~ ........ g =- I(
r. ~ :-~.- l
\ \ t..... ... ('= EXHIBIT #2 1
02-SUB-05
BROWARD COUNTY
..-.-.-.-.
,
DADE COUNTY,'
,"
:"
:.
:~
:"
:"
:"
,"
:"
;.
:.
:"
:"
:'
:"
:"
:-
:"
:"
,"
IVES DAIRY RD. . :"
:"
,"
:.
:"
:.
:"
:'
:'
:"
:"
'.
:.
:"
:"
,"
:-
,"
:.
:.
:.
:-
'.
:.
:.
:'
:.
."
;'
:.
:'
:.
:.
..
.
~
J:
w
X
o
s:
MIAMI
GARDENS DR.
(
igJ
201 TER.
AVENTURA s01'"
Fir< I 0
Ruelle Awillura
Station library
Al'entura Mall
1925T.
1 ST.
~/"ni1nn's
Fosllioll ui
Island ~
0>
'"
Ut/le
Maule
fAl<<!
COUNTRY CLUB DR.
a:
o
m
::>
..J
o
>-
11:.
I-
Z
::>.
o
o
Tumlx-rry Isle
Resort &. Club
/t'\.
L-d
/~.
C j
"'---.
SITE
/
188 ST.
Dunifound/ing
Bay
ci
~
m
z
jfj
o
o
192 ST.
g
<II
:z
jfj
8
Adamic
Ocean
LEGEND
e
......
Roadways
City Boundary
ZIP Code Boundary
Railroad
LEGAL DESCRIPTION
ALL OF TRACT "N" of MARINA DEL REY REVISED, according to the Plat thereof, as
recorded in Plat Book 144, Page 89, of the Public Records of Public Records of Miami-
Dade County, Florida, less the following Described Parcel:
Commence at the Northwest Corner of said Tract N; thence run S02024'12"E along the
West line of said Tract N for 326.46 feet; thence run N87030'OO"E along the South line of
said Tract N for 211,62 to THE POINT OF BEGINNING; thence run S02030'OO"E for 62.50
feet along the West line of said Tract N; thence run N87030'00"E along the South line of
said Tract N for 1095.00 feet; thence run N02030'00"W for 76.16 feet to a point on a line
that is 76.16 feet North of, as measured at right angles to, and parallel to the South line
of said Tract N; thence run S87030'OO"W along said line for 204,23 feet; thence run
N02030'00"W for 11.20 feet to a point on a line that is 87.36 feet North of, as measured
at right angles to and parallel to, the South line of said Tract N; thence run S87030'OO"W
along said line for 785.15; thence run S02030'OO"E for 38.15 feet; thence run
S87030'OO"W for 11.20 feet; thence run N02030'OO"W for 13.29 feet to a line that is
62.50 feet North of, as measured at right angle to and parallel to, the South line of said
Tract N; thence run S87030'OO"W along said line for 94.41 feet to the West line of Said
Tract N and the POINT OF BEGINNING.
EXHIBIT #3
02-SUB-05
RESOLUTION NO. 2004-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING MARINA
DEL REY SECOND REVISED, BEING A REPLAT OF A
PORTION OF TRACT N OF MARINA DEL REY REVISED,
PLAT BOOK 144, PAGE 89, LYING IN THE SOUTH % OF
SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST,
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Summit Properties Partnership L.P. by and through
Application No. 02-SUB-05, has requested Final Plat approval for Marina Del Rey
Second Revised, being a replat of a portion of Tract N of Marina Del Rey Revised, Plat
Book 144, Page 89, lying in the South 'h of Section 3, Township 52 South, Range 42
East, City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated
herein by reference and made a part of this Resolution as Exhibit #1 ; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
Final Plat approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for Marina Del Rey Second Revised, more
particularly described as:
Resolution No.
Page 2
A replat of a portion of Tract N of Marina Del Rey Revised, Plat Book 144,
Page 89, lying in the South Y, of Section 3, Township 52 South, Range
42 East, City of Aventura, Miami-Dade County, Florida more particularly
described in Exhibit #2 to this resolution.
is hereby granted to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
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 Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No.
Page 3
PASSED AND ADOPTED this 9th day of November, 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
,2004.
CITY CLERK
day of
LEGAL DESCRIPTION
ALL OF TRACT "N" of MARINA DEL REY REVISED, according to the Plat thereof, as
recorded in Plat Book 144, Page 89, of the Public Records of Public Records of Miami-
Dade County, Florida, less the following Described Parcel:
Commence at the Northwest Corner of said Tract N; thence run S02024'12"E along the
West line of said Tract N for 326.46 feet; thence run N87030'00"E along the South line of
said Tract N for 211.62 to THE POINT OF BEGINNING; thence run S02030'00"E for 62.50
feet along the West line of said Tract N; thence run N87030'OO"E along the South line of
said Tract N for 1095.00 feet; thence run N02030'OO"W for 76.16 feet to a point on a line
that is 76.16 feet North of, as measured at right angles to, and parallel to the South line
of said Tract N; thence run S87030'00"W along said line for 204.23 feet; thence run
N02030'00"W for 11.20 feet to a point on a line that is 87.36 feet North of, as measured
at right angles to and parallel to, the South line of said Tract N; thence run S87030'OO"W
along said line for 785.15; thence run S02030'00"E for 38.15 feet; thence run
S87030'OO"W for 11.20 feet; thence run N02030'OO"W for 13.29 feet to a line that is
62.50 feet North of, as measured at right angle to and parallel to, the South line of said
Tract N; thence run S87030'OO"W along said line for 94.41 feet to the West line of Said
Tract N and the POINT OF BEGINNING.
EXHIBIT #2
FILE No.361 10/27 '04 07:39
1)(;1-25-2004 16:39
.
ID:SUMMIT-PROPERTIES
CUlSTER y~ STEWART
APPLICANT REPREseNTATIVE AFFIDAVIT
FAX: 7(\43344496
PAGE 2/ 3
4 P.132/1a3
PlrtsU"'1O 8ecIIIn Jl.'l(bll2l(i) III'" c., at Avtnlurl LInd ge,,1l . -_~ CooIo.Illi1 Appliclnl R~ AllIdMilll.....1lr IlII1l1I1ld
sllllmilled. Tile ~ .....RId """.....1II1b1 ifMjriIull GI enl/lJ WJil'I fir Illt OIdlapmllll PIl\IIL wt\Cft II *"11'.. i1111e
accamplllyilg r f ... MIl Illt _ d.. ""*" IUIljIcIID "1Il.,1iM (If ~ hertby IisIS IIld IdeftM III PIftlIl1I "IIII1ftlint ...
~ GlIIICIIy ~ fa''' DewloIInIIlIl ',nlllliI _ocIlon.odlllll fllI1llc.oan. .. faIlaws;
N,me
Relation$hlp (... A"-.... An:IIIwcU. taldac.".
A_, ElIgillttl. lMet'fll. ek.J
Reidi Davis Knapik. Esq.
Sharon Aylward Cox
--
A~~n~"_y fnp Appli~R~~
Surveyor/En~ineer
IAltach AdcIIllanil SIleeIs If Nec.sllry)
NOTIC!: AllY ITATIlIEKT OIlIll!"lESIXTATIOII IIAJl1 .., AllY PilliON LISTeD OX THE APPLlCAIIT l!'llEIEIlTAnYi
UJIlOAVlT lNAU. H llNOlIIG UPOIl nte IXOMDI/Al. CllI!MTITY Afl'I.'ING FOil Till OIVELClfIMENT .eRMlT -.0 THE
OWIIPI OF TIlllIVIJECT PROPeRTY. UPLltAllTI AlID AFfIAllTI Ull &IMSl!D TO 'IllE"" IUPPLEM!IIT THIs
AflFlllAVIT I'VUUAI1' TOUe. a1.n\l1t2l(N1 0' THE CITY'S LAIlD DEVELOPMENT MGULAtlOlIS III THE em CODE.
IN M MIlT TKA' PaIOll TO CDMIlDlRATlOtl OF lllE APPl.ICATION IY THE C1tY IOARD OR COIIIIIISSIQlI, THE
1llf000TlOI PIlOW!ID IN TIlE AFFIDAVIT I!!COIIES INCORReCT 011 "COMPLETe.
WITNESS MY llANO THIS 2.1 '" 01. Y OF .i..0\9I1(,(' . 200j
AUTH~~ ~~Anve Of APPUCANT:
8r-~!d!1:Lil. }~
(S/gMIl.nJ -
N_ Heidt. llavb. Xnapt.k. EsCl.&..
(PrWJ
TIlle: Atl:ornav
By:
(
Name~ Wval:l: T. 'Dixon
(PrInt)
lid.: Vice Pna1.dent:
AddnIa: 500 E. Broward Blvd.. 14tb Floor
A4drqs: 501 S.!. 2ud St. Suiu - Suite 301
Fo~t Lauderdale. FL ~3]qA
Fl:. Lauderdale. FL 33101
STATE OF FlORIOA I
coum OF MlAMJ.OAOE)
BefonI mellle II11deIIlgne4 IUlIlarity pel1QIliIIv IJlIlUl8d Wvat t Dixon
~pn.1t a1dIor .. """ of lie plQplIIty __Ill hlPJlllcallan. "'0 being IlriI by me
tlllCUlld Ilia AIIidI'iit lor lIIe III.,oRS ...lhtlI/IIlIld 1111 It illNe IRd CIllltCI.
SWORN TO AND SUBSCRIBED BEFORE ME II,.1/daY aI
IL\IIYIUWlGlllAVII
"'Y~'llll248782
ElUl_:~I"-
_1lII_.....\IOII!'l"'I
~~~~~A1~
PIInllll N8II\t of NIllIly
My llIlInmllllon tllpllts:
-
-
It
BUSINESS RELATIONSHIP A.. FIL.NIT*
This Alfidavil is made pursuant 10 Soc1ion 31-71(bK2Kii) 01 !he City 01 Aventura Land Development Code. The undersigned AIf.....t he<eby discloses lIIIl:
(marl< with 'x' applicable portions only)
xk J 1. Affiant does !!!!! have a Business Relationship with any member of the City Commission Of any C~y AdvisOl'f Boanlto
wlIic1l!he application win be presented.
[ 12. Affiant hereby discloses that ~ does have a Business Relationship with a member of the City Commission oc a Cay
AdvisOly 80anl to wlIic1l!he appflC3lion will be presented, as fol1ows:
(Ust name 01 Commissioner Of Advisory Board Member) who SeNes on the
(list C~y Commission oc CKy Advisory Board upon which member SeMS).
The nature of !he 8usiness Relationship is as fol1ows:
II i. Member of City Commission Of Boanl holds 311 ownership interest in excess of 1% of total assets Of capital
stock of Applicant Of Repfesentative;
[I ii. Member of City Commission or Board is a partner, co-shateholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or join! ....turer with !he Applicant or Representative in any
business venture;
II iii. The Applicant or Representalive is a Client of a member of !he CKy Commission Of Board or a Client of another
professional woll<ing from the same offi.ce Of fOf the same employer as the member of the City Commission or
8oard;
I] iv. A City Commissioner oc Board member is a Client of the Applicant or Representalive;
[J v. The Applicant or Representative is a Customer of the member of the CKy Commission or Board (or of his or her
employer) and ~ansacts 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.
[ 1 vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and ~ansac1s
more than 525,000.00 of the business of the Appracanl or Representative in a given calendar year.
WITNESS MY HANO THIS ~ DAY OF ~.K . 2OO~
ut~ ~
~:~t . , :=rJ
WITNESS MY HAND THIS 'lJ..t\ OAYOF~C>k>~ 200.1
By:
Name:
Title:
operties Partnership, L.P. (Owner of upland property)
By: Summit Properties, Inc.
Signature)
Print)
(Print)
'The tetll1S "Business Relationship,' 'Client,' 'Customer,' 'Applicant,' 'Representative' and 'Interested PelSon' are defined i1
Section 2-395 of the AYentlHa City Code.
7
FILE No.361 10m '04 07:40
\....,-Q-~l:JlOq lb;..l~
STATE OF Fl.OItIOA I
COUIITY Of: MlAIIl.oADEI
'~:SUMMITJPROPERTIES
~TER YmKl..EY STEllIARr
NOTARIZATION 'ACMI~
FAX: 71' '''l344496
POO: 3/ 3
4 P.B3/B3
.... ".I!W: ~..-r.......... .........Wvatt niy,.~ . CliI......'.....
..-..-...-......___........,......._.
CD I/Rt( Il.llAllHAVlIIl
IIY COIII.U8ION I GO 24IlIa
~1tjllIIIH""1Dl7 '1ilIldN....,lIollly
-.....--- "'.......IlI. ..pia:
--
StAl'iOF 1I.lIRI04 I
CClUlITY OF _1oOAIlEI
..... ... .. ......... ......" fIMlIIr ....-
1IeIIM......... AlIIInIIDr III ......... _ ... 11III1 iI 1M"""
\ht AIiIIlI, .... "ill ... ~l ... "'" _. .. _ .. .. ...
AfFIANT
S'lWalUl TO AIlQ SUUCAIteD..... OIl 110. _'If 1/1 , 2lIlL
IIOIIIy ""~ SIIII 01 J_ AI "-
PNtIM M...." Nnllly
II, ........Illn u"":
--
SUTE OF fI.CIRlDA I
COUlIn OF lllAlI1-OAD!)
...... .... IN "'''ifMd -.1IlOlIIy, Ill"""" appe..d
.... _.... _.11I_" I"'" UItIIln IIllI iIItl_.1M I/Id com.
... AHiltl~ "". .., &11 '" III' "', In"', a;d .... ...... ..
AFFIANT
IWClRIl Ta AIlO IUISCAlHO .... ...lIIII_..,,, . 2llO~
MtlIIy NIII...." f...... Al~
,..... II N"'"
II'........ ......:
rrATE Of PLllAIOA I
CClUIIlT llF 1I1A111oOA1lE)
...... .... .. ........ ~, ...-.., .........
........_..~.... ,.,....1tIIIII.....1IllII........_,
IN AtIaol wtIo """ ... ., II. IuIy 1_. .. ............ ...
.,FIAIlT
SWCIIIN TO AltO SUISCRtlEO 11IM lIIe ... _ dIJ 1/ lllO.,
""'" ""*_ at FIafldI AI Lap
'iii'" N_ oIlIolIIy
II'...........:
-
8
"
BU~ ESS RELATIONSHIP AFFID~VIT*
This AlflClavil is made pursuanllo Section 31.71(bK2X.) oIl11e Clly 01 "ventura Land ~enl Code. The unclersigned AIr...1 hefeVy disdaoea...
(mBl1< with's" applicable pactions only)
xk 11. Allianl does !!!ll have a BU$iness Rei_hip with any member 0I1he City Commis.ioo1 or any Cly AdvisOly Boord 10
wtliclllle ~_ .. be p<esenled.
( )2. AIlianI hereby tisdoses IhaI l does have a 8usiness ReIalianship wiIh a member of Ihe City Commission or a C~y
Advisory 8oilf1l1O wtlicl1lhe applicotion wi be presented, as ~:
(list name 01 Commissioner or Advisory Board Member) wllo ....... on \lie
(List City Commissioo1 or City Advisory 80anl upon which member _).
The nature 0I1he Business Relationship is as follows:
II i. Member 01 City Commissioo1 or Board holds an _hip inlerest in ..cess of 1% 0I1O\a1 ISseIS or capital
Slock 01 Applicant or Represen\ati'le;
II i. Member 01 City Commission or Board is a pal1fter, co-shareho4der las 10 shares 01 a corporalion which are not
lisled on any notional or regional stock ..change) or joint _ture< wiIh Ihe Applicant or Representative in any
business ventlln!;
[I ii. The Applicant or Ropresentative is a Client of a member 0I1he City Commission or 80ard or a Client 01 anOlher
P<Qfessionaf ~ing fnxn Ihe same oIra or for Ihe same employer as the member 0I1he City Commission or
Bm;
( I iv. A City Commissioner or 80ard member is a Client of the Applicant or Representative;
[ Iv The Applicant or Representative is a CuslOnler 01 the member of the City Commission or Board (0< 0I1lis or her
employer) and transacts more than $10,000.00 of the business 01 the member of the City Commission or Board
(or his Of her employer) in a given calendar year,
[I vi. The member 01 the City Commission or 80ard is a Cuslomer of Ihe Applicanl or Ropresentative and lransads
more than $25,000.00 of the business 01 the Applicant or Representative in a given calendar year.
WITNESS MY HANO THIS ~ OAY Of .i:c:k>W..ti . 20Qj
APP~I; . ,
By:, ~. ~SignalUII)
Name: ~_ (Print)
Tille: Print)
WITNESSMYHANOTHlS '){" OAYOf..'L~~ ,2001'
PROPE
t
~operties Partnership, L,P, (Owner of upland property)
By: Summit Properties, Inc.
Signal....,
Print)
(Print)
By:
Name:
Hie:
'The terms "8usirress RelatiOllShip,' "Client,' 'CImomer;" 'Applicant," "Representative" and "Interested Per;on' are defined i'I
See/ion 2-395 oIlhe AWlIIIwa CiIy Code.
7
OCT-25-2004 15'08
GUNSTER YlJRKLEY STEWl'Rr
4 P.03.-133
Oct .2lXd
8y; (l/igIIIIlI8
NamII: (Prid)
IPritiJ TiUt: .1PlfmJ
fS9rheJ By: ($igtIIM
(Pritt) Name: n>rIttJ
IPrItiJ Tille: lPrimJ
(S9iMJ By: (Sipture
(PIirlt) NIllIll: IPrfnt)
rPmtJ 'I1dIl: fTJrirl)
(S/{1Iat/Jlll) By: (Signa/1Itl:
(PrirtJ Tille: /Pritt)
fPritJ Title: 1Prfnt)
(S/pIlI8I By: (S/VIIIIn
IPrWJ 1'1IIe' fPtfIl/)
IPrinIJ lille: IPIiIi)
~ By: ($Ign<<ure
IPdnlJ TlUe: fPrintJ
(PrHJ llIIe: jPrQJ
By:
Name:
Tille:
By:
NlIme:
Tille:
B
'(.
litle:
nile:
By:
TItle:
TilI8:
By:
1'1lII:
TIlle:
NOTE: I) U....~.lleollsllcli~lnflW1lllllalllllrR.-Ilti...YIrift
1) Appti_u IUd AmulI .,. advised lG timely s"I'PlcmClll this Allidavil punulllllo s.c. 31.71(b)(1X1.)
oCthc City'. Lud DcvtlGpllltlll \l.Iplatians in the eil)' Code. hi tbe ....t that prior... canslcmallaa aftll.
application by Ill. City Board or C....lI1ission. die informatloll provldtcllB Ibe AMdavit .........a l.comGl
01' lncamplete.
9
TOTR.. P.03
OCT-25-20e4 15:08
GUNS'ER YORKLEY STEWffiT
4 P.02/B3
NOTARlZATIOIII'ROIIIS\QII
STAT!: OfF~OlIIDA 1
eMTY OF 1I1Al1\ollAD!1
..... "", "" .......,... ......" ...-, ~ 5):) 0- (On Ar!t/ ON ...... -"""0 Irst I>r ... "IT _, 1ioI_ .. .. 11IoI
__IIlis_"'...___.....lio.......-
EVELYN A. MARTIN
t!H.,"'''M~'&:~M22~r
EXPIRES 01/12/2007
~Ttt\U1..aa&.HoTAl'tY1
PliMocI__OIIIIlllllIy
MI_...........,
& &+-
'WOlIN TO AHC SUll&Cflll(D __ ..... _ ""' 01
snn Of 'UlRIDA I
COY_" 01' IIIA1lWlAOe)
.... OIl, 1M ......ir4d ...,. _IIJ ....-
~"""""_Ilr" _..._......ilno..._.
"" _,....lIIlIOlrstlil'lI.doI! ._, ..-..__
AF'Wf1
IWOIlll TO AHO IUUCRI8ElIIlefDII..1lIII_" 01 2110..
NotIrJ-_._AiI.l.
PliIledM_.ofN....,
M, _lIiIIIon ......:
SUTEOH\..llR1I>>. )
COYNTY Of M1.III1.Q4IlE)
11110I11', IN -.... .""'lIly, polSOlllly __
lleIlIiII_"''' AIIOIoIl ",.._ _.............. ..lNI.llll-.
~. Afti4o~....Miot IIItIby ..edoly.wom,Iiij_..........
AFFI.~t
SWORllTOAHllauISCRlllEU_......_Hy.. lCIO..
""--"_Al\.elvt
~._ oINt1ely
"',*, ~.,....:
iT AT! Of Fl.OIllOA I
CClJHTYOf -1oDIoCIel
II"'" ...... -.......-,. ___.....
__......_lat..____...Iii wo...._.
..AIIieftl,*""IIoiot""1>r ......_,61_".. \Iltl
AFFWlT
liWORN fa AHO SUIlSClUIlEO -... lIlil _ My" 100..
M....,PuIIIi:_oIF101ilOAlI.eIgt
P1kIW NelIt ti_
ll, _1I1aaloo II(IIa:
8
.
BU~ 'ESS RELATIONSHIP AFFID"VIT*
This Alfod..~ is made PUIS_Ita Sedion 31.71(b)(2)(o) 01 the Ci1 of Aventuca liOd Oevefo!xnent Code. The undef$igned Afflallt hereby di$cIaIeI"
(maR with '1' ~ poI1ions only)
xk 11. Affiant does !!!1! have a Business Relationship WIth any member of the City CGmmission or any C~y AdvisOfy Iloatd to
whid1 the appicaIion will be pmentecl.
[ )2. Miont heIeby discIos.. that iI does have a Business RelaIionship willi a member 01 the C~y Commission 0< a eily
AdYi5Ol'f Iloacd 10 whid11he app4icaIion will be pmented, as ,_
(list name 01 Commissioner or Allvisory Board Member) wtlO s...... on the
(list C~y Commission or City Advisory Board upon which member SOlVeS).
The nature of the 8usiness Relationship is as follows;
II i. Member 01 City Commission 0< Board helds an ownership interest in ..cess of 1"4 of IOlal assets 0< capital
stock of Applicant 0< Representative;
(I i. Member of Cfty Commission or Board is a par\nef, co-sharebolder (as 10 shares of a corporation wtlich are nat
bled on any nationll 0< regional stocl< exchange) 0< joint ....Iufer willi the Applicant 0< Rel><esentalfte in Illy
businen venlu1e;
[ I iii. The Applicant 0< Repmentative is a Clieflt of a member a11he C~y Commission or Board 0< a Client aI anolhef
P<OIessionlllOOltil1g lcom the same oIlice or lor the same employer IS the member of the CiIy Commission or
Boan!;
II iv. A Cily Commissione, 0< Boatd member is a Client a1lhe Applicant or Representative:
II v. The Applicant 0< Representative is a Cuslome' of the member 01 the City Commission or Boanl(or of his or her
employerl and lransacts more "'an $10,000.00 of tIle business of the member of the City Commission 0< 803ld
(0< his Of her employer) in a given calendar year.
[I vi. The member of the CiIy Commission 0< Board is a Cuslomer of the Applicant or Representative and lransacts
more than $25,000.00 ollhe business ollhe Applicant 0< Representative in a given calendar year.
WITNESS MY HAND THIS K DAY OF ~ .2OOi
APP~; .
:~.: ~ - -e> ?~)
Title: ..:._~_ .Pri1f)
WITNESS MY HAND THIS '}.\'\\ DAYOF 6~~ 2001
PROPER
t
~operties Partnership, L.P. (Owner of upland property)
By: Summit Properties, Inc.
Sigrrature)
Print)
(Print)
By;
Name:
Title;
'The letll1s "Ilusiness Relatiomlip,' 'Oient,' 'Customer,' 'Applicant.' 'Representative' and "Inlerested PefWl" are defmed ill
Seclion 2-395 ri lhe A\o'entlr.l City Code.
7
WITNESS MY HAND THIS 25ti-0AY uf ~, 2001
By: (Signature
Name: Name: (Print)
Title:~(Print) Title: {Print}
By: {Signature} By: {Signature
Name: {Print} Name: (Print)
Title: {Print} Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: {Print}
Title: (Print) Title: (Print)
B
y: (Signature) By: (Signature
Title: (Print) Title: {Print}
Title: {Print} Title: (Print)
By: (Signature) By: (Signature
Title: {Print} Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Title: {Print} Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure infonnation for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv)
of the City's Land Development Regulations in the City Code, in the even I that prior to consideration of the
application by the City Board or Commission, the infonnation provided in the Affidavit becomes incorrect
or incomplete.
9
NOTARIZATION PROVISION
SlAlE Of FLORIOA I
COUNTY OF 1I1A11I-OADE)
Before me. the undf:rsigned authority, personaly appeared kJt~t:M.plK. the Affiant. who being lVst by me duly swom, did s'lltar or afllm I'll
ht;1she executed lilts Affldavillor the purposes staled lherem and that it i$ true and conect.
DC Tflp,fiOOO_.
~ttfJ. U' U~_C~
Notary P bIic S of Flotida At Large U
-).c: rrl
SWORN TO AND SUBSCRIBED bolo.. melllis QU.. day 01
~"~
~J:i~
.....P.f.~~,.
-----..-.
ST ATE OF FLORIDA I
COUNTY OF "IAMI-OADE)
Befole me, IIIe Uftdetsigned au\tlOrily, po.....sIy _"red
helshe execvled Illis Alfidavit for Ille PUIpOSeS stated 111_ ....Illall is INe and _.
MARY H. HARGllEAves
MY COMMISSION' OP 249792
EXPIRES: Seplember 14, 2007
9ondedThl1lNoIaryPlblcUnderwrttel1
SWORN TO AND SUBSCRIBED bofole melllis _ day of
STATE OF FLORIDA )
COUNTY OF IIIAMI.DADE)
Before me. the undersigned authority. pel'$Onany appeared
helshe executed this Affidavit fof the purposes stated therein and that it is lNe and conect.
SWORN TO AND SUBSCRIBED be""" me tIlis _ day of
Printed Name of NOlary
My commission expires:
the Affiant. .no being first by me dufy sworn, dtd swear or afffm &hI'
AFFIANT
,200.
Notary Pubic State of Florida At Large
Printed Name of No\aJy
My commission expires:
the Affiant. who being first by me duly sworn. did swear Of affirm Ihat
AFFIANT
.200_.
Notary Public State 01 Florida At laIge
Pmted Name of Nolory
My commis$ion expires~
STATE OF FLORIOA )
COUNTY OF "lAlli-DADE)
Before me, IIIe undersigned au_y, PD"OIlaUy _lied
helshe exeeuled this Affidavit for the purposes stated therein and that it i$ true and ~t
SWORN TO AND SUBSCRIBED bolo.. m. Illis _ day of
8
the A.l1iant, who being first by me duly S'#IOm, did swear Of Iffirm tIIll
AFFIANT
,200_
Nolary Public Slate of Florida M Large
Pmted Name 01 Notary
My commission expirts:
-----------------.--.-
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AI
Planning Director
TO: City Commission
FROM: Eric M. Soroka, IC
City Manager
DATE: November 1, 2004
SUBJECT: Request of Investura, LLC for Final Plat Approval
Uptown Marina Lofts (01-SUB-05)
November 9, 2004 City Commission Meeting Agenda Item ...p - 6\
RECOMMENDATION
It is recommended that the City Commission approve the "Uptown Marina Lofts"
Final Plat.
THE REQUEST
The applicant, Investura, LLC is requesting Final Plat approval of the subject
property with the intent of replatting its landholdings on the north side of NE 188
Street to include 1.2 acres of submerged land which was sold to Investura, LLC
from Summit Properties Partnership, L.P. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Investura, LLC
LOCATION OF PROPERTY
3025 NE 188th Street
(See Exhibit #2 for Location Map)
SIZE OF PROPERTY
Approximately 5.82 gross acres
LEGAL DESCRIPTION
A replat of a portion of Tract N of Marina Del
Rey Revised (Plat Book 144, Page 89) a
portion of the South Yo of Section 3, Township
52 South, Range 42 East, City of Aventura,
Miami-Dade County, Florida (See Exhibit #3 for
full legal description)
DESCRIPTION
The applicant requests Final Plat approval to replat a portion of Tract N of the
Marina Del Rey revised plat located on the north side of N.E. 188 Street and a
portion of the South Yo of Section 3, Township 52 South, Range 42 East. The
property has Site Plan Approval to develop a 216 unit multi-family condominium
building to be known as Uptown Marina Lofts.
The applicant, Investura, LLC owned three parcels in the South Y:, of Section 3,
Township 52 South, Range 42 East and has acquired additional submerged
lands in Tract N. This final plat is platting the upland parcel as Tract A and the
submerged parcel (including the newly acquired land) as Tract B.
On June 23, 2004, the City approved the tentative plat for the site. The tentative
plat was approved, with standard conditions, by Miami-Dade County on July 23,
2004.
ANALYSIS
Site Plan - The final plat submitted for approval conforms with the approved
tentative plat.
Zoning - The site is zoned RMF3B, Multi-Family Medium Density Residential
District, according to the City of Aventura Zoning Map. The proposed
condominium building is in compliance with the RMF3B district.
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Medium High Density Residential. The proposed
condominium building is in compliance with this land use designation.
Access -
The site may be accessed from the public road, N.E. 188 Street.
2
Greenberg
Traurig
ClilTord A. Schulman
(305) 579.0613
Direcl Fax: (05) 961-5613
I~-Mai\: schulmanC@gtlaw.com
October 22, 2004
Ms. Joanne Carr
Planning Director
Cityof Aventura
Community Development Department
19200 West Country Club Drive
A ventura, Florida 33180
Re: Uptown Marina Lofts I Application for Final Plat Approval
Deaf Ms. Carr:
On behalf of Investura, LLC, ("Investura"), I respectfully submit the enclosed
Application for Final Plat Approval. Investura proposes to develop "Uptown Marina Lofts" a
eleven story 216 unit residential condominium building with accompanying amenities including
a pool, recreational deck, and a public baywalk, The site plan for Uptown Marina Lofts was
approved by the Aventura City Commission on October 7, 2003. Uptown Marina Lofts is
consistent with the intent and regulations of the City's Comprehensive Plan and Land
Development Regulations. Uptown Marina Lofts will be a significant public benefit to the City
in that it will provide increased property tax revenue and housing supply while improving the
aesthetic appearance of the City. We respectfully request your favorable consideration of this
application. If you have any questions, please call me at 305-579-0613. Thank you for your
attention to this matter.
Sincerely,
~~~~-.fo~
(r- Clifford A. Schulman
EXHIBIT #1
01-SUB-05
j' .I\. I AttornCY5 ul low 11221 Brickell Avenue I Miami, Fl33131 I Tel 305.579.0500 I Fax 305,579.0717 I www.gtlow.com
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
....~.............~
Maule .. l "'\
" ~ ....... ~--~
\\ ". C- EXHIBIT #2
01-SUB-05
BROWARD COUNTY
..-.-.-.-.
DADE COUNTY
IVES DAIRY RD.
~
:I:
w
X
Ci
;::
MIAMI
GARDENS DR.
:.
:.
'.
:.
:'!I
:.
'.
;.
:.
:.
:.
'.
:1
:.
,.
:.
;1
:.
'.
:.
:.
:.
:.
:-
:.
:.
:.
'.
:.
'.
:-
:.
:.
'.
:1
:.
..
:1
:.
..
:1
'.
:.
:.
:.
:.
:.
:.
:.
:.
..
:-
j.
;-
;-
o
'"
I." ..J
D-
O>
N
L
201 TEA.
a:
c
<D
:>
..J
()
>-
a:.
I-
Z
:>
o
()
AVENTURA e\)lQ.
Fin:. D
Rescue Aveillura
Stalion Ubrary
AI'entura Mall
192 ST.
191 ST.
Lotlunonn's
Fashioll ui
Island :(
0> 188 ST.
N
._.~~
183 ST.
Uttle
Maule
wke
....
-~-
I
I
/\ .
. j:
\.i \.. \..
ci
~
m
Z
ili
()
o
TUrll~rry Js/~
Reson & Club
,f:...
cd
/~
/ .
r' I
'-...._/
192 ST.
.~._,-._l 'J t.....::,_,
g
<D
Z
~
o
SITE _u_"
DumfoundJing
Bay
1
Atlantic
Ocean
LEGEND ~
-
~
\
\
Roadways
. . . . . . City Boundary
ZIP Code Boundary
~Uhh.U_ Railroad
...
~
.- -
I
,
~
,-
LEGAL DESCRIPTION,
Parcel A:
Commence at the center arSection 3, Town.hip 52 Soutb, Range 42 Eut, Dade County, Florida; thenee
N890S0'SS"W along the North line of me Southwest 1/4 of me said Section 3, for a distance of 670.26 feet to the
Northwest comer of the Easll/2 of the Northeast 114 of me Soulbwe" 114 of the said Section 3; thence
SOO"39'25"E, along the W.., line of the E..11I2 of the Nortb....11/4 of the Southwest 114 of the said Section 3, for
a distance of 1107.1 I feet; thence N89"20'3S"E for a distance of 688,23 feet; thence NOo039'ZS"W for a distance of
3S.00 feet; thence N89020'35"E for a di~tance of IS6,52 feel 10 the POINT OF BEGINNING of the parcel ofland
and water berein deacn"bed; thence NOo039'25"W for a distance of 322.259 feet to a poinl on the centerline of a
canal; thence S890S6'4S"t along the centerline oio canal for a distance of 140.012 feet; thence SOO"39'2S"E for a
di$tance of320,522 feet;.1hence S89"20'3's"W for a dislance of 140.00 feet to the POINT OF BEGINNING.
AND
P.rcel B:
A portion of the South 1/2 of Section 3. Townsbip 52 South, Range 42 East, Dade County, Florida; being more
particularly descn"bed as fonawa:
Commence al the center of said Seclion 3; thence N89050'5's"W along the North line of the Southwe&t 1/4 ofsaid
Section 3, for 670.26 feet, to the Northwest comer of the E..t 112 of the North""l 114 of the Southwest 1/4 of said
Section 3; Ihence SOo039'25"E along the West line of the Easll/2 of the Northea!t 114 of the Southwest 1/4 ofsaid
Section 3, for IID7.11 feet; thence N89020'35"E for 498.41 feet; thence NOo039'Z's"W for 3's.00 fcetto the POINT
OF BEGINNING of a parcel of land and waler hereinafter descnDed; thence N89020'3's"E for 346.34 feet; <henee
NOO"39'2S"W for 322.26 feet to a point on the centerline of a canal easement (said canal ....ement recorded in
Official Records Book 1850 at Page 348. Public Records of Dade County, Florids); thence N89056'4S"W along the
centerline of said canal Oascmenl for 34,S,S9 feet; thence SOoo03'15"W along the Weslline ofsaid canal casement,
for 62,50 feet to the Southwest comer of .aid canal easement; thence SOo039'2S"E for 264.0's feet to Ibe POINT OF
BEGINNING.
AND
rarcel C:
Commence atlhe center of Section 3, Township ,S2 Soutb, Range 42 East, Pade County, Florida; thence North
89"50'5S" West, alon8 tbe North Line of the Southwest 1/4 of the said Section 3, for a dis\8Itce of 670.26 feet to the
Northweat comer of the East 1/2 of the North..st 114 of the Southwest )/4 of the said Section 3; lbetlCC South
00039'25"East, along the West line of the East 1/2 of the Nortbeast 1/4 of the Southwest 1/4 of the ..id Section 3. for
a distance ofl107.11 f~t; tbence North 89020'35. Eut Cor a distance of688.23 feet; thence North 00039'25" West
for a distance 005 feet thence North 89020'3S" East for a di~tance of 296.S2 Ceet to the Point oCBeginning of the
parcel ofland and water herein descn"bed; thence North 00"39'25" West for a distance 0020.'s22 feet to a point on
the Center line ofa canlil; thence South 89056'45" East, along the center line of a canal, for a distance of 140.012
feet; thenee Soulb 00039'2S" Easl for a distance 0018.784 Ceet; thence South 89"ZO'3's" WC$t for a distance of
140.00 feet to the Point of Beginning. The .bove described percel ofland ano water i. aubject to an easement over
the North 62.5 feet thereof. Said lands sil\latc. lying and being in Dade County. Florida.
AND
SUBMERGED LAN\):
A portion oCTract N ofMAR1NA DEL REV REViSED according to lbe pial thereof. 8S recorded in PIal Book 144
at rage 89 of the Public Records of Miami. Dade County, Florida and being more pa:rticularly de..n"bed as follows:
EXHIBIT #3
01-5UB-05
bT:h~ ~~. G? lJO
90d ~1.8
;.-J'.
Coromence at the l'JoI1hW",1 comer of said Tract N; thence South 02'24'12" East along the West line of said TIllcl N
for 326.46 fed; thence Noilh 87'30'00" East .10ng the Sooth line of said Tracl N for 211.62 feet to the Point of
Beginning oflhe hereinafter descn'bed 3ubmerged parcel; thence South 02'30'00" Ellat along the We:;t line of Mid
Tract N for 62.50 feet to the most Southerly Southwe.t comer of said Tract N; thence North 87'30'00" East along
the South line of said TraCt N for 625.78 feet; thenee North 03'11'40" West {or 87.37 {ect; thence South 87'30'00"
West along a line parallel with and. 87.36 feet North ohaid South line of Tracl N for 519.10 feet; thence South
02'30'00" East for 38,15 feet; thence South 87'30'00" Wt.st along . line pllJ:llllcl with said South lille ofTra.ct N for
11.20 feet; thence North 01.'30'00" WOOl for 13.29 feet; thence South 87'30'00" WC$t along a line parallel with and
62.50 feet North of said S9uth line of Tract 1'1 for 94.42 feet to the Point of Beginning.
Said submerged parcellyi1lg and being in thc City of AvenlUIll, Miami-Dade County, Florida and containing 51,847
square fcct or 1.190 acres mol'C or less.
bT:~~ vA. g? I~n
Ll2ld cL8
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING UPTOWN
MARINA LOFTS, BEING A REPLAT OF A PORTION OF
TRACT N OF MARINA DEL REY REVISED, PLAT BOOK
144, PAGE 89, A PORTION OF THE SOUTH % OF
SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST,
CITY OF AVENTURA, MIAMI.DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Investura, LLC by and through Application No. 01-
SUB-05, has requested Final Plat approval for Uptown Marina Lofts, being a replat of a
portion of Tract N of Marina Del Rey Revised, Plat Book 144, Page 89, a portion of the
South 'h of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-
Dade County, Florida, the Final Plat being incorporated herein by reference and made
a part of this Resolution as Exhibit #1; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
Final Plat approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for Uptown Marina Lofts, more particularly
described as:
Resolution No.
Page 2
A replat of a portion of Tract N of Marina Del Rey Revised, Plat Book 144,
Page 89, and a portion of the South Yo of Section 3, Township 52 South,
Range 42 East, City of Aventura, Miami-Dade County, Florida, more
particularly described in Exhibit #2.
Is hereby granted to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
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 Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No.
Page 3
PASSED AND ADOPTED this 9th day of November, 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
,2004.
CITY CLERK
day of
.-
,
..
LEGAL DESCJUPTION:
Par..1 A:
Commence at the center of Section 3, Township S2 South, Range 42 wI. Dade CoUnty, Florida; thence
N89'SO'SS"W along the NOl1h line ofthc Southwest 1/4 of the said Section 3, for a distance of670.26 fcetto the
NoI1hwest comer of the East 1/2 of the Nor1hcast 1/4 of the Southwcstll4 of the said Section' 3: thence
SOO'39'2S"E, alo!\i the Weatline of the East 112 of the Northeast 114 ofth< Southwest 114 of the said Section 3, for
a distance of 1107.11 feet; thence N89'20'3S"E for a distance of688.23 feet; thence NOO'39'2S"W fOr a dislm1ce of
3S.00 feet; thence N89'20'3S"E for a distance: of IS6.S2 feet to the POINT OF BEGINNING of the parcel afland
and w.ter herein descn"bed; thtnce: NOO'39'25"W for a distance of 322.259 feet to a point on the centerline of a
conal: thence S89'S6'4S"~ along the centerline ofo canal for a distanec of 140.012 feet; thenec SOO'39'2S"E for a
di$tance of320.522 fcet;thenec S89'20'3S"W for a distance of 140.00 feet to the POlNT OF BEGINNING.
AND
ParcelS:
A portion of the Soulb 1/2 of Section 3, Township S2 South, Ronge 42 East, Dade COUllty, Florida; being mo~
particu10rly described as fonows:
Commence .t the center of said Section 3; thence N89'SO'SS'W along the NoI1h \lne of the South_ 114 of ..id
Section 3, for 670.26 feet, to the Nar1hwest comer of the Ea.t 1/2 of the Northaast 1/4 of the Southwest 114 of said
Section 3; thence SOO'3\l'2S"E alang Ibc Weet line of the East 1/2 of the Northea3t 1/4 of the Southwest 1/4 of said
Section 3, for 1107.11 fect; thence N89'20'3S"E for 498.41 feel; thence NOO'39'25'W for 3S.00 feet to the POINT
OF BEGINNING of a parcel ofland and water bereinafter descnDcd; thenee N89'20'3S"E for 34<i.34 feet; thence
NOO'39'2S"W for 322,26 feci to a point on the centerline of a canal casement (said can.l _ement recorded in
Official Records Book aso at Page 348, Public Records ofD.de County, Florida); thence N89'S6'4S"W along the
centerline of said canal c.se:mcnt for 34S.S9 feet: thence SOO'03'IS"W along Ibe Wcstlinc ofsaid canal easement,
for 62.50 feet to the Southwest comer of said canal casement; thenoe SOO'39'2S"1> for 264.0S feet to the POlNT OF
BEGINNING.
AND
rarcel c:
Commence.t Ibe center ofSeotion 3, Township 52 South, Ranse 42 East, Dade County, Florida; thenoe North
89'SO'55' West, .Ions tile North Une of the SouthWl:6t1l4 oflbe said Section 3, for a distance of 670.26 feet to the
NotthWl:at eomer of tbd,..t 1/2 of \be Northeast 114 of the Solrthwest 1/4 of lbe &aid Sectiol13; thence South
00"39'2S"East, along \be West line ofthc East 1/2 of the Northeast 1/4 of tile SoutbWl:at 1/4 ofthc laid Section 3. for
. distaneo "fl107 .11 f'id; thence North 89'20'3S' };.aot far. di$tanee of 688.23 feet; thence North 00.39'25" W~
for a distance of3S feef;; theoce North 89'20'3S" East for. distance of296.S2 feet to the Point ofBegitllting of \be
patce1 ofland and water herein descn"bcd; thence North 00.39'25" West for a distanec of 320.522 feet to a point on
the Center line ora canlll; thence South 89'56'4S" Ea.!, along Ibe centerline ofe canal, for a distaIl.cc ofl40.012
feet; thence SOllth OO"39'2S" East for a distance of 318.784 feel; thence South 89'20'3S" West for. distance of
140.00 feet to lb. Point of Beginning. The above described parcel ofland and water is subject to an easement over
tbe Nor1h 62.5 feel thertef. Said land. sltuate,lying and being In Dade County, Florida.
AND
SUBMERGED LAN'!):
A portion ofT raot N ofMAlUNA DEL REV REVISED according to the platlberc:of. as recorded in Plat Book 144
at Page 89 of the 'Public Rec:ords of Miami-Dade County, Florida and being more particulorly descn"bcd as follows:
EXHIBIT #2
"T :1;01 t7l'I. q1! 1:x1
90d ~
. ~ ,.,J..
Commence at the l-Jorthw",t comer of..id TractN; thCJlCC South 02"24'12. East along the West line of said Tl'lIot N
for 326.46 f~t; thence Notlh 87.30'00. East along the South line of said Tnot N for 211.62 feet to the Point of
Beginning of the hereinaMr descn'bed submerged parcel: thence South 02.30'00" East along the Wf:1;tline of said
Tract N fOT 62.50 feet to lI!e most Soumcrly Southwest comer of said Tract N; men.e Nonh 87.30'00" Eut along
the South line of said Tract 1'1 for 625.78 feel; th""". North 03"11'40. West for 87.37 feet; thence So..'" 87.30'00"
W..t along a line parallel witb and 87.36 feet North of said South line afTract N for 519.]0 feet; mcncc South
02"30'00" East for 38.15 feet; thence South 87.30'00" West along a line parallel with said So..th Ime of Tract N for
11.20 feet; thence North 0....30'00.. W..t for 13.29 feet; thence South 87.30'00" W..t 810ng ..line psra\lel with and
62.50 feet North of said SQulh line ofTractN for 94.42 feet to the Point of Beginning.
Said s..bmerged paroell~ and being in the City of AVenlUra, Miami-Dade County, Florida and containing 51,847
squsre feel or 1. I 90 acres 1Il0l10 or leas.
bt:~~ ~~. q7 I~
1.0d Z1.8
A
.
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31-71(bX2Xi) of the City of Avenlura Land Development Code, this Applicant Representative Affldavn is hereby made and
submitted. The undersigned authorized repl8Sentative of the Individual or entity applying for the Development Permit, which is identified in the accompanying
application, and the owner of the property subject to the application (K different) hereby lists and identities all pelSOIlS repl8Senting the individual or entity
applying for the Development Pennn in connection with the application, as follows:
Name
Relationship (i.e. Attomeys, Atchit8cts, Landscape
Architects, Engineers, Lobbyists, Etc.)
.]).,4 N FoR n tJ
CL/FFOR.)) ~C#ULM4A/
M..41210 G4RcJ..4 SERR4
CONSULTING; El{GINEER--$UR,V€YOR..
A TTOR./V E Y
A-TTOR NEY
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFlDAVIT
SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPL YlNG 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)(1V) 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
PROVlDEO IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS _ DAY OF
,200_.
OWNER
By:
Name:
(Signature)
(Print)
(Signature)
Name: G-ILBE
(Print)
TI1le: M~N4GING A4RTN~R
Address: Z<J9'} Nt; /9/ d sf # ~03
A-v~..vTuRA -FL ~/~
AUTHORIZED REPRESENTATIVE OF APPLICANT:
By:
'/fA MO(j
Title:
Address:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared ~I &..,.. +- & rk M ItI as the uth
Applicant and/or the owner of the property subject to the application, who being first by me duly swom id
executed this Affidavit for the purposes stated therein and that ~ is true and correct.
.;J..5/{
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of oL'/-
representative of the
r or rm that he/she
.
My commission expires:
~
Notary Public State of Florida Al~rge ,4 I . II I
Printed Name of Notary cd: "'Ie t,...VY\:~
i~'.'''';;; EDITH ANNE WHITE
../ ~;.):) MY COMMISSION' DO 131252
.,~~.. EXPIRES: OcIober 24, 2006
>'If,,!,:/, _Thou....._............
.
RECEIVED
~::.1" 'I 1 .)OO~
~OMMUWrv DEJELOPMENT
BUSINESS RELATIONSHIP AFFIDA VIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Avontura Land Development Code. The undersigned Affiant hereby discloses that:
(marl< with "X: applicable portioos only)
Affiant does not have a 8usiness Relationship with any member of the City Commission or any City AdviSOl'( Board to which
the application will be presented.
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:
-:'rHfr-Uj t:Pr 1i:llJ.J (Ust name of Commissioner or AdviSOl'( Board Member) who serves on the
(Ust City Commission or City Advisory Board upon which member serves).
[It
w
[Ii.
The nature of the Business ReIatiooship is as follows:
[Iii.
)(iii.
[I iv.
[I v,
II vi.
WITNE
APPLICANT:
By:
Name:
Title:
PROPERTY OWNER:
By:
Name:
TItle:
Member of City Commission or Board holds an GWIleIShip interest in excess d 1% of toIaI assets or capital s\Qd(
d 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) Of joint venturer with the Applicant or Representative in any
business venture;
The Applicant or Representative is a Client of a member d 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 Clienl 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 Commlssion or Board (or
his or her employer) In a given catendar year;
The member of the City Convnission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 d the business of the Applicant or Representative in a given calendar year.
$It DAY OF A,/rlll 0.00 h p/ . oyyj
Signature)
(Print)
(Print)
,20<L
(SignBture )
(Print)
(Print)
"The tenns 'Business Reletionship: 'Client: 'Customer: 'Applicant: 'Representative' and 'Interested Person' ere denned in
Section 2-395 of the Aventum City COOe.
NOTARIZATION PROVISION
STATE Of FLORIDA )
COUNTY Of M1AMl-DADE) .,. .
Before me, theundelSigned authority, pe<>onaIIyappeared r; dt,). 6.II/hM'lheA~\!hO
execullld !his Affidavit for the purposes staled therein and that lis InJe and conecl III
.' I
X '
AFFIANT
!h;emkf'.2OOff,1 ! ~. + /
C(_U/I iL.J/AI/ Ld;1-
Nota:Z Pubic Sla1e of FIOOda At Large
;;; IrH M/NP /1\/ /fI'TE
Printed Name of Nota<y
My oommission expires:
sf
SWORN TO
liJ.".g.t;:;,
'l'I~J~.~rj
I .,~,.,..it,.'
,,1, ',.9["t:','>
EDITH ANNE WHITE
.", COMMISSION I DO 131252
eXPIRES: October 24,2006
do.1\Jec!Thru Notary PubliClJndelWf~ers
STATE Of FLORIDA )
COUNTY Of M1AMI-OADE)
BaIore me, the undeIsigned authority, peBOnaIly appeated
exeartlld 1I11s AlIidavll for the purposes statedlherein and that lis InJe and conecl
the Aftiant, who being finlt by me duly sworn, did swear or alii.. that heIshe
AFFIANT
SWORN TO AND SUBSCRIBED befoIe me !his _ day of
.200_.
Notary Pubic Slate of Flolida At Large
Printed Name of Notary
My cxxrvnlssion expires:
STATE OF FlORIDA )
COUNTY Of MlAMI-DADE)
Before me, lhe undelSigned authority, personally appeared
exeartlld 1I11s Affidavit for the purposes stated therein and that lis InJe and conecl
lhe Affiant. who being first by me duly sworn, did......r or alIinn 1I1at helshe
AFFIANT
SWORN TO AND SUBSCRIBED befoIe me !his _ day of
.201L
NoIaIy Pulllic stale of Florida Al Large
PrInled Name of Nolary
My - expires:
STATEOFFlORIDA )
COUNTY Of MIAM~ADE)
BaIore me, lhe undeIsigned authority, pe<3OI18Iy appeared
exeartlld 1I11s AlIidavll for lhe purposes staled 1hereln and that lis InJe and conecl
lhe Affiant. who being finlt by me duly sworn, did swear or alIinn that heIshe
AFFIANT
SWORN TO AND SUBSCRIBED betore me 1I1is _ day of
200_.
NoIaIy Public state of Florida Al Large
PrInled Name of Notary
My commIsslon oxpiIos'
I
8l
.
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit Is made ptJl1Uant to Section 31-71(bX2Xlij 01 the CIty 01 Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with 'x' appIlcable portions only)
IX] 1, AffIant does ll!l! have a 8usiness Relationship with any member 01 the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 2, Affiant hereby dlsclosos that n does hava a Business Relationship with a member 01 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 SflIVes on the
(lIs1 City Commission or City AdvIsory Board upon which member serves).
The nature 01 the Business Relationship Is as follows:
I] I. Member 01 CIty Commission or Board holds an ownership Inlerellln excess 011% 01 ~ assets or capital stock
01 Applicant or Representative;
[] Ii, Member 01 City Commission or Soard Is a partner, co-shareholder (as to shaies 01 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;
[] Iii. The Applicant or Representative Is a Client of a member of the City Commission or Board or a Client of another
professional worl<lng from the same office or for the same employer as the member of the City Commission or
Soard;
[J iv. A City Commissioner or Board member Is a Client of the Applicant or Representative;
[] v, The Applicant or Representative Is a Customer of the member of the CIty Commission or Soard (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Soard (or
his or her employer) In a given calendar year,
[] vi. 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.
WITNESS MY HAND THIS _ DAY OF
APPUCANT:
20(>-.
By:
Name:
Title:
(Signature)
(Print)
(PrInt)
WITNESS MY HAND THIS _ DAY OF
PROPERlY OWNER:
.200_.
8y:
Name:
Title:
(Signature)
(Print)
(Print)
'The terms 'BusIness RelBlionshlp,' 'Client,' 'Customer,' 'Applicant,' 'Representative' and 'Interested Person' 8re defined in
Section 2-395 of the AYlIfIture City Code.
Oct 18 04 10:28a
p.12
DlliIS2/STDAYOF D<::.7V~ 2001
Business Relationship Affidavit)
BY' By: (Signature
Name1>~H/e:L. C F'omJ (Print) Name:. Print)
Tille: 3L\~ve.YOf- (Print) Tille: Print)
By: (Signature) By: (Signature
Name: (Print) Name' , . Plint)
TItle: (Print) TlUe: Print)
By: (Signa/ure) By: (Signature
Name' (FrintJ N IPrint)
TdIe: (PriI1/) TdIe: Print)
By: ISignature) By: (Signature
Name: (Print) N (Print)
Title: (Print) Title: Plint)
By: (SIgnature) By: (Signature
Name: (Print) N (Print)
Title. (Print) Tille Print)
By: (SignalurB) By:_ (Signature
Name' IPrinf) (PrinIJ
TdIe: 1Prfnt) (Print)
2) Applicants and Alliants are advised III timely aupplem
City's Land Development Regulations In the City Code, In
by the CIty Boant or Commission. the Information provkl
this Al\idavlt pursuant III see. J1-71(b){2)(Iv) of the
e event that prior to consIderation of the application
In the Allidavlt becomeslncomod. or Incomplete,
NOTE: t) Use dupliCllubee\s If d\sclosu" Inlonnalion for Rep
Oct 18 04 10:28a
p.13
NOTARIZATION PR VISION
STM~ Of FlllRIllA I
COUNTY OF MIAMI-lloIOE)
Bebe me, Il1elmdenigned _. peo>OOdy _~ W AQ. C
heJshe executed "is MfidavlIor t-e putpose.\ tifated ~ end that I is true ancI CXlned-
SWORN TO AND SUBSCRlBEO _ me Ills 'ZJ~ral ~
~...., SUSANP. KAY
~ MY COMMISSION # OOJ0118'
~o,,..~ EXPIRES: April 06. 2008
I~OO.J-NOTARY F1.N<xary~IAssoe.ec..
STATE llHlORIOA I
COUNTY Of M1A/.U{W)EJ
__ .... Il1e undelsllnod .uIhcxIr. ~ ~
_ereaIIIldihis_......__.....ondtllal.sW..nd_
SWORN TO AND SIJ8SCRJIIED -.. ....... _day 01
STATE Of FlORIDA I
COUNTY Of MlM\I-OAOE)
_ me, lie undet>lgned .UlI1orily, pelSOl18\Iy oppeoJed
_~lhisA_""thepwpooes__.ndllal.islnle.ncl_
SWORN TO AND SUBSCRIBED -.. metlis _claro!
STATEOFFI..ORlIIA I
CllUIf1YOf~
-.,.... ltellnllonlgned.......,. JIOl5O"IIr__
_--""'.... AftidavII"'....\IIII1lClS05&talod ......1Ild1lal.ls~ Iftd
SWORN TO AND SUllSCRIIIED -.. mo"" _day 01
beilYoI ~ ..om~ dd...... or .tr"" lhat
~<~' "
AFFIANT
PrinIe<I Name oINotalY
Mr_a>q>ltes:
the AIIianI. who be01Ililsl by me duly swam. dil _r or _ lhat
AFFIANT
NoIaty Public _ 01_ AllalV"
PrinIod Name 01 NoIalY
tAyc:orn.. I . ",expIres:
... AIliant. who being Iilsl by me cIIlly ...... did IWClOf or affirm hi
AFFIANT
2OO~
NaIaIy Public _ al_ AlUlge
__alNalaly
Mt~n"""11IIph&'
... AIliant. """ bek'G tnt by me duly _. did _ or alMnllal
AffiANT
200_
Nofary PutJit Stala al_ A1la1va
__alllolaty
""com... . <lleq*es.
RECEIVED
oel 26 2004
COMMUNITY DEVELOPMEN1
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(li) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(marl< with 'x' applicable portions only)
(X ]1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ J 2. 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 will be presented, as follows:
(list name of Commissioner or Advisory Board Member) who serves on the
(list City Commission or Crty Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
I J i. Member of Crty Commission or 80ard holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[I ii. 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;
[ I ili. 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;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[I v. 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;
[] vi. 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.
WITNESS MY HAND THIS _ DAY OF
APPLICANT:
.200_.
By:
Name:
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THiS
DAY OF
,200_.
PROPERTY OWNER:
By:
Name:
Title:
(Signature)
(Print)
(Print)
"The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura Cffy Code.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI.DAOE)
~J<r,. ......... L.uooo
~."f j Mv ComrnooHln 00:z01132
, "..,....' ~,... September:2-4, 2005
Before me, the undersigned authority, personally appeared Clifford A. Schulman the Affiant, who being
executed 111~ Affidavit for lI1e purposes stated lI1erein and that. ~ true and correct.
Printed Name of Notary
My commission expires:
STATE OF FLDRIOA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, pelSOnally appeared
executed this Affidavit for the purposes stated therein and that It is true and correct.
the Afflant, who being first by me duly sworn, did swear or affinn that helshe
AFFIANT
SWORN TO AND SUBSCRIBED before me lI1is _ day of
,200_.
Notary Publ~ Stale of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that It is true and correct.
the Affiant, who being first by me duly sworn, did swear or affinn that helshe
AFFIANT
SWORN TO AND SUBSCRIBED before me 111~ _ day of
200_.
Notary Publ~ Stale of Florida Al Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, lI1e undersigned authority, personally appeared
executed 111~ Affidavit for lI1e purposes staled lI1erein and that . ~ true and conect.
lI1e Aff~nt who being first by me duly sworn, did swear or affirm lI1at helshe
AFFIANT
SWORN TO AND SUBSCRIBED before me th~ _ day of
,200_.
Notary Publ~ State of Florida Al Large
Printed Name of Notary
My commission expires:
.\L--
5 DAY OF Octvl~,2004.
on Business Relationship Affidavit)
By: ignature)
By:
(Signature)
Name: CLIFF RD A. SCHULMAN (Print)
Title: Attomev (Print)
Name:
(Print)
(Print)
Title:
By: (S~nawre)
By:
(Signature)
Name: (Print)
Name:
(Print)
Title: (Print)
Title:
(Print)
By: (Signature)
By:
(S~nature)
Name: (Print)
Name:
(Print)
(Print)
Title: (Print)
Title:
B
y: (Signature)
By:
(Signature)
(Print)
(Print)
Title: (Print)
Title: (Print)
Title:
Title:
By: (Signature)
Title: (Print)
Title: (Print)
By: (Signature)
Title: (Print)
Title: (Print)
By:
(Signature)
Title:
(Print)
(Print)
Title:
By:
(Signature)
(Print)
(Print)
Title:
Title:
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-71 (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.
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(marl< with 'x' applicable portions only)
IX ]1. Affiant does not 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).
The nature of the Business Relationship is as follows:
[ I i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[] ii. Member of City Commission or Board is a partner, co-sharehoider (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:
I ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional worl<ing from the same office or for the same employer as the member of the City Commission or
Board;
I] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. 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 ofthe member ofthe City Commission or Board (or
his or her employer) in a given calendar year;
[ ] vi. 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.
WITNESS MY HAND THIS
DAY OF
,200_.
APPLICANT:
By:
Name:
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
DAY OF
200_.
PROPERTY OWNER:
(Signature)
(Print)
(Print)
By:
Name:
Title:
'The tetms 'Business Relationship," 'Client," 'Customer," 'Applicant," 'Representative" and 'Interested Person" are defined in
Section 2-395 of the A ventura Cffy Code.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affaant, who being first by me duly sworn, did swear or affirm that helshe executed
th~ AffidavR for the purposes stated there~ and that R ~ true and correct. ~ ~ '_
~ <-<u,_~~<..
AFFIANT
SWORN TO AND SUBSCRIBED before me th~,.i~ay Ofa~ /:zJJ (2004. '1
i) Leo,<.II. Luoaa
~. . 1Iy~00201132
\;' I c...... s.pembef". 2005
.." ~
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-OADE)
Before me, the unders~ned autholity, personally appeared
executed th~ AffidavR for the purposes stated therein and that R ~ true and conect.
the Affiant, who being first by me duty sworn, did swear or affirm that helshe
AFFIANT
SWORN TO AND SUBSCRIBED before me th~ _ day of
,200_.
Notary Publ~ State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-OADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
SWORN TO AND SUBSCRIBED before me th~ _ day of
,200_.
Notary PubI~ State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI-OADE)
Before me, the undersigned authority, personally appeared
executed this Affidavit for the purposes stated therein and that it is true and correct.
the Affiant, who being first by me duly sworn, did swear or affirm that hefshe
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200_.
Notary Public Stale of Florida At Large
Printed Name of Notary
My commission expires:
..- Oc.-I:obe.
WITNESS MY HAND THIS ~ DAY OF ,2004.
REPRESENTATI~Listed ,~n Business Relationship Affidavit)
By: ~'-'<J ~ h;gnature) By: (Signature)
r
Name: MARIO GARCiA-SERRA (Print) Name: (Print)
Title: Attornev (Print) Titie: (Print)
By: (Signature) By: (Signature)
Name: (Print) Name: (Print)
Titie: (Print) Title: (Print)
By: (Signature) By: (Signature)
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
B
y: (Signature) By: (Signature)
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature)
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature)
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 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.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO:
BY:
DATE: October 25, 2004
SUBJECT: Amendment to Section 31-21 "Definitions" of the City's Land Development
Regulations to include definitions for secondhand jewelry and secondhand
precious metals; Amendment to Section 31-144(c) "Community Business
(B2) District", to include the purchase and sale of secondhand jewelry and
secondhand precious metals and to prohibit pawnshops in the B2 district
(04-LDR-04 )
November 9, 2004 Local Planning Agency Agenda Item 3
1st Reading November 9,2004 City Commission Meeting Agenda Item l
2nd Reading January 4, 2005 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve amendments to Sections 31-21 and
31-144(c) of the City's Land Development Regulations to define secondhand jewelry and
secondhand precious metals, to permit their sale and purchase and to prohibit pawnshops
in the Community Business (B2) District.
THE REQUEST
The applicant, Clifford A. Schulman, on behalf of Champion Retail Limited Partnership, is
requesting amendments to Section 31-21 "Definitions" and to Section 31-144(c),
"Community Business (B2) District" to define and permit sale and purchase of secondhand
jewelry and secondhand precious metals and to prohibit pawnshops.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendments are legally required to define and permit new uses in the
Community Business (B2) zoning district.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan. The Business and Office future land use category envisions the
full range of sales and service activities.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations. The amendments will establish regulations, procedures
and standards for review and approval of development. They will foster and preserve
public health, safety, comfort and welfare.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it provides regulations and standards for future
development.
Oescription/Background of Proposed Amendment
The applicant wishes to establish a jewelry exchange in a vacant tenant space in a retail
plaza on Biscayne Boulevard. The site is zoned B2, Community Business District. The
nature of a jewelry exchange is the sale and purchase of secondhand jewelry and
precious metals along with new merchandise, These sales and purchases occur amongst
customers and amongst vendors in the jewelry exchange that occupy the same unit or
establishment. Current code regulations prohibit the sale of good other than to the
ultimate consumer, prohibit the sales and display or storage of used merchandise other
than antiques and prohibit purchase of used goods. The intent of these regulations,
originally enacted in July of 1999, was to prohibit pawnshops. In order to allow a jewelry
2
exchange, the applicant is proposing amendments to the definitions section of the Code
and to the permitted and prohibited uses in the B2 zoning district.
The following are the proposed amendments to Section 31-21 of the City's Land
Development Regulations. They include a definition of secondhand jewelry and
secondhand precious metals. These definitions are specific in that only precious
gemstones and precious metals only are allowed. Semi-precious stones and other metals
will not be permitted.
1. Section 31-21, "Definitions" of the City's Land Development Regulations is hereby
amended as follows 1:
Secondhand iewelrv shall mean any item of personal property or obiect of
value previouslv owned or used, which is not sold as new, and which
contains one or more diamonds. emeralds, rubies, sapphires or other
precious aemstone.
Secondhand precious metals means any item of personal property or obiect
of value, previously owned or used, which is not sold as new. and which
contains aold, silver, platinum or other precious metal.
This amendment defines the type of jewelry and metals permitted to be sold and
purchased.
The following are proposed amendments to the B2, Community Business District. The
sale and purchase of secondhand jewelry and secondhand precious metals are added to
permitted uses and also exempted from prohibited uses. Pawnshops are added as a
prohibited use.
2. Section 31-144(c), "Community Business (B2) District" of the Land Development
Regulations is hereby amended as follows:
(c) Community Business (B2) District.
(1) Uses permitted. No building or structure, or part, thereof, shall
be erected, altered or used, or land used in whole or part for
other than one or more of the following specific uses provided
the requirements set forth elsewhere in this section are
satisfied:
e&.- ,^.ccossory uses ::md structuros.
ee. Stores for the sale or purchase of secondhand iewelry and/or
1 Underlined proYisions constitute additions to existing text; strislmn through proYisions indicate deletions
from existing text.
3
secondhand precious metals, directlv to the ultimate consumer
onlv, except that sales and purchases mav be made between
vendors occupvinq the same unit or establishment. Such stores
shall provide a securitv plan for review bv the Citv Manaqer or
his desiqnee.
tf, Accessory uses and structures.
(3) Uses Prohibited, The permitted uses enumerated in this
district shall not be construed to include, either as a principal
or accessory use, any of the following:
c. Sale of goods to other than the ultimate consumer, except sale of
secondhand iewelry and secondhand precious metals between
vendors occupvinq the same unit or establishment.
e. Sales, display or storage of used merchandise, other than
antiques and secondhand iewelry and secondhand precious
metals.
f. Purchase of used goods, other than secondhand iewelry and
secondhand precious metals.
fh Pawnshops.
~,h, Sale of fruit or merchandise from trucks, wagons or other vehicles
parked on or along public or private streets or from open stands or
vacant lots. Such business on private or public property shall be
conducted only from within approved permanent substantial buildings.
The above amendments will allow a jewelry exchange in the B2, Community Business
District, but will prohibit pawnshops.
4
ORDINANCE NO. 2005-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 "DEFINITIONS" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
INCLUDE DEFINITIONS FOR "SECONDHAND JEWELRY"
AND "SECONDHAND PRECIOUS METALS" AND TO
AMEND SECTION 31-144(c) "COMMUNITY BUSINESS
(B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO INCLUDE THE PURCHASE AND
SALE OF SECONDHAND JEWELRY AND SECONDHAND
PRECIOUS METALS AS A PERMITTED USE; TO
REQUIRE PROVISION OF SECURITY PLANS FOR
ESTABLISHMENTS THAT PURCHASE AND SELL
SECONDHAND JEWELRY AND SECONDHAND
PRECIOUS METALS AND TO PROHIBIT PAWNSHOPS IN
THE "COMMUNITY BUSINESS (B2) DISTRICT";
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to permit the sale of secondhand jewelry and secondhand
precious metals in the 82 zoning district; and
WHEREAS, the City Commission desires to permit the sale of secondhand
jewelry and secondhand precious metals in the 82 zoning district but not to permit
pawnshops; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments
pursuant to the required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
Ordinance No. 2005-_
Page 2
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-21, "Definitions" of the City's Land Development
Regulations is hereby amended as follows 1:
Secondhand iewelrv shall mean any item of personal property or obiect of
value previously owned or used, which is not sold as new, and which
contains one or more diamonds. emeralds. rubies, sapphires or other
precious aemstone.
Secondhand orecious metals means any item of personal property or
obiect of value. previously owned or used, which is not sold as new, and
which contains Qold. silver, platinum or other precious metal.
Section 2. Section 31-144(c), "Community Business (B2) District" of the Land
Development Regulations is hereby amended as follows 1 :
(c) Community Business (B2) District.
(1) Uses permitted. No building or structure, or part, thereof,
shall be erected, altered or used, or land used in whole or
part for other than one or more of the following specific uses
provided the requirements set forth elsewhere in this section
are satisfied:
~ J'.sseSS9F)' llses ami strllctllres.
ee. Stores for the sale or purchase of secondhand iewelry
and/or secondhand precious metals. directly to the ultimate
consumer only, except that sales and purchases may be
made between vendors occupyina the same unit or
establishment. Such stores shall provide a security plan for
review by the City Manaaer or his desianee.
ft. Accessory uses and structures.
1 Underlined proYisions constitute additions to existing text; stFiskeR threlJll~ proYisions indicate deletions
from existing text.
Ordinance No. 2005-_
Page 3
(3) Uses Prohibited. The permitted uses enumerated in this
district shall not be construed to include, either as a
principal or accessory use, any of the following:
C. Sale of goods to other than the ultimate consumer, except sale
of secondhand iewelry and secondhand precious metals
between vendors occupvino the same unit or establishment.
e. Sales, display or storage of used merchandise, other than
antiques and secondhand iewelry and secondhand precious
metals.
t. Purchase of used goods, other than secondhand iewelry and
secondhand precious metals.
9.,. Pawnshops.
11.!1. Sale of fruit or merchandise from trucks, wagons or other
vehicles parked on or along public or private streets or from open
stands or vacant lots. Such business on private or public property
shall be conducted only from within approved permanent
substantial buildings.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and be
made a part of the Code of the City of Aventura; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section" or other appropriate word.
Ordinance No. 2005-_
Page 4
Section 5. 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 was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffery 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 was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffery M. Perlow
PASSED on first reading this 9th day of November, 2004.
Ordinance No. 2005-_
Page 5
PASSED AND ADOPTED on second reading this 4th day of January, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City Manag
BY: Teresa M. Soroka, CMC, City CI
TO: City Commission
DATE: September 22,2004
SUBJECT: Increase in Fees for Lien Search Information
1st Reading October 5,2004 City Commission Meeting Agenda Item l
2nd Reading November!l. 2004 City Commission Meeting Agenda Item ?5
Recommendation
It is recommended that the City Commission enact the attached Ordinance which
provides for an increase in fees for lien search information.
BackQround
During the first year of incorporation, a fee of $25 was established for provision of lien
search information. In recent months, we have received requests to include in our
response information concerning open building permits. This requires further research
and employee time, and therefore it is recommended that the fee for lien search
information be increased from the current charge of $25 to $50. A review of
neighboring municipalities indicates that this increase is equivalent to the fees charged
by the cities of Hallandale Beach and Hollywood.
If you have any questions or need any additional information, please feel free to contact
me.
ORDINANCE NO. 2004-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 2 "ADMINISTRATION", AT ARTICLE IV
"FINANCE", BY AMENDING SECTION 2-232 "REQUESTS
FOR INFORMATION CONCERNING PENDING CHARGES
OR LIENS; PREPARATION AND RECORDING OF LIENS
AND LIEN SATISFACTIONS"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Section 2-232 of Chapter 2 of the City Code of the City of Aventura
provides for fees for information concerning pending charges or liens, preparation and
recording of liens and lien satisfactions; and
WHEREAS, the City Commission desires to provide for an increase in the fees
for information concerning pending charges or liens.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted.
That the recital stated above is hereby
adopted and confirmed.
Section 2. City Code Amended. That paragraph (a) of Section 2-232
"Requests for information concerning pending charges or liens; preparation and
recording of liens and lien satisfactions" of Chapter 2 "Administration" of the City Code
is hereby amended to read as follows: 1
Sec. 2-232. ReQuests for information concerninQ pendinQ charQes or
liens: preparation and recordinQ of liens and lien satisfactions.
(a) A minimum service fee of $2€i.OQ $50,00 per request shall be
charged to a person making a request for information concerning
outstanding or pending charges or liens. Requests which require
1/ Proposed additions to existing Ordinance text are indicated by underlinin.: proposed deletions from existing
Ordinance text are indicated by SlfiketRrsllgll.
Ordinance No. 2004-_
Page 2
more than one hour of clerical time shall be assessed additional
fees of $25.00 per hour.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
Section 5. 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
2
Ordinance No. 2004-_
Page 3
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 5th day of October, 2004.
PASSED AND ADOPTED on second reading this _ day of November, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
~ht iitiami Mtrat~ __
Published DaiIv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
MARIA ANGEL
Who on oath that she is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company, a dally neWspaper at Miami in Dade
County, Florida; that the advertisement for City Of Aventura was published in
said newspaper in the issue of:
Miami Herald, local section Thursday, October 28th, 2004.
Affiant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade County, Florida, and that the said newspaper has heretofore been
continuously published in said Dade, County, Florida, each day and has been
entered as second class mall matter at the post office in Miami, in said Dade
County, Florida, for a period of one year next preceding the fust publication of
the attached copy of advertisement.
(I..k--.s:t?'" C . \~
~ANGEL
Sworn to and subscribed before me
This II day of '-f)~ iuL
. ~
L~~~Hf~ndez .. .
A.D. 2004
~"""""US,A'HE~'IIIIIIIJ t
E"'~ _o~ ~l'fJ I
: ;~~";l ..-211_ .
: ',';~i.. --(*1"--1
: ~'("ef,r.;..,"- Aorida NoIary ~.. Ire .
-...........................................1
900 West 49th Street, Suite 500, Hialeah, FL 33012
)I<NIGHTRIDDER)
~
. CllYOf AVENTURA'
NOTICE Of HEARING Of
, .... 'LOCAL PLANNINGiAGENCY
. {AND NonCE OF AMENDMENIOf
~ THE CITY'S lAND DEVELOPMENT
1 '. "'REGULATlONS<.':" .,........,.
~~_ _', '" ' ' "" ' " " " _ ,," .,
f;'ublic Notice is hereby given thatihe.Aventura City
Commission, sitting ..as the. City of Aven\ura LoqaL
p,lanning'Agency, wmmeet in a public .hearing on
luesday, Noyemt:>er..9, 2004 ar.6:00 p.m. ,to. consider
cldoption.of the following Ordinance:
; A/ll ORDINANCE OF THE. CITY OF AVENTURA,
'. FLORIDA, AMENDING SECTION 31"21
i "DEFINITIONS" OF THE . CITY'S LAND
i DEVELOPMENT REGULATIONS TO INCLUDE
:. DEFINITIONS FOR "SECONDHAND JEWELRY"
V AND "SECONDHAND . PRECIOUS' METALS"
LAND TO.' AMEND SECTION "31-144(c)'i
I "COMMUNITY BUSINESS (B2) DISTRICT" OF
i THE CITY'S" LAND DEVELOPMENT
; REGULATIONS TO..INCLUDE THE PURCHASE
i AND SALE OF SECONDHAND JEWELRY AND
.1 SECONDHAND PRECIOUS METALS AS A
'1 PERMITTED USE; TO REQUIRE PROVISION OF .
[SECURllCY. PLANS FOR ESJABLJsIiMENTs.,c;..
, j:,rHATPURCHAsE'AND SELL:SECQNDHANDl.,':t
. .....t.jEWELRY;:' 'AND ',.sEcdNDHANDtPRECIOUS/\
:'Ii:METALs.ANDiTOi;PROI-iIBIT,PAWNSHOPS"\'
;, i;,TI:IEuCOMIVIUNITY.BU5INESS'(B2rDISTRIC1:'~ .
<;PROVIDING FORiSEVERABltJTY;:,PROVIDIN . ."
..:iF;ORINCtUSIONINT.HE';ic:<?,g~~~~g~ID'IN ~;'\.
..... ..!~O.,. ,R.. .A. N.... ..E.F. [,.~<?T.".IV. ,E.DA. :r.E., 'c'. <.....il<... ,c!".;.'\"("~."...'.".f:: :. ~'.\.'.'
~ .., :.c',\"..;( \"'i''''',,~,;,,,~~!,,;,-",_,- <.:' ,,--' .-;'.' :".,;,.,\;f'~-"rA':"'~"\'~-"';~'i.;) -~f} ,.'
Jromedia!~IYJoilowing the Eocal. PfanflipgFAgElnC" .... , .. !l'i'Y"
:t!t.6. City>C'ommlssioriOf\the. City;;o(A>ieriiur<i';:W~s,,; ei'..
'g:o~ernirg' body,' will consider ala public:~earinQi;;9~;,fi~t;' i
.. r~adi'1g,ill~optiqnm .tqe apovedescribiJd. Ordinance>.:!,:~,;t,,;,:~. f.
~""""'~' :~' ,'i.' I, "":~,')'_,:.;,, , ;,' ," ", ,,'- ,:'/<:'''~'_,::,'' ,'~ ->;'-',';: :'-,L'::'::':';"f':'i'-,:~;,;',~:-
.;"lrhd,I~~nVQ 'r!~i:;'ri~Q~' o. rpli... J..leqrings'_wHI, be:heldatJh.e;J:;(tY~\t t
., . , . . .' ter, 19200 W~st C~uQ!I)i;:C;.lq!?~k';
" ' . '. '. . .. .. . The proposed Ordma[1ce may
019' in~pected by the public at the Office oft~e'.\mtY'.9Ie*f'
19200Wesl Country Club Drive, Aventura, ~I!lridadritetestedi
parties may appear at the Public Hearingan9 be. heard with
r~specttothe proposedOrdinance. .. ..'..;;....
Ihaccordance.wiih., th.e 'Americans'. with(;Disabililies.Aer-Of <
i990,ali persons who ;are disabled. and':who needspeCta(
accommodations to participate in this proceeding because of
t.hat disability should contact the Office 6f the CityGlerk, .
(~05) 466-8901, not later than two business days prior ..t? .
~~uch proceedings. . . , ".
II a person decides to appeal any decision made by the City .
Commission, as Local Planning Agency or as the governing
oody, with respect to any matter COnsidered at a meeting or .
tjearing, that person will need a record of the. proceedings
and, for such purpose, may need to ensure that a. yerbatim
r:\lcord of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is.to be
oased. ..
~'
r
~
Tel'esaM...soroka, CMq, City Clerk ,
~
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review flk/a 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 - PROPOSED ORDINANCES - 11/9/2004
ORDINANCE AMENDING CHAPTER 2 "ADMINISTRATION", ETC.
in the XXXX Court,
was published in said newspaper in the issues of
10/08/2004
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 Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing t . advertis n or publication in the said
newspaper
Sworn to and subscribed before me this
08 day of OCTOBER
,A.D. 2004
L'~/.d ~1L .,,--
(SEAL)
O.V. FERBEYRE person~~~~= 00338559
'1'.1 E.... July 18,2008
.....
.~..V.,...
CITY OF AVEN1'URA
PUBLIC NOTICE OF~EDORDINANCES .
'.',,~ -'; ..~t..',~'j1,:Jd,',- " .
NOTICEISHE~EB'fGIVEN that~X~ay, the 9th day of November,
2004 at a meeting of'the City CommisSion 'of the City of Aventura, to be
held at 6;00 p.m. in the Commis.siro. Chamber at Aventura Government
Center,. W200' West. Country Clu!l~,Orive,. Aventura, Florida, the City
Comm~"wijl consider .the adoption of the f()lIowing .Ordinance on
secQfic:!,f~9, entitled:
ANOFlQlNANCE OF THE CrN OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION", AT ARTIcLE IV "FINANCE", BY.
.~. SECTION 2-232 "REQUESTS FOR.INFORMA-
1JOIII CONCERNING PENDU\lG CHARGES OR LIENS; PREP-
~'J1qfot ANQ RECORDING Ot; LIENS AND .LIEN SATIS-
FA~$"; "'ROVlDIN~ FOR SEVERABILITY; PROVIDING
FOfllNCLUSlON IN CODE; PROVIDING FOR EFFECTIVE
DArt"
The propOSed Ordinance may be inspected by the public at the Office of
the City Clerk, 19200 West Country Club Drive, Aventura, Florida.
Interested. ~s may appear at the p.\JI:llic Hearil)9 and be heard with
res~ ,tQJhe lllpPOSed.Ordlnance..An}(P8rson\Vishing to address the'
City Cormli~ on any Jtem att/lis J;>>ublic Heari!19 may do so after the
Mayor opens the pUblic hearing.
In ~~\.,lth the AmericanS..With'P~i1i~S Act of 1990, all
pe~.:-vb<?:4f8 disabled and wno qeed '~a1 accommodations to
pa~!n .tPiJ proceeding because of that .pisabil!ty should contact
the Office of the City Clerk, 305-466-8901, not Iaterthan .two business
days prior to such proceedings. . .
. _..-', ,'..",.c';', " ,-,,", '-;,i'; -' '
If a persoJl~ to appeal any decjSioq"ffildflb~the City Commission
with respect to any matter. considered ~,a,meeting or. h~ring. that
person 'lYiH n~ a record of the. proceedings and, for such purpose, may
need toensunf1l\at a verbatim record ofttle::proeeedings is made, whiCh
record incl0tJ8S1he testimony and ellldehCeupon which the appeal is to
be based.
10/8
Teresa M. Soroka, CMC City Clerk
Q4-4-25/491894M,