11-13-2012CutY
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Gottlieb,
Susan Gottlieb, Mayor
The City o f
Eric M. Soroka, ICMA -CM
Aventura, Florida 33180
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Enbar Cohen
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Teresa M. Soroka, MMC
Teri Holzberg
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Billy Joel
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Michael Stern
Weiss Serota Helfman
Howard Weinberg
Pastoriza Cole & Boniske
Luz Urbaez Weinberg
NOVEMBER13,16116p
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. ELECTION OF VICE MAYOR
5. SPECIAL PRESENTATIONS: EMPLOYEE SERVICE AWARDS
SPECIAL RECOGNITION — POLICE DEPT.
LEED CERTIFICATE PRESENTATION
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 2, 2012 Commission Meeting
October 29, 2012 Commission Special Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
GRANT AVAILABLE THROUGH THE MIAMI -DADE
November 13, 2012
COUNTY; TO APPLY FOR, RECEIVE, AND EXPEND $4,123 IN
FEDERAL FUNDS FOR THE SCHOOL RESOURCE OFFICER
PROJECT; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT AGREEMENT BETWEEN THE CITY OF AVENTURA
AND THE STATE OF FLORIDA, OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF
FLORIDA TO REIMBURSE THE STATE FOR THE COST OF
STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL
VIOLATIONS OF THE CITY OF AVENTURA CODE;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
7. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be
advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment
upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak
on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives
testimony may be subject to cross - examination. If you refuse either to be cross - examined or to be sworn, your testimony will
be given its due weight. The general public will not be permitted to cross - examine witnesses, but the public may request the
Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence
of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the
Clerk.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW THE SALE OF WINE AND BEER AT A COCKTAIL
LOUNGE WITHIN SICILIAN OVEN RESTAURANT LOCATED AT
20475 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING
FOR AN EFFECTIVE DATE.
8. ORDINANCES: FIRST READING— PUBLIC INPUT:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2011 -08
WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2011/2012
FISCAL YEAR BY REVISING THE 2011/2012 FISCAL YEAR
OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT
"A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
9. ORDINANCES — SECOND READING — PUBLIC HEARING: None
6
10. RESOLUTIONS — PUBLIC HEARING: None.
11. REPORTS
12. PUBLIC COMMENTS
13. OTHER BUSINESS: None.
14. ADJOURNMENT
FUTURE MEETINGS
November 13, 2012
COMMISSION MEETING JANUARY 8, 2013 6PM COMMISSION CHAMBER
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305 -466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may
be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission
with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W.
Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at
305 -466 -8901.
K,
The Co of MINUTES Aventura Government Center
CITY COMMISSION MEETING 19200 W. Country Club Drive
OCTOBER 2, 2012 6 PM Aventura, Florida 33180
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1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Billy Joel,
Michael Stern, Luz Urbaez Weinberg, Vice Mayor Teri Holzberg, Mayor Gottlieb, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Commissioners Auerbach and Diamond.
3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Moved to be addressed after item 11.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Commissioner Auerbach, passed unanimously and
the following action was taken:
A. The following minutes were approved:
September 4, 2012 Commission Meeting
September 11, 2012 Commission 1St Budget Meeting
September 19, 2012 Commission 2 "d Budget Meeting
September 20, 2012 Workshop Meeting
B. Resolution No. 2012 -40 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $26,500
FOR CRIME PREVENTION PROGRAMS, EQUIPMENT AND CRIME
PREVENTION SCHOLARSHIP FROM THE POLICE FORFEITURE
FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
D. Resolution No. 2012 -41 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF CAP
GOVERNMENT TO PERFORM BUILDING AND PLAN REVIEW
SERVICES IN ACCORDANCE WITH ISQ #12- 08 -27 -2; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR
SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH AN
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 FOR AN EFFECTIVE DATE.
E. The following motion was approved:
CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING
BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
MOTION TO APPROVE THE ACES SCHOOL IMPROVEMENT PLAN
FOR 2012/13
F. Resolution No. 2012 -42 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE ATTACHED WORK AUTHORIZATION NO. 01 -0103 -163 FOR
PROFESSIONAL DESIGN SERVICES FOR THE COUNTRY CLUB
DRIVES (NORTHBOUND) RESURFACING IMPROVEMENTS PROJECT
BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN
EFFECTIVE DATE.
G. Resolution No. 2012 -43 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING
CONTRACT TO PRESTIGE AUTO TRANSPORT TOWING &
RECOVERY AND A BACK UP TOWING CONTRACT TO DOWNTOWN
TOWING CO.; AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
2
6. ZONING HEARINGS: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the
following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these
items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be
made available after the applicant and staff have made their presentations on each item. All testimony, including public
testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject
to cross -examination. If you refuse either to be cross -examined or to be swom, your testimony will be given its due weight. The
general public will not be permitted to cross - examine witnesses, but the public may request the Commission to ask questions
of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for
the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
Mr. Wolpin read the quasi-judicial procedures and ex parte communications, if any,
were filed with the City Clerk and then read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO PERMIT AN
ELEVEN STORY OR 135 FOOT HIGH RESIDENTIAL BUILDING IN THE
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL (RMF3B) ZONING
DISTRICT FOR PROPERTY LOCATED AT 3250 NE 188 STREET;
PROVIDING AN EFFECTIVE DATE.
City Clerk Teresa M. Soroka administered the oath to those interested parties
wishing to offer testimony. Community Development Director Joanne Carr
addressed the Commission and entered the staff report into the record. A motion
for approval was offered by Commissioner Auerbach and seconded by
Commissioner Diamond. Mayor Gottlieb opened the public hearing. The
following individuals addressed the Commission: Mrs. Ellington, 3017 NE 207
Terrace; Zvi Leibovici, 21395 Marina Cove Circle.; Hugo Pachens, 3131 NE 188
Street; Ezekiel Zashalom, 20335 W. Country Club Drive. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Resolution No. 2012 -43 was adopted.
7. ORDINANCES: FIRST READING /PUBLIC HEARING: None.
8. ORDINANCES: SECOND READING /PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PERTAINING TO USES PERMITTED AND DEVELOPMENT CRITERIA
FOR DEVELOPMENT IN THE TOWN CENTER (TC1) ZONING
DISTRICT; AMENDING SECTION 31- 145(6) "TOWN CENTER ZONING
DISTRICTS" OF ARTICLE VII "USE REGULATIONS" OF CHAPTER 31
"LAND DEVELOPMENT REGULATIONS" TO PERMIT A LIFESTYLE
CENTER USE AS A PERMITTED USE IN THE TOWN CENTER (TC1)
DISTRICT; PROVIDING FOR USE, DEVELOPMENT AND DESIGN
STANDARDS FOR THE LIFESTYLE CENTER USE; PROVIDING FOR
3
AMENDMENTS TO THE USES PERMITTED AND PROHIBITED WITHIN
THE TOWN CENTER (TC1) ZONING DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission and explained the ordinance. A
motion for approval was offered by Vice Mayor Holzberg and seconded by
Commissioner Stern. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2012-
14 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CODE OF ORDINANCES BY CHANGING ALL REFERENCES IN
THE CODE FROM "SOUTH FLORIDA BUILDING CODE" TO
"FLORIDA BUILDING CODE "; AMENDING SECTION 30 -165
"GENERAL PROVISIONS" AND SECTION 30 -167 "PROVISIONS FOR
FLOOD HAZARD REDUCTION" OF ARTICLE IV "FLOODS" OF
CHAPTER 30 "ENVIRONMENT" TO PROVIDE FOR INTERNAL
CONSISTENCY AND UPDATED CROSS - REFERENCES; AMENDING
ALL REFERENCES IN CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" TO CHANGE THE REQUIREMENT OF AN
"OWNERSHIP AND ENCUMBRANCE REPORT" TO AN "OPINION OF
TITLE "; AMENDING SECTION 31 -53 "AMENDMENTS TO THE
COMPREHENSIVE PLAN" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" TO UPDATE A REFERENCE TO THE APPLICABLE
SECTION OF THE FLORIDA STATUTES; AMENDING SECTION 31 -79
"ADMINISTRATIVE SITE PLAN REVIEW" OF CHAPTER 31 "LAND
DEVELOPMENT REGULATIONS" TO PROVIDE FOR TIME LIMITS TO
COMPLETE THE PHASES OF DEVELOPMENT OF A PHASED SITE
PLAN; AMENDING SECTION 31 -171 "OFF- STREET PARKING AND
LOADING STANDARDS" OF CHAPTER 31 "LAND DEVELOPMENT
REGULATIONS" TO UPDATE THE PARKING STALL DIMENSION
FIGURE AND TO ADD THE REQUIRED SIZE OF A PARALLEL
PARKING SPACE; AMENDING SECTION 31 -221, "LANDSCAPING
REQUIREMENTS" TO UPDATE MINIMUM LANDSCAPE DESIGN
STANDARDS FOR INTERIOR ISLANDS IN PARKING LOTS; AND
AMENDING SECTION 31 -239, "COMPLIANCE WITH
COMPREHENSIVE PLAN" TO UPDATE THE LEVEL OF SERVICE
STANDARDS FOR POTABLE WATER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
4
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Weinberg. Ms. Carr addressed the Commission and
explained the ordinance. Mayor Gottlieb opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote and Ordinance No. 2012-
15 was enacted.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA CREATING
DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD" OF
ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2
"ADMINISTRATION" OF THE CITY CODE OF THE CITY OF
AVENTURA, FLORIDA ; ESTABLISHING ADVISORY BOARD AND
PROVIDING FOR ITS DUTIES AND RESPONSIBILITIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR AN EFFECTIVE DATE
A motion for approval was offered by Commissioner Diamond, and
seconded by Commissioner Joel. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2012 -16 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10. REPORTS: As presented.
Plaques and Keys to the City were presented to outgoing Commissioners Zev
Auerbach and Bob Diamond.
Jan Solomon, representing Florida International University and Mr. & Mrs.
Rosenberg (who were in attendance earlier in the meeting) presented the first
Gerald and Esther Rosenberg Scholarship to Florida International University to
Mirkala Huffman, spouse of City of Aventura Police Officer Mark Huffman.
11. PUBLIC COMMENTS: Jonathan Evans, 7000 Island Blvd.; Bob Burroughs;
Elaine Adler, Aventura Marketing Council President; Frida Lapidot; Arthur Barr;
Joe Platnick; Rosa Naccaratto, Admirals Port; Enbar Cohen; Howard Weinberg,
Parc Central; Gary Pyott; Shera Losos, Krop High School student.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 8:06 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting
or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
C
MINUTES
CITY COMMISSION MEETING Aventura Government Center
19200 W. Country Club Drive
October 29, 2012 4 p.m. Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 4 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Billy Joel, Michael
Stern, Luz Urbaez Weinberg (arrived after item 2), Vice Mayor Teri Holzberg, Mayor
Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
Matthew Pearl. Commissioner Zev Auerbach was absent. As a quorum was
determined to be present, the meeting commenced.
2. MOTION: Mrs. Soroka read the following motion which was offered by
Commissioner Joel, seconded by Vice Mayor Holzberg and unanimously passed:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $400,000 FOR
THE POLICE GARAGE SECURITY PROJECT FROM THE POLICE FEDERAL
FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
3. RESOLUTION: Mrs. Soroka read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID /CONTRACT FOR BID NO. 13 -10-
05-2, CITY OF AVENTURA GOVERNMENT CENTER PARKING EXPANSION,
TO MUNILLA CONSTRUCTION MANAGEMENT, LLC AT THE BID PRICE OF
$3,876,493; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Diamond and seconded by
Commissioner Stern. Rodney Crocker, PGAL representative, addressed the
Commission. The motion for approval passed unanimously by roll call vote and
Resolution No. 2012 -45 was adopted.
3. 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 4:25 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City qanaer
DATE: October 4, 2012
SUBJECT: Resolution Declaring Equipment Surplus
November 13, 2012 Commission Meeting Agenda Item 6-8
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the City.
BACKGROUND
Section 2 -258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000 -09 provides that all City -owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade -in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2012 -
Page 2
PASSED AND ADOPTED this 13 day of November, 2012.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. roka C' Manager
FR . ven Steinberg, Chief of Police
DATE: 4 October 2012
SUBJECT: Surplus Property
I would like to have the listed item, owned by the City of Aventura, declared
Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page
1, as these items have become inadequate for public purposes:
1 - Conference table; Asset # 0109
Note: this table is approx. 12 -14 years old
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM. n Steinberg, Chief of Police
DATE: 11 October 2012
SUBJECT: Surplus Property
I would like to have the attached listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
See attached memos from U. Mauer regarding surplus Taser equipment.
6 r
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
FROM: Lt. M. Mauer PAfA
SUBJECT: Taser Equipment
DATE: October 9, 2012
Taser Cartridges:
Useable (not expired)
Box1 50 cartridges
Box 2 39 cartridges
Box 3 50 cartridges
Total 139 cartridges
Expired cartridges:
Box 4 47 cartridges
Defective cartridges:
Box 5 14 cartridges
Batteries
New batteries: 38 extended batteries
22 flat batteries
153 used batteries
59 holsters
4 USB download kits
2 belt holders for cartridges
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
FROM: U. M. Mauer
SUBJECT: Taser Equipment
DATE: October 9, 2012
Taser Cartridges: Box1
C410171 EH
C410OH735
C410170FM
C410OH676
C4100FXP2
C4100H4NF
C41016YTD
C41017T56
C41016YYF
C410170R1
C4100H4YX
C4100H6EW
C41ooH6T9
C410170PF
H08- 998441
H09- 1406986
H09- 1545314
H09- 1545444
H09- 1406954
H09- 1406968
H09- 1545159
H09- 1545296
H09- 1545404
H09- 1406974
H09- 1406984
H09- 1545317
H07- 528584
H09- 1406971
H09- 1545361
H09- 1544707
H09- 1545247
H09- 1406947
H09- 1406948
H09- 1406997
H06- 387643
H06- 387500
H09- 1545340
H09- 1545347
C410OH27P
C4100FXXH
C410170N5
H09- 1545412
H09- 1545310
H09- 1406950
H09- 1406962
H09- 1545271
H09- 1545337
H09- 1545330
H09- 1545403
H09- 1545136
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
FROM: Lt. M. Mauer
SUBJECT: Taser Equipment
DATE: October 9. 2012
Taser Cartridges: Box 2 (39)
H09- 1545345
H09- 1406958
H08- 948393
H09- 1545357
H09- 1407086
H09- 1545082
H09- 1545278
H09- 1406940
H09- 1545305
H09- 1545030
H09- 1545358
H09- 1545035
H10-1555319
H09- 1545321
H09- 1545138
H09- 1545374
H09- 1545274
H09- 1545290
H09- 1545272
H09- 1545402
H09- 1406965
H09- 1406957
C4100H4YP
C41017T3C
C4100H8WX
C4100H6AN
C4100H4WD
C410OH67X
C4100H5A2
C4100HOEY
C410017W8P
C410OH8T4
C410OFYHK
C410017RRM
C410OR579
C41017PXM
C410OH6AK
C410OH2RA
C410OH68N
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
FROM: Lt. M. Mauer
SUBJECT: Taser Equipment
DATE: October 9, 2012
Taser Cartridges: BOX3 (50)
C410OH592
C4100H5P6
C410OR55C
C410OH695
C4100H5EV
C41017T91
C4100H6V4
C41017KAT
C4106YTK
C410OR64W
C4100H8XK
C410OH78M
C4100H5D6
C41017CCN
C4100H5MY
C4100H6F4
C4100FHPE
C41016YY8
C41017K7T
C41016YM6
C41017CDK
C4101719P
C41017RTD
C41017RPR
C41017T45
C410170ET
C410170EK
C41017T7W
C41016YDC
C41016YF4
C41017030
C410171 ED
C410170PD
C41017VYN
C41017T3N
C41016YVF
C410170R6
C41017T8D
C41016YWF
C41017T4W
C41017T39
C4101TT1R
C41017T8V
C41016YPT
C410170M3
C41017T48
C410170FK
C41016YWW
C41017RTV
C41017T59
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
FROM: Lt. M. Mauer
SUBJECT: Taser Equipment
DATE: October 9, 2012
Taser Cartridges: Box 4
Expired cartridges
H05- 147122
H05- 115661
H07- 528545
H06- 196115
H06- 387615
H06- 498129
H06- 437518
H06- 437474
H06- 387671
H06- 387661
H06- 498122
H06- 387624
H07- 528541
H06- 387627
H06- 437546
H04-002120
H06-498136
H07- 751462
H07- 528600
H04- 001506
H10-1555311
H09- 1545360
H06- 387669
H04- 002156
H07- 751319
H04 -002111
H07- 750572
H06- 387578
H07- 528551
H05- 130893
H06- 387576
H06- 387487
H06- 387631
H05- 121102
H04- 002295
H04 -002153
H07- 528515
H07- 751325
H05- 115633
H04- 002115
H07- 528569
Ho5- 115665
H06 -437479
H05- 150372
H06- 387660
H06- 498145
Ho7- 751318
TO: Chief Steinberg
FROM: Lt. M. Mauer
SUBJECT: Taser Equipment
DATE: October 9, 2012
Taser Cartridges: box 5
Defective cartridges
H06-498133
H04- 002287
H05- 115666
C41017T9Y
H09- 1545446
H07- 750762
C4100H6PP
H05- 115625
H07- 751328
H09- 1544971
H06-387607
H06- 437471
C410OH671
H10-1555315
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: even Steinberg, Chief of Police
DATE: 22 October 2012
SUBJECT: Surplus Property
I would like to have the attached listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
See attached lists 2 bikes that were abandoned property converted to city use
some time ago. The bikes have out lived their service life and are requested to
be declared surplus and destroyed.
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
FROM: Lt. Labombarda
SUBJECT: Surplus Property
Date: October 19, 2012
Chief,
Requesting the following two bicycles be converted to surplus property to be disposed
of appropriately.
(1) Riviera — Versato 14 Speed Mountain Bike
(2) Mongoose XR 35 14 Speed Mountain Bike
Both bikes are beyond reasonable service life.
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM.19 ven Steinberg, Chief of Police
DATE: 30 October 2012
SUBJECT: Surplus Property
I would like to have the attached listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
See attached memos:
Memo dated 25 October 2012: 1 Cabinet
1 Round table
Memo dated 30 October 2012: 6 Bicycles
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Chief Steinberg
FROM: Lt. Labombard
SUBJECT: Surplus Property
Date: October 25,2012
Chief,
Requesting the status of the following items be changed to surplus property so that can
be sold, donated or destroyed.
1- Four Drawer File Cabinet Inventory Tag 1034
2- One 48 Inch Round Table Inventory Tag 1058
TO: Chief Steinberg
FROM: Lt.
SUBJECT: Request to
Date: October 30, 2012
Chief,
CITY OF "ENTURA
POLICE DEPARTMENT
MEMORANDUM
Property - Bicycles
Request to convert the following bicycles to surplus property so they may be sold or
discarded as appropriate. These are the original bicycles purchased by the agency and
they are no longer utilized.
Make: Caloi
Model: Sigma
■r• u:
1) 21 inch frame w/ rack
2) 21 inch frame w /rack
3) 19 inch frame w /rack
4) 19 inch frame w /rack
5) 17 inch frame w /rack
6) 17 kxh frame w /rack
APD -001
APD -002
APD -003
APD-004
APD -005
APD-006
CITY OF AVENTURA
INFORMATION TECHNOLOGY DEPARTMENT
MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: Karen J. Lanke, Information Technology Director
DATE: November 5, 2012
SUBJECT: Surplus Computer Equipment
I am requesting that the computer equipment listed on the attached spreadsheet be
declared surplus property as the equipment no longer meets the needs of the City.
Please let me know if you have any questions regarding this request.
Attachment
City of Aventura
Computer Equipment Inventory
Exhibit A
Brand
Model
Qty
Serial Number
Type
Dell
SLDMX1751675 Dell Black 24V SOP5 W /Bell
1
2489233
Cash Drawer
Dell
Optiplex 745
1
31J9ZC1
Desktop
Dell
Optiplex 745
1
DT232D1
Desktop
Dell
Optiplex 755
1
2T4PYH1
Desktop
Dell
Optiplex 755
1
1 C5TTCH1
Desktop
Dell
Optiplex 755
1
GSTTCHI
Desktop
Dell
Optiplex 755
1
HSTTCHI
Desktop
Dell
Optiplex 755
1
HGLMGH1
Desktop
Dell
Optiplex 760
1
2TH5WK1
Desktop
Dell
Optiplex 760
1
82S4WK1
Desktop
Dell
Optiplex GX620
1
2RPSWB1
Desktop
Dell
Optiplex GX620
1
3CCS591
Desktop
Dell
Optiplex GX620
1
3T1CNB1
Desktop
Dell
Optiplex GX620
1
4RPSWB1
Desktop
Dell
Optiplex GX620
1
6RPSWB1
Desktop
Dell
Optiplex GX620
1
9RPSWB1
Desktop
Dell
Optiplex GX620
1
FRPSWB1
Desktop
Dell
Latitude D630
1
3HZ82D1
Laptop
Dell
Latitude D630
1
8WJOWD1
Laptop
Dell
Latitude D630
1
F90NGH1
Laptop
Dell
15" Monitor 1504FP
1
KR03X966476022C2D154
Monitor
HP
Deskjet 6127
1
MY2A31 N347
Printer
HP
Deskjet 6127
1
MY3B91 N2H9
Printer
HP
HP Color LaserJet 3600n
1
CNTBB68974
Printer
HP
Officejet 6500
1
MY9AM2Y93R
Printer
APC
RS800
6
UPS
Page t of 1 11/5/2012
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA- City Manage
DATE: October 11, 2012
SUBJECT
Resolution Authorizing Execution of-- federal Drug Control and
System Improvement Program Grant to Fund School Resource
Officer Drug and Crime Prevention Programs
November 13, 2011 City Commission Meeting Agenda Item 6 -e-
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 $4,123 to fund various
crime prevention programs designed to educate the students and parents of the school.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1786 -12
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND APPLY FOR THE
FEDERAL DRUG CONTROL AND SYSTEM
IMPROVEMENT PROGRAM GRANT AVAILABLE
THROUGH THE MIAMI -DADE COUNTY; TO APPLY FOR,
RECEIVE, AND EXPEND $4,123 IN FEDERAL FUNDS
FOR THE SCHOOL RESOURCE OFFICER PROJECT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura desires to accomplish
the purpose outlined in the contract attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to apply for funds in the
approximate amount of $4,123 and execute such contracts and agreements as are
required between Miami -Dade County and the City of Aventura to provide for services
provided by the Community Drug & Crime Prevention School Resource Officer Program
in substantially the form as attached hereto.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2011
Page 2
PASSED AND ADOPTED this 13th day of November, 2012.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Aventura
FY2013
Contract
MIAMI-DAD
miamidade.gov
October 3, 2012
Chief Steve Steinberg
Aventura Police Department
19200 West Country Club Drive
Aventura, FL 33180
Management and Budget
Grants Coordination
111 NW 1 st Street • 19th Floor
Miami, Florida 33128
T 305 - 375 -4742 F 305 - 375 -4049
RE: Contract Award FY2013
Edward Byrne Memorial Justice Assistance Grant (JAG)
Dear Chief Steinberg:
We are pleased to provide you with the contract for your program under
the Miami -Dade County Edward Byrne Memorial Justice Assistance
Grant for FY2013. The federal funds allocated for your city are
$4,123.
We are providing you with copies of three original contracts for your
program. Each of the three contracts must have the ORIGINAL
signatures of the Manager /Mayor and City Clerk, and must have the city
seal affixed on the contract signature page. Also, the contracts include
several Affidavits which require an ORIGINAL and notarized signature.
Upon signing by your city officials, the contracts are to be returned to this
office along with the City Council resolution to accept these funds. Our
staff will complete the execution process in the County and send you a
fully executed contract for your records. Reimbursement for First
Quarter expenditures can occur ONLY if the contract is fully signed by
the jurisdiction and returned to the Office of Management and Budget
with the accompanying council resolution.
In accordance with your communication with this office, it is our
understanding that Ms. Shelisa Persaud is the designated contact
persons for this project. As such, all routine correspondence and
reporting activities throughout the grant year will be directed to her
attention. Please notify us immediately if this designation changes.
If you have any questions on this matter, please contact me at (305) 375-
2108. We look forward to working with you this year!
Sincerely,
Michaela Doh y
Project Planner
Enclosures
MIAMI -DADE COUNTY
CONTRACT
This Contract, made this day of 2012, by and between
Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as
"County ") through its Office of Management and Budget (hereinafter referred to as
"Department "), located at 111 N.W. First Street, 19th Floor Miami, FL 33128, and the CITY of
AVENTURA a municipality located in Miami -Dade County, Florida (hereinafter referred to as
"Provider "). This Contract provides the terms and conditions pursuant to which the Provider
shall provide a School Resource Officer Project.
WHEREAS, the County has been awarded federal funds from the Drug Control and
System Improvement Formula Grant Program under Public Law 100 -690, the Federal Anti -Drug
Abuse Act of 1988, hereinafter referred to as the ACT; and
WHEREAS, the Provider warrants and represents that it possesses the legal
authority to enter into this Contract by way of resolution, motion or similar action that has been
duly adopted or passed as an official act of the Provider's governing body, authorizing the
execution of the Contract, including all understandings and assurances contained herein, and
authorizing the person identified as the official representative of the Provider to carry out on
behalf of the Provider all of the duties and responsibilities set forth in this Contract; and
WHEREAS, this Contract shall be deemed effective upon award of grant funds by
the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to
Miami -Dade County or when this Contract has been duly executed by both parties, whichever is
later; and
WHEREAS, the County is desirous of supporting an expansion of the services
provided by the School Resource Officer Project by providing a portion of the federal funds
awarded to Miami -Dade County to the School Resource Officer Project; and
WHEREAS, the County as contractor /grantee for the State of Florida is authorized to
purchase said services for the School Resource Officer Project as an allowable activity under
the ACT; and
WHEREAS, the County requires the above - mentioned services from the Provider in
order to fulfill its contractual obligations under the aforementioned grant,
NOW, THEREFORE, for and in consideration of the mutual covenants recorded
herein, the parties hereto agree as follows:
I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for
services rendered under this Contract, shall not exceed $4,123. Both parties agree that should
available County funding be reduced, the amount payable under this Contract may be
proportionately reduced at the option of the County.
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H. SCOPE OF SERVICES. The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachment A.
III. EFFECTIVE TERM. The effective term of this Contract shall be from October 1, 2012
through September 30, 2013.
IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial
resources to meet the expenses incurred during the period between the provision of services
and payment by the County; however a Cash Match is not required for this grant term.
V. REQUIREMENTS RELATED TO USE OF ANTI -DRUG ABUSE FUNDS UNDER THE
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
A. Requirements of the Anti -Drug Abuse Act. The Provider agrees to abide by all
of the requirements of the Anti -Drug Abuse Act of 1988 under the Drug Control and System
Improvement Formula Grant Program, as may be amended from time to time, as well as with
Chapter 11 D -9 of the Florida Administrative Code, and all applicable federal, state and local
laws, regulations and policies. Furthermore, the Florida Department of Law Enforcement,
Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial Justice
Assistance Grant Program Application for Funding Assistance and all laws, rules, regulations
relating thereto are incorporated herein by reference as if fully set forth. Furthermore, this
award is subject to all applicable rules, regulations, and conditions as contained in the Financial
and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs,
Common Rule for State and Local Governments and A -87, or OMB Circulars A -110 or A -102,
as applicable, and A -21, in their entirety. It is also subject to such further rules, regulations and
policies as may be reasonably prescribed by the State or Federal Government consistent with
the purposes and authorization of Public Law 90 -351, as amended, and Public Law 100 -690.
B. Supplanting. The Provider agrees that funds received under this Contract shall
be utilized to supplement, not supplant state or local funds, and will be used to increase the
amounts of such funds that would, in the absence of grant funds, be made available for anti-
drug law enforcement activities, in accordance with Rule Chapter 11 D -9, Florida Administrative
Code.
VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services
by assuring that services are provided by the same person whenever possible and, if not, by a
qualified replacement when necessary.
VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be
responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2)
whenever the County so requests, meeting with County staff to review such compliance.
VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold
harmless the County and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of defense, which the County or
its officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Contract by the Provider or its employees, agents,
servants, partners, principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
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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. Nothing herein shall be construed to extend any party's liability
beyond that provided in section 768.28, Florida Statutes.
IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined
by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written
verification of liability protection in accordance with section 768.28, Florida Statutes.
X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed
professionals providing School Resource Officer services shall have appropriate licenses,
training and experience in the field in which he /she practices and abide by all applicable State
and Federal laws and regulations and ethical standards consistent with those established for
his /her profession. Ignorance on the part of the Provider shall in no way relieve it from any of
its responsibilities in this regard.
The Provider agrees to comply with all applicable laws, regulations, ordinances and
resolutions regarding background screening of employees, volunteers and subcontractors.
Provider's failure to comply with any applicable laws, regulations, ordinances and resolutions
regarding background screening of employees, volunteers and subcontractors is grounds for a
material breach and termination of this contract at the sole discretion of the County.
The Provider agrees to comply with all applicable laws (including but not limited to
Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 435, Florida Statutes, as may be
amended form time to time), regulations, ordinances and resolutions, regarding background
screening of those who may work or volunteer with vulnerable persons, as defined by section
435.02, Florida Statutes, as may be amended from time to time.
In the event criminal background screening is required by law, the State of Florida
and /or the County, the Provider will permit only employees and subcontractors with a
satisfactory national criminal background check through an appropriate screening agency (i.e.,
the Florida Department of Juvenile Justice, Florida Department of Law Enforcement or Federal
Bureau of Investigation) to work or volunteer in direct contact with vulnerable persons.
The Provider agrees to ensure that employees and subcontracted personnel who work
with vulnerable persons satisfactorily complete and pass Level 2 background screening before
working or volunteering with vulnerable persons. Provider shall furnish the County with proof
that employees, volunteers and subcontracted personnel, who work with vulnerable persons,
satisfactorily passed Level 2 background screening, pursuant to Chapter 435, Florida Statutes,
as may be amended from time to time.
If the Provider fails to furnish to the County proof that an employee, volunteer or
subcontractor's Level 2 background screening was satisfactorily passed and completed prior to
that employee or subcontractor working or volunteering with a vulnerable person or vulnerable
persons, the County shall not disburse any further funds and this Contract may be subject to
termination at the sole discretion of the County.
3of14
XI. CONFLICT OF INTEREST. The Provider agrees to abide by and be governed by the
Miami -Dade County Conflict of Interest and Code of Ethics Ordinance codified at Section 2 -11.1
et al. of the Code of Miami -Dade County, as may be amended from time to time, which is
incorporated herein by reference as if fully set forth herein, in connection with its Contract
obligations hereunder.
Nepotism. The Provider will comply with section 112.3135 of the Florida Statutes
regarding restrictions on employment of relations.
XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami -
Dade County ( "County Code "), as amended, which prohibits discrimination in employment,
housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended,
which prohibits discrimination in employment and public accommodation; the Age
Discrimination Act of 1975, 42 U.S.C., §2000d as amended, which prohibits discrimination in
employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, as
amended, which prohibits discrimination on the basis of disability; and the Americans with
Disabilities Act, 42 U.S.C. §12103 et 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. §1612, and the Fair
Housing Act, 42 U.S.C. §3601 et se g. 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:
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If to the COUNTY:
If to the PROVIDER:
Miami -Dade County
Office of Management and Budget
111 NW First St., 19th Floor
Miami, Florida 33128
Attention: Ms. Michaela Doherty
Aventura Police Department
19200 W. Country Club Dr.
Aventura, FL 33180
Attention: Ms. Shelisa Persaud
XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. It is expressly understood
and intended that the Provider is only a recipient of funding support and is not an agent or
instrumentality of the County. Furthermore, the Provider's agents and employees are not
agents or employees of the County.
XV. BREACH OF CONTRACT: COUNTY REMEDIES.
A. Breach. A breach by the Provider shall have occurred under this Contract if: (1)
The Provider fails to provide services outlined in the Scope of Services (Attachment A) within
the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds
allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete
proof of expenditures to support reimbursement requests or fails to submit or submits
incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the
Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider
refuses to allow the County access to records or refuses to allow the County to monitor,
evaluate and review the Provider's program; (6) the Provider discriminates under any of the
laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence
Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions
of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its
obligations under this Contract through fraud, misrepresentation or material misstatement; (10)
the Provider fails to correct deficiencies found during a monitoring, evaluation or review within
the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami -
Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and
conditions of any obligation under any contract or otherwise or any repayment schedule to any
of its agencies or instrumentalities; or (13) the Provider fails to fulfill in a timely and proper
manner any and all of its obligations, covenants, agreements and stipulations in this Contract.
Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of this Contract.
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)
5of14
request the return of all finished or unfinished documents, data studies, surveys, drawings,
maps, models, photographs, reports prepared and secured by the Provider with County funds
under this Contract; (b) seek reimbursement of County funds allocated to the Provider under
this Contract; (c) terminate or cancel any other contracts entered into between the County and
the Provider. The Provider shall be responsible for all direct and indirect costs associated with
such termination, including attorney's fees;
2. The County may suspend payment in whole or in part under this Contract
by providing written notice to the Provider of such suspension and specifying the effective date
thereof, at least five (5) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the Provider as
condition precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any other
contracts entered into between the County and the Provider. The Provider shall be responsible
for all direct and indirect costs associated with such suspension, including attorney's fees;
3. The County may seek enforcement of this Contract including but not
limited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible
for all direct and indirect costs associated with such enforcement, including attorney's fees;
4. The County may debar the Provider from future County contracting;
5. If, for any reason, the Provider should attempt to meet its obligations
under this Contract through fraud, misrepresentation or material misstatement, the County
shall, whenever practicable terminate this Contract by giving written notice to the Provider of
such termination and specifying the effective date thereof at least five (5) days before the
effective date of such termination. The County may terminate or cancel any other contracts
which such individual or entity has with the County. Such individual or entity shall be
responsible for all direct or indirect costs associated with such termination or cancellation,
including attorney's fees. Any individual or entity who attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material misstatement may be
disbarred from County contracting for up to five (5) years;
6. Any other remedy available at law or equity.
C. The County Mayor or Mayor's designee is authorized to terminate this Contract
on behalf of the County.
D. Damages Sustained. Notwithstanding the above, the Provider shall not be
relieved of liability to the County for damages sustained by the County by virtue of any breach
of the Contract, and the County may withhold any payments to the Provider until such time as
the exact amount of damages due the County is determined. The Provider shall be responsible
for all direct and indirect costs associated with such action, including attorney's fees.
XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be
terminated by either party hereto by written notice to the other party of such intent to terminate
at least thirty (30) days prior to the effective date of such termination. The County Mayor or
Mayor's designee is authorized to terminate this Contract on behalf of the County.
6of14
XVII. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all
expenditures or costs shall be made in accordance with the Budget which is attached herein
and incorporated hereto as Attachment B.
A. Budget Variance. Funds may be shifted between approved line items, not to
exceed ten percent (10 %) of the total budget, without a written amendment, upon written
approval of the Department. Variances greater than ten percent (10 %) in any approved line
item shall require a written amendment signed by both parties.
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, and will notify the Provider in writing of
the recapture amount.
C. Payment Procedures. The County agrees to pay the Provider for
services rendered under this Contract based on the line item budget incorporated herein and
attached hereto as Attachment B. The parties agree that this is a cost -basis Contract and the
Provider shall be paid through reimbursement payment for allowable expenses on the budget
approved under this Contract (see Attachment B). The Provider agrees to invoice the County
for each School Resource Officer Project using the Quarterly Expenditure Report as it
appears in Attachment D, and to do so on a quarterly basis, as stated in Section XIX. B.2. The
Quarterly Expenditure Report shall be prepared in a manner in accordance with the form
provided in Attachment D. The final Quarterly Expenditure Report shall be submitted by
October 15, 2013
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 Property. The Provider is required to be prudent in the acquisition
and management of property with federal funds. Expenditure of funds for the acquisition of
new property, when suitable property required for the successful execution of projects is
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already available within the Provider organization, will be considered an unnecessary
expenditure.
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, as well as the
cost of the proposed equipment and the size of the Provider organization. The Provider shall
maintain an adequate property management system. The establishment of a screening
committee may facilitate the process; however, the Provider may utilize other management
techniques which it finds effective as a basis for determining that the property is needed and
that it is not already within the Provider's organization. The County must ensure that the
screening referenced above takes place and that the Provider has an effective system for
property management. The Provider is hereby informed that if the County is made aware that
the Provider does not employ an adequate property management system, project costs
associated with the acquisition of the property may be disallowed.
C. Loss, Damage or Theft of Equipment. The Provider is responsible for replacing
or repairing any 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 Funds under this Contract. Equipment acquired shall
be used and managed by the Provider to ensure that the equipment is used for criminal justice
purposes.
E. Management. The Provider's procedures for managing equipment (including
replacement), whether acquired in whole or in part with project funds, will, at a minimum, meet
the following requirements: 1) Property records must be maintained which include description
of property, serial number or other identification number, source of the property, identification of
who holds the title, acquisition date, costs of the property, percentage of County participation in
the cost of the property (Federal funds), location of property, use and condition of the property,
disposition data including the date of disposal and sale price; 2) a physical inventory of the
property must be taken and the results reconciled with the property records at least once every
two (2) years; 3) a control system must exist to ensure adequate safeguards to prevent loss,
damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider
as appropriate; 4) adequate maintenance procedures must exist to keep the property in good
condition; and 5) if the Provider is authorized or required to sell the property, proper sales
procedures must be established to ensure the highest possible return.
F. Retention of Property Records. Records for equipment, nonexpendable
personal property, and real property shall be retained for a period of at least five (5) 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 five -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.
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A. Records. All program records will be retained by the Provider for not less
than five (5) years beyond the term of this Contract. In accordance with contract requirements
from the State of Florida, records for the School Resource Officer Project services must
reflect:
The names of staff providing services as described in Attachment A.
2. The dates and number of hours the staff provided services.
3. The dates of services and activities and the names of program
participants in attendance to such as described in Attachment A.
4. The records of all other program services provided under this Contract.
B. Reporting Requirements.
1. Quarterly Project Performance Report. The Provider shall submit the
Quarterly Project Performance Report to the Office of Management and Budget by January 5,
April 5, July 5, and October 5, 2013 covering the Contract activity for the previous quarter. The
Quarterly Project Performance Report shall be submitted in the format and using the form
attached hereto as Attachment C.
2. Quarterly Expenditure Report. The provider shall submit the Quarterly
Expenditure Report with supporting documentation to the Office of Management and Budget by
January 15, April 15, July 15, and October 15, 2013 covering the expenditures to be reimbursed
for the previous quarter. The Quarterly Expenditure Report shall be submitted in the format and
using the form attached hereto as Attachment D.
3. Other Required Reports. The Provider shall submit other reports as may
be required by the Office of Management and Budget during the program year.
C. Changes to Reporting Requirements. The Provider understands that the
County may at any time require changes in data collected, records or reporting, as may be
necessary and agrees to comply with any such modifications.
D. Monitoring and Audit. The Provider shall make available for review, inspection,
monitoring or audit by the County without notice during normal business hours all financial
records and other program records and documents which relate to or have been produced or
created as a result of this Contract. The Provider shall provide assistance as may be
necessary to facilitate a financial /program audit when deemed necessary by the County to
ensure compliance with applicable accounting and financial standards. The County reserves
the right to require the Provider to submit to an audit of the County's choosing. Furthermore,
the Provider understands, it may be subject to an audit, random or otherwise, by the Office of
the Dade County Inspector General or independent private sector inspector general retained by
the Office of the Inspector General.
E. Office of Miami -Dade County Inspector General. Miami -Dade County has
established the Office of the Inspector General, which is empowered to perform random audits
on all County contracts throughout the duration of each contract. Grant recipients are exempt
from paying the cost of the audit, which is normally 1/4 of 1% of the total contract amount.
9of14
The Miami -Dade County Inspector General is authorized and empowered to review past,
present and proposed County and Public Health Trust Programs, contracts, transactions,
accounts, records, and programs. In addition, the Inspector General has the power to
subpoena witness, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance with plans,
specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness of
proposed change orders to the Contract. The Inspector General is empowered to retain the
services of independent private sector inspectors general to audit, investigate, monitor,
oversee, inspect and review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal submittals, activities of
the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to
ensure compliance with contract specifications and to detect fraud and corruption
Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG
retained by the Inspector General, the Provider shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and copying. The
Inspector General and IPSIG shall have the right to inspect and copy all documents and
records in the Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to
original estimate files, change order estimate files, worksheets, proposals and Contracts from
and with successful and unsuccessful subcontractors and suppliers, all project - related
correspondence, memoranda, instructions, financial documents, construction documents,
proposal and contract documents, back - charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received,
payroll and personnel records, and supporting documentation for the aforesaid documents and
records.
The provisions in this section shall apply to the Provider, its officers, agents, employees,
subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all
subcontracts and all other Contracts executed by the Provider in connection with the
performance of the contract.
Nothing in this contract shall impair any independent right of the County to conduct audit or
investigative activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Provider or third parties.
F. Independent Private Sector Inspector General Reviews. Pursuant to Miami -
Dade County Administrative Order 3 -20, the Provider is aware that the County has the right to
retain the services of an Independent Private Sector Inspector General ( "IPSIG "), whenever the
County deems it appropriate to do so. Upon written notice from the County, the Provider shall
make available to the IPSIG retained by the County, all requested records and documentation
pertaining to this Contract for inspection and copying. The County shall be responsible for the
payment of these IPSIG services, and under no circumstances shall the Provider's budget and
any changes thereto approved by the County, be inclusive of any changes relating to these
IPSIG services.
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The terms of this provision herein, apply to the Provider, its officers, agents, employees,
subconsultants and assignees. Nothing contained in this provision shall impair any
independent right of the County to conduct an audit or investigate the operations, activities and
performance of the Provider in connection with this Contract. The terms of this Section shall
not impose any liability on the County by the Provider or any third party.
G. Evaluation Studies. The Provider agrees to participate in evaluation studies
sponsored by the administrative agent for these funds from the Florida Department of Law
Enforcement, Business Support Program, and Office of Criminal Justice Grants. This
participation shall at a minimum include access to the Provider's premises and records.
XX. PROHIBITED USE OF FUNDS.
A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to
retain legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Provider shall not utilize County funds to provide
legal representation, advice or counsel to any client in any action or proceeding against the
County or any of its agents, instrumentalities, employees or officials.
B. Religious Purposes. County funds shall not be used for religious purposes.
C. Commingling Funds. The Provider shall not commingle funds provided under
this Contract with funds received from any other funding sources.
D. Double Payments. Provider costs claimed under this Contract may not also
be claimed under another contract or grant from the County or any other agency.
Any claim for double payment by Provider shall be considered a material breach
of this Contract.
XXI. MISCELLANEOUS.
A. Contract. This Contract is the complete and exclusive statement of all the
arrangements between the County and the Provider regarding provision of the services
described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend
any other agreement between the Provider and the County unless specifically stated herein.
B. Amendments and Modifications. Except as otherwise enumerated herein, no
amendment to this Contract shall be binding on either party unless reduced to writing, signed by
both parties, and approved by the County Mayor or Mayor's designee. Provided, however, that
the County may effect amendments to this Contract without the written consent of the Provider,
to conform this Contract to changes in the laws, directives, guidelines, and objectives of
County, State and Federal Governments.
Any alterations, variations, amendments, or other modifications of this Contract, including but
not limited to amount payable and effective term, shall only be valid when they have been
reduced to writing, duly approved and signed by both parties and attached to the original of this
Contract.
In the event the County determines that a reduction in the Provider's budget is necessary, the
County shall notify the Provider in writing within thirty (30) days of said reduction decision.
11 of 14
Budget revision requests must be submitted in writing by the Provider to the Office of
Management and Budget (OMB). Budget revision requests will be effective upon the date of
written approval by the State of Florida Department of Law Enforcement.
C. Ownership of Data and Other Material. All reports, information documents, tapes
and recordings, maps and other data and procedures developed, prepared, assembled or
completed by the Provider in connection with the duties and responsibilities undertaken by the
Provider in accordance with the terms of this Contract shall become the property of the County
without restriction, reservation or limitation of their use and shall be made available to the
County by the Provider at any time upon request by the County. Upon completion of all work
contemplated under this Contract, copies of all of the above data shall be delivered to the
County upon request.
D. Contract Guidelines. This Contract is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this Contract shall be
Miami -Dade County, Florida.
E. Publicity. It is understood and agreed between the parties hereto that this
Provider is funded by Miami -Dade County. Further, by acceptance of these funds, the Provider
agrees that events and printed documents funded by this Contract shall recognize the funding
source as follows:
This program was supported by a grant awarded to Miami -Dade County, the
Florida Department of Law Enforcement (FDLE) and the U.S. Department of
Justice, Bureau of Justice Assistance (BJA).
F. Subcontracts. The Provider agrees not to enter into subcontracts, retain
consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or
all of its rights, title or interest herein, or its power to execute such Contract without the prior
written approval of the County and that all subcontractors or assignees shall be governed by
the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000
or more by the County and the Provider intends to use subcontractors to provide the services
listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider
shall provide the names of the subcontractors and suppliers on the form attached as
Attachment E. The Provider agrees that it will not change or substitute subcontractors or
suppliers from those listed in Attachment E without prior written approval of the County.
G. Review of this Contract. Each party hereto represents and warrants that they
have consulted with their own attorney concerning each of the terms contained in this Contract.
No inference, assumption, or presumption shall be drawn from the fact that one party or its
attorney prepared this Contract. It shall be conclusively presumed that each party participated
in the preparation and drafting of this Contract.
H. Headings, Use of Singular and Gender. Paragraph headings are for
convenience only and are not intended to expand or restrict the scope or substance of the
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.
12 of 14
I. Total of Contract /Severability of Provisions. This fourteen (14) page Contract
with its recitals on the first page of the Contract and with its attachments as referenced below
contain all the terms and conditions agreed upon by the parties:
Attachment A:
Scope of Services
Attachment B:
Budget
Attachment C:
Quarterly Project Performance Report
Attachment D:
Quarterly Expenditure Report
Attachment E:
Miami -Dade County Affidavits
Attachment E1:
Code of Business Ethics
Attachment E2:
Miami -Dade County Debarment Disclosure Affidavit
Attachment E3:
State Public Entities Crime Affidavit
Attachment F:
Provider's Disclosure of Subcontractors and Suppliers
No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be
deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid
or void, the remainder of this Contract shall not be affected thereby if such remainder would
then continue to conform to the terms and requirement of applicable law.
INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have caused this Contract, along with all of
its Attachments, to be executed by their respective and duly authorized officers, the day and
year first above written.
Signature Title
Name (typed)
ATTEST:
By: By:
(Corporate Seal)
ATTEST: MIAMI -DADE COUNTY, FLORIDA
HARVEY RUVIN, CLERK
By: By:
DEPUTY CLERK CARLOS A. GIMENEZ
MAYOR
14 of 14
SUMMARY OF ATTACHMENTS
ATTACHMENT A Scope of Services
ATTACHMENT B Program Budget
ATTACHMENT C Quarterly Project Performance Report
ATTACHMENT D Quarterly Expenditure Report
ATTACHMENT E Miami -Dade County Affidavits
ATTACHMENT E1 Code of Business Ethics
ATTACHMENT E2 Miami -Dade County Debarment Disclosure Affidavit
ATTACHNENT E3 State Public Entities Crime Affidavit
ATTACHMENT F Provider's Disclosure of Subcontractors and Suppliers
PROGRAM NARRATIVE
Jurisdiction Name: Aventura
Address: 19200 W. Country Club Dr.
Aventura, FL 33180
Program Area: School Resource Officer
ATTACHMENT A
Contact Person: Shelisa Persaud
Contact Numbers: O 305 - 466 -8965
F (305) 466 -2895
Program Dates: 10/01/12 through 09/30/13
Program Name: AVLET2 (Aventura Learn, Evaluate, Target Population: School aged children's
Take Action) Parents
Problem Identification
For the FY2013 grant cycle the Aventura Police propose that the School Resource Officer will continue
to offer training to parents of teen students on drug abuse prevention.
Every day 4700 youth under age 18 try marijuana for the first time. Studies have shown that one in five
8th grade students who were surveyed indicated that they had used drugs of some type. In 2003 nearly
nine out of ten twelfth graders reported marijuana being accessible by the eighth grade. By the time
they finish eighth grade approximately 50 percent report having one drink and 20 percent report having
been drunk. One thing remains true in spite of these numbers; a parent's influence on the child can
have dramatic results regarding the child's decision to use or continue to use drugs. It is essential that
we train parents on what to look for.
Program Description
The training will be broken into three parts and taught during the school year to parents of students of
various grade levels. The classes will consist of three topics each one being covered in detail. The
three topics are as follows:
Learn — Parents will be learning about the drugs that are out there and their potential for misuse. The
parents will be shown various drugs so they can readily identify them. Drug displays and brochures will
be used for hands on learning about the types of drugs commonly abused. Methods of obtaining drugs
and tactics used to cover up their use will be covered.
Evaluate — Parents will learn how to evaluate if their child is using or experimenting with drugs. The
danger signs and the not so obvious signs of potential drug abuse will also be addressed so that
parents can make a rational educated evaluation of their child to determine if drugs are being used.
This section will cover the appearances of drug abuse and teach parents the physical and evidential
signs of drug abuse: such as bloodshot eyes, hyper activity, and obsession with money which are
common to abusers of various drugs. This will enable the parent to recognize even the subtle signs of
abuse.
Take Action — Will show parents what actions to take in order to prevent drug abuse, how to get the
kids talking about potential situations where drugs can be abused and how to evaluate the risks
associated with drug abuse; how to talk to your child about your past experiences with drugs and how
to explain if you have had a history of drug usage yourself. This is an especially important topic as
parents who experimented with drugs are unsure how to explain this to their children in a manner that
places the child on the right track. There are talking points and conversation starters that will be shared
with parents to assist them in this all important phase of interaction with their child. This program will
continue to be offered at our local Schools.
Jurisdiction Name: Aventura
Address: 19200 W. Country Club Dr.
Aventura, FL 33180
Program Area: School Resource Officer
Program Name: AVLET ( Aventura Learn, Evaluate,
Take Action)
Contact Person: Shelisa Persaud
Contact Numbers: O 305 - 466 -8965
F (305) 466 -2895
Program Dates: 10/01/12 through 09/30/13
Target Population: Parents of School aged
children
Required Activities
Planned Measures
Monitoring Plan
Conduct 12 Drug Prevention
The provider shall be
The provider is to submit the
classes for parents of school
responsible for:
following documentation to the
aged students.
County in a complete and timely
Anti -Drug &Drug Prevention
manner:
Provide training to approximately
Classes to parents of school
2000 parents
aged children
Quarterly Performance Reports
Provide approximately 36 hours
Video and Multimedia
Quarterly Expenditure Reports
of training
presentations
Program Plan and Activity
Purchase equipment and
Presentations on various drug
Schedule
supplies for the project including:
prevention topics
printed program materials, laptop
Meeting announcements,
computer & program supplies
attendance records
(copy paper, toner,& flash cards),
printed workbooks, pens, book
Participant list and meeting
marks, key chains & drug id slide
attendance records
charts)
Copies of invoices for materials
purchased
PROGRAM BUDGET
Jurisdiction Name: AVENTURA
Program Area: School Resource Officer
Program Name: AVLET
CONTRACTUAL SERVICES TOTAL
Salaries and Benefits, Total
Operating Capital Outlay, Total
Laptop
Expenses, Total
Program supplies ( copy paper, toner & card stock)
Program Materials ( drug ID book marks, drug ID
slide charts, pens & key chains).
Total Budget
*All items inicude shipping & handling
Miami- Dade County will reimburse an amount not to exceed:
ATTACHMENT B
Contact Person: Shelisa Persaud
O (305) 466 -8965 F (305) 466 -2895
Program Dates: 10/01/12-09/30/13
$4,123
$0
$1,500
$1,500
$2,623
$123
$2,500
$4,123
$4,123
Edward Byrne Memorial Justice Assistance Grant Program Attachment C
Drug Control and System Improvement Formula Grant Program
Quarterly Project Performance Report
SCHOOL RESOURCE OFFICER PROJECT
Fiscal Year 2013
Aventu ra
(City)
(Project Name)
(Name of Person Completing Form) (Title) (Phone)
1
R�
October 1 - December 31
January 5
2
January 1 - March 31
Aril 5
3
Aril 1 - June 30
July 5
4
Jul 1 - September 30
October 5
Note: Those questions that are directly related to your program have been highlighted for your
convenience. All questions must be answered and explained in the NARRATIVE portion of this report.
Any report not received by January 5; April 5; July 5; and /or October 5, will result in the issuance
of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests.
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Attachment D
Edward Byrne Memorial Justice
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(To Be Copied on Jurisdiction Letterhead)
1. Total Federal Budget $ 2. Amount This Invoice $
3. Amount of Previous Invoices $
Sub Object Budget Line Item
Code Categories Disallowed
Salaries &
Benefits
Contractual
Services
Operating/
Capital Equipment
Expenses
Total Claim
4. Remaining Budget Balance $
(Subtract tines 2 & 3 from line 1)
Exceeds Federal Category
Budget Funds Totals
We request payment in accordance with our contract agreement in the amount of 100% of the Total Costs for this
Claim $
Attached, please find the records which substantiate the above expenditures. I certify that all of the costs have been paid and
none of the items have been previously reimbursed. All of the expenditures comply with the authorized budget and fall within
the contractual scope of services and all of the goods and services have been received, for which reimbursement is requested.
Respectfully submitted,
Chief of Police/Other City Official
Miami Dade County Page 2 of 3
School Resource Officer
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS- Payroll Expenses
City: Date of Claim:
Project Name: Claim Number:
Name Date of Type of Total
Officer /Staff Activi 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:
Note: Payroll registers, time sheets and OT slips, documenting payroll expenses, must be attached to process this payment.
Miami Dade County
School Resource Officer
City:
Project Name:
Vendor
Page 3 of 3
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Equipment, Supplies, Material Expenses)
Date of Claim:
Claim Number:
Item Date Check
Description Paid Number Amount
TOTAL AMOUNT OF EXPENSES:
NOTE: Copies of all invoices and cancelled checks for this request must be attached to process payment.
ATTACHMENT E
JAGBYRNE GRANT ADMINISTRATION
MIAMI -DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All
blank spaces must be filled.
The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT;
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI -DADE FAMILY LEAVE
AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the
State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the
State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine
whether or not it pertains to this contract.
1, , being first duly sworn state:
Affiant
The full legal name and business address of the person(s) or entity contracting or transacting business with
Miami -Dade County are (Post Office addresses are not acceptable):
Federal Employer Identification Number (If none, Social Security)
Name of Entity, Individual(s), Partners, or Corporation
Doing Business As (if same as above, leave blank)
Street Address City State Zip Code
I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code)
1. 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
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2. The full legal names and business address of any other individual (other than subcontractors,
material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3. Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this regard, shall be punished by a fine of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty (60) days or both.
II. MIAMI -DADS COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-
133, Amending sec. 2.8 -1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require
the entity contracting or transacting business to disclose the following information. The foregoing
disclosure requirements do not apply to contracts with the United States or any department or agency
thereof, the State or any political subdivision or agency thereof or any municipality of this State.
1. Does your firm have a collective bargaining agreement with its employees?
_ Yes _ No
2. Does your firm provide paid health care benefits for its employees?
_ Yes _ No
3. Provide a current breakdown (number of persons) of your firm's
work force and ownership as to race, national origin and gender:
White: Males Females Asian:
Males
Females
Black: Males Females American Indian:
Males
Females
Hispanics: Males Females Aleut (Eskimo):
Males
Females
Males Females:
Males
Females
_III. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinance 98 -30 codified at 2 -8.1.5 of the County Code.)
In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract,
have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that
it does not discriminate in its employment and promotion practices; and ii) a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority
and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative
action plans and procurement policies shall provide for periodic review to determine their effectiveness
in assuring the entity does not discriminate in its employment, promotion and procurement practices.
The foregoing notwithstanding, corporate entities whose boards of directors are representative of the
population make -up of the nation shall be presumed to have non - discriminatory employment and
procurement policies, and shall not be required to have written affirmative action plans and procurement
policies in order to receive a County contract. The foregoing presumption may be rebutted.
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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 NW, 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, and has submitted the plan and policy to the County's
Department of Business Development 175 N.W. IS` Avenue, 28th Floor, Miami, Florida
33128;
The firm does not have an affirmative action plan and/or a procurement policy as described
above, but has been granted a waiver.
IV. MIAMI -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.
An officer, director, or executive of the entity entering into a contract or receiving funding from the
County has has not as of the date of this affidavit been convicted of a felony during the past
ten (10) years.
_V. MIAMI -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No.
92 -15 codified as Section 2 -8.1.2 of the County Code)
That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the above
named person or entity is providing a drug -free workplace. A written statement to each employee
shall inform the employee about:
1. danger of drug abuse in the workplace
2. the firm's policy of maintaining a drug -free environment at all workplaces
3. availability of drug counseling, rehabilitation and employee assistance programs
4. penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including 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.
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VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No.
142 -91 codified as Section 11A -29 et. seq of the County Code)
That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day during
each of twenty (20) or more calendar work weeks, shall provide the following information in
compliance with all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90)
days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has a serious health
condition without risk of termination of employment or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall,
however, pertain to municipalities of this State.
VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95)
That the above named firm, corporation or organization is in compliance with and agrees to continue
to comply with, and assure that any subcontractor, or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation,
communications, access to facilities, renovations, and new construction in the following laws: The
Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C.
12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public
Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29
U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing
Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to
contracts with the United States or any department or agency thereof, the State or any political
subdivision or agency thereof or any municipality of this State.
_VIII. MIAMI -DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 2- 8.1(c) of the County Code)
Except for small purchase orders and sole source contracts, that above named firm, corporation,
organization or individual desiring to transact business or enter into a contract with the County
verifies that all delinquent and currently due fees or taxes -- including but not limited to real and
property taxes, utility taxes and occupational licenses -- which are collected in the normal course by
the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered
in the name of the firm, corporation, organization or individual have been paid.
IX. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to
the County and is not otherwise in default of any contract, promissory note or other loan document
with the County or any of its agencies or instrumentalities.
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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 11A -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.
is
(Signature of Affiant)
SUBSCRIBED AND SWORN TO (or affirmed) before me this
200_ by
known to me or has presented
(Type of Identification)
(Signature of Notary)
(Print or Stamp of Notary)
Notary Public — Stamp State of
(State)
5 of 5
(Date)
day of
. He /She is personally
as identification.
(Serial Number)
(Expiration Date)
Notary Seal
ML4MI -DADE COUNTY FLORIDA
Form A -12
Code of Business Ethics
ATTACHMENT E1
In accordance with Resolution R- 994 -99 each person or entity that seeks to do business
with Miami -Dade County shall adopt the Miami -Dade County /Greater Miami Chamber of
Commerce Code of Business Ethics as follows:
The Miami -Dade County /Greater Miami Chamber of Commerce seeks to create and sustain an
ethical business climate for its members and the community by adopting a Code of Business
Ethics. Miami -Dade County /Greater Miami Chamber of Commerce encourages its members to
incorporate the principles and practices outlined here in their individual codes of ethics, which will
guide their relationships with customers, clients and suppliers. This Model Code can and should
be prominently displayed at all business locations and may be incorporated into marketing
materials. Miami -Dade County /Greater Miami Chamber of Commerce believes that its members
should use this Code as a model for the development of their organizations' business codes of
ethics.
This Model Code is a statement of principles to help guide decisions and actions based on respect
for the importance of ethical business standards in the community. Miami -Dade County /Greater
Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the
responsibility of every business and professional organization.
By affixing a signature in the Proposal signature page, Form A -12, the Proposer hereby
agrees to comply with the principles of Miami -Dade County /Greater Miami Chamber of
Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the
Proposer must identify the difference(s) on a separate document attached to Form A -12.
Compliance with Government Rules and Regulations
We the undersigned Proposer will properly maintain all records and post all licenses and
certificates in prominent places easily seen by our employees and customers;
In dealing with government agencies and employees, we will conduct business in accordance
with all applicable rules and regulations and in the open;
• We, the undersigned Proposer will report contract irregularities and other improper or unlawful
business practices to the Ethics Commission, the Office of Inspector General or appropriate
law enforcement authorities.
Recruitment Selection and Compensation of Contractors, Consulting. Vendors, and Suooliers
We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when
identified;
• Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick
back any portion of a contract payment to employees of the other contracting party or accept
such kickback.
Page 1 of 3
MIAMI -DADE COUNTY, FLORIDA
Business Accounting
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 Campaigns
• We, the undersigned Proposer encourage all employees to participate in community life, public
service and the political process to the extent permitted by law;
• We, the undersigned Proposer encourage all employees to recruit, support and elect ethical
and qualified public officials and engage them in dialogue and debate about business and
community issues to the extent permitted by law;
• Our contributions to political parties, committees or individuals will be made only in accordance
with applicable laws and will comply with all requirements for public disclosure. All contributions
made on behalf of the business must be reported to senior company management;
• We, the undersigned Proposer will not contribute to the campaigns of persons who are
convicted felons or those who do not sign the Fair Campaign Practices Ordinance.
Page 2 of 3
MIAMI -DADE COUNTY, FLORIDA
• We, the undersigned Proposer will not knowingly disseminate false campaign information or
support those who do.
Pass - through Requirements
• This Code prohibits pass- through payments whereby the prime firm requires that the MBE firm
accepts payments as an MBE and passes through those payments to another entity;
Rental Space Equipment and Staff Requirements or Flat Overhead Fee Requirements
• This Code prohibits rental space requirements, equipment requirements, staff requirements
and /or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent
space, equipment and /or staff from the prime firm or charges a flat overhead fee for the use of
space, equipment, secretary, etc;
MBE Staff Utilization
• This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is
necessary and then utilizing the MBE staff for other work to be performed by the prime firm.
This Code also requires that on any contract where MBE participation is purported, the contract shall
specify essential terms including, but not limited to, a specific statement regarding the percent of
participation planned for MBEs, the timing of payments and when the work is to be performed.
By:
(Signature of Affiant)
SUBSCRIBED AND SWORN TO (or affirmed) before me this
200_ by
is personally known to me or has presented
as identification.
(Signature of Notary)
(Print or Stamp of Notary)
Page 3 of 3
(Date)
day of
(Type of Identification)
(Serial Number)
(Expiration Date)
He /She
Attachment E2
MIAMI -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Ordinance 93 -129, Section 1)
I, being duly first sworn, upon oath deposes and says that the bidder of this
contract or his agents, officers, principals, stockholders, subcontractors or their
affiliates are not debarred by Miami -Dade County.
(Signature of Affiant)
SUBSCRIBED AND SWORN TO (or affirmed) before me this
200_ by
is personally known to me or has presented
as identification.
(Signature of Notary)
(Print or Stamp of Notary)
Notary Public — Stamp State of
(State)
5101
(Date)
day of
(Type of Identification)
(Serial Number)
(Expiration Date)
Notary Seal
He /She
Attachment E3
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS
1. This sworn statement is submitted to Miami -Dade County
by
(print individual's name and title)
for
(print Name of entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer Identification Number (FEIN) is
If the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. 1 understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a
plea of guilty or nolo contendere.
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.
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5. I understand that a "person' as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States within the legal
power to enter into a binding contact and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person' includes those officers, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing
Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by
the Hearing Officer determined that it was not in the public interest to place the entity submitting
this sworn statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR
THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this day of , 20
Personally known
OR Produced Identification
(Type of Identification)
Notary Public - State of
My commission expires
(Printed typed or stamped commissioned name of notary
public)
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ATTACHMENT F
JAGBYRNE GRANT ADMINISTRATION
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97 -104)
Name of Organization:
Address:
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit the list of first tier
subcontractors or sub - consultants who will perform any part of the Scope of Services Work, if this
Contract is for $100,000 or more.
The Provider must complete this information. If the Provider will not utilize subcontractors, then the
Provider must state "No subcontractors will be used "; do not state "N /A ".
NAME OF SUBCONTRACTOR OR SUB - CONSULTANT ADDRESS CITY AND STATE
No subcontractors will be used.
REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT
In compliance with Miami -Dade County Ordinance 97 -104, the Provider must submit a list of suppliers
who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or
more.
The Provider must fill out this information. If the Provider will not use suppliers, the Provider must
state "No suppliers will be used ", do not state "N /A ".
NAME OF SUPPLIER ADDRESS CITY AND STATE
No suppliers will be used.
I hereby certify that the foregoing information is true, correct and complete:
Signature of Authorized Representative:
Title:
Firm Name:
Address:
Date:
Fed. ID No.
City/ State/Zip:
Telephone: ( ) Fax: ( ) E -mail:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA -CM, City an er
DATE: October 24, 2012
SUBJECT: Resolution Authorizing Exec io of Agreement With the State
Attorney for Prosecution of Aventura Code Violators
November 13, 2012 City Commission Meeting Agenda Item 6 -D
RECOMMENDATION
It is recommended that the City Commission authorize the execution of an Agreement
with the State Attorney's Office for the prosecution of Aventura Code Violations. This is
a renewal of the Agreement approved in 2011.
BACKGROUND
The State Legislature amended Section 27.01 Florida Statutes to provide that the State
Attorney shall appear in the courts to prosecute violations of municipal ordinances if the
prosecution is ancillary to a state prosecution or if the State Attorney has contracted
with the municipality for reimbursement for services rendered. The legislators passed
similar laws requiring municipalities to pay for the representation of criminal defendants
by the public defender's office.
As a result, those cases that a City requests the State Attorney's Office to prosecute will
be subject to a charge of $50.00 per hour each to the State Attorney and Public
Defender.
Attached hereto is the subject Agreement which provides the option to the City to utilize
the State Attorney's Office.
If you have any questions, please feel free to contact me.
EMS /act
Attachment
CCO1788 -12
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE
ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO
REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY
PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF
AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement attached hereto between the City of Aventura and the State of
Florida, Office of the State Attorney for the Eleventh Judicial Circuit of Florida, to
reimburse the State for the cost of State Attorney prosecution of certain criminal
violations of the City of Aventura Code.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2012 -
Page 2
PASSED AND ADOPTED this 13th day of November, 2012.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
AGREEMENT BETWEEN CITY OF AVENTURA AND THE STATE OF
FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE
ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE
STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF
CERTAIN CRIMINAL VIOLATIONS OF THE
CODE
This agreement is entered into this day of , 2012, by and
between City of Aventura, a political subdivision of the State of Florida (hereinafter referred to
as the "City ") and the Office of the State Attorney for the Eleventh Judicial Circuit of Florida
(hereinafter referred to as "State Attorney ")
WHEREAS, the City finds that in order to maintain and improve the health, safety, and
welfare of this community, it is necessary to adequately enforce and prosecute violations of the
City's Municipal Code; and
WHEREAS, Section 27.02, Florida Statutes, authorizes the State Attorney to prosecute
municipal ordinance violations punishable by incarceration if ancillary to state prosecution or, if
not ancillary to state prosecution, when the State Attorney contracts with the City for
reimbursement.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
Services
The State Attorney agrees to prosecute municipal ordinance violations as authorized in
Sections 27.02, and 27.34, Florida Statutes. The City agrees to remit, subject to the terms
outlined in Article III of this agreement, to the State Attorney the required funds to reimburse for
costs associated with the prosecution of violations of the Municipal Code for the period of
October 1, 2012, through September 30, 2013. The State Attorney shall provide such clerical
and professional personnel as may be required for the performance of any of the functions of the
State Attorney as set forth in this agreement. This agreement does not commit the City to pay for
the prosecution of Municipal Code violations ancillary to state prosecution or for the prosecution
of municipal ordinance violations not punishable by incarceration. This agreement specifically
does not authorize the State to handle appeals of municipal ordinances on constitutional grounds,
which shall remain the responsibility of the municipality that passed the ordinance.
ARTICLE II
Terms
This agreement shall expire on September 30, 2013, unless terminated earlier pursuant to
Article VII of this agreement. Under no circumstances shall the City be liable to continue or
extend this agreement beyond this date. This agreement may only be amended in writing,
through a document executed by duly authorized representatives of the signatories to this
agreement.
ARTICLE III
Payment Schedule
The City agrees to reimburse the State Attorney on an hourly basis for services rendered
at a rate of Fifty dollars ($50) per hour. On a quarterly basis, the State Attorney shall provide the
City with an invoice including, but not limited to, the hours of services rendered, number of
cases prosecuted as set forth in this agreement, and the total amount due for payment for the
previous month. The City shall remit each payment within ten (10) days after receiving said
invoice from the State Attorney.
ARTICLE IV
Responsibilities
The City does not delegate any of its responsibilities or powers to the State Attorney
other than those enumerated in this agreement. The State Attorney does not delegate any of its
responsibilities or powers to the City other than those enumerated in this agreement.
ARTICI R V
Reporting
All required reports shall be submitted to the
ARTICLE VI
Indemnification
It is expressly understood and intended that the State Attorney is only a recipient of the
reimbursements paid by the City and is not an agent of the City. The respective parties agree,
subject to the provisions of Chapter 768.28 (17), Florida Statutes, that they will hold each other
harmless from any claims arising from this agreement.
ARTICLE VII
Termination
Either party may terminate this agreement at any time with or without cause by
furnishing written notice to the other party with no less than ninety (90) days notice.
ARTICLE VIII
Service Charges
This agreement is contingent upon all City funding provided, and any interest earned
thereon, not being subject to any State service charges or administrative assessments.
ARTICLE IX
Non - Discrimination
The State Attorney agrees to abide and be governed by Title II of the Americans with
Disabilities Act of 1990, Title VI and VII, Civil Rights Act of 1964 (42 USC 200d, e) and Title
Viii of the Civil Rights Act of 1968, as amended, which provides in part that there will not be
discrimination of race, color, sex, religious background, ancestry, or national origin in
performance of this contract, in regard to persons served, or in regard to employees or applicants
for employment and it is expressly understood that upon receipt of evidence of discrimination,
the City shall have the right to terminate said agreement.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by their
respective and duly authorized officers the day and year first above written.
ATTEST:
NAME
By:
POSITION
ATTEST
By:
City Commission
IN
State Attorney's Office
Eleventh Judicial Circuit
In
Don L. Horn
Chief Assistant State Attorney
for Administration
JOB -NUM: J972400 OFFICE OF THE STATE ATTORNEY - 11TH CIRCUIT DATE: 10/02/2012
PROGRAM: CJSB838 ORDINANCE BILLING REPORT REPORT PAGE: 22
ORDINANCE CHARGES FILED IN SEP, 2012
INVOICED TO: AVENTURA
CASE # POLICE #
812039112 12004089
CASE COUNT:
PAGE: 1
NAME CHARGE DATE CHARGE NUMBER / DESCRIPTION
BRUGADA NIGRO 08/15/2012 21 -30.01 GRAFFITI /PROHIBITED
1
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
TO: City Commission
FROM: Eric M. Soroka, I
City Manager
BY: Joanne Carr, AI(
Community Dev(
MEMORANDUM
DATE: October 22, 2012
SUBJECT: Request of Aventura Eatery LLC for Conditional Use Approval to allow the
sale of beer and wine at a cocktail lounge within Sicilian Oven restaurant
located at 20475 Biscayne Boulevard, City of Aventura
(03- CU -12)
November 13, 2012 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the conditional use application to
allow sale of beer and wine at a cocktail bar within the Sicilian Oven restaurant at
20475 Biscayne Boulevard, Aventura, subject to the following conditions:
This approval shall be granted exclusively to Aventura Eatery LLC, doing business
as Sicilian Oven Restaurant.
2. The use shall be established within twelve (12) months of the date of the approved
resolution, or the approval granted herein shall expire, unless extended by motion of
the City Commission at the written request of the applicant, provided that the
applicant shall file the request for extension within the twelve (12) month period prior
to expiration.
3. The sale of wine and beer in the cocktail lounge area shall be terminated in the
event that the City Commission determines, after public hearing, that the operation
has created a disturbance to the community. A public hearing shall be set if the City
Manager finds probable cause to believe that a disturbance has been created by the
use, based upon complaints received or based upon the City Manager's
observation.
4. The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale of alcoholic beverages for consumption on the premises pursuant
to Section 4 -3(d) of the City Code, which permits sales of wine and beer for
consumption on the premises between the hours of 8:00 a.m. and 1:00 a.m. the
following day.
THE REQUEST
The applicant, Scott E. Backman for Sicilian Oven Restaurant, is requesting xonditional
use approval to sell beer and wine in its cocktail bar area within the restaurant in the
Promenade Shops plaza at 20475 Biscayne Boulevard, notwithstanding the spacing
and distance requirements for the sale and service of alcoholic beverages of Section 4-
2 (a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
APPLICANT
ADDRESS OF PROPERTY
SIZE OF PROPERTY:
LEGAL DESCRIPTION
Zoning —
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Existing Land Use —
Subject property:
Property to the North:
Property to the South
Property to the East:
Property to the West:
Promventure Limited Partnership
Scott E. Backman, Attorney for Aventura
Eatery, LLC, doing business as Sicilian Oven
Restaurant
20475 Biscayne Boulevard, City of Aventura
(See Exhibit #2 for Location Map)
Approximately 27.76 acres (entire plaza site)
Part of Tracts A, B & C, The Promenade
Shops, as in Plat Book 133, Page 39 of the
Public Records of Miami -Dade County, Florida
B2 Community Business District
OP Office Park District
RMF3 Multifamily Medium Density Residential
CF Community Facilities
MO Medical Office District
Retail and Commercial Plaza
Office
Residential
Synagogue and Private School
Commercial and Office
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are designated as follows:
Subject property:
Business and Office
Property to the North:
Business and Office
Property to the South:
Medium -High Density Residential
Property to the East:
Business and Office
Property to the West:
Business and Office
The Site - The subject site contains the Promenade Shops retail and commercial
plaza bounded by NE 203 Street and NE 207 Street to the south and north and by NE
29 Place and Biscayne Boulevard to the east and west. The restaurant subject of this
application has its storefront facing the south interior of the plaza and is not visible from
the adjacent public right of way.
The Project - The Sicilian Oven Restaurant has opened in a tenant space in the
Promenade Shops. It has 2890 square feet of floor area, with 86 seats at tables in the
dining area and 13 seats in a cocktail lounge area. The restaurant and the lounge are
permitted uses in the zoning district, which is B2, Community Business District. The
restaurant is currently licensed to sell beer and wine in the dining area. It now proposes
to sell beer and wine in the cocktail lounge area as well as in the dining area.
Section 4 of the City Code regulates the sale of alcoholic beverages. Sections 4 -2 (a)
and (b) establish certain spacing and location requirements applicable to businesses
selling alcoholic beverages. The Code provides that no premises shall be used for the
sale of alcoholic beverages to be consumed on or off premises unless it is located at
least 1,500 feet from a place of business having an existing liquor license (and not one
of the uses excepted from the spacing requirements) and 2,500 feet from a religious
facility or school, unless approved as a conditional use. The Code allows certain
exceptions from this conditional use requirement, as detailed in Section 4 -2(e) of the
Code. Dining rooms in restaurants that serve cooked, full course meals, prepared daily
on the premises, are one of the exceptions provided by this Code section. Cocktail
lounges in restaurants are also authorized as an exception to this conditional use
approval requirement, provided that the restaurant has 200 or more seats at tables,
including bars or counters at which full course meals are available and provided that the
restaurant has more than 4000 square feet of floor space.
The applicant's tenant space does not meet the minimum number of seats (200 or
more required and 99 existing) or the minimum floor area requirement (more than 4000
square feet required and 2890 square feet existing) to qualify for an exception to
Section 4 -2 of the Code and therefore requires conditional use approval to authorize
the sale of wine and beer within the lounge area.
The Aventura Police Department has confirmed that it has no crime prevention
concerns with this proposed use.
3
ANALYSIS
Consistency with Comprehensive Master Plan — The request is consistent with the
City of Aventura Comprehensive Plan. This establishment is located within property
with a Business and Office land use designation which permits a full range of sales and
service activities.
Citizen Comments — As of the date of writing of this report, the Community
Development Department has received no written citizen comments.
Community Development Department Analysis - The applicant is requesting
conditional use approval for the sale of beer and wine at a cocktail lounge within a
restaurant.
Section 4 -2 (a) and (b) of the Code prohibits the sale of any alcoholic beverages, to be
consumed on or off the premises, where the structure or place of business intended for
such use is located less than 1,500 feet from another place of business having an
established alcoholic beverage use (and not one of the uses excepted from the spacing
requirement), or where the place of business is located less than 2,500 feet from a
religious facility or school, unless the place of business is approved as a conditional
use.
The liquor survey submitted by the applicant, attached as Exhibit #3 to this report,
shows the following establishments with liquor licenses within 1500 feet, not including
establishments that are listed as exceptions in the Code:
• Pilar Restaurant Cocktail Lounge Area 133 feet
• Winn Dixie Liquor Store, 20355 Biscayne Boulevard 442 feet
• Walgreens Pharmacy, 3007 Aventura Boulevard 1,369 feet
The liquor survey shows the following religious facility or school within 2500 feet:
• Aventura Turnberry Jewish Center, NE 203 St & NE 30 Ave 428 feet
• Nier Abraham Bucharian, 2676 NE 204 Terrace 1,441 feet
• Aventura Chabad, 21001 Biscayne Boulevard 1,686 feet
• Beth Torah Adath Toshurn, 20350 NE 26 Avenue 1,953 feet
• Beit David Hiland Lakes Shul, 2600 NE 209 Street 2,052 feet
• Clash Christ Church, 19900 W. Country Club Drive 2,081 feet
• Aventura Waterways K -8 Center, 21101 NE 26 Avenue 2,161 feet
Section 4 -2 (e) of the Code provides for certain exceptions to these spacing and
distance requirements. An establishment selling alcoholic beverages is exempt from the
1,500 -foot and 2,500 -foot spacing distances if it falls within one of the following
categories:
4
1. A private club conforming to the requirements of a private club as stated in the State
Beverage Law.
The proposal does not meet this requirement for exemption.
2. Restaurants in the B2 zoning district which serve cooked, fully course meals daily
prepared on the premises and which provides alcoholic beverages service only to
persons seated at tables.
The proposal does not meet this requirement for exemption.
3. Cocktail lounges in restaurants where the restaurant seats 200 or more patrons at
tables or counts and occupies more than 4000 square feet of floor space.
The proposal does not meet this requirement for exemption. The restaurant has a
total of 99 seats and occupies 2890 square feet of floor space.
4. Beer and wine for off - premises consumption as a grocery item, from grocery stores
and meat markets.
The proposal does not meet this requirement for exemption.
5. Bowling alleys with restaurants, hotels and motels with at least 100 guest rooms,
golf course clubhouses and refreshment stands, tour boats, tennis clubs and indoor
racquetball clubs, and not - for - profit theatres with live performances and 100 seats.
The proposal does not meet any of these requirements for exemption.
Section 4 -2 of the City Code provides that an applicant that does not meet any of the
requirements for exemption may apply to the City Commission for conditional use
approval.
Criteria
According to Section 31 -73(c) of the City Code, a conditional use approval application is
evaluated using the following criteria:
1. The proposed use shall be consistent with the Comprehensive Plan.
The request is consistent with the Comprehensive Plan. The establishment is to
be located on a parcel with business and office land use designation which
permits the proposed use. The existing tenant space will not be altered or
expanded to accommodate the addition of beer and wine sales at the cocktail
lounge area; therefore, the levels of service standards set out in the
Comprehensive Plan will not be reduced.
5
2. The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The request for sale of wine and beer at the cocktail lounge area in the
restaurant will not be detrimental to or endanger the public health, safety or
general welfare. The restaurant is now permitted to serve wine and beer to its
patrons seated at tables in the dining area. If approved, this will expand the
area of service of wine and beer to the cocktail lounge area in an existing
restaurant space.
3. The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The request for sale of wine and beer at the cocktail lounge area is consistent
with the business community character of the immediate neighborhood. The
lounge and restaurant are located in a large retail plaza with other restaurants
and retail stores. Although each application for conditional use is unique and
evaluated on its own specific merits, there is an existing restaurant in this plaza
that received conditional use approval for sale of alcoholic beverages at a
cocktail lounge in its restaurant in 2004 and there have been no concerns from
the community arising from this approval.
4. Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services shall exist at the City's adopted levels of service
or will be available concurrent with demand as provided for in the requirement of
these LDR's.
The cocktail lounge is located in a restaurant already in operation. All utilities are
connected to the establishment. Roadway capacity, drainage and other
necessary public facilities exist at the City's adopted levels of service or will be
available concurrent with demand as provided for in the Land Development
Regulations.
5. Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The cocktail lounge is located in an existing restaurant in a retail and commercial
plaza within existing ingress and egress from Biscayne Boulevard, NE 203
Street, NE 207 Street and NE 205 Street. Adequate measures therefore exist to
provide ingress and egress to the proposed use in a manner that minimizes
traffic congestion in the public streets.
6. The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of this use will not impede the development of surrounding
properties for uses permitted in the zoning district. The tenant space is oriented
C
to the interior of the plaza and is not visible from adjacent properties. No
expansion or alteration of the exterior of the building is proposed.
7. The design of the proposed use shall minimize adverse affects, including visual
impacts of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The tenant space for the lounge and restaurant is oriented to the interior of the
plaza and setback approximately 600 feet from Biscayne Boulevard and 490 feet
from NE 203 Street. There will be no visual impact of the proposed use on
adjacent property.
SIEGEL, LIPMAN, DUNAY, SHEPARD & MISKEL, LLP
GARY S. DUNAY THE PLAZA SUITE 801 (5 61) 368 -7700
KENNETH W. LIPMAN 5355 TOWN CENTER ROAD FAX: (561) 368 -9274
BONNIE MISKEL
JONATHAN L. SHEPARD BOCA RATON, FLORIDA 33486 WWW.SLDSMLAW.COM
CARL E. SEIGEL
SCOTT BACKMAN Exhibit #1
LINDA B. LYMAN 03 -CU -12
September 5, 2012
Aventure Eatery, LLC
20475 Biscayne Boulevard
Letter of Intent for a Conditional Use Application
Aventura Eatery, LLC ( "Petitioner") is currently operating an Italian restaurant, the Sicilian Oven, within
the Promenade Shops Shopping Center ( "Shopping Center"), which is generally located on the southeast
corner of Biscayne Boulevard and NE 207th Street within the City of Aventura ( "City "). The Shopping
Center is located within the B -2, Community Business, zoning district and is designated Business and
Office on the City's Future Land Use Map. The Shopping Center is currently developed with 323,619
square feet of commercial space including a Winn -Dixie grocery and liquor store, a Marshalls, a Home
Goods, and a number of other local and national retailers and restaurants.
The Sicilian Oven is an Italian restaurant that provides a new way of Italian dining and has two (2) other
locations in Coral Springs and Lighthouse Point. The menu provides a wide selection of flavor
combinations using the finest and freshest ingredients at a reasonable price. In conjunction with food
sales, Petitioner also serves beer and wine to guests to enjoy with their meals. Petitioner serves guests
food at both tables, as well as at a bar in the Sicilian Oven. In accordance with Section 4.2 of the City's
Code of Ordinances ( "Code "), the sale of beer and wine to patrons seated at tables is permitted by right,
but sale of beer and wine over a bar must be approved as a conditional use. Considering the foregoing,
Petitioner respectfully requests the following conditional use approval:
Conditional use to serve beer and wine over the bar at the Sicilian
Oven Restaurant.
In accordance with Section 31 -73(c) of the City's Land Development Regulations ( "LDRs "), Petitioner will
demonstrate that: (1) the Project is consistent with the Comprehensive Plan; (2) the establishment,
maintenance or operation of the Project shall not be detrimental to or endanger the public health,
safety, or general welfare; (3)the Project shall be consistent with the community character of the
immediate neighborhood of the proposed use; (4) utilities, roadway capacity, drainage, and other
necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted
levels of service, or will be available concurrent with demand as provided for in the requirements of the
LDRs; (5) adequate measures exist or shall be taken to provide ingress and egress to the Project in a
manner that minimizes traffic congestion in the public streets; (6) the establishment of the conditional
use shall not impede the development of surrounding properties for uses permitted in the zoning
district; and (7) the design of the Project shall minimize adverse effects, including visual impacts, of the
Project on adjacent property through the use of building orientation, setbacks, buffers, landscaping and
other design criteria.
Conditional use to serve beer and wine over the bar at the Sicilian Oven Restaurant.
(1) The proposed use is consistent with the Comprehensive Plan.
The proposed use is consistent with the Comprehensive Plan. in particular, the proposed use is
consistent with Future Land Use Policy 2.2, which establishes the "Business and Office" Future
Land Use category and includes full range of sales and service activities.
(2) The establishment, maintenance or operation of the proposed use shall not be detrimental to or
endanger the public health, safety, or general welfare.
The proposed use will not be detrimental to or endanger the public health, safety or general
welfare. As detailed above, the Sicilian Oven Restaurant is operating in an existing Shopping
Center and is permitted by right to serve beer and wine to patrons seated at tables. The service
of beer and wine over the bar will allow guests to enjoy their meal in a slightly different setting
without adversely affecting the public health, safety or general welfare.
(3) The proposed use shall be consistent with the community character of the immediate
neighborhood of the proposed use.
The proposed use is consistent with the community character of the immediate neighborhood.
The sale of beer and wine at the bar in the Sicilian Oven Restaurant will be consistent with the
business community character of the immediate neighborhood. As detailed above, the Sicilian
Oven is located in a Shopping Center that includes other restaurants and retail establishments.
At least one (1) other establishment within the Shopping Center has been granted a similar
conditional use to serve alcoholic beverages. The proposed use is a family eatery that is already
permitted to sell beer and wine at the tables in the establishment. The addition of the sale of
beer and wine at the bar will not affect the community character of the immediate
neighborhood.
(4) Utilities, roadway capacity, drainage, and other necessary public facilities, including police, fire
and emergency services, shall exist at the City's adopted levels of service, or will be available
concurrent with demand as provided for in the requirements of the LDRs.
Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire
and emergency services, current exist at the City's adopted levels of services. The proposed sale
of beer and wine at the bar is proposed to occur at the Sicilian Oven Restaurant, which is already
in operation for food and alcohol sales at tables and food sales at the bar. As such, the proposed
use will not adversely affect the City's existing utilities, roadway capacity, drainage or other
necessary facilities.
(5) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in
a manner that minimizes traffic congestion in the public streets.
Adequate measures exist to provide ingress and egress to the proposed use in a manner that
minimizes traffic congestion in the public streets. The existing Sicilian Oven Restaurant is located
within the Shopping Center, which already has approved ingress and egress from Biscayne
Aventura Eatery: Letter of Intent for Conditional Use
Boulevard, NE 203'd Street, NE 207th Street and NE 205th Street. These access points provide
sufficient ingress and egress to minimize traffic congestion in the public streets.
(6) The establishment of the conditional use shall not impede the development of surrounding
properties for uses permitted in the zoning district.
The establishment of the conditional use will not impede the development of surrounding
properties for uses permitted in the zoning district. As detailed above, the Sicilian Oven
Restaurant is located within an existing Shopping Center. The restaurant space is located such
that it faces the interior of the Shopping Center and will not affect the development of
surrounding properties.
(7) The design of the proposed use shall minimize adverse effects, including visual impacts, of the
proposed use on adjacent property through the use of building orientation, setbacks, buffers,
landscaping and other design criteria.
The design of the proposed use will minimize adverse effects, including visual impacts, of the
proposed use on adjacent property through the use of building orientation, setbacks, buffers,
landscaping and other design criteria. As described above, the Sicilian Oven Restaurant is
located within an existing Shopping Center. The Shopping Center is designed to minimize
adverse impacts on adjacent property through the use of landscaping, buffers, setbacks and
building orientation. There are no changes proposed to the exterior design of the Shopping
Center.
Please do not hesitate to contact me directly at (561) 237 -1537 should you require additional
information to process this request. Thank you.
Sincerely,
Y•N
Scott E. Backman, Esq.
Siegel, Lipman, Dunay, Shepard & Miskel, LLP
Aventura Eatery: Letter of Intent for Conditional Use 3
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' APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 31- 71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and
submitted, The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying
application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity
applying for the Development Permit in connection with the application, as follows
Name
Relationship (i.a. Attorneys, Architects, Landscape
Architects, Engineers, Lobbyists, Etc.)
John Pulice Surveyor and Mapper
Beth Burns Surveyor and Mapper
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC. 31- 71(B)(2)(M 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 I H AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
W TNE M D T 24th DAY OF __. October 2012,
AUTHORIZ S TATIV OF APPLICANT: OWNER
By: By: - —
(Signature) (Signature)
Na : Scott E. Backman, Esq. Name:
(Print) (Print)
Title: Attorney Title:___
Address: 5355 Town Center Road, Suite 801 Address: _
Boca Raton, FL 33486
STATE OF FLORIDA )
COUNTY OF MAMHMM '
Before me the undersigned authority personally appeared Scott E. Backman/Esq.e thorized representative of the
Applicant and/or the owner of the property subject to the application, who being first by did swear or affirm that he /she
executed this Affidavit for the purposes stated therein and that it is true and correct.
24th AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of October 2062.
Notary Public State of Florida At large
Printed Name of Notary tL h
My commission expires._.._
NOTARY PUBLIC -STATE OF FLORIDA
Ruth McGlynn
Commission # EE128564
%�?.'� Expires: SEP.13, 2015
BONDED THRU ATLANTIC BONDING CO., INC.
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:
(mark with "x" applicable portions only)
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 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, 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- 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;
[ J iii. 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;
(J iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
(J 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;
j ] 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.
WITN/ M�' HAND THIS . 24th DAY OF October _2042.
Title: Attorney __ (Print)
WITNESS MY HAND THIS _ _ DAY OF , 200_.
PROPERTY OWNER:
By:,- (Signature)
Name:_._._ (Print)
-The terms 'Business Relationship, " "Client, " "Customer, " 'Applicant, " 'Representative" and "Interested Person" are defined in
Section 2 -395 of the Aventura City Code.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF AQAUW ADE)
C �
Before me, the undersigned authority, personally appeared'"� the o being first by me duty sworn, did swear or affirm that he /she
executed this Affidavit for the purposes stated therein and that it is true and correct.
(. NT
SWORN TO AND SUBSCRIBED before me this day of O C !, 2011'a
NOTARY PUBLIC -STATE OF FLORIDA
Ruth McGlynn eof
Notary Public State of Florida At large
Commission # EE128564 _ _ _ _ (Y\Ci9 y► D
Expires: SEP. 13, 2015 Printed Name of Notary
BONDED THRUATLANT IC BONDING CO.,INC. 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.
SWORN TO AND SUBSCRIBED before me this day of
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
-_ the Affiant, who being first by me duly sworn, did swear or affirm that he/she
200—
____AFFIAN
T _.._ — - _.__ ____ _
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:.__
Before me, the undersigned authority, personally appeared -__ _�- the Affiant, who being first by me duly sworn, did swear or affirm that he /she
executed this Affidavit for the purposes slated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this _ _ day of _- _ ___ __, 200_
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.
SWORN TO AND SUBSCRIBED before me this _ __-. day of — _ -.200—
AFFIANT
Notary Public State of Florda At Large
Printed Name of Notary
My commission expires:_._ __
the AffianL who being first by me duly sworn, did swear or affirm that he/she
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:_ _.
1.1 ` 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:
(mark with "x" applicable portions only)
[XJ 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. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock
of Applicant or Representative;
[ j 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,
[ ]iii. 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;
[ J 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 —,200-,
APPLICANT:
By: (Signature)
Name: (Print)
Title: (Print)
WITNESS MY HAND THIS DAY OF —,200-.
PROPERTY OWNER:
By:_ (Signature)
Name:_ (Print)
Title: (Print)
'The terms 'Business Relationship," 'Client,' "Customer, " 'Applicant, " "Representative" and "Interested Person" are defined in
Section 1 -395 of the Aventura City Code.
WITNESS MY H D THIS 25th DAY OF October
2012.
REPR NT (Listed on Business Relationship Affidavit)
By: (Signature)
By: _
(Signature
Na e: John Pulice (Pant)
Name:
(Print)
Title: Surveyor and Mapper (Print)
Title:
(Print)
r �• - �.� nature)
By: 7a� ■�- - - -�
By:._ --
-. (Signature
Name: Beth Burns (Print)
Name;
(Print)
Title: Surveyor and Mapper (Print)
Title. _
(Print)
By: _ (Signature)
By:
(Signature
Name: _(Print)
Name:
_ (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)
By: (Signature)
Title: (Print)
Title: (Print)
By: (Signature
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. 31- 71(b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA ) /J
COUNTY OF ) Azrv„),y'
Before me, the undersigned authority, personally appeared John PUlice the nL o ing first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes slated therein and that it is true and correct.
T - .r
25t October 12 �NFSTORMS
SWORN TO AND SUBSCRIBED before me this hday of _ 20 _ I1.t;:F 133769
JE. carnbcr2U,2014
'" nru Notary Public Underwriter$
Notary tic Slate f F At Large -
,rte
_. __
Printed Name of Notary l _ ,
My commission expires:- �(tC�L
STATE OF FLORIDA )
COUNTY OFA"MM -BABES �Nev"
Before me, the undersigned authority, personally appeared Beth Burns the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
..twin
AFF IANT
SWORN TO AND SUBSCRIBED before me this 25thday of October _ 20 1��
r
Notary i i Stale otDori At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
I. JANE STORMS
�'Ok > "!SSICN 1,' EE 033769
PITIES i December 20, 2014
ndsd Thru Notary Public Underwriters
Before me, the undersigned authority, personally appeared - _ the Affiant, who being first by me duly sworn, did swear or affirm that he /she
executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT -
SWORN TO AND SUBSCRIBED before me this __ day of
Notary Public Stale of Flonda At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI -DADE)
Before me, the undersigned authority, personally appeared _ _ _ _ _ _ the Affiant, who being first by me duly sworn, did swear or affirm that he /she
executed this Affidavit for the purposes slated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this day of _ _, 200_
AFFIANT
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:_
RESOLUTION NO. 2012-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW THE SALE OF WINE AND BEER AT A COCKTAIL
LOUNGE WITHIN SICILIAN OVEN RESTAURANT LOCATED AT 20475
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, in accordance with Section 4 -2(a) of the Code of Ordinances, the
applicant, Scott E. Backman for Aventura Eatery, LLC, doing business as Sicilian Oven
Restaurant, through Application No. 03 -CU -12 is requesting conditional use approval to
allow the sale of wine and beer at a cocktail lounge within Sicilian Oven Restaurant
located at 20475 Biscayne Boulevard; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by Section 31 -73(d) of the Code; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent that the Application is granted
herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application 03 -CU -12 for Conditional Use to allow the sale of wine
and beer at a cocktail lounge within Sicilian Oven Restaurant in the B2 zoning district is
hereby granted exclusively to the Applicant, subject to the conditions set out in this
Resolution, on property legally described as Parts of Tracts A, B and C of the Plat of
"The Promenade Shops" as recorded in Plat Book 133, Page 39, of the Public Records
of Miami -Dade County, more particularly described in Exhibit "A" to this resolution and
known as municipal address 20475 Biscayne Boulevard.
Section 2. Approval of the request above is subject to the following conditions:
Resolution No. 2012 -
Page 2
1. This approval shall be granted exclusively to Aventura Eatery, LLC, doing business
as Sicilian Oven Restaurant.
2. The use shall be established within twelve (12) months of the date of this
Resolution, or the approval granted herein shall expire, unless extended by motion
of the City Commission at the written request of the applicant, provided that the
applicant shall file the request for extension within the twelve (12) month period prior
to expiration.
3. The sale of wine and beer in the cocktail lounge area shall be terminated in the
event that the City Commission determines, after public hearing, that the operation
has created a disturbance to the community. A public hearing shall be set if the City
Manager finds probable cause to believe that a disturbance has been created by the
use, based upon complaints received or based upon the City Manager's
observation.
4. The applicant shall comply with the hours of operation allowed to bars and cocktail
lounges for sale of alcoholic beverages for consumption on the premises pursuant
to Section 4 -3(d) of the Code, which permits sales of wine and beer for consumption
on the premises between the hours of 8:00 a.m. and 1:00 a.m. the following day.
Section 3. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2012 -
Page 3
PASSED AND ADOPTED this 13th day of November, 2012.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of November, 2012.
CITY CLERK
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission �V
FROM: Eric M. Soroka, ICMA -CM, City Manager
BY: rian K. Raducci, Finance Director
DATE: November 7, 2012
SUBJECT: End of Year Budget Amending Ordinance — FY 2011/12
1St Reading November 13, 2012 City Commission Meeting Agenda Item $_
2nd Reading January 8, 2013 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance amending
the FY 2011/12 budget. This budget amendment is expected to have little to no impact on the
FY 2011112 overall budget or the carryover utilized in the preparing the FY 2012113 budget.
BACKGROUND
As you are aware, the Finance Department is preparing the City's official books and
records for the upcoming FY 2011/12 year -end audit. Now that most of our year -end
adjustments have been posted, we have the necessary information to formally amend
the FY 2011/12 budget. This "clean up" amendment is a normal part of our year -end
fiscal operations and is prepared to ensure that the "final" adopted budget contains
sufficient appropriations to satisfy all actual expenditures.
This Ordinance will appear on the November 2012 and January 2013 agendas to
comply with, Section 166.241 (4) of the Florida Statutes. Although this section requires
all budget amendments be made "within up to 60 days following the end of the fiscal
year," we will be unable to have the ordinance on second reading until January 2013 as
there is no December meeting. This process is consistent with the City's past practice
as the Ordinance will appear on first reading prior to the November 29, 2012 deadline.
We are only required to amend budgets when a Department's total budget has been
exceeded. In all cases, we will only amend the specific expenditure accounts that are
Primarily responsible for the amendment and in some cases, associated revenues may
be increased to justify the overage in expenditures. Listed below is a summary of the
amendments for the City's General Fund, by department and two (2) of the City's Debt
Service Funds and the circumstances that support each recommendation.
General Fund — (001) — ($1,230,000 net increase)
City Clerk's Office (0801) — ($14,000 increase)
4911 — Legal Advertising
Requires a $14,000 budget amendment due to Legal Advertising costs primarily related
to zoning changes and those made to the Comprehensive Plan. This overage will be
offset by $14,000 in additional Half Cent Sales Tax revenue (3351800).
Public Safety (2001) — $268, 000
2201 — Pension
Requires a budget amendment due to an overage of approximately $48,000 in Pension
Costs as it relates to the Police Department's Pension Plan audit for 09/30/2012.
According to the Plan's auditors, the City owed additional funds even though it made all
of its required contributions, based on our actuarially- determined contribution
percentage of 20.955 %. The State's contribution of $268,692.30 came out to a lower
percentage than the projected 4.133% used by the actuary and therefore the City needs
to make up the State's shortfall. This overage will be offset by $48,000 in additional
Half Cent Sales Tax revenue (3351800).
3190 — Prof. Services — Traffic Safety Program
Requires a budget amendment primarily due an overage of approximately $220,000 in
Intersection Safety Camera Program processing costs due to higher than anticipated
activity experienced during the year. This overage will be offset by $220,000 in
additional Intersection Safety Camera Program revenue (3542000).
Community Development (4001) — ($560,000 increase)
3101 — Building Inspection Services
Requires a budget amendment primarily due an overage of approximately $500,000 in
Building Inspection Services due to the following:
• higher than anticipated activity experienced during the year which will be offset
by $330,000 in additional Building Permit revenue (3221000)
• it appears that this account was inadvertently budgeted at only 50% of Building
Permit revenue (3221000) instead of the 70% that we normally use. This likely
occurred towards the end of the budget process when certain assumptions are
revised as better information becomes available. It appears that we may have
revised our preliminary budgeted Building Permit revenue (3221000) account
without making the corresponding change to the 3101 — Building Inspection
Services expenditure account. The $170,000 true up to the expenditure that is
now required will be offset by $170,000 in additional Half Cent Sales Tax
revenue (3351800).
E
4730 — Records Retention
Requires a budget amendment primarily due an overage of approximately $60,000 in
Records Retention Services due to higher than anticipated imaging activity for the
building permit records and zoning that was experienced during the year. This overage
will be offset by $60,000 in additional Half Cent Sales Tax revenue (3351800).
Community Services (5001) — ($85.000 increase)
4620 — R &M Buildings
Requires a budget amendment primarily due an overage of approximately $35,000 in
unanticipated miscellaneous building repairs (i.e., flooring, electrical, plumbing and air
conditioning) that occurred during the year. This overage will be offset by $35,000 in
additional Half Cent Sales Tax revenue (3351800).
4854 — Summer Recreation
Requires a budget amendment primarily due an overage of approximately $50,000 in
Summer Recreation expenditures due to higher than anticipated participation in the
Program that was experienced during the year. This overage will be offset by $50,000
in additional Summer Recreation revenue (3475000).
Capital Outlay — ($303, 000 increase)
Public Safety (8020) 6206 — Police Training Room
Requires a budget amendment of $20,000 for capital outlay funds that were
appropriated by the Commission on January 19, 2012 as part of the Police Training
Room project. This expenditure will be offset by $20,000 in additional Half Cent Sales
Tax revenue (3351800).
Community Services (8050) 6307 — Lighting Improvements
Requires a budget amendment of $240,000 for the funds that were expended during
Phase I of the street lighting project along the eastside of Biscayne Boulevard that were
not reappropriated at the end of FY 2010/11. This overage will be offset by $240,000 in
additional American Recovery Reinvestment Act Revenue that was received for this
project (3312276).
Community Services (8050) 6341 — Transportation System Improve.
Requires a budget amendment of $43,000 for the funds that were primarily expended
for engineering fees during Phase I of the street lighting project along the eastside of
Biscayne Boulevard and the bus shelter. This expenditure will be offset by $43,000 in
additional Half Cent Sales Tax revenue (3351800).
In September 2002, the City issued $12,610,000 in Series 2002 Revenue Bonds to
finance the acquisition of land and the construction of a charter school as well as the
3
construction of the community recreation center. Two (2) separate debt service funds
were established to properly account for each respective project. On June 15, 2012,
the City took advantage of a very favorable interest rate environment and refunded
(refinanced) the remaining debt of the 2002 Revenue Bonds. The City issued
$9,885,000 in Series 2012 Revenue Bonds with SunTrust Bank at a rate of 2.18 %,
resulting in a more than $2.5M NPV savings over the life of the loan. As a result, the
following budget amendments are necessary to provide for the transaction's proper accounting treatment
and recordation. Although the amounts below appear large, they have very little impact on the City's
overall operations as the City simply replaced one debt instrument with a cheaper one. No additional
debt was incurred by the City as a result of the above.
CURRENT NAME OF FUND
2012 (A) LOAN DEBT SERVICE FUND 250 — ($4,671,190 net increase)
FORMER NAME OF FUND
2002 LOAN DEBT SERVICE FUND 250
0100 — Payment to Refund Bond Escrow
Requires a budget amendment in the amount of $4,635,749 due to the planned
refinancing in June 2012 of the original Series 2002 Revenue Bonds. This overage will
be offset by the receipt of $4,671,190 in debt proceeds (3850100).
7330 — Other Debt Service Costs
Requires a budget amendment of $35,441 due to the payment of closing costs
associated with the refinancing. This overage will be offset by the receipt of debt
proceeds (3850100).
CURRENT NAME OF FUND
2012 (B) LOAN DEBT SERVICE FUND 290 — ($5,213,810 net increase)
FORMER NAME OF FUND
FIFC LOAN DEBT SERVICE FUND 290
0100 — Payment to Refund Bond Escrow
Requires a budget amendment in the amount of $5,174,251 due to the planned
refinancing in June 2012 of the original Series 2002 Revenue Bonds. This overage will
be offset by the receipt of $5,213,810 in debt proceeds (3850100).
7330 — Other Debt Service Costs
Requires a budget amendment of $39,559 due to the payment of closing costs
associated with the refinancing. This overage will be offset by the receipt of debt
proceeds (3850100).
The budget amendments outlined above, are expected to have little to no impact on the
FY 2011/12 overall budget or carryover that was utilized in the preparation of the FY
2012/13 budget. Based on this analysis, I recommend approval of the attached
Ordinance.
4
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2011 -08 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2011/2012 FISCAL YEAR BY REVISING THE
2011/2012 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Director as to Accounting Principles), it is deemed necessary to adjust,
amend and implement the 2011/2012 Operating and Capital Budget as set forth in
Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2011 -08, which Ordinance adopted a budget for the 2011/2012 fiscal
year, by revising the 2011/2012 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Ordinance No. 2013 -
Page 2
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable retroactively from and after
October 1, 2011.
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 Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on second reading. This motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Howard Weinberg
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
and
PASSED AND ADOPTED on first reading this 13th day of November, 2012.
4
Ordinance No. 2013 -
Page 3
PASSED AND ADOPTED on second reading this 8th day of January, 2013.
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
SUSAN GOTTLIEB, MAYOR
CITY OF AVENTURA
GENERAL FUND 001
FY 2011112 BUDGET AMENDMENT
REVENUES
OBJECT
2011M2
2011112
201'112
CODE
ADOPTED
AMENDED
REVISED
NO. CATEGORY
AMOUNT
AMOUNT
BUDGET
1221000 Building Permits
$ 1,300,000
$ 330,000 $
1,630,000
3312276
American Recovery Reinvestment Act
-
240,000
240,000
3361800
Half Cent Sales Tax
1,725,000
390,000
2,115,000
3475000
Sumner Recreation
445,000
50,000
495,000
3542000
Intersection Safety Camera Program
1,050,000
220,000
1,270 000
Total Revenue
$ 4,520,000 $
1,230,000 $
5,750,000
TOTAL AMENDMENTS - REVENUE
$
1,230,000
EXPENDITURES
OBJECT 2011112 2011112 2011112
CODE ADOPTED AMENDED REVISED
NO. CATEGORY AMOUNT AMOUNT BUDGET
CITY CLERIC'S OFFICE (0801)
OTHER CHARGES & SERVICES
4911 Legal Advertsing
Total City Clerk's Office
PUBLIC SAFETY (2001)
PERSONAL SERVICES
2201 Pension
Subtotal
CONTRACTUAL SERVICES
3190 Prof. Services - Traffic Safety Program
Subtotal
Total Public Safety
COMMUNITY DEVELOPMENT (4001)
CONTRACTUAL SERVICES
3101 Building Inspection Services
Subtotal
OTHER CHARGES & SERVICES
4730 Records Retention
Subtotal
Total Community Development
COMMUNITY SERVICES (5001)
OTHER CHARGES & SERVICES
4620 R &M - Buildings
4854 Summer Recreation
Total Community
CAPITAL OUTLAY - (80XX)
Public Safety - 20-521
6206 Police Training Room
Community Services - 50.541
6307 Street Lighting Improv.
6341 Transportation System Improve.
Total Capital Outlay
TOTAL AMENDMENTS - EXPENDITURES
$ 30,000 $ 14,000 $ 441000
$ 30,000 $ 14,000 ,$ 44,000
$ 1,994,879 $ 48,E $ 2,042,879
$ 1,994,879 S 48,000 $ 2,042,879
$ 393,000 $ 220,000 $ 613,000
$ 393,000 $ 220,000 $ 613,000
$ 2,387,879 $ 268,000 $ 2,655,879
$ 650,000 $ 500,000 $ 1,150,000
$ 650,000 $ 500,000 $ 1,150,000
$ 35,000 $ 60,000 $ 95,000
$ 35,000 $ 60,000 $ 96,000
$ 685,000 $ 560,000 $ 1,245,000
$ 82,500 $ 35,000 $ 117,500
300,000 50,000 350,000
$ 382.500 $ 85,000 $ 467,500
$ - $ 20,000 $ 20,000
300,000 240,000 540,000
43,000 43,000
300,000 $ 303,000 $ 603,000
$ 1,230,000
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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
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of tho Miami Daily Business
Review f /k /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 - PUBLIC HEARING 11/13/2012
SCOTT E. BACKMAN FOR AVENTURA EATERY LLC, ETC,
in the XXXX Court,
was published in said newspaper in the issues of
11/01/2012
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 d any person, firm or corporation
any discount, reb ommission r refund for the purpose
of securi advertisement for yublication in the said
subscribed before me this
01 day of NOVEMBER , A.D. 2012
(SEAL)
MARIA MESA personally known to me
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, November 13, 2012
6:00 p.m.
Applicant Name /Number: Scott E. Backman for Aventura Eatery LLC
doing business as Sicilian Oven Restaurant
03- CU -12.
Applicant Request: The applicant is requesting conditional use
approval for the sale of wine and beer at a cocktail
lounge within the Sicilian Oven Restaurant
Location Of Subject Property: 20475 Biscayne Boulevard,
Promenade Shops Plaza
Legal Description: Part of Tracts A, B & C, The Promenade Shops,
recorded in Plat Book 133, Page 39 of the Public
Records of Miami -Dade County
Plans are on file and may be examined during regular business hours in
the City of Aventura Government Center, Community Development
Department, 19200 West Country Club Drive, Aventura, Florida, 33180.
Plans may be modified at or before the Public Hearing. The application
may change during the hearing process.
The Public Hearing will be held in the City Commission Chamber at City
of Aventura Government Center, 19200 West Country Club Drive,
Aventura, Florida 33180. Your comments may be made in person at the
hearing or filed in writing prior to the hearing date. Refer to applicant/
property on correspondence and mail same to City of Aventura
Government Center, Community Development Department, Aventura,
Florida, 33180. For further information, please call (305) 466 -8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, (305) 466 -8901, not later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based.
Teresa M. Soroka, MMC, City Clerk
11/1 12- 3- 376/1975027M
RNotary
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R' Wic State of Florida Cheryl H Marmer
My Commluion EE 188528 Expire Q7H8/2o16
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, November 13, 2012
6:00 p.m.
Applicant Name /Number: Scott E. Backman for Aventura Eatery LLC
doing business as Sicilian Oven Restaurant
03- CU -12.
Applicant Request: The applicant is requesting conditional use
approval for the sale of wine and beer at a cocktail
lounge within the Sicilian Oven Restaurant
Location Of Subject Property: 20475 Biscayne Boulevard,
Promenade Shops Plaza
Legal Description: Part of Tracts A, B & C, The Promenade Shops,
recorded in Plat Book 133, Page 39 of the Public
Records of Miami -Dade County
Plans are on file and may be examined during regular business hours in
the City of Aventura Government Center, Community Development
Department, 19200 West Country Club Drive, Aventura, Florida, 33180.
Plans may be modified at or before the Public Hearing. The application
may change during the hearing process.
The Public Hearing will be held in the City Commission Chamber at City
of Aventura Government Center, 19200 West Country Club Drive,
Aventura, Florida 33180. Your comments may be made in person at the
hearing or filed in writing prior to the hearing date. Refer to applicant/
property on correspondence and mail same to City of Aventura
Government Center, Community Development Department, Aventura,
Florida, 33180. For further information, please call (305) 466 -8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, (305) 466 -8901, not later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by the City Commission
with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
to be based.
Teresa M. Soroka, MMC, City Clerk
11/1 12- 3- 376/1975027M