11-12-2014 City Commission The ��� ®� City Manager
Enid Weisman,Mayor Eric M.Soroka, ICMA-CM
Enbar T !ian City Clrven ur a Ellisa L.e oth,MMC
Marc Narotsky _ City Attorney
Robert Shelley Weiss Serota Heitman
Howard Weinberg Cole Bierman&Popok
CITY COMMISSION REVISED MEETING AGENDA
NOVEMBER 12, 2014 - 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ELECTION OF VICE MAYOR
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: Employee Service Awards
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. If the public wishes to speak on a matter on the
consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the
approval of the consent agenda.
A. APPROVAL OF MINUTES:
OCTOBER 7, 2014 COMMISSION 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
COUNTY; TO APPLY FOR, RECEIVE, AND EXPEND $3,973 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.
AVENTURA CITY COMMISSION MEETING AGENDA
NOVEMBER 12,2014
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$60,000 FOR CIU WORKSTATIONS,INTERVIEW RECORDING
SYSTEM, CRIME PREVENTION SCHOLARSHIP AND K-9
TRAINING EQUIPMENT FROM THE FEDERAL POLICE
FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI SHORES VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
G. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$63,000 FOR P25 RADIO SYSTEM CRASH KIT FROM THE
FEDERAL POLICE FORFEITURE FUNDS IN ACCORDANCE
WITH THE CITY MANAGER'S MEMORANDUM.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, PROVIDING FOR THE
APPOINTMENT BY THE COMMISSION OF ONE OF ITS
APPOINTEES TO THE BOARD OF TRUSTEES OF THE
POLICE OFFICERS' RETIREMENT PLAN TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE DATE.
THE
APPLICANT 7, ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be
HAS advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon
REQUESTED any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item
THAT THIS will be made available after the applicant and staff have made their presentations on each item. All testimony,including public
ITEM BE testimony and evidence,will be made under oath or affirmation. Additionally,each person who gives testimony may be subject to
WITHDRAWN cross-examination. If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The
FROM THE general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of
AGENDA 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.
2
AVENTURA CITY COMMISSION MEETING AGENDA
NOVEMBER 12,2014
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
THE
APPLICANT AVENTURA, FLORIDA CONCERNING A REQUEST TO AMEND
HAS RESOLUTION NO. 98-77 TO REMOVE CONDITION 3. THEREBY
REQUESTED DELETING THE REQUIREMENT FOR A SIDEWALK ON BOTH
THAT THIS SIDES OF THE STREET UNDER CERTAIN CIRCUMSTANCES, FOR
ITEM BE PROPERTY LOCATED EAST OF WILLIAMS ISLAND ON THE
SOUTHERNMOST ISLAND IN DUMFOUNDLING BAY KNOWN AS
WITHDRAWN "ISLAND ESTATES", CITY OF AVENTURA MORE PARTICULARLY
FROM THE DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING
AGENDA 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. 2013-09
WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2013/2014
FISCAL YEAR BY REVISING THE 2013/2014 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
10. RESOLUTIONS—PUBLIC HEARING: None
11. REPORTS
12. PUBLIC COMMENTS
13. OTHER BUSINESS: None
14. ADJOURNMENT
FUTURE MEETINGS
COMMISSION WORKSHOP-NOVEMBER 20,2014 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5Th FLOOR)
COMMISSION MEETING-JANUARY 6,2015 AT 6 PM
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.
3
The City&atm of CITY COMMISSION Aventura Government Center
REGULAR MEETING MINUTES 19200 W.Country Club Drive
OCTOBER 7, 2014 AT 6 P.M. Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 6:13 p.m. immediately following the 6 p.m. Local Planning Agency meeting.
Present were Commissioners Enbar Cohen, Teri Holzberg, Michael Stern, Howard
Weinberg, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager
Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a
quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Mayor Gottlieb, Vice Mayor Joel and
Commissioners Stern and Luz Weinberg.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Mr. Soroka presented a fifteen year employee
service award to Police Department Ernest Long.
On behalf of the City Commission, Mayor Gottlieb presented a watch to retiring City
Clerk Teresa M. Soroka and acknowledged her 19 years of service as the first and only
City Clerk of the City of Aventura.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission. A motion to approve the Consent Agenda was offered by Vice Mayor
Joel, seconded by Commissioner Luz Weinberg, passed unanimously by roll call vote
and the following action was taken:
A. The following minutes were approved:
September 2, 2014 Commission Meeting
September 8, 2014 Commission Meeting/1St Budget
September 17, 2014 Commission Meeting/2nd Budget
September 18, 2014 Special Meeting
September 18, 2014 Workshop Meeting
B. Resolution No. 2014-46 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. 01-0103-185 FOR
PROFESSIONAL DESIGN SERVICES FOR THE NE 29TH PLACE
NORTH DRAINAGE AND ROAD RESURFACING IMPROVEMENTS
PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND
CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 2014-47 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. 01-0103-189 FOR
PROFESSIONAL DESIGN SERVICES FOR THE NE 29TH PLACE
SOUTH DRAINAGE AND STREET LIGHTING IMPROVEMENTS
PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND
CRAVEN THOMPSON AND ASSOCIATES, INC.; AND PROVIDING AN
EFFECTIVE DATE.
D. Resolution No. 2014-48 was adopted as follows
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE EXTENSION OF THE
GREEN MARKET HELD IN FOUNDERS PARK SOUTH FROM
OCTOBER 12, 2014 TO MAY 31, 2015; AUTHORIZING THE CITY
MANAGER TO ISSUE A SPECIAL EVENT PERMIT TO WHODUZ, INC.,
BASED ON THE CONDITIONS CONTAINED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. Resolution No. 2014-49 was adopted as follows
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2014-50 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED SERVICES AGREEMENT FOR PARK
DESIGN, ARCHITECTURAL AND ENGINEERING SERVICES
BETWEEN BERMELLO, AJAMIL & PARTNERS, INC. AND THE CITY
OF AVENTURA FOR THE NE 188 STREET PARK PROJECT;
AUTHORIZING MASTER PLAN PHASE I SERVICES IN THE AMOUNT
OF $22,772; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
2
G. Resolution No. 2014-51 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 14-09-15-2, MUNICIPAL TRANSIT SERVICES, TO
LIMOUSINES OF SOUTH FLORIDA, INC. AT THE BID PRICE OF
$821,016.00 AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
H. Resolution No. 2014-52 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE VILLAGE OF BAL HARBOUR FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS — Please be advised that
the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or
comment upon any of these items, please inform the Mayor when she requests public comments. An
opportunity for persons to speak on each item will be made available after the applicant and staff
have made their presentations on each item. All testimony, including public testimony and evidence,
will be made under oath or affirmation. Additionally, each person who gives testimony may be
subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your
testimony will be given its due weight. The general public will not be permitted to cross-examine
witnesses, but the public may request the Commission to ask questions of staff or witnesses on their
behalf. Persons representing organizations must present evidence of their authority to speak for the
organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING CONDITION 5) OF THE
APPROVAL GRANTED THROUGH RESOLUTION NO. 2003-06
PASSED JANUARY 1, 2003, AS AMENDED BY RESOLUTION NO.
2005-70 AND RESOLUTION NO. 2007-23, TO EXTEND THE EXPIRY
DATE OF THE VARIANCE APPROVAL FROM JANUARY 6, 2015 TO
JANUARY 6, 2020 FOR THE COMMERCIAL ADVERTISING SIGN
LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE
BOULEVARD AND NE 203 STREET (IVES DAIRY ROAD), CITY OF
AVENTURA, ON PROPERTY DESCRIBED IN EXHIBIT "A";
PROVIDING FOR AN EFFECTIVE DATE.
3
Community Development Director Joanne Carr addressed the Commission and
explained the request. A motion for approval was offered by Commissioner
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 Resolution No.
2014-53 was adopted.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING CONDITION 1. OF SECTION 1. OF
RESOLUTION NO. 2014-19 PASSED ON APRIL 1, 2014, REGARDING
TIME LIMITS FOR OBTAINING BUILDING PERMITS, FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF NE 207 STREET BETWEEN NE
29 AVENUE AND NE 30 AVENUE, CITY OF AVENTURA; PROVIDING
FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission and explained the request. A motion for
approval was offered by Commissioner Luz Weinberg, and seconded by
Commissioner Howard Weinberg. Mayor Gottlieb opened the public hearing.
The following individuals addressed the Commission: Mickey Marrero, Esq.,
Bercow & RadelI, 200 S. Biscayne Blvd., representing the applicant. There being
no further speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote and Resolution No. 2014-54 was adopted.
7. ORDINANCES: FIRST READING — PUBLIC INPUT: None.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CODE OF ORDINANCES BY AMENDING SECTION 31-144(C),
COMMUNITY BUSINESS DISTRICT, SUBSECTION c)(5)b. TO
PROVIDE FOR INTERNAL CONSISTENCY AND CROSS-REFERENCE
RELATED TO HEIGHT OF SHOPPING CENTER BUILDINGS;
AMENDING SECTION 31-144(C), COMMUNITY BUSINESS DISTRICT,
SUBSECTION c)(1)t. TO PROVIDE FOR INTERNAL CONSISTENCY
AND CROSS-REFERENCE RELATED TO PET SHOPS; AMENDING
CHAPTER 4, ALCOHOLIC BEVERAGES, SUBSECTION (e)(2) OF
SECTION 4-2 TO CLARIFY EXEMPTION FOR DINING ROOMS AND
RESTAURANTS; AMENDMENT TO SECTION 31-234, OUTDOOR
LIGHTING STANDARDS, TO PROVIDE CONSISTENCY WITH THE
MIAMI-DADE COUNTY CODE OF ORDINANCES AND AMENDING
SECTION 31-221, LANDSCAPING REQUIREMENTS, TO PROVIDE
CONSISTENCY WITH THE MIAMI-DADE COUNTY CODE OF
ORDINANCES AND TO INCREASE THE MINIMUM HEIGHT OF
TREES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
4
A motion for approval was offered by Commissioner Cohen and seconded
by Commissioner Holzberg. 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. 2014-
13 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE 2014 EVALUATION AND APPRAISAL BASED AMENDMENTS TO
THE CITY OF AVENTURA COMPREHENSIVE PLAN; AUTHORIZING
TRANSMITTAL TO REVIEW AGENCIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded
by Vice Mayor 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. 2014-
14 was enacted.
9. RESOLUTIONS — PUBLIC HEARING: None.
10.REPORTS: As presented.
11.PUBLIC COMMENTS: Bob Burroughs; Arthur Barr; Denise Landman; and Sandra
Joel addressed the Commission
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 7:15 p.m.
Ellisa L. Horvath, MMC, City Clerk
/tms
Approved by the Commission on November 12, 2014.
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM ; y M. ager
DATE: October 8, 2014
SUBJECT: Resolution Declaring Equip ' - nt Surplus
November 12, 2014 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. 2014-
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 Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Resolution No. 2014-_
Page 2
PASSED AND ADOPTED this 12th day of November, 2014.
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CI OF AVENTURA
PO E DEPARTMENT
INTE i' FICE MEMORANDUM
TO: Eric M. Soroka, City , - =ger
FR• . =v= • -rg, ' = Police
DATE: 8 October 2014
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:
Vacuum is a J/E Adams model# 8105 —serial#63213
Air/Water dispenser is a DURO model# ET300A—serial#2/005
These items are no longer serviceable and have been replaced with new
equipment.
CITY OF AVENTURA
POLIC DEPARTMENT
INTE- •F CE MEMORANDUM
TO: Eric M. Soroka, C' , anag-r
A
FRO : E-ven Steinberg, Ch of •olice
DATE: 3 October 2014
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:
Please surplus the below list of Cott AR 15, Model 6920 rifles:
Colt AR-15 LGC034997
Colt AR-15 LGC035772
Colt AR-15 LGC039829
Colt AR-15 LGC039839
Colt AR-15 LGC039888
Colt AR-15 LGC039890
Colt AR-15 LGC039906
Colt AR-15 LGC039909
Colt AR-15 LGC039914
Colt AR-15 LGC039921
Colt AR-15 LGC039926
Colt AR-15 LGC039933
Colt AR-15 LGC039970
Colt AR-15 LGC040190
Colt AR-15 LGC040623
Colt AR-15 LGC040633
Colt AR-15 LGC040723
Colt AR-15 LGC040726
Colt AR-15 LGC040731
Colt AR-15 LGC040751
Colt AR-15 LGC040762
Colt AR-15 LGC040859
Colt AR-15 LGC040862
Colt AR-15 LGC040868
Colt AR-15 LGC040951
Colt AR-15 LGC040958
Colt AR-15 LGC040980
Colt AR-15 LGC040984
Colt AR-15 LGC040987
Colt AR-15 LGC041007
Colt AR-15 LGC043388
Colt AR-15 LGC043390
Colt AR-15 LGC043391
Colt AR-15 LGC043452
Colt AR-15 LGC043475
Colt AR-15 LGC043482
Colt AR-15 LGC043492
Colt AR-15 LGC043493
Colt AR-15 LGC043514
Colt AR-15 LGC043536 .
Colt AR-15 LGC043559
Colt AR-15 LGC043606
Colt AR-15 LGC043614
Colt AR-15 LGC045875
Colt AR-15 LGC045898
Colt AR-15 LGC046010
Colt AR-15 LGC046036
Colt AR-15 LGC046044
Colt AR-15 LGC046158
Colt AR-15 LGC046193
CITY OF AVENTURA
POLICE 'EPARTMENT
INTER O/- E MEMORANDUM
TO: Eric M. Soroka, City : - er
FRO : =
CITY OF AVENTURA
INFORMATION TEC OLOGY DEPARTMENT
' f • 'ANDUM
TO: Eric M. Soroka, City M . . ger
FROM: Karen J. Lanke, Inf, mat in Te hnology Director
DATE: October 29, 2014
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 Optiplex 760 1 G2S4WK1 Desktop
Dell Optiplex 760 1 G2S4WK1 Desktop
Dell Optiplex GX620 1 9NBLV71 Desktop
Dell Optiplex 755 1 2SNQGH1 Desktop
Dell Optiplex 780 1 3RYLKN1 Desktop
Dell Latitude E6410 1 5WP4SM1 Laptop
Dell Latitude E6410 1 40Q4SM1 Laptop
Dell Latitude E6400 XFR 1 9N13WN1 Laptop
Dell Latitude E6420 1 FGWP3R1 Laptop
Dell Latitude E6420 1 FBWP3R1 Laptop
Dell Latitude E6420 1 89WP3R1 Laptop
Dell Latitude E6420 1 C8WP3R1 Laptop
Dell Latitude E6410 1 12R4SM1 Laptop
Dell Latitude E6410 1 5XP4SM1 Laptop
Dell Latitude E6410 1 DXP4SM1 Laptop
Dell Latitude E6420 1 64WP3R1 Laptop
Dell Latitude E6410 1 6HQ3SM1 Laptop
Dell Latitude E6410 1 9TP4SM1 Laptop
Dell Latitude E6410 1 BBQ4SM1 Laptop
Dell Latitude E6410 1 1VP4SM1 Laptop
Dell Latitude E6410 1 5VP4SM1 Laptop
APC Back-UPS RS 800 4 UPS
HP PE1227 1 CNCHFOV282 Monitor
Dell 1504FP 1 MX-05R108-47605-369-AYDC Monitor
HP Deskjet 6127 1 MY4AD4B1HY Printer
HP Deskjet 6940 1 MY6828R172 Printer
HP Deskjet 6940 1 MY73F9R3Y5 Printer
HP Deskjet 6940 1 MY67C8ROVJ Printer
HP Deskjet 952C 1 MYOBM1 F382 Printer
HP OfficeJet J6480 1 MY85L115KR Printer
APC SUA1500RM2U 1 AS0726131293 UPS
Dell 1707FPt 1 CN-0CC280-71618-64J-BFUG Monitor
Intertel Basic Digitial Terminal 1 0U7007091A9 Phone
Sony PCG-9D1 L 1 28340830 3703186 Laptop
Miscellaneous Box of keyboards,mice and cables 1
Page 1 of 1 10/29/2014
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, . 1 an. •er
DATE: October 20, 2014
SUBJECT: Resolution Authorizing Exec '•n of Federal Drug Control and
System Improvement Program Grant to Fund School Resource
Officer Drug and Crime Prevention Programs
November 12, 2014 City Commission Meeting Agenda Item 6 C
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 $3,973 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
RESOLUTION NO. 2014-
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 $3,973 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 $3,973 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 Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Resolution No. 2014-_
Page 2
PASSED AND ADOPTED this 12th day of November, 2014.
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Aventura
FY 2015
Edward Byrne
Memorial Justice
Assistance Grant
( JAG )
Contract
MIAMI-DADE COUNTY
CONTRACT
This Contract, made this day of 2014, 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, 22th 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 may be 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 grantee for the State of Florida is authorized to contract
for 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 and the recitals above which are hereby incorporated by reference, 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 $3,973. Both parties agree that should
available County funding be reduced, the amount payable under this Contract may be
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proportionately reduced at the option of the County. Availability of funds shall be determined in
the sole discretion of the County.
II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with
the Scope of Services incorporated herein and attached hereto as Attachment A.
The Provider shall comply with any and all applicable requirements under the County's primary
contract with the ultimate funding source for this Agreement as well as with any guidance
received by the County at any time from the agency providing the County with funding for this
Agreement.
III. EFFECTIVE TERM. The effective term of this Contract shall be from October 1, 2014
through July 31, 2015.
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 11D-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 10, 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.
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NHL INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold
harmless the County and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorneys' fees and costs of defense, which the County or
its officers, employees, agents or instrumentalities may incur as a result of claims, demands,
suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Contract by the Provider or its employees, agents,
servants, partners, principals or subcontractors. Provider shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall
pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by Provider shall in no way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents and instrumentalities as
herein provided. The provisions of this section or indemnification shall survive the expiration or
termination of this Contract. 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 Project 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 (including but not limited to
Chapters 39, 402, 409, 394, 408, 393, 397, 943, 984, 985, 1012 and 435, Florida Statutes, and
Section 943.04351, Florida Statutes, as may be amended form time to time), regulations,
ordinances and resolutions, regarding background screening of those who may work or
volunteer directly with or in the vicinity of 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, volunteers, subcontractors and
independent contractors 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 or in the vicinity of vulnerable persons. The Provider shall also comply with
Section 943.059, Florida Statutes, regarding court-ordered sealing of criminal history records,
and Section 943.0585, Florida Statutes, regarding court-ordered expunction of criminal history
records, as may be applicable.
The Provider agrees to ensure that employees, volunteers, subcontracted personnel
and independent contractors 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, subcontracted
personnel and independent contractors, who work with vulnerable persons, satisfactorily
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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,
subcontractor or independent contractor's Level 2 or other required background screening was
satisfactorily passed and completed prior to that employee, volunteer, subcontractor or
independent contractor working or volunteering with or in the vicinity of 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.
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 2-1 1.1
et at 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 AS PERTAINS TO THIS AGREEMENT.
All parties assure that no person shall be excluded on the grounds of race, color, religion,
ancestry, national original, age, sex, pregnancy, disability, marital status, familial status or
sexual orientation, from participation in, denied the benefits of, or be otherwise subjected to
discrimination in any activity under this Agreement. All parties shall take all measures
necessary to effectuate these assurances.
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 1964, 42 U.S.C. §2000e et
seq., as amended, which prohibits discrimination in employment and public
accommodation; the Age Discrimination in Employment Act of 1967, 29 U.S.C., §621 et
seq., 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. §12101 et seq.
which prohibits discrimination 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 (Attachment E to this Agreement) attesting that
it is not in violation of the Americans with Disabilities Act, the Rehabilitation Act, the
Federal Transit Act, 49 U.S.C. §5332, and the Fair Housing Act, 42 U.S.C. §3601 et
seq.,as pertains to this agreement. 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.
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The Provider attests that if it is found in violation of any of the laws listed in the attached
Affidavit by the highest applicable authority after exhausting any and all appeals or
reconsideration requests, it shall take all reasonable and feasible remedial action(s) as to any
such violation(s). The Provider shall comply at all times with any and all applicable laws and
regulations listed in the Affidavit attached to this Agreement.
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:
If to the COUNTY:
Miami-Dade County
Office of Management and Budget
111 NW First St., 22Th Floor
Miami, Florida 33128
Attention: Frank Barriga
If to the PROVIDER:
Aventura Police Department
19200 W. Country Club Dr.
Aventura, FL 33180
Attention: Shelisa Anderson
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 or default 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
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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; (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; or (14) The Provider has failed to comply with
the public records disclosure requirements set forth in Section 119.0701 of the Florida Statutes.
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)
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 decline to contract with the Provider in the future;
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
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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.
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 second quarter and upon submission
of the Quarterly Performance Report and Expenditure Report, 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 which documents those steps the
municipality will take in the Third Quarter to fully expend the contract by the end of the program
period.
2. This expenditure plan must be approved by the County.
3. Pursuant to guidance received from the Florida Department of Law
Enforcement, where the County does not anticipate the municipality will achieve full
expenditures by the end of the program period, the County will recapture and rescind the
anticipated unexpended amount , 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 the
School Resource Officer Project using the Quarterly Expenditure Report as it appears in
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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. In the event that the Provider has not timely provided its Second Quarterly
Expenditure Report to the County, the Mayor or chief officer of the Provider shall provide a
written explanation to the County explaining the delay. The final Expenditure Report shall be
submitted by August 15, 2015.
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
already available within the Provider organization, will be considered an unnecessary
expenditure.
B. Screening. 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, 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
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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.
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:
1. The names of staff providing services as described in Attachment A.
2. The dates and number of hours the staff provided services.
3. The dates of services and activities and the names of program
participants in attendance to such as described in Attachment A.
4. The records of all other program services provided under this Contract.
Pursuant to Section 119.0701 of the Florida Statutes, if the Provider meets the definition of
"Contractor" as defined in Section 119.10701(1)(a), the Provider shall:
(a) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service;
(b) Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential an exempt from public records
disclosure requirements are not disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer to the County, at no County
cost, all public records created, received, maintained and or directly related to the performance
of this Agreement that are in possession of the Provider upon termination of this Agreement.
Upon termination of this Agreement, the Provider shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. All records
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stored electronically must be provided to the County in a format that is compatible with the
information technology systems of the County.
For purposes of this Article, the term "public records- shall mean all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of transmission, made or
received pursuant to law or ordinance or in connection with the transaction of official business
of the County.
B. Reporting Requirements.
1. Quarterly and Final 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 the Final Performance Report August 5, 2014 covering the
Contract activity for the previous quarter. The Quarterly and Final Project Performance Report
shall be submitted in the format and using the form attached hereto as Attachment C.
2. Quarterly and Final 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 the Final Expenditure Report August 15, 2014
covering the expenditures to be reimbursed for the previous quarter. The Quarterly and Final
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 period.
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`)/0 of the total contract amount.
The Miami-Dade County Inspector General is authorized and empowered to review past,
present and proposed County and Public Health Trust Programs, contracts, transactions,
accounts, records, and programs. In addition, the Inspector General has the power to
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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.
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
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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.
The parties agree this contract has no intended or unintended third party beneficiaries.
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.
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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. Nothing in this contract shall be considered a waiver of sovereign
immunity.
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.
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I. Total of Contract/Severability of Provisions. This fifteen (15) 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.
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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.
City of Aventura, Florida
By:
City Mayor Date
For the City Commission,
City of Aventura, Florida
, CLERK
Attest:
By:
Clerk Date
MIAMI-DADE COUNTY, FLORIDA
By:
County Mayor
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Deputy Clerk Date
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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 El 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
ATTACHMENT A
PROGRAM NARRATIVE
Jurisdiction Name: Aventura Contact Person: Shelisa Anderson
Address: 19200 W. Country Club Dr. Contact Numbers: 0 305-466-8965
Aventura, FL 33180 F (305) 466-2895
Program Area: School Resource Officer Program Dates: 10/01/14 through 07/31/15
Program Name: AVLET2 (Aventura Learn, Evaluate, Target Population: School aged children's
Take Action) Parents
Problem Identification
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. Our own
studies have shown that the drug problem is increasing in local schools with documented evidence that
the use of drugs is starting at a younger age, 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
For the FY 2015 Grant cycle the Aventura Police propose that the School Resource Officer along with
our Crime Prevention Officer continue to offer AVLET training to parents on drug abuse prevention. I n
addition to offering the training to parents we will expand our outreach to include more community
groups and neighborhood Associations. Offering the training to a more diverse group will enable us to
reach a much wider audience without changing the message that parents can make a difference in their
children's lives. The AVLET Program information will also be offered to area educators who are in a
unique position to identify and report possible drug abuse by our children. 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 Contact Person: Shelisa Anderson
Address: 19200 W. Country Club Dr. Contact Numbers: 0 305-466-8965
Aventura, FL 33180 F (305) 466-2895
Program Area: School Resource Officer Program Dates: 10/01/14 through 07/31/15
Program Name: AVLET (Aventura Learn, Evaluate, Target Population: Parents of School aged
Take Action) 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
1000 parents/teachers aged children Quarterly Performance Reports
Provide approximately 36 hours Video and Multimedia Quarterly Expenditure Reports
of training presentations
Program Plan and Activity
Purchase supplies for the Presentations on various drug Schedule
project including: prevention topics
Printed program materials, drug Meeting announcements,
prevention videos, pens, book attendance records
marks, key chains, and drug id
slide charts. Participant list and meeting
Scanner attendance records
Filing Cabinet
Copies of invoices for materials
purchased
PROGRAM BUDGET ATTACHMENT B
Jurisdiction Name: Aventura Contact Person: Shelisa Anderson
Program Area: School Resource Officer 0 (305) 466-8965 F (305)466-2895
Program Name: AVLET Program Dates: 10/01/14-07/31/15
CONTRACTUAL SERVICES (FY 2015 Total) $3,973
Sub Category: Amount
A Salaries and Benefits 0
B Expenses ( 3,973 I
C Operating Capital Outlay
Sub Category Total: 3,973
Budget Detail/Narrative of Sub Category Above: Amount
1 Program Materials 3,373
2 Scanner 400
3 Filing cabinet 200
4
5
6
7
8
9
10
Budget Total: 3,973
Miami-Dade County will reimburse an amount not to exceed: $3,973
Edward Byrne Memorial Justice Assistance Grant Program Attachment C
Drug Control and System Improvement Formula Grant Program
Quarterly Project Performance Report
SCHOOL RESOURCE OFFICER
Fiscal Year 2015
Aventura
(City)
(Project Name)
(Name of Person Completing Form) (Title) (Phone)
Report Number Quarterly Period Report Due Dates
1 October 1 - December 31 January 5
2 January 1 - March 31 April 5
3 April 1 - June 30 July 5
4 (FINAL) July 1 -July 31 August 5
Report Number Quarterly Period Report Submission Date
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Attachment D
PRINT THIS PAGE ON YOUR LETTERHEAD
Edward Byrne Memorial Justice Assistance Grant Program
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
Subgrant Number:
Name of Agency/City: Date:
Project Title: Claim Number:
Telephone Number: Claim Period:
Name of Person Completing Form:
1. Total Federal Budget 2. Amount of this Invoice
3.Amount of Previous Invoices 4. Remaining Budget Balance $0.00
(Subtract lines 2&3 from line 1)
AGENCY FOR OMB USE
Requested Amount ONLY:
for Reimbursement Approved Amount
(as indicated on Line for
Category 2 above) Reimbursement
Salaries&
Benefits
Contractual
Services
Expenses
Operating Capital
Outlay
Total Claim Amount $0.00
The above amount indicated as our agency's"Total Claim Amount"is being requested for reimbursement which is in accordance with our
contract agreement.Also,supporting documentation has been provided with this package which substantiates the above"Total Claim
Amount"requested by our agency.
I hereby 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,
Authorized Signature(Chief of Police/Other City Official) Payment Approved,Miami-Dade County OMB
FOR OMB USE ONLY
G/L Coding
Invoice Number: Invoice Description:
Vendor*: Voucher#: VQBU
Index Code:
Amount to Pay: Package Reviewed by Liaison:
Subobject: Date Submitted by Liaison in IWA:
Resolution.
SUPPORTING DOCUMENTATION FOR THIS PAYMENT MAINTAINED BY OMB-GRANTS COORDINATION
Page 2 of 5
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Salaries and Benefits)
Name of Agency/City. Date:
Project Title. Claim Number.
Name Date of Type of Total Total
Officer/Staff Activity Activity' Hours Amount
t
2
3
4
5
6
7
'(Presentation,Parent Meeting,Field trip,etc)
Total Amount for Salaries and
Benefits(if applicable): $0.00
Total Hours: 0.00
I CERTIFY THAT PAYMENT FOR THE AMOUNT OF $0.00 IS CORRECT.
BELOW IS THE SIGNATURE OF EACH STAFF(EMPLOYEE)IN THE ORDER LISTED ABOVE:
1 OFFICER/STAFF SIGNATURE: EMPLOYEE ID:
2 OFFICER/STAFF SIGNATURE: EMPLOYEE ID:
3 OFFICER/STAFF SIGNATURE: EMPLOYEE ID:
4 OFFICER/STAFF SIGNATURE: EMPLOYEE ID:
5 OFFICER/STAFF SIGNATURE: EMPLOYEE ID:
6 OFFICER/STAFF SIGNATURE: EMPLOYEE ID:
7 OFFICER/STAFF SIGNATURE: EMPLOYEE ID:
8 OFFICER/STAFF SIGNATURE: EMPLOYEE ID:
I VERIFY THAT THE ABOVE SERVICES WERE PROVIDED:
CHIEF OF POLICE/CITY OFFICIAL SIGNATURE:
Note: Payroll registers,time sheets and OT slips(if applicable),documenting payroll expenses must be attached to
process this reimbursement.
Page 3 of 5
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Contractual Services)
Name of Agency/City: Date:
Project Title: Claim Number:
Item Date Check/ACH
Vendor Name Description Paid Number Amount
TOTAL CONTRACTUAL SERVICES AMOUNT: $0.00
NOTE: Copies of all invoices,cancelled checks,purchase orders for this request must be attached
to process this reimbursement.
Page 4 of 5
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Expense)
Name of Agency/City Date:
Project Title Claim Number.
Item Date Check/ACH
Vendor Name Description Paid Number Amount
TOTAL EXPENSE AMOUNT: $0.00
NOTE: Copies of all invoices,cancelled checks,and purchase orders for this request must be attached to process
this reimbursement.
•
Page 5 of 5
SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS
(Operating Capital Outlay)
Name of Agency/City: Date:
Project Title: Claim Number:
Item Date Check/ACH
Vendor Name Description Paid Number Amount
TOTAL OPERATING CAPITAL OUTLAY AMOUNT: $0.00
NOTE: Copies of all invoices,cancelled checks,purchase orders for this request must be attached to process
this reimbursement.
ATTACHMENT E
JAG/BYRNE GRANT ADMINISTRATION
MIAMI-DADE COUNTY AFFIDAVITS
The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits
that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All
blank spaces must be filled.
The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT;
DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall
not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any
political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE 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.
I, , 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-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT(County Ordinance No. 90-
133,Amending sec. 2.8-1; Subsection(d)(2)of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require
the entity contracting or transacting business to disclose the following information. The foregoing
disclosure requirements do not apply to contracts with the United States or any department or agency
thereof,the State or any political subdivision or agency thereof or any municipality of this State.
1. Does your firm have a collective bargaining agreement with its employees?
Yes No
2. Does your firm provide paid health care benefits for its employees?
Yes No
3. Provide a current breakdown(number of persons) of your firm's
work force and ownership as to race, national origin and gender:
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 N.W, 1st Avenue, 28th Floor, Miami,
Florida 33128.
The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
reviews to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development 175 N.W. 1st 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.
3 of 5
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.
4 of 5
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 11A-60 et. seq. of the Miami Dade County Code, which requires an
employer which has in the regular course of business fifty (50) or more employees working in Miami-
Dade County for each working day during each of twenty (20) or more calendar work weeks in the
current or proceeding calendar years,to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled, "Miami-Dade County Affidavits" and
have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N/A" all affidavits
that do not pertain to this contract.
By:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO(or affirmed)before me this day of
200_ by . He/She is personally
known to me or has presented as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
Notary Public—Stamp State of Notary Seal
(State)
5 of 5
MIAMI-DADE COUNTY FLORIDA ATTACHMENT El
Form A-12
Code of Business Ethics
In accordance with Resolution R-994-99 each person or entity that seeks to do business
with Miami-Dade County shall adopt the 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 Suppliers
• We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when
identified;
• Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick
back any portion of a contract payment to employees of the other contracting party or accept
such kickback.
Page 1 of 3
MIAMI-DADS 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) (Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
200_ by . He/She
is personally known to me or has presented
(Type of Identification)
as identification.
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
Page 3 of 3
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.
By:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed)before me this day of
200_ by . He/She
is personally known to me or has presented
(Type of Identification)
as identification.
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
Notary Public—Stamp State of Notary Seal
(State)
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. I understand that a "public entity crime" as defined in paragraph 287.133 (1)(g),Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States,including,but not limited to,any bid or contract for goods or services
to be provided to public entity or agency or political subdivision of any other state or of the United
States and involving antitrust, fraud, theft,bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (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.
1 oft
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 Notary Public-State of
My commission expires
(Type of Identification)
(Printed typed or stamped commissioned name of notary
public)
2 of 2
ATTACHMENT F
JAG/BYRNE GRANT ADMINISTRATION
PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS
(Ordinance 97-104)
Name of Organization: Address:
REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT
In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit the list of first tier
subcontractors or sub-consultants who will perform any part of the Scope of Services Work, if this
Contract is for$100,000 or more.
The Provider must complete this infolination. 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: Date:
Firm Name: Fed. ID No.
Address: 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, C. an er
DATE: October 20, 2014
SUBJECT: Law Enforcement Mutual Aid A ement Between the City and Indian
Creek Village
November 12, 2014 City Commission Meeting Agenda Item 6- b
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Indian Creek village
Police Department.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1862-14
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement
between the City of Aventura and Indian Creek Village for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption and shall serve to ratify and confirm the earlier letter of extension.
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 Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Resolution No. 2014-_
Page 2
PASSED AND ADOPTED this 12th day of November, 2014.
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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oLle
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_ ,,i.,)
.r PUBLIC SAFETY DEPARTMENT ,4, ,-r
-.- '' INDIAN CREEK VILLAGE, FLORIDA =-
F` "'`'A "Protecting c Serving America's£lost c(usive Ilunicipa(ity" oK F�� Fti'
CLARKE P.MAHER,Chief
October 15, 2014
Stephen Steinberg
Chief of Police
Aventura, Florida
Re: Mutual Aid Agreement
Dear Steve:
Please find the enclosed copies of the Mutual Aid Agreement between our two agencies. There are
four copies. Please have the appropriate people sign off and then return two copies to me if you will.
I will forward the complete agreement to the state once complete. Thank you.
Respectfully,
'/- -/( 7 7/! --
Clarke P. Maher
9080 BAY DRIVE, INDIAN CREEK VILLAGE, FLORIDA 33154-3212
Administration: 305.865.4121 Desk Officer: 305.866.2446 Fax: 305.865.2502
MUTUAL AID AGREEMENT
Between the Village of Indian Creek Public Safety Department
And the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the Village of Indian Creek,
Florida and the City of Aventura, Florida to ensure the public safety of their citizens by
Providing adequate levels of police services to address any foreseeable routine or
Emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are, or likely to
be, beyond the control of the services, personnel, equipment or facilities of the
participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety,
and to preserve the lives and property of the people of the participating Miami-Dade
County municipalities; and
WHEREAS, the participating Miami-Dade County municipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid
agreement.
NOW, THEREFORE, BE IT KNOWN, that the Village of Indian Creek, subdivision of
the State of Florida, and the City of Aventura, in consideration for mutual promises to
render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by
and be bound by the following terms and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting rendering
of assistance for both routine and law enforcement intensive situation this Mutual
Aid Agreement combines the elements of both a voluntary cooperation agreement
and a requested operational assistance agreement as described in Chapter 23 Florida
Statutes.
3. Definitions:
A. Joint Declaration: A document which enumerates the various conditions of
Situation where aid may be requested or rendered pursuant to this agreement, as
concerned agency heads,the joint declaration shall be filed with the clerks of the
respective political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented at any time by
the agency heads by filing subsequent declaration with the clerks of the
respective political subdivisions.
B. Agency or participating law enforcement agency. Either the Village of
Indian Creek Public Safety Department or the City of Aventura Police
Department.
C. Agency Head: Either the Chief of the Village of Indian Creek Public Safety
Department, or the Chief's designees, and the Chief of Police of the City of
Aventura Police Department or the Chief's designees.
D. Participating municipal police department: The police department of any
municipality in Miami-Dade County, Florida that has approved and executed
this Agreement upon the approval of the governing body of the municipality.
E. Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statues.
4. Operations:
A. In the event that a party to this agreement is in need of assistance as specified in
the applicable joint declaration, an authorized representative of the police
department requiring assistance shall notify the agency from whom such
assistance is requested. The authorized agency representative whose assistance
is sought shall evaluate the situation and has available resources, and will
respond in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary manpower, equipment,
facilities, and other resources and to render services to the other party as required
to assist the requesting party in addressing the situation which caused the
request;provided however,that no party shall be required to deplete
unreasonably its own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
C. the agency heads of the participating law enforcement agencies, or the
requesting agency, and for giving tactical control over accomplishing any such
assigned mission and supervisor control over all personnel or equipment
provided pursuant to this Agreement to the providing agency.
5. Powers,Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department, certified law
enforcement employees as defined in Chapter 943, Florida Statutes, during such
time that said employees are actually providing aid outside of the jurisdictional
limits of the employing municipality pursuant to a request for aid made in
accordance with the Agreement, shall pursuant to the provisions of Chapter 23,
Florida Statutes, have the same powers, duties, rights, privileges, and immunities
as if they were performing their duties in the political subdivision in which they
are normally employed.
B. The political subdivisio9n having financial responsibility for the law
enforcement agency providing the services, personnel, equipment or facilities
pursuant to the provisions of this Agreement shall bear any loss or damage to
same and shall pay any and all expenses incurred in the maintenance and
operation of same.
C. The Political subdivision having financial responsibility for the law enforcement
agency providing aid pursuant to the Agreement shall compensate all of it's
employees rendering aid pursuant to this Agreement, during the time of
rendering of such aid and shall defray the actual travel and maintenance
expenses of such employees while they are rendering such aid. Such
compensation shall include any amounts paid for due for compensation due to
personal injury or death while such employees are engaged in rendering such
aid. Such compensation shall also include all benefits normally due such
employees.
D. All exemption from ordinances and rules, and all pension, insurance, relief,
disability, workers compensation, salary, death, and other benefits which apply
to the activity of such officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits of their
respective agencies, shall apply to them to the same degree, manner, and extent
while engaged in the performance of their functions and duties extraterritorial
under the provisions of this Mutual Aid Agreement. The provision of this
Agreement shall apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility for
the law enforcement agency providing aid pursuant to this Agreement agrees
to hold harmless, defend, and indemnify the requesting law enforcement
agency and it's political subdivision in any suit, action or claim for damages
resulting from any and all acts or conduct of employees of said providing
agency while providing aid pursuant to this Agreement, subject to Chapter
768, Florida Statutes, where applicable.
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be seized,
forfeited, and equitably distributed among the participating agencies in
proportion to the amount of investigation and participation performed by each
agency. This shall occur pursuant to the provisions of the Florida Contraband
Forfeiture Act.
8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid
Act will be controlled by the provisions of the latter, whenever conditions
exist that are within the definitions stated in Chapter 23 Florida Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from date of
signing, through and including January 1, 2020, under no circumstances may
the Agreement be renewed, amended or extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty
(60) days written notice to the other party. Cancellation will be at the
discretion of the Chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this day of 2014
L Aki(C. Samuel Kissinge Village Manager Eric M. Soroka, City Manager
Indian Creek Villa e, Florida City of Aventura, Florida
A EST: ATTEST:
M:rilane Lima, Village Clerk Ellisa L. Horvath NI M C
In I ian Creek Village, Florida Tema Clerk, Aventura, Florida
CHy
APPROVED AS TO FORM AND APPROVED AS TO FORM &
LEGAL SUFFICIENCY: LEGAL SUFFICIENCY
Steve Helfman, i a e Attorney David Wolpin
Indian Creek Vill e, Florida T.antst Attorney,Aventura,Fl.
JOINT DECLARATION AMENDMENT UNDER INDIAN CREEK VILLAGE
PUBLIC SAFETY DEPARTMENT/CITY OF AVENTURA POLICE
DEPARTMENT MUTUAL AID AGREEMENT
This agreement amends the Joint Declaration under the Mutual Aid Agreement of
January 1, 2010, to include and permit concurrent marine patrol related jurisdiction
between agencies on the waters, waterways, canals, channels, rivers, lakes, streams, and
any and all other bodies of waters, including the Intracoastal waterway (ICW)that fall
within either jurisdiction at this or any future time during the term of this Mutual Aid
Agreement.
It will be agreed between both Chiefs of Police of Indian Creek Village and the City of
Aventura Department to the following conditions of concurrent marine patrol related
jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate under
city, state and federal law, rules, and regulations, and to write boating law
violation citations, make arrests, and to attend court on behalf of the other
agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary)police offense incident report(OIR), will be completed by the
agency making the initial contact. Any follow-up investigations that are
required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by the one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prosecution
of the civil case. The jurisdiction of civil forfeiture action shall be filed by the
seizing agency.
4. Both agencies have the right to set their own days and hours for marine patrol
and agree to provide assistance and aid to the other agency under the spirit of
the Mutual Aid Agreement.
This amendment shall become effective upon the signing of both Chiefs of Police and
shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to rescind
this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the current
Mutual Aid Agreement and Joint Declaration between the City of Aventura Police
Department and the Indian Creek Village Public Safety Department.
Date: % /6,1/4,,y Date:
e JR`
C. Samuel Kissinger,(Village Manager City Manager
Indian Creek Village,Florida City of Aventura, Florida
1-(4
Clar e P. Maher, Chief of Public Safety teve Sternberg, Chief of Police
Indian Creek Village, Florida City of Aventura, Florida
JOINT DECLARATION OF THE CHIEF OF INDIAN CREEK VILLAGE PUBLIC
SAFETY DEPARTMENT AND THE CHIEF OF POLICE OF THE CITY AVENTURA
POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating law enforcement agencies
shall be considered to be operating under the provisions of the mutual aid agreement
when:
Participating in law enforcement activities that are pre-planned and
Approved by each respective agency head, or
Appropriately dispatched in response to a request for assistance from
the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the City of Aventura, Florida and Indian Creek Village, Florida, it is
hereby declared that the following list comprises the circumstances and conditions under
which mutual aid may be requested and rendered regarding police operations pursuant to
the agreement. Said list may be amended or supplemented form time to time, as needs
dictate by subsequent declarations.
1. Joint multi jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations,
controversial trails, political conventions, labor disputes and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limiting to, large-scale evacuations, aircraft and
shipping disasters, fires, explosions, gas line leaks, radiological incidents,
train wrecks and derailments, chemical or hazardous waste spills, and
electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbance within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches,perimeter control, backups to
emergency and in-progress calls, pursuits, coordinated off-duty work, and
missing person's calls.
9. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress,escaped prisoners. Traffic stops near
municipal boundaries, request for assistance and no local unit is available or
nearby call or transmissions indicating an officer is injured calls indicating a
crime or incident has occurred in which a citizen may likely be injured and the
assisting municipality is closer to the area than the officer receiving the call.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g. sporting events, concerts, parades, fairs, festivals, and
conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Incidents requiring utilization of specialized units; e.g. underwater recovery,
canine, motorcycle, crime scene, marine patrol enforcement or investigation
and police information.
16. Joint training in areas of mutual need.
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area compromising the jurisdictional
waters within respective municipal boundaries.
Date: Q ,- % Date: /K014
a/iX- ,I G7
Clarke P. Maher teve Steinberg
Chief of Public Safety Chief of Police
Indian Creek Village Public City of Aventura, Fl.
Safety Department, Indian Creek, Fl.
AT EST: �-— ATTEST:
M. lane Lima City Clerk
Vill.ge Clerk City of Aventura, Fl.
Indian Creek Village, Florida
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, C' .Man:ger
DATE: October 22, 2014
SUBJECT: Disbursement of the Police Fo iture Funds
November 12, 2014 City Commission Meeting Agenda Item [UE
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend funds
from the Federal Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $60,000 for CIU workstations,
interview recording system, crime prevention scholarship and K-9 training
equipment from the Federal Police Forfeiture Funds in accordance with the City
Manager's memorandum."
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01863-14
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMO - DUM
TO: Eric M. Soroka, City rn -ge
—
FROM: a en einberg, Chief • Poh•-
DATE: 22 October 2014
SUBJECT: Use of Forfeiture Funds
The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the
use of federally forfeited funds for law enforcement. Section IX, A9 of the
Federal Equitable Sharing agreement requires that the funds be expended only
upon request of the Chief of Police to the governing body of the municipality and
approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Criminal Investigations Unit workstations $4,500.00
Criminal Investigations Unit interview recording system $30,000.00
Crime Prevention Scholarship $7,500.00
K9 Training Equipment $18,000.00
Summary
Criminal Investigations Unit workstations -CIU is adding a new Detective to handle
economic crime investigations to include ID theft, fraud and tax scams. The current
office configuration provides no space for the new position so additional work space
must be provided; this will also provide a second workspace in the vent of future
growth.. This request is to allow up to $4,500.00 to be spent on the new work area.
Criminal Investigations Unit interview recording system — The current system has
proven to be ineffective and unreliable for use to record statements or confessions
taken by Detectives or officers in criminal investigations. Additionally, the interview
room requires noise dampening/soundproofing in order for the statements to be
recorded in the optimum manner. This request is to allow up to $30,000.00 be allocated
for these purchases.
Crime Prevention Scholarship: A donation in the amount of $7,500 to the
Florida International University - First Generation Scholarship Fund specifically
for Aventura residents. This combined with matching funds from the state will
provide scholarships to FIU students who are Aventura residents and will be the
first generation in a family to attain a college degree. This program will serve to
enhance crime prevention by facilitating educational and employment
opportunities that would otherwise not exist, by providing tuition assistance to
students with limited financial means who come from families with no prior
benefit of higher education.
K9 Training Equipment— The city has secured a lease on FDOT property just
on the west side of West Dixie Hwy, by NE 203 St, for use as our K9 training
area. This equipment is needed for the K9 officers to be able to train their K9's
on a regular basis and still be very dose to the city in the event of calls. This
request also includes the cost of site surveys as required by FDOT. This request
is to allow up to$18,000.00 be allocated for these purchases.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit . !er
DATE: October 23, 2014
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
Miami Shores Police Department
November 12, 2014 City Commission Meeting Agenda Item (0F
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Miami Shores Police
Department.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CCO1864-14
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI SHORES VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement
between the City of Aventura and Miami Shores Village for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption and shall serve to ratify and confirm the earlier letter of extension.
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 Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Resolution No. 2014-_
Page 2
PASSED AND ADOPTED this 12th day of November, 2014.
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
0
4- October 14, 2014
,),,,i4ge, Chief Steven Steinberg
"Veered 7. Vowt Sajeric Aventura Police Department
19200 W Country Club DR
Miami Shores Aventura, Florida 33180
Police Department
Re: Mutual Aid Agreement
9990 N.E.Second Avenue
Miami Shores,Florida 33138
(305)759-2468
(305)795-2212 Fax Dear Chief Steinberg:
The Mutual Aid Agreement, which exists between the Miami Shores Police
Kevin Lystad Department and the Aventura Police Department, is set to expire. We have
Chief of Police enclosed two original Mutual Aid agreements for your review and approval
by your appropriate authorities to ensure continued mutual support as
described in Chapter 23, Florida Statutes, Florida Mutual Aid Act.
If the enclosed Mutual Aid Agreements meet the requirements of your
municipality, please effect the execution, as appropriate, of the two original
documents. Please retain one original copy of the agreement for your record
and return one original signed document to:
Lieutenant David McLeod
Miami Shores Police Department
9990 N.E. 2nd Avenue
Miami Shores, FL 33138
Upon receipt of the executed agreement, it will be considered effective as
described in the document and will supersede all prior mutual aid
agreements with our agency. Our agency shall file the necessary paperwork
with the Florida Department of Law Enforcement as required by Florida
Statute. If you have any questions concerning the mutual aid agreement,
please contact Lieutenant David McLeod at(305) 759-2468.
Sincer y,
,--7 ‘__4:2
Kevin4 stad
Chief of Police
FBINA—225th Session
MUTUAL AID AGREEMENT
Between Miami Shores Village
and the City of Aventura
Whereas, because of the existing and continuing possibility of the occurrence of law
enforcement problems and other natural and man-made conditions which are, or are likely to
be, beyond the control of the services, personnel, equipment, or facilities of the Miami Shores
Police Department or the Aventura Police Department; and
Whereas, Miami Shores Village and the City of Aventura are so located in relation to each
other that it is to the advantage of each to receive and extend mutual aid in the form of law
enforcement services and resources to adequately respond to intensive situations, including,
but not limited to, natural or manmade disasters or emergencies as defined under
§ 252.34, Florida Statutes; and,
Whereas, in order to ensure that preparation of these law enforcement agencies will be
adequate to address any and all of these conditions, to protect the public peace and safety, and
to preserve the lives and property of the people of the participating municipalities; and,
Whereas, Miami Shores Village and the City of Aventura have the authority under § 23.12,
Florida Statutes, et seq. , the Florida Mutual Aid Act, to enter into a mutual aid agreement
for law enforcement service which provides for rendering of assistance in a law enforcement
emergency.
NOW, THEREFORE, Miami Shores Village, a Florida municipal corporation, and the City of
Aventura in consideration for mutual promises to render valuable aid in time of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms and
conditions:
SECTION I: SHORT TITLE: Mutual Aid Agreement
SECTION II: DESCRIPTION
Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for
both routine and law enforcement intensive situations, this Mutual Aid Agreement combines
the elements of both a voluntary cooperation agreement and a requested operational assistance
agreement, as described in Chapter 23 Florida Statutes.
SECTION III: DEFINITIONS
a. Joint Declaration: A document which enumerates the various conditions or situations
where aid may be requested or rendered pursuant to this Agreement, as determined by
concerned agency heads. Subsequent to execution by concerned agency heads, the joint
declaration shall be filed with the clerks of the respective political subdivisions and
shall thereafter become part of this agreement. Said declaration may be amended or
1
supplemented at any time by the agency heads by filing subsequent declarations with
the clerks of the respective political subdivisions.
b. Agency or participating law enforcement agency: Either the Miami Shores Police
Department or the Aventura Police Department.
c. Agency Head: Either the Chief of the Miami Shores Police Department, or Chief's
designees; and the Chief of the Aventura Police Department, or the Chief's designees.
d. The participating police department: The police department of any municipality in the
State of Florida that has approved and executed this Agreement upon the approval of
the governing body of that municipality.
e. Certified law enforcement employee: Any law enforcement employee certified as
provided in Chapter 943, Florida Statutes.
SECTION IV: OPERATIONS
a. In the event that a party to this agreement is in need of assistance as set specified in the
applicable joint declaration, an authorized representative of the agency requiring
assistance shall notify the agency head or his/her designee from whom such assistance
is requested. The agency head or authorized agency representative whose assistance is
sought shall evaluate the situation and the agency's available resources, consult with
his/her supervisors if necessary, and will respond in a manner he/she deems
appropriate.
b. The agency head in whose jurisdiction assistance is being rendered may determine who
is authorized to lend assistance in his/her jurisdiction, for how long such assistance is
authorized and for what purpose such authority is granted. This authority may be
granted either verbally or in writing as the particular situation dictates. The agency
head's decision in these matters shall be final.
c. Each party to this Agreement agrees to furnish necessary personnel, equipment,
facilities and other resources and to render services to the other party as required to
assist the requesting party in addressing the situation which caused the request;
provided, however, that no party shall be required to unreasonably deplete its own
personnel, equipment, resources, facilities, and services in furnishing such mutual aid,
as determined by the furnishing party.
d. The agency heads of the participating law enforcement agencies, or their designees, shall
establish procedures for giving control of the mission definition to the requesting agency,
and for giving tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided pursuant to this Agreement
to the providing agency. However, each employee shall also be subject to the personnel
rules,regulations,procedures, and policies applicable to his or her employing agency.
2
e. The personnel and equipment that are assigned by the assisting agency head shall be
under the immediate command of a supervising officer designated by the assisting
agency head. Such supervising officer shall be under the direct supervision and
command of the agency head or his/her designee of the agency requesting assistance.
f. Whenever an officer or other employee is rendering assistance pursuant to this
agreement, the officer or employee shall abide by and be subject to the rules and
regulations, personnel policies, general orders and standard operating procedures of
his/her own employing agency. If any such rule, regulation, personnel policy, general
order or standard operating procedure is contradicted, contravened or otherwise in
conflict with a direct order of a superior officer of the requesting agency, then such
rule, regulation, personnel policy, general order or procedure shall control and shall
supersede the direct order.
g. Whenever there is cause to believe that a complaint has arisen as a result of a
cooperative effort as it may pertain to this agreement, the agency head or his/her
designee of the requesting agency shall be responsible for the documentation of said
complaint to ascertain at a minimum:
1. The identity of the complainant.
2. An address where the complaining party can be contacted.
3. The specific allegation.
4. The identity of the accused employee(s) without regard to agency
affiliation.
If it is determined that the accused is an employee of the assisting agency, the above
information, with all pertinent documentation gathered during the receipt and processing
of the complaint, shall be forwarded without delay to the agency head or his/her designee
of the assisting agency for administrative review. The requesting agency may conduct a
review of the complaint to determine if any factual basis for the complaint exists and/or
whether any of the employees of the requesting agency violated any of their agency's
policies or procedures.
SECTION V: POWERS,PRIVILEDGES,IMMUNITIES, COSTS
a. All employees of the participating police department, including certified law enforcement
employees as defined in Chapter 943, Florida Statutes, during such time that said
employees are actually providing aid outside of the jurisdictional limits of the employing
municipality pursuant to a request for aid made in accordance with this Agreement, shall,
pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing their duties in the political
subdivision in which they are normally employed.
b. The political subdivision having financial responsibility for the law enforcement agency
providing services, personnel, equipment, or facilities pursuant to the provisions of this
3
Agreement shall bear any loss or damage to same and shall pay any and all expenses
incurred in the maintenance and operation of same.
c. The political subdivision having financial responsibility for the law enforcement agency
providing aid pursuant to this Agreement shall compensate all of its employees rendering
aid pursuant to this Agreement, during the time of the rendering of such aid, and shall
defray the actual travel and maintenance expenses of such employees while they are
rendering such aid. Such compensation shall include any amounts paid or due for
compensation due to personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all benefits normally due such
employees.
d. All exemptions from ordinance and rules, and all pension, insurance, relief, disability,
workers' compensation salary, death, and other benefits which apply to the activity of
such officers, agents, or employees of any such agency, when performing their respective
functions within the territorial limits of their respective agencies, shall apply to them to
the same degree, manner, and extent while engaged in the performance of their functions
and duties extraterritorially under the provisions of the Mutual Aid Agreement. The
provisions of this Agreement shall apply with equal effect to paid and auxiliary
employees.
e. Nothing herein shall prevent the requesting agency from requesting supplemental
appropriations from the governing authority having budgeting jurisdiction to reimburse
the assisting agency for any actual costs or expenses incurred by the assisting agency
performing hereunder.
f. Nothing in this agreement is intended or is to be construed as any transfer or
contracting away of the powers or functions of one party hereto to the other.
g. This agreement creates no rights or benefits in favor of any third parties and there are
no intended third party beneficiaries with regard to the provisions herein.
SECTION VI: INDEMNIFICATION
a. The political subdivision having financial responsibility for the law enforcement agency
providing aid pursuant to this Agreement, agrees to hold harmless, defend, and indemnify
the requesting law enforcement agency and its political subdivision in any suit, action or
claim for damages resulting from any and all acts or conduct of employees of said
providing agency while providing aid pursuant to this Agreement, subject to Chapter 768,
Florida Statutes, where applicable.
b. Each party engaging in any mutual cooperation or assistance, pursuant to this agreement,
agrees to assume responsibilities for the acts, omissions, or conduct of such party's own
employees while engaged in rendering aid pursuant to this Mutual Aid Agreement,
subject to the provisions of§ 768.28, Florida Statutes,where applicable.
4
c. Each party shall provide satisfactory proof of liability insurance or self insurance by one
or more of the means specified in § 768.28(15)(a), Florida Statutes, in an amount which
is, in the judgment of the governing body of that party, at least adequate to cover the risk
to which that party may be exposed. Should insurance coverage, however provided, of
any party be cancelled or undergo material change, that party shall notify all parties to
this agreement of such change within ten (10) days of receipt of notice or actual
knowledge of such change.
SECTION VII: FORFEITURES
a) In the event that a participating agency seizes any real property, vessel, motor vehicle,
aircraft, currency or other property pursuant to the Florida Contraband Forfeiture Act
during the performance of this agreement, the agency requesting assistance in the case
of requested operational assistance and the seizing agency in the case of voluntary
cooperation shall be responsible for maintaining any forfeiture action pursuant to
Chapter 932, Florida Statutes. The agency pursuing the forfeiture action shall have the
exclusive right to control and the responsibility to maintain the property in accordance
with Chapter 932, Florida Statutes, to include, but not be limited to, the complete
discretion to bring the action or dismiss the action.
b) All proceeds from forfeited property seized as a result of or in accordance with this
agreement shall be divided in proportion to the amount of investigation and
participation performed by each agency, less the costs associated with the forfeiture
action.
SECTION VIII: CONFLICTS
Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the
provisions of the latter, whenever conditions exist that are within the definitions stated in
Chapter 23 Florida Statutes.
SECTION IX: EFFECTIVE DATE
This agreement shall take effect upon execution and approval by the hereinafter named
officials and shall continue in full force and effect until January 1, 2020. Under no
circumstances may this agreement be renewed, amended, or extended except in writing.
SECTION X: CANCELLATION
Any party may cancel its participation in this agreement upon sixty (60) days written notice to
the other party or parties. Cancellations will be at the discretion of any subscribing party.
5
IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date
specified.
//1/
Thomas Benton Eric Soroka
Village Manager City Manager
Miami Shores Village, FL City of Aventura
Date: P--/7"/ Date:
Attest: Attest:
kwa o/d
�►►iSa �- i-(or\Iatin, 14MC
Barbara Estep Taignmeilat
Village Clerk City Clerk
Miami Shores Village, FL City of Aventura
Approved as to form Approved as to form
and legal sufficiency: and legal sufficiency:
Richard Sarafan Weiss,Serota,Helfman
Village Attorney City Attorney
Miami Shores Village, FL City of Aventura
Filing the mutual aid agreement: section 23.1225(4), Florida statutes, requires the filing of a copy of
the signed mutual aid agreement with FDLE within 14 days after signature. Filing may be
accomplished by either mailing to FDLE, P.O. Box 1489, Tallahassee, FL 32302, attention: mutual
aid, or fax to 904-488-1760.
6
JOINT DECLARATION OF THE CHIEF OF THE
MIAMI SHORES POLICE DEPARTMENT
AND THE CHIEF OF THE AVENTURA POLICE DEPARTMENT PURSUANT
TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the mutual aid agreement when:
• participating in law enforcement activities that are pre-planned and approved by each
respective agency head or his/her designee; or
• appropriately dispatched in response to a request for assistance from the other law
enforcement agency; or
• spontaneous response where assistance or aid is apparent(see#9 below)
In compliance with, and under the authority of, the Mutual Aid Agreement, heretofore
entered into by Miami Shores Village and the City of Aventura, Florida, it is hereby declared that
the following list comprises the circumstances and conditions under which mutual aid may be
requested and rendered regarding police operations pursuant to the agreement. Said list may be
amended or supplemented from time to time, as needs dictate by subsequent declarations.
1. Joint multi-jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial
trials,political conventions, labor disputes and strikes.
3. Any natural,technological or man-made disaster.
4. Incidents which require rescue operations, crowd and traffic control measures, including, but
not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas
line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and
in-progress calls,pursuits, and missing persons calls.
10/14/2014
9. Participating in exigent situations without a formal request which are spontaneous
occurrences such as area searches for wanted subjects, perimeters, crimes in progress,
escaped prisoners. Traffic stops near municipal boundaries, request for back-up assistance
and no local unit is available or nearby, calls or transmissions indicating an officer is injured,
calls indicating a crime or incident has occurred in which a citizen may likely be injured and
the assisting municipality is closer to the area than the officer receiving the call.
10. Enemy attack.
11. Transportation of evidence requiring security.
12. Major events; e.g., sporting events, concerts,parades, fairs, festivals, and conventions.
13. Security and escort duties for dignitaries.
14. Emergency situations in which one agency cannot perform its functional objective.
15. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine,
motorcycle, bomb, crime scene, marine patrol, and police information.
16. Joint training in areas of mutual need.
DATE: DATE: 1 O a2 3/y
�si�
Kevin Lystad 'Steven Stein erg
Chief of Police Chief of Police
Miami Shores Police Department Aventura Police Department
ATTEST: ATTEST:
Wall 84) P/Itat-
Village Clerk City Clerk
2
10/14/2014
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci ag: r
DATE: October 31, 2014
SUBJECT: Disbursement of the Police Forfeitu e Funds
November 12, 2014 City Commission Meeting Agenda Item (OG
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend funds
from the Federal Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $63,000 for P25 Radio System
Crash Kit from the Federal Police Forfeiture Funds in accordance with the City
Manager's memorandum."
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEM()RANDUM
TO: Eric M. Soroka, City -, er
FROM: even Steinberg, h of -olice
DATE: 31 October 2014
SUBJECT: Use of Forfeiture Funds
The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the use of
federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable
Sharing agreement requires that the funds be expended only upon request of the Chief
of Police to the governing body of the municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
P25 Radio System Crash Kit $63,000
Summary
P25 Radio System Crash Kit—This request is for the purchase of specific critical P25
radio system parts. These parts will be kept on hand in the event the part in use fails or
is damaged due to unforeseen circumstances such as a lightning strike. These
replacement parts would be used to get the P25 radio back into service in the quickest
manner possible thereby reducing the systems down time. I am requesting to allocate
and spend up to $63,000.00 towards this project.
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Commander Fogelgren
FROM: Captain Labombard
SUBJECT: Crash Kit for P25 Radio Site
Date: October 30, 2014
Commander,
Based upon our recent experience with a lighting strike at the Coronado Radio Site, I
am requesting that we purchase spare critical components that can be "hot" swapped in
the event of another failure of equipment. This would allow us to restore
communications on our p25 site in the most expeditious manner. The total cost for the
crash kit would be $62,333.39
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-C v r Manager
DATE: November 5, 2014
SUBJECT: Recommendation to Appoint Member to the Police Pension Board of
Trustees to Fill Vacancy
November 12, 2014 City Commission Meeting Agenda Item toi-4
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution appointing
Billy Joel as a member of the Police Pension Board of Trustees.
BACKGROUND
The Police Pension Plan Ordinance provides for the City Commission to appoint two (2)
legal residents of the City from a list provided by the City Manager to the Police Pension
Board of Trustees.
A vacancy occurred on the Board with the death of Zev Auerbach.
Based on his extensive experience in dealing with finances and pensions, I am
recommending Billy Joel as a member of the Police Pension Board of Trustees.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01887-14
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE
APPOINTMENT BY THE COMMISSION OF ONE OF ITS
APPOINTEES TO THE BOARD OF TRUSTEES OF THE
POLICE OFFICERS' RETIREMENT PLAN TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2004-07 established a Police Officers' Retirement
Plan; and
WHEREAS, in accordance with the provisions of Ordinance No. 2004-07, and
amended by Ordinance 2010-07, two members of the Board of Trustees of the Police
Officers' Retirement Plan shall be appointed by the City Commission from a list
provided by the City Manager, each of whom shall serve for a term of four years from
date of appointment; and
WHEREAS, the City Commission wishes to provide for the appointment of one
member to the Police Officers' Retirement Plan due to the vacancy created by the
death of Zev Auerbach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby appoints Billy Joel to fill the vacancy
on the Board of Trustees of the City of Aventura Police Officers' Retirement Plan.
Section 2. 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 Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Resolution No. 2014-
Page 2
PASSED AND ADOPTED this 12th day of November, 2014.
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, I A-C
City Manager ✓
BY: Joanne Carr, AICIA, .
Community Develop T' Director
DATE: October 28, 2014
SUBJECT: Request for Modification of Condition of Resolution No. 98-77
Island Estates Sidewalk (01-MRC-15)
November 12, 2014 City Commission Meeting Agenda Item —1
THE REQUEST
The applicants, Gary Cohen, Trustee, Two Islands Development Corp., Last Lot Corp.
and NI Holdings LLC, are requesting modification to Resolution No. 98-77 to remove
Condition 3. of the Resolution. This condition, which was previously agreed to by the
developer, requires that a sidewalk be constructed on both sides of the street, namely,
on Island Estates Drive, on the southernmost island, if the second (north) island is
developed with residential units other than single family homes.
City staff has not made a recommendation on this matter, since Condition 3. of
Resolution No. 98-77 was not part of the conditions in the 1998 staff report. It was
added as a recommendation of the City Commission and agreed to by the developer at
the September 1, 1998 public hearing. Removal of the condition may be approved or
denied by the City Commission after testimony and discussion at this public hearing.
BACKGROUND
The applicant's letter of intent, a location plan, the staff report dated August 12, 1998
and Resolution No. 98-77 are attached as Exhibits #1, #2, #3 and #4 respectively to
this report.
The Letter of Intent submitted with the application for modification of resolution requests
removal of Condition No. 3 of Resolution No. 98-77, or,"... in the alternative, in the
event the City Commission determines that a sidewalk should be placed within the
private drive [of Island Estates Drive], please consider this an application for variance to
allow reduced travel lanes widths." The application submitted is for modification of a
variance. An application for reduced travel lane widths would require a separate
application for variance, with separate application form, documentation and separate
review criteria. The applicants' attorney has acknowledged that the application to be
heard at this meeting will be solely the application to modify the existing variance to
remove a condition of approval.
The existing variance relates to the development of two islands in Dumfoundling Bay in
the southerly portion of the City. The City's development approvals related to this
application begin in 1998. A history of these approvals is provided below.
I. Resolution No. 1998-77
At its meeting of September 1, 1998, the City Commission passed Resolution No. 98-
77, granting a non-use variance to permit a sidewalk on only one (1) side of a street for
property located east of Williams Island on the southernmost island in Dumfoundling
Bay, to Two Islands Development Corp., with certain conditions. Those conditions are
as follows:
1. Plans shall substantially comply with those submitted as follows:
• "Island Estates" Site Plan, Sheet No. S-1, prepared by Ford, Armenteros &
Manucy, Inc., revised dated 07-29-98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void and the applicant
shall be required to reinstate the approval process unless the term is extended by a
motion of the City Commission prior to its expiration.
3. Applicant shall record in the public records of Miami-Dade County, a covenant in a
form approved by the City Attorney, that states that the developer will agree to
install a sidewalk on both sides of the street on the southernmost island (the subject
property), if the second (north) island should be developed with residential units
other than single-family homes.
This non-use variance approval was evaluated using the criteria in Section 33-311(e)(2)
of the Miami-Dade County Code. The City's Land Development Regulations were not
adopted until July of 1999. An evaluation of those criteria is provided in the 1998 staff
report attached as Exhibit #4.
Conditions 1. and 2. above were included in the public hearing staff report dated August
12, 1998. Condition 3. was recommended by a Commissioner at the public hearing on
September 1, 1998. The applicant agreed to inclusion of that condition.
2
The applicant fulfilled Conditions 1. and 2. The development proceeded. There are
currently twenty-one single family homes on the southernmost island. There is one
vacant lot. A sidewalk was constructed on the western side of the first island.
The applicants now wish to construct a multifamily residential development on the
northernmost (second) island at Island Estates and request deletion of the condition
requiring a sidewalk on the eastern side of the first (south) island if the north island is
developed for residential units other than single family homes.
II. Development Approvals for First (South) Island
Administrative Site Plan Approval was issued by the City on November 12, 1998. This
approval permitted construction of twenty-two zero lot line single family homes in
substantial compliance with the site plan submitted with the application. The conditions
of approval in the Administrative Site Plan Approval were the same conditions as in
Resolution No. 98-77. At the time of approval, the islands were zoned RU-4, High
Density Apartment House District in the Miami-Dade County Official Zoning Map.
Ill. City of Aventura Comprehensive Plan
The City Comprehensive Plan was adopted on December 15, 1998 by Ordinance No.
98-27. The future land use map is part of the Comprehensive Plan. The two islands
are designated as Medium-High Density Residential on the future land use map.
IV. City of Aventura Zoning Map
The City of Aventura Zoning Map was adopted by the City Commission as part of the
Land Development Regulations on July 13, 1999 through Ordinance No. 99-09. The
two islands were zoned RS2, Residential Single Family District.
V. Vested Rights Determination Agreement
As part of the City's Land Development Regulations adopted in July of 1999, Section
31-3 provided an exception from the new Code regulations for development approved
after April 1, 1996 and before adoption of the City Code and also provided for an
application process to demonstrate vested rights acquired through previous
governmental acts of approval.
Application was made, in July of 1999, for vesting of previous approvals for the
development of the Two Islands. The City made the determination on December 7,
1999 that vested rights were demonstrated to allow a maximum density of 17 units per
gross acre with transfer of density permitted between the two parcels (islands) in any
manner by the owner so long as the overall densities are not exceeded and to allow a
maximum building height of 290 feet above the lowest permissible finished floor
elevation.
3
VI. Status of Current Approvals for Development of the Second (North) Island
Administrative Site Plan Approval was issued by the City on March 18, 2008. The plans
submitted with the site plan application were reviewed using the applicable criteria of
the Land Development Regulations, including the RS2 zoning district, and the criteria of
the vested rights determination agreement. The approval was for the development of
seventeen single family homes on the second (north) island. The development did not
proceed and the approval expired on March 18, 2009.
Administrative Site Plan Approval was issued by the City on August 21, 2014. The
plans submitted with the site plan application were reviewed using the applicable
criteria of the Land Development Regulations, including the RS2 zoning district, and the
criteria of the vested rights determination agreement. The approval is for the
construction of a 15 story residential building with 160 units in two towers. One of the
conditions of this approval is that the installation of the sidewalk on the easterly side of
the south island must be completed prior to issuance of a building permit for the
multifamily development on the north island.
VII. Sidewalk Permit
On December 10, 2013, the applicants applied for a permit to construct a sidewalk on
the easterly side of the first (south) island to comply with Condition 3. of Resolution No.
98-77. After seven months of legal review of Opinions of Title and supplementary
documents submitted by the applicants, the City Attorney advised that the applicants
had shown sufficient interest of record to issue a permit for construction of the sidewalk
within the platted ten foot utility easement along the easterly side of the island. The
City issued a permit for sidewalk construction on July 17, 2014. The applicants began
installation of the sidewalk. Three homeowners requested a temporary injunction to
stop the construction. The injunction was granted by the Court. The sidewalk is
constructed along with the easterly side of the island, with the exception of those three
lots. It is City staffs and City Attorney's opinion that sidewalk construction is not yet
complete and that accordingly, a building permit may not be issued for the proposed
multifamily residential development of the second (north) island at this time.
CRITERIA FOR MODIFICATION OF CONDITION OF VARIANCE
A condition of variance may be revised through the modification criteria in Section 31-
76(h)(1) of the City Code and through the quasi-judicial procedures of the City. An
applicant who seeks relief from a variance condition has the burden of demonstrating
compliance with the Code criteria applicable to obtaining the removal of a condition that
was imposed in connection with a prior variance.
The 1998 variance request was evaluated using the criteria in Section 33-311(e)(2) of
the Miami-Dade County Code, which were:
4
1. The non-use variance maintains the basic intent and purposes of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of the
public, particularly as it affects the stability and appearance of the community and
provided that the non-use variance will be otherwise compatible with the surrounding
land uses and would not be detrimental to the community, and
2. No showing of unnecessary hardship to the land is required.
As noted in the August 12, 1998 staff report attached as Exhibit #4 to this report, the
requested non-use variance was found to meet the review standards at that time.
In order to remove Condition No. 3 of Resolution No. 98-77, the applicants must now
demonstrate compliance with these same criteria. The applicants' attorney has set out
its compliance determination in the Letter of Intent attached as Exhibit #1 to this report.
PUBLIC NOTICE OF APPLICATION
This application has been advertised in accordance with Section 31-71(e) of the City
Code. The public notice has been published in a newspaper of general circulation and
posted on the property not less than ten days prior to this hearing. A courtesy notice
has been mailed to all owners within a radius of 300 feet of the property.
5
Bilzin Sumberg
A— TJ R 1 E " S AT
'- "r.!•!7NT Stanley B. Price, Esq.
Tel 305.350.2374
Fax 305.351.2204
sprice@bilzin.com
OCT 1 ° 2014
October 16, 2014
•
Ms. Joanne Carr #1
Exhibit Director of Community Development Exh ExhI bit#1
City of Aventura
19200 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
Re: Island Estates Drive
Application for Modification of Condition of Resolution
Dear Ms. Carr:
This firm represents (1) Gary Cohen, as Trustee under that certain Trust Agreement
dated December 22, 1995 and known as Trust No. 75-LT-21; (2) Two Islands Development
Corp. ("Two Islands"); (3) Last Lot Corp. ("Last Lot"); and (4) NI Holdings, LLC ("NI Holdings"),
collectively the applicant of this requested modification ("Applicant"), as the owners of the
property ("Property") subject to the above-referenced application. Two Islands, Last Lot and NI
Holdings are also collectively referred to as "Developer". Please consider this our formal letter
of intent in connection with an application for modification of a previous condition in a
Resolution.
A. Background.
The Property consists of a private drive, known as Island Estates Drive, located as the
private drive through the island known as the South Island in Dumbfounding Bay, on the eastern
side of Williams Island, in the City of Aventura, Florida. The Property was part of Tract A, "Two
Islands in Dumbfounding Bay", as platted in Plat Book 141 at Page 66. The private drive was
replatted and consists of Tract H, and portions of Tracts A, B, C and D and Lot 1, Block 2 of
Island Estates, Plat Book 155, at Page 3. Pursuant to a Vested Rights determination by the City
and prior County Resolutions following Court Order, the Developer is authorized to construct up
to 29 stories and upwards of 400 units on the northern island. The present approved plan
awaiting a building permit is requesting 16 stories and 160 units, forty percent (40%) of the
density authorized on the north island.
B. Prior Zoning Resolution.
The City of Aventura City Commission, in September, 1998, adopted Resolution No. 98-
77 granting a non-use variance to waive the requirement for a sidewalk on both sides of the
street, to provide a sidewalk on only one side of the street (the "Resolution").
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue,23rd Floor,Miami,FL 33131-3456 Tel 305.374.7580 Fax 305.374.7593 www.bilzin.com
Joanne Carr
October 16,2014
Page 2
Condition 3 of the approving Resolution, a copy of which is attached, provided as
follows:
Applicant shall record in the Public Records of Miami-Dade County, a
covenant in form approved by the City Attorney, that states that the
developer will agree to install a sidewalk on both sides of the street on the
southernmost island (the subject property), if the second (north) island
should be developed with residential units other than single family homes.
A sidewalk has been installed on the western side of the street in an existing
Utility Easement wherein the Developer reserved rights in its recorded Homeowner's
documents (including the declaration of covenants and restrictions for Island Estates)
which run with the land to construct the sidewalk. The north island is proposed to be
developed with residential units other than single-family homes. This application seeks
to delete condition 3 of the Resolution.
A. Request
Since the time of the variance approval over 16 years ago, the southernmost island has
been replatted and developed with single family homes. The subject private drive is
approximately 24 feet wide, with 2 travel lanes, one eastbound and one westbound, each
approximately 12 feet wide. The private drive incorporates a roundabout, which further serves
as a traffic buffer.
The width of Tract H varies slightly throughout up to approximately 12.5 feet. As noted
above, a sidewalk was constructed on the west side of Island Estates Drive as provided for in
the original variance application.
The Applicant is now in the process of developing the north island with residential
development that consists of other than single- family homes. Condition 3 of the Resolution
provides that the "developer" will agree to install a sidewalk on both sides of the street on the
southernmost island. This condition was imposed by a City Commissioner at the public hearing
and not as a condition of the City's professional staff.
As noted above, the private drive ranges between approximately 10 and 12 feet wide on
each side, with a sidewalk already located on the north side. The remainder of the property that
was subject to the Resolution has been platted under Plat Book 155 at Page 3 of the Public
Records of Miami-Dade County and includes single family homes and a marina. In order to
develop a sidewalk on the east side, because the original property has already been platted,
and the remainder of the properties are owned by individuals or entities other than the
Developer or the owner of the private drive, the only location for the sidewalk within the
Applicant's or Developer's control is within the eastern side of the private drive. A sidewalk
within the private drive would significantly reduce the travel lanes from 10 and 12 feet to
approximately 8 to 10 feet. The reduced travel lanes would not meet the City of Aventura's
code. Therefore, in the alternative, in the event the City determines the sidewalk should be
placed within the private drive, please consider this an application for a variance to allow
reduced travel lane widths.
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Joanne Carr
October 16, 2014
Page 3
•
In addition, the reservation of rights contained with the recorded Homeowner documents
provides the Developer the right to place a sidewalk within the east utility easement. Recently,
a Circuit Court Judge has entered a preliminary Injunction against the Applicant which acts as a
bar to completing the construction of the sidewalk within the reserved utility easement in three of
the lots on the eastern side of the private roadway. It is important to note that several of the
individual lot owners on the east side have initiated an action in Circuit Court to prevent the
construction of the sidewalk within the utility easement, thus leaving only the private drive within
which the sidewalk can be constructed.
When the plat for the Southern island was approved, other than the utility easement, the
City did not require any additional easements, reservations, or dedications from the Developer
or Owner for the construction of a future sidewalk. We posit that since the sidewalk on the west
side of the Island was constructed and approved within the existing utility easement, both the
City Administration and the Developer correctly assumed that the existing utility easement on
the east side of the South Island could also be used for a sidewalk. Based upon the existing
Temporary Injunction, the completion of the construction of a sidewalk within the reserved
easement area in the three of the lots on the east side of the South Island has ceased and the
Temporary Injunction has been appealed to the Third District Court of Appeals.
The reduction in travel lanes would not be beneficial to the community, and would
represent a decrease rather than an increase in safety. Further, because the Applicant and
Developer do not own the additional land south of the private drive and do not have eminent
domain authority, the acquisition of additional property to accommodate the sidewalk elsewhere
is not feasible or within the Applicant's control. Therefore, we respectfully request modification
of the Resolution 98-77 to eliminate Condition 3.
D. Standard
Section 31-76(h) of the City Code governs amendments and alterations to approved
variances. The deletion of the condition is evaluated under subsection (2), regarding minor
changes in the site plan or design details of an approved variance. The deletion of the condition
represents a minor change in that the approved site plan for the southern island, to the extent it
constitutes a modification, is minor in that the plan for the southern island was approved
administratively and the subject sidewalk is not shown or detailed on the site plan. The
proposed deletion is consistent with the City code in that the deletion of the condition will not
result in additional external impacts.
Further, numerous other developments within the City are constructed with sidewalks
only on one side of the street. Aventura Lakes contains in excess of 400 residential units, more
than twice as much as the combined development on both islands, and does not have
sidewalks on both sides. Similarly, in the immediate vicinity, neither Lincoln Pointe, nor the
Williams Island development which contains far in excess of 10 times the number of units as
being proposed within the two islands, contain sidewalks on both sides of the street. We
understand that Williams Island Boulevard was a private road dedicated to the City in the late
1990s. The City modified the roadway and constructed a sidewalk on one side of the road and
utilized a center landscape strip rather than a sidewalk on the other side of the road. Therefore,
a sidewalk on one side of the street rather than the other is the norm rather than the exception
in this area of the City.
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Joanne Carr
October 16, 2014
Page 4
It is also important to note that at the time the City granted the non-use variance, the City
was governed by the County code on non-use variances which requires a showing that the non-
use variance maintains the basic intent and purpose of the zoning regulations and that the
variance will be compatible with the surrounding land uses and not detrimental to the
community. Even if the variance were expanded, which it is not, Subsection 31-76(h)(1) of the
City Code provides that the review and approval is subject to the same standards as the original
approval of the variance, which in this case is the compatibility standard. The developments are
extensions of the William Islands area which similarly does not have sidewalks on both sides of
the streets.
Finally, even if the hardship standard were applied, which we do not concede, the
Applicant remains willing to construct the sidewalk within the utility easement as contemplated
by the City. Pursuant to the recent judicial order, subject to further review, the court determined
that the Developer is enjoined from completing construction of the sidewalk within the reserved
utility easement in three of the lots on the east side of the South Island. Therefore, the subject
property is unique and distinguished from other properties in the area, the conditions of the
private drive are not applicable to other property within the vicinity, the hardship is not economic
in that the Applicant does not have eminent domain authority and is willing to fund and install
the sidewalk in the easement; the granting of the variance will not be detrimental to the public
welfare in that a sidewalk exists on the northern side of the street which is more than ample for
the 22 residential homes on the drive; and the proposed variance will not substantially increase
the congestion in the public streets or increase the danger of fire or endanger the public safety
or substantially diminish or impair property values within the vicinity. Island Estates Drive is a
private, not a public street, and the absence of the sidewalk on the eastern side of the street is
the status quo and thus does not diminish or impair current property values.
Based on the foregoing, we respectfully request the City's favorable recommendation for
deletion of condition 3 of the Resolution.
Should you have any questions regarding the above or require additional information,
please do not hesitate to contact me at 305-350-2374.
Respectfully yours,
StanleyB. Price
SBP:wp
Enclosure
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
BROWARD COUNTY I `
■Sr_U�S�Ir_1Mali/MN1791're117'I. VI'r7ti1TI J 'o.i
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, C .,nag
BY: Brenda Kelley, I rim C. nity Development Direct96Vit
DATE: August 12, 1998
SUBJECT: Request of Two Islands Development Corp. for a non-use variance to
waive the requirement for a sidewalk on both sides of a street. (Provision
of sidewalk on one side of a street is proposed.)
(08-VAR-98)
September 1, 1998 City Commission Meeting Agenda Item Z.C.
RECOMMENDATION
It is recommended that the request for the non-use variance be granted with conditions
as outlined herein.
THE REQUEST
The applicant, Two Islands Development Corp., is requesting a non-use variance to
waive the requirement for a sidewalk on both sides of a street. The applicant proposes
to construct a sidewalk on only one (1) side of a street within the development known
as "Island Estates". (See Exhibit#1 for Letter of Intent.)
BACKGROUND
OWNER OF PROPERTY: Two Islands Development Corp.
LOCATION OF PROPERTY: east of Williams Island on the southernmost
island in Dumfoundling Bay (See Exhibit#2 for
Location Map)
Exhibit#3
01-MRC-15
LEGAL DESCRIPTION: Tract "A", "Two Islands in Dumfoundling Bay",
according to the Plat thereof, as recorded in
Plat Book 141, at Page 66, of the Public
Records of Dade County, Florida.
SIZE OF PROPERTY: approximately 14.07 acres
EXISTING ZONING: RU-4, High Density Apartment House District
FUTURE LAND USE DESIGNATION: Medium-High Density Residential - up to 60
dwelling units per acre
EXISITNG USE: vacant
Surrounding Properties - The subject property is surrounded on all sides by
Dumfoundling Bay. The closest neighboring property, Williams Island, is to the west
and is designated RU-4A, Hotel Apartment House District.
The Site - The subject property is located just east of Williams Island on the
southernmost island in Dumfoundling Bay (see Exhibit 2 for Location Map).
The Project- The applicant proposes to construct twenty-two (22) zero lot line single
family homes. The homes will front on a single street traversing the island. The
proposed density of the project is 3.61 units per acre with an average lot size of 12,328
sq. ft. A private marina is located at the northern end of the island and will be
maintained as an ancillary use to the development.
The City approved the Tentative Plat for the project on June 29, 1998.
Background - The owner of the Two Islands received vested development rights with
the Declaration of Restrictions accepted by Miami-Dade County Zoning Resolution No.
Z-47-80. The Declaration of Restrictions allows the applicant to assume a density of up
to 17 units per gross acre, or 239 units on the south island alone. The Declaration of
Restrictions also permits the applicant to build up to a maximum height of 290 feet.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the Miami-Dade County Comprehensive Development Master Plan.
Citizen Comments - The Community Development Department has not received any
written comments regarding this application.
2
Review by Other Agencies:
DERM— DERM has reviewed the subject application and has determined that it meets
the minimum requirements of Chapter 24 of the Code of Miami-Dade County, Florida.
Additionally, DERM has evaluated the request insofar as the general environmental
impact that may derive from it and after reviewing the available information offers no
objection to its approval.
Review by City Departments:
Landscape Architect - The City's Landscape Architect has approved the landscape
plan for the common areas of the development. The applicant is required to submit to
the Landscape Architect for his review and approval a landscape plan for each
individual lot at the time building permits are requested.
Review by City Departments - All comments by other departments have been
addressed by the applicant.
Community Development Department Analysis - The Community Development
Department is supportive of this project.
Criteria
The guidelines for approval of non-use variances as required by Miami-Dade County
Code Section 33-311(e)(2) requires:
1. The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
The request to waive the sidewalk on the south side of the street would not
compromise the general welfare of the community. A sidewalk is to be provided
along the north side of the street and provide a continuous link between both ends
of the island. The project does not lend itself to heavy pedestrian activity, as single
family homes are proposed for both of the islands. One sidewalk should be
adequate for the residents of the community.
The non-use variance request will not adversely affect the appearance of the
community. Landscape material will be provided along the south side of the street
in place of the sidewalk.
2. No showing of unnecessary hardship to the land is required.
3
CONDITIONS
It is recommended that the request for the non-use variance be granted subject to the
following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
• "Island Estates" Site Plan, Sheet No. S-1, prepared by Ford, Armenteros &
Manucy, Inc., revised dated 07-29-98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void and the applicant
shall be required to reinstate the approval process unless the term is extended by a
motion of the City Commission prior to its expiration.
4
CONDITIONS
It is recommended that the request for the non-use variance be granted subject to the
following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
• "Island Estates" Site Plan, Sheet No. S-1, prepared by Ford, Armenteros &
Manucy, Inc., revised dated 07-29-98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approvals granted shall be deemed null and void and the applicant
shall be required to reinstate the approval process unless the term is extended by a
motion of the City Commission prior to its expiration.
4
RESOLUTION NO. 98-77
A RESOLU ION OF THE CITY COMMISSION OF THE
CITY OF A ENTURA, FLORIDA, GRANTING A NON-USE
VARIANCE 0 PERMIT A SIDEWALK ON ONLY ONE (1)
SIDE OF A STREET FOR PROPERTY LOCATED EAST
OF WILL MS ISLAND ON THE SOUTHERNMOST
ISLAND IN DUMFOUNDLING BAY, TO TWO ISLANDS
DEVELOP NT CORP.; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the roperty described herein is zoned RU-4, High Density
Apartment House District;
WHEREAS, the Asplicant, Two Islands Development Corp., through Application
No. 08-VAR-98, is requ; sting a non-use variance to waive the requirement for a
sidewalk on both sides of a street to provide a sidewalk on only one side of a street on
that certain property described as Tract "A", Two Islands in Dumfoundling Bay",
according to the Plat the -of, as recorded in Plat Book 141, at Page 66, of the Public
Records of Dade County, lorida; and
WHEREAS, the Ci Commission has held a public hearing as provided by law;
and
WHEREAS, the C Commission finds that the Application meets the criteria of
the applicable codes and .rdinances, to the extent the application is granted herein.
NOW, THEREFO-E, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, F ORIDA, THAT:
Section 1. Appli .tion Number 08-VAR-98 for a non-use variance on property
legally described as:
Tract "A", "Two slands in Dumfoundling Bay", according to the Plat
thereof, as recur' -• in Plat Book 141, Page 66, of the Public Records of
Dade County, Flo 'da
Exhibit#4
01-MRC-15
Resolution No. 98-77
Page 2
a.k.a.
"Island Estates"
is hereby granted subject • the following conditions:
STANDARD CONDITON
1. Plans shall substantiall, comply with those submitted as follows:
• "Island Estates" Site Plan, Sheet No. S-1, prepared by Ford, Armenteros &
Manucy, Inc., ised dated 07-29-98.
2. Applicant shall obtain •uilding permits within 12 months of the date of this Resolution
or the approvals grant-d shall be deemed null and void and the applicant shall be
required to reinstate t e approval process unless the term is extended by a motion
of the City Commissio prior to its expiration.
3. Applicant shall record n the public records of Miami-Dade County, a covenant in a
form approved by the ity Attorney, that states that the developer will agree to install
a sidewalk on both -. des of the street on the southernmost island (the subject
property), if the seco d (north) island should be developed with residential units
other than single-famil homes.
Section 2. The l ity Manager is authorized to cause the issuance of permits in
accordance with the ap•royals and conditions herein provided and to indicate such
approvals and conditions pon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Beskin, who moved its
adoption. The motion w-s seconded by Commissioner Rogers-Libert, and upon being
put to vote, the vote was s follows:
Resolution No. 98-77
Page 3
Commissioner Arthur Berger yes
Commissioner Jay R. Beskin yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Ken Cohen yes
Mayor Arthur I. Snyder *es
PASSED AND ADOPTED this 1st day of September, 1998.
Arthur I. Snyder, Ma .r
ATTEST:
jfiOJAQ
Teresa M. Smith, CMC, Citrr Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City At mey
This Resolution was filed in the Office of the City Clerk this 3 day of September,
1998.
Jutioa 4
CITY CLERK
ev `'p.t. APPLICANT REPRESENTATIVE AFFIDAVIT
f'?'r a/,Ti t.`44:
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:
Relationship(i.e.Attorneys,Architects,Landscape Architects,
Name Engineers,Lobbyists,Etc.)
Stanley B. Price Attorney
Brian S.Adler Attorney
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE
AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE
OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS
AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE,
IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE
INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS I
it
DAY OF OCTOBER,2014.
OWNER:
By: -�..
ArliT Name: i�t IQ• ua.
ary Cohen,as rustee under that certain Trust
Agreement dated December 22, 1995 and known as Trust
No.75-LT-21
Address: 2750 NE 185 Street,Suite 301
Aventura,FL 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Before me the undersigned authority personally appeared Gary Cohen,as Trustee,the auth In ed pre•entative of the Applicant and/or the
owner of the property subject to the application,who being first by me duly sworn,did swear'•rtaffi'16, th- he/she executed this Affidavit for the
purposes stated therein and that it is true and correct. I
I/
r .
Gary Cohen, -. ustee under that certain Trust
Agree nt21
t dal-•. December 22, 1995 and known as Trust
d
SWORN TO AND SUBSCRIBED BEFORE ME this ' day of October,2014. No.7 LT-' _ d
0 lb
iiiimak
- •ubivii'• •ridaAtL •-
ed Name of Notary i )
My commission expires: (ct ? 1 ID
NOTARY PUBLIC-STATE OF FLORIDA
▪ Zayda Camila Osorio
i Commission#EE058506
• Expires: JAN.25,2015
BONDED TIER':ATLANTIC BOXDLNG co.,INC.
MIAMI 3527198.4 80328/42268 11
ii F 7
OWNER: ,.
/
,
Name: � ig urm)
By: -
G Cohen,as lesident and Secretary of Two Islands
Development Corp.,a Florida corporation
Address: 2750 NE 185 Street,Suite 301
Aventura,FL 33180
STATE OF FLORIDA ) 4
COUNTY OF MIAMI-DADE )
Before me the undersigned authority personally appeared Gary Cohen,as President and Secretary f f w Isla s Development Corporation,
a Florida corporation,the authorized representative of the Applicant and/or the owner of the prope s bj t t he application,who being first
by me duly sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated the 'n a t it is true and correct. f
i ✓� Cit,'e„1
AFFIANT _._—V /
SWORN TO AND SUBSCRIBED BEFORE ME this day of October,2014.
O viiieji
. CI CA Q . V,50 W
'otary 'i•lic State of Florida At Lar
,Tx. ►s_
-rinted Name of Notary
My commission expires: , . . .:
. Zayda Camila Osoria
t i Commission#EE058506
t ••. Expires: JAN.25,2015
,1 BONDED THRI•:1•r;:ANTIC r1;7N•I:ING CO,LNC.
OWNER: ' /
1, l0 ;T
.
By:
Signs ir eta.
Name:
Gary Cohen,as Pre-;'•ent of Last Lot Corp.,a Florida
corporation
Address: 2750 NE 185 Street,Suite 301
Aventura,FL 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
'
Before me the undersigned authority personally appeared Gary Cohen,as President of Last Lot Corp. a FIB rid corporation,the authorized
representative of the Applicant and/or the owner of the property subject to the application,who being rat b m duly sworn,did swear or
affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. X ' P
!' �.,..
AFFI X
SWORN TO AND SUBSCRIBED BEFORE ME this I ,day of October,2014. �0""-- ■
t di
Notary Pu tat- •f Fl a At Large
a.A-(dc1 a . Q50k=W
rinte ..-me of Notary , j� �-� 15`
ommission expires:
NOTARY PUBLIC-STATE OF FLORIDA
Zayda Camila Osorio
•,;, ?
AUTHORIZED REPRESENTATIVE OF APPLICANT: OWNER:
By By: ,1►��.
(Signature) e (Signet
Name: Name: / . , _ .4
(Print) Ga Cohen,as Maria. ng Member of NI Holdings,
LLC,a Florida limited ability company
Address: Address: 2750 NE 185 Street,Suite 301
Aventura,FL 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Before me the undersigned authority personally appeared Gary Cohen,as Managing Member Of NI!Ho dings,LLC,a Florida limited liability
company,the authorized representative of the Applicant and/or the owner of the property su jet tfi th application,who being first by me duly
sworn,did swear or affirm that he/she executed this Affidavit for the purposes stated therein tat itI is true and corre t. J
AFFI° i'
SWORN TO AND SUBSCRIBED BEFORE ME this C� day of October,2014.
_ �► l G� . C�S01Zi,U
��No ubli- - - of Florida�•t •rge1 I
�jj
C Pr'• Name of Notary
My commission expires:YOT, .P[.BL.L 'ATP OF�ORIDA
Zayda Camila Osorio
'•,;, 'Commission#EE058506
Expires: JAN.25,2015
BONDED TNF'_' n\TL i'ir Rr�'DC :CO,I?`C
MIAMI 3527198.4 80328/42268 13
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):
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented.
[ ] 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;
[ ] 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;
[ ] 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 THISN DAY OF QC 1 •,2014.
APPLICANT REPRESENTATIV
By: (Signature)
Name: Stanley B. Pri (Print)
Title: (Print)
WITNESS MY HAND THIS_DAY OF ,2014.
PROPERTY OWNER:
By: (Signature)
Name: (Print)
Title: (Print)
*The terms"Business Relationship,""Client""Customer,"'Applicant, ""Representative"and"Interested Person"are defined in Section 2-395
of the Aventura City Code.
MIAMI 3527198.4 80328/42268 14
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):
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented.
[ ] 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;
Member of City Commission or Board is a partner, co-shareholder(as to shares of a corporation which are
not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative
in any business venture;
I 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;
[ ] 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 L'�""' , 1014.
APPLICANT REPRESENTATIVE:
By: (Signature)
Name: Brian S.-Adler (Print)
Title: (Print)
WITNESS MY HAND THIS DAY OF ,2014.
PROPERTY OWNER:
By: (Signature)
Name: (Print)
Title: (Print)
*The terms"Business Relationship,""Client""Customer,"'Applicant, ""Representative"and"Interested Person"are defined in Section 2-395
of the Aventura City Code.
MIAMI 3527198.4 80328/42268 15
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):
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented.
[ ] 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;
[ ] 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;
[ ] 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(PYIAND THIS ii DAY OF OCTOBER,2014.
PROPERTY OWNER ANp APPLICANT:
1 , h
By: � `' (Signature)
Name: Gary CO en as (Print)
jT ustee Tinder that certain Trust
greement dated December 22, 1995
and known as Trust No.75-LT-21 (Print)
WITNESS M,HA D THIdti DAY OF OCTOBER,2014.
PROPERTY .W ERA D APPLICANT:
By: (Signature)
Name: Gary •+hen (Print)
Title: F.resid t and Secretary of Two Islands
;Development Corp.,a Florida
✓ corporation (Print)
MIAMI 3527198.4 80328/42268 16
t!f.
WITNESS MY HAND THIS_DAY OF OCTOBER,2014.
PROPERTY OfNER ND APPLICANT
By 1 . .k. t;` (Signature)
Name: Gary Co n (Print)
Title: F}.fesidenof Last Lot Corporation,
a Florida corporation (Print)
I
! 1r
WITNESS M' A a T IS_DAY OF OCTOBER,2014.
is
By: (Signature)
Name: Gary .hen (Print)
Title: ana iing Member of NI Holdings,
LC, - Florida limited liability company (Print)
WITNESS MY HAND THIS 1!DAY OF OCTOBER,2014.
`The terms "Business Relationship,""Client""Customer,"'Applicant, ""Representative"and"Interested Person"are defined in Section 2-395
of the Aventura City Code.
MIAMI 3527198.4 80328/42268 17
Q
WITNESS MY HAND THIS I IDAY OF 0 . 2014.
REPRESENTATIVE (Listed •• s - iness Relationship Affidavit):
By: Cb■ ` ' (Signature) By: (Signature)
Name: Stanley B 'r. e (Print) Name: (Print)
Title: (Print) Title: (Print)
By:...._2--- (Signature) By: (Signature)
Name: Brian S. Ad (Print) Name: (Print)
Title: (Print) Title: (Print)
By: _ (Signature) By: (Signature)
Name: Gary Cohen (Print) Name: (Print)
Title: Trustee under that certain Trust Title: (Print)
Agreement dated December 22,
1995 and known as Trust No.
75-LT-21 (Print)
By: (Signature) By: (Signature)
Name: Gary Cohen (Print) Name: (Print)
Title: President and Secretary of Two Islands Title: (Print)
Development Corp. (Print)
By: (Signature) By: (Signature)
Name: Gary Cohen (Print) Name: (Print)
Title: President of Last Lot Corp. (Print) Title: (Print)
By: (Signature) By: (Signature)
Name: Gary Cohen (Print) Name: (Print)
Title: Managing Member of NI Holdings, Title: (Print)
LLC (Print)
By: (Signature) By: (Signature)
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies.
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 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.
MIAMI 3527198.4 80328/42268 20
NOTARIZATION PROVISION
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Before me,the undersigned authority, personally appeared Stanley B. Price,the Affiant,who being first by m- a ly sworn,did swear or affirm
that he/she executed this Affidavit for the purposes stated therein and that it is trued orrect.
SWORN TO AND SUBSCRIBED before me this 14day of 04 ,2014 AFFIAN MA 0
oxY PU
M316 DWZ
t°:'•'•°%.* MYGO,MIISSION*F I is Sta kif Florida At Large"
* EXPIRES:May 24 18 • i 5 12r
ey�,E' �t'� BadedrTM oudget fifi% Name of Notary
commission expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Before me, the undersigned authority, personally appeared Brian S. Adler, the Affiant, who being first by me d orn, did swear or affirm
that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. •lam
■�(( AFFIANT
SWORN TO AND SUBSCRIBED before me this j`i`day of C 2014
01�,NY PU Notary Public Sta of Florida . Lar
..•�4iE IBIS DIAZ ry 9
* MY COMMISSION t FF 111�ra s '.�2-
EXPIRES:May24,¢jjigted Name of Notary
`1>i,e0FFvde Bonded T umotNotxyMDFi&5'mmission expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Before me,the undersigned authority, personally appeared Gary Cohen as Trustee as Trustee under that certain Trust Agreement
dated December 22, 1995 and known as Trust No.75-LT-21,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 ,2014
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Before me,the undersigned authority,personally appeared Gary Cohen as President and Secretary of Two Islands Development Corporation,
a Florida corporation,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 ,2014
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
MIAMI 3527198.4 80328/42268 18
WITNESS MY HAND THIS 14 DAY OF f bt 2. , 2014.
REPRESENTATIVE (Listed on Business Relationship Affidavit):
By: (Signature) By: (Signature)
Name: Stanley B. Price (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature)
Name: Brian 8. ' •ler (Print) Name: (Print)
Title: ...-T� (Print) Title: (Print)
By: (Signature) By: (Signature)
Name: Gary C. en (Print) Name: (Print)
Title: Yust e nder that certain Trust Title: (Print)
Agreement dated December 22,
1995 a • known as Trust No.
75-LT- 1, �� (Print)
'
By: j1) /,-- (Signature) By: (Signature)
Name: Gary C e; (Print) Name: (Print)
Title: Pres. ent .nd Secretary of Two Islands Title: (Print)
Develop e t rp. (Print)
i
By: �� (Signature) By: (Signature)
Name: Gary;4e (Print) Name: (Print)
Title: Prest ; Lett Lot Corp. (Print) Title: (Print)
;i
By: h .% (Signature) By: (Signature)
Name: Gary gbh; (Print) Name: (Print)
Title: Mging ember of NI Holdings, Title: (Print)
L (Print)
By: (Signature) By: (Signature)
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies.
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 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.
MIAMI 3527198.4 80328/42268 20
NOTARIZATION PROVISION
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Before me,the undersigned authority, personally appeared Stanley B. Price,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 ,2014
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Before me, the undersigned authority, personally appeared Brian S. Adler, 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 ,2014
Notary Public State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Before me,the undersigned authority, personally appeared Gary Cohen as Trustee as Tr e,j nd r that certain Trust Agreement
dated December 22, 1995 and known as Trust No. 75-LT-21,the Affiant,who being first . I 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 thisk(1 day of Ocr ,2014 ,
Not-• VI!- I. id- AtL•r e
9
'nn e• Name of No ary i S l
My commission expires: NOTARY PL'BI it.STATE OF IlORIDA
Commrs i,#EE058506
J
•'Expires: AN.25,2015
STATE OF FLORIDA ) BONDED rr Rr.; r T)NG cc plc
COUNTY OF MIAMI-DADE ) % 5
Before me,the undersigned authority,personally appeared Gary Cohen as President and Secretary cif T*o Islands Development Corporation,
a Florida corporation, 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. E,
�f�Y r
AFFIANT
�
SWORN TO AND SUBSCRIBED before me this V-( W
day of I ,2014 41111b`
Nota• Trot Florin At L- •e
Printe• lame of Notary
My commission expires: t i J'I Ca
NOTARY PUBLIC-STATE OF FLORIDA
- Zavda Camila Osorio
-.RI Commission#EE05850F
MIAMI 3527198.4 80328/42268 18 `••. ,," Expires: JAN.25,2n?
BONDED THRC.ATLANTIC BONDING r'.
STATE OF FLORIDA ) �
COUNTY OF MIAMI-DADE ) "�i
Before me,the undersigned authority,personally appeared Gary Cohen,as President of Last Lot Cbrr.,iai Florida corporation,the Affiant,who
being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purp4 sea state/ therein and that it is true and
correct.
'' tib 9
F I7 )
AFFIANT �.- 41
SWORN TO AND SUBSCRIBED before me this1 ( day of OCT ,2014 it..—WiliPr
Nota _ 70aatAt La ge
• , !•
Pn . 'ame of No s�My commission expPt'Bi 1��T,�1 OF FI O�DA
is Zayda Camila Osorio
'.,,-'„ Commission #EE058506
Expires. J,°N.25,2015
STATE OF FLORIDA BONDED TxR'AT?"+.`'7?C RC',DI C,Co Mc
COUNTY OF MIAMI-DADE ) 1'
Before me, the undersigned authority, personally appeared Gary Cohen, as Managing Member of■NlHoldings LLC, a Florida limited liability
company, 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 - A OP
SWORN TO AND SUBSCRIBED before me this q_day of (�a ,2014 �' -`
• . Publ'• to lorida_At Large C OSOUA
Printed Name of Notary 7'`r'��,��C1I r
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BONDED TER L'ATLANTIC BONDING CO,INC.
MIAMI 3527198.4 80328/42268 19
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA CONCERNING A REQUEST TO AMEND
RESOLUTION NO. 98-77 TO REMOVE CONDITION 3. THEREBY
DELETING THE REQUIREMENT FOR A SIDEWALK ON BOTH SIDES
OF THE STREET UNDER CERTAIN CIRCUMSTANCES, FOR
PROPERTY LOCATED EAST OF WILLIAMS ISLAND ON THE
SOUTHERNMOST ISLAND IN DUMFOUNDLING BAY KNOWN AS
"ISLAND ESTATES", CITY OF AVENTURA MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Two Islands Development Corp. was granted variance approval by
Resolution No. 98-77 adopted by the City Commission of the City of Aventura on
September 1, 1998, subject to certain conditions; and
WHEREAS, Condition 3. of Resolution No. 98-77 states that the applicant will
agree to install a sidewalk on both sides of the street on the southernmost island if the
second island should be developed with residential units other than single family
homes; and
WHEREAS, the second island is now proposed for multifamily development; and
WHEREAS, the applicants, Gary Cohen, Trustee, Two Islands Development
Corp., NI Holdings LLC and Last Lot Corp. are requesting, through Application 01-
MRC-15, removal of Condition 3. of Resolution No. 98-77 thereby deleting the
requirement for a sidewalk on both sides of the street under certain circumstances; and
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets/does not meet
the criteria of the applicable codes and ordinances, to the extent the Application is
granted/denied herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2014-
Page 2
Section 1. The applicants' request to remove Condition 3. of Resolution No. 98-
77 is hereby approved/denied.
Section 2. The City Manager is authorized to cause the issuance or denial of
permits in accordance with approvals/denials and conditions herein provided and to
indicate such approvals/denials and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
Section 4. Issuance of this development order by the City of Aventura does not
in any way create any right on the part of an applicant to obtain a permit from a state or
federal agency and does not create any liability on the part of the City of Aventura for
issuance of the development order if the applicant fails to obtain requisite approvals or
fulfill the obligations imposed by a state or federal agency or undertakes actions that
result in a violation of state or federal law. All applicable state and federal permits must
be obtained before commencement of the development. This condition is included
pursuant to Section 166.033, Florida Statutes, as amended.
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 Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
Resolution No. 2014-
Page 3
PASSED AND ADOPTED this 12th day of November, 2014.
MAYOR ENID WEISMAN
ATTEST:
ELLISA L. HORVATH, 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,
2014.
ELLISA L. HORVATH, MMC
CITY CLERK
Resolution No. 2014-
Page 4
EXHIBIT "A"
LEGAL DESCRIPTION
Tract A, B, C, D and H and Lot 1, Block 2, Island Estates, according to the plat thereof,
as recorded in Plat Book 155, Page 3, of the Public Records of Miami-Dade County,
Florida.
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City Manager
BY: rian K. Raducci, Finance Director
DATE: November 3, 2014
SUBJECT: End of Year Budget Amending Ordinance — FY 2013/14
1st Reading November 12, 2014 City Commission Meeting Agenda Item 8
2"d Reading January 6, 2015 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance amending
the FY 2013/14 budget.
BACKGROUND
As it does this time of year, the Finance Department is preparing the City's financial
records for the FY 2013/14 year-end audit. Now that most of our year-end adjustments
have been made, we have the information needed to formally amend the FY 2013/14
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 of our actual expenditures.
In order to comply with Section 166.241 (4) of the Florida Statutes, the related
ordinance will appear on the November 2014 and January 2015 agendas. Although this
Section requires all budget amendments be made "within 60 days following the end of
the fiscal year," the second reading of the ordinance (consistent with past practice) will not
occur until January 2015 as there is no December meeting. The ordinance will however
appear on first reading prior to the November 29, 2014 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 expenditure accounts that are primarily
responsible for the amendment. In some cases, associated revenues may be increased
to justify the overage in expenditures as described above. Listed below is a summary of
the amendments for the City's General Fund, by department and the Police Offduty
Services Fund and the circumstances that support each recommendation.
1
General Fund — (001) — ($862,000 net increase)
Legal (0601) — ($25,000 increase)
3120 — Prof. Services - Legal
Requires a $25,000 budget amendment due to Legal fees primarily related to the
ongoing Williams Island POA litigation. This overage will be offset by $25,000 in
additional Half Cent Sales Tax revenue (3351800).
City Clerk (0801) — ($12,000 increase)
1201 — Employee Salaries
Requires an $8,000 budget amendment due to a higher than budgeted bonus approved
by the City Commission to the City Clerk.
4740 — Ordinance Codification
Requires a $1,900 budget amendment primarily due to higher than anticipated costs
related to the codification of ordinances.
4911 — Legal Advertising
Requires a $2,100 budget amendment primarily due to higher than anticipated legal
advertising costs pertaining to an increase in development activity.
All three (3) overages above will be offset by $12,000 in additional Half Cent Sales Tax
revenue (3351800).
Community.Development (4001) — ($600,000 increase)
3101 — Building Inspection Services
Requires a $536,000 budget amendment due to higher than anticipated building activity
experienced during the year which will be offset by $536,000 in additional Building
Permit revenue (3221000)
3190 — Prof. Services
Requires a budget amendment of $64,000 due to higher than anticipated planning
review and landscape consultant services activity experienced during the year which will
be offset by $64,000 in additional Development Review Fees (3425000) paid by
development applicants.
2
Community Services (5001) — ($125,000 increase)
3451 — Beautification/Signage
Requires a $32,000 budget amendment due to add on repairs and painting related to
street furniture as well as the purchase of banner arms and related hardware.
4620 — R&M Buildings
Requires a $21,000 budget amendment primarily due to unanticipated repairs and the
replacement of HVAC units at the Community Recreation Center.
Both overages above will be offset by $53,000 in additional Half Cent Sales Tax
revenue (3351800).
4854 — Summer Recreation
Requires a $72,000 budget amendment primarily due to the higher than anticipated
participation in the Summer Recreation Program this year which will be offset by
$72,000 in additional Summer Recreation revenue (3475000).
Non-Departmental— Transfer($100,000 increase)
9118— Transfer to Charter School Fund
Requires a $100,000 budget amendment for the transfer of funds to the Charter School
Fund that resulted from the sale of City land and which was previously approved by the
City Commission. This expenditure was offset by $100,000 in proceeds that resulted
from the Sale of Asset [Land] (3644200).
Police Offduty Services Fund — (620) — ($50,000 net increase)
1420 — Extra Duty Detail
Requires a $50,000 budget amendment due to higher than anticipated Extra Duty
Details that will be offset by $50,000 in additional Police Detail Billing (3421000).
The budget amendments outlined above, are expected to have little to no impact on the
FY 2013/14 overall budget or carryover amount that was utilized in the preparation of
the FY 2014/15 budget. Based on this analysis, I recommend approval of the attached
Ordinance.
3
ORDINANCE NO. 2014-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2013-09 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2013/2014 FISCAL YEAR BY REVISING THE
2013/2014 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 2013/2014 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. 2013-09, which Ordinance adopted a budget for the 2013/2014 fiscal
year, by revising the 2013/2014 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. 2014-
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, 2013.
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 Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on second reading. This motion was seconded by Commissioner ,
and upon being put to a vote, the vote was as follows:
Commissioner Enbar Cohen
Commissioner Teri Holzberg
Commissioner Denise Landman
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
Mayor Enid Weisman
PASSED AND ADOPTED on first reading this 12th day of November, 2014.
2
Ordinance No. 2014-
Page 3
PASSED AND ADOPTED on second reading this day of January, 2015.
ATTEST: MAYOR ENID WEISMAN
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
GENERAL FUND 001
FY 2013/14 BUDGET AMENDMENT
REVENUES
Y e 3 k .. d .' 'Ai t Y M ,{ ' -
3221000 Building Permits $ 1,450,000 $ 536,000 $ 1,986,000
3351800 Half Cent Sales Tax 2,300,000 90,000 2,390,000
3425000 Development Review Fees 90,000 64,000 154,000
3475000 Summer Recreation 450,000 72,000 522,000
3644200 Sale of Assets 10,000 100,000 110,000
Total Revenue $ 4,300,000 $ 862,000 $ 5,162,000
TOTAL AMENDMENTS-REVENUE $ 862,000
EXPENDITURES
s, v'5'If', x s p m . . ft"�d
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LEGAL(0601)
CONTRACTUAL SERVICES
3120 Prof.Services-Legal $ 265,000 $ 25,000 $ 290,000
Total Legal $ 265,000 $ 25,000 $ 290,000
CITY CLERK(0801)
PERSONAL SERVICES
1201 Employee Salaries $ 172,659 $ 8,000 $ 180,659
OTHER CHARGES&SERVICES
4740 Ordinance Codification 2,000 1,900 3,900
4911 Legal Advertising 25,000 2,100 27,100
Total City Clerk $ 199,659 $ 12,000 $ 211,659
COMMUNITY DEVELOPMENT(4001)
CONTRACTUAL SERVICES
3101 Building Inspection Services $ 1,000,000 $ 536,000 $ 1,536,000
3190 Prof.Services 35,000 64,000 99,000
Total Community Development $ 1,035,000 $ 600,000 $ 1,635,000
COMMUNITY SERVICES(5001)
CONTRACTUAL SERVICES
3451 Beautification/Signage $ 70,000 $ 32,000 $ 102,000
OTHER CHARGES&SERVICES
4620 R&M-Buildings 60,000 21,000 81,000
4854 Summer Recreation 310,000 72,000 382,000
Total Community Services $ 440,000 $ 125,000 $ 565,000
NON-DEPARTMENTAL-TRANSFERS(9001)
TRANSFERS
9118 Transfer to Charter School Fund $ 100,000 $ 100,000 $ 200,000
Total Non-Departmental Transfers $ 100,000 $ 100,000 $ 200,000
TOTAL AMENDMENTS-EXPENDITURES $ 862,000
CITY OF AVENTURA
POUCE OFFDUTY SERVICES FUND 620
FY 2013/14 BUDGET AMENDMENT
REVENUES
a" r kw°b*'s.`,' -3 .r. i41'. h. P' },..•.# a*"`} x+ x
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Charges for Services
3421100 Police Detail Billing $ 225,000 $ 50,000 $ 275,000
Total Revenue $ 225,000 $ 50,000 $ 275,000
TOTAL AMENDMENTS-REVENUE $ 50,000
EXPENDITURES
" °Y' .%w ¢et aw .- -,. i ' #- >F #y�4. a v, " r � 2' " a a �
PERSONAL SERVICES
Public Safety
1420 Extra Duty Detail $ 225,000 $ 50,000 $ 275,000
Total Expenditures $ 225,000 $ 50,000 $ 275,000
TOTAL AMENDMENTS-EXPENDITURES $ 50,000
I
MIAMI DAILY BUSINESS REVIEW CITYOFAVENTURA
NOTICE OF PUBLIC HEARING
Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Miami-Dade County,Florida Date and Time of Public Hearing:Wednesday,November 12,2014
6:00 p.m.
STATE OF FLORIDA
COUNTY OF MIAMI-DADS: Applicant Name/Number: Gary Cohen,Trustee,Two Islands
Development Corp., Last Lot Corp. and NI
Holdings LLC
Before the undersigned authority personally appeared 01-MRC-15
M.ZALDIVAR,who on oath says that he or she is the
LEGAL CLERK,Legal Notices of the Miami Daily Business Applicant Request: The applicants are requesting removal of Condition
Review f/k/a Miami Review,a daily(except Saturday,Business
Sunday 3.of Resolution No.98-77 thereby deleting the requirement for a sidewalk
Y( P y y on both sides of the street, under certain circumstances, for the
and Legal Holidays)newspaper,published at Miami in Miami-Dade development on the southernmost island in Dumfoundling Bay known as
County, Florida;that the attached copy of advertisement, Island Estates
being a Legal Advertisement of Notice in the matter of
Location Of Subject Property: Southernmost Island in Dumfoundling
Bay known as Island Estates,City of Aventura
CITY OF AVENTURA - PUBLIC HEARING 11/12/14 Legal Description: Tract A, B, C, D and H and Lot 1,Block 2, Island
APPLICANT-01-MRC-15 - GARY COHEN,TRUSTEE ETC Estates, according to the plat thereof as recorded
in Plat Book 155,Page 3,of the Public Records of
in the XXXX Court, Miami-Dade County,Florida
was published in said newspaper in the issues of The application is on file and may be examined during regular
business hours in the City of Aventura Government Center,Community
10/28/2014 Development Department, 19200 West Country Club Drive, Aventura,
Florida,33180.The application may be modified at or before the Public
Hearing.The application may change during the hearing process.
Affiant further says that the said Miami Daily Business The Public Hearing will be held in the City Commission Chamber at City
Review is a newspaper published at Miami in said Miami-Dade of Aventura Government Center at 19200 West Country Club Drive,
County, Florida and that the said newspaper has Aventura,Florida,33180.Your comments may be made in person at the
heretofore been continuously published in said Miami-Dade County, hearing or filed in writing prior to the hearing date. Refer to applicant/
Florida,each day(except Saturday,Sunday and Legal Holidays) property on correspondence and mail same to City of Aventura,
and has been entered as second class mail matter at the Holidays) Community Development Department at the address above.For further
P information,please call(305)466-8940.
office in Miami in said Miami-Dade County, Florida,for a
period of one year next preceding the first publication of the In accordance with the Americans with Disabilities Act of 1990, all
attached copy of advertisement;and affiant further says that he or persons who are disabled and who need special accommodations to
she has neither paid nor promised any person,firm or corporation participate in this proceeding because of that disability should contact the
any discount, rebate,commission or refund for the purpose Office of the City Clerk,(305)466-8901,not later than two business days
y p p prior to such proceedings.
of securing this advertis-••-- for ■ublication in the said
newspaper. 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
Sworn to and sub ribed .efo • me this based.
Ellisa L.Horvath,MMC,City Clerk
28 dal °CI-0BE'AP A.D. 2014
...■ 10/28 14-3-214/2365827M
,vim,
(SEAL)
M.ZALDIVAR onally known to me
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