10-19-2017 Workshop Agenda The City ®f CityCommission
ilei ff ura WorkshopMeeting
October 19, 2017
Following 9:00 A.M. Commission Meeting
19200 west Country Club Drive Aventura,FL 33180 Executive Conference Room
AGENDA
1. Founders Day Update (City Manager)**
2. Amendment to American Traffic Solutions Agreement (City
Manager)*
3. 2018 Meeting Schedule (City Manager)*
4. Annual Selection of Representative to the Miami-Dade County
League of Cities (City Manager)
5. Proposed Charter Revisions (City Attorney)*
6. Health Insurance Information Update (City Manager)
7. Update - City Manager Contract (Commissioner Shelley)
8. City Clerk Review
9. Adjournment
* Back-up Information Exists
** PowerPoint Presentation
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 in the meeting.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,or online at cityofaventura.com.
AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 6 (the "Amendment") to the Professional Services Agreement is made by and
between the City of Aventura ("City") and American Traffic Solutions, LLC., a Delaware Limited Liability
Company, with its principal offices at 1550 N. Alma School Road, Mesa, Arizona 85201 ("ATS" or
"Vendor") (individually, a "Party"; collectively, the "Parties"), and is effective as of the _ day of
, 2017 (the "Effective Date"). The Professional Services Agreement and any prior
amendments thereto are collectively referred to as the "Agreement."
RECITALS
WHEREAS, on or about February 8, 2008, the City and Vendor entered into a Professional
Services Agreement, which was amended on or about September 1, 2009, July 1, 2010, May 7, 2013,
June 20, 2013, and November 7, 2014, (herein, the "Agreement") whereby the City and Vendor agreed to
the provision of Vendor services to the City in connection with a Traffic Camera Safety Program, subject
to the terms and conditions stated in the Agreement; and
WHEREAS, City and Vendor mutually desire to extend the term of the Agreement, modify the fee
structure for current services, and add enhanced services to the Agreement.
TERMS AND CONDITIONS
NOW THEREFORE, City and Vendor hereby agree as set forth below:
1. The execution of this Amendment shall serve as written notice by the City to Vendor, pursuant to
Section 2.0. Term. of the Agreement, to extend the Agreement for an additional five (5) year term
beyond the current term pursuant to terms of Section 2.0 of the Agreement. Notwithstanding
anything in the Agreement to the contrary, the parties agree the "Start Date" of this additional five
(5) year term shall be May 7, 2018. The remaining renewal terms and conditions in Section 2.0
Term. of the Agreement shall remain unchanged, except any future renewal terms must be
mutually acceptable to each party as indicated in writing.
2. Section 1.0 of Exhibit F of the Agreement is hereby modified to change the price per camera per
month from a lane-based pricing structure to a flat monthly fee of$4,250 per camera per month
for any camera installed prior to the effective date of this Amendment and $4,750 per camera per
month for any camera installed subsequent to the effective date of this Amendment. However, the
pricing for 1 or 2 lane sites remains unchanged and the same as stated in Section 1.0 of Exhibit F
of the Agreement prior to the effective date of this Amendment. The certified mail processing
surcharge also remains unchanged.
3. Option For Enhanced Video Services. Upon the granting of all necessary approvals and
permits, for which City agrees to obtain directly or assist Vendor in obtaining, Vendor agrees to
make available to City such video system enhancements that permit City to perform remote video
retrieval and video streaming for the Camera Systems installed as of the effective date of this
Amendment—should City provide Vendor with written notice of its desire to implement such
enhancements. In such event, fees shall be as indicated below, which are not included in the flat
monthly service fee set forth in Section 1.0 of Exhibit F of the Agreement.
Vendor shall make the system enhancements to allow for ATS Live to be available to City at
Vendor's expense, except that City shall be responsible for Data Plan Use fees. City understands
the standard fee for ATS Live AutoPatrol Add-On System of $1,650 per camera will be waived.
ATS Live includes 30 minutes per camera per month at no charge. Each Camera System's
allotted amount of minutes can be shared across all systems. For instance, if five (5) Camera
Systems are to be equipped with ATS Live, the first 150 minutes to be shared across those five
(5) Camera Systems every month will be free of charge to the City. If more than 150 minutes is
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used per month then each additional block of 30 minutes to be shared across all Camera
Systems will cost the City$30 per block.
4. The parties agree that the Enhanced Video Services shall be subject to the following provisions:
i. Historical video is stored at the Camera site for a time period of at least 30
days pursuant to the City's direction to retain the video for the period
specified in the State of Florida General Records Schedule GS1-SL, Item
Number 302, after which time the video is overwritten.
ii. Requested video files pursuant to the Enhanced Video Services will be
available for City download within 1 business day of request and will be
available for retrieval for 30 days, consistent with State of Florida General
Records Schedule GS1-SL, Item Number 302.
iii. City acknowledges that once it obtains a requested video file, it is
responsible for any preservation, and associated storage requirements that
may be required by law for said video file. Consistent with Section 6 of this
Amendment below, City agrees that since the requested video file is not
required by Vendor to perform the services outlined in this Agreement, the
video file and any resulting public records shall be transferred to City prior to
the termination of the Agreement and City shall serve as the records
custodian for any said public records created. City agrees to assume
responsibility to respond to, and if appropriate defend, at its sole expense,
any requests for data or information obtained through the Enhanced Video
Service, whether by formal public records request or otherwise. Vendor shall
not be responsible for any storage, storage costs or public records requests
pertaining to the historical video beyond maintaining public records
consistent with the records retention schedule specified by the City in this
Agreement and consistent with the process outlined in Section 6 of this
Amendment below.
iv. Video file requests from historical video are limited to 30 minutes. If
additional footage is required, additional requests may be made by City.
V. To avoid unintended data usage charges, streaming video is limited to 10-
minute sessions. After 10 minutes, users will be prompted to reconnect.
vi. City understands they are solely responsible for the proper use of video
gathered through any video enhancement.
5. The Agreement shall be modified to include the following provision:
a. Public Records: As required by Section 119.0701, Florida Statutes, ATS hereby specifically
agrees to comply with the public records laws of the State of Florida. ATS specifically agrees to:
i. Keep and maintain public records required by City in order to perform the service.
ii. Upon request from City's custodian of public records, provide City with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as
otherwise provided by law.
iii. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
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duration of the Agreement term and following completion of the Agreement if ATS does
not transfer the records to City.
iv. Upon completion of the Agreement, transfer, at no cost, to City all public records in
possession of ATS or keep and maintain public records required by City to perform the
project scope of services. If ATS transfers all public records to City upon completion of
the Agreement, ATS shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If ATS keeps and
maintains public records upon completion of the Agreement, ATS shall meet all
applicable requirements for maintaining public records. All records stored electronically
must be provided to City upon request from City's custodian of public records in a format
that is compatible with the information technology systems of City.
V. In the event ATS fails to comply with a public records request, City shall be authorized to
enforce this contractual provision.
vi. IF ATS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO ATS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Ellisa L. Horvath, MMC
19200 West Country Club Drive
Aventura, FL 33180
Telephone: (305)466-8901
Fax: (305)466-8919
horvathe@cityofaventura.com
6. Independent Counsel. Each party has had the benefit of counsel and the opportunity to seek
independent advice and counsel concerning the terms of this Amendment. Neither party is
relying on the other to provide information concerning the terms of this Amendment or its effect
on the Agreement. As such, Vendor and City agree that this Amendment is the product of
mutual effort and in the event of an ambiguity, it will not be construed more strictly against one
party than the other.
7. The provisions of the Agreement, as amended by this Amendment, including the recitals,
comprise all of the terms, conditions, agreements, and representations of the parties with respect
to the subject matter hereof. Except as expressly amended or modified by the terms of this
Amendment, all terms of the Agreement shall remain in full force and effect. In the event of a
conflict between the terms of this Amendment and the Agreement, the terms of this Amendment
shall prevail and control.
8. This Amendment may be executed in one or more counterparts, each of which shall constitute an
original, but all of which taken together shall constitute one and the same instrument. Each party
represents and warrants that the representative signing this Amendment on its behalf has all right
and authority to bind and commit that party to the terms and conditions of this Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
CITY OF AVENTURA AMERICAN TRAFFIC SOLUTIONS
Signature: Signature:
Name/Title: Name/Title:
Date: Date:
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COMMISSION MEETING SCHEDULE
January Commission Meeting January 9, 2018 6:00 P.M.
January Workshop Meeting January 18, 2018 9:00 A.M.
February Commission Meeting February 6, 2018 6:00 P.M.
February Workshop Meeting February 15, 2018 9:00 A.M.
March Commission Meeting March 6, 2018 6:00 P.M.
March Workshop Meeting March 15, 2018 9:00 A.M.
April Commission Meeting April 3, 2018 6:00 P.M.
April Workshop Meeting April 19, 2018 9:00 A.M.
May Commission Meeting May 1 , 2018 6:00 P.M.
May Workshop Meeting May 17, 2018 9:00 A.M.
June Commission Meeting June 5, 2018 6:00 P.M.
June Workshop Meeting June 21, 2018 9:00 A.M.
July Commission Meeting July 3- D, 2018 6:00 P.M.
July Commission/Workshop Meeting July 19, 2018 9:00 A.M.
August NO MEETINGS
September Commission Meeting September 4- 2018 6:00 P.M. **
September Workshop Meeting September 20, 2018 9:00 A.M. **
October Commission Meeting October 2, 2018 6:00 P.M.
October Workshop Meeting October 18, 2018 9:00 A.M.
Swearing In Ceremony November 8, 2017 7:00 P.M.
November Commission Meeting November 13, 2018 6:00 P.M.
November Workshop Meeting November 15, 2018 9:00 A.M.
December NO MEETINGS
'"Two Budget Public Hearings to be held in September will be scheduled in July.
Workshop Meetings are held in the 5'"floor Executive Conference Room
Commission Meetings are held in the Commission Chamber on the 2'1 Floor.
Aventura Government Center. 19200 W. Country Club Drive,Aventura. FL 33180
ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF A PROPOSED AMENDMENT TO CITY
CHARTER SECTION 2.03 " ELECTION AND TERM OF
OFFICE" AT PARAGRAPH (C) " LIMITATIONS ON
LENGTHS OF SERVICE" , TO ENABLE A TERM
LIMITED COMMISSIONER TO RUN FOR THE OFFICE
OF MAYOR ; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD
ON TUESDAY, THE 6TH DAY OF NOVEMBER 2018, IN
CONJUNCTION WITH THE COUNTY-WIDE ELECTION
BEING HELD ON SAID DATE ; PROVIDING NOTICE OF
ELECTION; PROVIDING FOR ELECTION PROCEDURE ;
PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 6.02(a)(i) of the City Charter, the City Commission has
determined that an amendment (the "Charter Amendment") is needed to revise paragraph (c)
"Limitations on Lengths of Service" of Section 2.03 "Election and Term of Office" of the City
Charter, simply in order to enable a term limited Commissioner who has served the City for two
terms of office as Commissioner to run for and, if elected, serve in the office of Mayor; and
WHEREAS, pursuant to Section 6.02 (a) (i) of the City Charter, the City Commission is
required to submit the proposed Charter Amendment to the electors of the City for approval or
rejection.
NOW, THEREFORE, BE IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AS FOLLOWS:
Section 1. Recitals Adopted. That the above- stated recitals are hereby adopted and
confirmed.
Section 2. Charter Amendment. That pursuant to Section 6.02(a)(i) of the City
Charter and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of
Aventura, Florida, is hereby amended by amending City Charter Section 2.03 " Election and
Term of Office", by amending paragraph (c) " Limitations on Lengths of Service", to read as
follows:'
• Section 2.03.-Election and term of office.
(a)
Election and term of office. Each Commissioner and the Mayor shall be elected at-large for four year
terms by the electors of the City in the manner provided in Article V of this Charter. The four-year
term length which is provided for in this paragraph(a), shall be extended as necessary to accomplish
the election date revision made pursuant to Charter Section 5.01 (c)(ii)of the City Charter, as
applicable.Accordingly, the term of office of the Mayor and Commission Seats 2.4, and 6 which
would otherwise expire in March of 2009 shall instead expire in November 2010, and the term of
office of Commission Seats 1, 3 and 5 which would otherwise expire in March of 2011, shall instead
expire in November 2012.
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(c)
Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive
elected terms.No person may serve en-the as a Commissioner for more than two consecutive terms.
No person may serve as a combination of Mayor and Commissioner for more than eight consecutive
years. except for the additional length of service as Mayor and/or Commissioner described in
paragraph (a)above, which results from the extension of the term of office of Mayor and/or
Commissioner as produced by the election date change provided by Charter Section 5.01 (c)(ii), and
except for those persons who are elected to the Office of Mayor after serving two consecutive terms as
a Commissioner(the"Term Limited Commissioner"). Service shall be deemed to be consecutive
unless there is an intervening four-year period during which the individual does not serve as a
Commissioner or Mayor(the "Break in Service"). Any person serving the maximum amount of time as
Mayor must have a four-year Break in Service before serving as a Commissioner. Any person serving
the maximum amount of time as a Commissioner must is not required to have a four-year Break in
Service before serving as Mayor and may seek the Office of Mayor without any break in service
except to the extent required by the Florida Resign to Run law(Section 99.012,F.S.), and may serve as
Mayor for up to two consecutive terms . Any person serving the maximum amount of time as a
combination of Mayor and Commissioner must have a four-year Break in Service before serving as
Mayor or Commissioner. This Break in Service requirement shall be applicable only prospectively and
shall except as provided herein apply to any person who after the effective date of this Break in
Service provision reaches the maximum limitation on length of service which is provided herein.No
candidate may run for either the office of Mayor or Commissioner when, if elected,the person would
/ Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by ugh.
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exceed the limitations on service set forth in this paragraph by any length of time taking into account
the full regular term for the office sought.
Section 3. Election Called. That a special election is hereby called, to be held on
Tuesday, the 6`h day of November, 2018, in conjunction with the county-wide election, to present
to the qualified electors of the City of Aventura, the ballot question which is provided in Section
4 of the Resolution.
Section 4. Form of Ballot. That the form of ballot for the Charter Amendment provided
for in Section 2 of this Resolution shall be substantially as follows:
CITY OF AVENTURA CHARTER AMENDMENT
ELIGIBILITY TO SERVE AS MAYOR AFTER SERVICE AS
COMMISSIONER
The City Commission proposes that the City Charter be amended to
enable term limited Commissioners to be able to run for election to the
office of Mayor and be able to serve up to two consecutive terms as Mayor
if elected.
Shall the above- described City Charter amendment be adopted?
YES [ ]
NO [ ]
Section 5. Balloting. That voting shall be conducted for this special election on
November 6, 2018, between the hours of 7:00 A.M. and 7:00 P.M. Absentee voting and early
voting shall also be authorized, as provided by law. All qualified City electors who are timely
registered in accordance with law shall be entitled to vote. 'the City Clerk is authorized to obtain
and pay for any necessary election administration services from the Miami-Dade County
Supervisor of Elections. The County registration books shall remain open at the Office of the
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Miami-Dade County Supervisor of Elections until twenty-nine(29) days prior to the date of such
election, at which time the registration books will close in accordance with the provisions of the
general election laws. The Miami-Dade County Supervisor of Elections is hereby authorized to
take all appropriate action necessary to carry into effect and accomplish the provisions of this
Ordinance. This special election shall be canvassed by the County Canvassing Board unless
otherwise provided by law.
Section 6. Notice of Special Election. That notice of said special election shall be
published by the City Clerk in accordance with Section 100.342, F.S., in a newspaper of general
circulation within the City at least 30 days prior to said election, the first publication to be in the
fifth week prior to the election (to-wit: during the week commencing Sunday, September 30,
2018), and the second publication to be in the third week prior to the election (to-wit: during the
week commencing Sunday, October 14, 2018), and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
ORDINANCE NO. ADOPTED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA
(THE "CITY") A SPECIAL ELECTION HAS BEEN CALLED
AND ORDERED TO BE HELD WITHIN THE CITY ON
TUESDAY, THE 6TH DAY OF NOVEMBER 2018, IN
CONJUNCTION WITH THE COUNTY- WIDE ELECTION
BEING HELD ON SAID DATE ,BETWEEN THE HOURS OF 7
A.M AND 7 P.M., AT WHICH TIME THE FOLLOWING
CI TARTER AMENDMENT PROPOSAL SHALL BE
SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY.
CITY OF AVENTURA CHARTER AMENDMENT
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ELIGIBILITY TO SERVE AS MAYOR AFTER SERVICE AS
COMMISSIONER
The City Commission proposes that the City Charter be amended to
enable term limited Commissioners to be able to run for election to the
office of Mayor and be able to serve up to two consecutive terms as Mayor
if elected.
Shall the above- described City Charter amendment be adopted?
YES [ ]
NO [
Polling place information, the enabling Ordinance, including the full text of the
proposed City Charter Amendment and the ballot question, are available at the
office of the City Clerk located at 19200 West Country Club Drive, Aventura,
Florida 33180.
City Clerk
Section 7. Copies. That copies of this Ordinance proposing the Charter Amendment is
on file at the offices of the City Clerk located at 19200 West Country Club Drive, Aventura,
Florida 33180, and are available for public inspection during regular business hours.
Section 8. Effectiveness. That the Charter Amendment provided for in Section 2 above
shall become effective if the majority of the qualified electors voting on the specific Charter
Amendment vote for its adoption, and it shall be considered adopted and effective upon
certification of the election results. Following adoption of the Charter Amendment, the City
Clerk shall file the adopted Charter Amendment with the Clerk of the Circuit Court of Miami-
Dade County, Florida.
Section 9. Inclusion In The Charter. That subject to the requirements of Section 8
above, it is the intention of the City Commission and it is hereby provided that the Charter
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Amendment shall become and be made a part of the Charter of the City of Aventura; and that the
Sections of this Ordinance may be renumbered or relettered to accomplish such intention.
Section 10. Effective Date of Ordinance. That following the passage and final
adoption of this Ordinance at second reading, this Ordinance shall be effective immediately from
and after July 9, 2018, so as to comply with the 120 day time constraint of Section 6.03 of the
Miami- Dade County Charter.
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on first reading. The motion was seconded by Commissioner
,and upon being put to a vote,the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Marc Narotsky
Vice Mayor Howard Weinberg
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. The motion was seconded by Commissioner
, and upon being put to a vote,the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Marc Narotsky
Vice Mayor Howard Weinberg
Mayor Enid Weisman
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PASSED AND ADOPTED at First Reading this day of 2017.
PASSED AND ADOPTED at Final Reading this day of ,2017.
Enid Weisman, Mayor
Attest:
Ellisa L. Horvath, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
City Attorney
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