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01-09-2018 Regular Commission Meeting Agenda i City Manager City Commission l) ‘1:1 1 I'- Susan L.Grant Enid Weisman,Mayor ~ '\�� Robert Shelley,Vicc Mayor —' i::= =:: City Clerk Denise Landman,Commissioner * * Ellisa I.. Horvath, MMC Dr.Linda Marks,Commissioner I Gladys Mezrahi,Commissioner City Attorney Marc Narotsky,Commissioner t I. 0V t,(' Weiss Serota Helfman Howard Weinberg,Commissioner IL-7-cr5 Q/ 5%,,C,ti Cole&Bierman CITY COMMISSION MEETING AGENDA JANUARY 9, 2018 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Employee Service Awards 5. 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: • November 7, 2017 Commission Workshop Meeting • November 7, 2017 Commission Regular Meeting • November 16, 2017 Commission Meeting • November 16, 2017 Commission Workshop 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 FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA MERRILL LYNCH BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Agenda January 9,2018 D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO APPROVE THE UPDATE OF THE CITY OF AVENTURA TITLE VI PROGRAM,IN ACCORDANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION EVERY THREE (3) YEARS;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 $22,500 FOR A PORTABLE TRAFFIC SIGNAL SYSTEM FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. F. A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN AVENTURA LAKES HOA AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BISCAYA III CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BISCAYNE COVE CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. I. A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BONAVIDA CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN ELDORADO TOWERS CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 6 Aventura City Commission Meeting Agenda January 9,2018 K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN ENSENADA CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN FLANCO CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. M. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN LINCOLN POINTE L/CAL LLC AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. N. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN MYSTIC POINTE MASTER ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. O. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN PARC CENTRAL AVENTURA SOUTH CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. P. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN PARC CENTRAL EAST AND THE CITY OF AVENTURA;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. Q. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN POINT EAST CONDO AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 6 Aventura City Commission Meeting Agenda January 9,2018 R. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN POINT EAST CONDO CORP. THREE AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. S. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN PORTSVIEW AT THE WATERWAYS CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. T. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN PROMENADE AT AVENTURA APARTMENTS AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. U. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN SOUTHVIEW AT AVENTURA CONDOMINIUM AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. V. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VENTURE AT AVENTURA MASTER ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. W. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VILLA DORADA CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. X. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING TILE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VILLAGE BY THE BAY CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 4 of 6 Aventura City Commission Meeting Agenda January 9,2018 Y. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Z. A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-11-15- 2, NE 188 STREET AND NE 190 STREET SEAWALL RESTORATION IMPROVEMENTS TO JONES BENITEZ CORPORATION AT THE BID PRICE OF $896,570.00; 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. 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.None 7. ORDINANCES-FIRST READING/PUBLIC HEARINGS: 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 AMENDMENT TO THE CITY CHARTER TO BE HELD ON TUESDAY,THE 28TH DAY OF AUGUST 2018, IN CONJUNCTION WITH THE COUNTY-WIDE PRIMARY 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. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 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;AND PROVIDING FOR AN EFFECTIVE DATE. Page 5 of 6 Aventura City Commission Meeting Agenda January 9,2018 B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO;PROVIDING FOR MONTHLY PAYMENT OF A FRANCHISE FEE TO THE CITY;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS/PUBLIC HEARINGS: None 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None 13. ADJOURNMENT FUTURE MEETINGS* REGULAR COMMISSION WORKSHOP—JANUARY 18,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5111 FLOOR) REGULAR COMMISSION MEETING—FEBRUARY 6,2018 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—FEBRUARY 22,2018 AT 9 AM EXECUTIVE CONFERENCE ROOM(5111 FLOOR) *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. 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. Page 6 of 6 The City of CITY COMMISSION Ayentu2'a WORKSHOP MEETING MINUTES Aventura Government Center v $1 NOVEMBER 7, 2017 192oow.Country Club Drive Aventura,Florida 33180 ® 5:30 P.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 5:39 p.m. The following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney Matthew H. Mandel. As a quorum was determined to be present, the meeting commenced. 2. DISCUSSION OF PROPOSED CITY MANAGER EMPLOYMENT CONTRACT: Commissioner Shelley reported that as directed by the Commission at the October 19, 2017 Workshop Meeting he worked out the remaining details with Susan Grant, for her employment contract as City Manager. Commissioner Shelley was thanked by the Commission for his negotiations on the contract with Mrs. Grant. The Commission reviewed and discussed the final contract that was negotiated. City Manager Summary: It was the consensus of the Commission to move forward with the final contract as presented and provided on the November 7, 2017 Commission Meeting Agenda. 3. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Mezrahi, and unanimously approved; thus adjourning the meeting at 5:47 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on January 9, 2018. City of CITY COMMISSION A��pp„„*��yy�� REGULAR MEETING MINUTES Aventura Country ClubDrvee ventura NOVEMBER 7, 2017 Aventura,Florida 33180 6:00 P.M. 1. CALL TO ORDERIROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Howard Weinberg, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney Matthew H. Mandel. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Brian Mars. 3. ELECTION OF VICE MAYOR: After nomination by Commissioner Narotsky, seconded by Commissioner Dr. Marks, and unanimously approved, Commissioner Robert Shelley was elected Vice Mayor, for the next six-month period. 4. AGENDA: REQUESTS FOR DELETIONSIEMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: • Proclamation: Mayor Weisman presented Jennifer Enslein with a proclamation in recognition of her efforts in providing the Rock Steady Boxing program, at the Michael-Ann Russell Jewish Community Center in North Miami Beach, to Aventura residents battling Parkinson's disease. • Employee Service Awards: Mr. Soroka along with Chief Pegues presented the following with recognition certificates and tokens of appreciation for the completion of milestone years of service with the City: Rodney "Brent" Rogers (10 years), Julia Curbelo (15 years), Linda Mazzei (15 years), Anthony Mihalko (20 years), Officer Helen Morrison (20 years), Officer Kevin Childs (20 years), and Sergeant Terry Scott (20 years). 6. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Vice Mayor Shelley, seconded by Commissioner Narotsky and passed unanimously by roll call vote. The following action was taken: A. Minutes were approved as follows: • October 3, 2017 Commission Regular Meeting • October 12, 2017 Commission Meeting • October 19, 2017 Commission Meeting • October 19, 2017 Commission Workshop Meeting Aventura City Commission Meeting Minutes November 7, 2017 B. Resolution No. 2017-53 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2017-54 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF TILE CITY OF AVENTURA, FLORIDA, AUTHORIZING ELECTED OFFICIALS OF THE CITY OF AVENTURA TO PARTICIPATE IN THE CITY'S GROUP HEALTH INSURANCE PLAN, WITH ALL APPLICABLE INSURANCE PREMIUMS TO BE PAID SOLELY BY THOSE ELECTED OFFICIALS WHO PARTICIPATE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2017-55 was adopted as follows: A RESOLUTION OF TILE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL .JURISDICTION AGREEMENT BETWEEN TERRACES NORTH AT TURNBERRY AND TILE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2017-56 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TURNBERRY ISLE MASTER ASSOCIATION AND THE CITY OF AVENTURA; 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. 2017-57 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN THE LANDMARK CLUB CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 9 Aventura City Commission Meeting Minutes November 7, 2017 G. Resolution No. 2017-58 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED POLICE SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND AVENTURA MALL VENTURE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2017-59 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT DATED FEBRUARY 8, 2008 BY AND BETWEEN THE CITY OF AVENTURA AND AMERICAN TRAFFIC SOLUTIONS, LLC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 2017-60 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, DECLARING EXEMPTION FROM ARTICLE XIIA OF CHAPTER 33, WORKFORCE HOUSING DEVELOPMENT PROGRAM OF THE MIAMI- DADE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE. J. Resolution No. 2017-61 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-246 FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF YACHT CLUB DRIVE MILLING AND RESURFACING IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $74,210; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT TIIE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. K. Resolution No. 2017-62 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING CONTRACT TO PRESTIGE AUTO TRANSPORT TOWING & RECOVERY, INC. AND A BACKUP TOWING CONTRACT TO DOWNTOWN TOWING COMPANY; AUTIIORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 9 Aventura City Commission Meeting Minutes November 7, 2017 L. Resolution No. 2017-63 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT TO GARLAND/DBS INCORPORATED, FOR THE RE-ROOFING FOR TILE ELEMENTARY WING OF THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE INDIVIDUAL BID PRICE CONTAINED IN ATTACHED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT IN ATTACHED EXHIBIT "B"; 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. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Mandel read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AMENDING ORDINANCE NO.2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 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; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Narotsky and seconded by Commissioner Landman. Mr. Soroka explained the ordinance. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Mandel read the following ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT," ARTICLE II "POLICE PENSION PLAN AND TRUST FUND," IN ACCORDANCE WITH CHANGES CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION FOR THE PERIOD OCTOBER I, 2016 THROUGH SEPTEMBER 30, 2019; BY AMENDING SECTION 36-22 `DEFINITIONS'; BY AMENDING SECTION 36-26 "SERVICE. RETIREMENT BENEFIT" TO REVISE RETIREMENT CRITERIA; BY ADDING SECTION 36-35 "DEFERRED RETIREMENT OPTION PROGRAM"; BY ADDING SECTION 36-38 "DEFINED CONTRIBUTION PLAN"; BY ADDING SECTION 36-39 "USE OF PREMIUM TAX REVENUES"; PROVIDING FOR REPEAL; PROVIDING Page 4 of 9 Aventura City Commission Meeting Minutes November 7, 2017 FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Weinberg and seconded by Vice Mayor Shelley. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2017-13 was adopted. Mr. Mandel reviewed the quasi-judicial procedures for items 8B and 8C and read the following ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AVENTURA BY AMENDING THE ZONING DESIGNATION FOR A 2.0 ACRE PARCEL OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS ORDINANCE, FROM B2, COMMUNITY BUSINESS DISTRICT TO MO, MEDICAL OFFICE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony for items 8B and/or 8C. A motion for approval of the ordinance was offered by Vice Mayor Shelley and seconded by Commissioner Mezrahi. The following provided testimony on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA - 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Mayor Weisman opened the public hearing. The following members of the public provided testimony: Ivey Ginsberg (3610 Yacht Club Drive). There being no additional speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2017-14 was adopted. Mr. Mandel read the following ordinance by title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT PURSUANT TO CHAPTER 163, F.S., DATED NOVEMBER 8, 2006 MADE BETWEEN Page 5 of 9 Aventura City Commission Meeting Minutes November 7, 2017 GULFSTREAM PARK RACING ASSOCIATION INC. AS DEVELOPER AND THE CITY OF AVENTURA TO EXTEND THE TERM OF THE AGREEMENT FROM JULY 7, 2017 TO JULY 7, 2024, TO REVISE EXHIBITS "A" AND "B" TO THE AGREEMENT WITH NEW LEGAL DESCRIPTIONS FOR THE RECONFIGURED B2 DISTRICT AND MO DISTRICT PARCELS, TO AI)D THE 2.0 ACRE CONVEYANCE TO THE CITY AND TO AMEND THE VEHICULAR ACCESS RESTRICTION TO AND FROM NE 213 STREET, ALL RELATING TO PARCELS OF LAND LOCATED ON THE NORTH SIDE OF NE 213 STREET, EAST OF BISCAYNE BOULEVARD, CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Vice Mayor Shelley and seconded by Commissioner Mezrahi. The following provided testimony on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA - 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Mr. Soroka provided clarification. Mayor Weisman opened the public hearing. The following members of the public provided testimony: Ivey Ginsberg (3610 Yacht Club Drive — also provided a list of names/signatures), Kelvin Rossen (3640 Yacht Club Drive), Scott Singer (21025 NE 31 Street — President of Homeowners Association for Aventura Lakes), and Robert Burroughs (Miami). Mr. Soroka explained the ordinance. There being no additional speakers, the public hearing was closed The motion for approval of the ordinance on second reading passed unanimously, by roll call vote and Ordinance No. 2017-15 was adopted. 9. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Mandel reviewed the quasi-judicial procedures for items 9A, 9B, and 9C and read the following resolution by title: RESOLUTIONS—PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE TOTAL WINE & MORE LIQUOR PACKAGE STORE ON THE COMMERCIAL PLAZA TENANT SPACE AT 19925 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony for items 9A, 9B, and/or 9C. Page 6 of 9 Aventura City Commission Meeting Minutes November 7, 2017 A motion for approval of the resolution was offered by Commissioner Narotsky and seconded by Vice Mayor Shelley. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed in the report, as well as in Section 1 of the resolution. The following provided testimony on behalf of the applicant (Florida Fine Wine & Spirits LLC, dba Total Wine & More): Jennifer Wolfe, Permit Expeditor (Walton Signage - 10101 Reunion Place, Suite 500, San Antonio, TX) and Thomas Mahoney (Total Wine & More). Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-64 was adopted. Mr. Mandel read the following resolution by title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING RESOLUTION NO. 2006-62 BY EXTENDING TILE TIME TO OBTAIN A BUILDING PERMIT FOR 7 YEARS; BY REVISING THE LEGAL DESCRIPTION OF LAND SUBJECT TO THE CONDITIONAL USE APPROVAL TO DELETE A 2 ACRE PARCEL CONVEYED TO THE CITY AND TO INCLUDE A 2 ACRE PARCEL REZONED BY SEPARATE ORDINANCE; BY DELETING REFERENCE TO SPECIFIC SITE. DEVELOPMENT PLANS; AND BY RECONFIRMING THE APPROVAL OF A PARCEL SIZE OF 13.715 ACRES, RECONFIRMING THE APPROVAL OF RESIDENTIAL USES WITH A MAXIMUM DENSITY OF 35 DWELLING UNITS PER ACRE, OR A MAXIMUM OF 480 UNITS, AND RECONFIRMING APPROVAL OF INCREASED HEIGHT WITH A MAXIMUM OF 25 STORIES OR 259 FEET; ALL FOR A PARCEL OF LAND ON THE NORTH SIDE OF NE 213 STREET BETWEEN BISCAYNE BOULEVARD AND NE 34 AVENUE, CITY OF AVENTURA, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" TO THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Vice Mayor Shelley and seconded by Commissioner Landman. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed in the report, as well as in the resolution. The following provided testimony on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA - 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Page 7 of 9 Aventura City Commission Meeting Minutes November 7, 2017 Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-65 was adopted. Mr. Mandel read the following resolution by title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE A MODIFICATION OF A DECLARATION OF RESTRICTIONS IN LIEU OF UNITY OF TITLE AND TO EXECUTE A RELEASE OF A DECLARATION OF RESTRICTIVE COVENANT IN THE FORMS ATTACHED TO THIS RESOLUTION, CONCERNING PROPERTY OWNED BY GULFSTREAM PARK RACING ASSOCIATION INC., LOCATED ON THE NORTH SIDE OF NE 213 STREET, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Vice Mayor Shelley and seconded by Commissioner Landman. Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, as outlined in the report and resolution. The following provided testimony on behalf of the applicant (Gulfstream Park Racing Association, Inc.): Edwin Stacker, Esq. (Mastriana & Christiansen, PA - 1500 N. Federal Highway, Suite 200, Fort Lauderdale). Mayor Weisman opened the public hearing. Mrs. Horvath administered the oath to those additional speakers wishing to offer testimony. The following members of the public provided comments: Robert Burroughs (Miami), Joshua Coba (3911 Island Estates Drive), Dara Clarke, and Daniel Sawicki (4036 Island Estates Drive). There being no additional comments, the public hearing was closed. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-66 was adopted. 10. RESOLUTIONS: Mr. Mandel read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING SUSAN L. GRANT TO SERVE AS THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA; APPROVING AN EMPLOYMENT AGREEMENT BETWEEN SUSAN L. GRANT AND THE CITY OF AVENTURA Page8 of 9 Aventura City Commission Meeting Minutes November 7, 2017 ATTACHED AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Vice Mayor Shelley and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. Susan Grant thanked the Commission for her selection as the next City Manager and provided comments. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-67 was adopted. 11. REPORTS: Commissioner Dr. Marks reported on the delay on the mailing of the County's tax bills, due to the hurricane. Mayor Weisman reported on the success of the Founders Day event. 12. PUBLIC COMMENTS: The following members of the public provided comments: Joshua Coba (3911 Island Estates Drive), Dara Clarke, Robert Burroughs (Miami), and Frida Lapidot (20953 NE 30 Court). Michael Krop Senior High School representative Nathaniel Manor (SGA President) provided a report on news and events at the school. 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Weinberg, and unanimously approved; thus adjourning the meeting at 8:06 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on January 9, 2018. Page 9 of9 The City o' CITY COMMISSION MEETING MINUTES Aventura Government Center Aventura q 19200 W.Country Club Drive YiriYl. �.l NOVEMBER 16, 2017 Aventura, Florida 33180 0 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:01 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. MOTION TO AUTHORIZE THE CITY MANAGER TO PROCEED WITH THE HURRICANE IRMA LANDSCAPING ACTION PLAN AS CONTAINED IN THE MEMORANDUM DATED NOVEMBER 6, 2017: Mr. Wolpin read the motion. A motion for approval was offered by Commissioner Dr. Marks and seconded by Commissioner Landman. Mr. Soroka explained the item. Landscape Architect Kathy O'Leary Richards (O'Leary Richards Design Associates) reviewed the tree damage assessment and restoration plan for the City, in response to the damage caused by Hurricane Irma. No comments were provided from the public. The Commission discussed using sustainable trees for replacement. Mr. Soroka provided an estimated completion date of May 2018. The motion for approval passed unanimously, by roll call vote. 3. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR MONTHLY PAYMENT OF A FRANCHISE FEE TO THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Vice Mayor Shelley and seconded by Commissioner Mezrahi. Mr. Soroka explained the ordinance, which will provide for the City to receive a monthly 5.9% franchise fee effective 2020. Mayor Weisman opened the public hearing. Aventura City Commission Meeting Minutes November 16, 2017 The following members of the public provided comments: Erika Koopman and Frida Lapidot. There being no additional speakers, the public hearing was closed. The Commission recognized FPL for their efforts in restoring power after Hurricane Irma. The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. 4. RESOLUTIONS: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA, OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Narotsky and seconded by Commissioner Dr. Marks. Mr. Soroka reviewed the resolution. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-68 was adopted. As requested by Mr. Soroka and by consensus of the Commission, item C was taken out of order. Mr. Wolpin read the following resolution by title: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING ADDENDUM TO THE PURCHASE AND SALE AGREEMENT WITH GULFSTREAM PARK RACING ASSOCIATION, INC. FOR THE ACQUISITION OF VACANT PROPERTY CONSISTING OF TWO (2) ACRES LOCATED ADJACENT TO AND WESTERLY OF WATERWAYS PARK ON N.E. 213 STREET ("PROPERTY") FOR MUNICIPAL PURPOSES; AUTHORIZING THE Page 2 of4 Aventura City Commission Meeting Minutes November 16, 2017 CITY MANAGER TO EXECUTE THE ADDENDUM TO THE PURCHASE AND SALE AGREEMENT SUBSTANTIALLY IN THE FORM ATTACHED HERETO AS EXHIBIT "A", AND ANY FURTHER ADDENDUMS THERETO; AUTHORIZING THE CITY MANAGER AND OFFICIALS TO IMPLEMENT THE TERMS AND CONDITIONS OF THE PURCHASE AND SALE AGREEMENT AS AMENDED BY TILE ADDENDUM, AND TO EXECUTE ANY DOCUMENTS NECESSARY TO EFFECTUATE THE ACQUISITION AND CLOSING OF THE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Vice Mayor Shelley and seconded by Commissioner Mezrahi. Mr. Soroka explained the addendum, which included the credit of funds to help cover the costs to clean the site. He discussed the following additional items regarding the property: easement for the drainage line, mitigating wetlands, closing estimated in 30 days, submittal of a remedial plan to DERM, cleaning the site to rectify environmental issues, and construction anticipated to begin in April/May 2018. Mayor Weisman opened the public hearing. The following members of the public provided comments: Frida Lapidot (20953 NE 30 Court), Steven Weisman (3802 NE 207 Street), and Bonnie Lotterman (3640 Yacht Club Drive). There being no additional comments, the public hearing was closed. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-70 was adopted. Mr. Wolpin read the following resolution by title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT AND ADDENDUM BETWEEN THE CITY OF AVENTURA AND PGAL ARCHITECTS TO PERFORM ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN AND PERMIT THE CITY'S CHARTER HIGH SCHOOL IN ACCORDANCE WITH RFQ NO. 17-07-24-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Weinberg and seconded by Vice Mayor Shelley. Mr. Soroka reviewed the agreement. He additionally discussed a proposal from the Miami-Dade County School Board to lease the property from the City, fund the school, partially fund the gym, and use the City's architect and construction companies. It was explained that under the proposal the County would own the school and part of the gym Page 3 o14 Aventura City Commission Meeting Minutes November 16, 2017 and operate the school, while the City would retain naming rights and name the principal. The Commission discussed the proposal and reached consensus that they did not want to lose control of the school. Mayor Weisman opened the public hearing. There being no comments, the public hearing was closed. Mr. Soroka reviewed preliminary plans for the proposed school's site plan. Architect Ian Nestler (PGAL President) responded to questions. The motion for approval of the resolution passed unanimously by roll call vote and Resolution No. 2017-69 was adopted. The following additional items were discussed: Mayor Weisman announced for the record that she was changing her vote to yes for the ACES Charter Renewal Application item (October 19, 2017 Commission Meeting Agenda: City Commission, Acting in its Capacity as the Governing Board for the Aventura City of Excellence School - Motion to Accept and Authorize City Manager to File Aventura City of Excellence Charter Renewal Application with the Miami-Dade County School Board). Commissioner Dr. Marks reported on a recent conference she attended and provided Mr. Soroka with the name of a professional who provides space planning for schools. 5. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Shelley, seconded by Commissioner Landman, and unanimously approved; thus adjourning the meeting at 10:37 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on January 9, 2018. Page 4 of4 The City of CITY COMMISSION �!'^Y� � WORKSHOP MEETING MINUTES 19200 Governmentountry Center `/en NOVEMBER 16, 2017 t9zoow.Country ve FOLLOWING COMMISSION MEETING Aventura, Florida 33180 G.._ AT 9:00 A.M. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 10:51 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Robert Shelley, Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Howard Weinberg, City Manager Eric M. Soroka, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. As requested by Mr. Soroka and by consensus of the Commission, item 3 was taken out of order. 3. UPDATE ON BRIGHTLINE: Carol Henderson (All Aboard Florida) provided an update on the All Aboard Florida plans for Brightline, a new intercity express train connecting southeast Florida. City Manager Summary: This item was provided for informational purposes. 1. PROPOSED CHARTER REVISIONS (City Attorney): Mr. Wolpin reviewed the updated draft ordinance language, for the proposed Charter revision amending limitations on lengths of service for Commissioners, as well as calling for a Special Election on August 28, 2018. City Manager Summary: It was the consensus of the Commission to proceed with placing the ordinance on a Commission meeting agenda. 2. UPDATE ON SMART PLAN AND COASTAL LINK: Mr. Soroka requested that this item be moved to January, since the representatives of Miami-Dade County were not in attendance. City Manager Summary: It was the consensus of the City Commission for this item to be placed on the January workshop agenda. 4. CITY TALKS PROGRAM (Commissioner Mezrahi): Commissioner Mezrahi requested that this item be considered again by the Commission. Mr. Soroka reported that as directed by the Commission, the Community Services Advisory Board discussed the item at their September 28, 2017 meeting and reached consensus that the item not be pursued. City Manager Summary: It was the consensus of the Commission for the Youth Advisory Board to discuss the item and provide a recommendation to the Commission. Avenlura City Commission Workshop Meeting Minutes—November 16,2017 The following additional items were discussed: The following members of the public provided comments: Frida Lapidot (20953 NE 30 Court). After discussion, it was the consensus of the Commission to extend Eric Soroka's employment for two weeks, to cover the January meetings, if deemed necessary by Mr. Soroka and Mrs. Grant. The Commission discussed Mr. Soroka's upcoming retirement. It was the consensus of the Commission that an event be held on January 7, 2018 at 6:00 p.m. at the Pointe Condominium, for approximately 50 people, with a budget up to $5,000. The event will be coordinated by Commissioner Mezrahi and Mrs. Horvath. 5. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Mezrahi, and unanimously approved; thus adjourning the meeting at 11:44 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the Commission on January 9, 2018. Page 2 of 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage DATE: November 30, 2017 SUBJECT: Resolution Declaring Equipment Surplus January 9, 2018 City Commission Meeting Agenda Item 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. SG/act Attachment RESOLUTION NO. 2018- 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 FOR 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Joseph S. kroll, Director of Public Works/Transportation, MPA, CPM, CFM ! FROM: Alan J. Levine, Public Works Operations Mana DATE: November 14, 2017 SUBJECT: Surplus Property Please have the city property listed below declared as Surplus Property as this item have become cost prohibited to maintain and inadequate for department purposes. 2014 Ford C-Max Vin # 1FADPSAU3EL509748_ CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Karen J. Lanke, Information Technology Director DATE: December 14, 2017 SUBJECT: Surplus Computer Equipment I am requesting that the computer equipment listed on the attached 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 A City of Aventura Computer Equipment Inventory Attachment A Brand Model Qty Serial Number Type APC Back-UPS NS700 1 4B1317P43054 UPS APC Back-UPS RS700 1 380950X36549 UPS APC Back-UPS RS700 1 3B1032X52710 UPS APC Back-UPS RS700 1 381129X28767 UPS Box full of misc items and cables. 1 Cisco CP-7940G 1 FCH14318WCM Phone Cisco IP Phone 7900 4 7898362231124 Phone Dell Latitude E6420 1 6SRQCS1 Laptop Dell Latitude E6420 1 GVK3DS1 Laptop Dell Latitude E6440 1 5G4LG12 Laptop Dell Latitude E6440 1 H76LG12 Laptop Dell Optiplex 7010 1 GQP0BY1 Desktop Dell Optiplex 7010 1 H828QW1 Desktop Dell Optiplex 7010 1 H83JQW1 Desktop Dell Optiplex 7020 1 H 1 RJX12 Desktop Dell Optiplex 7020 1 H1TKX12 Desktop Dell Optiplex 780 1 3T8LKN1 Desktop Dell PRO1X 1 CN-02U442-48643-44L-2585 Dock Dynex DX-LCD26-09 1 H9586JA100436 TV Keyboards 18 Polaroid P5500S 1 N/A Printer Symbol MSR5000-00 1 SZ000444 PDA Symbol MSR5000-00 1 SZ001227 PDA Trimble Placer Gold APU 1 20014254 APU 12/14/2017 Page 1 of 1 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag=�'. ;�� BY: s Brian K. Raducci, Finance Dire,or DATE: January 5, 2018 SUBJECT: Change in Signatories — Bank of America Merrill Lynch January 9, 2018 City Commission Meeting Agenda Item sC RECOMMENDATION It is recommended that the City Commission consider and approve the attached Resolution authorizing and directing the City Manager to amend the list of authorized Bank of America Merrill Lynch bank account users for all accounts as set forth on certain bank forms. BACKGROUND Due to recent hiring of the new City Manager, it is necessary for Bank of America Merrill Lynch to update its records in order to provide the appropriate City Representatives with proper access to the City's bank accounts. The City is responsible for informing Bank of America Merrill Lynch of these staffing changes so that the bank account signatories are current and to ensure proper internal controls. RESOLUTION NO 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL BANK OF AMERICA MERRILL LYNCH BANK ACCOUNTS AS SET FORTH ON CERTAIN BANK FORMS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission for the City of Aventura ("City") previously authorized the use of Bank of America Merrill Lynch for Banking Services; and WHEREAS, as a result of recent staff changes, it is necessary to advise Bank of America Merrill Lynch of those changes and to revise certain bank forms to designate the appropriate City representatives who are authorized to have access to the City's accounts; and WHEREAS, the City Commission finds that it is in the best interests of the City to approve changes to certain bank forms in order to designate the appropriate City representatives who will have authority to access the City's accounts and to maintain proper internal controls. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. Checks issued from or withdrawals made from accounts maintained by the City in public depositories shall be signed by the City Manager and Finance Director. City of Aventura Resolution No. 2018- Section 3. The City Manager be and the same is hereby authorized and directed to amend the list of authorized users for all Bank of America Merrill Lynch accounts as set forth on certain bank forms. Section 4. The City Manager and Finance Director are authorized to establish accounts from time to time on behalf of the City at Bank of America Merrill Lynch, as well as to operate and close such accounts and to designate persons to operate each such account including closing the account. Section 5. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 6. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. This 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 Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED on this 9th day of January, 2018. Page 2 of 3 City of Aventura Resolution No. 2018-_ MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION MEMORANDUM TO: City Commission FROM: Susan L. Grant, City Manage (I BY: Antonio F. Tomei, Capital Proje I Manager t ig THRU: Joseph S. Kroll, Public Works & Transportation Director DATE: December 4, 2017 SUBJECT: Resolution Title 6 Program Update Adoption January 9, 2018 City Commission Meeting Agenda Item 2018 - J Recommendation It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to approve the update of the City of Aventura Title VI Program in accordance with Title VI of the Civil Rights Act of 1964. Background Miami-Dade County was the recipient of federal funds through the American Recovery and Reinvestments Act (ARRA) of 2009. A portion of the funds were utilized to construct three bus shelters and upgrade one bus shelter within the City of Aventura. In order to receive the reimbursement the Federal Transit Administration requires that recipients and sub-recipients of the ARRA funds to comply with guidelines pursuant to Title VI of the Civil Rights Act of 1964. The principal purpose of the Title VI Program is to ensure that nondiscrimination provisions are adopted by the City as they apply to users of transit services. As the City was a sub-recipient we are required to update the Title VI Program every three years. Original adoption of the Title VI Program was made through City Resolution Number 2014 — 35. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO APPROVE THE UPDATE OF THE CITY OF AVENTURA TITLE VI PROGRAM, IN ACCORDANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, AND AS REQUIRED BY THE FEDERAL TRANSIT ADMINISTRATION EVERY THREE (3) YEARS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, funds were provided to Dade County through the America Recovery and Reinvestments Act of 2009; and WHEREAS, Dade County used these funds to construct Bus Shelters within the City of Aventura; and WHEREAS, the Federal Transit Administration requires governing agencies benefitting through use of the funds to have a Title VI program updated every three (3) years; and WHERAS, the City Commission, upon recommendation of the City Manager, is therefore desirous of approving said updated Title VI Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: City of Aventura Resolution No. 2018- Section 1: That the City Manager is hereby authorized to approve the updated City of Aventura Title VI Program. Section 2: That the City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3: That 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 9th day of January, 2018. Page 2 or3 City of Aventura Resolution No. 2018- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 TRANSPORTATION AND PUBLIC WORKS 701 N.W. 1°'Court• 17th Floor MIAMIDADE Miami, Florida 33136 Tel: 786-469-5405 Fax: 786-469-5584 miamkade.gay October 24, 2017 City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Dear Mr. Tomei: In accordance with the Federal Transit Administration (FTA) legislation for sub-recipients of funding received through the American Recovery and Reinvestment Plan (ARRA) Economic Stimulus Grant, 'non-discriminatory use of Federal funds by recipients of FTA assistance including their sub-recipients and contractors is prohibited.' In compliance with the FTA reporting requirements, the Department of Transportation and Public Works(DTPW) Office of Civil Rights and Labor Relations(OCR/LR) is responsible for ensuring that each participating municipality is in compliance with Title VI of the Civil Rights Act of 1964. Specifically,the Title VI Act of 1964 states,"No person in the United States shall,on the grounds of race, color or national origin, be excluded from, participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance". Furthermore, federally supported transit services and related benefits must be distributed in an equitable manner. Your existing Title VI Plan has been on file with the DTPW Office of Civil Rights- Title VI Office since lune 25, 2014. Per FTA requirements your municipality plan must be updated and approved by your governing body every three years. Once your municipality Title VI Update has been approved by your governing body,please submit it to the DTPW Office of Civil Rights Title VI Office as required. Please provide your updated Title VI Plan to the DTPW Office of Civil Rights and Labor Relations Title VI Office( ) no later than Monday, December 18, 2017. Please contact me at (786)469-5473 should you have additional questions regarding this request. Sincerely, Allison Aristide, Manager Office of Civil Rights and Labor Relations C: Municipal File Department of Transportation and Public Works (DTPW) OFFICE OF CIVIL RIGHTS MUNICIPALITY INFORMATION SHEET TITLE VI PROGRAM (FTA C 4702.1B) MIAMI•DADE YEARLY UPDATE COUNTY Municipality Name Aventura Address 19200 W. Country Club D rive,Aventura, FL 33180 Contact Person 8 Title Antonio F.Tomei, Capital Projects Manager Contact Numbers 305-466-8923 e-mail address Fax 305-466-3277 Legal Status of Organization Corporation TITLE VI DEFINITION - Title VI of the Civil Rights Act of 1964 as amended states "No person in the United States shall, on the grounds of race, color or national origin,be excluded from,participation in, or be denied the benefits of, or be subjected to discrimination under any program, or activity receiving Federal financial assistance?' ENVIRONMENTAL JUSTICE DEFINITION- When municipalities plan or program activities that could potentially have a disproportionately high or adverse impact on human health or the environment, recipients should include explicit consideration of the effects on minority populations and low income populations. REQUIREMENTS(FTA 4702.18) YES NO NOTES Title VI statement clearly posted within dwelling or on company website indicating organization's commitment to The Title VI Notice to the providing non-discriminatory services Public is posted in the and how to file a Title VI discrimination Government Center complaint. YES Lobby and on its website Tracking system in place to monitor Title VI complaints, as well as a system in place to monitor active Title VI investigations. YES Does municipality collect demographic data? YES Census Bureau Has municipality conferred with DTPW prior to completing a four factor Transit service in the analysis? City is provided by MDC. If answer is NO,what other ways does Maintenance to existing the municipality provide meaningful City Bus Shelters is access to the population they serve done through resident (provide answer in NOTES section). NO input and City review. Does municipality monitor(every 3 As needs become years)the level and quality of service apparent the City makes within predominantly minority areas to adjustments to address ensure equitable treatment. YES the needs of the general 1 of 3 REQUIREMENTS YES NO NOTES Does municipality have transit related, non-elected planning boards,advisory councils or committees,or similar bodies There is selected by municipality? no transit IF YES, please attach a copy of a table related, depicting the racial breakdown of the non- membership of the committee and a elected description of efforts made to encourage planning participation of minorities on committees boards, or councils. advisory If NO,submit a statement indicating there councils is NO SUCH TRANSIT-RELATED, NON- or ELECTED PLANNING BOARDS, committe ADVISORY COUNCILS OR COMMITTEES. NO es. Does municipality plan to raise fares within the next 3 years? NO Does municipality confer with MDT prior to siting or location of facility (vehicle storage facilty, maintenance facility or operations center)which requires land acquisition and/or the displacement of persons from their residences and The City businesses for which a NEPA process contracts has not been completed? A'facility' out its does not include bus shelters,transit shuttle stations or power substations. NO service. Does municipality confer with DTPW prior to submitting their Public Participation plan? IF YES,does plan include an outreach plan to engage traditionally underserved persons? NO Does municipality confer with DTPW prior to making service adjustments to current system operations? NO Does municipality confer with DTPW The City contracts out prior to making a decision to prepare an its engineering services Environmental Assessment(EA)and an who make Environmental Impact Statement(EIS) recommendations to the when considering new projects? NO City on these issues. 2 of 3 Does municipality confer with DTPW prior to determining whether to notice or involve the public when considering proposed Title VI related programslprojects? YES When considering Title VI related programslprojects, does municipality confer with DTPW to ensure all requirements from(FTA C 4702.1 B)are adhered to prior to completion? YES ADDITIONAL INFORMATION PLEASE ATTACH A COPY OF ALL INFORMATION REQUESTED AND SUBMIT IT ALONG WITH THE CHECKLIST. Please Note that the Municipality is Responsible for IMMEDIATELY notifying DTPW of any changes regarding plans for Service, Fares, Enviornmental Assessments, Sitings/Locations,Title VI Related Programs and Projects prior to rendering a decision. 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manages r I: DATE: December 8, 2017 TO SUBJECT: Disbursement of Police Forfeiture Funds January 9, 2018 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Federal Forfeiture Fund: "Motion authorizing the appropriation of up to $22,500 for a portable traffic signal system from the Police Federal Forfeiture Funds in accordance with the City Manager's Memorandum. If you have any questions, please feel free to contact me. SG/act Attachment CCO1748-17 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Bryan Pegues, Chief of Police �l DATE: 7 December 2017 SUBJECT: Use of Federal 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. Attached is an application to use $18,909.09 in Federal forfeiture funds maintained by the Monroe County Sheriffs Office. The monies were obtained through the Aventura Police Department's participation in the HIDTA task force and became available on 07/15/2017. I am requesting approval for the expenditure of these monies to purchase: 1 Portable Traffic Signal System $22,500 If approved, we will be required to use an additional $3,590.91 from our existing forfeiture fund. Summary SO4 Portable Traffic Signal —The solar powered portable traffic signal system will be used to control up to a 4 way intersection during a loss of power or infrastructure. See attached documentation for further. CITY OF AVENTURA MO /Q POLICE DEPARTMENT MEMORANDUM TO: Bryan Pegues, Chief of Police FROM: Deidre Fogelgren, Commander DATE: December 7, 2017 SUBJECT: HIDTA Forfeiture request Please find attached an application for forfeiture purchase made through the Monroe County Sheriffs Office. These forfeiture monies were obtained through the HIDTA Task Force and became available 07/15/2017 in the amount of$18,909.09. The application is for the use of these funds to purchase a SQ4 Portable Traffic Signal System. The cost of the system is $22,500. If we receive approval from HIDTA for the purchase of this equipment, it will require us to add an additional $3,590.91 from our existing forfeiture fund. Once HIDTA approves the purchase, they will transfer the $18,909.09 into our"616" Treasury account. We will then be required to submit the full amount to the City Manager for Commission approval of use of the funds and purchase. At the completion of that process, purchase can be made. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manager eilks 9. DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement—Aventura Lakes, HOA January 9, 2018 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Aventura Lakes, HOA to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01741-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN AVENTURA LAKES HOA AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Aventura Lakes HOA and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED 0t8- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this Today of Ju . 2017/� by and between gas ^1er oard Pr¢S.t'Ia-,cr_ L/110, (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: .AUg/44ra, cia/ki / s� / NAS of Dade County, Florida, and commonly known as 316 N ✓! 2 (the "Private Roads"). F+ �ura / 8a /! j3 B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWNER/addle- In WNE/dIn the presence of: i It I �J(L-pa T By kura,"""""t'Olt • lP�� '\ NILDA IRIS GONZAL Z-TELLO ;'1 MY COMMISSION#FF1039213 �.rvof/ EXPIRES March 19,2018 °')398-0"3 Por11No1ry5erv1eorn CITY OF AVENTURA, a Florida Municipal corporati• e ATTEST: eI By ,.I .4.4.4••a irr ,y City Clerk City Manager r�-tyvft� Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible,IAventura� Police Officers will patrol the private roads of � uraiat - '� "S - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag- 1ijo' DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Biscaya III Condominium Assoc., Inc. January 9, 2018 City Commission Meeting Agenda Item 57 r RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Biscaya III Condominium Assoc., Inc. to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01744-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BISCAYA III CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Biscaya III Condominium Association, Inc. and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 20 I 8- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 flP TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this'�S d(aay of A u.�sA- . 2017_ by and between fly \01CL G. .n6mtb, 1U.,e PtgSN] tS-INc. , (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: j� , sec, \a CId`� L,O +1l l\ju t�6s1� 1 ` 'Tbyan L5Lk36, 4. aosco \o . C.: ,;,, C' ku,v,The. , �v ( e-Q , ria- -j3k®0 of Dade ounty, Florida, and commonly known as , 'n-c- Cagpp, tMssu ,I,tJ (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWNER: In the s 0of: F c)Celn Ll� C, 1 " c— NAUBB -1\04.1\3„N 15,1R 51.z- By R x,<te CITY OF AVENTURA, a Florida Municipal cor.oration ATTEST: / '�/ By .9 _�%, «mss. City Clerk ty Manager alanT Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of c , _e Tof.on a random basis 24 hours per 2oLtoo .ySO a 2155O U Coo,.r}n CtuP, D� {lam ZZ9 day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Biscayne Cove Condominium Assoc., Inc. January 9, 2018 City Commission Meeting Agenda Item 51--I RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Biscayne Cove Condominium Assoc., Inc. to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01743-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BISCAYNE COVE CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Biscayne Cove Condominium Association, Inc. and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this 2. day of }vgu54- . 2017_ by and between b 'SCG pe. Coke 3or CIa rn n i um 12ISSC.C. I no (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: lQ�(S1 N1= Si eC f3/4A-0 n+-u c( 33/COO ( eI Ei( N t .31 (ft. A-f,cf rt+A rrn , 1-L 331 O of Dade County, Florida, and commonly known as (z, , S c ay ne coy L (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. • 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A"attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 • (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit B° attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Aareement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 • changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Govemino Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11"' Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loth, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OO N �� reof: c r L era Ars. AL.4.47r ..2 • A s 77froi By 9 yP Nnny PUEBc StS of Fbnde (J CdatMa lglesles v�c'!�j MY comm sioo FF 988828 . Exylmon21,2020 CITY OF AVENTURA, a Florida Municipal corporati• • ATTEST: � By 44 aitS_—4‘" ' City Clerk City Mana9r — sin.) ara Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of 16tt-, / Na 31 Cr A n}v,r4 c4 .31b0 19181 _NL 31 et- i1-ae dura, {r-331r°Oon a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. • 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Bonavida Condominium Assoc. January 9, 2018 City Commission Meeting Agenda Item T-1--_ RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Bonavida Condominium Assoc. to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01746-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BONAVIDA CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Bonavida Condominium Association and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Avcntura Resolution No. 2018- PASSED AND ADOPTED this 9'h day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this / day of ,c171- • . 2017_ by and between (a4/.42/M (CO-4 SI..LCAH,$J;OJ/ 466© L (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: #,e © a Co. y CA) (o <b(411e� ��Qv7r , tk 3a IV) /�� of Dade County, Florida, and commonly known as eacSf ROdk. (�o'i11�on ry i �SSDC (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency ti which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. • 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A"attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1)year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. S. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered �OW��NER: In a presence of: 3n4I 6 P s so C 1 � ` / /��,j� `/� i A B /� ! • �. .- a 4'S6"5 CITY OF AVENTURA, a Florida Municipal .rporatio ATTEST: , • By Sti '�� _ p_ r City Clerk City ManagerS- .^ _ - Approved as to Legal Sufficiency: r' City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of rV1d 4 rot. )6 wi 171r141bn a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 • Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag: te DATE: November 29, 2017 Is SUBJECT: Traffic Control Jurisdiction Agreement— Eldorado Towers Condominium Association January 9, 2018 City Commission Meeting Agenda Item Jr.T RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Eldorado Towers Condominium Association to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01738-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN ELDORADO TOWERS CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Eldorado Towers Condominium Association and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this I3 day of NAV S) . 2017_ by and between E‘ dor ado -R1A..e1s Qorob 1"li(11 i,cnn a s S OC . , (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: 8 I (tract TOuuere 3fyri5 NI. Cotta- br (Bys 4) -11 3(1)2x0 IJ./�0o Dr. (Naj�e of Dade County, Florida, and commonly known as N• 0_2149 \ I(..t bv I v-o (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A"attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit HATM, the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and •or ered OW �> : 4 In the presence Al ' dt . V ii>' &1 r.6, c Ar By Sean06tba,1 60,>,ues,...n•...4 ...o.,.,,r., 61.0Z'et WV SMildX3 $. 6956ILi!4 NOISSIn voo All VIDHYO V3INOW . CITY OF AVENTURA, a Florida Municipal orporati•n ATTEST: � i By v/.. .rte— an— ' - • City Clerk City Manager St aa,1t- Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible,/�Aventurraa/Police Officers will patrol the private roads of Ourryi4l tub LJ� - on a,random basis 24 hours per S2 ftt'ncl lot EI dor ) day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag:till DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement- Ensenada Condominium Association, Inc. January 9, 2018 City Commission Meeting Agenda Item 5-le-- RECOMMENDATION ILRECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Ensenada Condominium Association, Inc. to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment cC01747-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN ENSENADA CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Ensenada Condominium Association, Inc. and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No.2018-_ PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this 8 dayofAu5ruc+ . 2017_ by and between Ensenada Coveh,n.n: /1SSOr:q Trartt Inc. (the "Owner') and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: 390/ god 3Y75 Al Cowl-fey C.luL Dr, ve of Dade County, Florida, and commonly known as -44444 E✓r$I?n4dq Condo oz'a,utn (the "Private Roads"). 3`/01- 3975 A/ (Dua+ry Club Dr/ Avptfww, PC, 33/8'0 B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A"attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit'B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWN In the prese • / /i 1 C7/'�-- c,�P,S..;rpp 4 GV I .o 6.0/1-8/t'o By C-Lfvic*aa o-- 611100 E OOROILLO M7 COMMISSION F15.2071 EXPIRES Sat 15.m19 mon 0153 na.r.,,.,,,,.,,,,, CITY OF AVENTURA, a Florida Municipal co 'oration ATTEST: 404,-Ari By 1 A. City Clerk ity Manager SSat) (Iran !y Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of 3` 0143475 N. Count? CIA Dr:ve - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission ill " FROM: Susan Grant, City Manager I, DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Flanco Condo Association, Inc. January 9, 2018 City Commission Meeting Agenda Item J L RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Flanco Condo Association, Inc. to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01739-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN FLANCO CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Flanco Condominium Association, Inc. and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No.2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made(�and entered into this-3day of . 2017_ by and between -��{\COCp('& kj.,OU , , 4s t to N -0 T au142_4a. (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows:. vvco Cx:jt cc — h L a,�p( 4 -Tb ikro • . Mirk of Dade County, Florida, and commonly known as-Cm 'cLif fc_6t?S W€kf2 ) (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A"attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit'B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11`" Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWNER: In the presence of: P )KA. -wee _trvc Q C'"xon ' L I By ; bbili A __ v LYWa Nixonow`` NM.ryPune' /IFFM071 1a10. bpkr0917/2020 CITY OF AVENTURA, a Florida Municipal corporation ATTEST: / By 4_ _ a '�.!T ,Ll . V. City Clerk City Manager St.45a,n (-'1fd_nrt Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol (W�hen possible,_ AventurafPolice Officers will patrol the private roads of 'C �0Y C Cv1U�U . . __0 uB }o4-)Gcndom basis 24 hours per 1Q \&. -0 . day. Whenever possible,Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag; DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Lincoln Pointe Apartments January 9, 2018 City Commission Meeting Agenda Item I RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Lincoln Pointe Apartments to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CCO1730-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN LINCOLN POINTE LJCAL LLC AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Lincoln Pointe L/Cal LLC and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this JO day of Tuly . 2017_ by and between V-Zin Col r[ e,%(\ U 1-J God U-C_ (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: 1'� 7poi-34.�".it IO1" int' F-�CCIY\�Ul. • Ac14nsss4o £.ncjuc&_ . t-,get 0.1Z 1-1o,>7c tart va4c4, to $4,0 ue 3l*c4, in tato u t=_%ta'cA-, t, 9n u a6V°- c -- of Dade County, Florida, and commonly known as L:ncric oi.,rnl.e_ (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/l00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWN€R: In the pres of: (lei-, ��•.. — bl� I Cd KA_ C WO-a-, r l� cera° Davie 1Vo.CLn . n/0th STATE Plat cdn?oLaLICA- .c F Come FF999494 By Expires 7/5/2020 CITY OF AVENTURA, a Florida Municipal corporation ATTEST: By 1/44 .t. T., City Clerk City Manager Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of k acar�`I�,'n�,Qr 1.4[nl 1.S-L - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage 1) 3 1 % DATE: November 29, 2017 • SUBJECT: Traffic Control Jurisdiction Agreement— Mystic Pointe Master Association January 9, 2018 City Commission Meeting Agenda Item ti <J RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Mystic Pointe Master Assocation to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01733-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN MYSTIC POINTE MASTER ASSOCIATION AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Mystic Pointe Master Association and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 oft TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this�yday orfs Q , . 2017_ by and between 4flL ' R lM i 7 , a41t ndgRJ uG ( /Qvu (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: p t �Ld N t f 4/�b �d A Do diuQAp 0 tA/U7/�A f rn4lM e, ( ( kfrA (,[, . 91.t 19 I 4 `41 3(t-ik ! of Dade County, Florida, and commonly known as I ,Pt, Dl . (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/I00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency af.which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. • 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement) •, sealed - • • delivered 0W7,11R:/ / ' In the • -sense of: � �/ ( v .. .. Sii� -I! By IhK4 41f r or CITY OF AVENTURA, a Florida Municipal corporation ATTEST: , By / �/AV • ar% City Clerk City Managern gyart Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible,, Aventura Police Officers will patrol the private roads of ' fri YI.U/h )(Y) Jon a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Parc Central Aventura South Condominium Association, Inc. January 9, 2018 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Parc Central Aventura South Condominium Association, Inc. to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01729-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN PARC CENTRAL AVENTURA SOUTH CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Parc Central Aventura South Condominium Association, Inc. and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this day of AIM—. 201Th-(‘‘. _ by and between kh '. Cyn-4CO3,� Av04. A So µ Ci ✓de ,., , Asso c:,<-H on, S.-c • (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: 3300 t-)C S4- H.»h2,c..- a 33kgo of Dade County, Florida, and commonly known as Taic (the Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of.which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 • • (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 • shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWNER In the preseX -Vara 18bor) 4116wr 1C—: By Gory Me Ilan 13 card Pratoten -j--- �°'�••` WILMAPEREZ awir , MYCOW4SSION tFP0711dS ATSP?4EXPIRES:December 12.617 Ra'ye exeeefMueuep NIWYSerW �nn .Ptd MOaAVENTU• .rida �-•T' Municipal corporatie ATTEST: / , ' By (.:.�I "r .c ��..�. City Clerk City Manager c �/� J� eas-7- Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of Parc ('.rnIral/.}✓.wnhLrat &X4-kion a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission i FROM: Susan Grant, City Manag- 110 .111 DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Parc Central East January 9, 2018 City Commission Meeting Agenda Item '31-" RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Parc Central East to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment 0001727-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN PARC CENTRAL EAST AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Parc Central East and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT isfmade andccentered into this L day of IV,, �J . 2017_ by and between Paa-rc (oak\ &s (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: 33mo tua loll Sf of Dade County, Florida, and commonly known as Bpc\c Ctn� e a l �rs� (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. r � Signed, sealed and delivered 0 lira- l In the presence of: � �►ii4�� Eagrn �� By -w04S n4147 OS.„.. 8N1I11VNC Wet 9i- S. • * EXPIRIS:M y s20Sop, Ambsinn NNNry Sinks CITY OF AVENTURA, a Florida Municipal corporation , ATTEST: By l i Oa City Clerk City Manager S+-.Lia-n Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of 3I(�O S300 QJ,B , (AJ, sit Lt��iG, on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission 41 FROM: Susan Grant, City Manage it, DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement- Point East Condo January 9, 2018 City Commission Meeting Agenda Item 5-4) RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Point East Condo to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01735-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN POINT EAST CONDO AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Point East Condo and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered int pp a/day of 17/.e_ 2017_ by and between cfoy,kp E A+3�t t\Wo." o(,, L- Efilc C0 \j1w)C . (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: et) ( wL f c C O rlp_ of Dade County, Florida, and commonly known as PC IA fps ("-- 'VL)At bt_ Mu&toSpt (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificat a e of Insurance evidencing compliance with the provisions of this section. s2 - d . EXECUTED as of the date first above written in several counterparts, each 8 1E- 111 4=h3kje; < aU ch shall be deemed an original, but all constituting one Agreement. z' lo F �i' ed, sealed and delivered OWN ( A e pr-sence of: / f V �, E Geyy�yt tSg E o �. _ 4, % / Jw/cr v, g f�brrr:6e b.Jrremc 64,,b0/9 ,17/ 6'095 m $ _ • • d ehno srhaS Jnr'/Jf' wr i�7 4Jna,vn h Al Ci rG, [,114/70 9,44711,�e mc, ,4ya,e 'f,9 ,,I1a, JU/cYA /ol,,,r, _ ./A. Cpfn,-,,, ,,.110 not y: #ria J,/sorrnv ,a6i � air 4 0 6. r ..,c ^lance 71,9). ,,.,.',.i /° /,� y,/y. /14.na dc/(Crena ? 4N 6/4 CITY OF AVENTURA, a Florida Municipal corporation ATTEST: / � " ' By 'err . • •a,y, ,_ . City Clerk City Managerat ,ate Approved as to Legal Sufficiency: V� City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of Z {-e , �'p L.-7c o , - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 • Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage OhDATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Point East Condo Corp. Three r� January 9, 2018 City Commission Meeting Agenda Item -) 1\ RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Point East Condo Corp. Three to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01736-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN POINT EAST CONDO CORP. THREE AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Point East Condo Corp. Three and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi _ Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this2 I day of Tuve . 2017f_ by and between geoi¢.ge £ Sed&t Q — Ya¢si &e.J Cot? ±ItieE (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: PoCPrsCo ,vA0. of Dade County, Florida, and commonly known as es f Asl-PQ)4/4_ aPV a1,i— (\A-tiwS (the "Private Roads°). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/I00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 • changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. 3 e m ' coEo I I � EXECUTED as of the date first above written in several counterparts, each -f gi z s g 3LL ".,'m a : which shall be deemed an original, but all constituting one Agreement. § 124 ig< q I2S 2 Signed, sealed and delivered OWNER �JJ; ,3 ••°"vy, Nn the presence of: (�'°^"� qr 4a_ its ii �og i� hic60,/l iIii1. Swen/ 74, Af 6,,ry,dC Je,4i me 61 •,5.•.— •r � 6rcyr./rJQi,ci / 4r,pp r.ti7 ../)9nrc/an tiPerI J4 A42ik,fiGl rf;N✓r0 k o,fo.vei o ron., 6r ' r e• �da5/ft lllo . £wcrn4 3./adxr(a9�1Coime4....cac✓�/%fnr✓ �jc 'y: '��ns4194Fn,w i/1//v 1.1 a. -th het r Ili int) heite-te int ci 23 dor gine, 70> yrr7ec */%/fn.un74mC h c7(/y: 1-/Ena e/,h,r.r+a A-47Z Via CITY OF AVENTURA, a Florida Municipal orpora •• ATTEST: By hidLA______I City Clerk City Manager ' 5a_en Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of Q0 - e st Cot/4o - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag= 1 , A, DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Portsview at the Waterways Condominium Association January 9, 2018 City Commission Meeting Agenda Item 5 RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Portsview at the Waterways Condominium Association to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01728-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN PORTSVIEW AT THE WATERWAYS CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Portsview at the Waterways Condominium Association and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this 2 day of November. 2017_ by and between Portsview at the Waterways Condominium Association (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: 3630 Yacht Club Dr, Aventura 3620 Yacht Club Dr, Aventura 3602 Yacht Club Dr, Aventura 3598/3600 Yacht Club Dr, Aventura 3640 Yacht Club Dr, Aventura 3610 Yacht Club Dr, Aventura of Dade County, Florida, and commonly known as Portsview at the Waterways (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/l00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and d livered e 11 ER: In the presence of: Mita nrilliM -tel�/�1q�/ sN:f.S WILLWA H.ARCILA BY �I(AIe fe C LY1 ��®j` An rnuuiccinu.Gr Q49e2J Y/-.� 1 ,- � 1Ti+ . EXPIRES.August 9,2020 I kfavelC- p _ "eoe P.°P Boded lbw 0u]gel Notary Services f •�"" I V" CITY OF AVENTURA, a Florida Municipal corpora ATTEST: / By AaIfi City Clerk City Manager \34SO-r) Grainer Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol WhenlIpossible, Aventura Police Officers will patrol the private roads of -1 letAJ ad 4k zap - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission ' FROM: Susan Grant, City Manag� � �/ DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Promenade at Aventura Apartments January 9, 2018 City Commission Meeting Agenda Item ;7c RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Promenade at Aventura Apartments to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01745-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN PROMENADE AT AVENTURA APARTMENTS AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Promenade at Aventura Apartments and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this ay of .%M- . 2017_ by and between cfflx (34 Neal STn 'PQac-'1rnks (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the „City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area d ribed as follows: trr(CCIC Cr )eY QCI I C3F0 . C90(30-72 Gc._*) DC • of Dade County, Florida, and commonly known as ?Q O th 1- a k W LP A+v A (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/I00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered 0 R: Inch r en _. ,_ „!lia_ caiAnry Dircgon + Pcur By CITY OF AVENTURA, a Florida Municipal .'poration ATTEST: By Lai 1#) E rivan 7R . City Clerk City Manager 3 ( 'an Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of trat cit -ikon-pet on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 FLORIDA SHORT-FORM INDIVIDUAL ACKNOWLEDGMENT F.S.695.25 zc.�v.€-(u�^r.C.craccroac oncrtPscs-scif..v rssS.ecchefr S<C.croctate rcC,sXa2Y'cYtitacCs.T-ckarrO ctcrUcOorawds State of Florida '(�) County of „„_%r The foregoing instrument was acknowledged K S� before me this day Date of Sey>4•.,w Orer,7 Month Year by Name of Person Acknowledging who is personally known to me or who has produced Fl Type of Identification as identification,' Alt MHNRND botaryARIO Pu011oS -EStatNe of FIEZorld, •i N Commission k FF 178323 Signatu No ry ubl' -'^ ,,s5My Comm.Expires Nov 20.2018 �/ �nte cc •a.✓/3.n,At, Name of Notary Typed, Printed or Stamped Place Notary Seal Stamp Above Notary Public — State of Florida OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: /12°/2/4:1c- �``� L ""'s � �`� /et) re e'•^"'. Document Date 1/47 7 Numberiof Pages/: Signer(s) Other Than Named Above: --- x..cres^r±Vu�`s-' - °a' _r. "a.. .c ar -a.. '+ - 'ez5c&W..c�w.^ct:,ciCi,L0cF:ay' ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5181 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag:r1i0r DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Southview at Aventura Condominium January 9, 2018 City Commission Meeting Agenda Item . u RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Southview at Aventura Condominium to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01726-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN SOUTHVIEW AT AVENTURA CONDOMINIUM AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Southview at Aventura Condominium and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Avenlura Resolution No. 2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this Inn day ofSPrIiinJ(C 2017_ by and between S a1A� hv,,P� &* Auto n-ktrq ` g11abminc U✓v (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: S WO NE / qa s -F- (1- /e.n4.cra no g,, <La 3 a I t D 3350 NE /9a SI- fl n4tlra -lor;cJlq 331 V of Dade County, Florida, and commonly known as Sc til view Ai A-/Q n-Ri rc, Con4 (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 • (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit"B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11"' Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWNER: U.L��^ In the presence of: / , �p • ..tors (.',. li :� , .ate •..• • .1./,il/t, /I "�7 By 4P ,A ' d 7� c _g_ \ , 4: .�an�wm 'll- -4� Ec ar�rsmr17 y EXPIRES:00Th/10.2017 1 Win Nei°Minders 1 CITY OF AVENTURA, a Florida Municipal co 'oration ATTEST: / � BYtys .,� City Clerk City Manager G,ea-n Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura (Police Officers will patrol the private roads of 3J� Sa /06 / Ya s f' flife 4ura UL bona random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage11,If DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement—Venture at Aventura Master Association January 9, 2018 City Commission Meeting Agenda Item 5 RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Venture at Aventura Master Association to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment cc01740-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VENTURE AT AVENTURA MASTER ASSOCIATION AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Venture at Aventura Master Association and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENTI THIS AGREEMENT is madeandentered� _ into qt.-6 this 4 day of 4u y t . 2017_ by and between d/e n fe (f t Anabtfl ' M iI Asguta1`1� (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). r RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: 4A / air P gai-4 iT3o o Al wa0(4111tge TpJ\I\ al- AokAttta V\ketA o of Dade County, Florida, and commonly known as v€y(y-t vt 01fx1 „,1`tn (the "Private Roads"). a rd Ct B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/I00 Dollars ($1 .(30) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit"A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, se• -e and delivered OWNER: eJ Int •a Ire. 4••••---�S fcsii 44, vftiv 609 13-e6��s" fie Uel .:I/A% By�CZC_YIa DIA ea ii0IC_ " • ,'s :.ELADIA2 .m¢.Stale of Floelea Expires Jul 13.2016 Tv'.vision f FE 111291 CITY OF AVENTURA, a Florida Municipal corporation ATTEST: OF i BY •1/•____ City Clerk City Manager 5 sin aa_..nfi Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of ISoomgacihoui t22lSU IPA on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manage/4� DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Villa Dorada Condominium January 9, 2018 City Commission Meeting Agenda Item 5 VI RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Villa Dorada Condominium to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01732-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VILLA DORADA CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Villa Dorada Condominium Association and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No. 2018-_ PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this ZIP day of . 2017_ by and between V � � ��RA C u t vt ok/ , (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: of Dade County, Florida, and commonly known as Ik)h toRP A e Coad^im °tp (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/l00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "13" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11`" Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 • shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered •W. ER: In the presence of: V LC � Zt�, �m�'7 -- ��A RSI-Qw`r�Ok( du A* By c -F� CONMpK •P t, noisy la•$1111111:14. M ibia4 °"• -�•Sa2 ei ny c .�.��e o�� r ' L,.-AA 4SCIYLt Commnn/ri 10224 l ,"" W 414 IadllyMmi llilay!WryNis_ CITY OF AVENTURA, a Florida Municipal corporation ATTEST: 4.S By '•'- ^. ati �. City Clerk City Manager Su 50....) t Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol \When possible, Aventura Police Officers will patrol the private roads of - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag• Xla 11 DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Village By The Bay Condominium Association January 9, 2018 City Commission Meeting Agenda Item 'J X RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Village By The Bay Condominium Association to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CC01737-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VILLAGE BY THE BAY CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Village by the Bay Condominium Association and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No.2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this City of L`\ . 2017 by and between A11E 6'( T%IE Oct( con.1Oo $ antur& 1kSSoctPsgrJ (the "Owner') and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: \J LLfgterE (3`(11E 321 S Sf (8`i"t Si-• (9ucram 0$ A- 33(60 of Dade County, Florida, and commonly known as \) ILLI9L,E f3'-( T1•Lt Q19q (the 'Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency pf.which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signe led and delivered OWN /rnAe�;kkrice of: i Wir Me i ,�y, Byl '/ewerj le6"r- ✓P yy'pyy4 Marisa Herrera b. wF Coboes:May I,202ssion i 81fi Booded tiny Amon Notary CITY OF AVENTURA, a Florida Municipal corporation ATTEST: / at, BY • iaa.[ ' ..7S' E •C!ra,5w eti -. City Clerk City Manager St4504-1 (�-6_,/ Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of �luflltE 4'1 THE Q 1 - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Susan Grant, City Manag=�r.Ir• � DATE: November 29, 2017 SUBJECT: Traffic Control Jurisdiction Agreement— Williams Island Property Owners Association, Inc. January 9, 2018 City Commission Meeting Agenda Item 51 RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Williams Island Property Owners Association, Inc. to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND As previously discussed, the Police Department is in the process of updating the Traffic Control Jurisdiction Agreement with the various communities in the City. The original Agreement was entered into in 1998/99. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner the cost for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. SG/act Attachment CCO1731-17 RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN WILLIAMS ISLAND PROPERTY OWNERS ASSOCIATION, INC. AND THE CITY OF AVENTURA; 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 to execute the attached Traffic Control Jurisdiction Agreement between Williams Island Property Owners Association, Inc. and the City of Aventura. Section 2. The City Manager is hereby 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman City of Aventura Resolution No.2018- PASSED AND ADOPTED this 9th day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENTIis made and entered into this.?day of .-r,‘„, . 2017_ by and between iul�U(61i1CAS oRM �W/1QRSCt Ul1 T(I(, , (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City") RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: e6 CJ ;gn C , inCAAALLl Qleea - '(cyn hu1 31Tco - 40 ton{ (4' VJiUicros zed of Dade County, Florida, and commonly known as (/.)II dvry6 Ts_46,v-d • (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and the City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/I00 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Reditals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) The City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing in this Agreement shall require, authorize, or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate the City only for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto. So as to assure full reimbursement for costs incurred by the City, as determined by the City, on the 15th day of each month, the City shall invoice Owner for services provided in the prior month. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof. This Agreement shall thereafter automatically renew for successive one (1) year terms, unless terminated by either party upon written notice to the other party, given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be 3 changed, altered, or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Miami-Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and 4 shall provide for thirty (30) days' prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWN Rt �ha� In the presence of: ((��tl. CAnee(he nlaewt By �f$A , µ+'"^'!ye}. CATHERINE MARTINEZ 16,: Il0�oJ MY COMMISSIONYGG1058335 EXPIRES May 1),2021 CITY OF AVENTURA, a Florida Municipal corporatio ap ATTEST: A By ,slM•,%S City Clerk City Manager , ) dia.--fi Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol When possible, Aventura Police Officers will patrol the private roads of �i\l Qms �land l31i0l - on a random basis 24 hours per day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in Accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner the current off duty rates as set forth in the existing PBA contract for requested off duty traffic enforcement details. A minimum employment period of three hours will be guaranteed per requested assignment. 7 CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION MEMORANDUM TO: City Commission FROM: Susan L. Grant, City Manager 1640 BY: Antonio F. Tomei, Capital Projec s ager THRU: Joseph S. Kroll, Public Works & Transportation Director DATE: December 18, 2017 SUBJECT: Recommendation: Bid No: 18-11-15-2 NE 188th ST & NE 190th ST Seawall Restoration Improvements January 9, 2018 City Commission Meeting Agenda Item 2018 - j 2 Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 18- 11-15-2, NE 188th ST & NE 190th ST Seawall Restoration Improvements to the lowest responsible and responsive bidder, Jones Benitez Corporation for the price of $896,570.00. This project will be funded by the General Fund and Stormwater Funds. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on December 11, 2017. The City received the following eight (8) bids for this project: Jones Benitez Corporation $ 896,570.00 Innovative Masonry Restoration, LLC $ 946,039.90 Inland Construction and Engineering, Inc. $ 988,252.50 Structural Alternate $ 993,793.00 Intron Technologies, Inc. $ 994,038.32 Kiewit Infrastructure South Co. $1,060,032.00 Structural $1,102,793.00 Coastal Gunite Construction Company $1,304,007.10 The Work involved with the Project will include, but may not be limited to, the furnishing of all labor, materials, tools, equipment, machinery, superintendence, mobilization and services necessary for the restoration of the seawalls adjacent to City facilities on NE 188th Street and NE 190th Street. The original budget for this project and N.E. 213 Street Seawall was $1,280,500. The difference in funding of $680,000 will be included in the mid-year Budget Amendment, by reappropriating funds from the General and Stormwater Funds. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2018- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 18-11-15-2, NE 188 STREET AND NE 190 STREET SEAWALL RESTORATION IMPROVEMENTS TO JONES BENITEZ CORPORATION AT THE BID PRICE OF $896,570.00; 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. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 18-11-15-2, NE 188 Street and NE 190 Street Seawall Restoration Improvements; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Jones Benitez Corporation submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA THAT: Section 1: The bid/contract for BID NO. 18-11-15-2, NE 188'" Street and NE 190'h Street Seawall Restoration Improvements is hereby awarded to Jones Benitez Corporation in the amount of $896,570.00. City of Aventura Resolution No. 2018- Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: The funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from General Fund and Stormwater Fund. Section 5: This Resolution shall be 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2018- PASSED AND ADOPTED this 91" day of January, 2018. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 SECTION 00410 SCHEDULE OF VALUES BIDDER'S COMPANY NAME: Jones Benitez Corporation Time to Substantial Completion: 150 calendar days upon issuance of the Notice to Proceed. ** Time to Final Completion: 30 calendar days. TOTAL CONTRACT TIME= 180 CALENDAR DAYS. N.E. 18? Street Seawall Pay Estimated Description Unit Unit Price Extended Price Item Quantity 100 I General Conditions, Mobilization,Maintenance of LS Traffic and Restoration $ 60,000.00 $ 60,030.00 101 540 Full Depth Concrete Cap Replacement @ Piles CF 5 30400 $ 162,000.00 102 75 Full Depth Concrete Cap Replacement between CF Piles 5 600.0015 45,000.00 103 28 Conventional Concrete Cap Partial Depth Repair CF 5 600.00 $ 14600.00 I 104 20 Concrete Cap Epoxy Crack Injection GAL 5 250.00 5 5.000.00 I 105 12 Panel Epoxy Injections GAL 5 650.00 $ 5.600.00 1 106 4.22 Pile Reinforcing Ton 5 6,000.00 s 16,660.00 I 107 0.27 Pile Shear Friction Dowels Ton s 400000 5 8100.00 108 869 Pile Concrete Pour CF $ 300.00 5 10.70.00 I 109 23 Conventional Pile Repair CF 5 r00.a0 5 6,900.00 I 110 1.0 Seawall Cap Reinforcing Ton 5 v.000.ro s :,030.00 1 III 360 Cathodic Protection Integral Pile Jacket, Structural LF $ 350.o0i s 126000.00 112 30 Conventional Concrete Panel Repair CF s 350.00 s 10,500.00 I 113 I Complete Concrete Panel Replacement Panel 5 1200000 $ 81,000.00 1 114 22 Anchor Pocket Repair CF s 50000 s 13,200.00 115 34 Removal of Existing Wooden Pilings EA s mom s 6,s00.0l I 116 4 6'x 6"Wooden Posts EA s 200.00 S 300.00 1 TOTAL COST N.E. 1StSTREET SEAWALL I f 5772,140.00 1 • N.E. 188'h Street&N.E. 190th Street Seawall Restoration City of Aventura Bid No.18-I 1-15-2 CTA Project No. 01-0103.238 and 01-0103.239 00410-4 N.E. 190th Street Seawall Pay Estimated Description Unit Unit Price Extended Price Item Quantity 200 I General Conditions, Mobilization,Maintenance of LS Traffic and Restoration 5 x0,00.001 5 x0,000.30 201 45 Full Depth Concrete Cap Replacement @ Piles CF s 300.00 $ 13500.00 202 0.00 Full Depth Concrete Cap Replacement between CF Piles I 203 70.0 Conventional Concrete Cap Partial Depth Repair CF $ 0040.$ +2,00.0 I 204 0.40 Concrete Cap Epoxy Crack Injection GAL 5 130.00 5 loam I 205 0.00 Panel Epoxy Injections GAL s - I 206 0.5 Pile Reinforcing Ton 1 207 0.03 Pile Shear Friction Dowels Ton 5 mama s 240.00 1 208 96.3 Pile Concrete Pour CF s 300.00 $ 28.e40.0 209 11.0 Conventional Pile Repair CF s 30.0 s 3,300.0 I 210 0.2 Seawall Cap Reinforcing Ton s 200.0 $ 400.0 211 40 Cathodic Protection Integral Pile Jacket, Structural LF s mw s 14000.0 TOTAL COST N.E. 1906 STREET SEAWALL 5124,430.00 TOTAL COST N.E. 1886 STREET SEAWALL AND N.E. 1906 STREET SEAWALL $ 896,570.00 ** Work on the NE 188th Street seawall shall occur only between June 8, 2018 and August 17, 2018. Pay Item Notes Contractor shall furnish and install all items, and provide work for all items described in Schedule of Values. • N.E. I880i Street&N.E. 1906 Street Seawall Restoration City of Aventura Bid No.18-11-15-2 CTA Project No.01-0103.238 end 01-0103.239 00410-5 MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES,INC. Date: December 13,2017 To: Antonio F.Tomei, Capital Projects Manager Department of Public Works/Transportation From: Peter W. Aquart, PE,Consulting Engineer Reference: N.E. 188th Street and N.E. 190th Street Seawall Restoration Bid Number 18-11-15-2 We have reviewed the results for the above referenced request for bids. The following seven (7) contractors submitted a bid: • Inland Construction& Engineering, Inc. • Coastal Gunite Construction Company. • Intron Technologies, Inc. • Innovative Masonry Restoration, LLC • Structural Technologies • Kiewit Infrastructure South Co. • Jones Benitez Corporation Enclosed is a bid tabulation spreadsheet showing all of the individual unit prices and the extended prices for each pay item. Note: Structural Technologies submitted an alternate bid together with a bid per the requested schedule. The apparent low bidder is Jones Benitez Corporation. Jones Benitez Corporation is a responsive and responsible bidder that has done work for the City. We recommend awarding the contract to them for the total amount of$896,570.00. If you have any questions or require any additional information, please call. 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E ' - -* o re 000 o P - o < m OP Cra 0 anO p 14 ".E 3086080 - `" "' d "' = kf - d 8 o H o 388 ' 802 = f y_ _ - - - .•• P.= N N 04 04 N 04 01 04 N 01 04 CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: City Commission FROM: Susan L. Grant, City Manag:i1td BY: Ellisa L. Horvath, MMC, City Clerk s DATE: December 19, 2017 SUBJECT: Ordinance Calling for a Special Election for Consideration of Amendment to the City Charter First Reading - January 9, 2018 City Commission Meeting Agenda Item —j Second Reading - February 6, 2018 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached ordinance calling for a Special Election on August 28, 2018, for consideration of an amendment to the City's Charter. Background At the September 14, 2017 Commission Workshop Meeting, then Vice Mayor Howard Weinberg suggested that a Charter amendment be considered to determine if a term- limited Commissioner should be allowed to run for the Mayor seat. After consensus was received by the Commission at that meeting, City Attorney David Wolpin presented draft language at the October 19, 2017 Commission Workshop Meeting and further clarification to that language at the November 16, 2017 Commission Workshop Meeting. The Commission provided consensus at the November 16, 2017 Commission Workshop Meeting to proceed with placing an ordinance with the proposed language on the Commission Meeting Agenda. In accordance with F.S. 100.151, the City Clerk must request consent from the Miami- Dade County Supervisor of Elections prior to the first reading of an ordinance calling for a special election. As such, approval was requested on December 13, 2017 and approval was received on December 14, 2017 from Christina White, Miami-Dade County Supervisor of Elections, for a special election to be placed on the August 28, 2018 Countywide Primary Election Ballot. Please contact me should you have any questions or need additional information. 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 AMENDMENT TO THE CITY CHARTER TO BE HELD ON TUESDAY, THE 28111 DAY OF AUGUST 2018, IN CONJUNCTION WITH THE COUNTY-WIDE PRIMARY 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 Mayon 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 confined. 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 "lilection and City of Aventura Ordinance No, 2018- Term of Office,' by amending paragraph (c) "Limitations on Lengths of Service,' to read as follows:1 • Section 2.03.-Election and term of office. (a) Election and term of efice_ Each Commissioner and the Mayor shall be elected at-large for our year terns 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 he extended as necessary to accomplish the election date revision made pursuant to Charter Section 5D I (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 I.3 and 5 which would otherwise expire in March of 2011. shall instead expire in November 2012. (c) Limitations on length of service. No person shall serve as Mayor for inore than two consecutive elected terns. No person may serve on 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 ofoflice of Mayor and/or Commissioner as produced by the election date change provided by Charter Section 5.0 ti(c)(ii), and except for those persons who are elected to the Office of Mayor after serving two consecutive terms as a Commissioner(the "fern 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 MU't is not required to have a our-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 Reser to Run law (Section 99,012,.5.), and may serve as Mayor for up to Iwo consecutive terms. Any person serving the maximum amount of time as a combination of Mayor and Commissioner inust 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 exceed the limitations on service set forth in this paragraph by any length of lime 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 2811' day of August, 2018, in conjunction with the county-wide primary election, to Proposed additions to existing City Charter text arc indicated by underline, proposed deletions from existing City Charter text are indicated by trikethrough. Page 2 of 7 City of Aventura Ordinance No. 2018- 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 Ordinance shall be substantially as follows: CITY OF AVENTURA CHARTER AMENDMENT ELIGIBILITY TO SERVE AS MAYOR AFTER SERVICE AS COMMISSIONER In an effort to assure a continuity of experience in City government, and enhance the ability of the voters to elect an experienced Commissioner as Mayor, 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 Charter amendment be adopted'? YES I ] NO I I Section S. Balloting. That voting shall be conducted for this special election on August 28, 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 hooks shall remain open at the Office of the 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 Page 3 of 7 City of Aventura Ordinance No.2018-. 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, P.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, July 22,2018), and the second publication to be in the third week prior to the election (to-wit: during the week commencing Sunday, August 5, 2018), and shall be in substantially the following form: "NOTICE OF SPECIAL FLECTION PUBLIC NOTICE IS HEREBY GIVEN TIIAT PURSUANT TO ORDINANCE NO. ADOPTED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA (THE. "CITY") A SPECIAL ELECTION I IAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, THE 201 DAY OF AUGUST 2018. IN CONJUNCTION WIIII THE COUNTY-WIDE PRIMARY ELECTION BEING IIELD ON SAID DATE, BETWEEN THE HOURS OF 7 A.M. ANI) 7 P.M., Al'' WHICH TIME THE FOLLOWING CHARIER AMENDMENT PROPOSAL SIIALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF T'IIF: CITY. CITY OF AVENTLJRA CHARTER AMENDMENT ELIGIBILITY TO SERVE AS MAYOR AFTER SERVICE AS COMMISSIONER In an effort to assure a continuity of experience in City government, and enhance the ability of the voters to elect an experienced Commissioner as Mayor, the City Commission proposes that the City Charter be amended to enable tern-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. Page 4 of 7 City of Aventura Ordinance No.201%-_ Shall the above-described Charter amendment be adopted? YES F NO [ 1 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. Thal 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 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 Page 5 of 7 City of Aventura Ordinance No.2018- and after May I, 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 Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. "Ihe motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. f.inda Marks Commissioner Gladys Mczrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman Page 6 of 7 City of Aventura Ordinance No.2018- PASSED AND ADOPTED at First Reading this 9" day of January, 2018. PASSED AND ADOPTED al Final Reading this 6'1' day of February,2018. ENID WEISMAN, MAYOR Attest: ELLISA L. I IORVATH, MMC CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 7 of 7 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City Manager BY: Brian K. Raducci, Finance Director DATE: November 3, 2017 SUBJECT: End of Year Budget Amending Ordinance — FY 2016/17 1st Reading November 7, 2017 City Commission Meeting Agenda Item 2nd Reading January 9, 2018 City Commission Meeting Agenda Item 8 RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2016/17 budget. BACKGROUND At this time of year, the Finance Department is preparing the City's financial records for the FY 2016/17 year-end audit. Now that most of our year-end adjustments have been made, we have the necessary information to formally amend the FY 2016/17 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 2017 and January 2018 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 (as is consistent with past practice) will not occur until January 2018 as there is no December meeting. The ordinance however will appear on first reading prior to the November 29, 2017 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In some cases, associated revenues may be increased to satisfy the related expenditure overage. Listed below is a summary of the amendments for the City's General Fund, by department and the underlying circumstances that support each recommendation. 1 Hurricane Irma Budget Impact Due to the circumstances created by Hurricane Irma in early September 2017, the City incurred/will incur many expenditures that were not budgeted in either the FY 2016/17 or FY 2017/18 Budgets. As a result, this budget amendment will only amend the FY 2016/17 Budget for Hurricane Irma-related expenditures that the City has or expects to incur through September 30, 2017, (i.e., overtime, debris removal, emergency repairs, etc.). In addition, the FY 2017/18 Budget will need to be amended at a future date (mid-year budget amendment — March 2018) for additional debris removal, emergency repairs, etc., that were or will be incurred on or after October 1, 2017. Although we anticipate that the City will be reimbursed for much of the Hurricane Irma-related costs through a combination of federal and state aid and insurance proceeds where applicable, we will utilize funds from the Hurricane/Emergency Recovery Operating Reserve (the "Reserve) to cover such costs. The Reserve would then be replenished in the future (to the extent possible) when the federal, state and insurance monies are received. Please note that at the time this memorandum was prepared, not all of the debris monitoring and removal invoices had been received. As a result, this amendment utilizes conservative estimates where applicable. Any necessary true-ups will be reflected in the year-end audit and subsequent year's budget amendment. In addition, of the $2,707,000 net increase to the FY 2016/17 General Fund Budget, $1,257,000 of it was a result of the actual and anticipated expenditures related to Hurricane Irma. General Fund — (001) — ($2,707,000 net increase) Legal (0601)- ($10$000 increase) 3120— Prof. Services - Legal Requires a $105,000 budget amendment due to higher than anticipated Legal fees primarily related to ongoing matters associated with both the Prive Development and Intersection Safety Camera Program litigation. These overages will be offset by $19,000 in additional State Revenue Sharing revenue (3351200) and $86,000 in additional Intersection Safety Camera Program revenue (3542000), respectively. Public Safety (2001) - ($180,000 increase) 1401 — Overtime Requires a $180,000 budget amendment due to higher than anticipated Overtime costs that were incurred as a result of providing "emergency protective measures" prior to, during and after the Hurricane Irma event. These overages will be offset by $180,000 from the Hurricane/Emergency Recovery Operating Reserve (3999900). 2 Community Development (4001) — ($1,250,000 increase) 3101 — Building Inspection Services Requires a $1,250,000 budget amendment due to higher than anticipated building/development activity experienced during the year which will be offset by additional Building Permit revenue (3221000). Public Works/Transportation (5401) — ($95000 increase) 4320 — Utilities - Water Requires a $45,000 budget amendment primarily due to the following items that were not anticipated in the adopted budget: • additional irrigation costs associated with the start-up of the new Peace Park • watering the flower beds along Country Club Drive and the use of City water for irrigation along Aventura Boulevard due to salt water intrusion; and • adding water to the Splashpad as higher attendance levels required more frequent backwashing 4691 — R&M - Streets Requires a $50,000 budget amendment primarily due to higher than anticipated costs associated with maintaining street lights, sidewalks and street repairs, throughout the City. The overages in the Public Works/Transportation Department as described above will be offset by a combination of additional; State Revenue Sharing revenue (3351200) - $36,000 and Carryover (3999900) — $59,000. Non-Departmental (9001) — ($1,077,000 increase) 5904 — Hurricane/Debris Removal Requires a $950,000 budget amendment due to debris removal costs associated with Hurricane Irma. 5905 — Hurricane/Debris Monitor Requires a $100,000 budget amendment due to debris monitoring costs associated with Hurricane Irma. 5906— Hurricane/Preparation Requires a $25,000 budget amendment due to preparation costs associated with Hurricane Irma. 5907 — Hurricane/Supplies Requires a $2,000 budget amendment due to supplies that needed to be purchased in preparation and response to Hurricane Irma. 3 These overages will be offset by $1,077,000 from the Hurricane/Emergency Recovery Operating Reserve (3999900). Police Offdutv Services Fund — (620)— ($40,000 net increase) 1420— Extra Duty Detail Requires a $40,000 budget amendment due to higher than anticipated Extra Duty Details that will be offset by $40,000 in additional Police Detail Billing (3421100). The budget amendments outlined above, are expected to have little to no impact on the FY 2016/17 overall budget or carryover amount that was utilized in the preparation of the FY 2017/18 budget. Based on this analysis, I recommend approval of the attached Ordinance. 4 ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2016/2017 FISCAL YEAR BY REVISING THE 2016/2017 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; AND 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 2016/2017 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. 2016-13, which Ordinance adopted a budget for the 2016/2017 fiscal year, by revising the 2016/2017 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. City of Avcntura Ordinance No. 2018- 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, 2016. The foregoing Ordinance was offered by Commissioner Narotsky, who moved its adoption on first reading. This motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 201 PASSED on first reading this 7th day of November, 2017. PASSED AND ADOPTED on second reading this 9th day of January, 2018. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 I CITY OF AVENTURA GENERAL FUND 001 FY 2016/17 BUDGET AMENDMENT REVENUES "OBJECT 2016/17 2016/17 2016/17 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET 3221000 Building Permits $ 2.250.000 S 1,250.000 $ 3.500.000 3351200 State Revenue Sharing 718.000 55,000 773,000 3542000 Intersection Safety Camera Program 800,000 86,000 886,000 3999900 Hurricane/Emergency Recovery Operating Reserve - 1,257,000 1,257,000 3999900 Carryover 17,521,457 59,000 17,580,457 Total Revenue 5 21,289,457 $ 2,707,000 $ 24,115,457 TOTAL AMENDMENTS-REVENUE S 2,707,000 EXPENDITURES OBJECT 2016/17 2016/17 2016/17 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET LEGAL(0601) CONTRACTUAL SERVICES 3120 Prof.Services-Legal $ 300,000 $ 105,000 $ 405,000 Total Legal $ 300,000 $ 105,000 $ 405,000 PUBLIC SAFETY(2001) PERSONAL SERVICES 1401 Overtime $ 750,000 $ 180,000 $ 930,000 Total Public Safety $ 750,000 $ 180,000 $ 930,000 COMMUNITY DEVELOPMENT(4001) CONTRACTUAL SERVICES 3101 Building Inspection Services $ 1,500,000 $ 1,250,000 $ 2,750,000 Total Community Development 5 1,500,000 $ 1,250,000 $ 2,750,000 PUBLIC WORKS/TRANSPORTATION(5401) OTHER CHARGES&SERVICES 4320 Utilities-Water $ 205,000 $ 45,000 $ 250,000 4691 R&M-Streets - 50,000 50,000 Total Public Works/Transportation $ 205,000 5 95,000 $ 300.000 NON-DEPARTMENTAL(90012 5904 Hurricane/Debris Removal 5 - $ 950,000 $ 950,000 5905 Hurricane/Debris Monitor - 100,000 100,000 5906 Hurricane/Preparation - 25,000 25,000 5907 Hurricane/Supplies - 2,000 2,000 Total Non-Departmental 5 - $ 1,077,000 $ 1,077,000 TOTAL AMENDMENTS-EXPENDITURES $ 2,707,000 CITY OF AVENTURA POLICE OFFDUTY SERVICES FUND 620 FY 2016/17 BUDGET AMENDMENT REVENUES OBJECT 2016/17 2016/17 2016/17 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET Charges for Services 3421100 Police Detail Billing $ 400,000 $ 40,000 $ 440,000 Total Revenue $ 400,000 $ 40,000 $ 440,000 TOTAL AMENDMENTS-REVENUE $ 40,000 EXPENDITURES OBJECT 2016/17 2016/17 2016/17 CODE ADOPTED AMENDED REVISED NO. CATEGORY AMOUNT AMOUNT BUDGET PERSONAL SERVICES Public Safety 1420 Extra Duty Detail $ 400,000 $ 40,000 $ 440.000 Total Expenditures $ 400,000 $ 40,000 $ 440.000 TOTAL AMENDMENTS-EXPENDITURES $ 40,000 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Man ger DATE: November 7, 2017 SUBJECT: Ordinance Granting FPL a Non-Exclusive Franchise 22 1st Reading November 16, 2017 City Commission Meeting Agenda Item 3 2nd Reading January 9, 2018 City Commission Meeting Agenda Item 003J3 RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance granting a non-exclusive franchise to Florida Power and Light (FPL) and establishing a franchise fee effective May 2020 in accordance with the terms of the franchise. BACKGROUND At the time the City incorporated, the City was forced along with the other new cities to negotiate with the County to obtain a portion of the FPL franchise fees generated in the new City of Aventura that was previously being transmitted to the County by FPL. Miami-Dade County Ordinance 89-81, passed and adopted on July 25, 1989, granted a thirty (30) year non-exclusive franchise to FPL to utilize public rights-of-way throughout the unincorporated and incorporated areas of Miami-Dade County in return for FPL paying the County certain franchise fees. That agreement expires on May 25, 2020. Due to the fact that the County is already negotiating with FPL a new franchise agreement, the various newly incorporated cities have started the process as well. In exchange for granting the franchise, a City usually receives a franchise fee that is deposited in the General Fund. The existing franchise fee amount contained in the Miami-Dade County Agreement is 6%. However, due to the deductions for utility taxes, licenses and property taxes, the effective rate is adjusted to 2.8%. FPL has franchises with 56 local governments in Miami-Dade and Broward County. The majority of these franchises contain a fee of 5.9% or 6%. Memo to City Commission Page 2 I am recommending a rate of 5.9%. Currently, the City receives $1,613,620 in franchise fees from FPL under the County Agreement. Effective in June 2020, under the attached Ordinance, the City would receive $3,336,723. The impact to a typical residential bill would be an increase of approximately $3.06 / month. The other main points of the Ordinance are as follows: • The term of the franchise is for thirty (30) years. • FPL indemnifies the City harmless from any and all damages, claims, liability, losses and causes of action arising out of error, omission or negligent act of FPL or its contractors. • The City has the right to examine FPL's records relating to the calculation of the franchise fee payment. • The franchise fee will be paid to the City monthly, rather than yearly as it exists now. The City Attorney's office has prepared the Ordinance and it has been approved by FPL as well. If you have any questions, please feel free to contact me. EMS/act Attachment CC01722-17 ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR MONTHLY PAYMENT OF A FRANCHISE FEE TO THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura ("City") Commission recognizes that the City and its citizens need and desire the continued benefits of electric service; and WHEREAS,the provision of such electric service requires substantial investments of capital and other resources in order to construct, maintain, and operate facilities essential to the provision of such service in addition to costly administrative functions, and the City does not desire to undertake to provide such services at this time; and WHEREAS, Florida Power & Light Company ("FPL") is a public utility that has the demonstrated ability to supply such services; and WHEREAS, there is currently in effect a franchise agreement between Miami-Dade County ("County") and FPL, the terms of which are set forth in County Ordinance 89-81, passed and adopted on July 25, 1989, which grants a thirty (30) year non-exclusive electric franchise to FPL to utilize public rights of way throughout the unincorporated and incorporated areas of the County, in return for FPL paying the County certain franchise fees, among other things, as expressly provided therein ("Current Franchise Agreement"); and WHEREAS, pursuant to City Resolution No. 97-39, on or about June 17, 1997, the City entered into an Interlocal Agreement with the County for payment to the City of that portion of the franchise fees remitted by FPL to the County for rights to utilize public rights of way located within the City, which agreement was amended pursuant to City Resolution No. 06-52 on or about September 12, 2006; and WHEREAS, FPL and the City desire to enter into a new franchise agreement ("New Franchise Agreement") providing for the payment of fees to the City in exchange for the nonexclusive right and privilege of supplying electricity and other services within the City, free of competition from the City, pursuant to certain terms and conditions; and WHEREAS, Section 4.03 of the City Charter provides that where the City Commission grants, renews or extends a franchise, an Ordinance must be adopted; and City of Aventura Ordinance No. 2018- WHEREAS, the City Commission deems it to be in the public interest to enter into this New Franchise Agreement to address certain rights and responsibilities of the City and FPL as they relate to the use of the public rights-of-way within the City's jurisdiction. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Grant of Electric Utility Franchise; Term of Franchise.There is hereby granted to Florida Power & Light Company, its successors and assigns (hereinafter called "FPL"), for the period of thirty (30) years from the effective date hereof, the nonexclusive right, privilege and franchise (hereinafter called "Franchise") to construct, operate and maintain in, under, upon, along, over and across the present and future roads, streets, alleys, bridges, easements, rights-of-way and other public places (hereinafter called "Public Rights-Of-Way") throughout all of the incorporated areas, as such incorporated areas may be constituted from time to time, of the City of Aventura, Florida, and its governmental successors by operation of law, if any, (hereinafter called the "City"), in accordance with FPL's customary practices,and practices prescribed herein,with respect to construction and maintenance, electric light and power facilities, including, without limitation, conduits, underground conduits, poles, wires, transmission and distribution lines, and all other facilities installed in conjunction with or ancillary to all of FPL's operations (herein called "Facilities"), for the purpose of supplying electricity and other related services to the City and its successors, the inhabitants thereof, and persons beyond the limits thereof. Section 3. Facilities Requirements. a) FPL's Facilities shall be installed, constructed, erected, located or relocated so as to not unreasonably interfere with the convenient, safe, continuous use or the maintenance, improvement, extension or expansion of any public "road" as defined under the Florida Transportation Code, nor unreasonably interfere with traffic over the Public Rights-Of-Way, nor unreasonably interfere with reasonable egress from and ingress to abutting property. b) To minimize conflicts with the standards set forth in subsection (a) above, the location, relocation, installation, construction, or erection of all facilities Page 2 of 15 City of Aventura Ordinance No. 2018- shall be made as representatives of the City may prescribe in accordance with the City's reasonable rules and regulations with reference to the placing and maintaining in, under, upon, along, over and across said Public Rights- Of-Way; provided, however, that such rules or regulations (i) shall be for a valid municipal purpose; (ii) shall not prohibit the exercise of FPL's right to use said Public Rights-Of-Way for reasons other than unreasonable interference with traffic or transit; (iii) shall not unreasonably interfere with FPL's ability to furnish reasonably sufficient, adequate and efficient electric service to all of its customers; and (iv) shall not require the relocation of any of FPL's Facilities installed before or after the effective date hereof in Public Rights-Of-Way unless or until widening or otherwise changing the configuration of the paved portion of any public right-of-way used by motor vehicles causes such installed Facilities to unreasonably interfere with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion of any such public"road," or unless such relocation is required by state or federal law. c) Such rules and regulations shall recognize that FPL's above-grade Facilities installed after the effective date hereof should be installed near the outer boundaries of the Public Right-Of-Way to the extent possible. d) When any portion of a Public Right-Of-Way is excavated, damaged, or impaired by FPL (or any of FPL's agents, contractors, or subcontractors) because of the installation, inspection, or repair of any of FPL's Facilities, the portion of the Public Right-Of-Way so excavated, damaged, or impaired shall, within a reasonable time after such excavation, damage, or impairment, be restored by FPL at its expense to a condition at least equal to its original condition before such damage. e) The City shall not be liable to FPL for any cost or expense in connection with any relocation of FPL's Facilities required under this Subsection (b) of this Section, except, however, FPL shall be entitled to reimbursement of its costs from others. Page 3 of 15 City of Aventura Ordinance No. 2018- FPL shall comply with the City's valid code and permit requirements and regulations, including those relating to rights-of-way. Except as expressly provided, nothing herein shall limit or alter the City's existing rights with respect to the use or management of its rights-of-way. Any changes in law on utility easements shall not affect this New Franchise Agreement. Section 4. Indemnification of the City. The acceptance of this New Franchise Agreement shall be deemed an agreement on the part of FPL to the following: (a) that FPL will defend, indemnify, and save the City harmless from any and all damages, claims, liability, losses and causes of action of any kind or nature arising out of an error, omission, or negligent act of FPL, its contractors or any of their agents, representatives, employees, or assigns, or anyone else acting by or through them, and arising out of or concerning the construction, operation or maintenance of its Facilities hereunder; and (b) that FPL will pay all damages, claims, liabilities and losses of any kind or nature whatsoever, in connection therewith, including the City's attorney's fees and costs in the defense of any action in law or equity brought against the City, including appellate fees and costs and fees and costs incurred to recover attorney's fees and costs from FPL, arising from the error, omission, or negligent act of FPL, its contractors or any of their agents, representatives, employees, or assigns, or anyone else acting by or through them, and arising out of or concerning the construction, operation or maintenance of its Facilities hereunder. Section 5. Rates, Rules and Regulations of FPL. All rates and rules and regulations established by FPL from time to time shall be subject to such regulation as may be provided by law. Section 6. Franchise Fee; Calculation; Payment. a) Notwithstanding any other provision in this New Franchise Agreement, as a consideration for this Franchise, FPL shall pay to the City, commencing ninety (90) days after the effective date hereof, and each month thereafter for the remainder of the term of this Franchise, an amount which when added to the amount of all licenses, excises, fees, charges and other impositions of any kind whatsoever (except ad valorem property taxes and non-ad valorem tax assessments on property) levied or imposed by the City against FPL's property, business or operations and those of its electric service subsidiaries Page 4 of 15 City of Aventura Ordinance No. 2018- during FPL's monthly billing period ending sixty (60) days prior to each such payment will equal five and nine tenths (5.9%) percent of FPL's billed revenues (less actual write-offs) from the sale of electrical energy to residential, commercial and industrial customers (as such customers are defined by FPL's tariff) within the City's boundaries for the monthly billing period ending sixty (60) days prior to each such payment, and in no event shall payments for the rights and privileges granted herein exceed five and nine tenths (5.9%) percent of such revenues for any monthly billing period of FPL (except as expressly provided in this New Franchise Agreement). For purposes of this section, the term "write-offs" refers to uncollectable billed revenues from the sale of electrical energy to residential, commercial, and industrial customers within the City's boundaries. b) The City understands and agrees that such revenues as described in the preceding paragraph are limited to the precise revenues described therein, and that such revenues do not include by way of example and not limitation: (a) revenues from the sale of electrical energy for Public Street and Highway Lighting (service for lighting public ways and areas); (b) revenues from Other Sales to Public Authorities (service with eligibility restricted to governmental entities); (c) revenues from Sales to Railroads and Railways (service supplied for propulsion of electric transit vehicles); (d) revenues from Sales for Resale (service to other utilities for resale purposes) so long as not done as a circumvention hereof; (e) Late Payment Charges; (f) Field Collection Charges; (g) other service charges. c) Increased Benefits Clause. If during the term of this New Franchise Agreement, FPL enters into a franchise agreement with any other municipality located in Miami-Dade County or Broward County Florida, or with Miami-Dade County itself or with Broward County itself, each such municipality or county referred to herein as an "Other Governmental Entity," the terms of which provide for the payment of franchise fees by FPL at a rate greater than six (6.0%) percent of FPL's residential, commercial and industrial revenues (as such customers are defined by FPL's tariff), under Page 5 of 15 City of Aventura Ordinance No. 2018- the same terms and conditions as specified in Section 6(a) hereof, FPL, upon written request of the City, shall negotiate and enter into a new franchise agreement with the City in which the percentage to be used in calculating monthly payments under Section 6(a) hereof shall be no greater than that percentage which FPL has agreed to use as a basis for the calculation of payments to any such Other Governmental Entity, provided, however, that if the franchise with such Other Governmental Entity contains additional benefits given to FPL in exchange for the increased franchise rate, which such additional benefits are not contained in this New Franchise Agreement, such new franchise agreement shall include those additional or reasonably equivalent benefits to FPL. Subject to all limitations, terms and conditions specified in the preceding sentence, the City shall have the sole discretion to determine the percentage to be used in calculating monthly payments, and FPL shall have the sole discretion to determine those benefits to which it would be entitled, under any such new franchise agreement. Section 7. Non-Competition by City. As a further consideration, during the term of this franchise or any extension thereof, the City agrees: (a) not to engage in the distribution and/or sale, in competition with FPL, of electric capacity and/or electric energy to any ultimate consumer of electric utility service (herein called a "retail customer") or to any electrical distribution system established solely to serve any retail customer presently served by FPL within the City's limits; and (b) not to participate in any proceeding or contractual arrangement, the purpose or terms of which would be to obligate FPL to transmit and/or distribute, electric capacity and/or electric energy from any third party(ies)to any other retail customer's facility(ies). Nothing specified herein shall prohibit the City from engaging with other utilities or persons in wholesale transactions which are subject to the provisions of the Federal Power Act, as may be amended from time to time. The City may, if permitted by law, (i) generate electric capacity and/or energy at any facility owned or leased by the City for storage or utilization at that facility or other City- owned or leased facilities as chosen by the City, and (ii) use renewable energy sources to generate electric capacity and/or energy for use in demonstration projects or at City Page 6 of 15 City of Avcmura Ordinance No. 2018- facilities, including but not limited to, City Hall, and (iii) sell electric capacity and/or energy to FPL or other wholesale purchasers in compliance with applicable tariffs, and/or federal or state laws, rules and regulations controlling such transactions. The term "retail customer,"for purposes of this section shall not include the City itself. Nothing herein shall prohibit the City, if permitted by law, (i) from purchasing electric capacity and/or electric energy from any other person, or (ii) from seeking to have FPL transmit and/or distribute to any facility(ies) of the City electric capacity and/or electric energy purchased by the City from any other person; provided, however, that before the City elects to purchase electric capacity and/or electric energy from any other person, the City shall notify FPL. Such notice shall include a summary of the specific rates, terms and conditions which have been offered by the other person and identify the City's facilities to be served under the offer. FPL shall thereafter have 90 days to evaluate the offer and, if FPL offers rates, terms and conditions which are equal to or better than those offered by the other person, the City shall be obligated to continue to purchase from FPL electric capacity and/or electric energy to serve the previously identified facilities of the City for a term no shorter than that offered by the other person. If FPL does not agree to rates, terms and conditions which are equal to or better than the other person's offer, all of the remaining terms and conditions of this Franchise shall remain in effect. Section 8. Competitive Disadvantage; FPL's Rights. If the City grants a right, privilege or franchise to any other person to construct, operate or maintain electric light and power facilities within any part of the City's boundaries in which FPL may lawfully serve or compete on terms and conditions which FPL reasonably determines are more favorable than the terms and conditions contained herein, FPL may at any time thereafter terminate this Franchise if such terms and conditions are not remedied within the time period provided hereafter. FPL shall give the City at least one hundred eighty (180) days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for FPL herein, advise the City of such terms and conditions that it considers more favorable and the objective basis or bases of the claimed competitive disadvantage. The City shall then have ninety (90) days in which to correct or otherwise remedy the terms and conditions complained of by FPL, and the City and FPL agree to negotiate in good faith toward a mutually acceptable resolution of FPL's claims during this 90-day period. If FPL Page 7 of15 City of Aventura Ordinance No. 2018- reasonably determines that such terms or conditions are not remedied by the City within said time period, and if no mutually acceptable resolution is reached by FPL and the City through negotiation, FPL may terminate this Franchise agreement by delivering written notice to the City's Clerk, City's Manager, and City's Attorney, and termination shall be effective ninety (90) days from the date of delivery of such notice. Nothing contained herein shall be construed as constraining the City's rights to legally challenge at any time FPL's determination leading to termination under this Section. Section 9. Legislative or Regulatory Action. If as a consequence of any legislative, regulatory or other action by the United States of America or the State of Florida (or any department, agency, authority, instrumentality or political subdivision of either of them) any person is permitted to provide electric service within the City's boundaries to a customer then being served by FPL, or to any new applicant for electric service within any part of the City's boundaries in which FPL may lawfully serve, and FPL reasonably determines that its obligations hereunder, or otherwise resulting from this Franchise in respect to rates and service, place it at a material competitive disadvantage with respect to such other person, FPL may, at any time after the taking of such action, terminate this Franchise if such competitive disadvantage is not remedied as provided hereafter. Such competitive disadvantage can be remedied by either of the following methods: (i) if the City either cannot legally, or does not, charge a franchise fee to other electricity supplier(s), then the City can remedy the disadvantage by reducing FPL's franchise fee rate to zero; or (ii) if the City is able to charge, and does charge, such other electricity supplier(s) a franchise fee at a rate less than the 6.0% rate calculated as provided in Section 6 of this Agreement, then the City can remedy the disadvantage by reducing FPL's franchise fee rate to the same rate, with the same applicability and calculation methodology, as applies to such other electricity supplier(s). If the City does not implement either of the foregoing solutions, FPL may terminate the Agreement, in accordance with the following process: FPL shall give the City at least one hundred eighty (180) days advance written notice of its intent to terminate. Such notice shall, without prejudice to any of the rights reserved for FPL herein, advise the City of the consequences of such action which resulted in the competitive disadvantage and the objective basis or bases of the claimed competitive disadvantage, and the City and FPL agree to negotiate Page 8 of 15 City of Aventura Ordinance No. 2018- in good faith toward a mutually acceptable resolution of FPL's claimed disadvantage during this 180-day period. If such competitive disadvantage is, in the reasonable determination of FPL, not remedied by the City within said time period, and if no mutually acceptable resolution of the matter is reached through negotiation, FPL may terminate this franchise agreement by delivering written notice to the City's Clerk and termination shall take effect ninety (90) days from the date of delivery of such notice. Nothing contained herein shall be construed as constraining the City's rights to legally challenge at any time FPL's determination of competitive disadvantage leading to termination under this Section. Section 10. FPL's Failure to Comply. Failure on the part of FPL to comply in any material respect with any of the provisions of this Franchise shall be grounds for forfeiture, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by FPL until there is final determination (after the expiration or exhaustion of all rights of appeal) by a court of competent jurisdiction within Miami-Dade County, Florida that FPL has failed to comply in a material respect with any of the provisions of this Franchise, and FPL shall have six (6) months after such final determination to make good the default before a forfeiture shall result, with the right of the City, at its discretion, to grant such additional time to FPL for compliance as necessities in the case require. Section 11. City's Failure to Comply. Failure on the part of the City to comply in material respect with any of the provisions of this Ordinance, including, but not limited to: (a) denying FPL use of Public Rights-Of-Way for reasons other than as set forth in Section 3 of this New Franchise Agreement; (b) imposing conditions for use of Public Rights-Of-Way contrary to Federal or Florida law or the express terms and conditions of this Franchise; (c) unreasonable delay in issuing FPL a use permit, if any, to construct its Facilities in Public Rights-Of-Way, shall constitute breach of this Franchise. FPL shall notify the City of any such breach in writing sent by United States Certified Mail, return receipt requested, or via a nationally recognized overnight courier service, and the City shall then remedy such breach within ninety (90) days and if it is not a breach that can be remedied within ninety (90) days, then as soon as practicable. Should the breach not be timely remedied, FPL shall be entitled to seek a remedy available under law or equity from a court of competent jurisdiction, including the remedy of obtaining judicial relief that permits the withholding of franchise fees. The Parties recognize and agree that nothing in this New Franchise Page 9 of 15 City of Aventura Ordinance No.2018- Agreement constitutes or shall be deemed to constitute a waiver of either party's delegated sovereign right of condemnation and that either party, in its sole discretion, may exercise such right. Section 12. Audit and Inspection. The City may, at its expense, upon reasonable notice and within ninety (90) days after each anniversary date of this Franchise, examine FPL's records relating to the calculation of the franchise payment for the year preceding such anniversary date. Such examination shall be during normal business hours at FPL's office where such records are maintained. Records not prepared by FPL in the ordinary course of business or as required herein may be provided at the City's expense and as the City and FPL may agree in writing. Information identifying FPL's customers by name or their electric consumption shall not be taken from FPL's premises. Such audit shall be impartial and all audit findings, whether they decrease or increase payment to the City, shall be reported to FPL. The City's examination of FPL's records in accordance with this Section shall not be conducted by any third party employed or retained by the City whose fee, in whole or part, for conducting such audit is contingent on findings of the audit. At the City's request no more than once annually, FPL will provide to the City an electronic version of a billing list of all FPL customer addresses within the incorporated areas of the City. The City will respect FPL's confidential documents. The City will be given access to confidential documents while on FPL premises, but shall not remove those confidential documents from FPL premises unless expressly authorized to do so by FPL. Information relative to this audit and likely to be deemed confidential by FPL includes, but is not limited to, nonpublic customer or customer account information, nonpublic policies and procedures, and any other nonpublic information that gives FPL an opportunity to gain an advantage over its competitors. Section 13. Severability. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected by such invalidity. Section 14. Existing Franchise Agreement. The City acknowledges it is fully informed concerning the existing franchise granted by Miami-Dade County, Florida, to FPL, and accepted by FPL as set out in Ordinance No. 60-16 adopted on May 3, 1960, and subsequently renewed and accepted by FPL as set out in Ordinance No. 89-81 Page 10 of is City of Aventura Ordinance No.2018- adopted on September 5, 1989 by the Board of County Commissioners of Miami-Dade County, Florida, and as adopted by the City on June 17, 1997 in an interlocal agreement with Miami-Dade County ("Existing Agreement). The City agrees to indemnify and hold FPL harmless against any and all liability, loss, cost, damage and expense incurred by FPL in respect to any claim asserted by Miami-Dade County against FPL arising out of the franchise set out in the above referenced ordinances for the recovery of any sums of money paid by FPL to City under the terms of this New Franchise Agreement. FPL acknowledges and the City hereby relies on then Dade County Resolution No. R-709-78 adopted on June 20, 1978 in the granting of this Franchise. Section 15. Definitions. As used herein "person" means an individual, a partnership, a corporation, a business trust, a joint stock company, a trust, an incorporated association, a joint venture, a governmental authority or any other entity of whatever nature. Section 16. Repeal. All ordinances and parts of ordinances and all resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 17. Effective Date. As a condition precedent to the taking effect of this Ordinance, FPL shall file its acceptance hereof with the City's Clerk within thirty (30) days of adoption of this Ordinance. The effective date of this Ordinance shall be when the Current Agreement terminates by the expiration of time or on the effective date of a new franchise agreement between Miami-Dade County and FPL, whichever occurs first. Section 18. Pre-Suit Dispute Resolution. The Parties to this Franchise agree that it is in each of their respective best interests to avoid costly litigation as a means of resolving disputes which may arise hereunder. Accordingly, the Parties agree that they will meet at the senior management level in an attempt to resolve any disputes within thirty (30) days of notification of the dispute. Section 19. Governing Laws. This New Franchise Agreement shall be governed and construed by the applicable laws of the Federal Government, State of Florida, Miami- Dade County, and the Charter, Codes and Ordinances of the City. Section 20. Venue. In the event that any legal proceeding is brought to enforce the terms of this New Franchise Agreement, it shall be brought by either party hereto in Miami- Dade County, Florida, or, if a federal claim, in the U.S. District Court in and for the Southern District of Florida, Miami Division. Page 11 of 15 City of Avenlura Ordinance No. 2018- Section 21. Entire Agreement. This New Franchise Agreement is intended to constitute the sole and entire agreement between the City and FPL with respect to the subject matter hereof and correctly sets forth the rights, duties, and obligations of each of the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect, and this agreement supersedes all prior drafts and verbal or written agreements, commitments, or understandings, which shall not be used to vary or contradict the expressed terms herein. Both parties have been represented by counsel of their choosing with regard to this New Franchise Agreement. Section 22. Modification. It is further understood that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith, and approved by the City Commission. Section 23. Notice. Except in exigent circumstances, and except as may otherwise be specifically provided for in this Franchise, all notices by either party shall be made by United States Certified Mail, return receipt requested, or via a nationally recognized overnight courier service. Any notice given by facsimile or email is deemed to be supplementary, and does not alone constitute notice hereunder. All notices shall be addressed as follows: a) To the City of Aventura: City Manager, 19200 West Country Club Drive, Aventura, FL 33180 b) With a copy to the City Attorney:Weiss Serota Helfman Cole & Bierman, P.L., 2525 Ponce de Leon Boulevard, Suite 700, Coral Gables, FL 33134 c) To Florida Power and Light Company: Vice President, External Affairs, 700 Universe Boulevard, Juno Beach, FL 33408 d) With a copy to the Florida Power and Light Company Attorney: General Counsel, 700 Universe Boulevard, Juno Beach, FL 33408 Any changes to the above shall be in writing and provided to the other party as soon as practicable. Section 24. Compliance with Federal, State and Local Laws. The City and FPL agree to comply with and observe all applicable Federal, State and valid and non- Page 12 of15 City of Aventura Ordinance No. 2018- preempted local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Section 25. Nondiscrimination. FPL represents and warrants to the City that FPL does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with FPL's performance under this Franchise on account of race, color, sex, sexual preference, religion, age, handicap, marital status or national origin. FPL further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, sexual preference, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Franchise. Section 26. Approval of Agreement Execution of this ordinance by the City Mayor, the City Attorney, and the City Clerk, shall constitute evidence of the New Franchise Agreement's approval after public hearing by the City Commission. Section 27. Attorney's Fees and Costs. In the event either the City or FPL must initiate litigation to enforce this New Franchise Agreement, the prevailing party shall be entitled to an award of all reasonable attorney's fees and costs, at all levels of litigation, including trials and appeals, including but not limited to fees for litigating entitlement to and amount of attorney's fees. THIS SPACE INTENTIONALLY LEFT BLANK Page 13 of 15 City of Aventura Ordinance No. 2018- The foregoing Ordinance was offered by Vice Mayor Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Mezrahi and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Howard Weinberg Vice Mayor Robert Shelley Mayor Enid Weisman PASSED on first reading on this 16th day of November, 2017. PASSED AND ADOPTED on second reading on this 9th day of January, 2018. Page 14 of 15 City of Aventura Ordinance No. 2018- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2018. Page 15 of 15 ACCEPTANCE Pursuant to Section 17 of City of Aventura Ordinance No. , Florida Power & Light Company hereby files its acceptance of the New Franchise Agreement granted therein. For FPL: Attest: By: Witness: Its: Date: FOR USE BY CITY This Acceptance has been received by the City Clerk on this day of , 20_ City Clerk