02-04-2020 Regular Commission Meeting Agenda City Manager
City Commission Ronald J.Wasson
Enid Weisman,Mayor '
Marc Narotsky,Vice Mayor �•�� City Clerk
Denise Landman,Commissioner I Ellisa L.Horvath,MMC
Dr.Linda Marks,Commissioner
Gladys Mezrahi,Commissioner City Attorney
Robert Shelley,Commissioner � � V Weiss Scrota Hellman
toward Weinberg,Comnnissioner e p�Q�0' Cole&Bierman
CITY COMMISSION MEETING AGENDA
February 4, 2020
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:
• 2020 Census - Miami-Dade County Commissioner Esteban L. Bovo, Jr.
• Certificate of Appointment — CSAB Member
• Employee Service Awards
• Aventura City of Excellence School Update
• Don Soffer Aventura High School Update
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:
• January 7, 2020 Regular Commission Meeting
• January 24, 2020 Regular Commission Workshop Meeting
• January 24, 2020 Special Commission Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF
THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
Aventura City Commission Meeting Agenda
February 4, 2020
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $8,775.00 FOR HAND
HELD BALLISTIC SHIELDS FROM THE POLICE FEDERAL FORFEITURE FUND
IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $7,500 FOR CRIME
PREVENTION PROGRAMS, TRAINING AND EQUIPMENT FROM THE POLICE
STATE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO
EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF
PLANTATION FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CONTRACT RENEWAL FOR LANDSCAPE MAINTENANCE WITHIN THE
FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ON
BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE
MIAMI-DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION 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 ATTACHED
WORK AUTHORIZATION NO. 2020-043508109-001 FOR PROFESSIONAL
DESIGN SERVICES FOR THE YACHT CLUB DRIVE DRAINAGE
IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND
KIMLEY HORN; AND PROVIDING FOR AN EFFECTIVE DATE.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA,APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR THE
REMAINDER OF THE TERM FOR A RECENTLY RESIGNED MEMBER; 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 AND
OTHERWISE ENTER INTO THAT CERTAIN COLLECTIVELY BARGAINED
CONTRACT ATTACHED HERETO BY AND BETWEEN THE CITY OF
AVENTURA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION,
WHICH CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY
MANAGER AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Page 2 of 3
Aventura City Commission Meeting Agenda
February 4, 2020
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: None.
8. ORDINANCES-SECOND READING/PUBLIC HEARINGS: None.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
FUTURE MEETINGS*
*Meeting dates and times are subject to change.Please check the City's website for the most current schedule.
COMMISSION REGULAR WORKSHOP—FEBRUARY 20,2020 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5-FLOOR)
COMMISSION REGULAR MEETING—MARCH 10,2020 AT 6:00 P.M.
COMMISSION CHAMBER
COMMISSION REGULAR WORKSHOP—MARCH 19,2020 AT 9 AM
EXECUTIVE CONFERENCE ROOM(5-FLOOR)
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 3 of 3
CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk ��
DATE: January 31, 2020
SUBJECT: Approval of Minutes
February 4, 2020 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached minutes, as provided
by the City Clerk, for the Commission meetings held in January 2020.
BACKGROUND
Meetings were held and minutes have been provided for Commission approval for the
following:
• January 7, 2020 Regular Commission Meeting
• January 24, 2020 Regular Commission Workshop Meeting
• January 24, 2020 Special Commission Meeting
Should you have any questions, please contact me.
/elh
attachments
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CITY COMMISSION Aventura Government Center
A • REGULAR MEETING MINUTES 19200W.Country Club Drive
Aventura, Florida 33180
JANUARY 7, 2020
6:00 p.m.
1. CALL TO ORDER/ROLL 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 Marc Narotsky, Commissioner Denise Landman, Commissioner
Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley,
Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L.
Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Luisana Duerte.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Following a request by Mr. Wasson and consensus of the City Commission, Consent
Agenda Item 51 was removed from the Consent Agenda for discussion.
4. SPECIAL PRESENTATIONS:
• 2020 Census - Miami-Dade County Commissioner Esteban L. Bovo,
Jr.: This item will be rescheduled to a future meeting, per Commissioner Bovo's
request.
• Employee Service Awards: None.
• Aventura City of Excellence School Update — Principal Tyrkala:
Principal Tyrkala introduced Luisana Duerte, who provided a brief report on ACES.
• Don Soffer Aventura High School Update - Principal: Principal David
McKnight introduced Sofia Edelberg, who provided a brief report on Don Soffer
Aventura High School.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission.
A motion to approve the remaining items on the Consent Agenda (A-H and J) was
offered by Commissioner Shelley, seconded by Commissioner Mezrahi, and passed
unanimously by roll call vote. The following action was taken:
A. Minutes approved as follows:
• November 5, 2019 Regular Commission Meeting
• November 21, 2019 Regular Commission Workshop Meeting
• November 21, 2019 Special Commission Meeting
Aventura City Commission Regular Meeting Minutes
January 7, 2020
B. Resolution No. 2020-01 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. 2020-02 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE DON
SOFFER AVENTURA HIGH SCHOOL FOUNDATION, INC. BOARD OF
DIRECTORS FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE
DATE.
D. Resolution No. 2020-03 adopted as follows:
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.
E. Resolution No. 2020-04 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY
TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND BAL HARBOUR
VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2020-05 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY
TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK
VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
Page 2 of 6
Aventura City Commission Regular Meeting Minutes
January 7, 2020
G. Resolution No. 2020-06 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY
TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF
MEDLEY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
H. Resolution No. 2020-07 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY
TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI SHORES
VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
J. Motion approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $7,760.00 FOR CAT
TOURNIQUETS, TACTICAL ROLL OUT BAGS AND CRYSTAL SKY DRONE
MONITORS FROM THE POLICE FEDERAL FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM.
Mayor Weisman, accompanied by the City Commission and Mr. Wasson, presented
Certificates of Appointment to the Don Soffer Aventura High School Foundation, Inc.
Board of Directors in attendance as follows: Amit Bloom, Rachel Friedland, Michelle
Leon, Cindy Orlinsky, and Raquel Rothman.
Item I: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-10-17-3,
CITY OF AVENTURA MUNICIPAL TRANSIT SERVICES FOR CITY WIDE SHUTTLE
SERVICE TO RTW MANAGEMENT FOR THE INDIVIDUAL BID PRICE AS
CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER
TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION
OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the resolution was offered by Commissioner Shelley and seconded
by Vice Mayor Narotsky.
Mayor Weisman opened the public hearing.
Page 3 of 6
Aventura City Commission Regular Meeting Minutes
January 7, 2020
The following members of the public provided comments: William Salim, Esq.
(Moskowitz, Mandell, Salim & Simowitz P.A., 800 Corporate Drive, Suite 500, Fort
Lauderdale, FL) representing Limousines of South Florida Inc. and Mark Levitt, VP —
Limousines of South Florida Inc. (3300 S.W. 11th Avenue, Fort Lauderdale, FL).
There being no additional speakers, the public hearing was closed.
Mr. Wasson reviewed the item including the bid process, the bids received, the protest
received from Limousines of South Florida, the response to that protest, and the
determination to move forward with the recommendation for the selected company.
The Commission discussed the item, with Mr. Wasson responding to various questions
pertaining to the recommended company, as well as the current company.
A motion to table the item to the January 24, 2020 Commission Workshop and Special
Commission Meeting was offered by Commissioner Weinberg and seconded by
Commissioner Dr. Marks. The motion to table failed (3-3), with the roll call vote as
follows: Commissioner Dr. Marks, Commissioner Weinberg, and Mayor Weisman in
favor; Commissioner Mezrahi, Commissioner Shelley, and Vice Mayor Narotsky
opposed; and Commissioner Landman absent.
The motion for approval of the resolution passed (5-1) by roll call vote, with
Commissioner Weinberg opposed and Commissioner Landman absent, and
Resolution No. 2020-08 was adopted.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin
reviewed the quasi-judicial procedures and Mrs. Horvath administered the oath to all
those wishing to offer testimony for the item.
RESOLUTION/PUBLIC HEARING: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO
SECTION 31-144(F)(2)K. AND L. OF THE CITY CODE TO PERMIT A LOT
COVERAGE OF 49.55%,WHERE THE CITY CODE PERMITS A MAXIMUM LOT
COVERAGE OF 40% AND TO PERMIT A FLOOR AREA RATIO OF 1.99,WHERE
THE CITY CODE PERMITS A MAXIMUM FLOOR AREA RATIO OF 1.39;
GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-
144(F)(2)C. FOR AN INCREASED HEIGHT OF 128 FEET,8 INCHES,WHERE THE
CITY CODE PERMITS A MAXIMUM HEIGHT OF 120 FEET; GRANTING
CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-144(F)(2)D. FOR
RETAIL USES AS PART OF A NON-RESIDENTIAL DEVELOPMENT, TOTALING
9.38% OF THE BUILDING FLOOR AREA, WHERE THE CITY CODE PERMITS
RETAIL USES NOT IN EXCESS OF 15% OF THE TOTAL BUILDING AREA;
VACATING THAT PORTION OF NE 213 STREET RUNNING EASTERLY FROM
NE 28 COURT TO ITS TERMINATION,NE 28 COURT BETWEEN NE 213 STREET
AND NE 214 STREET, A PORTION OF NE 29 COURT AND NE 214 STREET AND
A PORTION OF LAND RESERVED FOR FUTURE ROADWAY; RESERVING TO
THE CITY ALL NECESSARY UTILITY EASEMENTS, ALL FOR THE
Page 4 of 6
Aventura City Commission Regular Meeting Minutes
January 7, 2020
DEVELOPMENT OF A RETAIL/OFFICE/ASSISTED LIVING FACILITY
LOCATED AT 21290 BISCAYNE BOULEVARD IN THE CITY; PROVIDING FOR
RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the resolution was offered by Commissioner Dr. Marks and
seconded by Commissioner Mezrahi.
Mrs. Carr addressed the Commission and entered the staff report into the record, which
recommended approval, subject to the conditions listed.
The following provided testimony on behalf of the Applicant (Medical District
Developments, LLC): Michael Marrero, Esq. — Bercow Radell Fernandez & Larkin (200
S. Biscayne Blvd. Suite 850, Miami, FL) and Bernardo Rieber, Owner (2890 NE 214
Street, Aventura, FL).
Mayor Weisman opened the public hearing. There being no speakers, the public
hearing was closed.
The motion for approval of the resolution passed unanimously, by roll call vote, and
Resolution No. 2020-09 was adopted.
7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: None.
8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the
following ordinance title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE
2018/2019 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 Dr. Marks and
seconded by Vice Mayor Narotsky.
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. 2020-01 was adopted.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
Page 5 of 6
Aventura City Commission Regular Meeting Minutes
January 7, 2020
10. REPORTS:
Commissioner Gladys Mezrahi thanked Vice Mayor Narotsky for the expedition of the
resolution supporting anti-human trafficking efforts at the November 21, 2019 Special
Commission Meeting and for the Commission's approval of the resolution.
11. PUBLIC COMMENTS: Following information provided by Mr. Wolpin on the
process for public comments, the following members of the public provided comments:
Zudwika Konik (Point East - Aventura), Pedro Salas (Southview - Aventura), Stacey
Levy (1051 NE 93 Street, Miami Shores), and Cindy Orlinsky (20051 NE 37 Court,
Aventura).
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Vice Mayor Narotsky, seconded by
Commissioner Weinberg, and unanimously approved; thus, adjourning the meeting at
7:36 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 4, 2020.
Page 6 of 6
The City of
CITY COMMISSION
WORKSHOP MEETING MINUTES Aventura Government center
19200 W.Country Club Drive
JANUARY 24, 2020 Aventura, Florida 33180
minnimmummons 9:00 A.M.
1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid
Weisman at 9:00 a.m. The following were present: Mayor Enid Weisman, Vice Mayor
Marc Narotskyl, Commissioner Denise Landman, Commissioner Dr. Linda Marks,
Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard
Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. Presentation: Aqua Development Biscayne Boulevard (City Manager): Mr.
Wasson introduced Mr. Bercow for the presentation of the Aqua Development project.
Jeffrey Bercow, Esq. (Bercow Radell Fernandez & Larkin - 200 S. Biscayne Blvd. Suite
850, Miami, FL), along with Bernardo Fort-Brescia, Architect (Arquitectonica — 2900 Oak
Avenue, Miami, FL) and Sherri Gutierrez, Architect (Arquitectonica — 2900 Oak Avenue,
Miami, FL) reviewed a proposal for a project at 17651 Biscayne Boulevard, which would
require comprehensive plan and zoning code amendments.
Joanne Carr, Community Development Director, reviewed the City's current policy not
permitting residential projects on Biscayne Boulevard and recommended that a planning
study of the commercial corridor on that street be done to determine the impact, should
the Commission decide to proceed. The next steps including submittal for site plan
approval, comprehensive plan and code amendments, and conditional use approval
subject to staff review and comment during the process were discussed.
City Manager Summary: It was the consensus of the City Commission for the
project to proceed through the process.
3. Presentation: Freebee (City Manager): Mr. Wasson introduced Mr. Spiegel,
Freebee, who was invited to provide a presentation regarding on-demand electric
shuttles, as a follow-up to the request from Commissioner Weinberg and direction from
the City Commission at the November Workshop.
Jason Spiegel, Co-Founder & Managing Partner — Freebee, reviewed a PowerPoint
presentation highlighting the aspects of the alternative electronic transportation solution
including the following: introduction, company overview, program benefits,
drivers/community ambassadors, economic development, proposed demonstration
project, and funding solutions.
The Commission discussed the cost, the current shuttle bus program, and receiving
proposals.
' Vice Mayor Narotsky participated via speaker telephone.
Aventura City Commission
Regular Workshop Meeting Minutes—January 24,2020
City Manager Summary: It was the consensus of the City Commission to move
forward with a request for proposals and for the City Manager to provide a financial plan
for an on-demand electric shuttle program to the Commission.
4. Discussion of Establishing an Auditor Selection Committee (City Manager):
Mr. Wasson explained the new state statute requiring an auditor selection committee,
as part of the process to assist the City Commission with the selection of a new auditor
for the City and School annual audits.
Commissioner Shelley offered to serve as Chair. Mr. Wasson reviewed the resumes of
the two local government finance professionals recommended by staff to serve on the
Committee as follows: Scott Simpson (Chief Financial Officer— Miami Parking Authority)
and Melissa Cruz (Assistant Town Manager/Finance Director — Town of Bay Harbor
Islands).
City Manager Summary: It was the consensus of the City Commission that the
Auditor Selection Committee be established with the following three members:
Commissioner Robert Shelley (Chair), Scott Simpson, and Melissa Cruz.
5. Changes to the 2020 City Commission Meeting Schedule (City Manager):
Mr. Wasson reviewed requested changes to the 2020 City Commission Meeting
Schedule.
City Manager Summary: It was the consensus of the City Commission to accept
the proposed changes to the 2020 Commission Meeting Schedule as follows: move the
March Commission Meeting to March 10th, move the May Workshop Meeting to May
14th, move the June Commission Meeting to June 9th, move the September Commission
Meeting and First Budget Hearing to September 9th, and schedule the Second Budget
Hearing for September 16th at 6:00 p.m.
6. Update: Waterways Tot Lot (Commissioner Dr. Marks): Commissioner Dr.
Marks updated the Commission on her meeting with the City Manager regarding this
item. Mr. Wasson discussed the possibility of leasing property to relocate the tot lot to a
property near the LA Fitness at Waterways. The Commission also discussed moving
the tot lot to the southeast corner of the Waterways Park and providing a separate
entrance.
City Manager Summary: It was the consensus of the City Commission for Mr.
Wasson to provide information for both options outlining the costs, etc.
7. Discussion: Pickle Ball Court (Commissioner Dr. Marks): Commissioner Dr.
Marks discussed requests received from the north end of the City to provide a pickle
ball court.
The Commission discussed requests for pickle ball courts, as well as additional tennis
courts.
City Manager Summary: It was the consensus of the City Commission for Mr.
Wasson to ascertain the interest of the community in a pickle ball court and to provide
costs to possibly convert a tennis court to a pickle ball court during a time the court
Page 2 of 4
Aventura City Commission
Regular Workshop Meeting Minutes—January 24, 2020
wasn't used.
Following a request by Commissioner Dr. Marks and consensus of the City
Commission, the following item was taken out of order:
9. Discussion: Community Services Advisory Board (Commissioner Dr.
Marks): Commissioner Dr. Marks recommended that resident Marjorie Rosenblatt be
appointed to the Community Services Advisory Board. Mr. Wasson reported that there
was a vacancy on the Board, due to the recent resignation of Annette Weissman.
City Manager Summary: It was the consensus of the City Commission to
provide a resolution on the February 4, 2020 Commission Meeting agenda appointing
Marjorie Rosenblatt to the Community Services Advisory Board, for the remainder of the
term for Annette Weissman.
8. Discussion: High School Information Letter (Commissioner Dr. Marks):
Commissioner Dr. Marks requested review and input on the information requested by
the Commission at the November Workshop Meeting.
The following documents were distributed for discussion: Don Soffer Aventura High
School Frequently Ask Questions, School Grading Framework (Don Soffer Aventura
High School 2019-2020), and Don Soffer Aventura High School information pamphlet. A
brief video was viewed.
Rachel Windler-Freitag, Charter Schools USA Vice President of Education, provided
comments.
The Commission provided input on the video and documents.
City Manager Summary: It was the consensus of the City Commission for
Commissioner Landman to work with Don Soffer Aventura High School in conjunction
with Charter Schools USA to create a positive public relations campaign.
The following additional items were discussed:
David McKnight, Principal — Don Soffer Aventura High School, reviewed the application
process at the high school.
Commissioner Dr. Marks requested that the Commission consider looking at the
possibility of creating a middle school or a primary center for ACES, to provide
additional seats for residents.
City Manager Summary: It was the consensus of the City Commission for
Commissioner Dr. Marks to work with Mr. Wasson on obtaining information to provide
the Commission with available options.
Rachel Windler-Freitag, Charter Schools USA Vice President of Education, provided
information on amending the ACES charter.
Page 3 of 4
Aventura City Commission
Regular Workshop Meeting Minutes—January 24, 2020
A Commission Liaison Meeting will be scheduled for February 18, 2020 at 9:00 a.m.,
per Commissioner Dr. Mark's request.
10. Update: Visitor's Center (Commissioner Mezrahi): Commissioner Mezrahi
reviewed a proposal to provide a Visitor's Center in partnership with the GMCVB on the
first floor of Government Center, at no cost to the City.
City Manager Summary: It was the consensus of the City Commission to
proceed with a Visitor's Center as proposed.
11. Discussion of Resolution Authorizing the City to Join the Florida Hate
Crime Coalition (FHCC) (Commissioner Weinberg): Commissioner Weinberg
requested that the Commission consider adopting a resolution authorizing the City to
join the Florida Hate Crime Coalition and supporting House Bill 655 to enhance Florida
hate crime laws.
Eric Ross, Senior Associate Regional Director — Anti-Defamation League Florida
Region, provided comments.
City Manager Summary: It was the consensus of the City Commission to
proceed with consideration of the resolution as provided on the agenda for the Special
Commission Meeting, following the Workshop Meeting.
12. City Manager Annual Review: Mr. Wasson distributed the 2019 Manager's
Report outlining accomplishments for the year. The Commission provided input.
City Manager Summary: It was the consensus of the City Commission to
provide Mr. Wasson with a $10,000 salary adjustment.
The following additional item was discussed:
Mr. Wasson will provide a schedule to the City Commission members participating in
the trip to Tallahassee.
13. Adjournment: There being no further business to come before the Commission,
the meeting was adjourned by consensus at 11:43 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 4, 2020.
Page 4 of 4
The Co of
CITY COMMISSION Aventura Government Center
AWritUra SPECIAL MEETING MINUTES 19200 W.Country Club Drive
JANUARY 24, 2020 Aventura, Florida 33180
Following 9:00 A.M.
we Commission Workshop Meeting
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weisman at 11:43 a.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Marc Narotskyl, Commissioner Denise Landman, Commissioner
Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley,
Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L.
Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
2. RESOLUTION: The following resolution title was read by Mr. Wolpin:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY OF AVENTURA TO JOIN THE FLORIDA
HATE CRIME COALITION (FHCC); AND SUPPORTING FLORIDA HOUSE BILL
655 TO ENHANCE FLORIDA HATE CRIME LAWS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the resolution was offered by Commissioner Dr. Marks and
seconded by Commissioner Weinberg.
Mr. Wasson briefly discussed the item, which was reviewed in length at the Commission
Workshop Meeting.
No comments were provided by the public.
The motion for approval of the resolution passed unanimously, by roll call vote, and
Resolution No. 2020-10 was adopted.
3. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Mezrahi, seconded by
Commissioner Shelley, and unanimously approved; thus, adjourning the meeting at
11:46 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 4, 2020.
' Vice Mayor Narotsky participated via speaker telephone.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: January 31, 2020
SUBJECT: Resolution Declaring Equipment as Surplus
February 4, 2020 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.
RJW/act
Attachment
CCO1864-20
RESOLUTION NO. 2020-
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 Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2020-
PASSED AND ADOPTED this 4th day of February, 2020.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Bryan Pegues, Chief of Police J
SUBJECT: Surplus Property
DATE: January 23, 2020
I would like to have the below vehicles, owned by the City of Aventura, declared Surplus
Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these
items have become inadequate for public purposes:
2010 2FABP7BVXAX118040 Crown Vic
2013 6G1MK5U32DL829634 Chevy Caprice Totaled Release to Insurance Company
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: January 31, 2020
SUBJECT: Disbursement of Police Federal Forfeiture Funds
February 4, 2020 City Commission Meeting Agenda Item _G
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 $8,775.00 for hand held ballistic
shields from the Police Federal Forfeiture Fund in accordance with the City
Manager's Memorandum".
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO1861-20
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMO- . IUM
Al
TO: Ronald J. Wasson, City Man At' lk
FROM:
Bryan Pegues, Chief of Police AI
DATE: January 21, 2020
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.
I am requesting City Commission approval for the expenditure of these monies for:
3 Level IIIA SWAT hand held ballistic shields - $8,775.00
Summary
These 24x36 level IIIA shield will be used by our Aventura SWAT Team to perform
tactical operations. All 3 shields are rated at level IIIA will have ballistic view ports and
LED lights affixed to the front.
:
Maj. Michael Bentolila ,
GL Distributors, Inc. ;��
A Illi Quotation
18459 Pines Boulevard, Suite 340 _ ,'\ e___.
-Pembroke Pines, FL 33029 % / DATE QUOTE#
Phone: [954) 441-1473 1
Contact: mark@gldistributors.com 12/20/2019 14548
DISTRIBUTORS
SOD'ARMOR SPECIALISTS
NAME/ADDRESS Ship To
Aventura Police Department Aventura Police Department
19200 W.Country Club Dr. 19200 W.Country Club Dr.
Aventura,FL 33180 Aventura,FL 33180
Attn:Capt.Brinson Attn:Capt.Cosimo Castronovo
REP PROJECT NAME VALID THRU PAYMENT TERMS FOB LEAD TIME
007 2/29/2020 Net 30 Destination
ITEM DESCRIPTION QTY PRICE TOTAL
BRA-WMX I-VF-2436 WMX1 Platform,Weapon Mount Ballistic Shield with Vengeance Viewport, 3 2,814.00 8,442.00
FF 1200 LED Light/Handle,Level IIIA,24x36
Color:Carbon Fiber Gray
BRA-COREBOND-ID Add Corebond ID to Shield 3 36.00 108.00
Specify Lettering:POLICE
Specify Color:WHITE
SHIPPING Shipping&Handling 1 225.00 225.00
Visit us online at www.GLBISTRIBUTORS.com Subtotal $8,775.00
Sales Tax (7.0%) $0.00
"PROTECTING THOSE COMMITTED TO
STANDING IN HARM'S WAY" TOTAL $8,775.00
Quote Prov .n $rinson
Operations Divisi
BLUERID6E
December 2, 2019
This letter is to confirm that BlueRidge Armor, LLC is the sole manufacturer of pistol grade and
rifle grade ballistic shields utilizing the VENGEANCE"' Series Viewport. No division of BlueRidge
Armor, LLC nor any other company makes a similar or competing product. Competition is
precluded by the existence of one or more copyrights,trademarks, secret processes, patents or
patent pending components of the BlueRidge Armor VENGEANCE"'Series Viewport model.
There is no other like item(s) or product(s) available for purchase that would serve the same
purpose or function. BlueRidge Armor, LLC is the listed authorized agent and has exclusive
rights to manufacture this product.
This product must be purchased by institutions,departments and agencies in Florida from
either BlueRidge Armor, LLC directly or through GL Distributors, Inc., located in Pembroke Pines,
Florida. GL Distributors is our sole Florida authorized dealer.
Additional information may be obtained by contacting BlueRidge Armor LLC at 844-556-6855 or
info@blueridgearmor.com.Thank you for your interest in our products.
Sincerely,
Of) /I-__ 12.02.2019
Dale Taylor, President/CEO
BlueRidge Armor, LLC
1495 HWY- College Avenue - Suite 150192 Spindale, NC 28160
Toll free: 844-556-M855 — email: info@blueridgearmor.com - web: blueridgearmor.com
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: January 31, 2020
SUBJECT: Disbursement of Police State Forfeiture Funds
February 4, 2020 City Commission Meeting Agenda Item 5t7
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend funds
from the Police State Forfeiture Fund:
"Motion authorizing the appropriation of up to $7,500 for crime prevention
programs, training and equipment from the Police State Forfeiture Fund in
accordance with the City Manager's Memorandum".
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC01862-20
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Ronald J. Wasson, City Mana• .
FROM: Bryan Pegues, Chief of Police
DATE: January 21, 2020
SUBJECT: Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
Crime Prevention programs, training, and equipment $7,500
Total Expenditure Request: $7,500
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
Crime Prevention programs, training and equipment: This is a request to
spend up to $7,500.00 of forfeiture funds to fund our departmental Crime
Prevention Unit. Funds will be used for crime prevention programs, equipment
and training. All expenses for the Crime Prevention Unit will come out of these
approved funds in lieu of the Operating budget or CIP budget.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manage
DATE: January 31, 2020
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the
City of Plantation
February 4, 2020 City Commission Meeting Agenda Item S_
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of Plantation.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies
to enter into Police Services Mutual Aid Agreements. The various departments use a basic
Mutual Aid Agreement.
Aventura Hospital & Medical Center and Westside Regional Hospital in Plantation are
sister hospitals that occasionally find it necessary to transport patients from one hospital
to the other. At times, these patients also happen to be under arrest. When such a
prisoner/patient requires transport to the sister hospital, the arresting agency generally
ceases to have law enforcement authority to guard the prisoner and take law enforcement
action once the officer and prisoner leave the arresting jurisdiction. As a result, the police
department covering the jurisdiction of the receiving hospital is forced to spend labor and
fiscal resources to assume liability of and guard the prisoner/patient for the duration of
his/her stay in that hospital.
In accordance with the Florida Mutual Aid Statute and in resolution of this issue, the City
of Aventura and the City of Plantation police departments have crafted a mutual aid
agreement that temporarily gives the arresting law enforcement agency limited law
enforcement authority while guarding its prisoner/patients who have been transferred to
the sister hospital in the other party's jurisdiction. The Agreement is beneficial in our
mission to protect the safety and quality of life of our residents.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCOI 860-20
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Bryan Pegues, Chief of Police
DATE: January 17, 2020
SUBJECT: Mutual Aid Agreement between Plantation PD and Aventura PD
I am requesting that the attached mutual aid agreement between the Plantation Police
Department and the Aventura Police Department be placed on the February
Commission agenda for approval.
The agreement grants jurisdictional powers, within Aventura, to police officers from the
Plantation Police Department when they transport their prisoners for treatment to
Aventura Hospital from Plantation General Hospital.
The agreement is beneficial to the APD since it will alleviate us from providing our
manpower resources to monitor prisoners who require extended treatment.
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF PLANTATION FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement
between the City of Aventura and the City of Plantation for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
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 Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2020-
PASSED AND ADOPTED this 4th day of February, 2020.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MUTUAL AID AGREEMENT
(AVENTURA-PLANTATION)
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida,and the City of Plantation,Florida(collectively,the'Parties")to ensure the safety
of their citizens and visitors by providing adequate levels of police service to assess any
foreseeable routine or emergency situation; and
WHEREAS, there is an existing and continuing possibility that prisoners of the
City of Aventura Police Department and City of Plantation Police Department(collectively,
the"Agencies")may require hospital care prior to being turned over to the county jail; and
WHEREAS,the Aventura Hospital &Medical Center, located within the City of
Aventura; and Westside Regional Medical Center and Plantation General Hospital,located
within the City of Plantation; are affiliated hospitals that, from tune-to-time,may require
the transfer of prisoner-patients from one facility to the other for continued care;and
WHEREAS,it is recognized that under Florida law,the Agencies do not have the
authority to enforce the laws of the State of Florida outside their jurisdictional boundaries;
and
WHEREAS, the general welfare and safety of hospital patients, citizens, and
visitors to the cities of Aventura and Plantation mandate that prisoner-patients remain under
law enforcement custody and control for the duration of their hospital stay, until they are
released;and
WHEREAS,the Parties have authority under Part I of Chapter 23,Florida Statutes,
the Florida Mutual Aid Act,to enter into:
(1) A requested operational assistance agreement for the requesting and rendering
of assistance in law enforcement intensive situations and emergencies;and
(2) A voluntary cooperation agreement for assistance of a routine law enforcement
nature that crosses jurisdictional lines.
NOW, THEREFORE, BE IT KNOWN that the City of Aventura - a political
subdivision of the State of Florida,and the City of Plantation-a political subdivision of the
State of Florida, in consideration for mutual promises to render valuable aid in times of
necessity, do hereby agree to fully and faithfully abide by and be bound by the following
terms and conditions:
SECTIION I: DESCRIPTION
This mutual aid agreement("Agreement")provides for the temporary grant of law
enforcement authority and the requesting and rendering of law enforcement assistance for
the retention of custody and control of prisoner-patients,and combines elements of both a
MUTUAL AID AGREEMENT(AVENTURA-PLANTATION)
PRISONER/PATIENT TRANSPORT TO EXTRATERRITORIAL HOSPITALS
voluntary
cooperation agreement and a requested operational assistance agreement, as
described in Chapter 23,Florida Statutes.
Specifically, this Agreement embodies the consent of the Parties to allow for the
arresting agency("Requesting Agency")to have full police power and authority to enforce
the laws of the State of Florida only while supervising the care,custody and control of their
own prisoner-patients while receiving medical treatment at a hospital within the other
agency's("Assisting Agency")jurisdiction.
SECTION II: POLICY AND PROCEDURE
(a) In the event that a party to this Agreement is in need of assistance as set forth
above, an authorized representative of the Requesting Agency shall notify
the Assisting Agency, Agency Head, or designee. The Agency Head or
authorized agency representative of the Assisting Agency shall evaluate the
situation and the Agency's available resources, consult with supervisors if
necessary and will respond in a manner deemed appropriate. The Assisting
Agency Head's decision in this regard shall be final.
(b) The Requesting Agency shall have full police power and authority to enforce
the laws of Florida within the Assisting Agency's jurisdiction during the
transport of the prisoner patient to and from the hospital,and while retaining
security of their prisoner-patient at the hospital. This extra-territorial
authority shall be limited to the sole purpose of the care,custody and control
of the prisoner patient.
(c) Should a violation of Florida Statutes or Federal Law occur in the presence
of the Requesting Agency while supervising the custody of their prisoner-
patient, the officer(s) from the Requesting Agency shall be empowered to
render enforcement assistance and act in accordance with the law, in
furtherance of this agreement. The Requesting Agency shall request support
from the Assisting Agency immediately,or as soon as possible thereafter. A
violation within the Assisting Agency's jurisdiction will require the
prisoner-patient to be booked within that jurisdiction's jail, upon medical
clearance and release from the hospital.
(d) If no violations of State or Federal law are committed by the prisoner-patient
while within the Assisting Agency's jurisdiction, the Requesting Agency
need not book the prisoner patient within the assisting jurisdiction's jail
upon medical clearance and release.
SECTION III: POWERS,PRIVILEGES,IMMUNITIES AND COSTS
(a) Members of the Agencies when actually engaging in mutual cooperation and
assistance outside of their respective jurisdictional limits of Aventura or
Plantation under the terms of this Agreement, shall, pursuant to the
Page 2 of 5
MUTUAL AID AGREEMENT(AVENTURA-PLANTATION)
PRISONER/PATIENT TRANSPORT TO EXTRATERRITORIAL HOSPITALS
provisions of Section 23.127,Florida Statutes,have the same powers,duties,
rights,privileges, and immunities as if they were performing their duties in
the political subdivision in which they are normally employed.
(b) Each Party agrees to furnish the necessary equipment, resources, and
facilities and to render services to each Party to the Agreement as set forth
above, provided however, that no Party shall be required to unreasonably
deplete its own equipment, resources, facilities, and services in furnishing
such mutual aid.
(c) The Agency furnishing any equipment pursuant to this Agreement shall bear
costs for the use of, loss or damages to such equipment and shall pay any
expense incurred in the operation and maintenance thereof.
(d) Thshe Requesting Agency and the Assisting Agency pursuant to this section
each compensate its individual appointees/employees during the time
such aid is rendered and shall defray the actual travel maintenance expenses
of such employees while they are rendering such aid,including any amounts
paid or due for compensation due to personal injury or death while such
employees are engaged in rendering such aid. HOWEVER, if the
Requesting Agency receives compensation from the Federal Emergency
Management Agency (FEMA) for any tasks contemplated under this
Agreement,the Requesting Agency may compensate the Assisting Agency
during the time of the rendering of such aid and may defray the actual travel
and maintenance expenses of such employees while they are rendering such
aid, including any amounts paid or due for compensation as a result of
personal injury or death while such employees are rendering such aid as
pertains to this Agreement.
(e) All of the privileges and immunities from liability, exemption from laws,
ordinances and rules, and all pension, insurance,relief; disability, worker's
compensation,salary,death and other benefits which apply to the activity of
such officers,agents or employee of any such agency when performing their
respective functions within the territorial limits of their respective public
agencies shall apply to them to the same degree, manner, and extent while
engaged in the performance of any of their functions and duties
extraterritorially under the provisions of this Agreement.The provisions of
this section shall apply with equal effect to paid, volunteer, and reserve
employees.
SECTION IV: INDEMNIFICATION
Each Party engaging in any extraterritorial law enforcement activity,mutual
cooperation, and/or assistance,pursuant to this Agreement, agrees with respect to
any suit or claim for damages resulting from any and all acts,omissions,or conduct
of such party's own employees occurring while engaging in such activity pursuant
Page3of5
MUTUAL AID AGREEMENT(A -PLANTATION)
PRISONER/PATIENT TRANSPORT TO EXTRATERRITORIAL HOSPITALS
to this agreement,to be responsible for the defense of any claims or actions against
its own appointees or employees, subject to provisions of Section 768.28, Florida
Statutes,where applicable.
SECTION V:EFFECTIVE DATE
Upon execution and approval by the hereinafter-named officials this
Agreement shall take effect retroactively from and after October 1,2019, and shall
continue in full force and effect, until the expiration of a period of five (5) years
from October 1, 2019, unless terminated prior thereto by any or all of the Parties
herein.
SECTION VI: CANCELLATION
This Agreement may be cancelled by any Party upon delivery of written
notice to the other Party or Parties. Cancellation will be at the direction of any
subscribing Party.
IN WITNESS WHEREOF,the Parties hereto cause these presents to be signed
on the date specified.
L Stoner Ronald J.Wasson
Mayor City Manager
City of Plantation City of Aventura
Date: i,..t s-—Zo Date:
W. Howard Harrison Bryan Pegues
Chief of Police Chief of Police
City of Plantation,Florida City of Aventura,Florida
Date: /-/s",,20,6 Date:
-The remainder of this page has been intentionally left blank. City Clerks' and Parties'
Counsels' signature page immediately follows.-
Page 4 of 5
MUTUAL AID AGREEMENT(A -PLANTATION)
PRISONER/PATIENT TRANSPORT TO EXTRATERRITORIAL HOSPITALS
ATTEST: ATTEST:
*—
Susan K. Slattery Elba L.Horvath
CityClerk
City Clerk
City of Plantation City of Aventura
Appro s j Form: Approved as to Form:
Melissa ' er-P'esser David M.Wolpin
Police egal Advisor City Attorney
City of Plantation City of Aventura
Page 5 of 5
CITY OF AVENTURA
PUBLIC WORKS/TRANSPORTATION DEPARTMENT
MEMORANDUM
TO: City Commission
/0
FROM: Ronald J Wasson, City Manager
BY: Joseph S Kroll, Public Works/Transportation Director
DATE: January 31, 2020
SUBJECT: Renewal of FDOT Landscape Maintenance Contract for Biscayne
Boulevard
February 4, 2020 City Commission Meeting Agenda Item 5P
Recommendation:
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to renew the attached contract with the Florida Department of
Transportation (FDOT) for landscape maintenance along Biscayne Boulevard from the
Oleta River Bridge to the County line. The original contract was authorized by
Resolution 2018-27.
JSK/gf
Attachments:
Exhibit"A" FDOT Contract
Exhibit "B" Resolution
JSK20003
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT RENEWAL FOR LANDSCAPE
MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD
FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-
DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION 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
Contract Renewal by and between the City of Aventura and the Florida Department of
Transportation to provide landscape maintenance services on the Florida Department
of Transportation right-of-way on Biscayne Boulevard from the Oleta River Bridge north
to the Miami-Dade/Broward County line.
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 Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2020-
PASSED AND ADOPTED this 6th day of February, 2020.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CONTRACT#
TURF AND LANDSCAPE MAINTENANCE
DEPARTMENT FUNDED AGREEMENT
BETWEEN THE
FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF AVENTURA
This Agreement, is made and entered into this day of ,20_,by and
between the State of Florida Department of Transportation, a component agency of the State of
Florida, hereinafter referred to as the `DEPARTMENT', and City of Aventura, a municipal
corporation of the State of Florida,hereinafter referred to as the `LOCAL GOVERNMENT'.
RECITALS:
WHEREAS,the DEPARTMENT has jurisdiction and maintains State Road 5 (Biscayne
Boulevard/US-1) from just South of Oleta River Bridge to Miami-Dade/Broward County Line in
the LOCAL GOVERNMENT; and
WHEREAS,the DEPARTMENT, at the LOCAL GOVERNMENT's request, has agreed
to compensate the LOCAL GOVERNMENT for the maintenance of turf and landscape,hereinafter
referred to as the `PROJECT', and
WHEREAS, the LOCAL GOVERNMENT recognizes that the State Right-of-Way
contains turf and landscape,which requires ongoing maintenance;and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 407334-5-78-01, and has agreed to compensate the LOCAL
GOVERNMENT for turf and landscape maintenance services as further described in Exhibit"A"
—Scope of Services, and in accordance with the provisions of Exhibit"B"—Financial Summary,
which exhibits are attached hereto, and incorporated by reference; and
WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS,the LOCAL GOVERNMENT is aware this Agreement will supplement all
maintenance requirements between the DEPARTMENT and the LOCAL GOVERNMENT for
all previously executed Permits and Agreements; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e)and 339.12,Florida Statutes(F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein,the receipt and sufficiency of which are acknowledged,
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Aventura
Financial Project#407334-5-78-01
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the parties agree as follows:
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of this
Agreement, as if fully set forth herein.
2. GENERAL REQUIREMENTS AND OBLIGATIONS OF THE PARTIES
a. The LOCAL GOVERNMENT shall submit this Agreement to its LOCAL
GOVERNMENT Council/Commission for ratification or approval by resolution. A
copy of said resolution is attached hereto as Exhibit "D" - Local Government's
Resolution,and is herein incorporated by reference.
b. The LOCAL GOVERNMENT shall not commence the PROJECT until the effective
date of this Agreement, which shall be the date reflected on the written notice to
proceed, and the DEPARTMENT shall not compensate the LOCAL GOVERNMENT
for any PROJECT work undertaken prior to the effective date of this Agreement.
c. The LOCAL GOVERNMENT shall be responsible for the maintenance of all areas that
have turf and landscape within the DEPARTMENT's right-of-way(the project limits)
as described in Exhibit"A".
d. The LOCAL GOVERNMENT shall be responsible for performing the required
maintenance within the project limits with the minimum frequencies stipulated in
Exhibit"A".
e. All turf and landscape maintenance shall be in accordance with the latest edition of the
State of Florida "Guide for Roadside Mowing" and the latest edition of the
"Maintenance Rating Program", and Index 546 of the latest FDOT Design Standards.
f. Before the LOCAL GOVERNMENT starts the work, the DEPARTMENT shall be
notified, via fax or e-mail. The fax or e-mail shall be sent to the attention of the
North Miami-Dade Maintenance Engineer,Ivanohe Hernandez,P.E.at(305)640-7165
or ivanohe.hernandez@dot.state.fl.us
g. The LOCAL GOVERNMENT shall not be responsible for the clean-up, removal and
disposal of debris from the DEPARTMENT's right of way following a natural disaster
(i.e.hurricane,tornados,etc.). However,the cost of any cycle or part thereof impaired
by any such event may be deducted from the DEPARTMENT's affected quarterly
payment to the LOCAL GOVERNMENT.
h. It is understood between the parties hereto that all the landscaping covered by this
Agreement may be removed, relocated or adjusted at any time in the future as found
necessary by the DEPARTMENT in order that the adjacent state road be widened,
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altered or otherwise changed and maintained to meet with future criteria or planning of
the DEPARTMENT.
i. The LOCAL GOVERNMENT shall not plant additional landscaping within the limits
of the PROJECT,without prior written approval by the DEPARTMENT,in accordance
with Florida Administrative Code Rule 14-40.003. Such approval shall be in the form
of a separate written agreement that will require the LOCAL GOVERNMENT to
properly construct and maintain the additional landscaping without compensation from
the DEPARTMENT.
j. This Agreement shall not obligate the DEPARTMENT to pay the LOCAL
GOVERNMENT to maintain any additional landscaping, planted after the effective
date of this Agreement, within the limits of the PROJECT, and shall not obligate the
LOCAL GOVERNMENT to maintain any such additional landscaping.
k. Payments to the LOCAL GOVERNMENT shall be made in accordance with Sections
3 and 5 of this Agreement.
3. FINANCIAL PROVISIONS
a. The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT, up to the
maximum participating annual amount of$12,676.00 for completion of the services
described in Exhibit"A"—Scope of Services. The method of compensation is included
in Exhibit"B"—Financial Summary.
b. The LOCAL GOVERNMENT shall provide quantifiable, measurable, and verifiable
units of deliverables. Each deliverable must specify the required minimum level of
service to be performed and the criteria for evaluating successful completion. The
PROJECT, identified as PROJECT Number 407334-5-78-01, and the quantifiable,
measurable, and verifiable units of deliverables, consisting of the performance
measures services required to perform the PROJECT Scope of Services described in
Exhibit"A". (Section 287.058(1)(d) and(e),F.S.),
c. Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a
proper pre-audit and post audit based on the quantifiable, measurable and verifiable
units of deliverables as established in Exhibit"A", accompanied by the duly executed
certification document in Exhibit "C", thereby establishing that the Scope of Services
described in Exhibit "A" have been completed. Deliverables must be received and
accepted in writing by the DEPARTMENT's Project Manager prior to payments.
(Section 287.058 (1)(a), F.S.)
d. Supporting documentation must establish that the deliverables were received and
accepted in writing by the LOCAL GOVERNMENT, or performed by the LOCAL
GOVERNMENT, and must also establish that the required minimum level of service
to be performed based on the criteria for evaluating successful completion as specified
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in Exhibit "A" — Scope of Services was met (see Exhibit "C" — Turf and Landscape
JPA Work Certification Document).
e. There shall be no reimbursement or compensation for travel expenses under this
Agreement.
f. Payment shall be made only after receipt and approval of goods and/or services unless
advance payments are authorized by the Chief Financial Officer of the State of Florida
under Chapters 215 and 216, F.S. If the DEPARTMENT determines that the
performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT
shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which
correction shall be made within a time-frame to be specified by the DEPARTMENT.
The LOCAL GOVERNMENT shall, within five days after notice from the
DEPARTMENT,provide the DEPARTMENT with a corrective action plan describing
how the LOCAL GOVERNMENT will address all issues of contract non-performance,
unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or contract non-compliance. If the corrective action plan is
unacceptable to the DEPARTMENT, the LOCAL GOVERNMENT shall be assessed
a non-performance retainage equivalent to 10% of the total invoice amount. The
retainage shall be applied to the invoice for the then-current billing period. The
retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency.
If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the
DEPARTMENT for the retained amount during the next billing period. If the LOCAL
GOVERNMENT is unable to resolve the deficiency, the funds retained may be
forfeited at the end of the Agreement's term. (Section 287.058(1)(h), F.S.).
The LOCAL GOVERNMENT providing goods and/or services to the DEPARTMENT
should be aware of the following time frames. Inspection and approval of goods or
services shall take no longer than 5 working days unless the bid specifications,purchase
order, or contract specifies otherwise. The DEPARTMENT has 20 days to deliver a
request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or services
are received, inspected, and approved. (Section 215.422(1),F.S.).
If a payment is not available within 40 days, a separate interest penalty at a rate as
established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to
the invoice amount,to the LOCAL GOVERNMENT.Interest penalties of less than one
(1)dollar will not be enforced unless the LOCAL GOVERNMENT requests payment.
Invoices that have to be returned to LOCAL GOVERNMENT because of LOCAL
GOVERNMENT preparation errors will result in a delay in the payment. The invoice
payment requirements do not start until a properly completed invoice is provided to the
DEPARTMENT. (Section 215.422(3)(b), F.S.)
A Vendor Ombudsman has been established within the DEPARTMENT of Financial
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Services. The duties of this individual include acting as an advocate for LOCAL
GOVERNMENT who may be experiencing problems in obtaining timely payment(s)
from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
(Section 215.422(5)and(7), F.S.)
g. Records of costs incurred under the terms of this Agreement shall be maintained and
made available upon request to the DEPARTMENT at all times during the period of
this Agreement and for five (5) years after final payment is made. Copies of these
documents and records shall be furnished to the DEPARTMENT upon request.
Records of costs incurred include the LOCAL GOVERNMENT's general accounting
records and the PROJECT records, together with supporting documents and records,
of the contractor and all subcontractors performing work on the PROJECT, and all
other records of the Contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs. (Section 287.058(4),F.S.)
h. In the event this contract is for services in excess of$25,000.00 and a term for a period
of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby
incorporated:
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the DEPARTMENT that such funds are available prior to
entering into any such contract or other binding commitment of funds.Nothing
herein contained shall prevent the making of contracts for periods
exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts
of the DEPARTMENT which are for an amount in excess of$25,000.00 and
which have a term for a period of more than 1 year."
i. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by
the Florida Legislature. (Section 216.311,F.S.)
j. The LOCAL GOVERNMENT shall:
i. Utilize the U.S. DEPARTMENT of Homeland Security's E-Verify system to
verify the employment eligibility of all new employees hired by the LOCAL
GOVERNMENT during the term of the contract; and
ii. Expressly require any contractors and subcontractors performing work or
providing services pursuant to the state contract to likewise utilize the U.S.
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DEPARTMENT of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor during
the contract term. (Executive Order Number 2011-02).
The LOCAL GOVERNMENT shall insert the above clause into any contract entered into by
the LOCAL GOVERNMENT with vendors or contractors hired by the LOCAL
GOVERNMENT for purposes of performing its duties under this Agreement.
4. COMMUNICATIONS
All notices, requests, demands, consents, approvals, and other communication which are
required to be served or given hereunder, shall be in writing and shall be sent by certified U.S.
mail, return receipt requested, postage prepaid, addressed to the party to receive such notices
as follows:
To DEPARTMENT: Florida Department of Transportation
1000 NW 111th Avenue,Room 6205
Miami,Florida 33172-5800
Attention: District Maintenance Engineer
To LOCAL GOVERNMENT: City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Attention: City Manager
Notices shall be deemed to have been received by the end of five (5) business days from the
proper sending thereof unless proof of prior actual receipt is provided.
5. INVOICING
a. The LOCAL GOVERNMENT shall submit quarterly invoices for DEPARTMENT
review,approval,and payment in accordance with this Agreement.Quarterly payments
will be made upon invoice approval in an amount not to exceed one fourth of the
eligible PROJECT costs. Each invoice shall include a completed Turf and Landscape
JPA Work Certification Document (Exhibit "C") certifying that the goods and/or
services to be completed and paid under this Agreement have been satisfactorily
completed and delivered in accordance with the required Scope of Work in Exhibit
«A»
b. In the event temporary work by the DEPARTMENT's forces or by other Contractors
temporarily prevent the LOCAL GOVERNMENT from performing the work described
in this Agreement, the DEPARTMENT shall deduct from the affected quarterly
payment(s) the acreage affected area and only compensate the LOCAL
GOVERNMENT for the actual work it performs.
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i. The DEPARTMENT shall initiate this procedure only if the temporary work
prevents the LOCAL GOVERNMENT from performing its work for a period
of one(1)month or longer.
c. In the event this Agreement is terminated as established in Section 8 herein, payment
will be prorated within the quarter in which termination occurs. The prorated payment
shall be for approved work meeting the requirements stipulated in this Agreement.
6. FINANCIAL CONSEQUENCES
Payment shall be made only after receipt and approval of goods and services unless advance
payments are authorized by the Chief Financial Officer of the State of Florida under Chapters
215 and 216, F.S. Deliverable(s) must be received and accepted in writing by the Contract
Manager on the DEPARTMENT's invoice transmittal forms prior to payment. If the
DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is
unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the
deficiency to be corrected,which correction shall be made within thirty(30)calendar days by
the LOCAL GOVERNMENT. The LOCAL GOVERNMENT shall,within five(5)days after
notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan
describing how the LOCAL GOVERNMENT will address all issues of contract non-
performance, unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or contract non-compliance. If the corrective action plan is
unacceptable to the DEPARTMENT, the DEPARTMENT may, at its option, proceed as
follows:
a. The LOCAL GOVERNMENT shall be assessed a non-performance retainage
equivalent to 10% of the total invoice amount. The retainage shall be applied to the
invoice for the then-current billing period. The retainage shall be withheld until the
LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently
resolved,the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained
amount during the next billing period. If the LOCAL GOVERNMENT is unable to
resolve the deficiency,the funds retained may be forfeited at the end of the Agreement
period. (Section 287.058(1)(h),F.S.)
b. Maintain the median or roadside area(s) declared deficient with DEPARTMENT
and/or a Contractor's material,equipment and personnel. The actual cost for such work
will be deducted from the DEPARTMENT's affected quarterly payment to the LOCAL
GOVERNMENT; or
c. Terminate this Agreement.
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7. EXPIRATION/RENEWAL
This Agreement is for a term of one(1)year beginning on the effective date of this Agreement,
which shall be the date reflected on the written notice to proceed, and may be renewed twice,
only if mutually agreed to in writing by the DEPARTMENT and the LOCAL
GOVERNMENT. Any such renewal shall be subject to the same terms and conditions set
forth in this Agreement, and shall be contingent upon both satisfactory LOCAL
GOVERNMENT performance evaluations by the DEPARTMENT and the availability of
funds.
This Agreement may be extended if mutually agreed in writing by both parties, for a period
not to exceed six(6)months and shall be subject to the same terms and conditions set forth in
this Agreement. There shall be only one(1)extension of this Agreement.
8. TERMINATION
This Agreement, or part hereof, is subject to termination under any one of the following
conditions:
a. In the event the DEPARTMENT exercises the option identified by Section 6 of this
Agreement.
b. As mutually agreed by both parties.
c. In accordance with Section 287.058(1)(c),F.S.,the DEPARTMENT shall reserve the
right to unilaterally cancel this Agreement if the LOCAL GOVERNMENT refuses to
allow public access to any or all documents,papers, letters, or other materials made or
received by the LOCAL GOVERNMENT pertinent to this Agreement which are
subject to provisions of Chapter 119,of the F.S.
9. ENTIRE AGREEMENT
This Department Funded Agreement is the entire Agreement between the parties hereto,and it
may be modified or amended only by mutual consent of the parties in writing.
10. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
11. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and the
LOCAL GOVERNMENT expressed in writing, executed and delivered by each party.
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12. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,the remainder
of this Agreement shall not be affected thereby, if such remainder continues to conform to the
terms and requirements of applicable law.
13. INDEMNIFICATION
Subject to Section 768.28,Florida Statutes,as may be amended from time to time,the LOCAL
GOVERNMENT shall promptly indemnify, defend, save and hold harmless the
DEPARTMENT, its officers, agents, representatives and employees from any and all losses,
expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims,
demands, liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any
nature or kind whatsoever caused by, arising out of, or related to the LOCAL
GOVERNMENT's negligent exercise or of its responsibilities as set out in this AGREEMENT,
including but not limited to,any negligent act,negligent action,negligence or omission by the
LOCAL GOVERNMENT, its officers, agents, employees or representatives in the
performance of this AGREEMENT,whether direct or indirect,except that neither the LOCAL
GOVERNMENT nor any of its officers, agents, employees or representatives will be liable
under this provision for damages arising out of injury or damages caused or resulting from the
negligence of the DEPARTMENT.
The LOCAL GOVERNMENT's obligation to indemnify, defend and pay for the defense of
the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the
DEPARTMENT in the defense and trial of any claim and any related settlement negotiations,
shall be triggered immediately upon the LOCAL GOVERNMENT's receipt of the
DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal
notice mailing requirements set forth in Section 4 of this AGREEMENT. The
DEPARTMENT's failure to notify the LOCAL GOVERNMENT of a claim shall not release
the LOCAL GOVERNMENT of the above duty to defend and indemnify the DEPARTMENT.
The LOCAL GOVERNMENT shall pay all costs and fees related to this obligation and its
enforcement by the DEPARTMENT. The indemnification provisions of this section shall
survive termination or expiration of this AGREEMENT, but only with respect to those claims
that arose from acts or circumstances which occurred prior to termination or expiration of this
AGREEMENT.
The LOCAL GOVERNMENT's evaluation of liability or its inability to evaluate liability
shall not excuse the LOCAL GOVERNMENT's duty to defend and indemnify the
DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after
Turf and Landscape Maintenance Department Funded Agreement
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the highest appeal is exhausted, specifically finding the DEPARTMENT was negligent shall
excuse performance of this provision by the LOCAL GOVERNMENT.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF AVENTURA: STATE OF FLORIDA,DEPARTMENT
OF TRANSPORTATION:
BY: BY:
LOCAL GOVERNMENT MANAGER DISTRICT SECRETARY
ATTEST: ATTEST:
(SEAL)LOCAL GOVERNMENT CLERK (SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
LOCAL GOVERNMENT ATTORNEY DISTRICT CHIEF COUNSEL
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Aventura
Financial Project#407334-5-78-01
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Exhibit "A"
Scope of Services
Maintenance Responsibilities of the LOCAL GOVERNMENT
The LOCAL GOVERNMENT shall be responsible for the maintenance of all turf and
landscape areas within the DEPARTMENT's right of way on the State Roads below in
accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which
shall include but shall not be limited to the Maintenance Rating Program Handbook, as may
be amended from time to time. Additionally,the LOCAL GOVERNMENT shall maintain the
all turf and landscape areas in accordance with the International Society of Arboriculture
standards, the latest FDOT Design Standard, guidelines, and procedures, as may be amended
from time to time.
State Street Name From To
Road
No
5 Biscayne Just South of Oleta River Miami-Dade/Broward
Boulevard/US-1 Bridge County Line
For each of the following work activities, the LOCAL GOVERNMENT shall be responsible
for performing these minimum frequencies:
• Litter Pickup- eighteen (18)times per year
• Mowing, including edging and sweeping - eighteen(18)times per year
• Landscape Maintenance/Tree Trimming - eighteen(18)times per year
The LOCAL GOVERNMENT shall perform a minimum of two cycles per quarter for each of
the work activities described above.
The LOCAL GOVERNMENT's maintenance obligations shall include but not be limited to:
a. Mowing, cutting and/or trimming and edging the grass and turf.
b. Pruning all plant materials,which include trees,shrubs and ground covers,and parts
thereof, including all material from private property encroaching into the
DEPARTMENT'S right-of-way
c. Maintaining existing decorative bricks,mulch and other aesthetic features currently
found within these corridors.
d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to
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maintain the current landscape and turf in a healthy and vigorous growing
condition.
e. Paying for all water use and all costs associated therewith.
f. Pruning such parts thereof which may present a visual or other safety hazard for
those using or intending to use the right-of-way.
g. Removing and disposing of all undesirable vegetation including but not limited to
weeding of plant beds and removal of invasive exotic plant materials.
h. Removing and properly disposing of dead,diseased or otherwise deteriorated plants
in their entirety, and replacing those that fall below the standards set forth in all
applicable DEPARTMENT guidelines, standards and procedures as may be
amended from time to time.
i. Removing and disposing of all trimmings, roots, branches, litter, and any other
debris resulting from the activities described by(a)to(h).
j. Submitting Lane Closure Requests to the DEPARTMENT when maintenance
activities will require the closure of a traffic lane in the DEPARTMENT's right-of-
way. Lane closure requests shall be submitted through the District Six Lane
Closure Information System,to the DEPARTMENT's area Permit Manager and in
accordance with the District Six Lane Closure Policy, as may be amended from
time to time.
FDOT Financial Project Number: 407334-5-78-01
County: Miami-Dade
FDOT Project Manager:
Ivanohe Hernandez,P.E. -(305)640-7165 or ivanohe.hernandez@dot.state.fl.us
LOCAL GOVERNMENT Project Manager:
Ronald J. Wasson, City Manager-(305)466-8910 or rwasson@cityofaventura.com
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Exhibit "B"
Financial Summary
Financial Responsibilities of the LOCAL GOVERNMENT
The LOCAL GOVERNMENT shall submit invoices to the DEPARTMENT as described in
Section 5 of this Agreement for the work described in Exhibit "A". The following are the
maximum participating compensation amounts the DEPARTMENT will make annually for each
of these work activities:
• Litter Pickup: $824.00
• Mowing,including edging and sweeping: $2,136.00
• Landscape/Tree Trimming: $9,716.00
TOTAL ANNUAL PROJECT AMOUNT ELIGIBLE FOR COMPENSATION BY
THE DEPARTMENT: $12,676.00
The LOCAL GOVERNMENT may choose to exceed the required minimum maintenance
frequencies for each of the work activities described above at no additional cost to the
DEPARTMENT.
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Exhibit "C"
Turf and Landscape Maintenance Department Funded Agreement
between the Florida Department of Transportation and City of Aventura
Financial Project#407334-5-78-01
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
TURF AND LANDSCAPE IPA WORK CERTIFICATION DOCUMENT
CONTRACT NO: Q1/Q2/Q3/04:
MUNICIPALITY: INVOICE NO:
PAGE OF
Instructions: Form to be completed by the Municipality certifying and documenting when the work was performed. The Department's
Yard Engineer,or designee,will complete the portion confirming that the work performed meets the IPA scope.
Date Work Performed
Location/SR
Litter Pickup Mowing* Landscape/Tree Trimming
Comments/Remarks:
MUNICIPALITY CERTIFYING WORK WAS COMPLETED PER CONTRACT FDOT CONFIRMS WORK WAS COMPLETED PER CONTRACT
Name(Print): Name(Print):
Signature: Signature:
Date: Date:
•mowing work description also includes all types of mowing and edging/sweeping
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Exhibit "D"
LOCAL GOVERNMENT's Resolution
To be herein incorporated once approved by the LOCAL GOVERNMENT Council/Commission.
Turf and Landscape Maintenance Department Funded Agreement
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CITY OF AVENTURA
DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald Wasson, City Manager
BY: Antonio F. Tomei, Capital Projects Manager a..ed
THRU: Joseph S. Kroll, Public Works and Transportation Director
DATE: January 15, 2020
SUBJECT: Recommendation —Work Authorization No. 2020-043508109-001
Professional Design Services for Yacht Club Drive Drainage
Improvements — Kimley - Horn
February 4, 2020 City Commission Meeting Agenda Item 5-C7-
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Work Authorization No. 2020-043508109-001 to Kimley-Horn for Professional Design
Services for Yacht Club Drive Drainage Improvements for an amount of $63,028. This
project is included in the Capital Improvements Program for the 2020/21 fiscal year.
Background
The project is to be designed in accordance with the City's Capital Improvement
Program approved by the City Commission. In particular, design plans will address
removal and replacement of existing drainage infrastructure along Yacht Club Drive.
The project will also include improvements to the landscape medians. The cost includes
services pertaining to civil design, permitting, bidding, surveying and construction
services. The budgeted amount for this project is $750,000 and will be funded by
Budget Line Item #410-5401-538-6306.
If you have any questions or need any additional information, please feel free to contact
me.
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE ATTACHED WORK AUTHORIZATION NO. 2020-043508109-
001 FOR PROFESSIONAL DESIGN SERVICES FOR THE YACHT
CLUB DRIVE DRAINAGE IMPROVEMENTS PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND KIMLEY HORN; 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
Work Authorization No. 2020-043508109-001 ($63,028) for professional design
services for the Yacht Club Drive Drainage Improvements project by and between the
City and Kimley Horn.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. The funds to be allocated and appropriated pursuant hereto and for
the purposes of carrying out the tenets of this Resolution shall be from Budget Line
Item Number 410-5401-538-6306.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2020-
PASSED AND ADOPTED this 4th day of February, 2020
ENID WEISMAN, MAYOR
ATTEST:
ELLISA HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
WORK AUTHORIZATION NO. 2020-043508109-001
YACHT CLUB DRIVE DRAINAGE IMPROVEMENTS
The City of Aventura has requested Work Authorization No. 2020-043508109-001 as provided
for in the Agreement between the City of Aventura and Kimley-Horn and Associates, Inc. and
approved by the City Commission on July 9, 2019.
This Work Authorization No. 2020-043508109-001 provides for technical services in accordance
with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services
Exhibit A.
Payment for such services shall be in accordance with Article 5 of the Agreement.
Design Phase
Construction Documents $31,140.00
Total Design Phase—Lump Sum $31,140.00
Permitting Phase
Miami-Dade County Permitting $5,158.00
Total Permitting—Lump Sum $5,158.00
Bidding Phase
Bidding $3,342.00
Total Bidding Phase—Lump Sum $3,342.00
Construction Phase
Site Visits $23,388.00
Total Construction Phase—Lump Sum $23,388.00
Total Lump Sum Labor Fee $63,028.00
The time period for this work authorization will be:
Design Phase 90 Days
Permitting Phase 60 Days
Bidding Phase 45 Days
Construction Phase (estimate) 180 Days
CITY:
CITY OF AVENTURA, FLORIDA
through its ' y Manager
BY 4*-1-44P 64444^
City Mana
Ronald J. asson
day of , 2020
Notice to Proceed Yes No
Project Initiation Date
RECOMMENDED through its
Director of Public Works Transportation
BY
P • 'c W' sDirect•r
Joseph S. Kroll
�� day of' � ,2020
Exhibit A
Project Description
This proposal is to prepare construction documents for the removal and replacement of the
existing drainage infrastructure along Yacht Club Road from NE 34th Avenue east to the
entrance of the Golden Pointe neighborhood within the City of Aventura, approximately 3,100
LF. The project also includes improvements to the landscaped medians which will include
removal of the invasive species and installation of less intrusive root system landscaping.The
plans will be prepared using high resolution aerials and any available survey information the
City has on file. No additional surveying will be completed as part of this project.The
professional services associated with the project include design, permitting, bidding assistance
and limited construction phase services.
Scope of Services
The professional services for this project will include the following:
Task 1—Construction Documents
As part of this Task,the Consultant will prepare engineering plans depicting the proposed
drainage and landscape improvements along Yacht Club Drive.The Consultant will utilize high
resolution aerials and any available survey information the City has on file.
The Consultant will perform engineering and design services for the preparation of construction
plans and design requirements as notes on the plans.These construction plans shall consist of
engineering plans that will depict the removal of existing drainage infrastructure and
landscaping and the installation of new drainage infrastructure and landscaping along Yacht
Club Road from NE 34th Avenue east to the entrance of the Golden Pointe neighborhood.The
project will also include improvements to the existing medians as needed throughout the
project limits.The existing drainage wells will not be modified or replaced as part of this
project.
Construction plans will be prepared to a level suitable to submit to Miami-Dade County for
review and comment and to be utilized in a competitive bidding process. During this task,
Kimley-Horn will perform the following:
• Attend coordination meetings with the City to discuss project requirements.
• Prepare construction plans for the proposed improvement areas which will delineate
the drainage infrastructure removal and replacement, removal and replacement of
existing landscaping, median improvements,along with site restoration. The plans will
also include notes, details and erosion and sediment control measures.
• Prepare Project Manual to include technical specifications for inclusion into the City's
Bid package.
Task 2—Permitting
Kimley-Horn will prepare permit applications with supporting documentation to the following
jurisdictional regulatory agencies. Kimley-Horn will address up to two(2) rounds of comments
for the regulatory agency submittals identified below.
1. Miami-Dade County
a. Tree removal
b. Plan review
No other agency approvals are included in this scope of services other than those identified
above. Kimley-Horn does not guarantee the issuance of permits or approvals. If permits are
issued for this project,the conditions and expiration dates are the sole responsibility of the
City. Kimley-Horn is not responsible for extending time limited entitlements or permits.The City
shall provide all permit fees.
Task 3—limited Bidding Assistance
It is our understanding that the City will use a competitive bidding process to award the contact
to a qualified contractor to construct the improvements. Kimley-Horn shall consult with and
advise the City for the proposed improvements during the bidding process.This task is limited
to attendance of one (1) pre-bid meeting and issuance of addenda in response to interested
contractor questions or requests for information during the bid process. All responses by
Kimley-Horn will be approved by the City prior to issuance. Once bids are received, Kimley-Horn
shall review the bids and provide a recommendation to the City of the apparent low bidder's
price proposal.The City will be responsible in making the award.
Task 4—Construction Phase Services
As the Engineer of Record,the Consultant will provide limited construction phase services to
assist the City in providing plan clarifications as well as responding to requests for information
(RFI's) during the construction of the project. Additionally,the Consultant will review the
provided shop drawings for general compliance with the intent of the design. The services
provided in this Task are sufficient for the Consultant to certify the project upon completion of
construction to the City of Aventura.
STAFF HOUR ESTIMATE
PROJECT: Yacht Club Drive Drainage Improvements
CLIENT: City of Aventura
ESTIMATOR: Stefano Viola
DESCRIPTION: DIRECT LABOR (MAN-HOURS)
Senior
Principal Supervising Senior Project Engineer Field Administrative/ Expenses Line
Engineer Engineer Engineer Representative Clerk Total
Task 1:Construction Documents
Site visit 4 4- $1,428.00
Plan preparation 2 10 60 80 1 $22,045.00
Drainage calculations 2 12 20 1 $4,889.00
Project Manual preparation 4 12 2 $2,778.00
Task 2: Permitting
Miami Dade County-Tree Removal 2 6 - 4 - 1 $1,909.00
Miami Dade County-Plan Review 2 8 12 1 $3,249.00
Task 3:Limited Bidding Assistance
Pre-bid meeting 3 3 1 $1,146.00
Review bids 3 10 1 $2,196.00
Task 4:Construction Phase Services _
Site Visits 24 24 156 $23,388.00
TOTAL HOURS 2 54 0 139 116 156 8 S0.00
LABOR(S/HOUR) 250.00 207.00 207.00 150.00 130.00 95.00 75.00 1.00
SUBTOTAL $500.00 $11,178.00 $0.00 $20,850.00 $15,080.00 $14,820.00 $600.00 $0.00
PAGE TOTAL $63,028.00 $63,028.00
1 1/15/2020
Kimley>>>Horn
ESTIMATED QUANTITIES
Project: City of Aventura-Yacht Club Drive Drainage Improvements
Date: 1/15/2020
KHA No: 43508109
Location: City of Aventura, Florida
Estimated
Item No. Description Unit Unit Price Value
Quantity
Drainage
1 Mobilization 1 LS $ 50,000.00 $ 50,000.00
2 Maintenance of Traffic 1 LS $ 25,000.00 $ 25,000.00
3 Demolition/Pipe Removal 1 LS $ 50,000.00 $ 50,000.00
4 Exfiltration Trench 2,035 LF $ 150.00 $ 305,250.00
5 18"Pipe 340 LF $ 80.00 $ 27,200.00
6 Manhole 12 EA $ 5,000.00 $ 60,000.00
7 Inlet 4 EA $ 5,000.00 $ 20,000.00
8 Adjust Existing Utility Covers 1 LS $ 10,000.00 $ 10,000.00
9 Signing and Marking 1 LS $ 15,000.00 $ 15,000.00
10 Site Restoration 1 LS $ 10,000.00 $ 10,000.00
Subtotal: $ 572,450.00
Subtotal: $ 572,450.00
25%Contingency: $ 143,112.50
Total Construction Cost: $ 715,562.50
Notes:
1.The Engineer has no control over the cost of labor,materials,equipment,or over the Contractor's methods of determining prices or over
competitive bidding or market conditions.Opinions of probable costs provided herein are based on the information known to Engineer at this time and
represent only the Engineer's judgment as a design professional familiar with the construction industry.The Engineer cannot and does not guarantee
that proposals,bids,or actual construction costs will not vary from its opinions of probable costs.
2.Due to current conditions in the construction industry,this Opinion of Probably Construction Cost is based on our most current data.We have added
a 25%contingency onto the OPC it may still be below the actual bid.
pg. 1 of 1
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager er ke
DATE: January 31, 2020
SUBJECT: Resolution Appointing Member to the Community Services Advisory
Board
February 4, 2020 City Commission Meeting Agenda Item 5 4
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution appointing
Marjorie Rosenblatt as a member to the City of Aventura Community Services Advisory
Board for the remainder of the term of recently resigned member, Annette Weissman.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO1773-19
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A
MEMBER TO THE CITY OF AVENTURA COMMUNITY SERVICES
ADVISORY BOARD FOR THE REMAINDER OF THE TERM FOR A
RECENTLY RESIGNED MEMBER; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individual to serve as member of the Community Services
Advisory Board, to replace member Annette Weissman who recently resigned, for the
remainder of that member's term through March 2020:
Marjorie Rosenblatt
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who moved
its adoption. The motion was seconded by Commissioner , and upon being
put to a vote, the vote was as follows:
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Gladys Mezrahi
Commissioner Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
PASSED AND ADOPTED this 4th day of February, 2020.
City of Aventura Resolution No. 2020-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: January 31, 2020
SUBJECT: Collective Bargaining Agreement Between the City and the Police
Benevolent Association
February 4, 2020 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the subject document.
BACKGROUND
The City Administration and PBA finalized a Collective Bargaining Agreement. The
Agreement is for the period of October 1, 2019 to September 30, 2022. The
Agreement conforms to the parameters established by the City Commission.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO1866-20
RESOLUTION NO. 2020-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
COLLECTIVELY BARGAINED CONTRACT ATTACHED HERETO BY
AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Collectively Bargained Contract, attached hereto and
incorporated herein, is hereby accepted by the City Commission, and the City Manager
is hereby authorized on behalf of the City to execute and otherwise enter into said
Collective Bargaining Agreement by and between the City of Aventura and the Dade
County Police Benevolent Association.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the Agreement described in
Section 1 above and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption with certain sections retroactive to October 1, 2019 and upon the execution of
the Agreement by the City Manager and the Dade County Police Benevolent
Association representatives.
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 Robert Shelley
Commissioner Howard Weinberg
Vice Mayor Marc Narotsky
Mayor Enid Weisman
City of Aventura Resolution No. 2020-
PASSED AND ADOPTED this 4th day of February, 2020.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 20196 to September 30, 20224-9
Table of Contents
Page Number
ARTICLE 1 Preamble 1
ARTICLE 2 Recognition 2
ARTICLE 3 Non-Discrimination 3
ARTICLE 4 Dues Deductions 4
ARTICLE 5 Management Rights 6
ARTICLE 6 PBA Business 8
ARTICLE 7 PBA Representation 9
ARTICLE 8 No Strike 11
ARTICLE 9 Legal Representation 13
ARTICLE 10 Salaries 14
ARTICLE 11 Severability Clause and Zipper Clause 17
ARTICLE 12 Rules, Directives and Personnel Policies 18
ARTICLE 13 Grievance Procedure 19
ARTICLE 14 Seniority 24
ARTICLE 15 Labor— Management Committee 26
ARTICLE 16 Workweek and Overtime 27
ARTICLE 17 Off-Duty Police Work 29
ARTICLE 18 Equipment and Maintenance 30
ARTICLE 19 Personnel Records 32
ARTICLE 20 Bereavement Leave 33
ARTICLE 21 Holiday Leave 34
ARTICLE 22 Personal Leave 35
ARTICLE 23 Training 36
ARTICLE 24 Transfers, Shift Change and Substitutions 37
ARTICLE 25 Group Insurance 38
ARTICLE 26 Promotion Procedures 39
ARTICLE 27 Probationary Employees 40
ARTICLE 28 Sick Leave 41
ARTICLE 29 Pension Plan 43
ARTICLE 30 Take Home Police Vehicle Policy 46
ARTICLE 31 Workers' Compensation Fraud 47
ARTICLE 32 Drug and Alcohol Testing 48
ARTICLE 33 Reopening of Negotiations 58
ARTICLE 34 Court Time 59
ARTICLE 35 Term of Agreement 60
EXHIBIT A Salary Plan 61
ARTICLE 1
Preamble
This Agreement is entered into this day of , 201207 by and
between the City of Aventura, a Florida Municipal Corporation, hereinafter
referred to as "THE CITY" or "CITY" or "EMPLOYER" and the Dade County
Police Benevolent Association hereinafter referred to as "PBA" or "Association".
WHEREAS, this Agreement reduces to writing the understandings of the
City and the PBA to comply with the requirements contained in Chapter 447,
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmonious
relationship between the City and the PBA and to encourage more effective
employee service in the public interest; and
WHEREAS, it is understood that the City is engaged in furnishing essential
public services which vitally affect the health, safety, comfort and general well being
of the public and the PBA recognizes the need to provide continuous and reliable
service to the public;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
1
ARTICLE 2
Recognition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
collective bargaining with respect to wages, hours and other conditions of
employment for those employees included within the certified bargaining unit
described in PERC Certification No. 1237 (January 15, 1999).
Included: Sworn police personnel of the ranks of Police Officer and
Police Sergeant.
Excluded: All other Department employees.
2
ARTICLE 3
Non-Discrimination
Section 1 . The City and PBA agree not to discriminate against any
employee covered by this Agreement because of age, sex, marital status, race,
color, creed, national origin, religious affiliation, physical handicap or disability or
sexual orientation.
Section 2. The parties agree not to interfere with the rights of
employees to become members of PBA, or to refrain from such activities and that
there shall be no discrimination, interference, restraint or coercion by the parties
against any employee because of membership or non - membership.
3
ARTICLE 4
Dues Deductions
Section 1 . PBA members may authorize payroll deductions for the
purpose of paying PBA dues. Any member of the PBA who has submitted a
properly executed dues deduction form to the City Manager or his or her designee
may have his or her membership dues in the PBA deducted from his or her wages.
No authorization shall be allowed for payment of initiation fees, assessments, or
fines. Payroll deductions shall be revocable at any time upon request by the
employee to the CITY and PBA in writing. The payroll deduction cancellation
shall be effective thirty (30) days after receipt of notice revocation.
Section 2. Dues deducted shall be transmitted to the PBA on a monthly
basis, accompanied by a list of those employee's names whose dues are
included.
Section 3. It shall be the responsibility of the PBA to notify the City
Manager or his designee, in writing of any change in the amount of dues to be
deducted at least thirty (30) days in advance of said change.
Section 4. The PBA shall indemnify, defend and hold the City harmless
against any and all claims, suits, orders, and judgments brought and issued against
the City as a result of any action taken or not taken by the City under the provisions
of this Article.
Section 5. The employee's earnings must be regularly sufficient, after
other legal and required deductions are made, to cover the amount of
appropriate PBA dues. When a member is in a non-pay status for an entire pay
period, dues deduction from future earnings may not be made to cover that pay
period. In the case of an employee who in non-pay status during only part of the
4
pay period, if available wages are not sufficient to cover the full dues deduction,
no deduction shall be made. In this connection all legally required deductions
have priority over dues.
5
ARTICLE 5
Management Rights
Section 1 . The PBA recognizes the right of the City to operate, manage
and direct all affairs of all departments within the City, except as otherwise
expressly provided elsewhere in this Agreement, including the right:
(a) To exercise complete and unhampered control to manage, direct,
and totally supervise all employees of the City.
(b) To hire, promote, transfer, schedule, train, assign and retain
employees in positions with the City and to establish procedures therefor.
(c) To suspend, demote, discharge, lay off, or take other disciplinary
action for just cause against employees in accordance with this collective
bargaining Agreement, the City's Personnel Policies and Regulations,
procedures and departmental policies.
(d) To maintain the efficiency of the operations of the Police
Department.
(e) To determine the structure and organization of City government,
including the right to supervise, subcontract, expand, consolidate or merge any
department, and to alter, combine, eliminate, or reduce any division thereof.
(f) To determine the number of all employees who shall be employed
by the City, the job description, activities, assignments, and the number of hours
and shifts to be worked per week, including starting and quitting time of all
employees.
(g) To determine the number, types, and grades and salary structures
of positions or employees assigned to an organizational unit, department or
project, and the right to alter, combine, reduce, expand or cease any position.
(h) To set its own standards for services to be offered to the public.
6
(i) To determine the location, methods, means and personnel by
which operations are to be conducted.
(j) To determine what uniforms the employees are required to wear
while on duty.
(k) To set procedures and standards to evaluate City employees job
performance.
(1) To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions.
(m) To determine internal security practices.
(n) Introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to exercise
those rights and powers incidental thereto, including the right to make unilateral
changes when necessary.
(o) Control the use of equipment and property of the City.
(p) To formulate and implement department policy, procedures rules and
regulations.
Section 2. It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the realm of
related duties.
Section 3. Any right, privilege, or function of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City.
7
ARTICLE 6
PBA Business
Section 1 . The City shall provide PBA with a bulletin board. A copy of
all notices or bulletins of the PBA that are to be posted shall be submitted to the
City Manager, or designee. There shall be no other general distribution or posting
by employees of pamphlets, advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided. The bulletin boards
authorized by the City for use by PBA may be used by the PBA under the terms
of this Article, only for the purpose of posting the following notices and
announcements:
(a) Notices of PBA meetings;
(b) Notices of PBA elections;
(c) Notices of PBA appointment to office;
(d) Notices of PBA recreational and social affairs;
(e) Notices of Collective Bargaining Agreement ratification meetings; and
(f) Minutes of Association Meetings.
Official PBA representatives shall post all notices. Any intentional violation
of this provision by the PBA shall result in the privilege of such use of the bulletin
boards being withdrawn.
8
ARTICLE 7
PBA Representation
Section 1 . Neither party in negotiations shall have any control over the
selections of the negotiating or bargaining representative of the other party. The
bargaining committee of the PBA shall not consist of more than four individuals,
at least one of whom must be a member of the Aventura bargaining Unit. No
more than two PBA bargaining unit representatives shall be released from duty
with pay for purposes of collective bargaining. The PBA will furnish the City with
a written list of the PBA bargaining committee, prior to the first bargaining
session, and will substitute changes thereto in writing to the City. The City agrees
to alter or flex the schedule of any PBA representative to allow the
representatives to attend bargaining sessions on duty regardless of shift, so long
as it does not create an overtime situation or cost to the City.
Section 2. PBA representatives shall be allowed to communicate official
PBA business to members prior to on-duty roll call.
Section 3. After securing permission from the Police Chief or his
designee, PBA representatives and agents may be permitted to discuss PBA
grievances with members during their duty hours provided such discussions shall
not interfere with the performance of the member's duties and service to the
community, as determined by the Police Chief.
Section 4. Special conferences on important matters will be arranged
as necessary between the officers of the PBA and the City Manager or Police
Chief upon the request of either party. PBA representatives shall be limited to not
more than two on-duty persons.
Section 5. The PBA agrees that there shall be no solicitation of City
employees for membership in the PBA, signing up of members, collection of
9
initiation fees, dues or assessments, meetings, distribution of PBA or affiliated
PBA literature or any other business activity of the PBA on City time and during
the working hours of City employees.
Section 6. Off-duty time spent on negotiations or grievances shall not
be deemed "hours worked" as defined by FLSA, nor shall such time be accrued
toward overtime in any employees work day or workweek.
Section 7. The City and the PBA agree that there will be no collective
bargaining negotiations attempted or entered into between any persons other
than the City Manager and/or his designee and designated representatives of the
Association. Any attempt to circumvent the proper bargaining process shall be
deemed grounds for either party to file an unfair labor practice and shall result in
appropriate charges being filed against the offending party.
10
ARTICLE 8
No Strike
Section 1. "Strike" means the concerted failure to report for duty, the
concerted absence of employees from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstinence in whole
or in part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
Section 2. Neither the PBA, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will instigate,
promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown,
sick-out, concerted stoppage or work, illegal picketing, or any other interruption of
the operations of the City.
Section 3. Each employee who holds a position with the PBA occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the strike prohibition in Section 447.505, Florida
Statutes and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the PBA, its officers, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
11
Article and the law by remaining at work during any interruption which may be
initiated by others; and their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Section 4. Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the
City.
Section 5. The City agrees to adhere to the provisions of Chapter 447,
Florida Statutes, regarding the prohibition on lockouts.
12
ARTICLE 9
Legal Representation
Section 1 . Whenever a civil suit in tort is brought against an employee
for injuries or damages suffered as a result of any act, event, or omission of
action which is alleged to have occurred while the employee was on duty or
acting within the scope of his/her employment, the City will investigate the
circumstances to determine whether the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
Section 2. If the City determines that the employee did not act in bad
faith or with malicious purpose or in a manner exhibiting wanton and willful
disregard of human rights, safety or property, the City shall undertake the
defense of the employee as required by law. Said defense shall cease upon
judicial finding, or finding by the City, that the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
13
ARTICLE 10
Salaries
Section 1 . All police officers and sergeants employed by the City as of
the date of ratification of this Agreement shall receive a twoth� percent
(2_03-9%) cost of living increase retroactive to the first full pay period starting in
October 20196.
Section 2. All police officers and sergeants employed by the City on
October 1, 20 shall receive a three two and one half percent (2_5-3-9%) cost
of living increase beginning the first full pay period starting in October 2020 .
Section 3. All police officers and sergeants employed by the City on
October 1 , 20214-B shall receive a three percent (3.0%) cost of living increase
beginning the first full pay period starting in October 2021 . Exhibit A to this
Agreement sets forth the salary plan for officers and sergeants resulting from the
foregoing cost of living increases.
Section 4.
(a) All employees covered by this Agreement, provided that they have
earned a quality point average on their evaluation of 3.5 or more shall be eligible
for a merit salary increase, (move to the next step in the pay plan) except as
provided in Section (b) herein, on the employee's anniversary date. The
anniversary date shall be defined as the employee's entrance date into his/her
present position. Any employee who fails to receive a quality point average of
3.5 or more shall be reevaluated in sixty days. If the employee then receives a
rating of 3.5 or more the employee shall receive his/her merit increases.
(b) Employees covered by this Agreement, who reach the maximum
step of their respective salary plans shall not be eligible for merit/step increases.
14
Section 5. Promotions. In the event of a promotion, an employee will
be placed in the minimum pay step of his/her promoted position or the next
highest step which will be no less than a 5.0% increase, in his/her present salary
whichever affords the employee a higher increase.
Section 6. Salary Ranges. All employees covered by this Agreement,
hired after October 1 , 2013, shall receive the minimum salary step, as outlined in
the Salary Schedule outlined herein for their appropriate position classification
upon his/her original appointment or based on their previous experience as a
police officer may be slotted in the pay plan as approved by the City Manager.
Section 7. Detectives. An employee assigned as a Detective by the
Police Chief, including those Detectives assigned to the Crime Suppression Unit
and those Detectives detached to work with another agency, shall receive a pay
incentive of $50.00 per week. Employees serving in a Detective capacity serve in
said capacity at the pleasure of the Police Chief. No grievance proceeding may
be filed by an affected employee when said employee's Detective capacity is
terminated.
Section 8. Field Training Officer. An employee assigned as a Field
Training Officer by the Police Chief, including those employees assigned full time
to the training bureau, shall receive a pay incentive of $40.00 per week.
Employees serving in a Field Training Officer capacity serve in said capacity at
the pleasure of the Police Chief. No employee grievance may be filed by an
affected employee when said employee's Field Training Officer capacity is
terminated.
Section 9. K-9 Officer and Swat Team. An employee assigned as a K-
9 Officer by the Police Chief shall receive a pay incentive of $40.00 per week. An
employee assigned as a member of the SWAT team by the Police Chief shall
15
receive a pay incentive of $20.00 per week. Employees serving in said capacity
serve at the pleasure of the Police Chief. No employee grievance may be filed by
an affected employee when said employee's capacity is terminated.
Section 10. Traffic Unit, SRO and Marine Patrol. An employee assigned
to the traffic unit, SRO or Marine Patrol by the Police Chief shall receive a pay
incentive of $25.00 per week. Employees serving in said capacities shall service
at the pleasure of the Police Chief. No employee grievance may be filed by an
affected employee when said employee's capacity is terminated.
Section 11 . Shift Differentials. Effective September 30, 2022, employees
regularly assigned to the midnight shift (10 pm to 8 am) shall receive a pay
incentive of $100.00 per month and mployees regularly assigned to the
afternoon shift (2 pm to 12 am) shall receive a pay incentive of $50.00 per month.
16
ARTICLE 11
Severability Clause And Zipper Clause
Section 1 . Should any provision of this collective bargaining agreement,
or any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted state or federal law, or by any decree of a court of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
Section 2. The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by law
from the area of collective bargaining and that the understanding and agreement
arrived at by the parties after the exercise of that right and opportunity are set forth
in this Agreement. Therefore, the City and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge and-contemplation of either or
both of the parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as all other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement.
17
ARTICLE 12
Rules, Directives And Personnel Policies
Section 1 . The parties agree that the City may promulgate Personnel
Policies, Administrative Policy Directives and Procedures (APDP) issued by the
City Manager and the General Orders issued by the Chief of Police and they
shall apply to all bargaining unit members. Any changes to the Personnel
Policies, Administrative Policy Directives and Procedures Manual and General
Orders shall be copied to the PBA.
Section 2. In the event of any conflict between the terms of this
Agreement, the APDP, Police Procedures, or the Personnel Policies, this collective
bargaining agreement shall supercede to the effect that the inconsistent terms and
conditions of this negotiated Agreement, if any, shall control.
Section 3. Existing employee benefits, attendance and leave and hiring
and employment practices contained in the Personnel Policies, the APDP and
Police Procedures and/or the General Orders are hereby incorporated herein and
shall apply to all bargaining unit members.
Section 4. The City shall provide a copy of Personnel Policies,
Administrative Policy Directives and Procedures (APDP) issued by the City
Manager, Procedural Directives issued by the Chief of Police and a Code of
Ordinances to the Association at no cost.
Section 5. Upon the death of an officer in the line-of-duty, the City will
assume and pay all costs of the bargaining unit member's funeral and burial (or
cremation).
18
ARTICLE 13
Grievance Procedure
Section 1. In a mutual effort to provide harmonious working relations
between the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure for the resolution of grievances between the
parties arising from any alleged violation of the specific terms of this Agreement.
An aggrieved employee may elect to resolve his/her grievance through the
grievance procedure provided in this Agreement or through the City's Employee
Concern Procedure as set forth in Chapter 4 of the City's Personnel Policies.
However, only one of the above procedures may be used. Once a grievance is
filed under one of these procedures, all other appeal procedures are forfeited.
Grievances relating to alleged violations of the specific terms of this
Agreement filed in accordance with this Article shall be processed in the following
manner.
Section 2. Verbal Grievance
Step 1
Whenever an employee has a grievance, he should first present it verbally
to his immediate supervisor within ten (10) days of the event giving rise to the
grievance. It is the responsibility of the supervisor to attempt to arrange a
mutually satisfactory settlement of the grievance within seven (7) calender days
of the time when it was first presented to him, or failing in that, must within that
time advise the employee of his inability to do so. Such contact between the
employee and supervisor shall be on an informal basis.
Section 3. Formal Grievance Procedure
Step 2
19
If the aggrieved employee is not satisfied with Step 1 answer, he/she may,
within ten (10) calendar days following the day on which he/she received the
Step 1 answer, reduce the grievance to writing and submit it to the Shift Sergeant.
The grievance shall be signed by the employee and shall specify: (a) the date of the
alleged grievance; (b) the specific article or articles and section or sections of this
Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged
grievance; and (d) the relief requested. The Shift Sergeant may informally meet
with the grievant to address the grievance. A PBA representative may be present
at the meeting upon the grievant's request. The Shift Sergeant shall reach a
decision and communicate in writing to the aggrieved employee and PBA within ten
(10) calendar days of receipt of the grievance.
Step 3
If the grievance is not resolved at Step 2, or if no written disposition is made
within the Step 2 time limits, he/she shall have the right to appeal the Step 2
decision to the Chief of Police or his/or her designee within seven (7) calendar days
of the due date of the Step 2 response. Such appeal must be accompanied by a
copy of the original written grievance, together with a signed request from the
employee requesting that the Step 2 decision be reversed or modified. The Chief
of Police or his/her designee may conduct a meeting with the grievant and his/her
PBA representative, if needed. The Chief of Police or his/or her designee shall,
within ten (10) calendar days after the presentation of the grievance (or such longer
period of time as is mutually agreed upon in writing), render his/her decision on the
grievance in writing to the aggrieved employee and PBA.
Step 4
If the grievance is not resolved at Step 3, or if no written disposition is made
within the Step 3 time limits, he/she shall have the right to appeal the Step 3
20
decision to the City Manager or his or her designee within seven (7) calendar days
of the date of the issuance of the Step 3 decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance, together with a
request form signed by the employee requesting that the Step 3 decision be
reversed or modified. The City Manager or his/her designee shall conduct a
meeting with the grievant and his/her PBA representative, if needed. The City
Manager or his/her designee shall, within ten (10) calendar days (or such longer
period of time as is mutually agreed upon in writing), render his/her decision in
writing to the aggrieved employee and PBA.
Section 4. A grievance not advanced to the higher step within the time
limits provided shall be deemed permanently withdrawn as having been settled on
the basis of the decision most recently given. Failure on the part of the City to
answer within the time limits set forth in any step will entitle the employee to
proceed to the next step. The time periods contained herein may be mutually
waived or extended due to unforseen circumstances.
Section 5. Where a grievance is general in nature in that it applies to a
number of employees having the same issue to be decided, it shall be presented
directly to the Chief of Police or his/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1 , and signed by the aggrieved employees or the PBA representative on
their behalf.
Section 6. In the event a grievance relating to the interpretation of this
Agreement or relating to a discipline matter involving termination of employment,
demotions for non-probationary employees, or suspensions of two (2) days or
more, processed through the grievance procedure has not been resolved at Step 4,
the City or the PBA may submit the grievance to arbitration within ten (10) calendar
21
days after the City Manager (or a designee) renders a written decision on the
grievance, or the due date of that decision if no written decision is made. An
individual bargaining unit member may not proceed to arbitration without the
consent of the PBA. Matters relating to assignment, hiring, promotion, demotion of
probationary employees, suspensions less than two (2) days and other discipline
not involving a loss of pay shall not be subject to arbitration and the City Manager's
decision shall be final and binding. Grievance concerning suspensions of two (2) or
more days, demotions of non-probationary employees and terminations of
employment may be initiated in writing at Step 4, provided that they are filed with
the City Manager within ten (10) days of the date on which the employee is notified
of the discipline.
Section 7. The arbitrator may be any impartial person mutually agreed upon
by the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (10) calendar days after the City or PBA request arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation and
Conciliation Service. Within ten (10) calendar days of receipt of the list, the parties
shall alternately strike names, the City striking first. The remaining name shall act
as the Arbitrator.
Section 8. The City and the PBA shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the Arbitrator shall confine his/her decision to the particular grievance specified.
In the event the parties fail to agree on the statement of the grievance to be
submitted to the Arbitrator, the Arbitrator will confine his/her consideration and
determination to the written statement of the grievance and the response of the
other Party. Copies of any documentation provided to the Arbitrator by either
party shall be simultaneously provided to the other party.
22
Section 9. The Arbitrator shall have no authority to change, amend, add
to, subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Arbitrator shall have no authority to consider
or rule upon any matter which is stated in this Agreement not to be subject to
arbitration. The Arbitrator may not issue declaratory or advisory opinions.
Section 10. Copies of the Arbitrator's decision shall be furnished to both
parties within thirty (30) days of the closing of the Arbitration hearing. The
Arbitrator's decision will be final and binding on the parties.
Section 11. Each party shall bear the expense of its own witnesses and of
its own representatives for the purposes of the arbitration hearing. The impartial
Arbitrator's fee and any related expenses including any cost involved in
requesting a panel of arbitrators, shall be paid by the non-prevailing party. The
hearing room, shall be supplied and designated by the City. Any person desiring
a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such cost.
Section 12. Unless otherwise agreed to by both parties, grievances under
this Agreement shall be processed separately and individually. Accordingly, only
one (1) grievance shall be submitted to an Arbitrator for decision in any given
case. Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent or an admission that the Agreement has been violated.
23
ARTICLE 14
Seniority
Section 1. Seniority shall consist of continuous accumulated paid service
with the City. Seniority shall be computed from the date of appointment within a
particular job classification or rank. Seniority shall accumulate during absence
because of illness, injury, vacation, military leave, or other authorized leave.
Section 2. Seniority shall govern the following matters:
(a) Vacations for each calendar year shall be drawn by employees on the basis of
seniority preference. (b) In the event of a reduction in force or a layoff for any
reason, members of the police force shall be laid off in the inverse order of their
seniority in their classification. Any member who is to be laid off who has advanced
to a higher classification from a lower permanent classification shall be given a
position in the next lower classification in the same department. Seniority in the
lower classification shall be established according to the date of permanent
appointment to that classification and the member in the classification with the least
seniority shall be laid off. Members shall be called back from layoff according to the
seniority in the classification from which the member was laid off. Generally, shifts
and days off will be subject to seniority, however the Police Chief reserves the right
to make neecsary changes based on operational necessity.
Section 3. No new Police Officer shall be hired in any classification until all
members of the police force on layoff status in that classification have had an
opportunity to return to work, provided that individual maintains reasonably the
same physical condition as on the date of layoff.
Section 4. The term "classification" has been used above in regard to
layoffs, etc. The definition of the term classification means job classification such
24
as Police Officer or Sergeant, not job assignment such as Detective or whatever
other assignments may come up from time to time.
25
ARTICLE 15
Labor-Management Committee
Section 1. The City and the PBA shall each name up to three (3) individuals
who are employed by the City of Aventura as members of the Labor-Management
Committee. This Committee may meet and confer regarding any issues related to
the Police Department, which either party would like to discuss. This shall not
constitute renegotiations of the Agreement, but shall serve as a forum for exchange
of suggestions and recommendations. The Labor-Management Committee may
meet at mutually agreeable times, but not more than once a month.
26
ARTICLE 16
Work Week and Overtime
Section 1. Forty (40) hours shall constitute a normal work week for
employees covered by this Agreement. Nothing herein shall guarantee any
member payment for a forty (40) hour work week unless the member actually works
forty (40) hours or the actual hours worked and the authorized compensated leave
total forty (40) hours. Authorized compensated leave shall mean leave
compensated under existing City policy or the provisions of this collective
bargaining agreement, (e.g. sick days, vacation time, holidays, compensation time,
educational leave).
Section 2. Hours worked in excess of the regular forty (40) hour work week
shall be compensated at the rate of time and one-half of the employee's regular
straight time, or the equivalent in compensatory time so long as said compensatory
time is taken in accordance with the Federal Fair Labor Standards Act in effect
during the length of this Agreement. Overtime will be calculated in conformance
with the Federal Fair Labor Standards Act.
Section 3. In the computation of work hours constituting the base forty (40)
hours and/or overtime hours, the following rules apply:
(a) Sick leave shall not be counted as hours worked for the computation
of overtime.
(b) Time spent on private duty details shall not be included.
(c) The work week, until changed by management (which is a
management right) upon due notice to the member employees, shall commence
Monday and terminate at midnight on Sunday.
Section 4. The department will establish the hours of work best suited to
meet the needs of the City to provide superior service to the community. The City
27
agrees to implement, on a trial basis, a 4/10 work schedule for Patrol shifts (A, B
and C) only, including the Mall shift. However, officers on probation or assigned as
K9 officers may not bid the Mall shift. The continuation of the 4/10 schedule will be
evaluated prior to each bid, based on the following criteria: Overtime costs,
Compensatory Time earned and usage, Sick Leave use, Training issues and
Cooperation between shifts during overlap periods. The continuation of the 4/10
schedule will be announced each bid. Once a shift bid is completed, the City agrees
to continue the program for the remaining period of that bid. Patrol shifts will not
adopt back to back shifts. No employee grievance shall be filed if the 4/10 work
schedule is discontinued
Section 5. Bargaining unit employees will be given seven (7) days notice of
any change in their regular hours of work except where an emergency exists.
Section 6. Compensatory time off must be taken in accordance with the
Federal Fair Labor Standards Act and City policy concerning compensatory time
off. The maximum accumulation of compensatory time is 130 hours on an
annual basis. An employee may cash in up to 60 hours per year provided
notification is received by the Police Chief by November 1 for December 1 pay
out. Upon resignation or termination of employment, all compensatory time
remaining to an employee's credit shall be compensated in cash.
28
ARTICLE 17
Off-Duty Police Work
Section 1. Off-duty police work as authorized by the Police Chief shall be
compensated at the rate of not less than forty-f.y2th�eight dollars ($458.00) per
hour for all bargaining unit members. There shall be an administrative fee of no less
than eight dollars ($8.00) per hour charged by the City. Should the vendor pay
more than forty-five dollars ($45.00) ut:�i iiuui, such as for an event outside of the
City, the employee shall be paid the total amount paid by the Vendor, less the eight
dollar ($8.00) per hour administrative fee.
Section 2. Off-duty employers will guarantee a minimum employment period
of three (3) hours off-duty for each assignment requested of the Police department
(work assignments can be split between officers).
Section 3. Personnel assigned to off-duty law enforcement jobs shall be
fully protected in case of injury during such assignment by the City's Workers
Compensation coverage.
Section 4. Assignments of off-duty police work shall, be fairly and evenly
distributed among eligible bargaining unit members. Full time employees shall have
the right of first refusal in off-duty detail police work assignments.
Section 5. When a detail requires four (4) or more police officers,
whenever possible, one of the four officers will be a supervisor. The supervisor
shall be compensated at the rate of not less than for}, -l4i-reefif�t r dollars
($504 .00) per hour. There shall be an administrative fee of not less than eight
dollars ($8.00) per hour charged by the City. If no supervisor is available to work
the detail, then the on-duty supervisor will be assigned to monitor the detail.
Supervisors who work regular off duty jobs will be compensated at the officer's
rate in Section 1 , above.
29
Section 6. The off-duty rates set forth in Sections 1 and 5 above shall be
increased to #ffty-eFg-Nsixty-five dollars ($65-58.00) per hour for officers and
seventy-fivesixty eight dollars ($7568.00) per hour for supervisors for any off-duty
police work performed on any Holidays recognized by the City in Article 21,
Section 1 of this Agreement.
Section 7. The rates listed in this Article may be adjusted upwards
Periodically, with approval of the Chief of Police, to remain competitive with other
Police Agencies or to properly staff events as needed.
30
ARTICLE 18
Equipment and Maintenance
Section 1. Upon hiring by the City of Aventura, all new employees shall
receive from the City, an initial issue as determined by the Police Chief in
accordance with departmental standards. The City will replace uniforms when they
become unserviceable in accordance with departmental standards.
Section 2. Any uniform including handcuffs and eyeglasses of an employee
which is damaged or broken in the line of duty shall be repaired or replaced at no
cost to the employee. The City shall replace wristwatches damaged while in the
line of duty and not due to the employee's neglect by payment to the employee up
to $75.00 and replace prescription eye glasses or contacts damaged while in the
line of duty up to $125 and non-prescriptive eye glasses up to $25.00. The City
shall replace handcuffs at the City's expense, when not lost or damaged due to the
employee's carelessness. The parties recognize that this section is intended to be
utilized to reimburse employees covered by this agreement for damage to their
personal property as opposed to negligent or careless loss thereof or improper use
of such equipment.
Section 3. All risk of damage, loss and/or destruction to any items of a
personal nature, except as referred to in Section 2 above, damaged in the line of
duty while used to aid and improve vision, while on duty, is assumed by and shall
be the exclusive responsibility of the unit member. The City agrees to provide each
unit member with equipment necessary to perform the function of the job in lieu of
the use of personal property as contemplated above.
Section 4. All items of equipment issued by the City and not considered
expendable shall be returned upon termination of employment or appropriate
reimbursement made subject to allowance for normal wear and tear.
31
Section 5. After six (6) months of service the City will pay employees
uniform maintenance in the amount of $600-700 ($35099 on October 1st and
$300-350 on April 1st). Employees assigned to the Detective Division shall
receive uniform maintenance in the amount of $950959 ($4475 on October
1 st and $47542-5 on April 1 st). The parties recognize that the payments set forth
in this Section are intended to reimburse employees covered by this agreement
for the cost of maintaining their City-issued uniforms and that no claim should be
made for reimbursement for damage that occurs to such items.
32
ARTICLE 19
Personnel Records
Section 1. All personnel records of the employees shall be kept confidential
and shall not be released to any person without having received a public records
request or as required by law. The City will be bound by Florida State Statute
Chapter 119 and any existing or future Attorney General's opinion regarding the
release of personnel records. Except as otherwise required by Florida State Statute
Chapter 119, and for the ease of understanding of the employees, this shall mean
that at no time shall the news media be directly or indirectly furnished by the City
with the home address, telephone number, or photograph of any employee without
his/her express written consent.
Section 2. Upon reasonable request, an employee may review his/her
personnel records. The member shall have the right to make duplicate copies of
this record for his/her use, at no cost to the employee and the City agrees that no
personnel records of the member shall be concealed from the member's inspection.
Section 3. Employees shall have the right, if they desire, to submit written
comments, (including signed witness statements, under oath) with reference to
derogatory performance evaluations, citizen's complaints, and any other written
documentation which the employee feels is detrimental.
Section 4. Personnel files shall at no time, without the permission of the City
Manager be removed from the Police Station and/or Human Resources Division.
Section 5. No bargaining unit members' name shall be released by the City
until a minimum of seven (7) calendar days elapses from notice to the employee of
the request, unless both the employee and Association submit a written waiver of
this provision. This provision does not apply to requests for public records made
pursuant to Chapter 119, Florida Statutes.
33
ARTICLE 20
Bereavement Leave
Section I. In the case of death of an immediate member of the family
(mother, father, sister, brother, spouse, child, stepmother, stepfather, stepchild,
mother-in-law, father-in-law, grandchild, grandmother, or grandfather), full-time
employees who have been in the employ of the City for three (3) months or more
will receive up to four (4) days' paid leave for in-state (Florida) funerals and up to
five (5) days paid leave for out-of-state funerals without charge to vacation leave
credits. Any absence in excess of this amount will be charged to vacation leave or
leave of absence may be arranged if an extended period is required, with the
authorization of the City Manager.
34
ARTICLE 21
Holiday Leave
Section 1. Employees shall be eligible for the following schedule of paid
holidays. When a holiday falls on Saturday, the previous Friday will be observed,
and if the holiday falls on Sunday, the following Monday will be observed.
New Year's Eve Day 1/2 day
New Year's Day
Martin Luther King's Birthday
Presidents Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve Day1/2 day
Christmas Day
Section 2. Where it is necessary to maintain regular services requiring an
employee to work on an official holiday, in addition to regular pay for time worked
on a holiday, such employee shall receive an extra day's pay or half a day's pay,
depending on the bargaining unit members' assigned schedule and holiday outlined
above, to include any overtime workedprev;Qed the employee eXGeeds the normal
work wee!
Section 3. If an employee is on authorized leave when a holiday occurs,
that holiday shall not be charged against leave (authorized leave refers to vacation,
illness, injury, compensation time, etc.). The employee must work the day before
and the day after each holiday to be eligible for holiday pay with the exception of
normal days off or excused absences.
35
ARTICLE 22
Personal Leave
Section 1. All employees hired before April 1 st of any calendar year shall be
granted three (3) working days of Personal Leave for that calendar year. New
employees hired on or after April 1st of any calendar year shall be granted two (2)
working days of Personal Leave for that calendar year. New employees hired on or
after July 1st of any calendar year shall be granted one (1) working day of Personal
Leave for that calendar year. Personal leave shall be used for personal reasons,
religious observances and transaction of personal business. No payment shall be
made upon separation from City service for any unused Personal leave. No carry-
over of Personal leave shall be permitted from year-to-year. Said leave shall be
granted upon the approval of the City Manager and /or Department director.
36
ARTICLE 23
Training
Section 1. The City agrees to provide the necessary in-service training
to keep each officer in compliance with minimum State standards.
Section 2. When possible, each officer will be provided an additional
forty hours of in-service training annually.
37
ARTICLE 24
Transfers, Shift Changes and Substitutions
Section 1. It shall be the sole right of the City to transfer employees within
the Police department for the betterment of the service providing such transfers are
accomplished in an equitable manner, consistent with the health, safety and welfare
of the City.
Section 2. Normal schedule changes shall be posted at least fourteen
(14) days in advance. Unless mutually agreed by both parties, schedule changes
made, in between normal rotations, shall only be made with a minimum of one (1)
week notice.
Section 3. Voluntary exchange of individual workdays between
employees of like rank may be permitted with the approval of Shift Supervisors
provided such swaps do not interfere with the orderly operation of the Police
Department.
38
ARTICLE 25
Group Insurance
Section 1. The city agrees to pay one hundred percent (100%) of the
individual employee health coverage premium. For employees hired before October
1, 2005, the City agrees to pay seventy percent (70%) or maintain the current
percentage split as of October 1, 2005 of the dependent coverage premiums. For
employees hired after April 1, 2006, the City agrees to pay fifty percent (50%) of the
dependent coverage premiums.
Section 2. Bargaining unit personnel who are totally and permanently
disabled in the line-of-duty shall be eligible to continue to receive group health and
hospitalization insurance coverage for both individual and family members under
the same conditions as were enjoyed at the time of disability, until such time as the
employee is eligible for said health and hospitalization coverage under the federal
Medicare Program. For purposes of determining whether a bargaining unit
employee is totally and permanently disabled in the line-of-duty, the determination
of the City of Aventura Police Officers' Retirement Plan Board of Trustees as to that
employee's application for a service-incurred disability pension under Section 36-28
of the City Code shall control.
Section 3. The City shall provide all bargaining unit members with a
short term disability insurance policy. The cost of the policy shall be paid 100% by
the City and provide 66 and 2/3 percent of the unit members' normal base wage for
both on and off duty injuries. Each member will be provided with a copy of the
City's short term disability insurance policy upon request.
39
Section 4. Effective September 30, 2022, the City shall pay one hundred
dollars ($100.00) per month to each bargaining unit member who retires and
separates after that date (hereinafter, "Retirees") under the normal retirement
criteria set forth in the police officers pension plan until such time as they reach age
65. This sum shall be used by the Retiree to pay for his/her health insurance
premium and/or for the cost of any prescription medications.
40
ARTICLE 26
Promotion Procedures
Section 1. Police officers with four (4) years law enforcement experience
with the City of Aventura shall be eligible to take the examination for a promotion to
the rank of Sergeant.
Section 2 All promotions shall be in accordance with current Police
Department Policy or as such Policy is subsequently amended by the City. Should
the City seek to change its promotional policy, the City will provide the PBA with a
copy of the new policy at least thirty (30) days prior to the effective date of such
policy. The City will announce promotional examinations at least sixty (60) days in
advance of the assessment process. The eligibility list shall be valid for up to
eighteen (18) months^%° (I` „oar
Section 3. A candidate for promotion shall have the right to review the
scored elements of the Assessment process.
41
ARTICLE 27
Probationary Employees
Section 1. All appointments to positions made from outside service shall be
subject to a one (1) year probationary period from the date of said appointment. All
appointments to the position of Sergeant made by promotion within the service
shall be subject to a one (1) year probationary period from the date of said
promotion. Probationary employees absent during their probationary period for
more than 30 days shall have their probationary period extended for the amount
beyond the 30 days.
Section 2. Probationary employees at the expiration of the probationary
period or anytime during the probationary period shall be subject to discontinuance
of service by the Police Chief upon recommendation to and approval of the City
Manager.
Section 3. Probationary employees disciplined or terminated during the
probationary period shall have no right to statement of cause, the reasons for
rejection or to a hearing, grievance and/or appeal.
Section 4. Probationary sergeants who are terminated shall have a right of
appeal only as to their status of employment in their rank of police officer.
Section 4. The just cause provision contained in the Management Rights
Article of this Agreement shall not pertain to probationary employees.
42
ARTICLE 28
Sick Leave
Section 1. Forthese employees hired prier to January 15, 1998, uUpon
retirement, resignation with two (2) weeks notice and layoffs, accumulated sick
leave will be paid on the basis of the following schedule:
% OF SICK LEAVE PAID
YEARS OF SERVICE AT BREAK IN SERVICE
Less than 1 year 0%
Less -31 through 5 years 10%
53 through 105 years 5025%
105 through 157 years 5-59%
Over 157 years 100%
Accumulated sick leave percentage will be paid based on the closest year.
SeGti e n 7 For these ed Attun e e a r i 15, 1998, i�T
retirement, resignation with twe (2) weeks nGtiGe and 0
leave will be paid on the hock of the following SnheiJi ile
o/ (1C CI(`Ll IfI LEAVE D� G D��
� ry
YEARS OF SERVICE 4T RDG4�SE
Less than 1 year 004
1 through years 101%
5 through 15 years 500/
15 ars and over 659%
Anne erne doted Sink leave oernentooe will he paid based on the nlesest year.
43
Section 3. The accumulation for payout purposes shall be no more than 8007-50
hours for employees covered by this agreement.
44
ARTICLE 29
Pension Plan
Section 1. The City agrees to maintain a defined benefit pension plan for
members of the bargaining unit as outlined in Chapter 36 of the City Code.
Section 2. Following ratification of the 2013-2016 Agreement, the Police
Pension Plan and Trust Fund as set forth in Chapter 36 of the City Code (the
"Plan") was amended as follows:
(a) Section 36-24 of the City Code shall be amended such that, effective
October 1, 2015, employees' contributions to the Plan shall increase
from 6.775% to 10.775% of a member's Earnable compensation.
(b) All employees retiring from the Plan on or after October 1, 2015 shall
receive a two percent (2%) cost of living adjustment on their annual
pension benefit beginning five (5) years after retirement.
(c) The definition of "Earnable compensation" shall be amended effective
upon ratification of this Agreement so as to exclude any overtime
hours worked by a member in excess of three hundred (300) hours in
a year.
Section 3. Following ratification of this—the°^r ;t 2016-2019
Agreement, the Plan shall be amended as follows:
(a) Section 36-26(a) of the City Code shall be amended such that,
effective October 1, 2018, a member may retire on the first day of the
month coincident with or next following the earlier of: the date upon
which the member completes 22.5 years of credited service,
45
regardless of age; or the date upon which the member attains age 57
with ten years of credited service.
(b) Effective October 1 , 2018, a deferred retirement option plan ("DROP")
will be created. A member will be eligible to enter the DROP on the
first day that he/she is eligible for normal retirement. The maximum
period that a member may participate in the DROP is five (5) years
beginning from the first day on which he/she is eligible for normal
retirement. A member's DROP account will be self-directed and the
members will be solely responsible for the gains and losses of their
individual accounts. Members who elect to participate in the DROP
shall be required to separate from City service at the conclusion of
the DROP period. A member's DROP shall be distributed to the
member in a lump sum as soon as administratively practicable and
not more than 90 days following the conclusion of the DROP period.
The City shall have no liability or responsibility to guarantee the
principal and/or rate of return for a member's DROP assets. The
DROP accounts, although self-directed separate accounts, will
remain part of the pension trust, and distributions from a member's
account shall not be permitted until termination of employment.
(c) The parties agree that, in accordance with Ch. 2015-39, Laws of
Florida, a defined contribution plan ("DC Plan") shall be created as a
component of the City Plan, but will not be activated unless and until
a portion of Chapter 185 premium tax revenues have been assigned
46
to fund the DC Plan. The provisions of the DC Plan, when and if
activated, shall be negotiated by the parties at the time funding has
been assigned to the DC Plan. Assignment of Chapter premium tax
revenues can result either from agreement between the parties, or
from application of the provisions of Ch. 2015-39, Laws of Florida.
Section 4. The parties mutually consent that any and all premium tax
revenues received by the Plan pursuant to Chapter 185, Florida Statutes,
including any accumulated excess premium tax revenues held by the Plan as of
the date of ratification of the 2016-2019 collective bargaining agreement, shall be
retained by the Plan to pay for the benefits offered by the Plan.
47
ARTICLE 30
Take Home Police Vehicle Policy
Section 1 . Sworn police officers covered by this agreement who
successfully complete their probationary period will be eligible to utilize City
assigned police vehicles as transportation to and from work. It is expressly
understood and agreed that said vehicle shall be utilized only for such
transportation to and from work and that any violation of this policy may
immediately result in the suspension or termination of the particular officer's
privilege to utilize a vehicle for such transportation. It is further understood and
agreed by the parties that the City may evaluate the "take home "policy. The City
may, in its sole discretion, terminate said policy. It is also understood and agreed
by the parties that any decision by the City to extend or terminate the aforesaid
policy shall not be subject to the grievance/arbitration procedure contained in this
agreement. The City's "take home" police vehicle policy shall be in accordance
the Policy contained at Chapter 5, Subchapter 8, page 1 of the City's
Administrative Policy Directives and Procedures Manual, or as such Policy is
subsequently amended by the City.
Section 2. Bargaining unit members shall be permitted to run errands,
such as picking up dry cleaning or grocery shopping, on their way to or from work
provided that such errands occur only within the City of Aventura.
48
ARTICLE 31
Workers Compensation Fraud
Section 1 . Any employee found to have fraudulently utilized the worker's
compensation program or found to falsify an on-the—job injury will be subject to
immediate dismissal.
49
ARTICLE 32
Drug and Alcohol Testing
Section 1 . The City and the PBA recognize that employee drug and
alcohol abuse has an adverse impact on City government, the image of the City
employees, the general health, welfare and safety of the employees, and to the
general public at large. Therefore, the parties agree that the Department shall
have the right to require employees to submit to drug and alcohol testing
designed to detect the presence of illegal drugs and alcohol.
Section 2. Drug is defined as amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), hallucinogens, methaqualone, opiates, barbiturates,
benzodiazepines, synthetic narcotics, designer drugs, anabolic steroids or a
metabolite of any of the above mentioned substances. Alcohol includes distilled
spirits, wine, malt beverages, and intoxicating liquors.
Section 3. The Department will require members of the bargaining unit
to submit to drug and alcohol tests under the following circumstances:
3.1 The Department may require all members of the bargaining
unit who suffer an injury in the line of duty and/or are involved in a car accident to
submit to a drug and alcohol test immediately after the accident.
3.2 The Department will require all members of the bargaining
unit to submit to a drug and/or alcohol test based on its belief that the employee
to be tested is under the influence of or possibly using drugs and/or alcohol
drawn from specific objective and articulable facts and reasonable inferences
50
drawn from those facts in light of experience. Among other things, such facts
and inferences may be based upon:
(a) Observable phenomena while at work, such as direct
observation of drug and/or alcohol usage or of the physical
symptoms or manifestations of being under the influence of
a drug and/or alcohol.
(b) Abnormal conduct or erratic behavior while at work or a
significant deterioration in work performance.
(c) A report of drug and/or alcohol use, provided by a reliable
and credible source, which has been independently
corroborated.
(d) Evidence that an individual has tampered with a drug and/or
alcohol test during employment with the current employer.
(e) Information that an employee has caused, or contributed to,
an accident while at work.
(f) Evidence that an employee has used, possessed, sold,
solicited, or transferred drugs while working or while on the
employer's premises or while operating the employer's
vehicle, machinery, or equipment.
Inappropriate employee behavior as described above must be
personally observed by a superior officer and witnessed by at least one other
employee witness, who may or may not be a superior officer or a police officer.
When confronted by a superior officer, the employee under
suspicion will be offered an opportunity to explain to the superior officer, prior to
being ordered to take the drug and/or alcohol test, why the aberrant or unusual
behavior is noticeable. Drug and/or alcohol testing based upon reasonable
suspicion will be conducted only with either the consent of the Police Chief or
his/her designee or the consent of the City Manager or his/her designee. The
designee shall be a sworn certified law enforcement officer above the rank of
51
lieutenant. Such approval shall be memorialized in writing and indicate the
subject matter of the test, why the test was ordered and listing the specific
objective fact(s) constituting "reasonable suspicion." A copy of this written order
will be provided to the employee as soon as it is practicable to do so.
Any refusal on the part of the suspected employee to immediately
comply with a valid "reasonable suspicion" drug and/or alcohol testing order will
result in the immediate causal termination of the employee.
3.3 The Department, as part of its medical examination process
during pre-employment, during a fitness for duty examination, and during the
annual physical examinations, will require the members of the bargaining unit to
submit to a drug and alcohol test.
3.4 All members of the bargaining unit, at the discretion of the
Chief of Police, and/or the City Manager will be randomly tested for drugs. The
selection of the employees to be tested will be made using a neutral software
selection program, and shall be no greater than thirty (30) employees every six
(6) months.
Section 4. An employee required to submit to a mandatory test for the
presence of drugs and/or alcohol shall be entitled to have a PBA or other
employee representative present during the test. However, under no
circumstances will the drug and/or alcohol test be delayed for more than one (1)
hour to allow for the presence of a PBA or other employee representative.
Section 5. The following procedures shall apply to the substance abuse
testing administered to employees who meet the above stated conditions:
52
5.1 Analysis of specimens will be collected and performed only
by laboratories, hospitals or clinics certified by the State of Florida, Agency for
Health Care Administration (AHCA) or the Federal Substance Abuse and Mental
Health Services Administration (SAMHSA), utilizing qualified sites and employing
collectors trained to follow custodial collection protocols and properly maintain
legal specimen chain-of-custody. Specimens that the City may use when drug
and alcohol testing for the reasons set forth in Section 3 include urine, blood, and
hair follicle samples. In addition, the City may use a breathalyzer for an alcohol
test for any of the reasons set forth in Section 3.
5.2 Specimens shall be drawn or collected at a laboratory,
hospital, doctor's office, certified medical facility or even on City premises by a
certified health care professional. If the City or the collector requires an observer
when the urine specimen is given, the observer shall be of the same sex as the
employee being tested. All specimen containers and vials shall be sealed with
evidence tape and labeled in the presence of the employee, and his/her witness
should be present.
5.3 All drug and/or alcohol testing will be conducted using
recognized technologies and recognized testing standards. The following
standards shall be used to determine what level of detected substance shall
constitute a POSITIVE test result for urine specimens:
Substance Screening Test Confirmation
Amphetamines 1000 ng/mL 500 ng/mL
Barbiturates 300 ng/mL 150 ng/mL
Benzodiazepines 300 ng/mL 150 ng/mL
Cocaine 300 ng/mL 150 ng/mL
53
Cannabinoids (Marijuana) 50 ng/mL 15 ng/mL
Methadone 300 ng/mL 150 ng/mL
Methaqualone 300 ng/mL 150 ng/mL
Opiates (Heroin, Morphine, 2000 ng/mL 2000 ng/mL
Codeine)
Phencyclicline (PCP) 25 ng/mL 25 ng/mL
Propoxyphene 300 ng/mL 150 ng/mL
Boldenone 10 ng/ml 10 nq/ML
Mathandienone 10 ng/ml 10 nq/ML
Methyltestosterone 10 ng/ml 10 nq/ML
Nandrolone 10/nq/ml 15 nq/ML
Oxandrolone 10 ng/ml 10 nq/ML
Oxymetholone 10 ng/ml 10 nq/ML
Stanozolol 10 ng/ml 10 nq/ML
Probenecid 10 ng/ml 10 nq/ML
Clenbuterol 10 ng/ml 10 nq/ML
Specific Gravity — NR 10 ng/ml 10 nq/ML
T/E Ratio Interpretation 4.1 or greater
Testosterone 10 ng/ml 10 nq/ML
Epitestosterone 10 ng/ml 10 nq/ML
T/E Ratio: Specific Gravity 4.1 or greater
Alcohol (Ethanol) 0.02 g/dl 0.04 g/dl
5.4 Levels found below those set above shall be determined as
negative indicators. Tests for other non-presented controlled substances and
hair and blood specimens will be in accordance with federal and state
government screening and confirmation standards.
5.5 All positive initial tests shall be confirmed using gas
chromatograph/mass spectrometry or an equivalent or more accurate
scientifically accepted method approved by AHCA. The test must also use a
different scientific principle from that of the initial test procedure.
5.6 A Certified Medical Review Officer (MRO) who will be a
medical professional chosen by the City will review all negative and confirmed
positive laboratory results. Confirmed positive results will only be communicated
to the City's designated human resources professional after the MRO has
54
ascertained that personal prescriptions or other legal substances do not account
for the laboratory findings. Investigations may include, as appropriate, telephone
contact with the employee and any prescribing physician. Employees may
consult the City appointed MRO concerning drugs and/or drug groups that may
be tested for under this procedure.
5.7 Employees may contact the City's Medical Review Officer to
ask questions concerning prescribed medications they are taking for clarification
purposes involving fitness for duty assessments.
5.8 The following is a list of over the counter and prescription
drugs which could alter or affect drug and alcohol test results. Due to the large
number of obscure brand names and the constant marketing of new products,
this list cannot be and is not intended to be all inclusive:
Alcohol: All liquid medications containing ethyl alcohol
(ethanol). Please read the label for alcohol content.
As an example, Vick's Nyquil is 25% (50 proof) ethyl
alcohol, Comtrex is 20% (40 proof), Contact Severe
Cold Formula Night Strength is 25% (50 proof), and
Listerine is 26.9% (54 proof)
Amphetamines: Obetrol, Biphetamine, Desoxyn, Dexedrine, Didrex,
loanamine, Fastin, Vicks Nasal Inhalers
Cannabinoids: Marinol (Dronabinol, THC)
Cocaine: Cocaine HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Morphine,
Tylenol with Codeine, Empirin with Codeine, APAP
with Codeine, Aspirin with Codeine, Robitussin AC,
Guiatuss AC, Novahistine DH, Novahistine
Expectorant, Diluadid (Hydromorphone), M-S Contin
55
and Roxanol (morphine sulfate), Percodan, Vicodin,
Tussi-organidin, etc.
Barbiturates: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal,
Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral,
Butabarbital, Butalbital, Phrenilin, Triad, etc.
Benzodiazephines: Ativan, Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium, Verstran,
Halcion, Paxipam, Restoril, Centrax, etc.
Methodone: Dolophine, Metodose, etc.
Propoxyphene: Darvocet, Darvon N. Dolene, etc.
Section 6. Within five (5) working days after receipt of a positive
confirmed test result from the testing laboratory, the City will inform the employee
in writing of such positive test result, the consequences of such results, and the
options available to the employee or job applicant. The City shall provide to the
employee or job applicant upon request, a copy of the test results. Within five (5)
working days after receiving written notification of a confirmed positive test result,
an employee or job applicant may submit information to the City explaining or
contesting the test results and why the results do not constitute a violation of the
employer's policy. If the City disagrees with the employee's position, within fifteen
(15) days of receipt of a formal challenge of positive confirmed test results, the
City will respond to the employee. If the employee wishes to maintain the
challenge, within thirty (30) days of receipt of the City's written response, the
employee may appeal to a Court of competent jurisdiction and/or a Judge of
Compensation Claims (if a workplace injury has occurred). Upon initiating a
challenge, it shall also be the employee's responsibility to notify the testing
laboratory which must retain the specimen until the case is settled.
56
Section 7. The results of all tests performed hereunder will be held
confidential to the extent permitted by law.
Section 8. Any specimens found or admitted to have been adulterated
or substituted before, during or after the substance abuse test, will constitute
immediate grounds for employee discharge from employment.
Section 9. Employees have a right to consult with the MRO for
technical information regarding prescription and non-prescription medication.
Section 10. The results of such tests shall be handled as if part of an
internal affairs investigation, and the employee involved shall be afforded all the
rights enumerated in Section 112.532 of the Florida Statutes. The taking of drug
and/or alcohol tests from a member of the bargaining unit does not constitute an
interrogation within the meaning of Section 112.532 of the Florida Statutes,
unless questions are asked at the time the test is taken.
Section 11 . Disciplinary consequences for having a confirmed positive
drug test is the immediate discharge of the employee for cause, and the potential
denial of Unemployment Compensation as specified in Sections 440.101 and
440.102 of the Florida Statutes. An employee injured in the line of duty and/or
involved in an automobile accident and subsequently confirmed positive for drug
and/or alcohol abuse based upon post accident testing will also be terminated
from employment and may lose Workers' Compensation benefits.
Section 12. An employee who tests positive for alcohol and was not
involved in an accident and/or did not suffer an injury in the line of duty while
under the influence of alcohol must meet the following conditions to remain
57
employed by the Department:
(1) Completion of an Employee Assistance Program or
Substance Abuse Program approved by the City.
(2) During the period the employee is out after a positive alcohol
test result, he/she will be placed in a "no-pay" status or they
may utilize their accrued vacation leave.
(3) The employee who had a positive test result and is
reinstated must sign a Last Chance Agreement that will
specify immediate discharge on a second positive alcohol
test.
Section 13. Any disciplinary or other adverse personnel action taken by
the City Manager resulting from any test conducted pursuant to this article shall
be appealable though the grievance procedure contained in this agreement
through and including arbitration.
Section 14. Nothing in this Article shall prohibit an employee from
voluntarily self-identifying as having a drug/alcohol abuse problem to either
his/her immediate supervisor, Department Head, or the Personnel Officer, but
may not do so just prior to being selected for a drug and/or alcohol test.
Such employee must meet the following conditions to remain employed by
the Department:
1) Completion of Employee Assistance Program or Substance Abuse
Program approved by the City;
2) During the period the employee is out of after self identifying
himself/herself will be placed in a "no pay" status or they may utilize
their accrued vacation leave; and
3) The employee who self identifies himself/herself must sign a Last
58
Chance Agreement that will specify immediate discharge on any
drug and alcohol confirmed positive test, and if he/she
subsequently self identifies as having a drug and alcohol abuse
problem.
Requests from employees for assistance in this regard shall remain
confidential to the extent permitted by law and shall not be revealed to other
employees or members of management without the employee's consent.
Employees enrolled in drug/alcohol abuse programs as outpatients, shall be
subject to all City rules, regulations and job performance standards. The
Department will not discharge, discipline, or discriminate against an employee
solely upon the employee's voluntarily seeking treatment for a drug and/or
alcohol related problem, if this is the first time that an employee has entered an
employee assistance program for drug/alcohol related problems.
Drug and alcohol abuse are serious personal concerns for many
individuals. The City provides employees in such circumstances with the
services of an Employee Assistance Program which may be called to obtain free,
confidential, professional referral assistance.
United HealthGaro Coro 24
1 888 887 4114
Aetna — Resources for Living
(888) 238-6232
www.resourcesforliving.com
59
ARTICLE 33
Reopening of Negotiations
Section 1 . If during the life of this Agreement a pension plan actuarial
evaluation is completed which requires the City to increase its contribution to the
Plan to greater or equal to twenty-two percent (22%) of covered payroll, the
parties agree to reopen the Pension Article within thirty (30) days for the sole
purpose of only discussing Article 29 Pensions. All other provisions of this
Agreement shall remain in full force and effect during any reopening.
60
ARTICLE 34
Court Time
Section 1. Bargaining unit employees shall receive a minimum of three (3)
hours overtime at one and one-half (1 '/2) times their regular rate for necessary
off-duty work related to court appearances required by court order or quasi-
judicial and administrative hearings, concerning pending criminal, civil or traffic
cases. To be eligible, an employee must be called back to work at a time outside
his/her normal working hours, and at least three (3) hours before the beginning of
the shift and one (1) hour after the end of the shift. Pay for witness fees shall be
returned to the City. Employees may be permitted to accrue compensatory time
for off-duty court appearances in lieu of cash payments.
61
ARTICLE 35
Term of Agreement
Section 1 . This Agreement shall be effective upon ratification by the PBA
and the City, and shall continue through September 30, 2022 .
Section 2. In the event a new collective bargaining Agreement is not
reached prior to the expiration of this Agreement, the terms and conditions of this
Agreement shall be binding upon the parties until the ratification of a new
collective bargaining Agreement.
Section 3. It is understood and agreed that this Agreement constitutes the
total agreement between the parties. The terms of this Agreement shall not be
amended, except by the mutual written consent of the parties as they may from
time to time agree.
This Agreement is made and entered into and executed this
day of , 2020 .
CITY OF AVENTURA DADE COUNTY POLICE BENEVOLENT ASSOCIATION
Ronald J. Wasson, City Manager Steadman Stahl, President
Representative
ATTEST: Representative
Ellisa L. Horvath, City Clerk Representative
Brett J. Schneider City Labor Attorney Andrew Axelrad, PBA Attorney
62
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