02-02-2021 Regular Commission Meeting Agenda City Manager
City Commission Ronald J.Wasson
Enid Weisman,Mayor
Robert Shelley,Vice Mayor City Clerk
Jonathan Evans,Commissioner Ellisa L.LTorvarin MMC
Rachel S.]Friedland,Commissioner
j
Denise Landman,Commissioner City Attorney
Dr.Linda Marks,Commissioner � �� �` Weiss Scrota Helfinian
Marc Narotsky,Commissioner e � Cole&Bierman
CITY COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 2, 2021
6:00 p.m.
Via Virtual Communications Media Technology
This meeting shall be held via virtual communications media technology as made necessary by
the continued state and local emergency. Because of the continued COVID-19 pandemic, and
the need to ensure the public health, safety and welfare, this meeting will be conducted remotely
via Zoom.
Due to the on-going state of emergency and the recommendations from all public health
authorities, the City of Aventura recommends that all persons view and participate in the meeting
through electronic means. Members of the public wishing to access the meeting, please do so as
follows:
Join the Zoom Meeting from your computer, tablet, or smartphone at:
Zoom.us/join
Meeting ID: 840 1506 7226
You can also dial in using your phone to the any of the following numbers:
+1 312 626 6799 US (Chicago)
+1 929 205 6099 US (New York)
+1 346 248 7799 US (Houston)
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US
+1 301 715 8592 US
Meeting ID: 840 1506 7226
Members of the public will be able to provide comments via audio when directed by the Mayor to
do so. Please tap the screen on your cellphone or tablet, or move your mouse on your computer,
to view an option to raise your hand. Tap or click on the "raise hand" icon displayed to raise your
hand to speak. Callers must press *9 to raise your hand to speak. The City Clerk will notify the
Mayor there are public comments and will notify you when it is your turn to speak by turning your
microphone on. Speakers will be provided three minutes to provide comments.
Comments can also be provided via email to the City Clerk at cityclerk@cityofaventura.com by
February 1, 2021 at 6:00 p.m. Comments received will be provided to the City Commission.
Please list the item you are providing a comment for in your email.
City Manager
City ConHnission Ronald J.Wasson
Enid Weisman,Mayor ���_;�__+
Robert Shelley,Vice Mayor �:!_ =�:;\ City Clerk
Jonathan Evans,Commissioner Elllisa L.Horvath,MMC
Rachel S.Friedland,Commissioner �
Denise Landman,Commissioner City Attorney
Dr.Linda Marks,Commissioner G_ Weiss Scrota Hellman
Marc Narotsky,Commissioner e�✓ G ,.n Q,� Cole&Bierman
CITY COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 2, 2021
6:00 p.m.
Via Virtual Communications Media Technology
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Employee Service Awards
• Aventura City of Excellence School Update from Principal Tyrkala
• Don Soffer Aventura High School Update from Principal McKnight
5. CO N S E N T AG E N DA: 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 5, 2021 City Commission Regular Meeting
• January 21 , 2021 City Commission Special Meeting
• January 21 , 2021 City Commission Regular Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF
THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $17,000 FOR
MOTORIZED ALUMINIUM SECURITY GATES FROM THE POLICE FEDERAL
FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
Aventura City Commission Regular Meeting Agenda
February 2, 2021
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO.20-07-23-
3, CITY OF AVENTURA ON-DEMAND TRANSPORTATION SERVICES TO
BEEFREE LLC D/B/A FREEBEE IN ACCORDANCE WITH THE RFP DOCUMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA DEDICATING A TWELVE (12) FOOT WIDE EASEMENT TO MIAMI-
DADE WATER AND SEWER DEPARTMENT ON THE DON SOFFER AVENTURA
HIGH SCHOOL SITE; PROVIDING FOR RECORDATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF
PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROVIDED BY THE
CHARTER REVISION COMMISSION,IN ACCORDANCE WITH SECTION 7.06 OF
THE CITY CHARTER; CONSISTING OF PROPOSED CHARTER AMENDMENTS
CONCERNING PARAGRAPH (C) "LIMITATIONS ON LENGTHS OF SERVICE"
OF SECTION 2.03 "ELECTION AND TERM OF OFFICE", AND SECTION 7.03
"CONFLICTS OF INTEREST; ETHICAL STANDARDS", AND SECTION 7.06 "
CHARTER REVISION" OF THE CITY CHARTER; PROVIDING REQUISITE
BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A
SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY
CHARTER TO BE HELD ON TUESDAY, THE 27m DAY OF APRIL 2021;
PROVIDING NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT
ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None.
7. ORDINANCES — FIRST READING/PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
DIVISION 6, "ARTS IN PUBLIC PLACES ADVISORY BOARD" OF ARTICLE III,
CHAPTER 2 OF THE CITY CODE TO REVISE THE COMPOSITION OF THE ART
IN PUBLIC PLACES ADVISORY BOARD; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: None.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
Page 2 of 3
Aventura City Commission Regular Meeting Agenda
February 2, 2021
FUTURE MEETINGS
Meeting dates,times, and location are subject to change. Please check the City's website for the most current
schedule. Meetings will be held either at the City of Aventura Government Center(19200 West Country Club
Drive,Aventura)or via virtual communications media technology as designated on the applicable agendas.Please
monitor the City's website for procedural changes necessitated by the COVID-19 emergency.
COMMISSION REGULAR WORKSHOP-FEBRUARY 18,20219 AM
COMMISSION REGULAR MEETING-MARCH 2,2021 AT 6 PM
COMMISSION REGULAR WORKSHOP-MARCH 18,2021 9 AM
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 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in 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 are available online at cityofaventura.com for viewing and printing,or may be requested through
the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
Page 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: January 29, 2021
SUBJECT: Approval of Minutes
February 2, 2021 City Commission Meeting Agenda Item 5A
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 2021.
BACKGROUND
Meetings were held and minutes have been provided for Commission approval for the
following:
• January 5, 2021 City Commission Regular Meeting
• January 21, 2021 City Commission Special Meeting
• January 21, 2021 City Commission Regular Workshop Meeting
Should you have any questions, please contact me.
/elh
attachments
Wy.. .pmv 14
gyp.
L
AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
JANUARY 5, 2021
6:00 P.M.
Virtual Meeting Via Video Conferencing
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 6.02 p.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner
Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks,
Commissioner Marc Narotsky, 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.
The meeting was held via video conferencing through Zoom, as specified on the meeting
agenda and as a result of the state of emergency due to COVID-19. Members of the
public were given instructions for providing comments.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Charter School Legislative Update: Ralph Arza, Director of Government
Relations - Florida Charter School Alliance, provided a brief update.
• Aventura City of Excellence School Update from Principal Tyrkala: Principal
Anthony Tyrkala provided a brief report on ACES.
Don Soffer Aventura High School Update from Principal McKnight: Principal David
McKnight and Student Hlib Panfilov both provided brief reports on DSAHS.
5. CONSENT AGENDA: There were no requests from the public to address the
Commission. The following items were removed for discussion: Item B by Commissioner
Narotsky and Items A (November 19, 2020 Commission Workshop Minutes), E, and I by
Commissioner Dr. Marks.
A motion to approve the remaining items on the Consent Agenda was offered by
Commissioner Narotsky, seconded by Commissioner Dr. Marks, and passed
unanimously by roll call vote. The following action was taken:
Aventura City Commission Regular Meeting Minutes
January 5, 2021
A. Minutes approved as follows:
• November 5, 2020 City Commission Inauguration Ceremony
• November 10, 2020 City Commission Regular Meeting
• November 19, 2020 City Commission Special Meeting
• December 14, 2020 City Commission Special Meeting
C. Motion approved as follows:
MOTION TO RATIFY THE CITY MANAGER'S APPOINTMENT OF DANIEL
NAIM AS A SPECIAL MASTER FOR THE CITY OF AVENTURA CODE
ENFORCEMENT PROCESS.
D. Resolution No. 2021-02 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE
NOVEMBER 3, 2020 MUNICIPAL CANDIDATE ELECTION FOR
COMMISSION SEAT I AND COMMISSION SEAT 5, AS CERTIFIED BY THE
CANVASSING BOARD AND ATTACHED HERETO; DECLARING THE
QUALIFYING UNOPPOSED CANDIDATE ELECTED TO COMMISSION SEAT
3 WITHOUT NECESSITY FOR FURTHER CONDUCT OF ELECTION
PROCESS FOR THAT SEAT, AS CERTIFIED BY THE CITY CLERK; AND
PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2021-03 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, URGING THE BAHAMIAN GOVERNMENT TO DENY OFFSHORE
OIL DRILLING EXPLORATION LICENSES AND PERMANENTLY BAN
OFFSHORE OIL DRILLING ACTIVITIES IN THE BAHAMAS; PROVIDING
FORT NSITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
G. Resolution No. 2021-04 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.
H. Resolution No. 2021-05 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING ELECTED OFFICIALS OF THE CITY OF
AVENTURA TO PARTICIPATE IN THE CITY'S ICMA-RC 457 PLAN, WITH
ALL APPLICABLE CONTRIBUTIONS TO BE PAID SOLELY BY THOSE
ELECTED OFFICIALS WHO PARTICIPATE; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Page 2 of 7
Aventura City Commission Regular Meeting Minutes
January 5, 2021
The following items removed from the Consent Agenda were discussed:
Item 5A - Approval of Minutes for November 19, 2020 City Commission
Regular Workshop Meeting: Commissioner Dr. Marks requested that the language be
clarified on page 3 to show a salary "increase" in lieu of "adjustment" and to also clarify
that it was for the 2020 annual performance bonus.
A motion for approval of the minutes as clarified was offered by Commissioner Dr. Marks,
seconded by Vice Mayor Shelley, and passed unanimously by roll call vote.
Item 513: Mr. Wolpin read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA ADOPTING THE CITY OF AVENTURA 2021 LEGISLATIVE PROGRAM
AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the Resolution (adopting the items of the Legislative Program,
excluding Item #11) was offered by Commissioner Landman and seconded by
Commissioner Evans.
Mayor Weisman opened the public hearing. There being no speakers, the public hearing
was closed.
The motion for approval of the Resolution (excluding item #11) passed unanimously, by
roll call vote.
Commissioner Narotsky recused himself from voting on Item #11 of the Legislative
Program due to a conflict and left the meeting.'
Mr. Wasson read item #11.
A motion to approve the Resolution (as to solely the portion adopting Item #11 of the
Legislative Program) was offered by Commissioner Landman and seconded by
Commissioner Evans.
Mayor Weisman opened the public hearing. There being no speakers, the public hearing
was closed.
The motion for approval of the Resolution (Item #11) passed unanimously by roll call vote
and Resolution No. 2021-01 was adopted.
Commissioner Narotsky returned to the meeting.
The Memorandum of Voting Conflict(Form 8B)for Commissioner Narotsky is attached to the minutes as required.
Page 3 of 7
Aventura City Commission Regular Meeting Minutes
January 5, 2021
Item 5E: Mr. Wolpin read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER AS PROVIDED BY THE CHARTER
REVISION COMMISSION, IN ACCORDANCE WITH SECTION 7.06 OF THE CITY
CHARTER; CONSISTING OF PROPOSED CHARTER AMENDMENTS CONCERNING
PARAGRAPH (C) "LIMITATIONS ON LENGTHS OF SERVICE" OF SECTION 2.03
"ELECTION AND TERM OF OFFICE", AND SECTION 7.03 "CONFLICTS OF
INTEREST;ETHICAL STANDARDS",AND SECTION 7.06"CHARTER REVISION"OF
THE CITY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE
PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY,
THE 27TH DAY OF APRIL 2021; PROVIDING NOTICE OF ELECTION; PROVIDING
FOR MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the Resolution was offered by Vice Mayor Shelley and seconded by
Commissioner Dr. Marks.
Mr. Wolpin explained the process, as well as the Charter Revision Commission
recommendations, and reviewed the proposed Charter amendment questions.
The Commission reviewed the recommendations/ballot questions and proposed the need
for further discussion on sections 7.03 and 7.06 for further input by the Commission and
possible additional review by the Charter Revision Commission.
A motion to table the item for discussion at the January 21, 2021 City Commission
Workshop was offered by Vice Mayor Shelley, seconded by Commissioner Landman, and
passed unanimously, by roll call vote.
Item 51: Mr. Wolpin read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR RFP NO. 20-07-23-3,
CITY OF AVENTURA ON-DEMAND TRANSPORTATION SERVICES TO BEEFREE
LLC D/B/A FREEBEE IN ACCORDANCE WITH THE RFP DOCUMENT;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
The Commission briefly reviewed the contract and route map.
A motion to table the item for discussion at the January 21, 2021 City Commission
Workshop was offered by Commissioner Dr. Marks, seconded by Commissioner Evans,
and passed unanimously, by voice vote.
Page 4 of 7
Aventura City Commission Regular Meeting Minutes
January 5, 2021
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin
reviewed and entered the quasi-judicial procedures into the record. Mrs. Horvath
administered the oath to all those wishing to offer testimony on the items.
RESOLUTIONS:
Mr. Wolpin read the following Resolution title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, APPROVING A MODIFICATION OF SIGN VARIANCE
APPROVALS GRANTED PURSUANT TO RESOLUTION NOS. 2004-50 AND
2005-47 FOR MIAMI BEACH HEALTH CARE GROUP LTD.D/B/A AVENTURA
HOSPITAL AND MEDICAL CENTER TO PERMIT A SECOND WALL SIGN ON
THE EAST ELEVATION OF THE HOSPITAL BUILDING AND THE
REPLACEMENT AND RELOCATION OF TWO MONUMENT SIGNS,AT 20900
BISCAYNE BOULEVARD, CITY OF AVENTURA; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Narotsky and
seconded by Commissioner Landman.
Community Development Director Joanne Carr entered the staff report into the record,
which recommended approval, subject to the conditions listed.
The following provided testimony on behalf of the Applicant (Miami Beach Health Care
Ltd.): David Was, Chief Operating Officer - Aventura Hospital & Medical Center (20900
Biscayne Blvd., Aventura).
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Resolution passed unanimously, by roll call vote, and
Resolution No. 2021-06 was adopted.
Mr. Wolpin read the following Resolution title-
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO
SECTION 31-144(F)(2)D. OF THE CITY CODE OF ORDINANCES TO PERMIT
RETAIL USES AS PART OF A NON-RESIDENTIAL DEVELOPMENT,
TOTALING 7.85%OF THE TOTAL GROSS INTERIOR SQUARE FOOTAGE OF
THE BUILDING, WHERE THE CITY CODE PERMITS RETAIL USES NOT IN
EXCESS OF 15% OF THE TOTAL GROSS INTERIOR SQUARE FOOTAGE OF
THE BUILDING; FOR THE OFFICE/HOTEL DEVELOPMENT LOCATED AT
2820 NE 214 STREET, CITY OF AVENTURA; PROVIDING FOR
RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Page 5 of 7
Aventura City Commission Regular Meeting Minutes
January 5, 2021
A motion for approval of the Resolution was offered by Vice Mayor Shelley and seconded
by Commissioner Landman.
Community Development Director Joanne Carr entered the staff report into the record,
which recommended approval, subject to the conditions listed.
The following provided testimony on behalf of the Applicant (Shalev Development Group,
LLC): Michael J. Marrero, Esq. - Bercow Radell Fernandez & Larkin (200 S. Biscayne
Blvd. Suite 850, Miami).
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Resolution passed unanimously, by roll call vote, and
Resolution No. 2021-07 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. 2019-14 WHICH ORDINANCE ADOPTED A
BUDGET FOR THE 2019/2020 FISCAL YEAR BY REVISING THE 2019/2020 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 Commissioner Landman.
Mr. Wasson reviewed the item, highlighting the changes in expenditures and revenues.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Ordinance passed unanimously, by roll call vote, and
Ordinance No. 2021-01 was adopted.
9. RESOLUTIONS/PUBLIC HEARINGS: None.
10. REPORTS:
Commissioner Dr. Marks encouraged supporting local restaurants and stores and
discussed the importance of following COVID guidelines.
Page 6 of 7
Aventura City Commission Regular Meeting Minutes
January 5, 2021
Mayor Weisman discussed the ratings for Aventura restaurants and reported on the
County campaign for vaccines as well as the Mayors' resolution to Governor DeSantis
regarding vaccines for teachers.
Mr. Wasson will send a letter to the restaurants reminding them to follow the guidelines
and follow up on the Aventura restaurant ratings.
The Commission discussed vaccines and the distribution process.
11. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public
comments. The following members of the public provided comments: Howard Weinberg
(3370 NE 190 Street, Aventura).
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Evans, seconded by
Commissioner Narotsky, and unanimously approved; thus, adjourning the meeting at 8:26
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 2, 2021.
Page 7 of 7
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Narotsky, Marc E. Aventura City Commission
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
19200 W. Country Club Drive WHICH I SERVE ISA UNIT OF:
CITY COUNTY � CITY ❑COUNTY ❑OTHER LOCAL AGENCY
Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED City of Aventura
January 5, 2021 MY POSITION IS:
ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Marc E. Narotsky , hereby disclose that on January 5 20 21
(a)A measure came or will come before my agency which(check one or more)
X inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained;or
inured to the special gain or loss of which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Agenda Item 5B-#11 of the 2021 Legislative Program and Priorities List is related to my professional activities as
a neutral third party mediator.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
January 7, 2021
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 813-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
•
a
AVENTURA CITY COMMISSION
SPECIAL MEETING MINUTES
JANUARY 21, 2021
Following 9:00 A.M. School Governing Board Meetings
Virtual Meeting Via Video Conferencing
The meeting was held via video conferencing through Zoom, as specified on the meeting
agenda and as a result of the continued state of emergency due to COVID-19. Members
of the public were given instructions for providing comments.
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid
Weisman at 10.43 a.m. The roll was called and the following were present: Mayor Enid
Weisman, Vice Mayor Robert Shelley, Commissioner Jonathan Evans, Commissioner
Rachel S. Friedland, Commissioner Denise Landman, Commissioner Dr. Linda Marks,
Commissioner Marc Narotsky, 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/PUBLIC HEARING: Mr. Wolpin read the following Resolution title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, URGING THE FLORIDA GOVERNOR TO AMEND EXECUTIVE
ORDER 20-315 TO INCLUDE TEACHERS IN THE PHASE ONE COVID-19
VACCINATION DISTRIBUTION PLAN PRIORITY LIST; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Friedland and
seconded by Commissioner Evans.
Mayor Weisman and Mr. Wasson reviewed the item.
Mayor Weisman opened the item for public comment. There being no comments, Mayor
Weisman closed the item for public input.
The motion for approval of the Resolution passed unanimously, by roll call vote, and
Resolution No. 2021-08 was adopted.
3. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by
Commissioner Evans, and unanimously approved-, thus, adjourning the meeting at 10.48
a.m.
Aventura City Commission Special Meeting Minutes
January 21, 2021
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 2, 2021.
Page 2 of 2
•
t
AVENTURA CITY COMMISSION
REGULAR WORKSHOP MEETING MINUTES
JANUARY 21, 2021
Following 9:00 a.m. School Governing Board Mtgs. & Special Commission Mtg.
Virtual Meeting Via Video Conferencing
The meeting was held via video conferencing through Zoom, as specified on the meeting
public notice and agenda, as a result of the continued COVID-19 state of emergency.
1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman
at 10:48 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Robert
Shelley, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland,
Commissioner Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc
Narotsky, 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: Miami-Dade County Homeless Trust/General Information (City
Manager): Mr. Wasson explained the request to invite Mr. Book to provide information
on the Homeless Trust and ways the organization could assist with any homeless in the
Aventura area.
Ronald L. Book, Esq. — Miami-Dade County Homeless Trust Board of Trustees Chairman,
provided information on the outreach team, the efforts of the organization to assist with
the homeless, ways the public can assist through donated items/funds, and the need for
funding from the State.
City Manager Summary: No action was taken as this was an informational item.
3. Presentation and Discussion: Electric Vehicle Transportation - Beefree, LLC
dba Freebee (City Manager): Mr. Wasson explained the item that was tabled at the
January 5 1 h Commission Meeting for further discussion of the initial rollout and noted that
the contract had been revised to include comments provided at that meeting.
Jason Spiegel — FreeBee Co-Founder and Managing Partner, reviewed a PowerPoint
outlining the aspects of the free on-demand, door to door electric transportation transit
solution. He recommended starting with a smaller area and growing from there, to allow
for the collection of user data. It was noted that the minimum age for riders would be set
by the City.
The Commission discussed core and service areas, adding vehicles in the future, revenue
sharing, and vehicle charging.
Aventura City Commission
Regular Workshop Meeting Minutes—January 21, 2021
City Manager Summary: It was the consensus of the City Commission to proceed
with a Resolution on the February 2nd Commission Meeting Agenda for this item with the
following additions to the contract: outline the costs to provide additional vehicles, clarify
the company's responsibility to pay for the electricity, and require driving background
checks in addition to the current criminal background checks. Mr. Wasson will provide a
report with information on those riding the City's current shuttle buses.
4. Discussion: Revision to Proposed Charter Amendments (City Manager): Mr.
Wasson explained the item that was tabled at the January 51h Commission Meeting for
further discussion and explained the Commission's options.
Mayor Weisman read letters received from the following: Yvonne Llauger (Charter
Revision Commission Member), Billy Joel (former Commissioner and 2015 Charter
Revision Commission Member), and Luz Weinberg (former Commissioner and 2015
Charter Revision Commission Member).
Mr. Wolpin explained that the proposed City Commission amendments to sections 7.03
and 7.06 were provided based on the Commission's discussion at the January 5th
meeting. He clarified the City Charter's clear direction that the Charter Revision
Commission's recommendations had to be placed on a ballot, but explained that didn't
prohibit the Charter Revision Commission (CRC) from further reviewing the items.
The Commission discussed the CRC recommendations, specifically regarding 7.03(B)
and the resignation requirement from community associations.
Mr. Wasson reported that the Chair of the Charter Revision Commission had expressed
his view that the work of the CRC was completed.
City Manager Summary: It was the consensus of the City Commission to proceed
with a Resolution on the February 2nd Commission Meeting Agenda for this item, including
any change to the special election date required by the Miami-Dade County Supervisor
of Election.
5. Selection of Arts in Public Places Advisory Board Members (City Manager):
Mr. Wasson explained that the terms for the current Board members expire in February
and all had expressed interest in serving again.
The Commission discussed changing the composition of the Board, per Mayor
Weisman's suggestion, to provide for five resident members in lieu of the Mayor serving
as a member. Possible art donations were also discussed.
Mrs. Horvath explained the need to change the current Ordinance in order to revise the
composition of the Board.
City Manager Summary: It was the consensus of the City Commission to proceed
with placing an Ordinance on the February 2nd Commission Meeting Agenda to change
the composition of the Board to five resident members. Additionally, once the composition
Page 2 of 3
Aventura City Commission
Regular Workshop Meeting Minutes—January 21, 2021
of the Board is changed, consensus was given to proceed with a Resolution to appoint
the residents as provided by the City Manager, as well as the resident provided by
Commissioner Dr. Marks.
6. Discussion: Accepting Campaign Contributions from Vendors Doing
Business with the City (Commissioner Dr. Marks): Commissioner Dr. Marks reviewed
the City's current requirement prohibiting vendors from donating to the campaigns of
Commission candidates.
Mr. Wolpin explained the Ordinance created in 2005 as part of a comprehensive ethics
standard for Aventura.
City Manager Summary: No action was taken on this item.
The following additional items were discussed:
Mr. Wasson requested that a Commission Special Workshop be scheduled in early
February to review plans for the north medical district as a sole item, as directed by the
Commission in the past. Consensus was provided to schedule the presentation for the
Commission Regular Workshop on February 18th and limiting any other items on that
agenda.
7. Adjournment: There being no further business to come before the Commission,
the meeting was adjourned by consensus at 1:07 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on February 2, 2021 .
Page 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
(ti fi tL� j
FROM: Ronald J. Wasson, City Manager \ --- --~
DATE: January 29, 2021
SUBJECT: Resolution Declaring Equipment as Surplus
February 2, 2021 City Commission Meeting Agenda Item 5B
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
CCO1958-21
RESOLUTION NO. 2021-
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 Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Vice Mayor Robert Shelley
Mayor Enid Weisman
City of Aventura Resolution No. 2021-
PASSED AND ADOPTED this 2nd day of February, 2021.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
CITY OF "ENTURA
MEMORANDUM
TO: Ronald Jo Wasson, i nat
Joseph S. Kroll, Director of Public Works/Transportation
DATE: January
SUBJECT: Surplus Property
l am requesting to have the followingi ray a listed belowdeclared s surplus
property, s this item has outlived its useful life co n I for
department use.
Year Model VIN# Tag
2010 Dodge Dakota
JSK/gf
JKK21002
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager C4--
DATE: January 29, 2021
SUBJECT: Disbursement of Police Federal Forfeiture Funds
February 2, 2021 City Commission Meeting Agenda Item 5C
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend funds
from the Police Federal Forfeiture Funds:
"Motion authorizing the appropriation of up to $17,000 for motorized aluminum
security gates from the Police Federal Forfeiture Funds in accordance with the City
Manager's Memorandum".
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO1959-21
CITY OF AVENTURA
POLICE
INTER OFFICE
® Ronald J. Wasson, City Manager
Bryan Pegues, Chief of Police
DATE: January 29, 2 1
Use of Federal Forfeiture Funds
The Federal Equitable SharingAgreement (F ), Section Vill allows for the use f
federally a i funds for law enforcement. Section I , A9 of the Federal Equitable
Sharing agreement requires funds be expendedonly upon request of the Chief
of Policeto the governingof the municipality and approval of the governingbody.
I am requesting Ci y Commission approval for the expenditureof funds for security
gates on the 1'It floor of the policei r .
motorized lu inu security s: $17,000.00
SecuritySummary
— Items are needed to provide additional security to officers
vehicles on the first floor of the parking .
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Brian K. Raducci, Assistant City Manager— Finance and Administration
DATE: January 29, 2021
SUBJECT: Resolution Authorizing the Execution of an Agreement between the
City and Beefree, LLC dba Freebee
February 2, 2021 City Commission Meeting Agenda Item 51)
RECOMMENDATION
As discussed at the January 21, 2021 Commission Workshop, it is recommended that the
City Commission adopt the attached Resolution authorizing the City Manager to execute
a 12-month Agreement between the City and Beefree, LLC, a limited liability company
d/b/a Freebee for on-demand transportation services subject to the City obtaining and
executing any required Miami-Dade County Interlocal Agreement pertaining to the
service.
BACKGROUND
On June 23, 2020, the City issued RFP # 20-07-23-3 On-Demand Transportation
Services, to solicit proposals from firms to provide on-demand transportation services to
residents and visitors within the City. The City advertised the availability of the RFP in the
Daily Business Review and made available a solicitation package from
www.demandstar.com on June 23, 2020.
On August 6, 2020, the following two (2) firms submitted proposals for consideration of the
requested services.
1. Beefree, LLC, a limited liability company d/b/a Freebee
2. Circuit Transit, Inc.
Memo to City Commission
January 29, 2021
Page 2
On September 22, 2020, the Evaluation Committee (consisting of Ronald J. Wasson, City
Manager, Brian K. Raducci, Assistant City Manager — Finance and Administration,
Joanne Carr, Community Development Director and Joseph Kroll, Public
Works/Transportation Director) interviewed both firms. After concluding the interviews,
the Evaluation Committee ranked Freebee as the most highly qualified firm to perform the
required services based on the evaluation criteria outlined in the RFP.
At the October 16, 2020 Commission Workshop, City staff and Freebee made a
presentation to the City Commission and it was the consensus of the Commission for staff
to negotiate a twelve (12) month contract (trial period) with Freebee for future
consideration.
The item was placed on the January 5, 2021 Commission consent agenda where it was
removed for discussion and tabled to the January 21, 2021 Commission Workshop.
At the January 21, 2021 Commission Workshop, Freebee made a presentation to the City
Commission and it was the consensus of the Commission for staff to refine the agreement
and place in on the February 2, 2021 Commission Meeting for consideration. The
projected 12-month cost of this Agreement is $322,953.80 or approximately
$26,913/month with service anticipated to begin in April 2021 due to the lead time that is
required to establish service.
The breakdown for the Services charge is as follows:
• Two (2) XL Vehicles
• Service: Monday through Sunday 7.00 am — 11.00 pm.
• Ninety-Eight (98) Hours of labor per vehicle weekly (weather and conditions
permitting)
• Cost: $322,953.80 Annually
EXHIBIT "B" of the Agreement found on page 18 of 18 contains the Designated Service
Area Map (Subject to Revision as Necessary).
SUMMARY OF REVISIONS TO FINAL AGREEMENT
As a result of the discussion that took place at the January 21, 2021 Workshop the
following revisions were made to the agreement:
• Section 2.7 has been modified to include the following language "The background
screening shall comply with CITY protocols and shall include both criminal and
driving record components."
Memo to City Commission
January 29, 2021
Page 3
• Section 11.1 has been modified to include the following language "It is recognized
that if the CITY decides to add additional vehicle(s), which would operate during the
same service days and times under the initial scope to those initially provided, that
the monthly cost shall be increased proportionally as computed by the CITY'S
Finance Director, and mutually agreed upon by both parties."
• Exhibit "A" Section 2 c.) has been modified to include the following language
"FREEBEE shall be solely responsible for all electricity fees, costs and expenses."
This statement is in reference to the electricity that will be utilized by the charging
process.
The Municipal Administrator with the Citizens Independent Transportation Trust has
confirmed that County Transit System Surtax funds may be utilized to support this service.
Although the cost of this service was not anticipated in the FY 2020/21 Adopted Budget,
funding will be provided from the Transportation and Street Maintenance Fund at the mid-
year budget amendment in March/April 2021.
Based on the foregoing, the Committee requests that the City Commission approve the
attached resolution authorizing the City Manager to execute a 12-month Agreement
between the City and Beefree, LLC, a limited liability company d/b/a Freebee for on-
demand transportation services. The attached Agreement has been reviewed and
approved by the City Attorney's Office. A copy of the RFP, submittals by both firms and
other supporting documents are available for review in the Finance Department.
If you have any questions, please feel free to contact the City Manager.
Attachment
RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR RFP NO. 20-07-23-3, CITY OF AVENTURA ON-DEMAND
TRANSPORTATION SERVICES TO BEEFREE LLC D/B/A FREEBEE IN
ACCORDANCE WITH THE RFP DOCUMENT; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED ASSOCIATED CONTRACT;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the
various laws of the State of Florida and the Code of the City of Aventura, properly solicited
and accordingly accepted proposals for RFP NO. 20-07-23-3 CITY OF AVENTURA ON-
DEMAND TRANSPORTATION SERVICES; and
WHEREAS, sealed proposals have been submitted to and received by the City
pursuant to the City's RFP notice, solicitation, specifications, proposals, and requirements
for the services as cited above; and
WHEREAS, staff has determined that BEEFREE LLC d/b/a FREEBEE has
submitted the most responsible and responsive proposal for said services; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said RFP/contract to said lowest responsible and
responsive proposer.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That proposal/contract for RFP NO. 20-07-23-3, CITY OF AVENTURA
ON-DEMAND TRANSPORATION SERVICES is hereby awarded to BEEFREE LLC
d/b/a FREEBEE, subject to the City obtaining and executing any required Miami-Dade
County Interlocal Agreement pertaining to the service.
City of Aventura Resolution No. 2021-
Section 2. That the City Manager is hereby authorized to execute, on behalf of
the City, the attached contract by and between the parties embodying the terms,
conditions, and specifications as set forth in the subject RFP notice, solicitation,
specifications, proposal and requirements.
Section 3. That the City Manager is hereby authorized and requested to take all
necessary and expedient action to carry out the aims of this Resolution in awarding this
RFP/contract, including but not limited to, the execution of any required Interlocal
Agreement.
Section 4. That this Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Vice Mayor Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 2nd day of February, 2021.
Page 2 of 3
City of Aventura Resolution No. 2021-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
AGREEMENT
THIS IS AN AGREEMENT, dated the 2nd day of February, 2021, between:
CITY OF AVENTURA
a Florida municipal corporation, hereinafter"CITY,"
and
BEEFREE, LLC,
a limited liability company d/b/a FREEBEE, authorized to do
business in the State of Florida, hereinafter"CONTRACTOR."
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants and payments
hereinafter set forth, CITY and CONTRACTOR agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this
Agreement and to generally express the objectives and intentions, of the respective parties
herein, the following statements, representations and explanations shall be accepted as
predicates for the undertakings and commitments included within the provisions which follow
and may be relied upon by the parties as essential elements of the mutual considerations
upon which this Agreement is based.
1.1 The CITY seeks to have an independent contractor provide on-demand transporta-
tion services to residents and visitors within the CITY and as a result, on June 23, 2020
issued RFP # 20-07-23-3 On-Demand Transportation Services.
1.2 On August 6, 2020 CONTRACTOR was one (1) of two (2) firms to submit proposals
for consideration of the requested services. The CITY received a proposal from CONTRAC-
TOR to provide a mobile application-based transportation and marketing services to CITY
residents and visitors via CONTRACTOR's 100% electric and customized low-speed vehi-
cles known as "Freebees" (the "Services").
1.3 On September 22, 2020, the Evaluation Committee interviewed both firms and
ranked CONTRACTOR highest.
1.4 At the October 16, 2020 Commission Workshop, City staff and CONTRACTOR
made a presentation to the City Commission and it was the consensus of the Commission
for staff to negotiate a twelve (12) month contract (trial period) with CONTRACTOR for
future consideration.
1.5 CONTRACTOR has developed a service to provide free local transportation utiliz-
ing electric carts ("Freebee") and has implemented the environmentally friendly transit
service in several South Florida communities.
Page 1 of 18
1.6 CITY and CONTRACTOR desire to enter into an Agreement for a twelve (12)
month trial period for the provision of the Services as set forth herein. The trial period for
CONTRACTOR's service will terminate twelve (12) months from the first date of when the
on-demand transportation services become available to the CITY's residents and visitors.
1.7 On February 2, 2021, the City Commission of Aventura, adopted Resolution No.
2021- , thereby accepting the proposal from CONTRACTOR and authorizing the City
Manager to execute this Agreement with CONTRACTOR for the proposed on-demand
transportation services.
1.8 The City Manager is authorized to execute an Agreement with CONTRACTOR for
services related to the scope of work set forth in the Rates and Services Addendum attached
hereto as EXHIBIT "A" and as more particularly described herein.
ARTICLE 2
SCOPE OF WORK
2.1 The CONTRACTOR shall furnish all of the materials, tools, supplies and labor nec-
essary to perform all of the work described in the Rates and Services Addendum, a copy of
which is attached hereto and specifically made a part of this Agreement as EXHIBIT "A".
2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying
upon these representations when entering into this Agreement with CONTRACTOR, that
CONTRACTOR has the professional expertise, experience and manpower to perform the
services to be provided by CONTRACTOR pursuant to the terms of this Agreement.
2.3 CONTRACTOR assumes professional and technical responsibility for performance
of its services to be provided hereunder in accordance with applicable recognized
professional standards.
2.4 None of the work or services under this contract shall be subcontracted, unless
CONTRACTOR obtains prior written consent from the CITY. Approved subcontractors
shall be subject to each provision of this contract and CONTRACTOR shall be
responsible and indemnify the CITY for all subcontractors' acts, errors or omissions.
2.5 CONTRACTOR shall comply with any and all laws, statutes, ordinances, rules,
regulations, and procedural requirements whether federal, State, County or local and of
any agency or such government, which relate to or in any manner affect the performance
of this Agreement. This includes compliance with any existing or future drug policies, the
Americans with Disabilities Act (ADA), Florida Department of Children and Family State
Statutes, and any laws and regulations issued by Local, County, State or Federal agen-
cies.
CONTRACTOR shall be licensed and certified by all appropriate County, State and Local
agencies. CONTRACTOR shall procure at its own expense, all necessary licenses and
permits. CONTRACTOR shall conform to all applicable laws, regulations or ordinances
of the State, County and City. CONTRACTOR shall furnish a copy of all licenses, certifi-
cates of competence or other licensor requirements necessary to provide their services
Page 2 of 18
as required by Florida State Statutes.
2.6 CONTRACTOR personnel performing services pursuant to this Agreement must
present a neat appearance, and must wear distinct clothing bearing the CONTRACTOR'S
name for easy identification. All CONTRACTOR employees must wear a distinctive and
neat uniform that is acceptable to the CITY. Any color or color combination may be used
for the uniforms. The Department Director or designee may request the removal of any
employee not properly uniformed.
2.7 The CONTRACTOR'S employee personnel shall undergo background screening
and a drug screening prior to providing Services pursuant to this Agreement. The back-
ground screening shall comply with CITY protocols and shall include both criminal and
driving record components. The Background Check Process will be conducted by Con-
tractor, at Contractor's sole cost. The Personnel shall not be permitted to perform Ser-
vices under this Agreement until such time as the Background Check Process has been
completed and the Personnel cleared by the CITY to perform duties under this Agree-
ment. If any Personnel is away from the job for a period of 45 or more days, a new Back-
ground Check Process shall be performed.
The CONTRACTOR must maintain satisfactory standards of employee competency, con-
duct, appearance and integrity, and must take such disciplinary action against their em-
ployees, as necessary, to the extent permitted by law. Each CONTRACTOR employee is
expected to adhere to standards of conduct that reflect credit on themselves, their em-
ployer, the community, and the CITY. Being that the CONTRACTOR will be visible at all
times to the public during the performance of its duties under this Agreement, the COW
TRACTOR should ensure its employees continue to adhere to standards of conduct while
on breaks. CONTRACTOR'S employees must not sleep or lay down in public view at any
time during the performance of duties. If any of CONTRACTOR'S employees are found
sleeping or lying down in public view by CITY staff, or if such activity is reported by the
public and verified by the CITY, the CITY may impose a performance penalty of$250 per
occurrence assessed to the CONTRACTOR.
2.8 The CONTRACTOR'S employees must not possess, distribute, consume, use or
cause to be used, any controlled substance or alcohol during the performance of such
services. Any CONTRACTOR employee under the influence of alcohol or a controlled
substance must not be permitted to perform any services under this Agreement. Any
CONTRACTOR or CONTRACTOR employee found to be in violation of this requirement
will be permanently prohibited from performing any services under this Agreement. Ac-
tions taken under this Section must not relieve the CONTRACTOR of the obligation to
provide sufficient personnel to perform adequate and timely services as required in this
Agreement.
2.9 The CONTRACTOR agrees that any complaints received by the CITY concerning
misconduct on the part of the CONTRACTOR, such as poor services, discourtesy to the
public, damage to vehicles, etc., will be referred to the office of the Public Works/Trans-
portation Department for appropriate action. The CONTRACTOR agrees to make any
complaints concerning the City of Aventura available to the City Manager or his designee
for action as required, and the decision of the CITY shall be final and binding.
Page 3 of 18
ARTICLE 3
PROJECT TIMETABLE
3.1 The CONTRACTOR shall commence work as directed by CITY and in accordance
with a project implementation timeline to be provided to CONTRACTOR by the CITY. CON-
TRACTOR shall complete all work in a timely manner in accordance with the project timeline
and as stated in EXHIBIT "A" to this Agreement.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for
completion approved by CITY in advance, in writing, will not constitute a delay by
CONTRACTOR. Furthermore, a delay due to an Act of God, war, fire, theft, epidemic,
pandemic, hurricane, tropical storm, inclement weather, earthquake, lockout, strike or labor
dispute, riot or civil commotion, act of public enemy or other cause beyond the control of
CONTRACTOR shall extend this Agreement for a period equal to such delay and during
this period such delay shall not constitute a delay by CONTRACTOR for which liquidated
damages are due.
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this
Agreement, for services rendered in accordance with the Rates and Services Addendum
attached hereto as EXHIBIT"A". Prices for work completed by the CONTRACTOR shall be
as reflected in CONTRACTOR's Rates and Services Addendum attached hereto and made
a part hereof as EXHIBIT "A". A total contract price hereto is referred to as Contract Sum
and shall not exceed Three Hundred Twenty-Two Thousand Nine Hundred Fifty-Three
Dollars and 80 cents ($322,953.80).
4.2 The CITY will make payments to CONTRACTOR for completed and proper services
rendered and in the amounts stated in EXHIBIT "A".
4.3 CONTRACTOR is prohibited from placing a lien on the CITY's property. This
prohibition applies to; inter alia, all sub-CONTRACTORs and subcontractors, suppliers
and labors.
ARTICLE 5
CONTRACTOR'S INSURANCE
5.1 The CONTRACTOR shall purchase and maintain, in full force and effect for the life
of the Agreement, at CONTRACTOR'S sole expense, the following insurance policies-
1. A business automobile policy which covers any vehicles used in connection with
this Agreement, regardless of whether the vehicle is owned, rented, hired or
borrowed by the CONTRACTOR. Minimum limits for bodily/property damage
liability shall be one million dollars ($1,000,000.00) per occurrence.
2. A comprehensive general liability policy with minimum coverage limits of three
million dollars ($3,000,000.00) for bodily injury and property damage per occur-
rence.
Page 4 of 18
3. A workers' compensation and employer's liability policy which covers all of the
CONTRACTOR'S employees to be engaged in work on this contract as speci-
fied by and in accordance with F.S.S. 440.
The City of Aventura shall be named as additional insured on policies listed as 1-2 of the
CONTRACTOR'S above required policies of insurance except for the Workers' Compen-
sation insurance. The form and types of coverage and sufficiency of insurer shall be sub-
ject to approval of the City Manager.
Copies of all policies or certificates of such insurance shall be delivered to the CITY, and
said documentation shall provide for the CITY to be notified a minimum of thirty (30) days
prior to any cancellation, termination, reduction or non-renewal of any required insurance
policy.
The CONTRACTOR shall also, upon request by the CITY, provide copies of all official
receipts and endorsements as verification of CONTRACTOR'S timely payment of each
insurance policy premium as required by this Agreement.
ARTICLE 6
PROTECTION OF PROPERTY
6.1 At all times during the performance of this Contract, the CONTRACTOR shall protect
the CITY's property and all properties served from all damage whatsoever on account of the
work being carried on pursuant to this Agreement.
ARTICLE 7
CONTRACTOR'S INDEMNIFICATION
7.1 The CONTRACTOR shall indemnify and hold harmless and defend the CITY and
its officers, agents, employees and instrumentalities from any and all liability, claims, lia-
bilities, losses, and causes of action, including attorneys' fees and costs of defense which
the CITY or its officers, employees, agents and instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind of nature arising out
of, or relating to or resulting from any willful misconduct, reckless act, or negligent act or
omission by the CONTRACTOR and/or its officers, employees, agents or independent
contractors in the provision of services hereunder. The CONTRACTOR shall be required
to pay all claims and losses in connections therewith, and shall investigate and defend all
claims, suits or actions of any kind or nature in the name of the CITY, where applicable,
including appellate proceedings, and shall pay all costs, judgments and attorneys' fees
which may issue thereon. For any matters in which CONTRACTOR is obligated to pay
for the CITY's legal defense hereunder, CONTRACTOR shall be permitted to retain coun-
sel of its choosing for both CONTRACTOR and the CITY, provided that such legal coun-
sel is reasonably acceptable to the CITY, which consent shall not be unreasonably with-
held. The CONTRACTOR expressly understands and agrees that any insurance protec-
tion required by this Agreement or otherwise provided by the CONTRACTOR shall in no
way limit the responsibility of CONTRACTOR to indemnify, keep and save harmless and
defend the CITY and its officers, employees, agents or instrumentalities as herein pro-
Page 5 of 18
vided. Furthermore, the parties understand and agree that the covenants and represen-
tations relating to this indemnification provision shall survive the term of this Agreement
and continue in full force and effect as to the party's responsibility to indemnify.
ARTICLE 8
INDEPENDENT CONTRACTOR
8.1 This Agreement does not create an employee/employer relationship between the
parties. It is the intent of the parties that the CONTRACTOR is an independent contractor
under this Agreement and not the CITY's employee for all purposes, including but not limited
to, the application of the Fair Labor Standards Act minimum wage and overtime payments,
Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax
Act, the provisions of the Internal Revenue Code, the State Workers Compensation Act, and
the State unemployment insurance law. The CONTRACTOR shall retain sole and absolute
discretion in the judgment of the manner and means of carrying out the CONTRACTOR's
activities and responsibilities hereunder provided. This Agreement shall not be construed as
creating any joint employment relationship between the CONTRACTOR and the CITY and
the CITY will not be liable for any obligation incurred by CONTRACTOR, including but not
limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 9
RESERVED
ARTICLE 10
RESERVED
ARTICLE 11
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
11.1 The CITY or CONTRACTOR may request changes that would increase, decrease
or otherwise modify the Scope of Services/Basic Services to be provided under this
Agreement as described in ARTICLE 2 of this Agreement. Such changes or additional
services must be in accordance with the provisions of the Code of Ordinances of the CITY
and must be contained in a written amendment, mutually executed by the parties hereto,
with the same formality and with equality and dignity prior to any deviation from the terms of
this Agreement, including the initiation of any additional or extra work. It is recognized that if
the CITY decides to add additional vehicle(s), which would operate during the same service
days and times under the initial scope to those initially provided, that the monthly cost shall
be increased proportionally as computed by the CITY'S Finance Director, and mutually
agreed upon by both parties. Each amendment shall at a minimum include the following
information on each project:
Page 6 of 18
PROJECT NAME
PROJECT DESCRIPTION
ESTIMATED PROJECT COST
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
11.2 In no event will the CONTRACTOR be compensated for any additional work which
has not been described in a separate written agreement executed by the parties hereto.
ARTICLE 12
TERM AND TERMINATION
12.1 The initial Agreement shall be for a trial period of Twelve (12) months in a limited
area of the CITY, and shall take effect as set forth in the Rate and Services Addendum,
set forth in EXHIBIT "A" hereto. If the service is successful, the CITY may wish to expand
these services to other parts of the CITY, and subject to approval by the City Manager
and CONTRACTOR, the CITY and CONTRACTOR may by mutual agreement, agree to
extend the Agreement for two (2) additional (1) one-year periods, at the same or
substantially similar terms, conditions and specifications.
In the event services are scheduled to end either by contract expiration or by termination
by the CITY (at the CITY'S discretion), it shall be incumbent upon the CONTRACTOR to
continue the service, if requested by the CITY, until new services can be completely op-
erational, provided that the CITY compensates CONTRACTOR for such continued ser-
vice at the same monthly rate as provided hereunder.At no time shall this transition period
extend more than ninety (90) days beyond the expiration date of the existing Agreement.
12.2 Either the CITY or CONTRACTOR may terminate this Agreement any time and for
any reason upon giving thirty (30) days' notice to the other party.
1. If this Agreement should be terminated for convenience as provided herein, the
CITY will be relieved of all obligations under this Agreement. The CITY will only be
required to pay that amount of the contract actually performed to the date of termi-
nation. Upon such payment, both parties shall be relieved of any further obligations
under this Agreement.
2. This Agreement may also be terminated by the City Manager, or designee upon
such notice as the City Manager, or designee deems appropriate under the cir-
cumstances in the event the City Manager or designee determines that termination
is necessary to protect the public health, safety or welfare.
12.3 In case of default by the CONTRACTOR, the CITY may cancel the Agreement,
procure the services from other sources and hold the CONTRACTOR responsible for any
excess costs occasioned or incurred thereby.
Page 7 of 18
ARTICLE 13
CONTRACT DOCUMENTS
13.1 CONTRACTOR and CITY hereby agree that the following Specification and
Contract Documents, which are attached hereto and made a part thereof, are fully
incorporated herein and made a part of this Agreement, as if written herein word for word:
this Agreement; CONTRACTOR's Rates and Services Addendum for transportation
services to residents and visitors within the CITY as set forth in and made a part of this
Agreement as EXHIBIT "A"; and all other exhibits thereto.
ARTICLE 14
MISCELLANEOUS
14.1 Legal Representation. It is acknowledged that each party to this Agreement had the
opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing
same shall not apply due to the joint contribution of both parties.
14.2 Assignments. This Agreement, or any interest herein, shall not be assigned,
transferred or otherwise encumbered, under any circumstances, by CONTRACTOR without
the prior written consent of CITY, which shall not be unreasonably withheld. For purposes
of this Agreement, any change of majority ownership of CONTRACTOR shall constitute an
assignment which requires CITY approval. In the event that the majority ownership or control
of the CONTRACTOR changes hands, CONTRACTOR shall promptly notify CITY in writing
pursuant to the Notice Section herein of such change in ownership or control at least 30
days prior to such change, and CITY shall have the right to terminate this Agreement upon
30 days written notice, at CITY'S sole discretion. However, this Agreement shall run to the
CITY and its successors and assigns.
14.3 Records. CONTRACTOR shall keep books and records and require any and all
subcontractors to keep books and records as may be necessary in order to record complete
and correct entries as to personnel hours charged to this engagement, and any expenses
for which CONTRACTOR expects to be reimbursed, if applicable. Such books and records
will be available at all reasonable times for examination and audit by CITY upon reasonable
notice to CONTRACTOR, and shall be kept for a period of three (3) years after the
completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect
entries in such books and records will be grounds for disallowance by CITY of any fees or
expenses based upon such entries.
PUBLIC RECORDS
1. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's pos-
session or control in connection with CONTRACTOR's performance under this Agree-
ment. CONTRACTOR additionally agrees to comply specifically with the provisions of
Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records that
are exempt or confidential and exempt from public records disclosure requirements are
not disclosed, except as authorized by law, for the duration of the Agreement, and follow-
ing completion of the Agreement until the records are transferred to the CITY.
Page 8 of 18
2. Upon request from the CITY custodian of public records, CONTRACTOR shall provide
the CITY with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by Chap-
ter 119, Florida Statutes, or as otherwise provided by law.
3. Unless otherwise provided by law, any and all records, including but not limited to
reports, surveys, and other data and documents provided or created exclusively in con-
nection with this Agreement are and shall remain the property of the CITY.
4. Upon completion of this Agreement or in the event of termination by either party, any
and all public records relating to the Agreement in the possession of the CONTRACTOR
shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY,
within seven (7) days. All such records stored electronically by CONTRACTOR shall be
delivered to the CITY in a format that is compatible with the CITY'S information technol-
ogy systems. Once the public records have been delivered upon completion or termina-
tion of this Agreement, the CONTRACTOR shall destroy any and all duplicate public rec-
ords that are exempt or confidential and exempt from public records disclosure require-
ments.
5. Any compensation due to CONTRACTOR shall be withheld until all records are re-
ceived as provided herein.
6. CONTRACTOR's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the CITY.
Section 119.0701(2)(a), Florida Statutes
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS.
Custodian of Records: City Clerk's Office
Mailing address: 19200 W. Country Club Drive
Aventura, FL 33180
Telephone number: (305) 466-8901
Email: ho athe citofaventur ®co
14.4 Ownership of Documents. Reports, surveys, plans, studies and other data provided
in connection with this Agreement are and shall remain the property of CITY, except to the
extent that such items constitute CONTRACTOR's trade secrets or proprietary information,
which are and shall remain the exclusive property of CONTRACTOR.
14.5 No Contingent Fees. CONTRACTOR warrants that it has not employed or retained
any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to
pay any person, company, corporation, individual or firm, other than a bona fide employee
working solely for CONTRACTOR, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement. For
Page 9 of 18
the breach or violation of this provision, the CITY shall have the right to terminate the
Agreement without liability at its discretion, to deduct from the contract price, or otherwise
recover the full amount of such fee, commission, percentage, gift or consideration.
14.6 Notice. Whenever any party desires to give notice unto any other party, it must be
given by written notice, sent by registered United States mail, with return receipt requested,
addressed to the party for whom it is intended and the remaining party, at the places last
specified, and the places for giving of notice shall remain such until they shall have been
changed by written notice in compliance with the provisions of this section. For the present,
the CONTRACTOR and the CITY designate the following as the respective places for giving
of notice:
City: Mr. Ronald J. Wasson
City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, FL 33180
Copy To: Mr. David M. Wolpin
City Attorney
Weiss Serota Helfman Cole & Bierman, P.L.
200 East Broward Blvd., Suite 1900
Ft. Lauderdale, FL 33301
Contractor: Mr. Jason Spiegel
Managing Partner
Beefree, LLC d/b/a Freebee
2312 N. Miami Avenue
Miami, FL 33127
14.7 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that they have full legal power to execute this Agreement on behalf of
the party for whom they are signing, and to bind and obligate such party with respect to all
provisions contained in this Agreement.
14.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this
Agreement. The exhibits if not physically attached should be treated as part of this
Agreement and are incorporated herein by reference.
14.9 Headings. Headings herein are for convenience of reference only and shall not be
considered on any interpretation of this Agreement.
14.10 Severability. If any provision of this Agreement or application thereof to any person
or situation shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those
as to which it shall have been held invalid or unenforceable shall not be affected thereby,
and shall continue in full force and effect, and be enforced to the fullest extent permitted by
law.
Page 10 of 18
14.11 Governing Law. This Agreement shall be governed by the laws of the State of Florida
with venue lying in Miami-Dade County, Florida. The parties hereby voluntarily waive any
right to trial by jury in any litigation between the parties which, in any way, arises out of or
concerns this Agreement or the course of dealing between the parties.
14.12 Venue. Any litigation arising out of this Agreement shall be litigated in the Eleventh
Judicial Circuit Court in and for Miami-Dade County.
14.13 Attorney's Fees. In the event of a dispute or litigation brought to enforce the terms
this Agreement, each party shall be solely responsible for its own attorneys' fees and
costs.
14.14 Extent of Agreement. This Agreement together with Contract Documents, attached
as an Exhibit hereto, as amended herein above represents the entire and integrated
agreement between the CITY and the CONTRACTOR and supersedes all prior
negotiations, representations or agreements, either written or oral.
14.15 Waiver. Failure of the CITY or CONTRACTOR to insist upon strict performance of
any provision or condition of this Agreement, or to execute any right therein contained, shall
not be construed as a waiver or relinquishment for the future of any such provision,
condition, or right but the same shall remain in full force and effect.
14.16 Scrutinized Companies.
A. CONTRACTOR certifies that it and its subcontractors are not on the Scrutinized
Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the CITY
may immediately terminate this Agreement at its sole option if the
CONTRACTOR or its subcontractors are found to have submitted a false
certification; or if the CONTRACTOR, or its subcontractors are placed on the
Scrutinized Companies that Boycott Israel List or is engaged in the boycott of
Israel during the term of the Agreement.
B. If this Agreement is for more than one million dollars ($1,000,000.00), the
CONTRACTOR certifies that it and its subcontractors are also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Section 287.135, F.S., the CITY may immediately terminate this Agreement at its
sole option if the CONTRACTOR , its affiliates, or its subcontractors are found to
have submitted a false certification; or if the CONTRACTOR, its affiliates, or its
subcontractors are placed on the Scrutinized Companies with Activities in Sudan
List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria during the term of the
Agreement.
C. The CONTRACTOR agrees to observe the above requirements for applicable
subcontracts entered into for the performance of work under this Agreement.
D. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the
Page 11 of 18
above-stated contracting prohibitions then they shall become inoperative.
14.17 Discriminatory Practices. The CONTRACTOR shall not deny service, deny access,
or deny employment to any person on the basis of race, color, creed, sex, sexual orien-
tation, religion or national origin. The CONTRACTOR will strictly adhere to the equal em-
ployment opportunity requirements and any applicable requirements established by the
State of Florida, or the Federal Government.
Anti-BDS Clause: By responding to the, RFP, CONTRACTOR certifies and agrees that it
is not currently engaged in, nor will it engage in during the term of this Agreement, the
boycott of a person or business based in or doing business with a member of the World
Trade Organization or any country with which the United States has free trade.
ARTICLE 15
DISPUTES
15.1 If any dispute concerning a question of fact arises under this Agreement, other than
termination for default or convenience, the CONTRACTOR and the CITY's Administration
shall make a good faith effort to resolve the dispute.
ARTICLE 16
RESERVED
Page 12 of 18
IN WITNESS WHEREOF, the parties have executed this Agreement on the re-
spective dates under each signature: The CITY, signing by and through its City Manager,
attested to by its City Clerk, duly authorized to execute same, and by CONTRACTOR, by
and through its , duly authorized officer to execute same.
CITY
CITY OF AVENTURA, FLORIDA
By:
Ronald J. Wasson, City Manager
AUTHENTICATION:
Ellisa L. Horvath, MMC
City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGALITY
FOR THE USE AND BENEFIT OF CITY OF AVENTURA, FLORIDA, ONLY
David M. Wolpin, City Attorney
Page 13 of 18
CONTRACTOR
BEEFREE, LLC d/b/a FREEBEE
WITNESSES:
By:
Jason Spiegel on behalf of BEEFREE, LLC d/b/a FREEBEE
ATTEST:
SECRETARY
STATE OF FLORIDA)
) SS
COUNTY OF MIAMI-DADE)
Sworn to (or affirmed) and subscribed before me by means of physical presence
or online notarization, this day of , 20 , by
(Name of person making statement)
Personally known to me or has produced Identification type of identifica-
tion produced
(NOTARY SEAL HERE) SIGNATURE OF NOTARY PUBLIC
PRINT, TYPE/STAMP NAME OF NOTARY
Page 14 of 18
EXHIBIT "A"
BEEFREE, LLC d/b/a FREEBEE
"RATES AND SERVICES ADDENDUM"
(Rates and Services Addendum for"Freebee" Transportation Services)
This Rates and Services Addendum ("Addendum") supplements the Agreement be-
tween BEEFREE, LLC d/b/a FREEBEE ("FREEBEE") and CITY OF AVENTURA ("CITY"),
made and entered into on 2021 (the "Agreement"). This Addendum is subor-
dinate to, and fully incorporates the terms and conditions of the Agreement, unless expressly
stated otherwise herein. In consideration of the promises and covenants contained herein,
and for good and valuable consideration, FREEBEE and CITY (collectively, the "Parties"),
intending to be legally bound, hereby agree as follows-
1. Term. The term of the Services set forth under this Addendum shall commence upon
delivery and deployment of the vehicles within the CITY as set forth in Section 2 below
but no later than on a date mutually agreed upon, and shall remain in full force and
effect for twelve (12) months from the commencement date (the "Term"), unless ter-
minated sooner pursuant to the terms of the Agreement.
2. Services. This Addendum is limited in scope to the following services (the "Services"),
which FREEBEE agrees to provide to CITY at the rates specified herein (the "Rates")-
a) FREEBEE will provide two (2) "Freebee" vehicles dedicated to CITY (the "Ve-
hicles") for the duration of the Term. Both Vehicles dedicated to CITY will be
wheelchair accessible, and FREEBEE will otherwise use its best efforts to be
and remain in compliance with all Americans with Disabilities Act ("ADA") re-
quirements. FREEBEE shall be responsible for providing appropriate training
to its drivers who will be operating the wheelchair accessible Vehicle, including
but not limited to, training as to the operation of the ramping system and secur-
ing of wheelchairs.
b) FREEBEE will operate the Vehicles within the CITY's designated service area
at all times during CITY's operating hours (weather and conditions permitting)
as reflected in Section 5 herein, with the exception being when a driver takes
their thirty (30) minute meal break. At such times during a driver break, one (1)
vehicle will be in operation and FREEBEE will try to limit this to downtime in
service. FREEBEE agrees that,to the extent feasible, at all times during CITY's
operating hours, both wheelchair-accessible vehicles will be available to ac-
commodate passengers, upon request, and FREEBEE will operate the ramp-
ing system and secure any wheelchairs to the vehicle should such accommo-
dations be requested.
c) Prior to the beginning of the Term, FREEBEE will deliver to CITY at least one
(1)fast charger for charging the Vehicles. The fast charger will remain property
of FREEBEE but will remain in the CITY for purposes of charging the Vehicle
throughout the Term. At the conclusion of the Term, FREEBEE shall be entitled
to retake possession of the fast charger. FREEBEE shall be solely responsible
for all electricity fees, costs and expenses.
d) Prior to the beginning of the Term, FREEBEE will add CITY as an additional
insured on FREEBEE's automobile insurance policy of at least one million
dollars ($1,000,000.00), and on FREEBEE's general liability policy of at
least three million dollars ($3,000,000.00). CITY will remain as an additional
Page 15 of 18
insured on said policies throughout the Term. FREEBEE must also other-
wise comply with the insurance requirements as set forth in the Agreement.
e) FREEBEE will assist CITY in developing a marketing plan to encourage rid-
ership on the Vehicles during the Term.
f) Beginning with the second month of the Term and continuing for each month
of the Term thereafter, FREEBEE will provide CITY with a monthly report show-
ing data and analytics related to ridership in the Vehicles for the preceding
month(s). FREEBEE will provide these reports within ten (10) business days of
the last day of each month, unless another time frame is agreed to between
the Parties.
g) FREEBEE agrees that any questions, complaints, or concerns reported to
FREEBEE (through its drivers or otherwise) regarding ADA issues will be re-
ported to the CITY within one (1) business day.
h) FREEBEE shall utilize its best efforts to assist CITY with the related Miami-
Dade County Interlocal Agreement and with all related County requirements.
3. Rates. As consideration for the Services listed above, CITY shall pay FREEBEE at
the following Rates:
a) The total payment for the Services to be provided under this Addendum shall
not exceed Three Hundred Twenty Two Thousand Nine Hundred Fifty-
Three Dollars and 80 cents ($322,953.80).with the ability to subsidize total
payment with advertising revenue, as stipulated under Section 5(d) herein.
b) The breakdown for the Services charge is as follows:
i. Two (2) XL Vehicles
ii. Service: Monday through Sunday 7.00 am — 11.00 pm.
iii. Ninety-Eight (98) Hours of labor per vehicle weekly (weather and con-
ditions permitting)
iv. Cost: $322,953.80 Annually
4. Payment Terms. CITY agrees to pay the Rates in monthly installments, as follows:
a) Twelve (12) payments of approximately $26,912.82 per month, payable on or
before the 15t" of each month, beginning upon delivery and deployment of the
vehicles as set forth in Section 2 above.
5. Additional Terms.
a) CITY's operating hours, as contemplated in Section 2.b. above, shall be as
follows: Monday through Sunday 7.00 am — 11.00 pm. These hours may be
modified by mutual written agreement of the Parties as ridership data becomes
available throughout the Term.
b) CITY shall be responsible for installation and maintenance of the fast
charger(s) and any costs associated therewith at all times after acceptance of
the delivery described in Section 2.c. above.
c) FREEBEE will operate the Vehicles in CITY'S designated service area map as
delineated in EXHIBIT "B" (Subject to Revision as Necessary).
d) Should local law allow for FREEBEE to sell advertising space on the Vehicles
at any time during the Term, and provided FREEBEE is able to sell such ad-
vertising space, FREEBEE may enter into separate agreements with advertis-
ers for the placement of advertising on the Vehicles. All advertising shall be
subject to CITY's approval prior to placement on the Vehicles. Any advertising
revenue generated from the sale of advertising on the Vehicles during the Term
shall be divided equally between FREEBEE and CITY, with each entitled to
Page 16 of 18
50% of advertising revenue that is generated and actually received. CITY shall
be permitted to apply its share of such revenue, if any, towards subsidizing the
Rates it has agreed to pay hereunder. Nothing in this section should be
deemed to constitute a guarantee that FREEBEE will sell such advertising
space or generate any revenue by selling advertising on the Vehicles during
the Term, and CITY expressly acknowledges that no such guarantee has been
made by FREEBEE.
Page 17 of 18
EXHIBIT "B"
DESIGNATED SERVICE AREA MAP
(Subject to Revision as Necessary)
ot
Mzudn s. x _ �w�•e
N OO-,a ��
9
St s�NF M'am�CaNeni�z _ tnn �' a �efua
3 l � �IE�S•�` � ��ss �`
5
�.ee.6s ,esizi
riea,vsi bse.. n "FN..wa wtl®Nn� uic� 4 r
Page 18 of 18
CITY OF "ENTURA
DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager `—'= -
BY: Antonio F. Tomei, Capital Projects Manager Y J
THRU: Joseph S. Kroll, Public Works & Transportation Director
Or-
DATE- January 29, 2021
SUBJECT: Don Soffer Aventura High School
February 2, 2021 City Commission Meeting Agenda Item 5E
Recommendation
It is recommended that the City Commission adopt the attached Resolution allowing
dedication of a twelve (12) foot wide Easement to Miami Dade Water and Sewer
Department as required for Don Soffer Aventura High School.
Background
Miami Dade Water and Sewer Department requires an Easement to operate and maintain
domestic water services for the Don Soffer Aventura High School project as outlined on
the enclosed sketch and legal description.
If you have any questions or need any additional information, please feel free to contact
me.
RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TWELVE (12) FOOT WIDE
EASEMENT TO MIAMI-DADE WATER AND SEWER DEPARTMENT ON
THE DON SOFFER AVENTURA HIGH SCHOOL SITE; PROVIDING FOR
RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami-Dade Water and Sewer Department provides domestic water
services to the Don Soffer Aventura High School located at 3151 NE 213t" Street; and
WHEREAS, Miami-Dade Water and Sewer Department requires a recorded
easement to operate and maintain said water services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Easement dedication, as reflected on the attached Miami-Dade
Water and Sewer Department Grant of Easement form, inclusive of the Sketch and Legal
Descriptions, is hereby accepted and the City Manager is hereby authorized to cause
such Easement to be recorded in the Official Records of Miami-Dade County, Florida,
subject to confirmation by the City Attorney as to the legal form and sufficiency of the
dedication and instrument of conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes 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 Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Vice Mayor Robert Shelley
Mayor Enid Weisman
City of Aventura Resolution No. 2021-
PASSED AND ADOPTED this 2nd day of February, 2021.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 2 of 2
Tax Folio Number: 28-1234-019-0020
Agmt ID: 23877 GRANT OF EASEMENT
THIS INDENTURE, made this 2 day of
February 2021 , between
City of Aventura ,whose mailing address
is: 1 WOO W Crnintry Cluh I)r, AvPntura, FI 33180 , hereinafter
called GRANTOR, and MIAMI-DADE COUNTY, a political subdivision of
the State of Florida, whose mailing address is: c/o Miami-Dade Water
and Sewer Department, P.O. Box 330316, Miami, Florida 33233-0316,
hereinafter called GRANTEE:
WITNESSETH
THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the
receipt of which is hereby acknowledged by the GRANTOR, has granted and does hereby grant, to the GRANTEE, its successors and
assigns, forever,the right, privilege and easement to construct, reconstruct, lay, install, operate, maintain, relocate, repair, replace, improve,
remove and inspect water transmission and distribution facilities and all appurtenances thereto, including but not limited to fire hydrants,
and/or sewage transmission and collection facilities and all appurtenant equipment, which right, privilege and easement shall include the
right to remove or demolish,with no obligation to repair or replace same, any obstructions placed on the easement, including pavers, or that
may extend up to twenty-five (25) feet vertically above the finished grade over the easement, as may be necessary to carry out any right
granted herein. This right, privilege and easement also provides GRANTEE with full and unlimited right of ingress thereto and egress there
from on the property of the GRANTOR described as follows,to wit:
See Exhibit"A"attached hereto and made a part hereof
THE GRANTOR does hereby fully warrant that it has good title to the above-described property and that it has full power and
authority to grant this easement.
IN WITNESS WHEREOF,the GRANTOR by its proper officials has hereunto set its hands and seals the year and day first above written.
WITNESSETH:
By: City Manager
Signature
Antonio F.Tomei
Print name
Signature
Ronald J.Wasson
Signature Print Name
Ana Theallet
Print name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of 20_ by
, as managing member of on behalf of the company.
He/She/They is/are personally known to me or have/haven't has/hasn't produced as identification and did/did
not take an oath.
NOTARY PUBLIC,SIGNATURE
PRINT NAME MY COMMISSION EXPIRES
This instrument prepared by
Utility Development Division
Miami-Dade Water and Sewer Department
3575 S.LeJeune Road
Miami, Florida 33146
ABBREVIATIONS
LB FLORIDA LICENSED BUSINESS NUMBER
M.D.C.R. MIAMI-DADE COUNTY RECORDS
u-
O.R.B. OFFICIAL RECORDS BOOK
PG. PAGE
P.B. PLAT BOOK
P.O.B. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
i
1
LOCATION MAP:
SURVEY NOTES: NOT TO SCALE
1. THE LEGAL DESCRIPTION SHOWN HEREON WAS PREPARED BY THE
SURVEYOR.
2. NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OR AN ENCRYPTED
DIGITAL SIGNATURE OF A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER.
3. IT IS A VIOLATION OF THE STANDARDS OF PRACTICE RULE 5J-17 OF THE
FLORIDA ADMINISTRATIVE CODE,TO ALTER THIS SKETCH AND DESCRIPTION
WITHOUT THE EXPRESSED PRIOR WRITTEN CONSENT OF THE SURVEYOR.
ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH AND
DESCRIPTION WILL MAKE THIS DOCUMENT INVALID.
4. THIS SKETCH AND DESCRIPTION DOES NOT CONSTITUTE A BOUNDARY
SURVEY.
5. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING AND ARE
REFERENCED TO THE NORTH LINE OF TRACT A, DONN ACRES,ACCORDING TO
THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 76, PAGE 30,OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID NORTH LINE
HAVING AN ASSUMED BEARING OF SOUTH 88°03'52"WEST.
CERTIFICATION:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH&DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF
MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON OCTOBER 26,2020 MEETS THE STANDARDS
OF PRACTICE RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO
THE QUALIFICATIONS NOTED HEREON.
KEITH&ASSOCIATES, INC. �N'""""" Digitally signed
CONSULTING ENGINEERS � E %,�
*. No 4 *; by DONALD A
* = SPICER
DONALD A. SPICER Date:
N°, STATE
PROFESSIONAL SURVEYOR AND MAPPER i�Fa°<oR 2020.12.03
REGISTRATION No.4677 15:24:14-05'00'
STATE OF FLORIDA
SKETCH & DESCRIPTION KEI TH DATE 10/27/20 DATE REVISIONS
AVENTURA CHARTER HIGH SCHOOL 1 SCALE N/A
301 EAST ATLANTIC BOULEVARD N/A
A PORTION OF TRACT A, DONN ACRES POMPANO BEACH,FLORIDA 33060-6643 FIELD BK.
(954)788-3400
P.B. 76, PG. 30, M.D.C.R. EMAIL:mail@KEITHteam.com LB NO.6860 DWNG. BY AC
SHEET 1 OF 4
CITY OFAVENTURA,MIAMI-DADE COUNTY,FLORIDA DRAWING NO. 11284.00EASEMENT SD.DWG CHK. BY DS
LEGAL DESCRIPTION: (PROPOSED WATER EASEMENT)
A STRIP OF LAND BEING A PORTION OF TRACT A, DONN ACRES,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 76,
PAGE 30,OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SAID TRACT A;THENCE SOUTH 88°03'52"WEST ON THE NORTH LINE OF SAID TRACT A,
FOR A DISTANCE OF 234.76 FEET;THENCE DEPARTING SAID NORTH LINE, SOUTH 01°52'34"EAST,A DISTANCE OF 144.98 FEET TO THE
POINT OF BEGINNING;THENCE NORTH 43°01'54"EAST,A DISTANCE OF 8.32 FEET;THENCE NORTH 88°41'20"EAST,A DISTANCE OF
112.04 FEET;THENCE SOUTH 01°52'32"EAST,A DISTANCE OF 248.87 FEET;THENCE SOUTH 43°06'55"WEST,A DISTANCE OF 4.95 FEET;
THENCE SOUTH 01°45'46"EAST,A DISTANCE OF 45.09 FEET;THENCE SOUTH 46°58'30"EAST,A DISTANCE OF 4.92 FEET;THENCE SOUTH
01°51'48"EAST,A DISTANCE OF 61.43 FEET;THENCE SOUTH 88°33'37"WEST,A DISTANCE OF 95.62 FEET;THENCE SOUTH 45°33'10"
WEST,A DISTANCE OF 10.44 FEET TO A POINT ON A NORTH LINE OF A WATER AND SEWER EASEMENT GRANTED TO MIAMI-DADE
COUNTY,AS RECORDED IN OFFICIAL RECORDS BOOK 26665, PAGES 1682-1686 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA;THENCE SOUTH 88°07'26"WEST ON SAID NORTH LINE,A DISTANCE OF 14.48 FEET TO A POINT ON AN EAST LINE OF SAID
WATER AND SEWER EASEMENT;THENCE NORTH 01°52'34"WEST ON SAID EAST LINE,A DISTANCE OF 8.40 FEET;THENCE DEPARTING
SAID EAST LINE, NORTH 89°44'28"EAST,A DISTANCE OF 5.72 FEET;THENCE NORTH 45°33'10"EAST,A DISTANCE OF 16.05 FEET;THENCE
NORTH 88°33'37"EAST,A DISTANCE OF 88.26 FEET;THENCE NORTH 01°51'48"WEST,A DISTANCE OF 44.36 FEET;THENCE NORTH
46°58'30"WEST,A DISTANCE OF 4.93 FEET;THENCE NORTH 01°45'46"WEST,A DISTANCE OF 55.04 FEET;THENCE NORTH 43°06'55"EAST,
A DISTANCE OF 4.94 FEET;THENCE NORTH 01°52'32"WEST,A DISTANCE OF 12.51 FEET;THENCE SOUTH 88°27'07"WEST,A DISTANCE OF
7.05 FEET;THENCE NORTH 01°32'53"WEST,A DISTANCE OF 12.00 FEET;THENCE NORTH 88°27'07"EAST,A DISTANCE OF 6.98 FEET;
THENCE NORTH 01°52'32"WEST,A DISTANCE OF 207.51 FEET;THENCE SOUTH 88°41'20"WEST,A DISTANCE OF 95.11 FEET;THENCE
SOUTH 43°01'54"WEST,A DISTANCE OF 12.52 FEET;THENCE SOUTH 88°03'31"WEST,A DISTANCE OF 1.97 FEET TO A POINT ON AN EAST
LINE OF SAID WATER AND SEWER EASEMENT AS RECORDED IN SAID OFFICIAL RECORDS BOOK 26665, PAGES 1682-1686;THENCE
NORTH 01°52'34"WEST ON SAID EAST LINE,A DISTANCE OF 15.02 FEET TO THE POINT OF BEGINNING.
SAID STRIP OF LAND LYING IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDAAND CONTAINING 7052 SQUARE FEET(OR 0.16
ACRES), MORE OF LESS.
BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING AND ARE REFERENCED TO THE NORTH LINE OF TRACT A, DONN
ACRES,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 76, PAGE 30, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA. SAID NORTH LINE HAVING AN ASSUMED BEARING OF SOUTH 88°03'52"WEST.
SKETCH & DESCRIPTION KEI TH DATE 10/27/2o DATE REVISIONS
AVENTURA CHARTER HIGH SCHOOL 1 SCALE N/A
301 EAST ATLANTIC BOULEVARD N/A
A PORTION OF TRACT A, DONN ACRES POMPANO BEACH,FLORIDA 33060-6643 FIELD BK.
(954)788-3400
P.B. 76, PG. 30, M.D.C.R. EMAIL:mail@KEITHteam.com LB NO.6860 DWNG. BY AC
SHEET 2 OF 4
CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA DRAWING NO. 11284.00 EASEMENT SD.DWG CHK. BY DS
S88003'52"W 234.76' P.O.C.
NE CORNER TRACT A
NORTH LINE P.B.76, PG.30, M.D.C.R.
TRACT A
P.B.76, PG.30
I
50 EAST LINE
rn TRACT A W
P.B.76, PG.30 co
w TRACT A Q Q
N DONN ACRES 0
in
o
P.B. 76, PG. 30, M.D.C.R. ~
0
PROPOSED 12'WATER EASEMENT
N43°01'54"E 8.32' (7052 SQUARE FEET)
P.O.B. N88041'20"E 112_04'
N01°52'34"W °41 88 '20"W 95.11'
15.02'
S43°01'54"W 12.52'
S88°03'31"W 1.97'
OR
co
I I I I-
ti
�I IN
� ^ cI W
Z � I IM
2 U L0
W �I I°n
QcG I co O
I co
W N I L0
°
L � I z
cn
°6
co
20 40
W N
m I I I I 40 SCALE: 1"=40'
� IO
I I I MAT II CH IIIIII L II I II N III E "A"11111
SEE SHEET 4 OF 4
SKETCH & DESCRIPTION KEITH DATE 10/27/20 DATE REVISIONS
AVENTURA CHARTER HIGH SCHOOL 1 SCALE 1"=40'
301 EAST ATLANTIC BOULEVARD N/A
A PORTION OF TRACT A, DONN ACRES POMPANO BEACH,FLORIDA 33060-6643 FIELD BK.
(954)788-3400
P.B. 76, PG. 30, M.D.C.R. EMAIL:mail@KEITHteam.com LB NO.6860 DWNG. BY AC
SHEET 3 OF 4
CITY OF AVENTURA,MIAMI-DADE COUNTY,FLORIDA DRAWING NO. 11284.00 EASEMENT SD.DWG CHK. BY DS
MATCH LINE "A"
SEE SH ET 3 OF 4 7
N01°52'32"W 207.51'--A 100
CV
N88°27'07"E
I-
UI I 6.9 8' LCNVu
N01°32'53"W 12.00'
o
w S88°27'07"W 7. C)
2 N01°52'32"W 12.51
w N43°06'55"E 4.94'
cn
Ui S43°06'55"W 4.95'
Lu
`.0 T Lo
RACT A
w (� I DONN ACRESI �S01°45'46"E 45.09'
`" L I P.B. 76, PG. 30, M.D.C.R.
� I Ln
o
w N I o S46°58'30"E 4.92'
CD
CC!
z
co
N46°58'30"W 4.93' �
O
N01°51'48"W 44.36' w
00
I� z o
Lu
N45°33'10"E 16.05'I �' 22
N88°33'3T_E 88.26' -1
N89°44'28"E 5.72' I �— Q 00
_ UJ
_ S88°33'37"W 95.62' w
N01°52'34"W 8.40' u
S45°33'10"W 10.44' UiLo
� (fl
S88°07'26" 441W 8' w co
PROPOSED I O
12'WATER EASEMENT
(7052 SQUARE FEET)
� u
20 40
40 0
SCALE: 1"=40'
SKETCH & DESCRIPTION KEI TH DATE 10/27/20 DATE REVISIONS
AVENTURA CHARTER HIGH SCHOOL 1 SCALE 1"=40'
301 EAST ATLANTIC BOULEVARD N/A
A PORTION OF TRACT A, DONN ACRES POMPANO BEACH,FLORIDA 33060-6643 FIELD BK.
(954)788-3400
P.B. 76, PG. 30, M.D.C.R.
EMAIL:mail@KEITHteam.com LB NO.6860 DWNG. BY AC
SHEET 4 OF 4
CITY OFAVENTURA,MIAMI-DADECOUNTY,FLORIDA DRAWING NO. 11284.00EASEMENT SD.DWG CHK. BY DS
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager (9L
DATE: January 29, 2021
SUBJECT: Resolution Calling for a Special Election for Consideration of
Amendments to the City Charter
February 2, 2021 City Commission Meeting Agenda Item 5F
RECOMMENDATION
As per directions from the January 21st Workshop meeting, this Resolution has been
provided calling for a Special Election for consideration of three amendments to the City's
Charter, as outlined in the Charter Revision Commission Final Report and
Recommendations on Charter Amendments.
BACKGROUND
In accordance with the City Charter, five members were appointed to serve on the Charter
Revision Commission at the November 10, 2020 Commission Meeting. Members of the
Charter Revision Commission met three times to review the City's Charter and provided
opportunity for members of the public to provide comments. The Charter Revision
Commission identified three proposed amendments to the City's Charter, as indicated in
their Final Report.
The Miami-Dade County Elections Department has tentatively approved the date of April
27, 2021 for the Special Election and has also provided an estimate of $64,463.22 to
provide the Special Election via mail ballot.
If you have any questions, please feel free to contact me.
Attachment
CCO1949-21
AVENTURA CHARTER REVISION COMMISSION
FINAL REPORT AND RECOMMENDATIONS ON CHARTER AMENDMENTS
DECEMBER 9, 2020
1. RECOMMENDATION: In accordance with City Charter Section 7.06, the Charter
Revision Commission (the "CRC") has examined the City Charter, received City
Commission and public input thereon, and has determined that the three (3) charter
amendments which are set forth below shall be presented to the electors of the City for
approval or rejection. The City Attorney is to draft the proposed Charter Amendment
Resolution for consideration by the City Commission at a City Commission meeting in
January 2021.
2. RECOMMENDED CHARTER AMENDMENTS:
The proposed Charter amendments are set forth below, with proposed additions to the
existing Charter being indicated by underlined text, and proposed deletions from the
existing Charter being indicated by stFiGken-}ham text, as follows:
Section 2.03. -Election and term of office.
(c) Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive elected
terms. No person may serve as a Commissioner for more than two consecutive terms. No person may
serve as a combination of Mayor and Commissioner for more than eig#t sixteen consecutive years,
which is comprised of not more than two consecutive terms as Mayor and not more than two
consecutive terms as Commissioner except feF the additional lengthy of se „ o as naayeF and/o
Commissioner d8SGribed on paragraph (a) above, whiGh results frem the extension ef the t8FM Of GffiG8
ef Mayer and/oF Commissioner as pmdLAGed by the 818Gtien date Ghange previded by Char-ter SeGti
Garr" s a Commissioner (the"Term Limited Commissioner '!)-. Service shall be deemed
to be consecutive unless there is an intervening four-year period during which the individual does not
serve as a Commissioner or Mayor(the "Break in Service"). Any person serving the maximum amount
of time as Mayor must is not required to have a four-year Break in Service before serving as a
Commissioner and may seek to run for the Office of Commissioner without any break in service, except
to the extent required by the Florida Resign to Run law (Section 99.012,F.S.), and may serve as
Commissioner for up to two consecutive terms. Any person serving the maximum amount of time as a
Commissioner is not required to have a four-year Break in Service before serving as Mayor and may
seek the Office of Mayor without any break in service, except to the extent required by the Florida
Resign to Run law (Section 99.012, F.S.), and may serve as Mayor for up to two consecutive terms.
Any person serving the maximum amount of time as a combination of Mayor and Commissioner must
have a four-year Break in Service before serving as Mayor or Commissioner. This Break in Service
requirement shall be applicable only prospectively and shall, except as provided herein, apply to any
person who after the effective date of this Break in Service provision reaches the maximum limitation
on length of service which is provided herein. No candidate may run for either the office of Mayor or
Commissioner when, if elected, the person would exceed the limitations on service set forth in this
paragraph by any length of time taking into account the full regular term for the office sought.
City of Aventura Charter Revision Commission Final Report and Recommendations
December 9, 2020
Section 7.03. - Conflicts of interest; ethical standards.
A. All Commissioners,officials and employees of the City shall be subject to the standards of conduct
for public officers and employees set by Federal, State, County or other applicable law. The City
Commission may adopt additional standards of conduct and code of ethics requirements that are
not inconsistent with Federal, State, County or other applicable law.
B. In the event that a member of the City Commission( the "Elected Official") serves as an officer
(the "Officer") or member of the board of directors (the "Board Member") of a condominium
association, homeowners association or cooperative owners association (each constituting a
"Community Association"for the purposes of this paragraph) the Elected Official shall resign(the
"Resignation Requirement") from his or her position as an Officer or Board Member, upon such
Community Association instituting or maintaining litigation against the City City officer,
employee, or agent(collectively,the"City"). This Resignation Requirement shall apply regardless
of whether the litigation against the City is by claim, cross claim or counterclaim or is pending in
a state or federal court. The City Commission shall by ordinance adopt provisions which shall
comprehensively govern the implementation of this paragraph.
Section 7.06. - Charter revision.
At its first regular meeting in November of every fifth year after the adoption of this Charter,
commencing with December, 2000, the Commission shall appoint a Charter revision commission
consisting of five persons, one of whom shall have served as a member of the previous Charter
commission and four of whom shall be electors of the City. If a former Charter commission member is
not available to serve, five electors of the City, rather than four, shall be appointed. The City
Commissioners shall not be eligible for appointment to the revision commission. The revision
commission shall commence its proceedings within 15 days after appointment by the Commission. If
the revision commission determines that a revision is needed, including but not limited to a change in
the boundaries or numbers of Residential Areas, it shall draft such amendments to this Charter as it
deems appropriate and submit the same to the Commission not later than January 1 of the following
year after their appointment by the Commission. Notwithstanding the above, after completion of the
Charter revision process which commenced in November 2020, the timing of the Charter revision
process shall be revised to a six year interval. Accordingly,the Commission shall appoint the members
of the revision commission in March of 2026, and the revision commission shall present any desired
Charter revisions to the City Commission in sufficient time to enable the Commission to provide for
the proposed Charter revisions to be submitted to the electors at the next general election in the City.
After receipt of the submission of the proposed amendments from the revision commission, the
Commission shall submit them to the electors of the City at the next general election in the City or at a
special election,if any,which is seen€r called by the Commission for such purpose,in accordance with
the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section
shall not apply.
3. CONCLUSION: The CRC respectfully requests that the City Commission consider
this report at a City Commission meeting in January 2021. We recognize that the City
Commission will, as required by City Charter Section 7.06, place these proposed Charter
amendments before the City electors at the next general election in the City or at a special
election, if any, which is sooner called by the Commission for such purpose. Further, the
CRC respectfully recommends that, subject to coordination with the Miami-Dade County
Supervisor of Elections, the proposed Charter amendments be submitted to the electors
of the City at a special election which is conducted solely by mail ballots in April 2021.That
approach will enable any voter adopted Charter amendments to be part of the Charter in
Page 2 of 3
City of Aventura Charter Revision Commission Final Report and Recommendations
December 9, 2020
advance of the 2022 election cycle .
All members of the CRC were honored to have had the opportunity to be of service to the
City.
DATED THIS 9T" DAY OF DECEMBER, 2020.
Received by the City Clerk this 91" day of December, 2020.
x
„ Cl
Ellisa L. Horvath, MMC, City Clerk
Page 3 of 3
RESOLUTION NO. 2021-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER
AS PROVIDED BY THE CHARTER REVISION COMMISSION, IN
ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER;
CONSISTING OF PROPOSED CHARTER AMENDMENTS
CONCERNING PARAGRAPH (C) "LIMITATIONS ON LENGTHS OF
SERVICE" OF SECTION 2.03 "ELECTION AND TERM OF OFFICE",
AND SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL
STANDARDS", AND SECTION 7.06 " CHARTER REVISION" OF THE
CITY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION
ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE
HELD ON TUESDAY, THE 27T" DAY OF APRIL 2021; PROVIDING
NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT ELECTION;
PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 7.06 of the City Charter, the Charter Revision
Commission has determined that certain revisions are needed to the City Charter and
has by report of December 9, 2020 submitted the proposed amendments of the City
Charter (the "Charter Amendments") to the City Commission; and
WHEREAS, pursuant to Section 7.06 of the City Charter, the City Commission is
required to submit the Charter Amendments to the electors of the City for approval or
rejection.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the above-stated recitals are hereby adopted
and confirmed.
Section 2. Charter Amendments. That pursuant to Section 7.06 of the City
Charter and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City
City of Aventura Resolution No. 2021-
of Aventura, Florida, is hereby amended by amending the City Charter Sections described
below in Part A, Part B, and Part C, to read as follows:'
Part A. That paragraph (c) "Limitations on lengths of service" of Section 2.03
"Election and term of office" of the City Charter, is hereby amended by revising paragraph
(c) of said section, to read as follows:
Section 2.03. Election and term of office.
(c) Limitations on lengths of service. No person shall serve as Mayor for more than two
consecutive elected terms. No person may serve as a Commissioner for more than two
consecutive terms. No person may serve as a combination of Mayor and Commissioner
for more than eig#t sixteen consecutive years, which is comprised of not more than two
consecutive terms as Mayor and not more than two consecutive terms as Commissioner
(G)(ii) and evnent fer theca nercens whe ore elented to the Q#ine of Mayer after ceniine
Two GO,T6esLt8teFFRs aS ,1Ss+ener (t�„e"TeFFn Led Gernmiss+eneF ")-. Service
shall be deemed to be consecutive unless there is an intervening four-year period during
which the individual does not serve as a Commissioner or Mayor (the "Break in Service").
Any person serving the maximum amount of time as Mayor must is not required to have a
four-year Break in Service before serving as a Commissioner and may seek to run for the
Office of Commissioner without any break in service, except to the extent required by the
Florida Resign to Run law (Section 99.012,F.S.), and may serve as Commissioner for up
to two consecutive terms. Any person serving the maximum amount of time as a
Commissioner is not required to have a four-year Break in Service before serving as Mayor
and may seek the Office of Mayor without any break in service, except to the extent
required by the Florida Resign to Run law(Section 99.012, F.S.), and may serve as Mayor
for up to two consecutive terms. Any person serving the maximum amount of time as a
combination of Mayor and Commissioner must have a four-year Break in Service before
serving as Mayor or Commissioner. This Break in Service requirement shall be applicable
only prospectively and shall, except as provided herein, apply to any person who after the
effective date of this Break in Service provision reaches the maximum limitation on length
of service which is provided herein. No candidate may run for either the office of Mayor or
Commissioner when, if elected, the person would exceed the limitations on service set
forth in this paragraph by any length of time taking into account the full regular term for the
office sought.
1 / Proposed additions to existing City Charter text are indicated by underline;proposed deletions from existing
City Charter text are indicated by stfikeflffett .
Page 2 of 9
City of Aventura Resolution No. 2021-
Part B. That Section 7.03 " Conflicts of Interest; Ethical Standards" of the City
Charter, is hereby amended by designating the existing text as paragraph (a) and
created a new paragraph (b) of said section, to read as follows:
Section 7.03. -Conflicts of interest; ethical standards.
(a) All Commissioners, officials and employees of the City shall be subject to the
standards of conduct for public officers and employees set by Federal, State,
County or other applicable law. The City Commission may adopt additional
standards of conduct and code of ethics requirements that are not inconsistent
with Federal, State, County or other applicable law.
In the event that a member of the City Commission( the "Elected Official") serves
as an officer (the "Officer") or member of the board of directors (the "Board
Member")of a condominium association, homeowners association or cooperative
owners association (each constituting a"Community Association"for the purposes
of this paragraph)the Elected Official shall resign (the`Resignation Requirement")
from his or her position as an Officer or Board Member, upon such Community
Association instituting or maintaining litigation against the City or any City officer,
employee, or agent (collectively, the "City"). This Resignation Requirement shall
apply regardless of whether the litigation against the City is by claim, cross claim
or counterclaim or is pending in a state or federal court.The City Commission shall
by ordinance adopt provisions which shall comprehensively govern the
implementation of this paragraph.
Part C. That Section 7.06 "Charter Revision" of the City Charter, is hereby
amended to read as follows:
Section 7.06. -Charter revision.
At its first regular meeting in November of every fifth year after the adoption of this Charter,
commencing with December, 2000, the Commission shall appoint a Charter revision
commission consisting of five persons, one of whom shall have served as a member of the
previous Charter commission and four of whom shall be electors of the City. If a former
Charter commission member is not available to serve, five electors of the City, rather than
four, shall be appointed. The City Commissioners shall not be eligible for appointment to
the revision commission. The revision commission shall commence its proceedings within
15 days after appointment by the Commission. If the revision commission determines that
a revision is needed, including but not limited to a change in the boundaries or numbers of
Residential Areas, it shall draft such amendments to this Charter as it deems appropriate
and submit the same to the Commission not later than January 1 of the following year after
their appointment by the Commission. Notwithstanding the above, after completion of the
Charter revision process which commenced in November 2020, the timing of the Charter
revision process shall be revised to a six year interval. Accordingly, the Commission shall
appoint the members of the revision commission in March of 2026, and the revision
commission shall present any desired Charter revisions to the City Commission in sufficient
time to enable the Commission to provide for the proposed Charter revisions to be
submitted to the electors at the next general election in the City. After receipt of the
submission of the proposed amendments from the revision commission, the Commission
shall submit them to the electors of the City at the next general election in the City or at a
Page 3 of 9
City of Aventura Resolution No. 2021-
special election, if any, which is scene called by the Commission for such purpose, in
accordance with the provisions of Section 6.02, except that the provisions of subsections
(a) and (b)of such Section shall not apply.
Section 3. Election Called. That a special election is hereby called, to be held
on Tuesday, the 27t" day of April 2021, to present to the qualified electors of the City of
Aventura, the ballot questions provided in Section 4 of this Resolution.
Section 4. Form of Ballot. That the form of ballot for the Charter Amendments
provided for in Section 2 of this Resolution shall be substantially as follows:
CITY OF AVENTURA CHARTER AMENDMENTS
(1) REVISED TERM LIMITS PROVISION CONCERNING SERVICE AS
COMMISSIONER BY A TERM LIMITED MAYOR
The City Charter currently requires a 4 year break in service in order for a person
who has served 8 consecutive years as Mayor to be eligible to run for election as
Commissioner. The Charter Revision Commission proposes that the Charter be
amended to eliminate that 4 year required break in service under those
circumstances, and to allow combined mayoral and commission service for up to
16 consecutive years.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
(2) ENHANCEMENT OF ETHICS PROVISIONS
The City Charter currently provides for the adoption of ethics standards. The
Charter Revision Commission proposes that the Charter be amended to further
enhance ethics standards by requiring that any member of the City Commission
who is an officer or governing board member of a community association, which
association is litigating against the City, shall resign from such association position,
and requiring adoption of a City implementing ordinance.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
Page 4 of 9
City of Aventura Resolution No. 2021-
(3) AMENDMENT TO TIMING OF PERIODIC CITY CHARTER
REVIEW AND REVISION PROCESS
The City Charter currently provides for the periodic review of the Charter by the
Charter Revision Commission every 5 years. The Charter Revision Commission
proposes that the Charter be amended to revise the periodic review cycle to be
conducted every 6 years to better conform to the City's election cycle, and to allow
more flexible timing of charter amendment special elections.
Shall the Charter Amendment be adopted?
YES ( )
NO ( )
Section 5. Balloting. That mail ballots, as prescribed by Section 101.6101-
101.6107, Florida Statutes, shall be used in this special election. All qualified City electors
who are timely registered in accordance with law shall be entitled to vote. The City Clerk
is authorized to obtain any necessary election administration services from the Miami-
Dade County Supervisor of Elections. The County registration books shall remain open
at the Office of the Miami-Dade County Supervisor of Elections until twenty-nine (29)days
prior to the date of such election, at which time the registration books will close in
accordance with the provisions of the general election laws. The Miami-Dade County
Supervisor of Elections is hereby authorized to take all appropriate action necessary to
carry into effect and accomplish the provisions of this Resolution. This special election
shall be canvassed by the County Canvassing Board unless otherwise provided by law.
Section 6. Notice of Special Election. That notice of said special election shall
be published in accordance with Section 100.342, Fla. Stat., in a newspaper of general
circulation within the City at least 30 days prior to said election, the first publication to be
in the fifth week prior to the election (to-wit: during the week commencing Sunday, March
21, 2021), and the second publication to be in the third week prior to the election (to-wit-
Page 5 of 9
City of Aventura Resolution No. 2021-
during the week commencing Sunday, April 4, 2021), and shall be in substantially the
following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
RESOLUTION NO. 2021- ADOPTED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA,FLORIDA(THE
"CITY") A SPECIAL ELECTION HAS BEEN CALLED AND
ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY,
THE 27TH DAY OF APRIL 2021, BY MAIL BALLOT, AT
WHICH TIME THE FOLLOWING CHARTER AMENDMENT
PROPOSALS SHALL BE SUBMITTED TO THE QUALIFIED
ELECTORS OF THE CITY.
CITY OF AVENTURA CHARTER AMENDMENTS
(1) REVISED TERM LIMITS PROVISION CONCERNING
SERVICE AS COMMISSIONER BY A TERM LIMITED
MAYOR
The City Charter currently requires a 4 year break in service in order for a
person who has served 8 consecutive years as Mayor to be eligible to run
for election as Commissioner. The Charter Revision Commission proposes
that the Charter be amended to eliminate that 4 year required break in
service under those circumstances, and to allow combined mayoral and
commission service for up to 16 consecutive years.
Shall the Charter amendment be adopted?
YES ( )
NO ( )
(2) ENHANCEMENT OF ETHICS PROVISIONS
The City Charter currently provides for the adoption of ethics standards.
The Charter Revision Commission proposes that the Charter be amended to
further enhance ethics standards by requiring that any member of the City
Commission who is an officer or governing board member of a community
association, which association is litigating against the City, shall resign
from such association position, and requiring adoption of a City
implementing ordinance.
Shall the Charter amendment be adopted?
Page 6 of 9
City of Aventura Resolution No. 2021-
YES ( )
NO ( )
(3) AMENDMENT TO TIMING OF PERIODIC CITY
CHARTER REVIEW AND REVISION PROCESS
The City Charter currently provides for the periodic review of the Charter
by the Charter Revision Commission every 5 years. The Charter Revision
Commission proposes that the Charter be amended to revise the periodic
review cycle to be conducted every 6 years to better conform to the City's
election cycle, and to allow more flexible timing of charter amendment
special elections.
Shall the Charter Amendment be adopted?
YES ( )
NO ( )
The full text of the proposed City Charter Amendments is available at the office of
the City Clerk located at 19200 West Country Club Drive,Aventura,Florida 33180.
ELLISA L. HORVATH, MMC
CITY CLERK"
Section 7. Copies. That copies of this Resolution proposing the Charter
Amendments are on file at the offices of the City Clerk located at 19200 West Country
Club Drive, Aventura, Florida 33180, and are available for public inspection during regular
business hours.
Section 8. Effectiveness. That the Charter Amendments provided for in
Section 2 above shall become effective if the majority of the qualified electors voting on
the specific Charter Amendment vote for its adoption, and it shall be considered adopted
Page 7 of 9
City of Aventura Resolution No. 2021-
and effective upon certification of the election results. Following adoption of the Charter
Amendments, the City Clerk shall file the adopted Charter Amendments with the Clerk of
the Circuit Court of Miami-Dade County, Florida.
Section 9. Inclusion in the Charter. That subject to the requirements of
Section 8 above, it is the intention of the City Commission and it is hereby provided that
the Charter Amendments shall become and be made a part of the Charter of the City of
Aventura; and that the Sections of this Resolution may be renumbered or relettered to
accomplish such intention.
Section 10. Effective Date of Resolution. That this Resolution shall become
effective immediately upon adoption hereof.
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 Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Vice Mayor Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED this 2nd day of February, 2021.
Page 8 of 9
City of Aventura Resolution No. 2021-
ENID WEISMAN, MAYOR
Attest:
ELLISA L. HORVATH, MMC
CITY CLERK
Approved as to Form and Legal Sufficiency:
CITY ATTORNEY
Page 9 of 9
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: January 29, 2021
SUBJECT: Ordinance Amending Division 6, "Arts in Public Places Advisory
Board" of Article III, Chapter 2 of the City Code
V Reading February 2, 2021 City Commission Meeting Agenda Item 7
2nd Reading March 2, 2021 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
Division 6 "Arts in Public Places Advisory Board" of Article III, Chapter 2 of the City
Code to revise the composition of the Arts in Public Places Advisory Board to be
composed of five residents of the City.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CCO1960-21
ORDINANCE NO. 2021-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
DIVISION 6, "ARTS IN PUBLIC PLACES ADVISORY BOARD" OF
ARTICLE III, CHAPTER 2 OF THE CITY CODE TO REVISE THE
COMPOSITION OF THE ART IN PUBLIC PLACES ADVISORY BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 2, 2012, the City Commission of the City of Aventura (the
"City") adopted Ordinance No. 2012-16, creating Division 6, "Arts in Public Places
Advisory Board," of Article III, Chapter 2 of the City Code of Ordinances establishing the
Art in Public Places Advisory Board to identify and select art for display on City-owned
and/or operated properties; and
WHEREAS, on March 1, 2016, the City Commission adopted Ordinance No.
2016-02, amending the composition requirements and duties of the Art in Public Places
Advisory Board; and
WHEREAS, the City Commission desires to further amend the composition of the
Art in Public Places Advisory Board to be composed of five residents of the City; and
WHEREAS, the City Commission finds that this amendment is in the best interest
of the City and the City's residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:'
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Amended. That Division 6, "Arts in Public Places
Advisory Board," of Article III, Chapter 2 of the City Code of the City of Aventura is
hereby amended to read as follows:
Chapter 2 —ADMINISTRATION
ARTICLE III. —ADVISORY BOARDS
DIVISION 6. —ARTS IN PUBLIC PLACES ADVISORY BOARD
Sec. 2-201. - Creation, composition and qualifications.
1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by strikethrough.
City of Aventura Ordinance No. 2021-
(a) There is hereby created and established the City of Aventura Art in Public Places
Advisory Board (the "Board") consisting of five members inGluding the Mayor,
,ono
shy seNe by virtue of hisihere#+^e and four that are residents of the City who shall
be and appointed by the Mayor, subject to the approval of the City Commission. The
resfdent members of the Board shall be appointed in accordance with procedures
established herein and shall hold office at the pleasure of the City Commission.
Members of the Board shall serve on the Board without compensation and shall not
be reimbursed for travel, mileage, or per diem expenses as to Board service. The
resident members shall serve for a two-year term and may be reappointed in
accordance with the process outlined herein.
(b) In the event of the resignation or removal of any member of the Board, the Mayor
shall appoint a person to fill the vacancy on such Board for the unexpired portion of
the term of the member vacating such office, subject to approval of the City
Commission in accordance with procedures established herein.
(c) In the event that a member of the Board shall be absent and unexcused from a duly-
called meeting of the Board for three consecutive meetings, then, in that event, such
member shall automatically be removed as a member of the Board by the City
Manager. An excused absence shall be requested in writing via email, fax or letter
prior to the Board meeting.
(d) The City Manager or his designee shall provide or designate necessary staff support
for the Board.
Sec. 2-204. - Rules of procedure; quorum.
(a) The Board shall adopt rules of procedure not inconsistent with the ordinances of the
City and the laws of the State of Florida and shall utilize Robert's Rules of Order
recently revised 1990 Edition for the rules of procedure for the conduct of meetings
of the Board. The Board may create additional rules for the conduct of its internal
proceedings.
(b) The Mayor shall seNe as the Board Chairperson The Board shall select a member
to serve as the Chairperson and may elect a Vice-Chairperson.
(c) Three members shall constitute a quorum for the transaction of business of the
Board. Official action shall be taken by the Board only upon the concurring vote of a
majority of the members present at an official meeting of the Board, except that at
least three affirmative votes shall be required for official action.
Section 3. Severability. That the provisions of this Ordinance are declared
to be severable and if any section, sentence, clause or phrase of this Ordinance shall
for any reason be held to be invalid or unconstitutional such decision shall not affect the
validity of the remaining sections, sentences, clauses and phrases of this Ordinance,
but they shall remain in effect it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Page 2 of 4
City of Aventura Ordinance No. 2021-
Section 4. Inclusion in the Code. That it is the intention of the City
Commission and it is hereby ordained that the provisions of this Ordinance shall become
and be made a part of the Code of the City of Aventura, that the sections of this
Ordinance may be renumbered or relettered to accomplish such intentions, and that the
word Ordinance shall be changed to Section or other appropriate word.
Section 5. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner who moved
its adoption on first reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Vice Mayor Robert Shelley
Mayor Enid Weisman
The foregoing Ordinance was offered by Commissioner who moved
its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jonathan Evans
Commissioner Rachel S. Friedland
Commissioner Denise Landman
Commissioner Dr. Linda Marks
Commissioner Marc Narotsky
Vice Mayor Robert Shelley
Mayor Enid Weisman
Page 3 of 4
City of Aventura Ordinance No. 2021-
PASSED on first reading on this 2nd day of February, 2021.
PASSED AND ADOPTED on second reading on this 2nd day of March, 2021.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 4 of 4