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01-21-2021 Regular Workshop Agenda The City of City Commission , eiEfura WorkshopMeeting January 21, 2021 Following 9 a.m. School Governing Board Meetings and Special Commission Meeting 19200 west country club Drive Aventura,FL 33180 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: 824 0559 4928 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: 824 0559 4928 The City of City Commission , ei ffura WorkshopMeeting January 21, 2021 - Following 9 a.m. School Governing Board Meetings and Special Commission Meeting 6 19200 west Country Club Drive Aventura,FL 33180 Via Virtual Communications Media Technology AGENDA 1. Call to Order/Roll Call 2. Presentation: Miami-Dade County Homeless Trust/General Information (City Manager) 3. Presentation and Discussion: Electric Vehicle Transportation - Beefree, LLC dba Freebee (City Manager)* Further Action Required: Resolution 4. Discussion: Revision to Proposed Charter Amendments (City Manager)* Future Action Required: Resolution 5. Selection of Arts in Public Places Advisory Board Members (City Manager)* Future Action Required: Resolution 6. Discussion: Accepting Campaign Contributions from Vendors Doing Business with the City(Commissioner Dr. Marks) 7. Adjournment Y Back-up Information Exists 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 proceeding.One or more members of the City of Aventura Advisory Boards may participate in the meeting. Agenda items are available online at cityofaventura.com for viewing and printing. Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 6�L DATE: January 15, 2021 SUBJECT: Agreement Between the City and Beefree, LLC dba Freebee (City Manager) January 21, 2021 City Commission Workshop Agenda Item 3 BACKGROUND The Agreement between the City and Beefree, LLC dba Freebee was tabled at the January 5, 2021 City Commission Meeting for further review. Jason Spiegel, Managing Partner of Freebee, will be holding a presentation and discussion at the Workshop Meeting. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1956-21 AGREEMENT THIS IS AN AGREEMENT,dated the_day of ,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 .need of seeks to have an independent contractor tc�provide on-de- mand transportation 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 19 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 ,2021,the City Commission ofAventura,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 ofwork 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 2of19 as required by Florida State Statutes. 2.6 CONTRACTOR personnel performing services pursuant to this Agreement must presenta 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 m of m 'ntain satisfactory standards of employee compe tency conduct, appearance and integrity, and must take such disciplinary action agains their o nleyeex sReGessary, fe the etent permitted by le e, The CONTRACTOR'S employee personnel shall undergo background screening and a drug screening prior to providing Services pursuant to this Agreement. The Background Check Process will be conducted by Contractor,at Contractor's sole cost.The Personnel shall not be permitted to perform Services under this Agreement until such time as the Background Check Pro- cess has been completed and the Personnel cleared by the CITY to perform duties under this Agreement. If any Personnel is away from the lob for a period of 45 or more days, a new Background 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 CON- TRACTOR should ensure its employees continue to adhere to standards of conductwhile 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 19 i Page 4 of 19 ARTICLE 3 '--- Formatted:Centered 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 5 of 19 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 6 of 19 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 underthisAgreementand notthe CITY'semployee 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 priorto any deviation from the terms of this Agreement, including the initiation of any additional or extra work. Each amendment shall at a minimum include the following information on each project: Page 7 of 19 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 anytime 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 8 of 19 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 assignmentwhich requires CITY approval.In the eventthatthe 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 9 of 19 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: horvathe(&cityofaventura.com 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 10 of 19 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 ofAventura 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 11 of 19 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 12 of 19 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 13 of 19 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 14 of 19 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 15 of 19 EXHIBIT"A" BEEFREE,LLC cl/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. 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 insured on said policies throughout the Term. FREEBEE must also other- wise comply with the insurance requirements as set forth in the Agreement. Page 16 of 19 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 15th 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 2.15. 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 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 Page 17 of 19 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 18 of 19 EXHIBIT^B^ DESIGNATED SERVICE AREA MAP (Subject bo Revision asNecessary) CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L DATE: January 15, 2021 SUBJECT: Revision to Proposed Charter Amendments (City Manager) January 21, 2021 City Commission Workshop Agenda Item 4 As per the direction from the Commission at the January 5t" City Commission Meeting, this item has been placed on the Workshop Agenda for reconsideration pertaining to revisions to the proposed Charter Amendments. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1957-21 CITY COMMISSION VERSION OF PROPOSED AMENDMENT TO CITY CHARTER SECTION 7.03 FOR COMMISSION WORKSHOP DISCUSSION PROPOSED ADDITIONS TO CITY CHARTER TEXT ARE SHOWN BY UNDERLINE; PROPOSED DELETIONS FROM CITY CHARTER TEXT ARE SHOWN BY 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 be recused from and shall not vote on or participate in any way on any matter presented to the City Commission concerning or arising out of any litigation which is instituted or maintained by the Community Association against the City or any City officer, employee, or agent (collectively, the "City"). This requirement of recusal, abstention from voting and participation, as stated above, 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. PROPOSED CITY COMMISSION VERSION OF AMENDMENT TO CITY CHARTER SECTION 7.06 FOR WORKSHOP DISCUSSION PROPOSED ADDITIONS TO CITY CHARTER TEXT ARE SHOWN IN UNDERLINE; PROPOSED DELETIONS FROM CITY CHARTER TEXT ARE SHOWN BY STRIKETHROUGTH 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 and the Charter revision process shall be further revised as provided below. Accordingly, the Commission shall appoint the members of the revision commission in March of 2026, and the revision commission shall present any recommended Charter revisions to the City Commission in sufficient time to enable the City Commission, at its sole discretion, to provide for the proposed Charter revisions, if any, which are acceptable to and desired by the City Commission, to be submitted to the electors at the next general election in the City. After receipt of the submission of the proposed recommended amendments from the revision commission, the City Commission shall may 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 seeeer 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. CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Ellisa L. Horvath, MMC, City Clerk "' DATE: January 8, 2021 SUBJECT: Information on Prior Elections for Proposed Charter Amendments Per your request, below is additional information on prior elections held pertaining to proposed charter amendments: ELECTIONS FOR CITY COMMISSION PROPOSED AMENDMENTS: A total of 4 elections were held as follows: MARCH 10, 1998 SPECIAL ELECTION Ordinance No. 97-030 Calling for Special Election and Outlining Proposed Amendments Resolution No. 98-029 Certifying Special Election Results (Passed — all 8 amendments) 1. APPOINTMENT OF VICE MAYOR. The City Charter currently provides for a Vice Mayor to be appointed each year. It is proposed that the Charter be amended to provide that the appointment of Vice Mayor shall be made two times each year, at such times as provided by ordinance of the City. Shall the above described amendment be adopted? YES 458 NO 226 2. FILLING A VACANCY IN OFFICE OF MAYOR. The City Charter currently provides that if the Mayor's position becomes vacant, the Vice Mayor completes the Mayor's term. It is proposed that the Charter be amended to provide that a Mayoral vacancy shall be filled by the Vice-Mayor if no more than six months remain on the unexpired term, otherwise by special election. Shall the above described amendment be adopted? YES 562 NO 113 3. FILLING A VACANCY IN OFFICE OF COUNCILMEMBER. The City Charter provides that a vacancy in the office of Councilmember is filled by the Council or by special election depending upon the length of the unexpired term and the City Clerk—Information on Prior Elections for Proposed Charter Amendments (January 8,2021) occurrence of an election. It is proposed that vacancies for an unexpired term of six months or less be filled by the Council and that other vacancies be filled by special election. Shall the above described amendment be adopted? YES 578 NO 100 4. CITY MANAGER'S BOND. The present City Charter provides that the City Manager shall furnish a bond but does not specify the type of bond. It is proposed that the Charter be amended to provide (1) that the City Council may by ordinance require the City Manager to furnish a bond and (2) if such bond is required that the form of bond is a fidelity bond. Shall the above described amendment be adopted? YES 611 NO 71 5. REVISION OF GENERAL ELECTION DATE FOR MAYOR AND COUNCIL. The City Charter currently provides that the date of the general election for Mayor and Council shall be in October of each even numbered year. It is proposed that the Charter be amended to revise and extend the date of election to the first Tuesday in March of each odd numbered year. Shall the above described amendment be adopted? YES 522 NO 155 6. REVISION OF COMMENCEMENT DATE OF TERMS OF MAYOR AND COUNCIL. The City Charter currently provides for the terms of office of Mayor and Council to commence seven days after the regular or special election. It is proposed that the Charter be amended to provide for the term to commence as provided by ordinance of the City. Shall the above described amendment be adopted? YES 640 NO 145 7. CODE OF ETHICS. The City Charter currently provides for Councilmembers, officials and employees of the City to be subject to standards of conduct established by applicable laws. It is proposed that the Charter be amended to provide authority for the Council to adopt additional standards of conduct and code of ethics requirements. Shall the above described amendment be adopted? YES 601 NO 91 Page 2 of 8 City Clerk—Information on Prior Elections for Proposed Charter Amendments (January 8,2021) 8. DESIGNATION OF GOVERNING BODY AND ITS MEMBERS. The Charter currently designates the governing body of the City as the Council and the members as Councilmembers. It is proposed that the Charter be amended to designate the governing body as the Commission and the members as Commissioners. Shall the above described amendment be adopted? YES 559 NO 122 APRIL 22, 2008 SPECIAL ELECTION Mail-In Ballot Ordinance No. 2008-05 Calling for Special Election and Outlining Proposed Amendments Resolution No. 2008-21 Certifying Special Election Results (Passed — 1 amendment) CHANGE OF GENERAL ELECTION DATE FOR MAYORAL AND COMMISSION ELECTIONS. The City Charter currently provides for the Mayor and Commissioners to be elected in March of odd-numbered years. It is proposed that the Charter be amended to provide for the general election for the Mayor and Commissioners to be held in November of even- numbered years, and for the term of office and allowed length of service to be extended to accomplish this election date change. Shall the above-described Charter Amendment be adopted? YES 2,347 NO 345 NOVEMBER 8, 2016 SPECIAL ELECTION In conjunction with Municipal General Election Ordinance No. 2016-07 Calling for Special Election and Outlining Proposed Amendments Resolution No. 2017-03 Certifying Special Election Results (Passed — 1 amendment) REVISED TIME FOR SCHEDULING CHARTER AMENDMENT ELECTIONS ON CHARTER AMENDMENTS PROPOSED BY CHARTER REVISION COMMISSION. The City Charter currently requires the City to hold charter amendment elections within 60 to 150 days after receipt of charter amendment recommendations from the City's charter revision commission. It is proposed that the Charter be amended to enable charter amendments to be presented to the voters of the City at the next upcoming general election in the City or a special election sooner called by the City Commission. Shall the Charter amendment be adopted? YES 9,065 NO 2,524 Page 3 of 8 City Clerk- Information on Prior Elections for Proposed Charter Amendments (January 8,2021) AUGUST 28, 2018 SPECIAL ELECTION In conjunction with County Wide Primary Election Ordinance No. 2018-03 Calling for Special Election and Outlining Proposed Amendments Resolution No. 2018-77 Certifying Special Election Results (Passed — 1 amendment allowing termed Commissioners to run for the Mayor seat without waiting 4 years) ELIGIBILITY TO SERVE AS MAYOR AFTER SERVICE AS COMMISSIONER. In an effort to assure a continuity of experience in City government, and enhance the ability of the voters to elect an experienced Commissioner as Mayor, the City Commission proposes that the City Charter be amended to enable term-limited Commissioners to be able to run for election to the office of Mayor and be able to serve up to two consecutive terms as Mayor if elected. Shall the above-described Charter amendment be adopted? YES 2,769 NO 1,200 CHARTER REVISION COMMISSION (CRQ PROPOSED AMENDMENTS: A total of 4 elections were held as follows: MAY 15, 2001 SPECIAL ELECTION Resolution No.2001-15 Calling for Special Election and Outlining Proposed Amendments Resolution No. 2001-27 Certifying Special Election Results (Passed - all 9 amendments) 1. AUTHORITY TO CREATE AND APPOINT SUB-COMMITTEES OF THE CITY COMMISSION. The City Charter currently authorizes the Mayor to create and appoint sub- committees of the City Commission. It is proposed that the Charter be amended to remove the authority of the Mayor to create and appoint sub-committees of the City Commission. Shall the above-described Charter Amendment be adopted? YES 488 NO 336 2. REVISION OF COMPENSATION FOR MAYOR AND CITY COMMISSIONERS. The City Charter currently provides for the payment of annual compensation in the amount of$3,500.00 for the Commissioners and $5,000.00 for the Mayor. It is proposed that the Charter be amended to provide for an increase in compensation, so that the Mayor will be paid $10,000.00 and Commissioners will be paid $7,500.00, per year. Shall the above-described Charter Amendment be adopted? YES 422 NO 380 Page 4 of 8 City Clerk—Information on Prior Elections for Proposed Charter Amendments (January 8,2021) 3. AUTHORITY TO REMOVE: MEMBERS OF BOARDS AND AGENCIES APPOINTED BY THE MAYOR. The City Charter currently provides for members of City boards and agencies to be appointed by the Mayor subject to approval of the City Commission, but does not specifically recognize the Commission's authority to remove such members. It is proposed that the Charter be amended to provide that the City Commission, by majority vote, may remove members of boards and agencies appointed by the Mayor. Shall the above-described Charter Amendment be adopted? YES 613 NO 223 4. AUTHORITY TO CALL SPECIAL MEETINGS OF THE CITY COMMISSION. The City Charter currently provides for the Mayor or four (4) members of the City Commission to have authority to call special meetings of the Commission. It is proposed that the Charter be amended to also authorize the City Manager to call special meetings of the Commission. Shall the above-described Charter Amendment be adopted? YES 678 NO 154 5. ROTATION OF SELECTION OF OUTSIDE AUDITORS. The City Charter currently provides for an independent annual audit of all City accounts, but does not specify that the accountants utilized for such audit must be periodically changed. It is proposed that the Charter be amended to provide that the work of conducting the independent annual audit be rotated to a new accountant or accounting firm at least every five (5) years. Shall the above-described Charter Amendment be adopted? YES 753 NO 81 6. RESTRICTION ON CITY COMMISSION'S AUTHORITY TO INITIATE CITY CHARTER AMENDMENTS. The City Charter currently enables the City Commission to submit to the City's electors, by ordinance, proposed amendments to the Charter. It is proposed that the Charter be amended to provide that the City Commission may not propose an amendment to the Charter by ordinance unless adopted by the affirmative vote of at least five (5) members of the City Commission. Shall the above-described Charter Amendment be adopted? YES 579 NO 231 Page 5 of 8 City Clerk—Information on Prior Elections for Proposed Charter Amendments (January 8,2021) 7. CHARTER REVISION COMMISSION. The City Charter currently provides for one member of the City Commission to serve on the Charter Revision Commission which periodically reviews the Charter. It is proposed that the Charter be amended to: (1) provide for an additional elector of the City to serve on the Charter Revision Commission, instead of a City Commission member; and (2) revise certain time frames for the Charter revision process. Shall the above-described Charter Amendment be adopted? YES 693 NO 143 8. NO DISCRIMINATION IN USE OF CITY FACILITIES. The City Charter currently prohibits discrimination against any person based upon race, religion, color, national origin, physical or mental disability, creed, sexual preference or sex. It is proposed that the Charter be amended to expand the prohibition against discrimination by providing that the City shall not adopt any policy regarding the use of City facilities that would discriminate against any person upon such basis. Shall thU above-described Charter Amendment be adopted? YES 701 NO 125 9. REVISION OF RESTRICTION ON MAXIMUM LENGTH OF SERVICE ON CITY COMMISSION. The City Charter currently provides that any Commissioner elected in the 1996 election may serve for a maximum of nine (9) consecutive years. It is proposed that the Charter be amended to enable Commissioners who were re-elected in the March 1999 election to serve a maximum of eleven (11) consecutive years, so that such Commissioners may serve a complete third term in office if again re-elected. Shall the above-described Charter Amendment be adopted? YES 446 NO 383 MARCH 21, 2006 SPECIAL ELECTION Mail-In Ballot Resolution No. 2006-06 Calling for Special Election and Outlining Proposed Amendments Resolution No. 2006-17 Certifying Special Election Results (Passed - both (2) amendments) REQUIREMENT FOR BREAK IN SERVICE AS MAYOR OR COMMISSIONER. The City Charter currently provides for a limitation on the consecutive length of service as Mayor or Commissioner, but does not specify any required break in service before resuming office. It is proposed that the Charter be amended to provide for a four year break in service before a person may again serve as Mayor or Commissioner, once the maximum length of consecutive service has been reached. Page 6 of 8 City Clerk—Information on Prior Elections for Proposed Charter Amendments (January 8,2021) Shall the above-described Charter Amendment be adopted? YES 3,141 NO 873 ELIMINATION OF RUN OFF ELECTIONS FOR MAYOR AND COMMISSIONER. The City Charter currently provides for both general elections and run off elections for Mayor and Commissioner. It is proposed that the Charter be amended to eliminate run off elections and to revise the method of election from a majority vote requirement to a system by which the candidate for Mayor or a Commission seat who receives the most votes in the general election is elected. Shall the above-described Charter Amendment be adopted. YES 2,559 NO 1,425 APRIL 12, 2011 SPECIAL ELECTION Mail-In Ballot Resolution No. 2011-17 Calling for Special Election and Outlining Proposed Amendments Resolution No. 2011-32 Certifying Special Election Results (Failed — 1 amendment) REVISED LIMIT ON TOTAL COMBINED YEARS OF SERVICE AS MAYOR AND COMMISSIONER. The City Charter currently allows a person to serve up to 8 consecutive years as Mayor and Commissioner, regardless of whether that person serves as Mayor or Commissioner or serves separately in both capacities. It is proposed that the City Charter be amended to allow a person to serve a combined total of 12 consecutive years, for any person who serves as both Mayor and Commissioner. Shall the above - described Charter amendment be adopted? YES 580 NO 2,674 APRIL 12, 2016 SPECIAL ELECTION Mail-In Ballot Resolution No. 2016-09 Calling for Special Election and Outlining Proposed Amendments Resolution No. 2016-27 Certifying Special Election Results (Failed —first amend ment/'Passed — second amendment) 1. REVISED BREAK IN SERVICE PROVISION CONCERNING YEARS OF SERVICE AS MAYOR AND OR COMMISSIONER. The City Charter currently requires a 4 year break in service in order for a person who has served 8 consecutive years as Mayor and or Commissioner to be eligible to again run for election as Mayor or Commissioner. It is proposed by the Charter Revision Page 7 of 8 City Clerk—Information on Prior Elections for Proposed Charter Amendments (January 8,2021) Commission that the City Charter be amended to reduce the required 4 year break in service to a period of 2 years. Shall the Charter amendment be adopted? YES 1,039 NO 1,858 2. REVISED COMMISSION OFFICE ABSENCE PROVISION. The City Charter currently provides for forfeiture of Commission office if absent from 6 regular commission meetings during the calendar year or 3 consecutive meeting absences as Mayor or 4 such absences as Commissioner. The Charter Revision Commission has proposed that the City Charter be amended to impose a forfeiture of office upon any Commissioner or Mayor who is absent from 4 such meetings during the year or consecutively. Shall the Charter amendment be adopted? YES 2,258 NO 581 PETITION BY ELECTORS PROPOSED AMENDMENTS: A total of 1 election was held as follows: MARCH 9, 2004 SPECIAL ELECTION In conjunction with Presidential Preference Primary Resolution No. 2003-87 Calling for Special Election and Outlining Proposed Amendments Resolution No. 20C4-23 Certifying Special Election Results (Failed — 1 amendment) TERM OF OFFICE AND LENGTH OF SERVICE. The City Charter currently limits City Commissioners to no more than two consecutive elected terms and prohibits any person from serving as a combination of Mayor and Commissioner for more than eight consecutive years. City electors have petitioned to amend the Charter to enable Commissioners to serve for three consecutive elected terms and to allow service for up to twelve consecutive years as a combination of Mayor and Commissioner. Shall the Charter Amendment be adopted? YES 1,050 NO 2,691 Page 8 of 8 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L DATE: December 30, 2020 SUBJECT: Resolution Calling for a Special Election for Consideration of Amendments to the City Charter January 5, 2021 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution 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, 2020 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. RJW/act 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 Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Rachel S. Friedland Vice Mayor Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED this 5t" day of January, 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 er DATE: January 15, 2021 SUBJECT: Selection of Arts in Public Places Advisory Board Members (City Manager) January 21, 2021 City Commission Workshop Agenda Item 5 The terms of the following individuals on the Arts in Public Places Advisory Board will expire in February: Adriana Lerner Adelson Marina Kessler Dr. Miles Kuttler Marina Wecksler All of the current members have expressed interest in serving again. I am recommending that all of the members be re-appointed to the Arts in Public Places Advisory Board. I have placed this matter on the Workshop Agenda for discussion and direction by the City Commission. If you have any questions, please feel free to contact me. RJW/act CCO1953-21