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09-02-2021 Regular Commission Meeting Agenda City Manager City ConHnission Ronald J.Wasson Enid Weisman,Mayor Dr.Linda Marks,Vice Mayor ..�- City Clerk ..�_h Jonathan Evans,Commissioner Ellisa L.Horvath,MMC Rachel S.]Friedland,Commissioner Denise Landman,Con-unissioner City Attorney Marc Narotsky,Commissioner C, Weiss Scrota Helfman Robert Shelley,Commissioner Cole&Bierman CITY COMMISSION REGULAR MEETING AGENDA SEPTEMBER 2, 2021 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Employee Service Awards • Youth Advisory Board Certificates of Appointment • Aventura City of Excellence School Update • Don Soffer Aventura High School Update 5. CONSENT AGEN 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: • July 13, 2021 City Commission Regular Meeting • July 22, 2021 City Commission Special Meeting • July 22, 2021 City Commission Regular Workshop Meeting • August 10, 2021 City Commission Special Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD TO SERVE DURING THE 2021-2022 SCHOOL YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Regular Meeting Agenda September 2, 2021 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-07-26- 3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER, TO GRASS ROOTS COMPLETE, LLC AKA GRC SERVICES FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED;AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT;AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-07-27- 3 CITY OF AVENTURA CUSTODIAL SERVICES FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL TO AMER-PLUS JANITORIAL MAINTENANCE, LLC FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED;AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT;AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE FLORIDA MEMORANDUM OF UNDERSTANDING WITH THE STATE OF FLORIDA AND OTHER PARTICIPATING LOCAL GOVERNMENT UNITS FOR THE ALLOCATION AND USE OF OPIOID SETTLEMENT FUNDS TO ABATE AND RESOLVE THE OPIOID EPIDEMIC; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL;AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-05-18- 3, AVENTURA PARKING GARAGE RESTORATION, TO ONE SOURCE RESTORATION&BUILDING SERVICES,INC.AT THE BID PRICE OF$238,683.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-08-09- 3, YACHT CLUB DRIVE DRAINAGE IMPROVEMENTS, TO GPE ENGINEERING AND GENERAL CONTRACTOR CORPORATION AT THE BID PRICE OF $720,694.46; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Agenda September 2, 2021 H. 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. I. MOTION AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXPEND $5,000 IN MIAMI-DADE COUNTY COMMUNITY-BASED ORGANIZATION OFFICE (CBO)FUNDS FOR POLICE AND YOUTH ACTIVITIES AS ALLOCATED BY MIAMI-DADE COUNTY COMMISSIONER SALLY HEYMAN, IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE EMERGENCY RELOCATION AND REPLACEMENT OF THE CITY'S CLOSED-CIRCUIT TELEVISION(CCTV)POLE AND RELOCATION OF APPLICABLE CAMERAS ON SAID POLE LOCATED IN THE FDOT RIGHT-OF-WAY AT THE INTERSECTION OF IVES DAIRY ROAD AND BISCAYNE BOULEVARD; AUTHORIZING THE CITY MANAGER TO UTILIZE THE FDOT CONTRACT(BE377)WITH TRANSCORE FOR SAID WORK; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. K. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE CITY OF AVENTURA CITY OF EXCELLENCE SCHOOL: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2021 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 24,2021 ATTACHED HERETO AS ATTACHMENT 1. L. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE DON SOFFER AVENTURA HIGH SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2021 AND TO ACCEPT FOR FILING THAT LETTER DATED AUGUST 25,2021 ATTACHED HERETO AS ATTACHMENT 1. 6. ZONING HEARING — QUASI-JUDICIAL PUBLIC HEARING: None. 7. ORDINANCE — FIRST READING/PUBLIC HEARING: None. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31,"LAND DEVELOPMENT REGULATIONS"OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-145"TOWN CENTER ZONING DISTRICTS"TO PROVIDE FOR A NEW ZONING DISTRICT,"TOWN CENTER OFFICE PARK MIXED USE (TC4) DISTRICT;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 4 Aventura City Commission Regular Meeting Agenda September 2, 2021 B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS"OF THE CITY CODE, BY CREATING CITY CODE SECTION 14-2 "DELIVERY OF ENGINEERING REPORTS CONCERNING COMMERCIAL BUILDINGS", TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT 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 other location as designated on the applicable agenda.Please monitor the City's website for any procedural changes necessitated by the COVID-19 emergency. COMMISSION FIRST BUDGET HEARING—SEPTEMBER 13,2021 AT 6 PM COMMISSION REGULAR WORKSHOP—SEPTEMBER 23,2021 AT 9 AM COMMISSION SECOND BUDGET HEARING—SEPTEMBER 23,2021 AT 6 PM COMMISSION REGULAR MEETING—OCTOBER 5,2021 AT 6 PM COMMISSION REGULAR WORKSHOP—OCTOBER 21,2021 AT 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 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: August 27, 2021 SUBJECT: Approval of Minutes September 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 July and August. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • July 13, 2021 City Commission Regular Meeting • July 22, 2021 City Commission Meeting • July 22, 2021 City Commission Regular Workshop Meeting • August 10, 2021 City Commission Special Meeting Should you have any questions, please contact me. /elh attachments Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR MEETING MINUTES J U LY 13, 2021 6:00 P.M. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:25 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the Local Planning Agency meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Aventura City of Excellence School Update - Principal Tyrkala: To be provided at the July 22, 2021 ACES School Governing Board Meeting. • Don Soffer Aventura High School Update- Principal McKee: To be provided at the July 22, 2021 DSAHS School Governing Board Meeting. • Recognition Award Added by City Manager Wasson: Mr. Wasson provided a humanitarian award to Community Services Director Kimberly Merchant for her efforts in scheduling vaccination appointments for interested residents and non-residents. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Vice Mayor Dr. Marks, seconded by Commissioner Shelley, and passed unanimously by roll call vote. The following action was taken: Aventura City Commission Regular Meeting Minutes July 13, 2021 A. Minutes approved as follows: • June 1, 2021 City Commission Regular Meeting • June 17, 2021 City Commission Regular Workshop Meeting • June 17, 2021 City Commission Special Meeting B. Resolution No. 2021-33 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SUNNY ISLES BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2021-34 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-05-03- 03, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR BISCAYNE BOULEVARD RIGHTS OF WAY TO GRASS ROOTS COMPLETE AKA GRC SERVICES FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2021-35 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-05-18- 3,AVENTURA PARKING GARAGE RESTORATION, TO ONEL CONSTRUCTION, LLC AT THE BID PRICE OF $120,600.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2021-36 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE RECOMMENDATION OF CROWDERGULF JOINT VENTURE, INC. AS THE CITY'S DISASTER RECOVERY SERVICE; AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THE RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 7 Aventura City Commission Regular Meeting Minutes July 13, 2021 F. Resolution No. 2021-37 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO ADOPT AN ORDINANCE REQUIRING DISTRIBUTION OF MUNICIPAL COMMUNICATIONS STATING A POSITION ON COUNTY AGENDA ITEMS TO MEMBERS OF THE BOARD; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. G. Resolution No. 2021-38 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. 2021-043508122-001 FOR GENERAL PROFESSIONAL ENGINEERING SERVICES FOR DUE DILIGENCE ON THE AVENTURA MIDDLE SCHOOL EXPANSION BY AND BETWEEN THE CITY OF AVENTURA AND KIMLEY-HORN AND ASSOCIATES, INC.; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2021-39 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 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 items 6A and 613. RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following Resolution title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-144(C)(2)i OF THE CITY CODE OF ORDINANCES, TO PERMIT THE BUILDING HEIGHT TO EXCEED THE ZONING DISTRICT HEIGHT LIMITATION BY 11 FEET FOR THE PROPERTY LOCATED AT 20955 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Landman. Keven Klopp, Community Development Director, entered the staff report into the record, which recommended approval of the conditional use and variance requests for land Page 3 of 7 Aventura City Commission Regular Meeting Minutes July 13, 2021 located at 20955 Biscayne Boulevard to facilitate development of a mixed-use retail and hotel project by the applicant, subject to the conditions listed. The following provided testimony on behalf of the Applicant (Centtral Aventura LLC): Alan Rosenthal, Esq. — Rosenthal Rosenthal Rasco, LLC (20900 N.E. 30t" Avenue, #600, Aventura) and Jacobo Cababie Dichi (Centtral Aventura LLC — 20900 N.E. 30t" Avenue, #807, 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 (6-1)1, by roll call vote, and Resolution No. 2021-40 was adopted. Mr. Wolpin read the following Resolution title- B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES, REQUESTED BY CENTTRAL AVENTURA, LLC, FROM SECTION 31-144(c)(5)d OF THE CITY CODE TO PERMIT A SIDE YARD SETBACK OF 10 FEET, WHERE THE CITY CODE REQUIRES A 20-FOOT SIDEYARD SETBACK, SECTION 31-171(d)(2) OF THE CITY CODE TO PERMIT TWO LOADING SPACES WHERE THE CITY CODE REQUIRES FOUR LOADING SPACES, AND SECTION 31-144(b)(4) TO PERMIT TWO 12-FOOT WIDE OVERHEAD GARAGE DOORS, WHERE THE CITY CODE PERMITS A MAXIMUM 8-FOOT WIDE OVERHEAD GARAGE DOOR FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT WITH A HOTEL AS WELL AS RETAIL AND RESTAURANT USES, LOCATED AT 20955 BISCAYNE BOULEVARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Vice Mayor Dr. Marks and seconded by Commissioner Landman. Keven Klopp, Community Development Director, entered the staff report into the record, which recommended approval of the conditional use and variance requests for land located at 20955 Biscayne Boulevard to facilitate development of a mixed-use retail and hotel project by the applicant, subject to the conditions listed. The following provided testimony on behalf of the Applicant (Centtral Aventura LLC): Alan Rosenthal, Esq. — Rosenthal Rosenthal Rasco, LLC (20900 N.E. 30t" Avenue, #600, Aventura) and Jacobo Cababie Dichi (Centtral Aventura LLC — 20900 N.E. 30t" Avenue, #807, Aventura). Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. ' The vote reflects the change of Commissioner Narotsky's vote to a"no"as indicated under Item 10 Reports. Page 4 of 7 Aventura City Commission Regular Meeting Minutes July 13, 2021 The motion for approval of the Resolution passed (5-2), by roll call vote, and Resolution No. 2021-41 was adopted. 7. ORDINANCES - FIRST READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE VII"CODE OF ETHICS"OF CHAPTER 2"ADMINISTRATION" OF THE CITY CODE TO IMPLEMENT THE RECENT AMENDMENT OF CITY CHARTER SECTION 7.03(B) PROVIDING FOR ENHANCED ETHICS PROVISIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN CODE;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson reviewed the Ordinance. 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. Mr. Wolpin read the following Ordinance title and incorporated the comments and staff reports from the July 13, 2021 Local Planning Agency meeting into the record- B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS"OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-145 "TOWN CENTER ZONING DISTRICTS" TO PROVIDE FOR A NEW ZONING DISTRICT, "TOWN CENTER OFFICE PARK MIXED USE(TC4)DISTRICT;"PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Evans and seconded by Commissioner Shelley. Keven Klopp, Community Development Director, entered the staff report and comments from the July 13, 2021 Local Planning Agency meeting into the record, which recommended approval of an amendment to Section 31-145, "Town Center Zoning Districts" of the Land Development Regulations to add regulations for a new mixed-use district, the Town Center Office Park Mixed Use (TC4) District, to the section. 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. Page 5 of 7 Aventura City Commission Regular Meeting Minutes July 13, 2021 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2021/22 TO 2025/26 AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Shelley and seconded by Commissioner Narotsky. Mr. Wasson reviewed highlights of the Capital Improvement Program. 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. 2021-42 was adopted. 10. REPORTS: Mr. Wasson reported on the efforts by the City with regards to building 40-year inspections within Aventura, in response to the building collapse in the Town of Surfside. Mr. Wasson recognized the police department, Community Development Director Kimberly Merchant, and Public Works &Transportation Director Joseph Kroll for providing assistance to the Town of Surfside. Mayor Weisman thanked Mr. Wasson and staff for clearing the roads from rainwater. Commissioner Narotsky requested that his vote be changed from a "yes" to a "no" on item 6A. 11. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. No comments were provided by members of the public. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Dr. Marks, seconded by Commissioner Landman, and unanimously approved; thus, adjourning the meeting at 7:37 p.m. Page 6 of 7 Aventura City Commission Regular Meeting Minutes July 13, 2021 Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on September 2, 2021. Page 7 of 7 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION MEETING MINUTES J U LY 22, 2021 FOLLOWING 9:00 A.M. SCHOOL GOVERNING BOARD MEETINGS Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 10.49 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky, Commissioner Robert Shelley, 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. PLEDGE OF ALLEGIANCE: The Pledge was led by interns Carolina Wesley and Morgan Matlaga. Mayor Weisman recognized Florida Senator Jason Pizzo, who was in attendance. Per Mayor Weisman's request and consensus of the City Commission, the following item (Item 4) was taken out of order: ORDINANCE - FIRST READING/PUBLIC HEARING: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 `BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE, TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Mayor Weisman and seconded by Commissioner Friedland. Mayor Weisman provided a brief overview of the Ordinance, which was drafted in response to the building collapse in the Town of Surfside and to be proactive regarding building engineering reports. Aventura City Commission Meeting Minutes July 22, 2021 The Commission discussed the parties to be responsible for providing the reports to the City, penalties, timing requirements, reports to be filed after the effective date, and payment of any fines. Mr. Wasson and Mr. Wolpin explained the Ordinance further including the handling of the City's internal operations by the City Manager, public access to the reports, demand for reports, and life/safety issues. Senator Jason Pizzo provided comments regarding the tragedy in Surfside, the upcoming legislative session in Tallahassee, the Florida Department of Business & Professional Regulation, and in support of the proposed Ordinance. Mayor Weisman opened the item for public comment. The following members of the public provided comments: Steven Weisman (3802 N.E. 207 Street#603, Aventura)and Howard Weinberg (Hidden Bay Condominium, Aventura). There being no additional comments, Mayor Weisman closed the item for public input. A consensus of the City Commission was provided to amend the Ordinance as follows: Section 14-1(a) add language to allow for the designation of a qualified designee by an Association President with required written filing with the City, Section 14-1(b) provide language to add a designee as a responsible person, Section 14-1(c) allow and/or email filing of the report, and add a section outlining the responsibility of the Community Association for the payment of any fines. The motion for approval of the Ordinance as amended passed unanimously, by roll call vote. It was the consensus of the City Commission to schedule the second reading of the Ordinance for August 10, 2021 at 6:00 p.m. 2. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Wasson reviewed the highlights of the budget process for the upcoming year as outlined in the budget message. Mr. Wasson provided an overview of the proposed 2021/2022 budget document, as follows: A. GENERAL FUND: Revenues, General Government Departments (including City Commission, Office of the City Manager, Legal, City Clerk's Office, Finance, and Information Technology), Police Department, Community Development Department, Community Services Department, Public Works/Transportation Department, Arts & Cultural Center Department, Non-Departmental, and Capital Outlay. Mr. Wasson additionally provided an overview for the following funds: (C) Police Education Fund, (D)Transportation and Street Maintenance Fund, (E) 911 Fund, (F) Debt Page 2 of 5 Aventura City Commission Meeting Minutes July 22, 2021 Service Funds, (G) Capital Projects Fund, (H)Aventura Charter High School Construction Fund, (1) Stormwater Utility Fund, and (J) Police Off-Duty Services Fund. A motion to approve the review for the General Fund (A) and additional Funds listed (C- J) to proceed to the Budget Hearings was offered by Commissioner Evans and seconded by Commissioner Friedland. The Commission discussed the budget with the following items highlighted: Aventura's continued lowest millage rate in Miami-Dade County, future review of annual cost of living adjustment for employees, review of providing a receptionist, possibly increasing the amount of park and recreation employees, future personnel salary compensation study, additional income that is anticipated but not noted in the budget (American Rescue Act), and scheduling a workshop when additional money is received for Commission input on how the money should be spent. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve unanimously passed, by roll call vote B. MOTION TO ADOPT RESOLUTION TO ESTABLISH TENTATIVE MILLAGE RATE: Mr. Wolpin read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2021/2022 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET;AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Evans and seconded by Commissioner Landman. Mr. Wasson reviewed the Resolution to establish a millage rate for the 2021/2022 fiscal year of 1.7261 per $1,000 of taxable assessed value. The proposed dates for the budget hearings were presented, as provided in the agenda, as follows: First Budget Hearing September 13, 2021 at 6:00 p.m. and Second Budget Hearing September 23, 2021 at 6:00 p.m. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2021-43 was adopted. Page 3 of 5 Aventura City Commission Meeting Minutes July 22, 2021 3. RESOLUTION: Mr. Wolpin read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S GROUP HEALTH INSURANCE PROGRAM TO UNITEDHEALTHCARE FOR ITS CHOICE PLUS BWRJ WITH RX 124X AND V1458 FOR HEALTH AND VISION INSURANCE AND SELECT AETNA FOR THE EMPLOYEE ASSISTANCE PROGRAM (EAP) AS SPECIFIED IN THE REQUEST FOR PROPOSALS ("RFP"); AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Evans and seconded by Commissioner Friedland. Mr. Wasson discussed the RFP process and the recommendation as provided in his memo and subsequent Resolution. Ruth Tickle, City Broker/Consultant — The Rhodes Insurance Group, and Jorge Godoy, United Healthcare, provided comments. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2021-44 was adopted. 5. ORDINANCE - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE VII"CODE OF ETHICS"OF CHAPTER 2"ADMINISTRATION" OF THE CITY CODE TO IMPLEMENT THE RECENT AMENDMENT OF CITY CHARTER SECTION 7.03(B) PROVIDING FOR ENHANCED ETHICS PROVISIONS; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN CODE;AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Evans and seconded by Commissioner Narotsky. Mr. Wasson provided a brief review of the Ordinance, to implement the changes as approved by the voters at the April 27, 2021 Special Election. Mayor Weisman opened the item for public comment. There being no comments, Mayor Weisman closed the item for public input. Page 4 of 5 Aventura City Commission Meeting Minutes July 22, 2021 The motion for approval of the Ordinance passed unanimously, by roll call vote, and Ordinance No. 2021-12 was adopted. 6. RESOLUTION: Mr. Wolpin read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, URGING PRESIDENT JOSEPH R. BIDEN, JR. AND THE BIDEN ADMINISTRATION TO CONDEMN THE CUBAN GOVERNMENT'S HANDLING OF THE PRO-DEMOCRACY PROTESTS AND SUPPORT THE CUBAN PEOPLE IN THEIR STRUGGLE FOR FREEDOM AND BASIC NEEDS;EXPRESSING SUPPORT FOR THE CUBAN PEOPLE'S STRUGGLE FOR DEMOCRACY AND BASIC NEEDS AND DENOUNCING THE CUBAN DICTATORSHIP'S VIOLENCE AGAINST THE CUBAN PEOPLE; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Friedland and seconded by Commissioner Dr. Marks. Mayor Weisman reviewed the Resolution provided and sponsored in Miami-Dade County by Senator Rene Garcia, County Commissioner. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion to approve the Resolution unanimously passed, by roll call vote, and Resolution No. 2021-45 was adopted. 7. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Narotsky, seconded by Commissioner Dr. Marks, and unanimously approved; thus, adjourning the meeting at 12:46 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on September 2, 2021. Page 5 of 5 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MEETING MINUTES J U LY 22, 2021 Following 9:00 a.m. School Governing Board Mtgs. and Commission Mtg. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. Call to Order/Roll Call: The meeting was called to order by Mayor Enid Weisman at 12:58 p.m. The following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky', City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Robert Shelley was absent. As a quorum was determined to be present, the meeting commenced. 2. Discussion: Electrical Vehicle Transportation — Freebee (City Manager): Mr. Wasson provided a brief update on the pilot program, which is in its seventh week. The Commission discussed enhancing the application to be more user-friendly similar to Uber, using transportation dollars towards the program, reviewing the ridership amounts for both the City shuttle bus and Freebee, possible future expansion of the Freebee route, and increasing awareness of the program. City Manager Summary: It was the consensus of the City Commission to place this item on the November Workshop for further review and discussion. 3. Discussion: Miami-Dade County Ordinance Amending Chapter 33C of the Miami-Dade County Code Expanding the Rapid Transit Zone in Incorporated and Unincorporated Areas (City Manager): Mayor Weisman discussed the proposed ordinance, prime sponsored by Miami-Dade County Vice Chairman Oliver G. Gilbert, III. Keven Klopp, Community Development Director, reviewed a brief analysis of the impacts of the County's proposed ordinance including density and a new taxing district that would include all of Aventura. Mr. Wasson discussed the County's attempt to regulate/rezone the area and explained the importance of the unity of cities to protect home rule. City Manager Summary: This item was provided for informational purposes, with future updates to be provided. ' Commissioner Narotsky left the meeting during the discussion of Item 2. Aventura City Commission Regular Workshop Meeting Minutes—July 22, 2021 4. Review: Recommendation to Appoint Members and Alternates to the 2021- 2022 Youth Advisory Board (City Manager): Mr. Wasson explained the application and interview process. The list of recommended members and alternates was reviewed. The Commission discussed possibly limiting the members/alternates to 11t" and 12tn graders in the future, placing a review of the ordinance on the next workshop agenda, and providing ideas for this year's project. City Manager Summary: It was the consensus of the City Commission to place a resolution on the September Commission Meeting Agenda appointing the Board members and alternates as recommended by Mr. Wasson. The students will be invited to the September Commission Meeting to receive their certificates of appointment. 5. Discussion: Covid-19 Vaccine Outreach (Vice Mayor Dr. Marks): Vice Mayor Dr. Marks suggested that the City be more proactive and have an initiative to encourage residents to get vaccinated. The Commission discussed different ways to promote the vaccine, as well as being a part of the County's initiative. Carolina Wesley, City intern and resident, provided comments. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to continue to explore ways to encourage vaccination participation and come up with a plan for the City to be more proactive. 6. Discussion: Request to Change November 18t" Workshop Meeting Date to November 10t" (Vice Mayor Dr. Marks): Vice Mayor Dr. Marks requested that the November Workshop Meeting date be changed to November 10tn The Commission considered alternate available dates. City Manager Summary: It was the consensus of the City Commission to change the November Commission Workshop Meeting from November 18, 2021 to November 4, 2021 at the same time of 6:00 p.m. 7. Discussion: Community Services Advisory Board (Vice Mayor Dr. Marks): Vice Mayor Dr. Marks requested a discussion on the Board's duties regarding events versus those of the Aventura Police Department Community Advisory Panel (CAP) and the Aventura Police Foundation (APF). Mr. Wasson discussed the CAP, which was formed to enhance the community's relationship with the Police Department. It was explained that certain events were done by the CAP in 2020, when City events were canceled due to the pandemic. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—July 22, 2021 The Commission provided suggestions on smaller events that could be done and the need for improved coordination between the entities discussed to provide additional events for the community. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to implement a plan to provide better coordination between the Police Department, the CAP, the APF, and the Community Services Advisory Board for events. Additionally, Mr. Wasson was requested to plan something to recognize the City's volunteers. Per Vice Mayor Dr. Marks' request and consensus of the City Commission, the following item was added to the agenda: Communication: Vice Mayor Dr. Marks discussed the need for enhanced notification to condominium and homeowner associations for City items including updated social media platforms not limited to postings on the website. Mr. Wasson discussed a system that was being looked at to increase communication efforts via text messaging. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to continue working on improved communication efforts to the community, with the assistance of Commissioner Landman as needed. 8. Adiournment: There being no further business to come before the Commission, the meeting was adjourned by consensus at 2:28 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on September 2, 2021. Page 3 of 3 Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION SPECIAL MEETING MINUTES AUGUST 10, 2021 6:00 P.M. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid Weisman', Vice Mayor Dr. Linda Marks, Commissioner Jonathan Evans, Commissioner Rachel S. Friedland, Commissioner Denise Landman, Commissioner Marc Narotsky2, Commissioner Robert Shelley3, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weisman. 3. ORDINANCE - SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 `BUILDINGS AND BUILDING REGULATIONS"OF THE CITY CODE, BY CREATING CITY CODE SECTION 14- 1 "DELIVERY OF ENGINEERING REPORTS",TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Mayor Weisman and seconded by Commissioner Narotsky. The Commission discussed the Ordinance with the following items highlighted: designation of a designee, designee form submittal and approval, timing for filing of the report, responsible party for fines, confirmation of receipt of the report, code enforcement process, and hand delivery requirements. Mr. Wasson and Mr. Wolpin provided information on the Ordinance. A motion to amend 14-1(c) of the Ordinance to provide for the filing of the report within 48 hours in lieu of 24 hours was offered by Commissioner Landman and seconded by ' Participated via virtual communications media technology. 2 Participated via virtual communications media technology. 3 Participated via virtual communications media technology. Aventura City Commission Special Meeting Minutes August 10, 2021 Commissioner Shelley. The motion to amend passed (5-2) by roll call vote, with Mayor Weisman and Commissioner Narotsky voting no. 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 as amended passed unanimously, by roll call vote, and Ordinance No. 2021-13 was adopted. 4. ORDINANCE — FIRST READING/PUBLIC HEARING: Mr. Wolpin read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 `BUILDINGS AND BUILDING REGULATIONS"OF THE CITY CODE, BY CREATING CITY CODE SECTION 14- 2 "DELIVERY OF ENGINEERING REPORTS CONCERNING COMMERCIAL BUILDINGS", TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Mayor Weisman and seconded by Commissioner Shelley. Mr. Wasson reviewed the Ordinance. Consensus of the City Commission was provided to amend 14-2(c) of the Ordinance to provide for the filing of the report within 48 hours in lieu of 24 hours. 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. REPORTS: Vice Mayor Dr. Marks reported on the attendance of the Town of Surfside officials at the recent Aventura Marketing Council meeting and their emphasis on putting residents first. It was noted that special meetings for the school governing boards were scheduled for August 17, 2021 at 10:00 a.m. Page 2 of 3 Aventura City Commission Special Meeting Minutes August 10, 2021 5. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Landman, seconded by Commissioner Narotsky and unanimously approved; thus, adjourning the meeting at 6:36 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on September 2, 2021. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 27, 2021 SUBJECT: Resolution Appointing Members and Alternates to the 2021-2022 Youth Advisory Board (Revised 8/30/21) September 2, 2021 City Commission Workshop Agenda Item 5B RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing the following students to serve as members and alternates for the City's Youth Advisory Board during the 2021-2022 school year: BOARD MEMBERS Lev Avidan** 12t" MAST FIU Valentina Baredes 12t" MAST FIU Chloe Freitas 12t" MAST FIU Tomas Lado* 12t" Krop Tarn Shein 11t" DSAHS Jade Stein 11t" DSAHS Carolina Wesley 12t" MAST@FIU BOARD ALTERNATES Ethan Bazak 10t" DSAHS Catherine Bello 10t" MAST FIU Michael Briskin 10t" DSAHS Lea Goldenberg 10t" FAU High Tomas Della Torre* 12t" Kro Isabella Koopman* 11t" Pinecrest Constance Pimentel 11t" DSAHS Megan Shein 11t" DSAHS * New member or alternate. ** New member that served as an alternate the prior year. RJW/act Attachment CCO1996-21 CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD TO SERVE DURING THE 2021-2022 SCHOOL YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-211 of the Aventura City Code provides for the creation of the Youth Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Youth Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Youth Advisory Board during the 2021-2022 school year: Lev Avidan Valentina Baredes Chloe Freitas Tomas Lado Taryn Shein Jade Stein Carolina Wesley City of Aventura Resolution No. 2021- Alternates* Ethan Bazak Catherine Bello Michael Briskin Lea Goldenberg Tomas Della Torre Isabella Koopman Constance Pimentel Megan Shein * Alternate members shall only vote as members of the Board when one or more other members are absent or unable to vote on a matter. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 2nd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY: Joseph S Kroll, Public Works/Transportation Director DATE: August 27, 2021 SUBJECT: Bid No. 21-07-26-3 City of Aventura Government Center Landscape Maintenance Services September 02, 2021 City Commission Meeting Agenda Item 5C RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 21-07-26-3 City of Aventura Government Center Landscape Maintenance Services to the lowest responsible and responsive bidder; Grass Roots Complete, LLC aka GRC Services with a bid of$37,370.00 annually. BACKGROUND The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Thursday, August 057 2021 at 3 PM. Three qualified bids were received as follows: Grass Roots Complete, LLC aka GRC Services $37,370.00 Annually BrightView Landscape Services, Inc. $41,958.08 Annually SFM Services, Inc. $78,775.00 Annually Exhibit "A" Bid Tabulation Sheet JSK/gf JSK21018 CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-07-26-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER, TO GRASS ROOTS COMPLETE, LLC AKA GRC SERVICES FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. 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 bids for BID NO. 21-07-26-3 CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Grass Roots Complete, LLC aka GRC Services has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 21-07-26-3, CITY OF AVENTURA LANDSCAPE MAINTENANCE SERVICES FOR THE GOVERNMENT CENTER is City of Aventura Resolution No. 2021- hereby awarded to Grass Roots Complete, LLC aka GRC Services at the bid price as contained in the attached bid documents. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the party embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. 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 bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number account no. 001-5401-541.34-50. 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 2nd day of September, 2021 ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA AVENTURA GOVERNMENT CENTER LANDSCAPEINSERVICES € *21-07-218-3 Sit?TAB ILATIO Sid Ow after 3:00 PI1q®n TPluTgda .ALttlst 5,2tI21 TWAL.tiO",m"P PER Bidder Item 0 'Destription 12 MONTHS ventum ovar mment Ctr Lundseape Maintenance SFM SERVICES, Services within the SCW of INC. 1 this project 72 2SO.(01 Merit Soil Drench for Royal Palms 2 hire applwation Pau Application indudIng follow up per-.ear} 75.00 a,29 Royal Pnlrru-S 2,37SfOO TOTAL '.. 3 Merit Spray for Royal PWms ;Per fLpplic�um _ _. ... ._ inane avvucatuw mcwemn9 farrow up Per r1'... LSCLOG z 29 Royal Pufms=UAW TOTAL 7 T6Tdtt.BASE IND $79,775M TOTAL COST PER Bidder Roman R besc+i0on 12 MONTHS GRASSROOTS Iaua Rfa" COMPLETE,LLC. Services within fhc Scope of aka GRC,SERVICES t thinpfo*t $ 35,SfC6 Moot Soul Drench fan`6[oya l Palms 3 (One application Per Apoicaf rmn Including follow u pzr Yea $Aka a 29"at aI Palms 4 _31ATOTAL d Ment Spray for Royal Palms Per Applmcalion (One ap _ including follow up per yearl $i.S.op sc 29 Royal Palms $A3S.tai TOTAL W BID _... __ _.. TOTAL COST MR S(dder Item R Oeasripiden 12 MONTHS BRIC,1#TVI Aveulum Government Ctr Landscape Maintenance LANDSCAPE Seraices widlin the Scope of SERVICES,INC. 3 thisprto*t $ 40,91A;f36. _ Merft SW Drench for Royal Paints .. 3 (One applicalCtrrn Per Apj4ication loduding,fallow up,per Veary x 29 of PaNns r S 2 deTOTAL 4 _. Merit sway for Royat'f'atms Per Applicat(ton _. (tineep- hmxlutfdn(flolk . uppr*! $ x 29 I Palms $S TOTAI TOTAL DAM BiD .$EMS!Ak8 Page I of 3 CITY OF AVENTURA AVENTURA GOVERNMENT CENTER LANDSCAPE MAINTENANCE SERVICES Rid#21-07-26- --iFtanik 'Bldder -_.-Baste Bid _ 2 GRASS RGO TS COMPLETE,ILLC $37,37a0 aka GRC SERVICES 2 BRIG'HTdlEWLANDSrCAPE $41.358.4 SERVICES IINC. 3 SFM Servi s,Inc $75,775. Offers listed from the vendors herein are the only offers received tirneiy as of the above opening date and time, All other offers submitted in response to this solicitation,if any,are hereby rejected as late. Name: baud: Indra Sarid- 87a d2 Page 2-oi.2 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager(9L BY: Joseph S Kroll, Public Works/Transportation Director `0 DATE: August 27, 2021 SUBJECT: Bid No. 21-07-27-3 City of Aventura Custodial Services for the Aventura City of Excellence School September 02, 2021 City Commission Meeting Agenda Item 5D RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 21-07-27-3 City of Aventura Custodial Services for the Aventura City of Excellence School to the lowest responsible and responsive bidder; Amer-Plus Janitorial Maintenance, LLC with a bid of$149,998.68 annually. BACKGROUND The bidding process was in accordance with the City's Purchasing Ordinance. Bids for this maintenance contract were solicited, advertised and opened on Tuesday, July 27, 2021 at 3 PM. Four qualified bids were received as follows- Amer-Plus Janitorial Maintenance, LLC $149,998.68 Annually Kleen-Tech Services, LLC $152,060.00 Annually Marsden Services Clean Space, Inc. $151,432.52 Annually SFM Services, LLC $251,940.00 Annually Exhibit "A" Bid Tabulation Sheet JSK/gf JSK21019 CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-07-27-3 CITY OF AVENTURA CUSTODIAL SERVICES FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL TO AMER- PLUS JANITORIAL MAINTENANCE, LLC FOR THE INDIVIDUAL BID PRICE AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACT; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. 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 bids for BID NO. 21-07-27-3 CITY OF AVENTURA CUSTODIAL SERVICES FOR THE AVENTURA CITY OF EXCELENCE SCHOOL; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's invitation to bid/notice to bidders, specifications, proposals and requirements for the project/work as cited above; and WHEREAS, staff has determined that Amer-Plus Janitorial Maintenance, LLC has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 21-07-27-3, CITY OF AVENTURA CUSTODIAL SERVICES FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL is hereby awarded to Amer-Plus Janitorial Maintenance, LLC at the bid price as contained in the attached bid documents. City of Aventura Resolution No. 2021- Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the party embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. 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 bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 190-6008-569-4620. 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED AND ADOPTED this 2nd day of September, 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 -W C, �,. 68 wi m Ul LL 61 00 lw fy J r m a i a e a 6A) a J m n�a '^ ad Ln r, [� < d C6 w e a� Oz3 $ C y > 7 3 as � it In > u QSA EL IM a �s us �s If cd oc L. ° d � � � � cn of � u7 �� �'-• C.3 ul " ul LA y cc9 bJ °40 IT C6 �r c CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 27, 2021 SUBJECT: Resolution Approving Florida Memorandum of Understanding Relating to Opioid Litigation September 2, 2021 City Commission Meeting Agenda Item 5E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving the Florida Memorandum of Understanding (the "MOU") with the State of Florida and participating local government units for the allocation and use of opioid settlement funds to abate and resolve the opioid epidemic. BACKGROUND Various local governments have proposed a unified plan for the allocation of settlement dollars related to opioid litigation. The participation in the MOU will increase the amount of funds to Florida, therefore improving the Sate's bargaining position during additional settlement negotiations. Failure to participate in the MOU will reduce available funds to the State, the City and other Florida local governments. The adoption of the Resolution is in the best interest of the City and its residents by allowing the receipt of funds for the harms suffered due to the opioid epidemic. If you have any questions, please feel free to contact me. RJW/act Attachment CCO2000-21 CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE FLORIDA MEMORANDUM OF UNDERSTANDING WITH THE STATE OF FLORIDA AND OTHER PARTICIPATING LOCAL GOVERNMENT UNITS FOR THE ALLOCATION AND USE OF OPIOID SETTLEMENT FUNDS TO ABATE AND RESOLVE THE OPIOID EPIDEMIC; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") has suffered harm from the opioid epidemic; and WHEREAS, the City recognizes that the entire State of Florida has suffered harm as a result of the opioid epidemic; and WHEREAS, the State of Florida has filed an action pending in Pasco County, Florida, and a number of Florida municipalities and counties have also filed an action In Re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation"); and WHEREAS, the State of Florida and lawyers representing certain various local governments involved in the Opioid Litigation have proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation; and WHEREAS, the Florida Memorandum of Understanding (the "MOU") sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds and it is anticipated that formal agreements implementing the MOU will be entered into at a future date; and WHEREAS, participation in the MOU by a large majority of Florida municipalities and counties will materially increase the amount of funds to Florida and should improve Florida's relative bargaining position during additional settlement negotiations; and WHEREAS, failure to participate in the MOU will reduce funds available to the State, the City, and other Florida local governments; and WHEREAS, the City finds that participation in the MOU is in the best interest of the City and its citizens in that such plan ensures that almost all of the settlement funds will be allocated to abate and resolve the opioid epidemic and that every municipality and county receives funds for the harms suffered due to the opioid epidemic; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. City of Aventura Resolution No. 2021- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. Approval. That the City Commission hereby approves the MOU, in substantially the form attached hereto as Exhibit "A." Section 3. Authorization. That the City Manager is hereby authorized to execute the MOU, in substantially the form attached hereto as Exhibit "A," and any required or related agreements, amendments, or documents which are required to implement the purposes of this Resolution and the MOU, subject to the approval of the City Attorney as to form, content, and legal sufficiency. Section 4. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution and the MOU. Section 5. Transmittal. That the City Commission hereby directs the City Clerk to transmit a copy of this Resolution to the Florida Attorney General Ashley Moody, the Florida League of Cities, the Miami-Dade County League of Cities, and all municipalities in the County. Section 6. Effective Date. That this Resolution shall be effective immediately upon 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 2nd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 PROPOSAL MEMORANDUM OF UNDERSTANDING Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment and other related programs and services, such as those identified in Exhibits A and B, and to ensure that the funds are expended in compliance with evolving evidence-based"best practices"; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties' agreements, enter into this Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties' agreements. A. Definitions As used in this MOU: 1. "Approved Purpose(s)" shall mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence-based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. "Local Governments" shall mean all counties, cities, towns and villages located within the geographic boundaries of the State. 3. "Managing Entities" shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor ("DCF") to manage the 000003/01288125_1 daily operational delivery of behavioral health services through a coordinated system of care. The singular"Managing Entity" shall refer to a singular of the Managing Entities. 4. "County" shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. "Municipalities" shall mean cities, towns, or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular "Municipality" shall refer to a singular of the Municipalities. 6. "Negotiating Committee" shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, "Members") within the State. The State shall be represented by the Attorney General or her designee. 7. "Negotiation Class Metrics" shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at https://allocationmap.iclaimsonline.com. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. "Parties" shall mean the State and Local Governments. The singular word "Party" shall mean either the State or Local Governments. 11. "PEC" shall mean the Plaintiffs' Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. "Pharmaceutical Supply Chain" shall mean the process and channels through which Controlled Substances are manufactured, marketed,promoted, distributed or dispensed. 13. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 14. "Population" shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov 15. "Qualified County" shall mean a charter or non-chartered county within the State that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities' total population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. "SAMHSA" shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 17. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (13)(1)below. 18. "State" shall mean the State of Florida. B. Terms 1. Only Abatement- Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall be utilized for Approved Purposes. To accomplish this purpose, the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) ("Order"). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services ("Core Strategies"). The State is trying to obtain the United States' agreement to limit or reduce the United States' ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. 3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be distributed according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) City/County Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government's share of the City/County Fund under the Negotiation Class Metrics, if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Regional Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties agree upon. (ii) For Qualified Counties, the Qualified County's share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies on counties within the State that are non-Qualified Counties and to ensure that there are services in every County. (c) State Fund - The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial deposit. 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter"Taskforce" or"Council") to advise the Governor, the Legislature, Florida's Department of Children and Families ("DCF"), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) Appointments State - (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Term - Members will be appointed to serve a two-year term. (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting- The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on how monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the Governor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (i) Accountability_- Prior to July 1st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of the Local Government shall report its expenditures to DCF no later than August 31 st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall be audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. (j) Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute §112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund ("Administrative Costs") and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non-Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi-state negotiation, the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 9. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein "Expense Fund") shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys' fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expense Fund- The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: Litigating Local Government Amount that shall be paid Participation in the into the Expense Fund Settlement(by percentage of from (and as a percentage the population) of)the City/County fund 96 to 100% 10% 91 to 95% 7.5% 86 to 90% 5% 85% 2.5% Less than 85% 0% If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the MOU shall be null and void. (c) The Timing of f Payments into the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): $1,000 Litigating Local Government Participation: 100% City/County Fund (over 10 to 18 years): $150 Expense Fund(paid over 2 years): $15 Amount Paid to Expense Fund in 1 st year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in 1 st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation of and Jurisdiction over the Expense Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the MOU, by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida, in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018-CA-001438 (the "Court"). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Payments to Counsel from the Expense Fund- As part of the order establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third-neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government's share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Antonio F. Tomei, Capital Projects Manager THRU: Joseph S. Kroll, Pubic Works/Transportation Director DATE: August 27, 2021 SUBJECT: Bid No: 21-05-18-3 —Aventura Parking Garage Restoration September 2, 2021 City Commission Meeting Agenda Item 5F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 21-05-18-3, Aventura Parking Garage Restoration to the lowest responsible and responsive bidder, One Source Restoration & Building Services, Inc. for the price of $238,683.00. This project will be funded by Budget Line Item Number 001-8090-590.62- 06 Buildings / Garage Improvements. BACKGROUND At the request of staff, on January 7, 2021, the City's Engineer— Kimley-Horn conducted a site visit to evaluate the structural condition of our 3-level parking garage. As a result of their inspection, they found some structural defects which were addressed in their letter dated March 15, 2021 (attached). At that time, they had recommended that the detailed repairs outlined in their Garage Restoration construction documents on February 23, 2021 be made within 6-12 months in order to: 1. Maintain the structural integrity of the existing parking garage 2. To prevent further deterioration; and to 3. Avoid further costs In accordance with the City's Purchasing Code, bids for this project were solicited, advertised, and opened on May 18, 2021. The City received eight (8) bids for this project which are listed below in order from lowest to highest. 1 • Onel Construction, LLC *$ 120,600.00 • One Source Restoration & Building Services, Inc. $ 238,683.00 • Arkest, LLC $ 294,990.92 • Contracting Specialists — South East $ 299,832.98 • Tadeos Engineering $ 308,299.98 • Restocon Corporation $ 363,610.00 • Merit Construction Services, Inc. $ 456,780.00 • Naysac Corporation dba Conemcon Consultants $ 557,962.45 *On August 16, 2021, the City found One[ Construction, LLC in default due to failure to execute the Contract (Agreement) and provide the required Performance Bond, Payment Bond, and Certificate of Insurance within ten (10) calendar days of Notice of Award by the City. Therefore, the City will move forward on award to the 2nd lowest bid submitted by One Source Restoration & Building Services, Inc. This bid price allows for the furnishing of all design, labor materials, tools, equipment, machinery, superintendence, mobilization, installations and services necessary for the restoration of the existing City parking garage. This project has been declared as an emergency by the City Manager in order to expedite the necessary repairs. Since this project was not anticipated or considered in the current year budget, funding for this project will be provided from available reserve funds which will be incorporated into the year-end budget amendment. The amendment is expected to be ready for first reading in November 2021. If you have any questions or need any additional information, please feel free to contact me. 2 Klmley))) Horn August 19, 2021 City of Aventura Antonio Tomei, Capital Projects Manager 19200 West Country Club Drive Aventura, FL 33180 Re: City of Aventura 19200 West Country Club Drive. Parking Garage Restoration City ofAventura Bid No. 21-05-18-3 Updated Bid Recommendation 043508121 Dear Mr. Tomei: The City of Aventura(City) advertised the 19200 West Country Club Drive Parking Garage Restoration Project on April 16,2021. A pre-bid meeting was held on April 29,2021 to discuss the project with potential bidders, and on May 18,2021 bids were publicly opened and read. On July 19, 2021 the City provided the Notice of Award to the lowest bidder, Onel Construction,LLC. However, on August 16,2021 the City found Onel Construction,LLC in default due to failure to execute the Contract(Agreement) and provide the required Performance Bond,Payment Bond,and Certificate of Insurance within ten (10)calendar days of Notice of Award by the City. For this reason, a second evaluation of the bids has been performed. The project primarily includes concrete restoration and waterproofing of the 3-level parking garage located at 19200 West Country Club Drive. The following is a bid summary of the Total Bid Amounts for the 8 bidding contractors: I. Onel Construction,LLC(Found in Default) $ 120,600.00 2. One Source Restoration&Building Services,Inc. $ 238,683.00 3. Arkest,LLC $ 294,990.92 4. Contracting Specialists Inc—South East $ 299,832.98 5. Tadeos Engineering $ 308,299.98 6. Restocon Corporation $ 363,610.00 7. Merit Construction Services, Inc. $ 456,780.00 8. Naysac Corporation dba Conemcon Consultants $ 557,962.45 A Bid Tabulation is attached for reference. Kimley-Horn has been asked to review the bids and provide another recommendation of award. Based on the results of the bid,the apparent second low bidder is One Source Restoration& Building Services,Inc with a total bid amount of$238,683.00. The Florida DBPR Online Services website shows a Certified General Contractor(GC)license currently registered with the Florida Department of Business and Professional Regulation for Mouzon, Leslie Warren who is listed as the Executive Vice President of One Source Restoration& Building Services, Inc. Kimley-Horn called two (2) references provided by the Contractor. As of this date,the two (2)references were generally satisfied City of Aventura Klmley))) Horn 19200 West Country Club Drive.Parking Garage Restoration Bid Recommendation,Page 2 with the Contractor's performance and would utilize their services again. As a result,the recommendation is to award this contract to One Source Restoration& Building Services,Inc as the second lowest,responsive bid. One Source Restoration&Building Services,Inc bid is $80,317.00 below the estimated project budget of$319,000.00. The schedule of this contract is an important element of the project. Therefore, there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule.The schedule is to have all work completed within 150 calendar days from the Notice to Proceed date. The liquidated damages are set at$1,000.00 per day. I would like to thank the City of Aventura for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information,please contact me at 561-840-0203. Sincerely, KIMLEY-HORN&ASSOCIATES, INC. r Hanniah Rodriguez,P.E. Project Manager a a 1 i 1 1 cl p L E m o ® Q W ai 4 4 4) Qr Ni Ni d m m 0 � a) m a) p U) 0 cc Z O p 0 N O_ ZCL co 0 LO m O ® 0 Q � a p f C� Z ~ O ~ Z J U) U) W N U) UN U) O a co Q m N ® Z LL Q U t2, Q Y _0 > c O ® zmM B > o � m v � U Q 0 22 a) Q Q m O O LO co co O O i W d >; .= Q O co Cl Cl) 00 O C I-- = co � t0 tg O� N C t0 t� �,,� 0 . CD LZ Q J C,)06 N_ U) co a) (D i? 00 0 Q ,� ® 6R? EA �O d4 tf} ER z m ~ v m (6 — 0 a) a C 3 tU a. Z cts � O } M ® Z O `o voice U) ct5 c c � Z Z OQ UQ Q z a) o � 0 -a ® W O �- n_ W ® ai as r H- Q O L " WU = ® � Wto c c ® � � a- z ZC.D O W(j o � a) U J Uw N 0o zzco U coZ � � Q J Q_ � z U0 Wt~3w ® � N N E rn cn O ? 0 d 2 0 W -- p v _v � v cu W co p J N W W > Ly wJ w y- z pz0 cn � � ai L- 0- z � z QO QOCO W Ww 0 0 � Q 0m 0 z0 1- 0 cc 2cn 0 o SECTION 00410 REVISION One Source Restoration SCHEDULE OF VALUES-BIDDER'S COMPANY NAME: & :Huildin ;Services Inc Time to Substantial Completion: 120 calendar days upon issuance of the Notice to Proceed. Time to Final Completion: 30 calendar days. TOTAL CONTRACT TIME= 150 CALENDAR DAYS Pay Estimated Item (quantity Description Unit Unit Price Extended Price 0.0 GENERAL 0.1 1 General Conditions LS 37,694.00 37,694.00 0.2 1 Contingency L, ` 0.00 0.00 0.3 1 Permit Allowance AL 0.00 0.00 1.0 CONCRETE REPAIRS 1.1 4,497 Floor Crack LF 4.00 =17,98:88.00 1.2 167 Floor Spall SF 89.00 14,863.00 1.3 9 Overhead Floor Spall SF 244,00 2196.00 1.4 3 Column Spall SF 227.00 681.00 1.5 115 Spandrel Spall SF 168.00 19 320.00 1.6 55 f Exposed Rebar SF 34.00 1,870.00 1.7 2 Overhead Exposed Rebar qSF 583.00 1,166.00 1.8 948 Concrete Overlay 33.00 31,284.00 1.9 150 Wash Replacement 51.00 7,650.00 2.0 SEALANTS 2A 3,400 Cove Sealant LF 5.03 17,102.00 2.2 2,370 Vertical Sealant LF 8.00 18,960.00 2.3 50 Horizontal Sealant LF 13.00 650.00 2.4 4,190 Double-Tee Joint Sealant LF 4.10 17,179.00 2.5 4,220 Tool Joint Sealant LF 3.10 13,082.00 3.0 WATERPROOFING 3.1 560 Deck Coating Replacement SF 5.75 3,220.00 3.2 87,100 Powerwash SF 0.17 14,807.00 3.3 31,190 Penetrating Sealer SF 0.30 9,357.00 4.0 GENERAL 4.1 476 Wheel Stop Removal_ Each 8.00 560.00 4.2 Sign Repair Each 322.00 644.00 4.3 Cap &Anchor Bolt Repair Each 37.00 2,442,00 4.4 7 Light Pole Anchor Bolt Repair Each 80.00 560.00 4.5 208 Striping Space 26.00 5,408.00 TOTAL EXTENDED PRICE $238,683.00 CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-05-18-3, AVENTURA PARKING GARAGE RESTORATION, TO ONE SOURCE RESTORATION & BUILDING SERVICES, INC. AT THE BID PRICE OF $238,683.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 21-05-18-3, Aventura Parking Garage Restoration; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that One Source Restoration & Building Services, Inc. has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 21-05-18-3, Aventura Parking Garage Restoration, is hereby awarded to One Source Restoration & Building Services, Inc. in the amount of$238,683.00. City of Aventura Resolution No. 2021- Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. 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 bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-8090-590.62-06. Section 5. This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 2nd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission _ FROM: Ronald J. Wasson, City Manager BY: Antonio F. Tomei, Capital Projects Manager THRU: Joseph S. Kroll, Pubic Works/Transportation Director DATE: August 27, 2021 SUBJECT: Bid No: 21-08-09-3 —Yacht Club Drive Drainage Improvements September 2, 2021 City Commission Meeting Agenda Item 5G RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 21-08-09-3, Yacht Club Drive Drainage Improvements to the lowest responsible and responsive bidder, GPE Engineering and General Contractor Corporation for the price of $720,694.46. This project will be funded by Budget Line Item Number 410-5401-538.63- 06. BACKGROUND In accordance with the City's Purchasing Code, bids for this project were solicited, advertised, and opened on August 9, 2021. The City received seven (7) bids for this project which are listed below in order from lowest to highest. • GPE Engineering & General Contractor $720,694.46 • National Concrete & Paving $743,824.50 • Quality Paving Corporation $750,449.70 • Pabon Engineering $765,527.50 • Sun Up Enterprise $786,171.25 • Star Paving Corporation $845,930.61 • Marcdan, Inc. $880,556.00 This bid price allows for the furnishing of all labor, materials, tools, equipment, machinery, superintendence, mobilization, installations and services necessary for the roadway 1 resurfacing and drainage improvements of Yacht Club Drive in addition to reinstallation of curbing and signage. If you have any questions or need any additional information, please feel free to contact me. 2 Klmley)))Horn August 19, 2021 City of Aventura Antonio Tomei, Capital Projects Manager 19200 West Country Club Drive Aventura, FL 33180 Re: City ofAventura Yacht Club Drive Drainage Improvement City ofAventura Bid No. 21-08-09-3 Bid Recommendation 043508019 Dear Mr. Tomei: The City of Aventura(City) advertised the Yacht Club Drive Drainage Improvement Project on July 9, 2021. A pre-bid meeting was held on July 21, 2021 to discuss the project with potential bidders, and on August 9, 2021 bids were publicly opened and read. The project primarily includes the installation of drainage improvements along Yacht Club Drive. The project also includes roadway, curbing and sidewalk restorations. The following is a bid summary of the Total Bid Amounts for the seven bidding contractors: 1. GPE Engineering & General Contractor Corporation $ 720,694.46 2. National Concrete &Paving $ 743,824.50 3. Quality Paving Corporation $ 750,449.70 4. Pabon Engineering $ 765,527.50 5. Sun Up Enterprise $ 786,171.25 6. Star Paving Corporation $ 845,930.61 7. Marcdan, Inc. $ 880,556.00 A Bid Tabulation is attached for reference. Kimley-Horn has been asked to review the bids and provide a recommendation of award. Based on the results of the bid,the apparent low bidder is GPE Engineering & General Contractor,with a total bid amount of$720,694.46. The Florida DBPR,online services website, shows a Certified General Contractor(GC) license currently registered with the Florida Department of Business and Professional Regulation for Antonio Reyes,who is listed as the President of GPE Engineering& General Contractor Corporation. Kimley-Horn called five (5)of the references provided by the contractor. As of this date,three (3)of the references have not returned our call, and the other two (2) references were generally satisfied with the Contractor's performance and would utilize their services again. As a result,the recommendation is to award this contract to GPE Engineering& General Contractor Corporation as the lowest,responsive bid. City of Aventura Klmley)))Horn Yacht Club Drive Drainage Improvements Bid Recommendation,Page 2 GPE Engineering & General Contractor Corporation bid is $720,694.46. As a result,the contractor is $5,131.96 above the estimated project budget of$715,562.50. The schedule of this contract is an important element of the project. Therefore, there is a liquidated damages section of the contract that can be enforced if the Contractor's actual construction activities extend beyond the proposed schedule. The schedule is to have all work completed within 90 calendar days from the Notice to Proceed date. The liquidated damages are set at $1,000.00 per day. I would like to thank the City of Aventura for their assistance in bidding this project, and we look forward to proceeding into the construction phase. If you have any questions or need any additional information,please contact me at 954-535-5133. Sincerely, KIMLEY-HORN AND ASSOCIATES,INC. / Y ,Y Stefano Viola,P.E. Project Manager Copy To: File K:ATTL_Civit\043 jobs\043508109-Yacht Club Dr DrainageAComtniction\Bid Docs\Bids Received City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 2nd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 SECTION 00410 GPE Engineering & General SCHEDULE OF VALUES —BIDDER'S COMPANY NAME: Contractor Corp. Time to Substantial Completion: 180 calendar days upon issuance of the Notice to Proceed. Time to Final Completion: 30 calendar days. TOTAL CONTRACT TIME = 210 CALENDAR DAYS Pay Estimated Extended Item Quantity Description Unit Unit Price Price GENERAL 100 1 Mobilization (5% of Construction Cost) LS 29,339.86 29,339.86 101 1 Maintenance of Traffic (5% of Construction LS 29,339.86 29,339.86 Cost 102 1 Storm Water Pollution Prevention LS 13,000.97 13,000.97 103 1 Clearing and Grubbing LS 2,400.20 2,400.20 104 1 Demolition LS 22,514.12 22,514.12 105 1 Site Restoration and Relocations LS 9,184.09 9,184.09 106 1 Allowance for City of Aventura Police AL $25,000 25,000 107 1 Irrigation System Restoration LS 3,118.01 3,118.01 CIVIL SITE 108 3,100 Asphaltic Concrete Restoration SY 18.21 56,451.00 109 2,500 SOD Restoration SY 4.50 11,250.00 110 375 Type 'F' Curb & Gutter LF 38.81 14,553.75 111 1,500 Type 'E' Curb & Gutter LF 39.27 58,905.00 113 520 30" HDPE Pipe LF 94.08 48,921.60 114 1,420 24" HDPE Pipe LF 59.41 84,362.20 116 1,300 Exfiltration Trench LF 188.14 244,582.00 117 10 Manhole EA 4,653.98 46,539.80 119 10 Core Drill to Existing Structures EA 566.58 665.80 120 9 Restore ExistingStructure EA 811.90 F,3O7.10 Yacht Club Dr.Drainage Improvements City of Aventura Bid No.21-08-09-3 KHA Project No. 043508109 00410-4 SIGNING & MARKING 121 825 Thermoplastic, Standard, White, Solid 6" LF 2.06 1,699.50 122 120 Thermoplastic, Standard, White, Solid 12" LF 4.33 519.60 123 1,550 Thermoplastic, Standard, Yellow, Solid 6" LF 2.05 3,177.50 124 6 Thermoplastic, Standard, White, Arrow EA 175.00 1,050.00 125 95 Yellow Reflective Paint SF 12.50 1,187.50 126 1 Reflective Pavement Markers LS 625.00 625.00 TOTAL EXTENDED PRICE 720,694.46 Yacht Club Dr.Drainage Improvements City of Aventura Bid No.21-08-09-3 KHA Project No. 043508109 00410-5 CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 21-08-09-3, YACHT CLUB DRIVE DRAINAGE IMPROVEMENTS, TO GPE ENGINEERING AND GENERAL CONTRACTOR CORPORATION AT THE BID PRICE OF $720,694.46; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 21-08-09-3, Yacht Club Drive Drainage Improvements; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that GPE Engineering and General Contractor Corporation has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That bid/contract for BID NO. 21-08-09-3, Yacht Club Drive Drainage Improvements, is hereby awarded to GPE Engineering and General Contractor Corporation in the amount of$720,694.46. City of Aventura Resolution No. 2021- Section 2. That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3. 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 bid/contract. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 410-5401-538.63-06. Section 5. This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 2 of 3 City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 2nd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 27, 2021 SUBJECT: Resolution Declaring Equipment as Surplus September 2, 2021 City Commission Meeting Agenda Item 5H 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 CCO2001-21 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 Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman City of Aventura Resolution No. 2021- PASSED AND ADOPTED this 2nd day of September, 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 INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Karen J. Lanke, Information TI4'ch ology Director DATE: August 27, 2021 SUBJECT: Surplus Computer Equipment I am requesting that the computer related equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City. Many of the applications used by the City have minimum hardware, operating system and/or software requirements that computing equipment must meet or exceed. If those requirements cannot be satisfied by existing equipment, the equipment is no longer suitable for City use. In addition, equipment that cannot be repaired and/or is no longer supported by the vendor should be surplused. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type APC Back-UPS Pro 1300 1 NA UPS APC Back-UPS Pro 700 7 NA UPS APC RBC 4 NA Batter Dell 1704FPVs 1 MY-OH6304-47603-562-AMJE Monitor Dell Latitude 5480 1 9YP28H2 Laptop Dell Latitude E5470 1 4X15L72 La to Dell Latitude E5470 1 50251-72 Laptop Dell Latitude E5470 1 FKL5L72 Laptop Dell Latitude E5470 1 JYR51_72 La to Dell Latitude E6440 1 3B4LG12 La to Dell Optiplex 7010 1 FZ5Z6Y1 Desktop Dell Optiplex 7020 1 F5SLX12 Desktop Dell O ti lex 7050 1 3Q4NWK2 Desktop Dell P2011Ht 1 CN-OYR64P-74445-17J-AK2L Monitor Dell U2212HMc 1 CN-OPF48H-64180-27D-OVWL Monitor Digital Watchdo DW-VAONE8 1 HDR081317500177 DVR Dymo Label Writer 1750283 1 1750283-2137787 Printer Dymo Label Writer 1750283 1 1750283-2960270 Printer Epson Artisan 1430 1 NAMY057169 Printer Fuiitsu fi-6130 1 44288 Scanner HP Desi nJet T1100 1 MY7BE4C01 C Printer HP DesignJet T120 1 CN6B98M04R Printer HP HP DeskJet 6940 1 MY73F9R1QR Printer HP HP OfficeJet Pro 6230 1 TH7BS6ROSQ Printer HP HP OfficeJet Pro 6978 1 TH676320D3 Printer HP OfficeJet Pro 6230 1 TH7BS6ROWP Printer MikroTik Groove 52HPn 1 98F709A71136 Router MikroTik Groove 52HPn 1 98F709D22802 Router Novatel Mifi 6620L 1 649496 01958 7 Mifi Toshiba e-Studio 170F 1 MDF521204 Fax Toshiba e-Studio 170F 1 MDL883084 Fax Utility Rocket Modem 1 04F02103F36C Modem Utility Rocket Modem 1 04F02103F36E Modem Utility Rocket Modem 1 04F02103F379 Modem Utility Rocket Modem 1 04F02103F37B Modem Utility Rocket Modem 1 04F02103F3A4 Modem Utility Rocket Modem 1 04F02103F3AD Modem Utilit Rocket Modem 1 04F02103F3B2 Modem Utility Rocket Modem 1 04F02103F3B3 Modem Utility Rocket Modem 1 04F02103F3C2 Modem Utilit Rocket Modem 1 04F02103F4C8 Modem Utility Rocket Modem 1 04F02103F515 Modem Utility Rocket Modem 1 04F02103F519 Modem Willi t Rocket Modem 1 04F02103F537 Modem Utility Rocket Modem 1 04F021040179 Modem Willi t Rocket Modem 1 04F02104017A Modem Utility Rocket Modem 1 04F02104017F Modem Utilit Rocket Modem 1 04F021040183 Modem Willi t Rocket Modem 1 04F021040184 Modem Utility Rocket Modem 1 04F021040185 Modem Utilit Rocket Modem 1 04F021040192 Modem Utility Rocket Modem 1 04F021040249 Modem Utility Rocket Modem 1 04F0210402D9 Modem Utilit Rocket Modem 1 04F0210402DA Modem Utility Rocket Modem 1 04F0210402DB Modem Utility Rocket Modem 1 04F0210402DE Modem Utility Rocket Modem 1 04F0210402E3 Modem Utilit Rocket Modem 1 04F0210402E4 Modem Willi t Rocket Modem 1 04F0210403A1 Modem Willi t Rocket Modem 1 04F0210403A3 Modem Willi t Rocket Modem 1 04F0210403A6 Modem Willi t Rocket Modem 1 04F0210403B2 Modem Willi t Rocket Modem 1 04F02104E981 Modem Utility Rocket Modem 1 04F02118F8BB Modem Utility Rocket Modem 1 04F0211C7C04 Modem Cash Drawers 4 NA Cash Drawer Page 1 of 1 8/27/2021 City of Aventura Police Department Memorandum TO: City Commission FROM: Ronald J Wasson, City Manager =�-- BY: Bryan Pegues, Chief of Police DATE: August 27, 2021 SUBJECT: Acceptance of Miami-Dade County Community-Based Organization Office (CBO) Funds for Police and Youth Activities September 2, 2021 City Commission Meeting Agenda Item 51 RECOMMENDATION It is recommended that the City Commission approve the CBO funds allocated by Miami- Dade County to fund police and youth programs. BACKGROUND Commissioner Heyman's office allocated $5,000.00 to the City of Aventura to promote programs that foster trust between young people and law enforcement. Funded programs will include the police explorer program, DSAHS and ACES police clubs, the youth safety bike events and other community outreach programs that promote positive interactions between children and the police. Should you have any questions, please contact me. /BP attachments Bryan Pegues Chief Aventura Police Department. 19200 West Country Club Drive Aventura, FL 33180 305-466-8995 FBI NA Session 243 Southern Police Institute CODC 70 � M 1r r" ��� it ��i f y➢%r��/i���i �ef From: Michaels, Bonnie S. (DIST4) <5c�nn.ie Misha_ .I_s_( _rrriamid_adeeg_v> Sent:Wednesday,June 16, 2021 1:32 PM To: Bryan Pegues<pgguesb@aventurapolice.com> Subject: Commissioner Heyman Allocation Good Afternoon Chief, Commissioner Heyman has allocated $5,000 to the City of Aventura Police Department for children and community outreach programs. Please complete and return the attached forms so we can get the allocation processed. Any questions call me. Thank you. Regards, Bonnie Michaels Chief of Staff Office of Commissioner Sally A. Heyman 111 NW First Street, Suite 220 Miami, Florida 33128 Cell: (786)256-4105 Tel: (305)375-5128 Fax: (305)372-6179 bonniem@miamidade.gov Connect with us: 2 Application for Allocation of Community—based Organization (CBO) Office Funds (Application must include complete W-9 Form attached) 6/16/21 District 4 65-0662615 Date Commission District Organizational Federal Tax ID# City of Aventura Legal Name of Recipient Organization or Name of County Department Ride with the Police(2),Police Explorer Program,High School Police Club Program to be funded/reason for funding support. 19200 W Country Club Drive Aventura, FL 33180 Address (as listed on corporate papers) City,State Zip Code Amount Requested $5,000 Organization Information: Contact Person(s): Asst. City Manager Brian Raducci Telephone Number(s): 305-466-8922 Fax Number 305-466-8939 e-mail address(if available): raduccib@cityofaventura.com Event Date or Date work is scheduled for completion: TBD By the acceptance of these Discretionary Reserve/Office Funds,the recipient organization agrees to provide the services described on this allocation application form. The Recipient organization states that it has read the Conditions and Terms on the back of this form and agrees to comply with these. Attest: Recipient Organization Secretary By: 3 Bryan Plagues 6/16/21 Signs ure of President or Vice President Type or Print Name Date Attest: Recipient Organization Name (Organization Seal) Amount Allocated $ at the BCC Meeting, Item Number Commissioner's Signature and Approval Date Approved Attest: Harvey Ruvin,Clerk By: Miami-Dade County,Florida Deputy Clerk Circle One: Hold Check for pick-up Mail Check to Organization Special Instructions: For OPBA/Finance Department Use Informs SUPPLIER ID: Informs Chart of Accounts: All Checks are to be picked up by OPBA 305-375-5350. CBO V3 4/2021 Terms and Condition Breach of Agreement: A breach by the Organization shall have occurred under this Agreement if: the Organization fails to fulfill in a timely or proper manner any and all of its obligations, covenants, agreement and stipulations in this Agreement. If the Organization breaches this Agreement,the County may pursue any or all of its legal remedies. The County Manager is authorized to terminate this Agreement on behalf of the County. Civil Rights: The Organization agrees to abide by Chapter 11A of the Code of Miami-Dade County("County Code"), as amended,which prohibits discrimination in employment, housing and public accommodations; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation;the Age Discrimination Act of 1975,42 U.S.C.,as amended which prohibits discrimination in employment because of age;Section 504 of the Rehabilitation Act of 1973, 29§ U.S.C. 794,as amended,which prohibits discrimination on the basis of disability; the Americans with Disabilities Act, 42 U.S.C. § 12103 et seq., which prohibits discrimination in employment and public accommodations because of disability; the Rehabilitation Act;the Federal Transit Act,49 U.S.C. § 1612;the Fair Housing Act,42 U.S.C. §3601 et. seq;and the Domestic Violence Leave Ordinance,codified as§11A-60 et.seq.of the Miami-Dade County Code. Payment Procedures: The County agrees to pay the Organization for the services described in this agreement. The Organization shall keep on file all invoices and payment documentation associated with this agreement for a period of no less than three(3)years from the date of acceptance of this agreement. Prohibited Use of Funds:The Organization shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any other of its agents, instrumentalities, employees, or officials.The Organization shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agent,instrumentalities,employees,or officials. Records,Reports,and Audits: A. Supporting Documentation. The Organization shall submit proof of active corporate status by providing,as part of this agreement, a completed W-9 form. B. Office of Miami-Dade Inspector General. Miami-Dade County has established the Office of Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each agreement. Grant recipients are exempt from paying the cost of the audit,which is normally%of 1%of the total agreement amount. C. Independent Private Sector Inspector General Review. Pursuant to Miami-Dade County Administrative Order 3-20,the Organization is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter"IPSIG"), whenever the County deems it appropriate to do so and at the County's expense. The Organization shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and copying, including documents held by sub-consultants assignees. The County may conduct other audits or investigations, as it deems reasonable. The terms of this Section shall not impose any liability on the County by the Organization or any third party. Pursuant to Miami-Dade County Budget Ordinance#04-166 through#04-171,notwithstanding any other provision of the County Code,resolution or administrative order to the contrary,non-profit entities allocated County monies shall not be required to complete affidavits of compliance with the various policies or requirements applicable to entities contracting or transacting business with the County. CBO V3 4/2021 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: City Commission FROM- Ronald J. Wasson it Manager O J , C y g BY: Joseph S. Kroll, Public Works/Transportation Director. DATE: August 27, 2021 SUBJECT: Emergency Relocation and Replacement of the City Closed-Circuit Television (CCTV) Pole at Ives Dairy Road and Biscayne Blvd. September 2, 2021 City Commission Meeting Agenda Item 5J RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to proceed with the plans to relocate and replace the closed-circuit television (CCTV) camera pole, which is in the FDOT right-of-way, in order to make room for the Ives Dairy Road flyover. In addition, authorizing the utilization of the FDOT contract (BE377) with TransCore who is our current maintenance contractor for these cameras. BACKGROUND The City has long had a CCTV camera pole which is in the FDOT right-of-way on the west side of Biscayne Boulevard. In June 2021, we were informed by FDOT that the camera pole needs to be removed and relocated by September 2021, in order to make room for the Ives Dairy Road flyover. In addition, TransCore has informed us that by way of removal, the camera pole will be rendered unusable for relocation as each pole is uniquely customized to the height and transmission requirements needed for the exact location. Fortunately, all of the equipment on the existing pole will be able to be reinstalled on the new pole. After discussions with TransCore, they have reduced their cost for the removal of the existing pole and the design, manufacturing and installation of the new pole from $219,598 to $189,389.71. This project has been declared as an emergency by the City Manager in order to expedite the manufacturing of the new pole, as there is a 6-8 week lead time. Since this project was not anticipated or considered in the current year budget, funding for this project will be provided from available reserve funds which will be incorporated into the year-end budget amendment. The budget amendment is expected to be ready for first reading in November 2021. JSK/gf JSK21020 Attachments: Exhibit "A" Cost Sheet Exhibit "B" Resolution CITY OF AVENTURA RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE EMERGENCY RELOCATION AND REPLACEMENT OF THE CITY'S CLOSED-CIRCUIT TELEVISION (CCTV) POLE AND RELOCATION OF APPLICABLE CAMERAS ON SAID POLE LOCATED IN THE FDOT RIGHT-OF-WAY AT THE INTERSECTION OF IVES DAIRY ROAD AND BISCAYNE BOULEVARD; AUTHORIZING THE CITY MANAGER TO UTILIZE THE FDOT CONTRACT (BE377) WITH TRANSCORE FOR SAID WORK; 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 has determined that the emergency relocation and replacement of the City's closed-circuit television (CCTV) pole and relocation of applicable cameras on said pole, located at the intersection of Ives Dairy Road and Biscayne Boulevard in the FDOT right-of-way, are necessary; and WHEREAS, the City Manager has negotiated the attached cost agreement between the City of Aventura and TransCore, through FDOT Contract BE377, for the relocation and replacement as outlined in the attached document; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of approving the cost agreement with TransCore negotiated by the City Manager; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to utilize the FDOT Contract (BE377) and approve the attached cost agreement with TransCore for the emergency relocation and replacement of the described CCTV pole and relocation of applicable cameras as City of Aventura Resolution No. 2021- outlined. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman PASSED AND ADOPTED this 2nd day of September, 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 �\- Version 8/12/2021 Rev3 TMKS-.ORE Page 1 City of Awntura Attn:Joseph Kroll Public Works&Transportation Director Contract No.: FDOT D6 CONTRACT BE377 Sandra Mara(TransCore Project Manager) Transco re Project No.:2318058 TransCore,Inc. Financial ID#: Date: 8 12 2021 Replacement and Relocation of CCTV Pole Site CCTV 8 9 10 Project Admin/Project Senior echnician Master Network Utility Total Manager Control Technici Electrician Specialist Coordinator Field Asses m I site Evaluation 2 0 2 0 2 0 0 6 Equipment Procurome.t 1 0 0 0 0 0 0 1 Ms-mina.-Iffisposel of e..ding equipment and ancillary components(CCTVs'Antennas, 0 0 5 5 0 0 0 10 Cabinet,Disconnel,Cables,etc) Pole Remwal Gouni-bon/Supervsion with STI Suboomuodor 0 0 2 0 2 0 0 4 Remwal of Ex,Mug Power Wires 0 0 4 8 1 0 0 13 New Pole 8 Lowering Device Installation CooNinatom5upervision with STI Subcontractor 0 0 4 0 0 0 0 4 Underground Conduit Installation,Electrical Pull Box,Electrical Power Runs,Locates 0 0 8 16 8 0 4 36 Grounding Array System Installation 0 0 8 16 4 0 0 28 Installation of-Wireless AP/Client Antennas,Cables antl Connectors 0 0 4 8 0 0 0 12 Installation of CCTVs,1-Pan Tilt-Zoom camera antl 2 Fued Cameras 0 0 4 8 0 0 0 12 Installation of Flasher Cabinet,Power Suppressors,Power Supplies,Batteries antl Cabinet Components 0 0 4 8 0 0 0 12 Installation of Layer2 Switch/UPS BTU Unit 0 0 1 0 0 0 0 1 Installation of Elect rcal Safety Switch Discenne.I,Surge Suppressors,antl Power Runs/Connections 0 0 8 16 8 0 0 32 Wireless lP mdio confgurot..,firm..ro update,for new site at 203rtl StJBiscayne BNtl_ 0 0 0 0 0 2 0 2 Wireless antennas aligment,path am ing from 203rtl StJBiscayne to William Lehman/Biscayne BNtl. 0 0 4 4 0 4 0 12 Wireless antennas aligment,path am ing from 203rtl St Bsceyne BNtl_to 213th St Bisceyne BNtl_ 0 0 4 4 0 4 0 12 CCWs cenfgumt..for 1�PTZ antl 2F ed Cameras 0 0 0 0 0 1 0 1 Layer2 Switch Configuration 0 0 0 0 0 1 0 1 Stand Alone Testing Wench new Ifs device component installed 0 0 2 0 0 0 0 2 P-Test for Electrical Disconnect antl Ground Array Components 0 0 1 1 1 0 0 3 Subsystem Testing for cemmunicetion with otherwiroless links antl fibersites 0 0 0 0 0 2 0 2 Final Testing for communicationsbetween field antl City of Avant.m Tour.Ma nagement Center 2 0 0 0 0 0 0 2 Document Control antl Irwomng 1 0 0 0 0 0 0 1 Total Hours 6 0 65 94 26 14 4 209 5.00 Cost Per Hour $ 186.00 $ 90.00 $ 106.30 $ 67.40 $ 22 $ 110.00 1$ 105.00 Labor Related Costs $ 1,116.00 $ $ 6,909.W $ 6,335.60 I$ 5';sw.00 1$ 1,54().UU 1$ 420.00 $ 22,111.10 Total Labor Related Costs 1 $ 22 171.10 Datamo✓erWldeband 58 GHZVerIl Radio,23 dB,1,1I1,10150MB Access Point Panel Antenna,Gigabit.POE.Clamp EA 0 $6,254.85 5% $ Datamo✓erWldeband58GHZVerIl Radio,23dBi MIM0150MB Client Panel Antenna,Ggabit,POE,Clamp EA 0 $5729.85 5% $ NTPTime ServerforWBRad- EA 1 $1,246.00 5% $ 1,308.30 PTZ Camem G-Gomm GGIMPOFVEIDE 2MP 36X O tical Zoom EA 1 14.252.80 5% $ 4.465.44 G. Lowering Device EA 1 $5,020.00 5% $ 5,271.00 Portable Lowerin Tool with 90FT Cable EA 1 $2 553.60 5% $ 2.681.28 Camem Pole Mount Adapter EA 2 $250.00 5% $ 525.00 GGIL485 G-Gomm 4K Bullet Camem 8-32mm Focal Len h w/Motonzed Uitm-low htvanfocal Lens Smart IR L ht Field EA 2 $2 400.00 5% $ 5.040.00 Southern Manufactunng Flasher Field Cabinet 16H 14W11D Back Panel Din mil W/Corbin#2 Lock EA 1 $476.80 5% $ 500.64 H-yD.ty JstyS,d,hW0V3DA EA 1 $4 31 7.32 5% $ 4,533.19 Fuses for Safety Switch WAW0V RK5 EA 3 $10.32 5% $ 32.51 SPDEESu a Protective Device 240/120V 5080Hz 2�1,-.TyPp 1 EA 1 $296.21 5% $ 311.02 Meyer85'AG,W2 AOL-12 Sided pole with Tenon EA 1 $17,374.40 0% $ 17,374.40 BTU-SS-150Wc150Wh/L3 UPS Solid Switch 150W EA 1 $5360.00 5% $ 5628.00 Dust Surge Suppressor Din Rail POE Ethernet Surge Module EA 5 $110.00 5% $ 577.50 Citel Sur eSu ressom 24VDG 124VAC EA 1 $105.00 5% 1$ 110.25 Miscellaneous Matena5(W-TWN]S1`TI AWG#fi,PVC Pipe 1-12",3/4"Scheduk;W,LB's,Bandit) LS 1 $ 350.00 5% $ 367.50 2"HDPEUnde round Red Contlud LF 220 $ 5% $ Electra'PUII 8 Splice Box 13"x 24"12"w/Co✓er EA 2 $ 5% $ XHHWAWG#4Wua Cable STRBGWGM)0VRHH-RHWBLK LF 220 $ 5% $ Tax $ 2,923.56 Shipping $ 375.00 Total Direct Cost and Materials Taxes and Shipping $ 52 024.59 UOM TY STI Subwntractor.Installation of new pole and backfill,Concrete QC Testing,CCTV Lowenn Device,Air Terminal, LS 1 $67,438.75 fB6 $ 67,438.75 Permit A lications and fees,removal of existin CCN ole,and dis oral. 0% $ ASC Lo,c:Plans Des, n of the Pole Re lacement 90%100%RFC and As-Bulids LS 1 $30 700.00 0% $ 30 7 00.00 Surve,Pormittin,Geotechn"al.Ut,li Coordinaton,Power Desi n,Structural Plans,TTCP,Wireless Stud Coordination 0% $ Demol,t,on fans for safe oval of exisitin pole ITSFM/Globlal Positionin System Documentation. 0% $ MOT Subcontractor S/B Full rR mp Closure w/detour(Night),7hr/man,message board,Off Duty Officer,MOT Drawings,Variable message board. LS 1 $6,497.50 0% $ 6,497.50 0% $ Subcontract Sub Total $ 104 636.25 Tot Mum F150 orE uivalenr I EA 1 200 $ 22.14 1 0% $ 4,428.77 120FT telesco is boom I,ft Includes:De, P,cku fee fuel a mental fee taxes EA 30 E 117.25 096 $ 3 517.50 60FT Buck et truck for Wireless Pat aimin at other saes EA 30 67.5 0% $ 2,025.00 Track Trencher Includes delivery/pickupfees fuel a mental tax taxes EA 30 $ 19.55 0% $ 586.50 0% 8 0% 8 Resource Sub Total $ 10 557.77 Total Lum Sum Amount $ 189 389.71 Notes: 1)Subcontract agreement subject to mutual agreeable terms and conditions. 2)Project operationswill be Monday-Friday. 3)Remobilization due to Utility Conflicts or caused bythird partieswill be an additional cost based on time and material. 4)The above price is based on all daytime concrete pours.Concrete plant opening fees are excluded from the prices above. 5)Concrete Aprons are included in the pull box items that are in grass areas only. 6)MOT over 7 hours will incurr$50 per man/hr 7)MOT Cancellation fee$200.00 8)If FEC requires any permitting logistics or fees,this will be an additional cost tothis proposal. CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (ACES Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager— Finance and Administration DATE: August 27, 2021 SUBJECT: Special Purpose Financial Report for ACES FY June 30, 2021 September 2, 2021 City Commission Meeting Agenda Item 5K RECOMMENDATION It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Special Purpose Financial Report for the Aventura City of Excellence School for the fiscal year ended June 30, 2021 and to accept for filing that letter dated August 24, 2021 attached hereto as Attachment 1." BACKGROUND The Special Purpose Financial Report (the "Report") for the Aventura City of Excellence School ("ACES") was electronically distributed to the City Commission on August 26, 2021 along with our memorandum. In addition, a letter dated August 24, 2021 ("Attachment 1") from our auditors, Keefe McCullough, is attached to the Commission agenda for your review. In compliance with Florida Statute 218.39, the Report is required to be submitted to the Governing Board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the September 2nd Commission Meeting. In addition, the auditors have requested that their letter ("Attachment 1") be accepted for filing with the City Commission. A representative from Keefe McCullough will be present at the meeting. However, since the Report is the responsibility of the City, I respectfully request that any questions be discussed with the City Manager prior to the meeting. CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (ACES Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager— Finance and Administration DATE: August 26, 2021 SUBJECT: Aventura City of Excellence School (the "School") Special Purpose Financial Report Background As required by State law and our Charter School Contract with the Miami-Dade County Public School District, we have prepared the Aventura City of Excellence School's (the "School's") financial statements (the "Report") for the fiscal year ended June 30, 2021 (attached). This Report encompasses the School's 18t" year of operations and was audited by Keefe McCullough. The Report complies with Generally Accepted Accounting Principles ("GAAP"), which includes Governmental Accounting Standard Board ("GASB") Statement No 34. The cover reflects that the Report contains the "Special Purpose Financial Report" for the "Aventura City of Excellence School, a Special Revenue Fund of the City of Aventura, Florida."As a result, the School's financial operations will be reflected in the City's Annual Comprehensive Financial Report for the fiscal year ended September 30, 2021, as well as in this Report. The key schedules in this Report include the: 1. Statement of Revenues, Expenditures and Change in Fund Balance — Governmental Fund (page 13), and the; 2. Schedule of Revenues and Expenditures — Budget and Actual — General Fund, (page 27). Please note that on page 27, revenue and expenditures (Actual Amounts GAAP Basis Column), aggregated $9,286,805 and $10,455,820 respectively. The difference between revenue and expenditures of $1,169,015 results in a net decrease in fund balance from $1,559,353 to $390,338 at June 30, 2021. As indicated under the Financial Highlights section of the MD&A, revenues earned but not received within the School's current fiscal year are considered to be deferred inflows of resources rather than income at the fund 1 level. At June 30, 2021, the School had over $570,000 of deferred inflows of resources relating to the ESSER grant that the School's management fully anticipates will be received and recognized as income during the coming fiscal year. Due to the timing differences of when the ESSER grant's revenues and expenditures will be/are recognized, the School's loss in the current year appears to be higher than anticipated by $570,000, resulting in a temporary reduction of fund balance which will reverse in the coming year. As a result of the above statement and net of the deferred inflows, the actual use of fund balance of $596,263 was less than the planned use of fund balance of $633,361, by $37,098. You may recall that the planned use of fund balance primarily due to the replacement of computer and HVAC equipment and restroom renovations was less than the budgeted amount of$633,361 by $37,098. In accordance with the fiscal year 2020/21 adopted budget, the planned use of fund balance of $633,361 was to be utilized as follows: Other Non-Revenues: Carryover Normal Salary Increases(3%) $ 137,086 Additional Stipends-Referendum $ 196,275 Additional Stipends-Other(New) 15,000 211,275 Contingency 85,000 Capital 200,000 Total Carryover $ 633,361 Actual expenditures totaled $10,455,820 or 96.96% of the final budgeted amount of $10,784,170. The balance of the Report contains the School's statements and a narrative on a GASB 34 basis. The purpose of the GASB 34 governmental financial statements is to more closely resemble the financial statements of non-governmental entities. Therefore, the Statement of Net Position (page 9) is reconciled to the Balance Sheet (page 11) on the Reconciliation of the Balance Sheet — Governmental Fund to the Statement of Net Position on page 12. Similarly, the Statement of Activities (page 10) reflects a change in net position which is reconciled to the Statement of Revenues, Expenditures and Changes in Fund Balance of the Governmental Fund on page 14. Whether you look at the School's operations from either a GASB 34 non-governmental basis (pages 9— 10) or a traditional governmental basis (pages 11, 13 and 27), the School continues to operate well both from an educational and financial perspective. The auditor letter dated August 24, 2021 is also required to be distributed to the City Commission by generally accepted auditing standards and was therefore attached to the September 2, 2021 City Commission Meeting Agenda. The reports contained on pages 29 — 32 of the Special Purpose Financial Report are required by government auditing standards and the Rules of the Auditor General of the State of Florida. Please note that 2 none of these documents contain any negative comments about the School's or City's operations. Future Actions In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the September 2nd Commission Meeting. Upon your review of this memorandum, please contact the City Manager with any questions you may have. 3 ut:�fi�t Keefe 5( WcCutlough CPA's+Trusted Advisers August 24, 2021 To the Honorable Mayor and Members of the City Commission City of Aventura, Florida Aventura City of Excellence School City of Aventura, Florida We have audited the basic financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the "School"), for the year ended June 30, 2021. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated June 1, 2020. Professional standards require that we provide you with the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies.The significant accounting policies used by the School are described in Note 2 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year ended June 30, 2021.We noted no transactions entered into by the School during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the School's financial statements was as follows: Depreciation of capital assets - Depreciation is provided on a straight-line basis over the respective estimated useful lives ranging from 3 to 25 years. The School has informed us they used all relevant facts available to them at the time of acquisition to make the best judgments about the depreciation methods and estimated useful lives of capital assets. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. SOUTH iLORIDq BUSINESS JOU RNgI KMCcpa,com 1 6550 N Federal Hwy,bth Floor, Fort Lauderdale, FL 33308 Phone:954,771.0896 Fax:954,938,9353 " Top 25 Accounting Firms(Sor12h Florido Business JOUr"nol Top 400 Accounting Firers in the U.S.(INSIDE PiiblicAero Lin ling BEST PLACES TO WORK Aventura City of Excellence School -2- August 24, 2021 Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. We did not identify material misstatements as a result of our audit procedures. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated August 24, 2021. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the School's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the School's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to management's discussion and analysis and the budgetary comparison schedule which is required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. Restriction of Use This information is intended solely for the information and use of the Members of the City Commission and management of the Aventura City of Excellence School and is not intended to be, and should not be, used by anyone other than these specified parties. We would be pleased to discuss any questions that you may have. G It KEEFE McCULLOUGH AIVENTURA CITY OF EXCELLENCE SCHOOL A Special Revenue Fund of the City of Aventura, Florida — - pinio Special Purpose Financial Report For the Fiscal Year Ended June 30, 2021 I A FxF�IENGE C OOl ��p/!J Aventura City of Excellence School (A Special Revenue Fund of the City of Aventura, Florida) Basic Financial Statements and Supplemental Information For the Year Ended June 30, 2021 rA YERRSKeefe McCullough CPA's +Trusted Advisors Aventura City of Excellence School Table of Contents Independent Auditor's Report 1-2 Management's Discussion and Analysis (Not Covered by Independent Auditor's Report) 3-8 Basic Financial Statements Government-wide Financial Statements: Statement of Net Position 9 Statement of Activities 10 Fund Financial Statements: Balance Sheet - Governmental Fund 11 Reconciliation of the Balance Sheet -Governmental Fund to the Statement of Net Position 12 Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Fund 13 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Fund to the Statement of Activities 14 Notes to Basic Financial Statements 15-26 Required Supplementary Information Schedule of Revenues and Expenditures - Budget and Actual —General Fund Notes to Required Supplementary Information 28 Other Independent Auditor's Reports Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards 29-30 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 31-32 Keefe 5(D McCullough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the City Commission of the City of Aventura Aventura City of Excellence School Aventura, Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the "School"), a Special Revenue Fund of the City of Aventura, Florida (the"City"), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the School's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.corn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 v©® Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 1 BEST PLACES TO WORK Aventura City of Excellence School Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the major fund of the School, as of June 30, 2021, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note 1, the financial statements of the School present only the Special Revenue Fund of the City and they do not purport to, and do not, present fairly the financial position of the City as of June 30, 2021, and its changes in financial position or budgetary comparisons, where applicable, for the year ended June 30, 2021 in conformity with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated August 24, 2021, on our consideration of the School's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the School's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the School's internal control over financial reporting and compliance. k�+MA4 KEEFE McCULLOUGH Fort Lauderdale, Florida August 24, 2021 2 MANAGEMENT'S DISCUSSION AND ANALYSIS M YEARS Ke ef e M. McCullough CPA's +Trusted Advisors Aventura City of Excellence School Management's Discussion and Analysis June 30, 2021 As management of Aventura City of Excellence School (the "School"), a Special Revenue Fund of the City of Aventura, Florida, we offer readers of the School's basic financial statements this narrative overview and analysis of the financial activities of the School for the year ended June 30, 2021. Management's discussion and analysis is included at the beginning of the School's basic financial statements to provide, in layman's terms, the past and current position of the School's financial condition. This summary should not be taken as a replacement for the audit which consists of the basic financial statements and other supplementary information. Financial Highlights Our basic financial statements provide these insights into the results of this year's operations. • The School's net position was $ 2,724,501 as of June 30, 2021. Of this amount, $ 919,220 represents unrestricted net position. • The School's net position decreased by $ 741,298 during the current fiscal year as a result of this year's operations. • As of June 30, 2021, the School's fund balance was $ 390,338; which was a decrease of $ 1,169,015 from its prior year. Revenues earned but not received within the School's current fiscal year are considered to be deferred inflows of resources rather than income at the fund level. At June 30, 2021, the School had over $570,000 of deferred inflows of resources relating to the ESSER grant that the School's management fully anticipates will be received and recognized as income during the coming fiscal year. Due to the timing differences of when the ESSER grant's revenues and expenditures will/are be recognized, the School's loss in the current year appears to be higher than anticipated by $570,000, resulting in a temporary reduction of fund balance which will reverse in the coming year. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the School's basic financial statements. The School's basic financial statements are comprised of three components: 1) government-wide basic financial statements, 2) fund basic financial statements, and 3) notes to the basic financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Basic Financial Statements: The government-wide basic financial statements are designed to provide readers with a broad overview of the School's finances, in a manner similar to a private-sector business. The statement of net position presents information on all of the School's assets and liabilities, and deferred inflows/outflows of resources, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the School is improving or deteriorating. However, as a governmental entity, the School's activities are not geared toward generating profit as are the activities of commercial entities. Other factors such as School safety and the quality of education, must be considered in order to reasonably assess the School's overall performance. The statement of activities presents information showing how the School's net position changed during the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected revenues and services rendered, but unpaid). 3 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2021 The government-wide basic financial statements include all governmental activities that are principally supported by grants and entitlements from the state for full-time equivalent funding. The School does not have any business-type activities. The governmental activities of the School primarily include instruction and instructional support services. The government-wide basic financial statements can be found on pages 9 and 10 of this report. Fund Basic Financial Statements: A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The School has only one (1) category of funds—governmental funds. Governmental Funds: Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near- term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in assessing the School's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the School's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and changes in fund balance provide a reconciliation to facilitate this comparison between the governmental fund and governmental activities. The School maintains one individual governmental fund. Information is presented in the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and changes in fund balance. The governmental fund basic financial statements can be found on pages 11 through 14 of this report. Notes to Basic Financial Statements: The notes provide additional information that is essential for a full understanding of the data provided in the government-wide and fund financial statements. The notes to basic financial statements can be found on pages 15 through 26 of this report. Required Supplementary Information: In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the School's adopted budget to actual results. 4 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2021 Government-Wide Financial Analysis As noted earlier, net position over time, may serve as a useful indicator of financial position. The following table presents a comparative analysis of the condensed government-wide statements of net position: Aventura City of Excellence School Summary of Net Position June 30, June 30, 2021 2020 Variance %Variance Assets: Current assets $ 2,144,252 $ 2,223,435 $ (79,183) -3.56% Capital assets, net of depreciation 1,805,281 1,933,328 (128,047) -6.62% Total assets 3,949,533 4,156,763 (207,230) -4.99% Liabilities: Current liabilities 1,192,129 670,802 521,327 77.72% Noncurrent liabilities 32,903 20,162 12,741 63.19% Total liabilities 1,225,032 690,964 534,068 77.29% Net Position: Net investment in capital assets 1,805,281 1,933,328 (128,047) -6.62% Unrestricted 919,220 1,532,471 (613,251) -40.02% Total net position $ 2,724,501 $ 3,465,799 $ (741,298) -21.39% The decrease in current assets from the prior year is the result of the School paying cash for a significant amount of costs, which was mostly offset by a large increase in accounts receivable. The decrease in capital assets is the result the current year depreciation as there were no new additions during the year. The increase in current liabilities is primarily the result of several large computer related expenditures and health insurance costs which were incurred prior to year-end that were accrued in the final month of operation. The decrease in total net position is the result of an operational loss related to normal salary increases and additional stipends in order to compensate teachers for the Miami-Dade County Referendum. In addition, certain funding sources were negatively impacted by the COVID-19 pandemic. Resources that are subject to external restrictions on how they may be used are classified as restricted assets. As of June 30, 2021 and 2020, the School had no restricted assets. The remaining unrestricted balance may be used in any of the School's ongoing operations. 5 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2021 Government-Wide Financial Analysis (continued) The following table presents comparative information of the condensed government-wide statements of changes in net position: Aventura City of Excellence School Summary of Changes in Net Position June 30, June 30, 2021 2020 Variance %Variance Revenues: General revenues $ 8,240,161 $ 8,322,397 $ (82,236) -0.99% Program revenues: Charges for services 169,618 527,723 (358,105) -67.86% Operating grants and contributions 791,414 298,216 493,198 165.38% Capital grants and contributions 658,364 642,732 15,632 2.43% Total revenues 9,859,557 9,791,068 68,489 0.70% Expenses: Instruction 6,805,096 6,154,559 650,537 10.57% Instructional media services 102,717 73,203 29,514 40.32% Operation of facility 2,307,669 2,034,349 273,320 13.44% School administration 1,121,964 1,119,805 2,159 0.19% Pupil transportation services 194,582 167,443 27,139 16.21% Community services 68,827 99,338 (30,511) -30.71% Total expenses 10,600,855 9,648,697 952,158 9.87% Change in net position $ (741,298) $ 142,371 $ (883,669) -620.68% • General revenues remained relatively consistent in comparison with 2020. • Program revenues (operating grants and contributions) increased by approximately 165.4% primarily as a result of new grants, such as the Elementary and Secondary Emergency Assistance Grants (ESSER). Charges for services decreased by approximately 67.9% primarily as a result of the cancellation of after school activities, field trips and the elimination of paid lunches. • Total expenses increased by approximately 9.9% primarily related to the following: o Legislatively earmarked salary increases and City-provided stipends to compensate teachers under the Miami-Dade County Referendum. o Significant new purchases of technology equipment to facilitate mobile learning. 6 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2021 Financial Analysis of the School's Funds As noted earlier, the School uses fund accounting to maintain control over resources that have been segregated for specific activities or objectives. The focus of the School's governmental funds is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the School's financing requirements. In particular, unassigned fund balance, including assigned for subsequent year's budget, may serve as a useful measure of the School's net resources available for spending at the end of the fiscal year. As of the end of fiscal year 2020/21 the School's governmental fund reported an ending fund balance of$ 390,338. The fund balance decreased by $ 1,169,015 from the prior year. As a result, at June 30, 2021, the School had assigned the entire balance for its subsequent year's budget. The decrease in fund balance is partially as a result of having to defer certain ESSER revenues that were not received within the period of availability. Budgetary Highlights The 2021/22 school year represents the 19th year of operations for ACES. During the past year a great deal of time and effort was expended on professional development and curriculum alignment based on Florida's State Standards, increasing parental involvement, revamping the approach to data-driven instructional decisions in all grades and core subjects, maintaining an emotionally responsive discipline model by incorporating mindfulness, focusing on learning gains and student growth at all levels while addressing learning loss related to disruptions caused by COVID-19, and identifying and working with at-risk students who make up the bottom 25% and Special Populations. Capital Assets and Debt Administration As of June 30, 2021, the School had an investment in capital assets of $ 1,805,281. This amount is net of accumulated depreciation of $ 1,754,021. This amount represents a net decrease of $ 128,047 or approximately 6.6%. The School has no outstanding debt. Economic Factors Facts, decisions or conditions that are expected to have a significant effect on the financial position or results of operations of the School in fiscal year 2021/22 include the following: • At the time this Special Purpose Financial Report was prepared, we were and continue to be in the middle of the "COVID-19" global pandemic. Since the full financial impact is unknown at this time and cannot be reasonably estimated as these events are still developing, the Administration has prepared a very conservative budget by holding most operating revenues and expenditures relatively flat and increasing teacher compensation where needed. • Over the past years, the School has continually demonstrated that it can operate as a high performing school that provides quality educational services for its students, within the school-based revenues. We have also been fortunate to have had a very involved parent base that participates in fund-raising activities for school improvements. • Teacher salary increases reflect the previously adopted performance pay plan in accordance with Florida Statute 1012.22, rewarding teachers who are rated effective and highly effective. 7 Aventura City of Excellence School Management's Discussion and Analysis June 30, 2021 The following items represent important highlights: • Build on a Foundation of Innovation — A one-to-one computing environment is being expanded to now include all students in grades Kindergarten through Eighth Grade. Students have the opportunity to collaborate through authentic integration of online creation tools, with a focus on embedded technology enhancing access to rigorous content and future-ready learning opportunities. Through these means students acquire 2111 century skills that are essential for success in the growing global society. Students' access to a continually enhanced wireless infrastructure ensures reliable and efficient availability to instructional resources. The 2021/22 operating budget increased by $ 89,123 or 0.85%, primarily due to the increase in salaries and employee benefits. FTE revenues are driven by a net enrollment increase from 1020 to 1032 students. The budget provides funding for lease payments to the City to satisfy long-term financing costs related to the construction of the elementary school wing. However, the most impactful factor will be the actions required to continue to respond to the COVID-19 Pandemic. Requests for Information This financial report is designed to provide a general overview of the Aventura City of Excellence School's finances for all those with an interest. If you should have any questions pertaining to the information presented in this report or would like additional information, please contact the City of Aventura's Assistant City Manager — Finance and Administration at the City of Aventura, 19200 West Country Club Drive, Aventura, Florida 33180. 8 BASIC FINANCIAL STATEMENTS Keefe 5(DRS McCullough CPA's +Trusted Advisors Aventura City of Excellence School Statement of Net Position June 30, 2021 Governmental Activities Current Assets: Cash and cash equivalents $ 82,226 Investments 1,404,951 Due from other governments 647,609 Prepaid expenses 9,466 Total current assets 2,144,252 Noncurrent Assets: Capital assets, net of accumulated depreciation 1,805,281 Total assets 3,949,533 Current Liabilities: Accounts payable 640,481 Accrued expenses 540,681 Compensated absences 10,967 Total current liabilities 1,192,129 Noncurrent Liabilities: Compensated absences 32,903 Total noncurrent liabilities 32,903 Total liabilities 1,225,032 Net Position: Net investment in capital assets 1,805,281 Unrestricted 919,220 Total net position $ 2,724,501 The accompanying notes to basic financial statements are an integral part of these statements. 9 Aventura City of Excellence School Statement of Activities For the Year Ended June 30, 2021 Governmental Activities Program Revenues Net Revenue Charges Operating Capital (Expense)and for Grants and Grants and Change in Expenses Services Contributions Contributions Net Position Functions/Programs: Instruction $ 6,805,096 $ - $ - $ - $ (6,805,096) Instructional media services 102,717 - - - (102,717) Operation of facility 2,307,669 54,627 748,842 658,364 (845,836) School administration 1,121,964 - - - (1,121,964) Pupil transportation services 194,582 - 42,572 - (152,010) Community services 68,827 114,991 - - 46,164 Total governmental activities $ 10,600,855 $ 169,618 $ 791,414 $ 658,364 (8,981,459) General revenues: FTE nonspecific revenues 7,880,543 Miscellaneous income 253,183 Investment earnings 6,435 Other revenues 100,000 Total general revenues 8,240,161 Change in net position (741,298) Net position,July 1, 2020 3,465,799 Net position,June 30, 2021 $ 2,724,501 The accompanying notes to basic financial statements are an integral part of these statements. 10 Aventura City of Excellence School Balance Sheet- Governmental Fund June 30, 2021 General Fund Assets: Cash and cash equivalents $ 82,226 Investments 1,404,951 Due from other governments 647,609 Prepaid expenditures 9,466 Total assets $ 2,144,252 Liabilities: Accounts payable $ 640,481 Accrued expenses 540,681 Total liabilities 1,181,162 Deferred Inflows of Resources: Unavailable revenues 572,752 Fund Balance: Nonspendable 9,466 Assigned for subsequent year's expenditures 380,872 Total fund balance 390,338 Total liabilities, deferred inflows of resources and fund balance $ 2,144,252 The accompanying notes to basic financial statements are an integral part of these statements. 11 Aventura City of Excellence School Reconciliation of the Balance Sheet- Governmental Fund to the Statement of Net Position June 30, 2021 Total Fund Balance- Governmental Fund $ 390,338 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources; and therefore, are not reported in the governmental funds: Cost of capital assets $ 3,559,302 Accumulated depreciation (1,754,021) 1,805,281 Unavailable revenue in the governmental fund is susceptible to full accrual in the government-wide statements. 572,752 Long-term liability which is not due and payable in the current period; and therefore, is not reported in the governmental fund: Compensated absences (43,870) Net Position of Governmental Activities $ 2,724,501 The accompanying notes to basic financial statements are an integral part of these statements. 12 Aventura City of Excellence School Statement of Revenues, Expenditures and Changes in Fund Balance- Governmental Fund For the Year Ended June 30, 2021 General Fund Revenues: Federal sources $ 205,044 State sources 8,613,519 Local sources 461,807 Investment earnings 6,435 Total revenues 9,286,805 Expenditures: Current: Instruction 6,805,096 Instructional media services 102,717 Operation of facility 1,767,429 School administration 1,104,976 Pupil transportation services 194,582 Community services 68,827 Capital outlay 412,193 Total expenditures 10,455,820 Net change in fund balance (1,169,015) Fund Balance,July 1, 2020 1,559,353 Fund Balance,June 30, 2021 $ 390,338 The accompanying notes to basic financial statements are an integral part of these statements. 13 Aventura City of Excellence School Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance- Governmental Fund to the Statement of Activities For the Year Ended June 30, 2021 Net Change in Fund Balance- Governmental Fund $ (1,169,015) Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures; however, in the statement of activities these costs are allocated over their estimated useful lives as a provision for depreciation: Capital outlay $ 412,193 Current year provision for depreciation (128,047) Capital outlay which did not meet the threshold for capitalization (412,193) (128,047) Revenues that are earned but not received within the availability period are recognized in the statement of activities when earned and subsequently in the governmental fund financial statements when they become available. 572,752 Certain items reported in the statement of activities do not require the use of current financial resources and therefore are not reported as expenditures in the governmental fund: Change in compensated absences (16,988) Change in Net Position of Governmental Activities $ (741,298) The accompanying notes to basic financial statements are an integral part of these statements. 14 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 1- Organization and Operations Aventura City of Excellence School (the "School"), is a special revenue fund of the financial statements of the City of Aventura, Florida (the "City"). The School commenced operations in August 2003 in the City and offers classes for kindergarten through eighth grade with an enrollment of 1,032 for the fiscal year ended June 30, 2021. The School is funded from public funds based on enrollment and can also be eligible for grants in accordance with state and federal guidelines, including food service and capital outlay. The School can accept private donations and the City can incur debt for the operation of the School. Note 2- Summary of Significant Accounting Policies A summary of the School's significant accounting policies is as follows: Reporting entity: The School operates under a charter granted by the sponsoring school district, the Miami-Dade County Public School District (the "District"). The current charter is effective until June 30, 2033 but provides for renewals of up to 5 years by mutual agreement of both parties. In 2005, the School amended the charter to include grades six through eight. In 2012, the School amended the charter to increase the School capacity from 972 to 1032 over five years commencing with the fiscal year 2012/2013. At the end of the term of the charter, the District may choose not to renew the charter under grounds specified in the charter in which case the District is required to notify the School in writing at least 90 days prior to the charter's expiration. During the term of the charter, the District may also terminate the charter for good cause as defined. The School is owned and operated by the City, is part of the City's government and is not a separate legal entity or otherwise organized apart from the City. The City was incorporated in November 1995. The City operates under a Commission-Manager form of government. In accordance with Chapter 10.850, Rules of the Auditor General of the State of Florida, the School is required to prepare special purpose financial statements. Section 10.855(4) states that the special purpose financial statements should present the charter school's financial position including the charter school's current and capital assets and current and long-term liabilities, and net assets/position; and the changes in financial position. The financial statements contained herein present only the operations of the School and do not purport to, and do not, present the financial position and changes in financial position of the City. Only capital assets acquired with School revenues are reported. The facility used by the School is owned by the City and the capital assets and related debt for the facilities are not included in this report. Basis of presentation: Based on the guidance presented in the American Institute of Certified Public Accountants, Audit and Accounting Guide — Audits of State and Local Governments and the provisions of Section 228.056, Florida Statutes, the School is presented as a governmental organization for financial statement reporting purposes. Government-wide financial statements: The School's basic financial statements include both government-wide (reporting the School as a whole) and fund financial statements. Both the government-wide and fund financial statements categorize primary activities as either governmental or business-type. All of the School's activities are classified as governmental activities. In the government-wide statement of net position, the governmental activities column is reported on a full accrual, economic resource basis, which recognizes all current and noncurrent assets and all current and noncurrent liabilities. The School's net position is reported in three (3) categories: investment in capital assets; restricted; and unrestricted, as applicable. 15 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 2- Summary of Significant Accounting Policies (continued) The government-wide statement of activities reports both the gross and net cost of each of the School's functions. The net costs, by function, are supported by general revenues. The statement of activities reduces gross expenses by related program revenues. Program revenues must be directly associated with the function. Operating grants include operating specific and discretionary grants while the capital grants column reflects capital-specific grants. Fund financial statements: The School's accounts are organized on the basis of funds. The operations of the fund is accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred inflows of resources, fund balance, revenues and expenditures. The Charter School operating fund is a governmental fund type and is used to account for all of the School's financial transactions. Measurement focus and basis of accounting: Basis of accounting refers to the point at which revenues or expenditures/expenses are recognized in the accounts and reported in the basic financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the government-wide statement uses the economic resources measurement focus. Governmental activity in the government-wide financial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when a liability is incurred, regardless of the timing of the related cash flows. The governmental fund financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). Revenues susceptible to accrual include FTE nonspecific revenue, transportation funds, capital grant funds, operating grants and contributions and investment earnings. Intergovernmental revenues are recognized when all eligibility requirements have been met, if available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the School considers revenues to be available if they are collected within two (2) months of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred. However, expenditures related to compensated absences are recorded only when paid from expendable available financial resources. Deposits and investments: The School's cash, cash equivalents, and investments are maintained by the City in a pooled account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash, cash equivalents, and investments represent the amount owned by the Charter School operating fund. The City is responsible for all risks related to the School's cash, cash equivalents, and investments. These risks and the City's related policies are disclosed in the Note 3. Prepaid items: Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items. Capital assets: Capital assets purchased or acquired with an original cost of $ 5,000 or more are capitalized at historical cost or estimated historical cost and are reported in the government-wide financial statement. Donated capital assets are reported at acquisition value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized and depreciated over the remaining useful lives of the related capital assets. Other costs incurred for repairs and maintenance are expensed as incurred. 16 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 2- Summary of Significant Accounting Policies (continued) Depreciation on leasehold improvements and equipment is provided on the straight-line basis over the respective estimated useful lives ranging from 15 to 25 years and 3 to 10 years, respectively. Within governmental funds, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported within the governmental fund financial statements. Deferred outflows/inflows of resources: In addition to assets, the statement of financial position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The School does not have any items that qualify for reporting in this category. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The School has one item that qualifies for reporting in this category. The governmental fund reports unavailable revenues that are deferred and recognized as an inflow of resources in the period that the amounts become available. Unearned revenue: Unearned revenue arises when the School receives resources before it has a legal claim to them. Net position: Net position is classified in three categories. The general meaning of each is as follows: • Net investment in capital assets - represents the difference between the cost of capital assets, less accumulated depreciation, reduced by the outstanding balances of any borrowings used for the acquisition, construction or improvement of those assets. • Restricted - consists of net position with constraints placed on their use either by 1) external groups such as creditors, grantors, contributors, or laws or regulations of other governments, or 2) law through constitutional provisions or enabling legislation. • Unrestricted - indicates that portion of net position that is available to fund future operations. Fund balance: The governmental fund financial statements present fund balances based on the provisions of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This Statement provides more clearly defined fund balance classifications and also sets a hierarchy which details how the School may spend funds based on certain constraints. The following are the fund balance classifications used in the governmental fund financial statements: 17 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 2- Summary of Significant Accounting Policies (continued) • Nonspendable - this classification includes amounts that cannot be spent because they are either not in spendable form or are legally or contractually required to be maintained intact. The School classifies prepaid items as nonspendable since they are not expected to be converted to cash or are not expected to be converted to cash within the next year. • Restricted - this classification includes amounts that are restricted for specific purposes by external parties such as grantors and creditors or are imposed by law through constitutional provisions or enabling legislation. • Committed - this classification includes amounts that can be used for specific purposes voted on through formal action of the City Commission (the highest level of decision making authority). The committed amount cannot be used for any other purpose unless the City Commission removes or changes the commitment through formal action. • Assigned - this classification includes amounts that the School intends to use for a specific purpose but they are neither restricted nor committed. Assignments can be made by the City Manager, which the City Commission Members, by resolution, delegated such authority at their direction. The School classifies existing fund balance to be used in the subsequent year's budget for elimination of a deficit as assigned. • Unassigned - this classification includes amounts that have not been restricted, committed or assigned for a specific purpose within the General Fund. The details of the fund balances are included in the Governmental Fund Balance Sheet. When the School incurs expenditures for which restricted or unrestricted fund balance is available, the School would consider restricted funds to be spent first unless there are legal documents/contracts that prohibit doing this, such as in grant agreements requiring dollar for dollar spending. When the School has expenditures for which committed, assigned or unassigned fund balance is available, the School would consider committed funds to be spent first, then assigned funds and lastly unassigned funds. Encumbrances: Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration. Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year-end represent the estimated amount of expenditures which would result if unperformed purchase orders and other commitments at year-end are completed. Encumbrances lapse at year-end; however, the City and School generally intend to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year-end are re-appropriated in the next fiscal year and are therefore presented as committed or assigned fund balance for the subsequent year. At June 30, 2021, there were encumbrances in the amount of approximately $ 18,500 outstanding. Other post-employment benefits: The City provides post-employment healthcare coverage, including medical and dental benefits, to eligible individuals which consist of an implicit subsidy. The estimated liability is recorded in the financial statements of the City. No amount is allocated to the School's primary operating fund since the amount is deemed immaterial by management as of June 30, 2021. 18 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 2- Summary of Significant Accounting Policies (continued) Compensated absences: The School's sick leave policy permits employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 0-100% based on length of service, and other applicable limits. The School's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. Accumulated compensated absences are recorded in the government-wide financial statements when earned. Expenditures for accumulated compensated absences have been recorded in the governmental fund only if they have matured, (e.g., resulting from employee resignations, terminations or retirements). State funding (primary source of revenue): Student funding is provided by the State of Florida through the School Board of Miami-Dade County, Florida. In accordance with the Charter Agreement, the School Board retains 2% as an administrative fee. This funding is received on a pro rata basis over the twelve-month period and is adjusted for changes in full-time equivalent student population. After review and verification of Full-Time Equivalent ("FTE") reports and supporting documentation, the Florida Department of Education may adjust subsequent fiscal period allocations of FTE funding for prior year's errors disclosed by its review as well as to prevent the statewide allocation from exceeding the amount authorized by the State Legislature. Normally, such adjustments are reported in the year the adjustments are made. Use of estimates: The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Subsequent events: Subsequent events were evaluated by management through August 24, 2021, the date the financial statements were available for issuance. Note 3- Deposits and Investments As discussed in Note 2, the School's cash, cash equivalents, and investments are maintained by the City in a pooled account for all funds. Deposits The City's custodial credit risk policy is in accordance with Florida Statutes. Florida Statutes authorize the deposit of City funds in demand deposits or time deposits of financial institutions approved by the State Treasurer. These are defined as public deposits. All City public deposits are held in qualified public depositories pursuant to Chapter 280, Florida Statutes, "Florida Security for Public Deposits Act." Under the act, all qualified public depositories are required to pledge eligible collateral having a fair value equal to or greater than the average daily or monthly balance of all public deposits times the depository's collateral pledging level. The collateral pledging level may range from 50% to 125% depending upon the depository's financial condition and the length of time that the depository has been established. All collateral must be deposited with the State Treasurer. Any losses to public depositors resulting from insolvency are covered by applicable deposit insurance, sale of securities pledged as collateral and, if necessary, assessment against other qualified public depositories of the same type as the depository in default. The City's bank balances were insured either by the Federal depository insurance corporation or collateralized in the bank's participation in the Florida Security for Public Deposits Act. 19 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 3- Deposits and Investments (continued) The Florida SBA Pool, hereinafter referred to as "Florida PRIME", is not a registrant with the Securities and Exchange Commission ("SEC"); however, its board has adopted operating procedures consistent with the requirements for a 2a-7 fund. For the Florida PRIME, a 2a-7 like pool, the value of the City's position is the same as the value of the pool shares and is recorded at amortized cost. At June 30, 2021, the School's investment in the Florida PRIME was that of $ 641,649. In accordance with these requirements, the method used to determine the participants' shares sold and redeemed is the amortized cost method. Amortized cost includes accrued income and is a method of calculating an investment's value by adjusting its acquisition cost for the amortization of discount or premium over the period from purchase to maturity. Thus, the School's account balance in the SBA is its amortized cost. The SBA is governed by Chapter 19-7 of the Florida Administrative Code. These rules provide guidance and establish the general operating procedures for the administration of the SBA. Additionally, the Office of the Auditor General of the State of Florida performs the operational audit of the activities and investment of the SBA. The SBA accounts are not subject to custodial credit risk as these investments are not evidenced by securities that exist in physical or bank entry form. In accordance with GASB Statement No. 79, Certain External Investment Pools and Pool Participants, the City's investment in the Florida PRIME meets the definition of a qualifying investment pool that measures for financial reporting purposes all of its investments at amortized cost and should disclose the presence of any limitations or restrictions on withdrawals. As of June 30, 2021, there were no redemption fees or maximum transaction amounts, or any other requirements that serve to limit a participant's daily access to 100 percent of their account value. Investments On February 7, 2019, the City re-adopted Chapter 6.6 of the Administrative Policy and Directives and Procedures Manual, entitled "Investments Objective and Parameters," as the City's Investment Policy for the management of Public Funds ("the policy"). The policy was created in accordance with Section 218.415, Florida Statutes. The policy applies to all investments held and controlled by the City, with the exception of a defined benefit pension plan and debt issuance where there are other existing policies or indentures in effect for the investment of related funds. The City's policy for investments other than pension plan and debt issuance is summarized herein. The Finance Director is designated as investment officer of the City and is responsible for investment decisions and the day-to-day administration of the cash management program. The investment policy establishes permitted investments, asset allocation, issuer limits, credit rating requirements and maturity limits to protect the City's assets. All investment securities are held by a Trust custodian and are managed by financial advisors. In general, the City's policy allows to invest in the following: (1) securities and obligations of the United States and its agencies; (2) non- negotiable interest bearing time deposits or savings accounts provided that such deposits are secured by collateral as prescribed by the Florida Security for Public Deposits Act, Chapter 280, Florida Statutes; (3) repurchase agreements collateralized by full or general faith and credit obligations of the U. S. Government or Agency securities; (4) the Florida Local Government Surplus Funds Trust Fund "SBA"; (5) intergovernmental investment pools authorized pursuant to the Florida Interlocal Cooperation Act, provided by Section 163.01, Florida Statutes, and provided that such funds contain no derivatives; (6) money market mutual funds - registered investment companies with the highest credit quality rating; (7) commercial paper of any U.S. company; (8) corporate notes; (9) asset backed securities issued by corporations organized and operating within the United States or by depository institutions licensed by the United States; (10) taxable/tax exempt municipal bonds; and (11) Israel bonds. 20 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 3- Deposits and Investments (continued) As of June 30, 2021, the School's allocation of cash, cash equivalents and investments consisted of the following: Cash and cash equivalents Deposits and money market funds with financial institutions $ 81,826 Petty cash 400 $ 82,226 Investments State Board of Administration - SBA, Florida PRIME $ 641,649 Government bonds 267,504 Corporate bonds 154,499 Government agencies 115,294 Government mortgage backed securities 105,508 Municipal/provincial bonds 44,958 Asset backed securities 37,893 Government issued commercial mortgage backed securities 22,690 International bonds 8,158 Short term bills and notes 6,798 $ 1,404,951 Interest rate risk This is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The City's policy is that unless matched with specific cash flow, the City will not directly invest in securities maturing more than seven (7) years from the date of purchase. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds to ensure that proper liquidity is maintained to meet ongoing obligations. The City's policy is to limit its exposure to fair value losses arising from changes in interest rates by structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity, and investing operating funds primarily in shorter-term securities, money market mutual funds or similar investment pools. The dollar weighted average days to maturity (WAM) of Florida PRIME at June 30, 2021, is 50 days. Next interest rate reset dates for floating rate securities are used in the calculation of the WAM. The weighted average life (WAL) of Florida PRIME at June 30, 2021, is 69 days. 21 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 3- Deposits and Investments (continued) Information about the exposure of the School's debt-type investments to this risk using the segmented time distribution model is as follows: Time to Maturity(in Years) Fair Less than Greater than Investment Type Value 1 Year 1-5 Years 6-10 Years 10 Years State Board of Administration- SBA, Florida PRIME $ 641,649 $ 641,649 $ - $ - $ - Government bonds 267,504 4,842 262,662 - - Corporate bonds 154,499 27,382 127,117 - - Government agencies 115,294 899 114,395 - - Government mortgage backed securities 105,508 - 9,433 77,834 18,241 Municipal/provincial bonds 44,958 - 44,958 - - Asset backed securities 37,893 - 37,893 - - Government issued commercial mortgage backed securities 22,690 - 22,690 - - International bonds 8,158 8,158 - - - Short term bills and notes 6,798 6,798 - - - Total $ 1,404,951 $ 689,728 $ 619,148 $ 77,834 $ 18,241 Credit risk Generally, credit risk is the risk that an issuer of a debt-type investment will not fulfill its obligation to the holder of the investment. This is measured by assignment of a rating by a nationally recognized rating organization. The City's investment policy provides strict guidelines and limits investments to highly rated securities with minimum ratings of A (long term securities), A-1/13-1 (short term securities), and AAAm (money market mutual funds). The Finance Director shall determine the appropriate action for any investment held that is downgraded below the minimum rating by one or more rating agencies. U.S. Government securities or obligations explicitly guaranteed by the U.S. Government are not considered to have credit risk exposure. The School's portfolio is rated by Standard & Poor's as follows: Fair Rating Value AAA $ 55,751 A-1+ 6,798 AA+ 519,296 AA 5,366 AA- 12,628 A 99,053 A+ 22,266 A- 26,355 AAAm 641,649 Not Rated 15,789 $ 1,404,951 22 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 3- Deposits and Investments (continued) Concentration The City's policy is to maintain a diversified portfolio to minimize the risk of loss resulting from concentration of assets in a specific issuer. Specific limits have been established which limit the percentage of portfolio assets that can be invested with a specific issuer. GASB Statement No. 40, Deposit and Investment Risk Disclosures, requires disclosure when the percentage is 5% or more in any one issuer. Investment issues explicitly guaranteed by the U.S. government and investments in mutual funds, external investments pools, or other pooled investments are excluded from this requirement. At June 30, 2021, the School had investments in the Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac) amounting to 7.78% and 6.29% respectively, of its total investments held. Custodial credit risk For an investment, custodial credit risk is the risk that, in the event of the failure of the counterparty (e.g., broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The City's investment policy requires securities, with the exception of certificates of deposit, to be registered in the City's name and held with a third-party custodian. Foreign credit risk For an investment, foreign credit risk is the risk that fluctuations in currency exchange rates may affect transactions conducted in currencies other than U.S. dollars and the carrying value of foreign investments. The City is not exposed to foreign credit risk. Note 4- Fair Value Measurements The School categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; Level 3 inputs are significant unobservable inputs. The School has the following fair value measurements as of June 30, 2021: Quoted Prices in Active Significant Significant Markets for Other Other Identical Observable Unobservable Assets Inputs Inputs Investment Type Fair Value (Level1) (Level2) (Level 3) Government bonds $ 267,504 $ - $ 267,504 $ - Corporate bonds 154,499 - 154,499 - Government agencies 115,294 - 115,294 - Government mortgage backed securities 105,508 - 105,508 - Municipal/provincial bonds 44,958 - 44,958 - Asset backed securities 37,893 - 37,893 - Government issued commercial mortgage backed securities 22,690 - 22,690 - International bonds 8,158 - 8,158 - Short term bills and notes 6,798 - 6,798 - Total investments measured at fair value 763,302 $ - $ 763,302 $ - Investments measured at amortized cost: Florida PRIME 641,649 Total $ 1,404,951 23 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 4- Fair Value Measurements (continued) The School's fixed income securities of$ 763,302 classified in Level 2 of the fair value hierarchy are valued using a market standard pricing technique. Pricing service providers synthesize multiple market inputs to value securities based on the securities' relationship to benchmark quoted prices. Note 5- Capital Assets A summary of changes in governmental capital assets is as follows: Balance Balance July 1,2020 Additions Deletions June 30,2021 Leasehold improvements $ 2,871,738 $ - $ - $ 2,871,738 Equipment 687,564 - - 687,564 Less:accumulated depreciation 1,625,974 128,047 - 1,754,021 $ 1,933,328 $ (128,047) $ - $ 1,805,281 The provision for depreciation for the year ended June 30, 2021 amounted to approximately $ 128,000. The School allocated depreciation to operation of facility. Note 6- Long-Term Liabilities The following is a summary of long-term liabilities for fiscal year ended June 30, 2021: Amount Due Balance Balance Within One July 1,2020 Additions Deletions June 30,2021 Year Compensated absences $ 26,882 $ 24,420 $ (7,432) $ 43,870 $ 10,967 Note 7- Commitments and Contingencies Management contract The City has a contract with Charter Schools USA, Inc. ("CSUSA") for administrative and educational management services for the operations of the School. All staff of the School, except the principal, two assistant principals (dean of discipline and operations and dean of curriculum) and a custodian, are employees of CSUSA. Total fees paid to the management company for fiscal year 2020/21 were $ 306,000. The majority of other reimbursed expenditures by the City to CSUSA relate to teachers' salaries and benefits. The current agreement with CSUSA will expire on June 30, 2023. This agreement provides for an additional renewal term of up to five years upon agreement of both parties. The fee for services is $ 306,000 annually, and to be negotiated thereafter upon reaching a renewal arrangement. 24 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 7- Commitments and Contingencies (continued) Grant funding Amounts received or receivable from grantor agencies are subject to audit, which may result in adjustments by Federal and/or State grantor agencies. Any disallowed claims, including amounts already collected, may constitute a liability of the School. The amount, if any, of such expenditures which may be disallowed by the grantor agencies cannot be determined at this time, although the School expects such amounts, if any, to be immaterial. Note 8- Related Party Transactions The School's operations are located at a facility that is owned by the City. In September 2002, the City entered into a bond indenture agreement with the Florida Intergovernmental Finance Commission through an interlocal governmental agreement. As a result, the City issued $ 12,610,000 in Series 2002 Revenue Bonds to finance the acquisition of land and the construction of the charter school as well as the construction of a community recreation center. Approximately $ 6,650,000 of the bond issue was related to the acquisition, construction and equipping of the School facility. In fiscal year 2012, the City issued $ 9,885,000 in Series 2012 Refunding Revenue Bonds at a current rate of 2.65% to refund the then outstanding balance of the Series 2002 Revenue Bonds. Approximately $ 5,213,000 of the Series 2012 Refunding Revenue Bonds relate to that portion of the original Series 2002 Revenue Bonds that was utilized for the acquisition, construction and equipping of the School facility. The City refunded the Series 2002 Revenue Bonds (fully defeased) to reduce its total debt service payments through maturity (2027) by approximately$ 3,810,000. The School is leasing its premises from the City under an operating lease agreement, which expired June 30, 2021, but was renewed for an additional year. The lease can renew each year as long as the School operates pursuant to the Charter issued by the School Board of Miami-Dade County. The lease amount is determined annually. Total lease expense for the fiscal year ended June 30, 2021 totaled $ 444,000. Future minimum payments under the current lease, which expires on June 30, 2022, total $444,000. Note 9- Risk Management The School is exposed to various risks of loss related to torts, thefts of, damage to and destruction of assets, errors and omissions, employee health, workers' compensation and natural disasters for which the City carried commercial insurance. Settlement amounts have not exceeded insurance coverage for the past three (3) fiscal years. In addition, there were no reductions in insurance coverage from those in the prior year. 25 Aventura City of Excellence School Notes to Basic Financial Statements June 30, 2021 Note 10- Defined Contribution Plans The City is a single employer that contributes to four (4) defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401 (a). The employees of the School are eligible to participate in three (3) of the City's defined contribution pension plans. The School has three (3) full-time employees who are eligible to participate in these plans. Under these plans, the City contributes amounts ranging from 7% to 15% of employee salary for each of the three (3) School employees. The City's contributions for the Principal vest in the year they are contributed. The City's contributions to the other employees vest beginning after one (1) year of service through year five (5) in 20% increments. Participants are not permitted to make contributions during the year. The City made plan contributions for these covered employees of approximately $ 31,000 during the year. Plan provisions and contribution requirements may be amended by the City Commission. In addition, the City provides to these full-time employees a deferred compensation plan under Section 457 of the Internal Revenue Code. Under this program, employees may voluntarily elect to defer a portion of their salary to future years; with no required contributions from the City. Both programs are administered by ICMA Retirement Corp. The City does not exercise any control or fiduciary responsibility over the Plans' assets. Note 11- Risks and Uncertainties The coronavirus (COVID-19) outbreak has caused disruption in international and U.S. economies and markets. The coronavirus and fear of further spread has caused quarantines, cancellation of events, and overall reduction in business and economic activity. On March 11, 2020, the World Health Organization designated the coronavirus outbreak a pandemic. Management continues to evaluate and monitor the potential adverse effect that this event may have on the School's financial position, operations and cash flows. The full impact of COVID-19 is unknown at this time and cannot be reasonably estimated as these events are still developing. 26 REQUIRED SUPPLEMENTARY INFORMATION YEARS Keefe %Y..w McCullough CPA's +Trusted Advisors Aventura City of Excellence School Schedule of Revenues and Expenditures- Budget and Actual - General Fund For the Year Ended June 30, 2021 Budgeted Amounts Original Final Actual Variance Revenues: Federal sources $ 112,000 $ 426,694 $ 205,044 $ (221,650) State sources 8,702,115 8,702,115 8,613,519 (88,596) Local sources 1,017,000 1,017,000 461,807 (555,193) Investment earnings 5,000 5,000 6,435 1,435 Total revenues 9,836,115 10,150,809 9,286,805 (864,004) Expenditures: Current: Instruction 6,568,699 6,687,986 6,805,096 (117,110) Instructional media services 99,852 99,852 102,717 (2,865) Operation of facility 1,888,146 1,900,146 1,767,429 132,717 School administration 1,286,539 1,319,180 1,104,976 214,204 Pupil transportation services 213,490 213,490 194,582 18,908 Community services 150,000 150,000 68,827 81,173 Capital outlay 262,750 413,516 412,193 1,323 Total expenditures 10,469,476 10,784,170 10,455,820 328,350 Excess (deficiency) of revenues over expenditures (633,361) (633,361) (1,169,015) (535,654) Other financing sources (uses): Appropriated fund balance 633,361 633,361 - (633,361) Net change in fund balance $ - $ - $ (1,169,015) $ (1,169,015) 27 Aventura City of Excellence School Notes to Required Supplementary Information June 30, 2021 Note 1- Budgets and Budgetary Accounting The School formally adopted a budget for the year ended June 30, 2021. Budgeted amounts may be amended by resolution or ordinance of the City Commission. The budget has been prepared in accordance with accounting principles generally accepted in the United States of America. A comparison of the actual results of operations to the budgeted amounts for the operating fund is presented as required supplementary information. 28 OTHER INDEPENDENT AUDITOR'S REPORTS rf,Y,,RN, Keefe McCullough CPA's +Trusted Advisors Keefe 5(D McCullough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF THE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS Honorable Mayor and Members of the City Commission of the City of Aventura Aventura City of Excellence School Aventura, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and the major fund of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the School's basic financial statements, and have issued our report thereon dated August 24, 2021. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the School's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, we do not express an opinion on the effectiveness of the School's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.corn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 v©® Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 29 BEST PLACES TO WORK Aventura City of Excellence School Compliance and Other Matters As part of obtaining reasonable assurance about whether the School's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. V4-W&4 KEEFE McCULLOUGH Fort Lauderdale, Florida August 24, 2021 30 Keefe 5(D McCullough CPA's+Trusted Advisors MANAGEMENT LETTER IN ACCORDANCE WITH THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA Honorable Mayor and Members of the City Commission of the City of Aventura Aventura City of Excellence School Aventura, Florida Report on the Financial Statements We have audited the financial statements of the Aventura City of Excellence School (the "School") (a Special Revenue Fund of the City of Aventura, Florida), as of and for the year ended June 30, 2021, and have issued our report thereon dated August 24, 2021. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and Chapter 10.850, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report which is dated August 24, 2021, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.854(1)(e)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no recommendations made in the preceding audit report. Official Title Section 10.854(1)(e)5., Rules of the Auditor General, requires that the name or official title of the entity and the school code assigned by the Florida Department of Education be disclosed in this management letter. The official title and the school code assigned by the Florida Department of Education of the entity is Aventura City of Excellence School and 0950. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 v©® Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 31 BEST PLACES TO WORK Aventura City of Excellence School Financial Condition and Management Sections 10.854(1)(e)2. and 10.855(11), Rules of the Auditor General, require us to apply appropriate procedures and communicate whether or not the School has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the specific conditions met. In connection with our audit, we determined that the School did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.854(1)(e)6.a. and 10.855(12), Rules of the Auditor General, we applied financial condition assessment procedures for the School. It is management's responsibility to monitor the School's financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Section 10.854(1)(e)3., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit, we did not have any such recommendations. Transparency Sections 10.854(1)(e)7. and 10.855(13), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether the School maintains on its website information specified in Section 1002.33(9)(p), Florida Statutes. In connection with our audit, we determined that the School maintained on its website the information specified in Section 1002.33(9)(p), Florida Statutes. Additional Matters Section 10.854(1)(e)4., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material, but which warrants the attention of those charged with governance. In connection with our audit, we did not have any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, Federal and other granting agencies, City Commission, and applicable management, and is not intended to be and should not be used by anyone other than these specified parties. �/-4- l/1cCu&* KEEFE McCULLOUGH Fort Lauderdale, Florida August 24, 2021 32 i I i A TURA III FX0EL L EN C ECSCH "' CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (DSAHS Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager— Finance and Administration DATE: August 27, 2021 SUBJECT: Special Purpose Financial Report for DSAHS FY June 30, 2021 September 2, 2021 City Commission Meeting Agenda Item 5L RECOMMENDATION It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Special Purpose Financial Report for the Don Soffer Aventura High School for the fiscal year ended June 30, 2021 and to accept for filing that letter dated August 25, 2021 attached hereto as Attachment 1." BACKGROUND The Special Purpose Financial Report (the "Report") for the Don Soffer Aventura High School ("DSAHS") was electronically distributed to the City Commission on August 26, 2021 along with our memorandum. In addition, a letter dated August 25, 2021 ("Attachment 1") from our auditors, Keefe McCullough, was attached to the Commission agenda for your review. In compliance with Florida Statute 218.39, the Report is required to be submitted to the Governing Board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the September 2nd Commission Meeting. In addition, the auditors have requested that their letter ("Attachment 1") be accepted for filing with the City Commission. A representative from Keefe McCullough will be present at the meeting. However, since the Report is the responsibility of Charter Schools USA, I respectfully request that any questions be discussed with the City Manager prior to the meeting. CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission (DSAHS Board of Directors) FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Assistant City Manager— Finance and Administration Vivien Tsirkas, Controller, Charter Schools USA DATE: August 26, 2021 SUBJECT: Don Soffer Aventura High School (the "School") Special Purpose Financial Report Background As required by State law and our Charter School Contract with the Miami-Dade County Public School District and in accordance with our Management Agreement with Charter Schools USA, they have prepared the Don Soffer Aventura High School's (the "School's") financial statements (the "Report") for the fiscal year ended June 30, 2021 (attached). This Report encompasses the School's 2nd year of operations and was audited by Keefe McCullough. The Report complies with Generally Accepted Accounting Principles ("GAAP"), which includes Governmental Accounting Standard Board ("GASB") Statement No 34. The cover reflects that the Report represents"A Special Revenue Fund of the City of Aventura, Florida."As a result, the School's financial operations will be reflected in the City's Annual Comprehensive Financial Report for the fiscal year ended September 30, 2021, as well as in this Report. The key schedules in this Report include the: 1. Statement of Revenues, Expenditures and Change in Fund Balance — Governmental Fund (page 13), and the; 2. Schedule of Revenues and Expenditures — Budget and Actual — General Fund, (page 23). Please note that on page 23, revenue and expenditures (Actual Amount Column), aggregated $4,094,057 and $4,903,208, respectively. The net difference between revenue and expenditures of ($659,151) exceeds the planned and budgeted advance from the City's General Fund of ($487,871) by ($171,280) at June 30, 2021. The 1 additional shortfall results from the legislatively approved Emergency Order #7 Funding Adjustment to the FTE which we have been actively protesting with the Department of Education for the past few months. A follow-up call with them is scheduled in the near future in hopes of a successful resolution. It is important to note that although the School's first year of operations was fiscal year 2019/20, the Charter High School Fund was established in fiscal year 2017/18. Through a planned and budgeted Advance from the General Fund, fees related to the planning phase and costs associated with the charter school application and contract process were incurred and covered which resulted in a fund deficit. In fiscal year 2018/19 the Charter High School Fund incurred additional start-up expenditures so that the School would be ready to open for the 2019/20 School Year in August of 2019. These costs increased the fund deficit over the prior year and were again covered through a planned and budgeted Advance from the City's General Fund. In fiscal year 2019/20 the School opened and enrolled 200 9t" grade students and was planned to operate at a deficit since it would not be operating at full enrollment. Again the deficit was covered by a planned and budgeted Advance from the City's General Fund. In fiscal year 2020/21the School enrolled 415 9t" and 10t" grade students and was planned to operate at a deficit since it would not be operating at full enrollment. Again the deficit was covered by a planned and budgeted Advance from the City's General Fund. The School will likely operate at a deficit, (which the City is committed to covering)through a planned and budgeted Advance from the City's General Fund at least until the School reaches build-out in two (2) years. Once expenditures begin to level out, the School Fund could over time repay the Advance from the City's General Fund. The balance of the Report contains the School's statements and a narrative on a GASB 34 basis. The purpose of the GASB 34 governmental financial statements is to more closely resemble the financial statements of non-governmental entities. Therefore, page 9 contains a Statement of Net Position which is reconciled to the Balance Sheet on page 12. Similarly, the Statement of Activities (page 10) reflects a change in net position which is reconciled to the Statement of Revenues, Expenditures and Change in Fund Balance of the Governmental Fund on page 14. Whether you look at the School's operations from either a GASB 34 non-governmental basis (pages 9— 10) or a traditional governmental basis (pages 11, 13 and 23), the School is operating as budgeted and planned for from a financial perspective. The auditor letter dated August 25, 2021 is also required to be distributed to the City Commission by generally accepted auditing standards and was therefore attached to the September 2, 2021 City Commission Meeting Agenda. The reports contained in the "Compliance Section" of the Report on pages 25 — 28 of the Special Purpose Financial Report are required by generally accepted auditing standards and the Rules of the Auditor 2 General of the State of Florida. Please note that none of these documents contain any negative comments about the School's or City's operations. Future Actions In compliance with Florida Statute 218.39, the Report is required to be submitted to the governing board. As a result, the Report will be filed as an official record at a public meeting through a motion that will be made at the September 2nd Commission Meeting. Upon your review of this memorandum, please contact the City Manager with any questions you may have. 3 Ys��fi�t Keefe 5( WcCutlough CPA's+Trusted Advisers August 25, 2021 To the Honorable Mayor and Members of the City Commission City of Aventura, Florida Don Soffer Aventura High School City of Aventura, Florida We have audited the basic financial statements of the governmental activities and the major fund of Don Soffer Aventura High School (the "School"), for the year ended June 30, 2021. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated June 1, 2020. Professional standards require that we provide you with the following information related to our audit. Significant Audit Matters Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the School are described in Note 2 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year ended June 30, 2021.We noted no transactions entered into by the School during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the School's financial statements was as follows: Depreciation of capital assets - Depreciation is provided on a straight-line basis over the respective estimated useful lives ranging from 3 to 5 years. The School has informed us they used all relevant facts available to them at the time of acquisition to make the best judgments about the depreciation methods and estimated useful lives of capital assets. The financial statement disclosures are neutral, consistent, and clear. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa,com 1 6550 N Federal Hwy,bth Floor, Fort Lauderdale, FL 33308 Phone:954,771.0896 Fax:954,938,9353 � " Top 2 Accounting Firms(Sor12h Florido Business JOUr"nol Top 00 ccou stin Firers in the U.S.(INSIDE PiiblicAero Lin ling ��, BEST PLACES TO WORK Don Soffer Aventura High School -2- August 25, 2021 Difficulties Encountered in Performing the Audit We experienced delays in obtaining the required information to perform our audit procedures. Charter Schools USA has been moving to an Oracle based accounting system that will ultimately streamline reporting and provide greater flexibility to analyze data. As is the case with system transitions, this impacted their ability to meet their reporting timeframes. In addition to working with consultants and a project manager,additional resources have been hired to establish a path and timeline to fully optimize the NetSuite system. We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. There were no uncorrected misstatements detected as a result of audit procedures. A detailed list of audit journal entries was provided to management and is available upon request. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated August 25, 2021. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the School's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the School's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to management's discussion and analysis and the budgetary comparison schedule which is required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. Don Soffer Aventura High School -3- August 25, 2021 Restriction of Use This information is intended solely for the information and use of the Members of the City Commission and management of the Don Soffer Aventura High School and is not intended to be, and should not be, used by anyone other than these specified parties. We would be pleased to discuss any questions that you may have. Very truly yours, KEEFE McCULLOUGH Don Soffer Aventura High School (A Special Revenue Fund of the City of Aventura, Florida) Basic Financial Statements And Supplementary Information For the Year Ended June 30, 2021 rr*4 MASKeefe McCullough CPA's +Trusted Advisors Don Soffer Aventura High School Table of Contents Independent Auditor's Report 1-2 Management's Discussion and Analysis (Not Covered by Independent Auditor's Report) 3-8 Basic Financial Statements Government-wide Financial Statements: Statement of Net Position (Deficit) 9 Statement of Activities 10 Fund Financial Statements: Balance Sheet - Governmental Fund 11 Reconciliation of the Balance Sheet -Governmental Fund to the Statement of Net Position (Deficit) 12 Statement of Revenues, Expenditures and Changes in Fund Balance - Governmental Fund 13 Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balance - Governmental Fund to the Statement of Activities 14 Notes to Basic Financial Statements 15-22 Required Supplementary Information Schedule of Revenues and Expenditures - Budget and Actual - General Fund 23 Note to Required Supplementary Information 24 Other Independent Auditor's Reports Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 25-26 Management Letter in Accordance with the Rules of the Auditor General of the State of Florida 27-28 INDEPENDENT AUDITOR'S REPORT Honorable Mayor and Members of the City Commission of the City of Aventura Don Soffer Aventura High School Aventura, Florida Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and the major fund of Don Soffer Aventura High School (the "School"), a Special Revenue Fund of the City of Aventura, Florida (the "City") as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the School's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.com 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 �v®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 1 BEST PLACES TO WORK Don Soffer Aventura High School We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and the major fund of the School, as of June 30, 2021, and the respective changes in financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note 1, the financial statements of the School present only the Special Revenue Fund of the City and they do not purport to, and do not, present fairly the financial position of the City as of June 30, 2021, and its changes in financial position or budgetary comparisons, where applicable, for the year ended June 30, 2021 in conformity with accounting principles generally accepted in the United States of America. Our opinion is not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information, as listed in the table of contents, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated August 25, 2021, on our consideration of the School's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the School's internal control over financial reporting or on compliance.That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the School's internal control over financial reporting and compliance. �/-U#-W0 KEEFE McCULLOUGH Fort Lauderdale, Florida August 25, 2021 2 MANAGEMENT'S DISCUSSION AND ANALYSIS rAh YfRRSKeefe McCullough CPA's +Trusted Advisors Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2021 As management of Don Soffer Aventura High School (the "School"), a Special Revenue Fund of the City of Aventura, Florida, we offer readers of the School's basic financial statements this narrative overview and analysis of the financial activities of the School for the year ended June 30, 2021 and 2020. Management's discussion and analysis is included at the beginning of the School's basic financial statements to provide, in layman's terms, the past and current position of the School's financial condition. This summary should not be taken as a replacement for the audit which consists of the basic financial statements and other supplementary information. Financial Highlights Our basic financial statements provide these insights into the results of this year's operations. • The School's net position (deficit) was $ (1,531,673) as of June 30, 2021. Of this amount, $ (2,004,352) represents unrestricted net position (deficit) and $472,679 represent net investment in capital assets. • The School's net position decreased by$ 191,816 during the current fiscal year as a result of this year's operations. • As of June 30, 2021, the School's fund balance (deficit) was $ (1,978,408), which was a decrease of$ 659,151 from its prior year. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the School's basic financial statements. The School's basic financial statements are comprised of three components: 1) government-wide basic financial statements, 2) fund basic financial statements, and 3) notes to the basic financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Basic Financial Statements: The government-wide basic financial statements are designed to provide readers with a broad overview of the School's finances, in a manner similar to a private sector business. The statement of net position presents information on all of the School's assets and liabilities, and deferred inflows/outflows of resources, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the School is improving or deteriorating. However, as a governmental entity, the School's activities are not geared toward generating profit as are the activities of commercial entities. Other factors such as School safety and the quality of education, must be considered in order to reasonably assess the School's overall performance. The statement of activities presents information showing how the School's net position changed during the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g. uncollected revenues and services rendered, but unpaid). 3 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2021 The government-wide basic financial statements include all governmental activities that are principally supported by grants and entitlements from the state for full-time equivalent funding. The School does not have any business-type activities. The governmental activities of the School primarily include instruction and instructional support services. The government-wide basic financial statements can be found on pages 9 and 10 of this report. Fund Basic Financial Statements: A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The School has only one (1) category of funds—governmental funds. Governmental Funds: Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide basic financial statements. However, unlike the government-wide basic financial statements, governmental fund basic financial statements focus on near-term inflows and outflows of spendable resources, as well as balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating the School's near-term financing requirements. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the School's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and change in fund balance provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The School maintains one individual governmental fund. Information is presented in the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and change in fund balance. The governmental fund basic financial statements can be found on pages 11 through 14 of this report. Notes to Basic Financial Statements: The notes provide additional information that is essential for a full understanding of the data provided in the government-wide and fund financial statements. The notes to basic financial statements can be found on pages 15 through 22 of this report. Required Supplementary Information: In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the School's adopted budget to actual results. Government-Wide Financial Analysis The School has been in operation for two years; therefore, comparative government-wide data is presented. The School's net position (deficit) was $ (1,531,673) at June 30, 2021, which represents unrestricted net position (deficit) of$ (2,004,352) and net investment in capital assets of$ 472,679. The School's restated net position (deficit) was $ (1,339,857) at June 30, 2020. This amount represented unrestricted net position (deficit). 4 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2021 Our analysis in the table below focuses on the net position of the School's governmental activities, as of June 30, 2021 and 2020: Don Soffer Aventura High School Summary of Net Position (Deficit) June 30, June 30, 2021 2020 Assets: Current and other assets $ 105,345 $ 682,914 Capital assets, net of depreciation 472,679 - Total assets 578,024 682,914 Liabilities: Current liabilities 2,103,211 2,017,621 Noncurrent liabilities 6,486 5,150 Total liabilities 2,109,697 2,022,771 Net Position (Deficit): Net investment in capital assets 472,679 - Unrestricted (deficit) (2,004,352) (1,339,857) Total net position (deficit) $ (1,531,673) $ (1,339,857) Current and other assets decreased due to a reduction in the funds due from the City of Aventura. Capital assets, net of depreciation increased due to the purchase of computers,furniture, fixtures and other equipment. Current liabilities increased primarily due to an increase in the amount due to the City of Aventura. Governmental Activities The results of this year's operations for the School as a whole are reported in the statement of activities on page 10. The table below provides a condensed presentation of the School's revenues and expenses for the years ended June 30, 2021 and 2020: Don Soffer Aventura High School Summary of Changes in Net Position June 30, June 30, 2021 2020 Revenues: General revenues and transfers $ 3,304,440 $ 1,558,509 Program revenues 939,617 333,140 Total revenues 4,244,057 1,891,649 Functions/Program Expenses: Instruction 2,467,060 1,294,570 Instructional support services 1,591,737 1,245,039 Non-instructional expenses 377,076 249,955 Total expenses 4,435,873 2,789,564 Change in net position $ (191,816) $ (897,915) General revenues and transfers increased year-over-year due to an increase in the School's enrollment with the addition of a grade level. Florida Education Finance Program (FEFP) funds also increased with the new Teacher Salary Allocation funding. Program revenues increased due to the inclusion of new grant funds. Total expenses increased in alignment with the school's enrollment changes requiring additional instructional and non-instructional services. 5 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2021 Financial Analysis of the School's Funds As noted earlier, the School uses fund accounting to maintain control over resources that have been segregated for specific activities or objectives . The focus of the School's governmental fund is to provide information on near-term inflows, outflows and balances of spendable resources. Such information is useful in assessing the School's financing requirements. In particular, unassigned fund balance may serve as a useful measure of the School's net resources available for spending at the end of the fiscal year. As of the end of fiscal year 2020/21 the School's governmental fund reported a deficit fund balance of $ (1,978,408). Although the School's second year of operations was fiscal year 2020/21, the Charter High School Fund was established in fiscal year 2017/18. Through an Advance from the City's General Fund, fees related to the planning phase and costs associated with the charter school application and contract process were incurred and covered which resulted in a fund deficit. In fiscal year 2018/19 the Charter High School Fund incurred additional start-up expenditures so that the School would be ready to open for the 2019/20 School Year in August of 2019. These costs increased the fund deficit over the prior year and were again covered through a planned and budgeted Advance from the City's General Fund. In fiscal year 2019/20 the School opened and enrolled 200 9th grade students and was planned to operate at a deficit since it would not be operating at full enrollment. Again the deficit was covered by a planned and budgeted Advance from the City's General Fund. In fiscal year 2020/21 the School opened and enrolled 417 91" and 101" grade students and was planned to operate at a deficit since it would not be operating at full enrollments. Again, the deficit was covered by a planned and budgeted Advance from the City's General Fund. The School will likely operate at a deficit, (which the City is committed to covering)through a planned and budgeted Advance from the City's General Fund at least until the School reaches build-out in two (2) years. The hope would be that once expenditures begin to level out, the School Fund could overtime repay the Advance from the City's General Fund. Capital Assets and Debt Administration At June 30, 2021, the School had capital assets of $ 472,679 net of accumulated depreciation, as compared to$ 0 at June 30, 2020. A detailed schedule is on pages 19 and 20 in the notes to the basic financial statements. The School has no outstanding debt. General Fund Budgetary Highlights The 2020/21 school year represents the 2nd year of the School's operations. During the year, the budget was built around the educational requirements to accommodate 417 91" and 101" grade students as well as to begin to employ the leadership staff necessary to meet the full capacity of the school as it grows. The budget was prepared based on information and input provided by members from several divisions from Charter Schools USA ("CSUSA") and the School's principal. Total revenues were unfavorable to the budget in state sources due to lower FEFP funding. Total expenditures were slightly unfavorable to the budget by approximately $ 16,000 due to increased spending in building repairs and maintenance. 6 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2021 Economic Factors and Next Year's Budget Facts, decisions or conditions that are expected to have a significant effect on the financial position or results of operations of the School in fiscal year 2021/22 include the following: • At the time this Special Purpose Financial Report was prepared,we were and continue to be in the middle of the Coronavirus ("COVID-19") global pandemic crisis. For more than a year, COVID-19 has caused major disruption in international and U.S. economies and markets. Due to the fear of further spread of the virus, many of our societal norms have been sidelined due to quarantines,the cancellation of events and the overall reduction in business and economic activity. • For fiscal year 2022, the Florida Education Finance Program funding and the capital outlay revenue assumed at a flat rate in comparison to the current rate per student. The teacher salary allocation will continue to be a part of the base FEFP funding. A 2% merit increase for all staff was included in the budget. All other expenditures are budgeted in alignment with enrollment changes in the School's strategic objectives. The following are the major highlights of the 2021/22 budget: • The school budget is based on a projected enrollment of 620 91", 101" and 111" grade students. • A City subsidy of $477,628 (consistent with the prior year estimate) from the City's General Fund was required to balance the budget in order to maintain the following: o Adopt a Pay Plan that allows the School to maintain, attract and retain highly- qualified teachers at competitive salary levels; and to o Continue to meet the educational and technology/digital priorities established by the City Commission. • CSUSA has once again agreed to provide a subsidy to the School in an effort to assist the City in balancing the budget. In the coming year, CSUSA will increase their subsidy from the current year amount of $ 154,498 to $ 217,521 by reducing their management fee and by not charging the School for services normally provided and charged to other schools that they manage. • The total number of employees includes 47 full-time equivalent employees at a projected cost of$ 3,726,622. • Vendor Services includes contracted pupil transportation for two (2) buses to transport students that live two (2) miles or more from the School at a cost of $ 123,785. • In order to continue implementation of the flexible digital learning environment designed to prepare the students for the future, more than $ 250,000 has been budgeted for instructional licenses and textbooks under Instructional Expenditures. Capital expenditures includes$ 267,584 for costs associated with acquiring computer hardware and software, IT infrastructure, audio-visual equipment, and FF&E. 7 Don Soffer Aventura High School Management's Discussion and Analysis June 30, 2021 Compensation for Personnel Services: Total Compensation for Personnel Services is budgeted at $ 3,726,622 or 63.00% of the total budget or 68.53% of total operating revenue. This category includes 47 full-time equivalent employees (46 full-time and 2 part-time), including 11.5 administrative staff positions and 35.5 instructional staff positions. In order to maintain, attract, and retain highly qualified teachers, salaries for this category reflect the School's proposed Pay Plan and stipends of $ 127,750 in lieu of the Miami-Dade County Referendum. All employees are under contract with CSUSA. Requests for Information If you have any questions about this report or need additional information, please contact Vivien Tsirkas, Controller-Schools; Charter Schools USA, 800 Corporate Drive, Suite 700, Fort Lauderdale, Florida 33334. 8 BASIC FINANCIAL STATEMENTS Keefe 5(:YER)RS McCullough CPA's +Trusted Advisors Don Soffer Aventura High School Statement of Net Position (Deficit) June 30, 2021 Governmental Activities Current Assets: Cash and cash equivalents $ 91,739 Accounts receivable 53 Prepaid items 1,048 Deposits 12,505 Total current assets 105,345 Noncurrent Assets: Capital assets, net of accumulated depreciation 472,679 Total assets 578,024 Current Liabilities: Accounts payable and accrued expenses 28,027 Due to the City of Aventura 1,776,501 Due to management company 42,556 Salaries and wages payable 236,669 Compensated absences 19,458 Total current liabilities 2,103,211 Noncurrent Liabilities: Compensated absences 6,486 Total noncurrent liabilities 6,486 Total liabilities 2,109,697 Net Position (Deficit): Net investment in capital assets 472,679 Unrestricted (deficit) (2,004,352) Total net position (deficit) $ (1,531,673) The accompanying notes to basic financial statements are an integral part of these statements. 9 Don Soffer Aventura High School Statement of Activities For the Year Ended June 30, 2021 Governmental Program Revenues Activities Net Revenue Charges Operating Capital (Expense) and for Grants and Grants and Change in Expenditures Services Contributions Contributions Net Position Functions/Programs: Instruction $ 2,467,060 $ 15,082 $ 7,392 $ - $ (2,444,586) Student support services 258,766 - - - (258,766) Instructional media services 2,811 - - - (2,811) Instruction and curriculum development services 831 - - - (831) Instructional staff training services 13,294 - - - (13,294) Instruction related technology 65,649 - - - (65,649) Board 18,614 - - - (18,614) School administration 609,467 - - - (609,467) Fiscal services 194,411 - - - (194,411) Food services 77,675 22,480 71,340 - 16,145 Central services 86,376 - - - (86,376) Pupil transportation 102,590 - 16,699 - (85,891) Operation of plant 326,270 - 591,645 214,979 480,354 Maintenance of plant 212,059 - - - (212,059) Total governmental activities $ 4,435,873 $ 37,562 $ 687,076 $ 214,979 (3,496,256) General revenues: FTE nonspecific revenues 3,121,186 Interest income 40 Contributions 33,214 Transfer in from City of Aventura 150,000 Total general revenues and transfers 3,304,440 Change in net position (191,816) Net position (deficit),July 1, 2020, as restated (Note 11) (1,339,857) Net position (deficit),June 30, 2021 $ (1,531,673) The accompanying notes to basic financial statements are an integral part of these statements. 10 Don Soffer Aventura High School Balance Sheet- Governmental Fund June 30, 2021 General Fund Assets: Cash and cash equivalents $ 91,739 Accounts receivable 53 Deposits 12,505 Prepaid items 1,048 Total assets $ 105,345 Liabilities: Accounts payable and accrued expenses $ 28,027 Due to City of Aventura 1,776,501 Due to management company 42,556 Salaries and wages payable 236,669 Total liabilities 2,083,753 Fund Balance (Deficit): Nonspendable: Prepaid items 1,048 Deposits 12,505 Unassigned (deficit) (1,991,961) Total fund balance (deficit) (1,978,408) Total liabilities and fund balance $ 105,345 The accompanying notes to basic financial statements are an integral part of these statements. 11 Don Soffer Aventura High School Reconciliation of the Balance Sheet- Governmental Fund to the Statement of Net Position (Deficit) June 30, 2021 Total Fund Balance- Governmental Fund $ (1,978,408) Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and; therefore, are not reported in the governmental fund: Cost of capital assets $ 566,737 Less accumulated depreciation (94,058) 472,679 Certain liabilities are not due and payable in the current period and therefore are not reported in the governmental fund: Compensated absences (25,944) Net Position (Deficit) of Governmental Activities $ (1,531,673) The accompanying notes to basic financial statements are an integral part of these statements. 12 Don Soffer Aventura High School Statement of Revenues, Expenditures and Change in Fund Balance- Governmental Fund For the Year Ended June 30, 2021 General Fund Revenues: Federal Sources $ 651,409 State sources 3,360,256 Local sources 82,392 Total revenues 4,094,057 Expenditures: Instruction 2,367,658 Student support services 258,766 Instruction media services 2,811 Instruction and curriculum development services 831 Instructional staff training services 13,294 Instruction related technology 65,649 Board 18,614 School administration 609,467 Fiscal services 194,411 Food services 77,675 Central services 86,376 Pupil transportation 102,590 Operation of plant 326,270 Maintenance of plant 212,059 Capital outlay 566,737 Total expenditures 4,903,208 Excess (deficiency) of revenues over expenditures (809,151) Other Financing Sources: Transfers in from City of Aventura 150,000 Net change in fund balance (659,151) Fund Balance (Deficit), July 1, 2020, as Restated (Note 11) (1,319,257) Fund Balance (Deficit), June 30, 2021 $ (1,978,408) The accompanying notes to basic financial statements are an integral part of these statements. 13 Don Soffer Aventura High School Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balance- Governmental Fund to the Statement of Activities For the Year Ended June 30, 2021 Change in Fund Balance- Governmental Fund $ (659,151) Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures; however, in the statement of activities, the costs of those assets are depreciated over their estimated useful lives as provison for depreciation. Capital outlay $ 566,737 Current year provision for depreciation (94,058) 472,679 Certain items reported in the statement of activities do not require the use of current financial resources, and therefore, are not reported as expenditures in the governmental fund: Change in compensated absences (5,344) Change in Net Position of Governmental Activities $ (191,816) The accompanying notes to basic financial statements are an integral part of these statements. 14 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2021 Note 1- Organization and Operations Don Soffer Aventura High School (the "School") is a special revenue fund of the financial statements of the City of Aventura, Florida (the "City"). The School commenced operations in August 2019 in the City to serve students from nineth to twelfth grades. In its second year of operations, the School served students in nineth through tenth grade. The School has an enrollment of 417 for the year ended June 30, 2021. The School is funded from public funds based on enrollment and can also be eligible for grants in accordance with state and federal guidelines, including food service and capital outlay. The School can accept private donations and the City can incur debt for the operation of the School. Note 2- Summary of Significant Accounting Policies Reporting entity: The School operates under a charter granted by the sponsoring school district,the Miami-Dade County Public School District (the "District"). The current charter is effective until June 30, 2034 but provides for a renewal of up to 15 years by mutual agreement of both parties. At the end of the term of the charter, the District may choose not to renew the charter under grounds specified in the charter in which case the District is required to notify the School in writing at least 90 days prior to the charter's expiration. During the term of the charter, the District may also terminate the charter for good cause as defined. The School is owned and operated by the City, is part of the City's government and is not a separate legal entity or otherwise organized apart from the City. The City was incorporated in November 1995. The City operates under a Commission-Manager form of government. In accordance with Chapter 10.850, Rules of the Auditor General of the State of Florida, the School is required to prepare special purpose financial statements. Section 10.855(4) states that the special purpose financial statements should present the charter school's financial position including the charter school's current and capital assets and current and long-term liabilities, and net position: and the changes in financial position. The financial statements contained herein present only the operations of the School and do not purport to, and do not, present the financial position and changes in financial position of the City. Only capital assets acquired with School revenues are reported. The facility used by the School is owned by the City and the capital assets and related debt for the facilities are not included in this report. Basis of presentation: Based on the guidance presented in the American Institute of Certified Public Accountants Audit and Accounting Guide - Not-for-Profit Organizations and provisions of Section 228.056, Florida Statutes, the School is presented as a governmental organization for financial statement reporting purposes. Government-wide financial statements: The School's basic financial statements include both government-wide (reporting the School as a whole) and fund financial statements. Both the government-wide and fund financial statements categorize primary activities as either governmental or business-type. All of the School's activities are classified as governmental activities. In the government-wide statement of net position, the governmental activities column is reported on a full accrual, economic resource basis,which recognizes all current and noncurrent assets and all current and noncurrent liabilities. The School's net position is reported in three (3) categories: investment in capital assets; restricted; and unrestricted, as applicable. The government-wide statement of activities reports both the gross and net cost of each of the School's functions. The net costs, by function, are supported by general revenues. The statement of activities reduces gross expenses by related program revenues. Program revenues must be directly associated with the function. Operating grants include operating specific and discretionary grants while the capital grants column reflects capital-specific grants. 15 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2021 Note 2- Summary of Significant Accounting Policies (continued) Fund financial statements: The School's accounts are organized on the basis of funds. The operations of the fund is accounted for with a separate set of self-balancing accounts that comprise its assets, deferred outflows of resources, liabilities, deferred inflows of resources, fund balance, revenues and expenditures. The Charter School operating fund is a governmental fund type and is used to account for all of the School's financial transactions. Measurement focus and basis of accounting: Basis of accounting refers to the point at which revenues or expenditures/expenses are recognized in the accounts and reported in the basic financial statements. It relates to the timing of the measurements made regardless of the measurement focus applied. Governmental funds use the current financial resources measurement focus and the government-wide statement uses the economic resources measurement focus. Governmental activity in the government-wide financial statements is presented on the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when a liability is incurred, regardless of the timing of the related cash flows. The governmental fund financial statements are presented on the modified accrual basis of accounting under which revenue is recognized in the accounting period in which it becomes susceptible to accrual (i.e., when it becomes both measurable and available). Revenues susceptible to accrual include FTE nonspecific revenue, transportation funds, capital grant funds, operating grants and contributions and investment earnings. Intergovernmental revenues are recognized when all eligibility requirements have been met, if available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. For this purpose, the School considers revenues to be available if they are collected within two (2) months of the end of the current fiscal year. Expenditures generally are recorded when a liability is incurred. However, expenditures related to compensated absences are recorded only when paid from expendable available financial resources. Cash and cash equivalents: The School's cash and cash equivalents are maintained by the City in a pooled account for all funds. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash equivalents represent the amount owned by the Charter School operating fund. The City is responsible for all risks related to the School's cash and cash equivalents. Prepaid items: Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items. Capital assets: Capital assets purchased or acquired with an original cost of $ 750 or more are capitalized at historical cost or estimated historical cost and are reported in the government-wide financial statement. Donated capital assets are reported at acquisition value as of the date received. Additions, improvements and other capital outlays that significantly extend the useful life of an asset are capitalized and depreciated over the remaining useful lives of the related capital assets. Other costs incurred for repairs and maintenance are expensed as incurred. Depreciation on computer equipment and furniture, fixtures and equipment is provided on the straight-line basis over the respective estimated useful lives ranging from 3 to 5 years. 16 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2021 Note 2- Summary of Significant Accounting Policies (continued) Within governmental funds, amounts incurred for the acquisition of capital assets are reported as fund expenditures. Depreciation expense is not reported within the governmental fund financial statements. Deferred outflows/inflows of resources: In addition to assets, the statement of net position will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net position that applies to a future period(s) and so will not be recognized as an outflow of resources (expense/expenditure) until then. The School does not have any items that qualify for reporting in this category. In addition to liabilities, the statement of net position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources (revenue) until that time. The School does not have any items that qualify for reporting in this category. Unearned revenue: Unearned revenue arises when the School receives resources before it has a legal claim to them. Compensated absences: The School's policy permits employees to accumulate earned but unused paid time off, which is eligible for payment upon separation from service.The liability for such leave is reported as incurred in the government-wide financial statements. A liability for those amounts is recorded in the governmental funds only if the liability has matured as a result of employee resignations or retirements. The liability for compensated absences includes salary-related benefits, where applicable. Payments for compensated absences are paid out of the General Fund. State funding (primary source of revenue): Student funding is provided by the State of Florida through the School Board of Miami-Dade County, Florida. In accordance with the Charter Agreement, the School Board retains 5% as an administrative fee. This funding is received on a pro rata basis over the twelve-month period and is adjusted for changes in full-time equivalent student population. After review and verification of Full-Time Equivalent ("FTE") reports and supporting documentation,the Florida Department of Education may adjust subsequent fiscal period allocations of FTE funding for prior year's errors disclosed by its review as well as to prevent the statewide allocation from exceeding the amount authorized by the State Legislature. Normally, such adjustments are reported in the year the adjustments are made. Net position: Net position is classified in three categories. The general meaning of each is as follows: • Net investment in capital assets - represents the difference between the cost of capital assets, less accumulated depreciation, reduced by the outstanding balances of any borrowings used for the acquisition, construction or improvement of those assets. • Restricted - consists of net position with constraints placed on their use either by 1) external groups such as creditors, grantors, contributors, or laws or regulations of other governments, or 2) law through constitutional provisions or enabling legislation. 17 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2021 Note 2- Summary of Significant Accounting Policies (continued) • Unrestricted - indicates that portion of net position that will need to be provided by future operations. Fund balance: The governmental fund financial statements present fund balances based on the provisions of GASB Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This Statement provides more clearly defined fund balance classifications and also sets a hierarchy which details how the School may spend funds based on certain constraints. The following are the fund balance classifications used in the governmental fund financial statements: • Nonspendable - this classification includes amounts that cannot be spent because they are either not in spendable form or are legally or contractually required to be maintained intact. The School classifies inventories, prepaid items, long-term notes receivable and deposits as nonspendable since they are not expected to be converted to cash or are not expected to be converted to cash within the next year. • Restricted - this classification includes amounts that are restricted for specific purposes by external parties such as grantors and creditors or are imposed by law through constitutional provisions or enabling legislation. • Committed - this classification includes amounts that can be used for specific purposes voted on through formal action of the City Commission (the highest level of decision making authority). The committed amount cannot be used for any other purpose unless the City Commission removes or changes the commitment through formal action. • Assigned - this classification includes amounts that the School intends to use for a specific purpose but they are neither restricted nor committed. Assignments can be made by the City Manager,which the City Commission Members, by resolution, delegated such authority at their direction. The School classifies existing fund balance to be used in the subsequent year's budget for elimination of a deficit as assigned. • Unassigned - this classification includes amounts that have not been restricted,committed or assigned for a specific purpose within the General Fund. The details of the fund balances are included in the Governmental Funds Balance Sheet on page 11. When the School incurs expenditures for which restricted or unrestricted fund balance is available, the School would consider restricted funds to be spent first unless there are legal documents/contracts that prohibit doing this, such as in grant agreements requiring dollar for dollar spending. When the School has expenditures for which committed, assigned or unassigned fund balance is available, the School would consider committed funds to be spent first, then assigned funds and lastly unassigned funds. Encumbrances: Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of funds are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration. 18 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2021 Note 2- Summary of Significant Accounting Policies (continued) Encumbrances are recorded at the time a purchase order or other commitment is entered into. Encumbrances outstanding at year-end represent the estimated amount of expenditures which would result if unperformed purchase orders and other commitments at year-end are completed. Encumbrances lapse at year-end; however, the City and School generally intends to honor purchase orders and other commitments in process. As a result, encumbrances outstanding at year-end are re-appropriated in the next fiscal year and are therefore presented as committed or assigned fund balance for the subsequent year. As of June 30, 2021, there were no encumbrances outstanding. Use of estimates: The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Date of management review: Subsequent events were evaluated by management through August 25, 2021, which is the date that the financial statements were available to be issued. Note 3- Cash and Cash Equivalents At June 30, 2021,the carrying amount of the deposits and cash on hand totaled $ 91,739,with a bank balance of$ 130,495. State statutes require, and it is the School's policy, that all deposits be made into, and be held by, financial institutions designated by the Treasurer of the State of Florida as "qualified public depositories" as defined by Chapter 280 of the Florida Statutes. This Statute requires that every qualified public depository institution maintain eligible collateral to secure the public entity's funds. The minimum collateral to be pledged by an institution, the collateral eligible for pledge, and reporting requirements of the qualified public depositor to the Treasurer is defined by the Statute. Collateral is pooled in a multiple qualified public depository institution pool with the ability to assess members of the pool should the need arise. The School's deposits are held in a qualified public depository. They are covered by the collateral pool, as the School has identified itself as a public entity at June 30, 2021. Note 4- Capital Assets Balance at Balance at July 1, June 30, 2020 Additions Deletions 2020 Capital assets,depreciable: Computer hardware $ $ 115,450 $ $ 115,450 Furniture,fixtures and equipment 451,287 451,287 Total capital assets, depreciable 566,737 566,737 Accumulated depreciation: Computer hardware 21,052 21,052 Furniture,fixtures and equipment 73,006 73,006 Total accumulated depreciation 94,058 94,058 Net capital assets $ $ 472,679 $ $ 472,679 19 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2021 Note 4- Capital Assets (continued) Provision for depreciation was charged to governmental activities as follows: Instruction $ 94,058 Note 5- Commitments Management agreement: The City has a contract with Charter Schools USA, Inc. ("CSUSA") for administrative and educational management services for the operations of the School. All staff of the School are employees of CSUSA. Total fees paid to the management company for fiscal year 2020/2021 were approximately $ 187,000. The majority of other reimbursed expenditures by the City to CSUSA relate to teachers' salaries and benefits. The current agreement with CSUSA will expire on June 30, 2024. This agreement provides an additional renewal term of up to five years upon agreement of both parties and provided the Miami- Dade County School Board extends the charter granted to the City. The fee for services will be negotiated upon reaching a renewal agreement. Post-retirement benefits: The School does not provide post-retired benefits to retired employees. Note 6- Long-Term Liabilities Changes in the School's long-term liabilities for fiscal year ended June 30, 2021, are as follows: Balance at Balance at Amount July 1, June 30, Due Within 2020 Increases Decreases 2021 One Year Compensated absences $ 20,600 $ 13,394 $ 8,050 $ 25,944 $ 19,458 Note 7- Employee Benefit Plan During the year ended June 30, 2021, the School offered all of its full-time employees who had attained 21 years of age, a retirement plan (the "Plan") under Internal Revenue Code Section 401(k). The employee is allowed to contribute up to a maximum of 100% of his/her annual gross compensation, subject to certain limitations. The Plan provides for a discretionary employer matching contribution of the participant's annual elective deferral to the Plan. As determined annually by the School's management, the School may also make a discretionary profit sharing contribution, which is allocated among the participants based on a pro rata formula. Participants are immediately vested in their own contributions and earnings on those contributions. Participants become vested in School contributions and earnings on School contributions according to the following schedule: Years of Service Vesting Percentage 1 25% 2 50% 3 75% 4 100 20 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2021 Note 7- Employee Benefit Plan (continued) Nonvested contributions are forfeited upon termination of employment and such forfeitures are used to reduce any employer contribution. For the Plan year ending December 31, 2020, the School had no forfeitures. For the year ended June 30, 2021, the School contributed a matching amount of $ 10,033. Note 8- Risk Financing The School is exposed to various risks of loss related to torts, thefts of, damage to, and destruction of assets and natural disasters. The School has obtained property insurance from commercial companies including, but not limited to, general liability and errors and omissions insurance. There have been no claims in excess of insurance coverage limits during the past two years. As disclosed in Note 5, CSUSA employs all of the employees of the School. As a result, the School is not exposed to medical or workers' compensation claims for these individuals. In addition, CSUSA carries all required insurance including, but not limited to, general liability and errors and omissions insurance. Note 9- Fund Balance Deficit At the end of fiscal year 2020/21 the School's governmental fund reported a deficit fund balance of $ 1,978,408. Although the School's second year of operations was fiscal year 2020/21, the Charter High School Fund was established in fiscal year 2017/18. Through a planned and budgeted advance from the General Fund, fees related to the planning phase and costs associated with the charter school application and contract process were incurred and covered which resulted in a fund deficit. In fiscal year 2018/19 the Charter High School Fund incurred additional start-up expenditures so that the School would be ready to open for the 2019/20 School Year in August of 2019. These costs increased the fund deficit over the prior year and were again covered through a planned and budgeted advance from the City's General Fund. In fiscal year 2019/20 the School opened and enrolled 200 nineth grade students and was planned to operate at a deficit since it would not be operating at full enrollment. Again, the deficit was covered by a planned and budgeted advance from the City's General Fund. In fiscal year 2020/21 the School enrolled 417 students and was planned to operate at a deficit since it would not be operating at full enrollment. The deficit was covered by a planned and budgeted advance from the City's General Fund. The School will likely operate at a deficit, (which the City is committed to covering)through a planned and budgeted advance from the City's General Fund at least until the School reaches build-out in two (2) years. Once expenditures begin to level out, the School Fund could over time repay the advance from the City's General Fund. 21 Don Soffer Aventura High School Notes to Basic Financial Statements June 30, 2021 Note 10- Risk and Uncertainties The coronavirus (COVID-19) outbreak has caused disruption in international and U.S. economies and markets. The coronavirus and fear of further spread has caused quarantines, cancellation of events, and overall reduction in business and economic activity. On March 11, 2020, the World Health Organization designated the coronavirus outbreak as a pandemic. Management and the City Commission continue to evaluate and monitor the potential adverse effect that this event may have on the School's financial position and operations. The full impact of COVID-19 is unknown at this time and cannot be reasonably estimated as these events are still developing. Note 11- Prior Period Adjustments Fund balance (deficit), June 30, 2020 $ (1,339,857) Removal of compensated absences 20,600 Restated fund balance (deficit), June 30, 2020 $ (1,319,257) Net position (deficit), June 30, 2020 $ (1,360,457) Overstatement of compensated absences 20,600 Restated net position (deficit), June 30, 2020 $ (1,339,857) 22 REQUIRED SUPPLEMENTARY INFORMATION Ke e f e 5DRS McCullough CPA's +Trusted Advisors Don Soffer Aventura High School Schedule of Revenues and Expenditures- Budget and Actual - General Fund For the Year Ended June 30, 2021 Original Final Budget Budget Actual Variance Revenues: Federal through state $ 286,021 $ 682,425 $ 651,409 $ (31,016) State sources 3,357,117 3,521,087 3,360,256 (160,831) Local sources 178,070 45,862 82,392 36,530 Total revenues 3,821,208 4,249,374 4,094,057 (155,317) Expenditures: Instruction 2,333,055 2,340,370 2,367,658 (27,288) Student support services 210,507 252,590 258,766 (6,176) Instructional media services - - 2,811 (2,811) Instruction and curriculum development services - - 831 (831) Instructional staff training services 37,778 37,913 13,294 24,619 Instruction related technology 86,915 81,277 65,649 15,628 Board 12,726 14,392 18,614 (4,222) School administration 594,312 624,784 609,467 15,317 Fiscal services 186,751 186,751 194,411 (7,660) Food services 74,679 58,431 77,675 (19,244) Central services 99,853 102,426 86,376 16,050 Pupil transportation 115,668 115,668 102,590 13,078 Operation of plant 347,984 338,184 326,270 11,914 Maintenance of plant 108,851 116,827 212,059 (95,232) Capital outlay 250,000 617,632 566,737 50,895 Total expenditures 4,459,079 4,887,245 4,903,208 (15,963) Excess (deficiency) of revenues over expenditures (637,871) (637,871) (809,151) (171,280) Other Financing Sources: Advance from the City of Aventura General Fund 487,871 487,871 - (487,871) Transfers in from City of Aventura 150,000 150,000 150,000 - Total other financing sources 637,871 637,871 150,000 (487,871) Net change in fund balance $ - $ - $ (659,151) $ (659,151) See notes to required supplementary information. 23 Don Soffer Aventura High School Note to Required Supplementary Information For the Fiscal Year Ended June 30, 2021 Note 1- Budgets and Budgetary Accounting The School formally adopted a budget for the year ended June 30, 2021. Budgeted amounts may be amended by resolution or ordinance by the City Commission. The budget has been prepared in accordance with accounting principles generally accepted in the United States of America. A comparison of the actual results of operations to the budgeted amounts for the operating fund is presented as required supplementary information. 24 OTHER INDEPENDENT AUDITOR'S REPORTS KeefeDRRS J McCullough CPA's +Trusted Advisors Keefe 5(D McCullough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENTAUDITING STANDARDS Honorable Mayor and Members of the City Commission of the City of Aventura Don Soffer Aventura High School Aventura, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of Don Soffer Aventura High School (the "School"), a Special Revenue Fund of the City of Aventura, Florida, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the School's basic financial statements, and have issued our report thereon dated August 25, 2021. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the School's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the School's internal control. Accordingly, we do not express an opinion on the effectiveness of the School's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. SOUTH FLORIDA BUSINESS JOURNAL KMCcpa.corn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 KIND 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 25 BEST PLACES TO WORK Don Soffer Aventura High School Compliance and Other Matters As part of obtaining reasonable assurance about whether the School's financial statements are free from material misstatement,we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance.Accordingly, this communication is not suitable for any other purpose. k/4-W w KEEFE McCULLOUGH Fort Lauderdale, Florida August 25, 2021 26 Keefe 5(D McCullough CPA's+Trusted Advisors INDEPENDENT AUDITOR'S REPORT TO THE BOARD OF DIRECTORS Honorable Mayor and Members of the City Commission of the City of Aventura Don Soffer Aventura High School Aventura, Florida Report on the Financial Statements We have audited the financial statements of Don Soffer Aventura High School (the "School"), a Special Revenue Fund of the City of Aventura, Florida, as of and for the fiscal year ended June 30, 2021, and have issued our report thereon dated August 25, 2021. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States and Chapter 10.850, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards. Disclosures in that report, which is dated August 25, 2021, should be considered in conjunction with this management letter. Prior Audit Findings Section 10.854(1)(e)1., Rules of the Auditor General, requires that we determine whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no recommendations made in the preceding audit report. Official Title Section 10.854(1)(e)5., Rules of the Auditor General, requires that the name or official title of the entity and the school code assigned by the Florida Department of Education be disclosed in this management letter. The official title and the school code assigned by the Florida Department of Education are Don Soffer Aventura High School and 0950. SOUTH FLORIDA BUSINESS JOURNAL KMCcpaxorn 1 6550 N Federal Hwy,4th Floor, Fort Lauderdale, FL 33308 Phone:954.771.0896 Fax:954.938.9353 vv®© Top 25 Accounting Firms I South Florida Business Journal Top 400 Accounting Firms in the U.S.I INSIDE Public Accounting 27 BEST PLACES TO WORK Don Soffer Aventura High School Financial Condition and Management Sections 10.854(1)(e)2. and 10.855(11), Rules of the Auditor General, require us to apply appropriate procedures and communicate whether or not the School has met one or more of the conditions described in Section 218.503(1), Florida Statutes, and to identify the specific conditions) met. In connection with our audit, we determined that the School did not meet any of the conditions described in Section 218.503(1), Florida Statutes. Pursuant to Sections 10.854(1)(e)6.a. and 10.855(12), Rules of the Auditor General, we applied financial condition assessment procedures for the School. It is management's responsibility to monitor the School's financial condition,and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. Section 10.854(1)(e)3., Rules of the Auditor General, requires that we communicate any recommendations to improve financial management. In connection with our audit,we did not have any such recommendations. Transparency Sections 10.854(1)(e)7. and 10.855(13), Rules of the Auditor General, require us to apply appropriate procedures and communicate the results of our determination as to whether the School maintains on its website the information specified in Section 1002.33(9)(p), Florida Statutes. In connection with our audit, we determined that the School maintained on its website the information specified in Section 1002.33(9)(p), Florida Statutes. Additional Matters Section 10.854(1)(e)4., Rules of the Auditor General, requires us to communicate noncompliance with provisions of contracts or grant agreements,or abuse,that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. In connection with our audit, we did not have any such findings. Purpose of this Letter Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives,the Florida Auditor General, Federal and other granting agencies, the City Commission and applicable management and is not intended to be and should not be used by anyone other than these specified parties. �/-4-WU&4 KEEFE McCULLOUGH Fort Lauderdale, Florida August 25, 2021 28 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klopp Community Dev/opirector DATE: July 9, 2021 SUBJECT: Request to Amend Section 31-145(b) of the Land Development Regulations to Add Town Center Office Park Mixed Use (TC4) District July 13, 2021 Local Planning Agency Meeting Agenda Item 4 July 13, 2021 City Commission Meeting Agenda Item 7B September 2, 2021 City Commission Meeting Agenda Item 8A RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-145, "Town Center Zoning Districts" of the Land Development Regulations to add regulations for a new mixed-use district, the Town Center Office Park Mixed Use (TC4) District, to the section. THE REQUEST The proposed zoning district would facilitate redevelopment of lands currently utilized as an office park to diversify its uses, allowing residential and retail uses to be added while still containing a significant amount of office space. The request is to add the new mixed-use district to the City Code to facilitate a current proposal involving the Aventura Corporate Center as presented to the City Commission in June of 2021, as well as potential future similar development proposals. BACKGROUND The City's Land Development Regulations currently contain a Town Center (TC1) District which was included in the original 1999 Code to guide mixed-use development of a main town center in the City. This district allows residential and non-residential mixed-use development that generally complies with the RMF3 and 131 zoning districts and also allows a lifestyle center that includes some B2 zoning district uses. The Land Development Regulations also currently contain a Town Center Marine (TC2) District, again included in the original 1999 Code, to guide mixed-use development in what was then the marine industry area on and around NE 188 Street. This district allows residential and non-residential mixed-use development that generally complies with the RMF3 and 131 zoning district, but also recognizes the marine industry uses as permitted uses. A third district, Town Center Neighborhood (TC3), was added in 2013 in response to a development proposal known as Park Square. The district allows for a mix of residential and commercial uses and includes a requirement for assisted living as a use on the property. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed text of the Town Center Office Park (TC4) District follows in underlined text. Sec. 31-145. - Town Center Zoning Districts. (e) Town Center Office Park Mixed Use (TC4) District. The following regulations shall apply to all TC4 Districts: (1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well- planned and compatible manner, with an emphasis on office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed 25 dwelling units per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than a combination of all of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: a. Mixed-use structures. For the purposes of this subsection, mixed-use buildings or structures are those combining residential dwelling units conforming generally with the intent of the RMF3. Multifamily Medium Density Residential District, with office and/or retail commercial uses allowed in the 131. Neighborhood Business District. b. Office space comprising no less than 40% of the non-residential square feet of floor area on site 2 C. Hotels, with a minimum of 100 rooms. d. Kiosks and outdoor vending, when located within 100 feet of a lake or pond. e. Outdoor entertainment, including sales from trucks, wagons, or vehicles parked on public or private streets or pedestrian walkways may be permitted from time to time through Special Events permits issued by the City Manager or his or her designee. (3) Accessory uses permitted. Permitted incidental and accessory uses shall include: a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non- residential uses. b. Outdoor dining as an accessory use to a permitted restaurant or retail use. (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a. Those uses permitted in the B1 District with increased floor area. b. Uses that exceed the height limitations of subsection 31-145(e)(6)e. including parking structures. C. Indoor and outdoor commercial recreation uses. d. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements- 1. Be of 2,000 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami- Dade County Department of Environmental Resources Management. 3. Be fully screened by a masonry or concrete wall with a self- closing and locking metal door or pate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4. Be located in a manner consistent with the site development 3 standards of the TC1 Zoning District. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. e. Floor areas that are less than the minimum floor areas required by the provisions of Section 31-145(e)(6)g hereof. f. New Structured parking that is not incorporated into the building envelope of a primary use structure, as required by Section 31- 145(e)(8) hereof. q. If any surface of the top level of a new parking structure can be seen from a primary use building, and does not have the area of the top level landscaped and/or decoratively paved in order to provide amenity areas for building occupants, as required by Section 31-238 of this Code. h. Driveways with a separation of less than 150 feet of landscaped frontage as long as it is determined, as part of site plan review that: 1. Landscaping for the total project site exceeds the minimum requirements of this Code, and: 2. Traffic studies indicate that a lesser distance between driveways does not constitute a safety hazard to either vehicular or pedestrian traffic. i. Off-street parking that does not meet the requirements of Section 31- 171(b) or (d) of this Code. j. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. k. For buildings that attain LEEDO Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased lot coverage, provided that a preen roof and/or preen rooftop amenities are provided and maintained for the common benefit of building occupants: and: that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. 4 I. For buildings that attain LEEDO Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0. M. For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6. 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEEDO Gold or Platinum certification, the bonuses in I. and m. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEEDO Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. (5) Uses prohibited. Except as specifically permitted in this subsection (b), the following uses are expressly prohibited as either principal or accessory uses: a. Any use not specifically permitted. b. Adult entertainment establishments.- C. Sale of goods to other than the ultimate consumer. d. Sales, purchase, display or storage of used merchandise other than antiques. (6) Site development standards. a. Minimum lot size: Five gross acres. b. Minimum lot width: 100 feet. C. Maximum lot coverage: 45 percent of total lot area, provided that if 80 percent or more of the required parking spaces is provided in a parking structure, lot coverage may be increased to a maximum of 55 percent of the total lot area. d. Maximum floor density: 1. Residential component: 25 dwelling units per gross acre. 2. Nonresidential component: 2.0 floor area ratio. e. Maximum height: Four stories or 50 feet. including parking structures. f. Setbacks- 5 1. Front: 25 feet. 2. Side: There is no side yard setback required for a lot that is not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required. 3. Street side: 20 feet. 4. Rear: There is no rear yard setback required for a plot not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required. 5. Rear street: 20 feet. 6. Between buildings: No minimum building separation distance is normally required, except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet. q. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with Section 31-145(e)(4)e: Multiple-family dwelling unit: Efficiency unit: 800 square feet. One bedroom unit: 900 square feet. Two bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 40 percent of the total number of residential units within a building. h. Required open space: A minimum of 30 percent of the total lot area of the site shall be provided as common open space available for use by all residents or consumers: of this common open space a minimum of one-third shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining two-thirds may be used for non- 6 commercial recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas). Water bodies may be used toward the calculation of required open space. i. Design Standards: All Development in the TC4 Zoning District shall be compatible with existing adjacent development. Specifically, where greater heights are immediately adjacent to existing residential development, such height shall be graduated by steps so that the part of the structure within 50' of the property boundary is no more than two stories higher than existing residential development. j. A ride sharing, valet, and transit accommodation plan acceptable to the Community Development Director shall be provided at time of site plan approval. k. A bicycle parking plan and residential bicycle storage accommodations acceptable to the Community Development Director shall be provided at time of site plan approval. I. On-street parking, on both internal and external streets, shall be provided wherever feasible as shown on an on-street parking plan acceptable to the Community Development Director at time of site plan approval. (7) Accessibility for Mixed-Use Structures. All residential units shall be accessible to the outside via an entry lobby that does not require residents to pass through a leasable commercial space. (8) Performance standards. Any structured parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finished floor. In accordance with Section 31-145(e)(4)f, conditional use approval may be granted to authorize a waiver from the requirements that structured parking be incorporated into the building envelope of a primary use structure and that such structured parking conform to Section 31-238. ANALYSIS The proposed Town Center Office Park Mixed Use (TC4) District, detailed above, has been drafted using the same format as the TC1, TC2, and TC3 districts but is distinct from the previous TC districts in that it is intended to guide mixed-use development where office uses currently exist. It proposes a specific mix of residential and non-residential development that 7 generally complies with the Office Park, RMF3 and 131 zoning districts, similar to the TC1 and TC2 districts, but without the lifestyle center use permitted in the TC1 district, the more expansive marine industry uses in the TC2 district, or the ALF requirement of the TC3 District. TC4 adds kiosk uses around a lake or a pond as well as outdoor vending, and outdoor entertainment to the mix. It anticipates the possibility of special events, by separate permit, with sales from trucks, wagons, or vehicles parked on public or private streets or pedestrian walkways from time to time. The district is similar in the parameters of development to the TC3 District which facilitated the creation of Park Square. A design standard requiring stepped-back heights, aimed at protecting adjacent residential development of a smaller scale, is added to TC4. As compared to TC3, other new features which TC4 will require at plan approval are as follows: • a required ride-sharing, valet, and transit accommodation plan • a bicycle parking and residential bicycle storage plan, and • an on-street parking plan Any proposal to develop in accordance with the TC4 district will require an underlying future land use designation of Town Center as described in the City's Comprehensive Plan. The Town Center future land use category encourages hubs for future urban development intended to serve the City's existing and future residents and businesses with design-unified development providing direct accessibility by mass transit service and high-quality urban design. It provides for a design that encourages convenient, internal pedestrian circulation and is intended to create identifiable centers of activity with a distinctive sense of place. The proposed Town Center Office Park use regulations are compatible with this future land use category language. Staff provides the following analysis of the proposed amendment, pursuant to the review standards of the Land Development Regulations contained in Section 31-77 of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The intent of the Town Center land use designation is described in the Future Land Use Element of the City's Comprehensive Plan. This category encourages hubs for future urban development intended to serve the City's existing and future residents and businesses with design-unified development providing direct 8 accessibility by mass transit service and high quality urban design. It provides for a design that encourages convenient, internal pedestrian circulation and to create identifiable centers of activity with a distinctive sense of place. The proposed Town Center Office Park district regulations are compatible with this future land use language. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. "The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. Further, the LDRs are adopted in order to foster and preserve public health, safety and welfare and to aid in the harmonious, orderly and progressive development and redevelopment of the City..." The proposed amendment is consistent with this purpose. The proposed amendment and its accompanying design guidelines along with the site development standards of the district will aid in the harmonious, orderly and progressive redevelopment of the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reasons provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulations and a process by which to approve development or redevelopment of a property within a Town Center Office Park District in the City. 9 CITY OF AVENTURA ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-145 "TOWN CENTER ZONING DISTRICTS" TO PROVIDE FOR A NEW ZONING DISTRICT, "TOWN CENTER OFFICE PARK MIXED USE (TC4) DISTRICT;" PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the"City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, in response to the request of Aventura Opportunity Holdings, LLC, the City Commission desires to amend Chapter 31, "Land Development Regulations," Section 31-145, "Town Center Zoning Districts" of the Code of Ordinances to provide for a Town Center Office Park Mixed Use (TC4) District, consisting of a mix of residential and commercial uses, with an emphasis on office uses, and direct access to Biscayne Boulevard (the "proposed amendment"); and WHEREAS, the Town Center future land use category in the City's Comprehensive Plan, applicable to the proposed TC4 zoning district, encourages hubs for future urban development intended to serve the City's existing and future residents and businesses with design-unified development providing direct accessibility by mass transit service, and high-quality urban design; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment during the required public hearing and has recommended approval to the City Commission; and City of Aventura Ordinance No. 2021- WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission finds that the proposed amendment is in the best interest of the public and is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. Chapter 31 "Land Development Regulations," Article VII "Use Regulations," Section 31-145 "Town Center Zoning Districts" of the City Code is hereby amended to read as follows': CHAPTER 31 — LAND DEVELOPMENT REGULATIONS ARTICLE VII. - USE REGULATIONS Sec. 31-145. - Town Center Zoning Districts. (e) Town Center Office Park Mixed Use (TC4) District. The following regulations shall apply in the TC4 District- (1) Purpose. This district is intended to provide suitable sites for the development of structures and sites combining residential and commercial uses in a well-planned and compatible manner, emphasizing office uses with direct access to Biscayne Boulevard. Any approved site plan in this district shall provide a significant amount of office space as part of its commercial uses. Residential densities shall not exceed 25 dwelling units 'Underlined provisions constitute proposed additions to existing text. Page 2 of 10 City of Aventura Ordinance No. 2021- per gross acre and non-residential intensity shall not exceed a floor area ratio of 2.0. (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than a combination of all of the following specific uses, provided the requirements set forth elsewhere in this section are satisfied: a. Mixed-use structures. For the purposes of this subsection, mixed- use buildings or structures are those combining residential dwelling units conforming generally with the intent of the RMF3. Multifamily Medium Density Residential District, with office and/or retail commercial uses allowed in the B1. Neighborhood Business District. b. Office space comprising no less than 40% of the non-residential square feet of floor area on site. C. Hotels, with a minimum of 100 rooms. d. Kiosks and outdoor vending, when located within 100 feet of a lake or pond. e. Outdoor entertainment, including sales from trucks, wagons, or vehicles parked on public or private streets or pedestrian walkways may be permitted from time to time through Special Events permits issued by the City Manager or designee. (3) Accessory uses permitted. Permitted incidental and accessory uses shall include: a. Those uses allowed as accessory uses in the RMF3 Multi-Family Medium Density Residential District, except for uses which, by their nature, would inhibit the establishment of permitted commercial activities or restrict the acceptable mixing of residential and non- residential uses. b. Outdoor dining as an accessory use to a permitted restaurant or retail use. (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: a. Those uses permitted in the B1 District with increased floor area. b. Uses that exceed the height limitations of subsection 31-145(e)(6)e. including parking structures. C. Indoor and outdoor commercial recreation uses. Page 3 of 10 City of Aventura Ordinance No. 2021- d. Aboveground storage tanks. Aboveground storage tanks (AST) only as an accessory use and only for the purpose of storing fuel for emergency generators. ASTs must conform to the following requirements: 1. Be of 2,000 gallons capacity or less. 2. Be installed and operated under a valid permit from the Miami- Dade County Department of Environmental Resources Management. 3. Be fully screened by a masonry or concrete wall with a self- closing and locking metal door or pate. Such wall shall be landscaped in accordance with the City's Landscape Code. 4. Be located in a manner consistent with the site development standards of the TC1 Zoning District. Installation of any AST shall require a building permit from the City. Application for building permit shall be accompanied by a site plan indicating the location of the AST relative to property lines, the primary structure served by the AST, any other structures within 300 feet as well as a landscape plan prepared by a Florida licensed architect or landscape architect and other supporting documentation as deemed necessary by the City Manager or designee. e. Floor areas that are less than the minimum floor areas required by the provisions of Section 31-145(e)(6)g hereof. f. Structured parking that is not incorporated into a primary use structure's building envelope, as required by Section 31-145(e)(8) hereof. q. Any top-level surface area of structured parking that can be seen from a primary use building and does not have the area of the top level landscaped and/or decoratively paved in order to provide amenity areas for building occupants, as required by Section 31-238 of this Code. h. Driveways with a separation of less than 150 feet of landscaped frontage as long as it is determined, as part of site plan review that: 1. Landscaping for the total project site exceeds the minimum requirements of this Code, and: Page 4 of 10 City of Aventura Ordinance No. 2021- 2. Traffic studies indicate that a lesser distance between driveways does not constitute a safety hazard to either vehicular or pedestrian traffic. i. Off-street parking that does not meet the requirements of Section 31- 171(b) or (d) of this Code. j. All Uses permitted in the CF District, but not any use listed as a Conditional use in the CF district. k. For buildings that attain LEEDO Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased lot coverage, provided that a preen roof and/or preen rooftop amenities are provided and maintained for the common benefit of building occupants: and: that increased Florida-Friendly tree canopy and Florida-Friendly plantings designed to calm the heat island effect are located on site, all in an amount equal to the requested increased lot coverage. I. For buildings that attain LEEDO Gold or Platinum certification as provided in Article VI of Chapter 14 of the City Code, increased floor area ratio, not to exceed a floor area ratio of 2.0. M. For projects located on the same site as an existing office building or buildings, which office building or buildings was/were constructed before October 6. 2009 as evidenced by a temporary certificate of occupancy or certificate of occupancy and does/do not meet LEEDO Gold or Platinum certification, the bonuses in I. and m. above shall be calculated based on the applicant's total site area, provided that the new construction that attains LEEDO Gold or Platinum certification is the same size or larger than the total square footage of the existing office building or buildings. (5) Uses prohibited. Except as specifically permitted in this subsection (b), the following uses are expressly prohibited as either principal or accessory uses: a. Any use not specifically permitted. b. Adult entertainment establishments. C. Sale of goods to other than the ultimate consumer. d. Sales, purchase, display or storage of used merchandise other than antiques. (6) Site development standards. a. Minimum lot size: Five gross acres. Page 5 of 10 City of Aventura Ordinance No. 2021- b. Minimum lot width: 100 feet. C. Maximum lot coverage: 45 percent of total lot area, provided that if 80 percent or more of the required parking spaces is provided in a parking structure, lot coverage may be increased to a maximum of 55 percent of the total lot area. d. Maximum floor density: 1. Residential component: 25 dwelling units per gross acre. 2. Nonresidential component: 2.0 floor area ratio. e. Maximum height: Four stories or 50 feet, including parking structures. f. Setbacks- 1. Front: 25 feet. 2. Side: There is no side yard setback required for a lot that is not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required. 3. Street side: 20 feet. 4. Rear. There is no rear yard setback required for a plot not adjacent to a street or alley, unless such setback is necessary to provide light and air to residential units. In such cases a rear yard setback of 20 feet in depth is required. 5. Rear street: 20 feet. 6. Between buildings: No minimum building separation distance is normally required, except where necessary to provide light and air to residential units. In such cases, buildings may be no closer than 25 feet. q. Minimum floor areas: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with Section 31-145(e)(4)e: Multiple-family dwelling unit: Efficiency unit: 800 square feet. Page 6 of 10 City of Aventura Ordinance No. 2021- One-bedroom unit: 900 square feet. Two-bedroom unit: 1,050 square feet. For each additional bedroom in excess of two add 150 square feet. Efficiency units shall not exceed 40 percent of the total number of residential units within a building. h. Required open space: A minimum of 30 percent of the total lot area of the site shall be provided as common open space available for use by all residents or consumers: of this common open space a minimum of one-third shall be unencumbered with any structure (except for play equipment for children and associated mounting, fencing and furniture) and shall be landscaped with grass and vegetation approved in a landscape plan. The remaining two-thirds may be used for non-commercial recreational facilities, amenities, pedestrian walks, entrance landscaping and features (not including gatehouses and associated vehicle waiting areas). Water bodies may be used toward the calculation of required open space. i. Design standards: All Development in the TC4 Zoning District shall be compatible with existing adjacent development. Specifically, where greater heights are immediately adjacent to existing residential development, such height shall be graduated by steps so that the part of the structure within 50 feet of the property boundary is no more than two stories higher than existing residential development. j. Transportation standards. 1. A ride sharing, valet, and transit accommodation plan acceptable to the Community Development Director shall be provided at time of site plan approval. 2. A bicycle parking plan and residential bicycle storage accommodations acceptable to the Community Development Director shall be provided at time of site plan approval. to provide light and air to residential units. In such cases a side yard setback of 20 feet in depth is required. 3. On-street parking, on both internal and external streets, shall be provided wherever feasible as shown on an on-street parking plan acceptable to the Community Development Director at time of site plan approval. A ride sharing, valet, and transit accommodation plan acceptable to the Community Page 7 of 10 City of Aventura Ordinance No. 2021- Development Director shall be provided at time of site plan approval. (7) Accessibility for Mixed-Use Structures. All residential dwelling units shall be accessible to the outside via an entry lobby that does not require residents to pass through a leasable commercial space. (8) Performance standards. Any structured parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. Parking structure ceiling heights shall be seven feet six inches except where greater heights may be required by other regulatory agencies. Pipes, ducts and mechanical equipment installed below the ceiling shall not be lower than seven feet zero inches above finished floor. In accordance with Section 31-145(e)(4)f, conditional use approval may be granted to authorize a waiver from the requirements that structured parking be incorporated into the building envelope of a primary use structure and that such structured parking conform to Section 31-238. Section 3. Severability. 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. Section 4. Conditions. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. Section 5. Inclusion in the Code. 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 Page 8 of 10 City of Aventura Ordinance No. 2021- renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Evans, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 9 of 10 City of Aventura Ordinance No. 2021- PASSED on first reading on this 131" day of July, 2021. PASSED AND ADOPTED on this 2nd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Ordinance was filed in the Office of the City Clerk this day of , 2021 Page 10 of 10 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: August 27, 2021 SUBJECT: Ordinance Amending Article I of Chapter 14 of the City Code by Creating Code Section 14-2 Requiring the Delivery to the City of Building Engineering Reports Which Reflect Commercial Building Conditions, Including Structural and Life Safety Components 1st Reading August 10, 2021 City Commission Special Meeting Agenda Item 4 2nd Reading September 2, 2021 City Commission Meeting Agenda Item 8B RECOMMENDATION It is recommended the City Commission approve the attached Ordinance amending Article I of Chapter 14 of the City Code creating Section 14-2 "Delivery of Engineering Reports Concerning Commercial Buildings". This allows the City to monitor commercial building conditions and ensure compliance by property owners with life safety requirements of the Florida Building Code and Miami-Dade County and City Ordinances. This will serve to promote the health, safety and welfare of the residents and business community of the City. BACKGROUND The duties in this section are applicable to a "Responsible Person" which include any person, firm, corporation or entity who is the owner of a commercial building consisting of more than 2,000 square feet of floor area. Once the "Responsible Person" receives the report of a professional engineer or architect concerning the structural, electrical, or life safety conditions of a commercial building which is under their ownership, they shall file a copy of the report with the City's Chief Building Official and City Manager within 48 hours of receipt. Violation of this Ordinance shall be subject to penalties. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1995-21 CITY OF AVENTURA ORDINANCE NO. 2021- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" OF THE CITY CODE, BY CREATING CITY CODE SECTION 14-2 "DELIVERY OF ENGINEERING REPORTS CONCERNING COMMERCIAL BUILDINGS", TO REQUIRE THE DELIVERY TO THE CITY OF BUILDING ENGINEERING REPORTS WHICH REFLECT BUILDING CONDITIONS, INCLUDING STRUCTURAL AND LIFE SAFETY COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the " City")finds that it is necessary to further enhance the monitoring of commercial building conditions within the City to ensure compliance by property owners with life safety requirements of the Florida Building Code and applicable Miami-Dade County and City Ordinances; and WHEREAS, the City Commission finds that the timely delivery of engineering reports to the City, as provided herein, will serve to further promote the health, safety and welfare of the residents and business community of the City. 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 Section 14-2 "Delivery of Engineering Reports Concerning Commercial Buildings", of Article I, "In General", of Chapter 14 "Buildings and Building Regulations" of the City Code of the City of Aventura is hereby amended by creating the following new Section, to read as follows: City of Aventura Ordinance No. 2021- Chapter 14 — Buildings and Building Regulations ARTICLE I —In General Section. 14-2— Delivery of Engineering Reports Concerning Commercial Buildings. (a) The duties imposed by this Section are applicable to any person, firm, corporation or entity (the "Responsible Person") who is the owner (the "Owner") of a commercial building consisting of more than 2,000 square feet of floor area (the "Commercial Building"). The duties of this Section shall also apply to any person, firm, corporation or entity serving as a property manager (the "Property Manager') for a Commercial Building. A Property Manager shall be included in the term "Responsible Person" as used in this Section. The Owner may designate a qualified employee or contractor of the Owner to perform the duties of paragraphs (b) and (c) of this Section on behalf of and in lieu of the Owner by filing a written designation with the City Manager naming the person, firm, corporation or entity who shall assume such duties of the Owner (the "Designee"). The written designation and acceptance of the designation by the Designee must be provided to and approved by the City Manager on a form which is authorized for use by the City Manager. A violation of this Section by an Owner is not cured by the filing of the designation form after conduct which constitutes a violation of this Section by the Owner has already occurred. A Designee shall constitute a Responsible Person under this Section. (b) In the event that a Responsible Person(i.e.: the Owner or his or her Designee or Property Manager) receives the report of a professional engineer or architect (collectively, the "Engineer's Report") concerning the structural, electrical, or life safety conditions of a Commercial Building which is under the ownership of such Responsible Person or for which the Responsible Person is the Designee or Property Manager, said Responsible Person shall file a copy of such Engineer's Report with the City's chief Building Official and City Manager. (c) The Engineer's Report described in paragraphs (a) and (b) above, shall be filed with the City officials listed above within 48 hours of receipt of said Engineer's Report by the Responsible Person. Filing shall be accomplished by hand delivery to the offices of the City's chief Building Official and City Manager at the Aventura Government Center and/or by email filing at the following link- engineeringreports@cityofaventura.com or other link provided for this purpose on the City's website. If an Engineer's Report is hand delivered, it shall be hand delivered to the offices of the City's chief Building Official and City Manager in both digital format and hard copy for compliance with this Section. Engineer's Reports which have been provided to a Responsible Person before the effective date of this Section shall be filed by the Responsible Person with the City within 48 hours of City's written request. Page 2 of 5 City of Aventura Ordinance No. 2021- (d) For purposes of this section, the term "Commercial Building", includes buildings or any portion thereof which is used for commercial, industrial or institutional purposes. Section 3. Penalty. That a violation of this Ordinance shall be subject to the penalties provided in Section 1-14 of the City Code. This Ordinance shall also be subject to enforcement under the code enforcement process provided by Chapter 2, Section 2- 331, et. seq., of the City Code as amended from time to time. Section 4. 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. Section 5. 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 6. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Ordinance. Section 7. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. Page 3 of 5 City of Aventura Ordinance No. 2021- The foregoing Ordinance was offered by Mayor Weisman, who moved its adoption on first reading. This motion was seconded by Commissioner Shelley and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Yes Commissioner Rachel S. Friedland Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Jonathan Evans Commissioner Rachel S. Friedland Commissioner Denise Landman Commissioner Marc Narotsky Commissioner Robert Shelley Vice Mayor Dr. Linda Marks Mayor Enid Weisman Page 4 of 5 City of Aventura Ordinance No. 2021- PASSED on first reading on this loth day of August, 2021. PASSED AND ADOPTED on second reading on this 2nd day of September, 2021. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5