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05-02-2023 City Commission Regular Meeting Agenda CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..�V r■. e4 q CITY COMMISSION REGULAR MEETING AGENDA May 2, 2023 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Billy Joel Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura City Commission Regular Meeting Agenda May 2, 2023 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ANNOUNCEMENT OF VICE MAYOR 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: • Proclamations • Special Recognitions • Employee Service Awards • Introduction of Police Chaplains • Charter School Update 6. C O N S E N T AG E N D A: 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: • April 4, 2023 City Commission Regular Meeting • April 20, 2023 City Commission Regular Workshop B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR TWO-YEAR TERMS ENDING IN MAY 2025; 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. 23-03-22-3, YACHT CLUB DRIVE POCKET PARK,TO HG CONSTRUCTION DEVELOPMENTAND INVESTMENT, INC. AT THE BID PRICE OF $699,167.78; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 3 Aventura City Commission Regular Meeting Agenda May 2, 2023 E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF AUDIO VISUAL UPGRADES AND A LECTERN FOR THE EXECUTIVE CONFERENCE ROOM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ONE YEAR, TO COMPENSATE THE CITY FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF-WAY ON BISCAYNE BOULEVARD, FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-DADE/BROWARD COUNTY LINE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE AGREEMENT AND AUTHORIZING PAYMENT TO GARLAND/DBS INCORPORATED FOR THE ROOF RESTORATION PROJECT AT THE AVENTURA COMMUNITY RECREATION CENTER IN THE AMOUNT OF $372,848.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BERRY DUNN MCNEIL & PARKER, LLC; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR RULES OF DECORUM AND PARTICIPATION AND ADDRESSING POSSIBLE DISRUPTIONS DURING MEETINGS OF THE CITY COMMISSION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 8. ORDINANCES — FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES — SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE MORE UNIFORMITY AMONG ADVISORY BOARD REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Regular Meeting Agenda May 2,2023 10. RESOLUTION/PUBLIC INPUT: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY TO PAY APPLICABLE HEALTH INSURANCE PREMIUMS FOR ELECTED OFFICIALS PARTICIPATING IN THE CITY HEALTH INSURANCE PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. 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 at the City of Aventura Government Center (19200 West Country Club Drive,Aventura). COMMISSION REGULAR WORKSHOP—MAY 18,2023 AT 9 AM COMMISSION REGULAR MEETING—JUNE 6,2023 AT 6 PM This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: April 28, 2023 SUBJECT: Approval of Minutes May 2, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held in April. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • April 4, 2023 City Commission Regular Meeting • April 20, 2023 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments Wy.. .pmv 14 gyp. AVENTURA CITY COMMISSION REGULAR MEETING MINUTES AP RI L 4, 2023 6:00 p.m. 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 Weinberg at 6:08 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Dr. Linda Marks', Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by the City Commission. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Mr. Wasson removed Item 9A from the agenda. 4. SPECIAL PRESENTATIONS: • Proclamation: Commissioner Paul A. Kruss, accompanied by Mayor Weinberg and the City Commissioners, presented Mike Driquez, Deputy Consul General of Israel in Miami, with a proclamation designating April 26, 2023 as Israel's Independence Day. • Special Recognitions. Mayor Weinberg, accompanied by the City Commissioners, presented ACES student James Reese with a special recognition certificate for competing as a finalist in the 2023 Miami Herald Spelling Bee. • Employee Service Awards: Mr. Wasson, accompanied by Chief Bentolila, presented Police Department Property Room/Crime Scene Supervisor Jeissy Martin (15 years) with a special recognition certificate and token of appreciation for the completion of milestone years of service with the City. • Aventura City of Excellence School Update: ACES student James Reese provided the school update. ' Participated via virtual communications media technology. Aventura City Commission Regular Meeting Minutes April 4, 2023 • Don Soffer Aventura High School Update: Principal Dr. Geoff McKee, College and Career Specialist Ms. Nicholson, and several DSAHS students provided the school update and other items of interest. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Bloom, seconded by Vice Mayor Joel, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • March 7, 2023 City Commission Regular Meeting • March 16, 2023 City Commission Regular Workshop B. Resolution No. 2023-18 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO$7,518.55 FOR ARMORERLINK PRODUCTS FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Motion approved as follows: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $11,821.30 FOR S.T.A.T. MEDICAL DEVICES FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2023-19 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE SPENDING PLAN APPROVED BY THE CITY COMMISSION AS DETAILED IN RESOLUTION NO. 2022-15 AND AMENDED IN RESOLUTIONS NO. 2022-33 AND NO. 2022-62 FOR THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT(ARPA);AUTHORIZING THE CITY MANAGER TO UTILIZE RECOVERY FUNDS TO INCLUDE COMMUNITY DEVELOPMENT, POLICE AND PARKS & RECREATION DEPARTMENT PROJECTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 6 Aventura City Commission Regular Meeting Minutes April 4, 2023 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures for items 6A and 6B and Mrs. Horvath administered the oath to all those wishing to offer testimony on items 6A and/or 6B. Commissioner Kruss announced that due to the proposed project being located next to his business and in order to avoid any appearance of conflict he would be recusing himself from voting on the items and left the meeting.2 RESOLUTIONS/PUBLIC HEARINGS: Mrs. Horvath read the following Resolution title: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT INDOOR COCKTAIL BAR/LOUNGE AREAS WITHIN RESTAURANTS ESTABLISHED AT THE PROPOSED AVENTURA FOOD HALL LOCATED AT 2777 NE 185 STREET; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Bloom and seconded by Vice Mayor Joel. Community Development Director Keven Klopp reviewed the item and recommended approval subject to the conditions as listed as well as the following changes to the conditions: Condition 5 to read - Each individual restaurant shall obtain an alcoholic beverage license from the State of Florida and begin sales and service of alcoholic beverages within (12) months of the alcoholic beverage license zoning approval granted by the City administration for that restaurant or such approval shall be deemed null and void; and Condition 8 to read - If the City Manager determines a particular tenant has created and/or is creating a nuisance, the City Manager may request that the conditional use approval as it relates to the particular tenant be brought to the City Commission for review. The following reviewed the project and provided comments on behalf of the Applicant (Aventura Corporate Center LLLP) for both Items 6A and 613: Brian Adler, Esq. — Bilzin Sumberg Baena Price & Axelrod LLP (1450 Brickell Avenue, 23rd Floor, Miami). The Commission discussed the item including parking and additional long-term off-site parking for Phase II of the project, which would need to be worked out with City staff with a mechanism for the City to be protected should the parking fall through. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Resolution passed unanimously (6-0) by roll call vote, with Commissioner Kruss absent, and Resolution No. 2023-20 was adopted. The Memorandum of Voting Conflict(Form 8B)for Commissioner Kruss is attached to the minutes as required. Page 3 of 6 Aventura City Commission Regular Meeting Minutes April 4, 2023 Mrs. Horvath read the following Resolution title- B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING VARIANCES FROM SECTION 31-144(C)(5)(D) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A SIDE-YARD SETBACK OF 10 FEET ALONG THE NORTH AND SOUTH PROPERTY LINES, WHERE SETBACKS OF 20 FEET ARE REQUIRED BY CODE, AND FROM SECTION 31-144 (C)(5)(A)2 TO PERMIT AN INCREASE IN THE LOT COVERAGE TO ALLOW 42.64% COVERAGE WHERE 40% IS PERMITTED FOR THE PROPERTY LOCATED AT 2777 NE 185 STREET; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Bloom and seconded by Commissioner Stern. Community Development Director Keven Klopp reviewed the item and recommended approval of the variances for decreased side yard setbacks and increased lot coverage. The following provided comments on behalf of the Applicant (Aventura Corporate Center LLLP): Brian Adler, Esq. — Bilzin Sumberg Baena Price & Axelrod LLP (1450 Brickell Avenue, 23rd Floor, Miami). Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Resolution passed unanimously (6-0) by roll call vote, with Commissioner Kruss absent, and Resolution No. 2023-21 was adopted. Commissioner Kruss returned to the meeting. 7. ORDINANCES — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE MORE UNIFORMITY AMONG ADVISORY BOARD REGULATIONS; 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 Stern and seconded by Commissioner Bloom. Mr. Wasson reviewed the item. Mayor Weinberg opened the item for public comment. There being no comments, Mayor Weinberg closed the item for public input. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. Page 4 of 6 Aventura City Commission Regular Meeting Minutes April 4, 2023 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC INPUT: The following item was removed from the agenda earlier in the meeting: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY TO PAY APPLICABLE HEALTH INSURANCE PREMIUMS FOR ELECTED OFFICIALS PARTICIPATING IN THE CITY HEALTH INSURANCE PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath read the following Resolution title- B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A BID/CONTRACT FOR BID NO. 23-02-27-3, FOUNDERS PARK SOUTH FACILITY, TO BEJAR CONSTRUCTION AT THE BID PRICE OF $1,308,748.00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Stern and seconded by Commissioner Kruss. Mayor Weinberg reviewed the item, which included the installation of tennis courts, pickleball courts, and planter boxes. Mayor Weinberg opened the item for public comment following a review of meeting decorum rules by Mr. Meyers. The following members of the public provided comments: Dr. Irene Lipof (3748 NE 209 Terrace), Karen Decou (21055 Yacht Club Drive #2801), Michael Yavner (21376 Marina Cove Circle#C14), Alicia Bolicini (3029 NE 188th Street), Harriette Brothman (21050 NE 38 Avenue #3101), Shaun Moss (3330 NE 190th Street #TH17), Rachel Moss (3330 NE 190th Street #TH17), Tova Itzhak (18021 Biscayne Boulevard #1104), Michael Campagna (3440 NE 192nd Street#5C), Angelina Orinski (NE 190t" Street), Marina Gulov (3330 NE 190th Street #2217), Xiu Wang (3115 NE 184tn Street #4301), Andrew Kantarzhi (3330 NE 190th Street #2219), Michael Jacobs (20875 NE 31st Place), Greg Salazar (3675 North Country Club Drive), Alessio Lombardi (3029 NE 188t" Street #706), Polonca Strumbelj (3610 Yacht Club Drive #509), Chiara Tomaselli (3060 NE 190th Street Unit 304), Leon Harvo (3300 NE 188t" Street), Penelope (Juvenile Aventura Resident), Manuel (Juvenile Aventura Resident), Alexis Dames (3330 NE 190th Street #1718), Larry Sobel (3300 NE 190t" Street), Nallely Matabuena (21220 Harbor Way #222), Emily Primer (3131 NE 188th Street #2-1004), Charles Primer (3131 NE 188t" Street #2-1004), Claire Sherman (20281 East Country Club Drive), and Cindy Orlinsky (20051 NE 37th Court). There being no additional comments, Mayor Weinberg closed the item for public input. Page 5 of 6 Aventura City Commission Regular Meeting Minutes April 4, 2023 Mayor Weinberg provided a brief overview regarding Founders Park South and the community gardens, as well as the other parks available throughout the City providing open green space to residents. The City Commission discussed advocating for all residents including compromise that was needed for the pickleball courts and the community gardens. The motion for approval of the Resolution passed unanimously (7-0) by roll call vote and Resolution No. 2023-22 was adopted. 10. REPORTS: Reports were provided by members of the City Commission as follows: Commissioner Friedland reported on the attendance of Commission members at Miami- Dade Days in Tallahassee and her participation on a forum of the American Jewish Congress. Mayor Weinberg reported on speaking at the Aventura Turnberry Jewish Center, the presentation of a proclamation with Commissioner Friedland to Sylvia Miller for her 106tn birthday, and the approval from Miami-Dade County to co-designate NE 190t" Street as Hidden Bay Drive instead of Marina Del Rey Boulevard (Aventura Resolution 2023-12). Commissioner Kruss reported on his attendance at the celebration of life ceremony for Marshall Gaskin Lewis and the presentation of a proclamation in recognition of his commitment to assisting those from vulnerable and underserved communities throughout South Florida. 11. PUBLIC COMMENTS: The following members of the public provided comments: Yauhen Kanchyna (3030 NE 188t" Street #401, Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Joel, seconded by Commissioner Friedland, and unanimously approved; thus, adjourning the meeting at 8:44 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 2, 2023. Page 6 of 6 CONFLICTFORM 8B MEMORANDUM OF VOTING MUNICIPAL, ' OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Kruss, Paul A. Aventura City Commission MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 2600 Island Boulevard #702 WHICH I SERVE IS A UNIT OF: CITY COUNTY 9 CITY ❑COUNTY ❑OTHER LOCAL AGENCY Aventura Miami-Dade County NAME OF POLITICAL SUBDIVISION: City of Aventura DATE ON WHICH VOTE OCCURRED MY POSITION IS: April 4, 2023 d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Paul A. Kruss hereby disclose that on April 4 20 23 (a)A measure came or will come before my agency which(check one or more) X inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, ; inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: On the April 4, 2023 City Commission agenda, items 6A and 6B required Commission action with respect to a proposed Food Hall located at 2777 NE 185th Street. I am the co-ower and corporate officer of Mo's Bagels & Deli, Inc., a restaurant in close proximity to the proposed Food Hall. Although I have no voting conflict concerning the Food Hall proposal, as any action taken by the City Commission would not create a special gain or loss to my restaurant or me, I decided not to participate in or vote on these items. When the items were introduced by the Mayor, I disclosed the fact that I would not be present during the discussion of items 6a and 6b, I left the Commission chambers and did not vote on either item due to a perception of a voting conflict. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. -1 lq Date Fi d Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. Wy.. .pmv 14 gyp. L AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES AP RI L 20, 2023 Following 9:00 a.m. School Governing Board Meetings 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 Weinberg at 10:41 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Billy Joel, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Paul A. Kruss was absent. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge was done at the DSAHS Governing Board Meeting. 3. Update: 2023 Legislative Update (City Attorney): Mr. Meyers reviewed an update covering the following legislative items: Form 6, Affordable Housing, Business Impact Estimate, Resiliency and Safe Structures Act, Condominiums and Cooperative Associations, and Short-Term Vacation Rental Registration Program. Mr. Meyers will provide a sample Form 6 and a workshop will be held if the law passes to require City Commission members to file a Form 6 in lieu of the current Form 1. The challenge on the City's ordinance that bans vacation rentals was briefly reported on. Commission members were encouraged to contact local legislators to inquire about their stance on the reviewed items. City Manager Summary: This item was provided for informational purposes. 4. Discussion: Designation of Director and Alternate Director to the Miami- Dade County League of Cities (MDCLC) for the Period of One Year (City Manager): Mr. Wasson explained the request from the League to provide the name of a director and alternate to represent the City on the MDCLC Board for a year. The City Commission discussed the wonderful job that the current director, Commissioner Friedland, was doing and Commissioner Stern's numerous attendance at the meetings. Aventura City Commission Regular Workshop Minutes—April 20, 2023 City Manager Summary: It was the consensus of the City Commission to designate Commissioner Friedland as the Director and Commissioner Stern as the Alternate Director for the City. 5. Discussion: Rules of Conduct at Public Meetings (City Attorney): Mr. Meyers reviewed a draft of the proposed rules to create a written policy similar to what other municipalities have and in line with the City Charter and resolutions addressing meeting decorum. The City Commission discussed the item and the need to provide written rules addressing decorum, as well as a process to address any disruptive conduct at meetings of the City Commission. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution providing for the rules of conduct at public meetings as presented. 6. Reappointment: Community Services Advisory Board Members (City Manager): Mr. Wasson recommended that the following current members be reappointed to the Board for two-year terms as proposed in the new ordinance: Bruce Davidson, Sandra Kaplan, Donna Mairs, Daniel Naim, Jesse Potack, Marjorie Rosenblatt, and Sherry Superfine. City Manager Summary: It was the consensus of the City Commission to proceed with a resolution reappointing the members to the Board as presented. 7. Review: Aventura Corporate Center Modification Request (City Manager): Mr. Wasson briefly introduced the item with proposed modifications to the project that was approved over a year ago for Aventura Corporate Center (20801 - 20807 Biscayne Boulevard). Michael Marrero, Esq. (Bercow Radell Fernandez Larkin & Tapanes PLLC), explained the change in the original plans, due to market changes with an increased demand for high quality residential development, including the Morgan Stanley building now remaining and moving the residential portion to Biscayne Boulevard with two buildings (1 at 24 stories and 1 at 15 stories). He reported on the traffic analysis showing an overall reduction with the newly proposed plan. Bernard Zyscovich, Architect (Zyscovich Architects), reviewed a presentation including the following: site plan, second floor, amenity deck, rendering, sections, and traffic trip generation. Jeffrey Davis, Owner, provided comments. The City Commission discussed the item including the following items: parking on 209tn Street, valet services, synergy with the Park Square project, a pedestrian bridge over Biscayne Boulevard versus a crosswalk, providing more parking and a user-friendly parking garage, towing, stacking on 207t" at Park Square, incentive for the use of bikes and scooters, and mobility plans. Page 2 of 3 Aventura City Commission Regular Workshop Minutes—April 20, 2023 The project will require conditional use approval (building heights and parking), as well as legislative changes to the TC4 District and Comprehensive Plan (increased residential units). City Manager Summary: It was the consensus of the City Commission for the item to proceed. 8. Update: Government Access Channel (City Manager): Mr. Wasson provided an update on providing a new Government Access Channel, including the annual fees charged for connection from the various service providers, as well as the annual charge for close captioning meetings for ADA compliance. The City Commission discussed the negotiation of fees and the types of programming that could be provided on the channel. City Manager Summary: It was the consensus of the City Commission to proceed with the Government Access Channel as discussed. The following additional items were discussed: Mr. Wasson reported on the following items to be on the May 2, 2023 Commission Meeting Agenda: 1.) the annual Florida Department of Transportation Landscaping Agreement for the medians and 2.) an emergency full roof replacement through a state contract at the Community Recreation Center. Consensus was provided for the two items to be placed on the May 2nd agenda. 9. Adiournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 12:10 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 2, 2023. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: April 28, 2023 SUBJECT: Resolution Declaring Property as Surplus May 2, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property 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 CC03065-23 CITY OF AVENTURA RESOLUTION NO. 2023- 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. 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg City of Aventura Resolution No. 2023- PASSED AND ADOPTED this 2nd day of May, 2023. HOWARD S. WEINBERG, ESQ. 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: April 28, 2023 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 Advidia P-24 1 OFV37862 Camera Advidia P-24 1 OHV30175 Camera APC BR700G 16 N/A UPS APC REPLACEMENT BATT 5 N/A UPS APC UPS RBC115 1 n/a Battery AV Equipment Cabinet 1 Cabinet Enclosure Avaya IP500 1 10WZ09000039 Phone System Avaya IP500 1 10WZ09000261 Phone System Avaya 107 NA Phones Brother Intelifax 4100e 1 U61639EOJ689653 FAX COSHIP CDVB5112 1 40001067600005 CD Player Dell 1704FPT1 1 CN-OY4299-71618-55I-BK1C Monitor Dell 1907FPc 1 MX-OGC578-70715-63K-046S Monitor Dell 2208WFPt 1 CN-OF532H-71618-865-081U-A00 Monitor Dell 2405FPW 1 CN-OT6133-46633-61L-OWGS Monitor Dell E170SB 1 CN-OJCT73-74261-27K-07WU Monitor Dell E2715f 1 9RL7012 Monitor Dell Equallogic 1 B7XMQW1 Storage Array Dell Equallogic 6100 1 1X9LV12 Storage Dell Latitude 5290 1 5B4KTQ2 Laptop Dell Latitude 5290 1 BZYJTQ2 Laptop Dell Latitude 5290 1 DL4KTQ2 Laptop Dell Latitude 5400 1 35G82Z2 Laptop Dell Latitude 5400 1 5P882Z2 Laptop Dell Latitude 5400 1 7K882Z2 Laptop Dell Latitude 5480 1 212281-12 Laptop Dell Latitude 5480 1 302281-12 Laptop Dell Latitude 5480 1 C8YTFH2 Laptop Dell Latitude 5480 1 DR1281-12 Laptop Dell Latitude 5490 1 35QCLQ2 Laptop Dell Latitude 5490 1 5JD7LQ2 Laptop Dell Latitude 5490 1 9KYCLQ2 Laptop Dell Latitude 5490 1 C6QCLQ2 Laptop Dell Latitude 5490 1 F6QCLQ2 Laptop Dell Latitude 5490 1 HTZCLQ2 Laptop Dell Latitude 5490 1 JHYCLQ2 Laptop Dell Latitude C540/C640 1 41<1GW21 Laptop Dell Latitude E5470 1 9VW41-72 Laptop Dell Latitude E5470 1 B2251-72 Laptop Dell Latitude E5470 1 CHL51-72 Laptop Dell Latitude E5470 1 DLL51-72 Laptop Dell Latitude E5470 1 G2X41-72 Laptop Dell Latitude E5480 1 25JP8H2 Laptop Dell Latitude E5480 1 2Y3VFH2 Laptop Dell Latitude E6430 1 2M3KKV1 Laptop Dell Latitude E6430 1 FTB3CW1 Laptop Dell Latitude E6440 1 16ZDK12 Laptop Dell Latitude E6440 1 3N4LG12 Laptop Dell Optiplex 7010 1 H83KQW1 Desktop Dell Optiplex 7020 1 G082W52 Desktop Dell Optiplex 7020 1 GV35W52 Desktop Dell Optiplex 7020 1 GV82W52 Desktop Dell Optiplex 7040 1 3YFLJK2 Desktop Dell Optiplex 7040 1 5NLFRD2 Desktop Dell Optiplex 7040 1 5NLJRD2 Desktop Dell Optiplex 7040 1 65TWRD2 Desktop Dell Optiplex 7040 1 COXCRD2 Desktop Dell Optiplex 7040 1 GT66RD2 Desktop Dell Optiplex 7040 1 GT6CRD2 Desktop Dell Optiplex 7040 1 GT75RD2 Desktop Dell Optiplex 7050 1 3Q4NWK2 Desktop Dell Optiplex 7050 1 3YGRJK2 Desktop Dell Optiplex 7050 1 3YJSJK2 Desktop Dell Optiplex 7050 1 3YMMJK2 Desktop Dell Optiplex 7050 1 3YTPJK2 Desktop Dell Optiplex 7050 1 3YVNJK2 Desktop Dell Optiplex 7050 1 3YXKJK2 Desktop Dell Optiplex 7050 1 7C1 SJK2 Desktop Dell Optiplex 7050 1 7C5PJK2 Desktop Dell Optiplex 7050 1 80CRJK2 Desktop Dell Optiplex 7050 1 1 81LKJK2 Desktop Page 1 of 2 4/28/2023 City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type Dell Optiplex 7050 1 HFLLJK2 Desktop Dell Optiplex 7050 1 HFZTJK2 Desktop Dell Optiplex 7050 1 HG7NJK2 Desktop Dell Optiplex 7060 1 1067MR2 Desktop Dell Optiplex 7060 1 1298MR2 Desktop Dell Optiplex 7060 1 12B7MR2 Desktop Dell Optiplex 7060 1 12BM5MR2 Desktop Dell Optiplex 7060 1 JGNZHQ2 Desktop Dell Optiplex 7060 1 JGPOMR2 Desktop Dell Optiplex 7060 1 JGPSHQ2 Desktop Dell Optiplex 7060 1 JGPXHQ2 Desktop Dell Optiplex 7060 1 JGPYHQ2 Desktop Dell Optiplez GX620 1 DPBLV71 Desktop Dell P2214HB 1 CN-OKW14V-74261-47T-05GB Monitor Dell R620 1 5C5HS22 Server Dell R620 1 GV7PZ12 Server Dell U2212HMC 1 CN-OPF48H-64180-27D-OYYL Monitor Dell 1 BTLC444412782 Computer Dell CN-OY4299-71618-563-CGV7 Monitor Dell 1 CN-OYR64P-74445-18B-AVQL Monitor Dell Latitude D600 1 6FLWR61 Laptop Fujitsu fi-4120C2 1 149297 Scanner Fujitsu FI-5120C 1 170564 Scanner Fujitsu fi-6110 1 504246 Scanner Fujitsu FI-6130 1 012949 Scanner Fujitsu FI-6130 1 013016 Scanner Fujitsu fi-6130 1 087774 Scanner Fujitsu FI-6130 1 088193 Scanner Harris E178661 1 L12C004199 Monitor HP Deskjet 6127 1 MY4583BOPV Printer HP Deskjet 6940 1 MY65G7R03V Printer HP Deskjet952C 1 MY0BM1F383 Printer HP HP Deskjet 6940 1 MY65A7R02Z Printer HP LaserJet Enterprise M608 1 CNBCN7M269 Printer HP LaserJet Pro 400 1 JPBDQ10171 Printer HP Officejet 6700 Premium 1 CN3AQCSGHX Printer HP OfficeJet Pro 6230 1 TH84A6ROK8 Printer HP OfficeJet Pro 6230 1 TH85E6r1SZ Printer HP OfficeJet Pro 6230 1 TH85E6R1T7 Printer HP OfficeJet Pro 6230 1 TH8A97R01B Printer HP OfficeJet Pro 7612 1 CES51501BQ Printer HP OfficeJet Pro 8500 1 MY96241155 Printer HP Photosmart C7280 1 MY86GHJ12G Printer IKEGAMI TM9-1 1 17605070 Small TV IKEGAMI TM9-2 1 13604021 Small TV Imprivata 1 NNG00145012700 Appliance Imprivata 1 NNG00145018700 Appliance Leightronix PRO-8 1 P81282 Audio Receiver Mikrotik GROOVE S2HPn 1 64A505324A1E Modem Mikrotik GROOVE S2HPn 1 64A5057EBC7B Modem Mikrotik GROOVE S2HPn 1 64A5059205C9 Modem Mikrotik GROOVE S2HPn 1 64A505F34F04 Modem Mikrotik GROOVE S2HPn 1 64A505FE3840 Modem Mitel I 480g 1 105820FW18375BB65E Phone Panasonic AG-1980P 1 KlTC00759 VHS Player Panasonic KX-P1131 1 7ATEUE03134 Printer Panasonic PV-C2011 1 GlAA20296 TV Samsung UN40H4005AF 1 03673CUGA00036X TV Sharp LC-20AV7U 1 705929698 TV Sonicwall NSA5600 1 COEAE4CDD088 Firewall Sonicwall NSA5600 1 COEAE4E3DAC2 Firewall Sony DVP-NS55P 1 2075274 DVD Player Sony DVP-NS55P 1 2075285 DVD Player Sony DVP-NS55P 1 2075308 DVD Player Sylvania SRD3900 1 D11318362A DVD Player Symphonic WF201-6 1 J33645830 TV Tech 1 EJ270HD022304 TV Valid P5500S 1 X12171 Printer Verizon Aircards 2 N/A USB Aircard Verizon MiFi Jetpack 2 N/A Jet pack Page 2 of 2 4/28/2023 CITY OF "ENTURA POLICE DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Michael Bentolila, Chief of Polices,,/-;- ' DATE: April 28, 2023 SUBJECT: Surplus Property I am requesting that the following listed items be declared surplus property, pursuant to the City of Aventura Administrative Policy Directives and Procedures (Chapter 6, Subsection 5, Pagel), as the property "has become obsolete, has outlived its usefulness, has become inadequate for the public purposes for which it was intended, or is no longer needed for public purposes:" WEAPONS Eight weapons for destruction due to damage and/or organic contamination. Fifty-One weapons for sale to licensed firearm vendor, weapons are functional, but not for City usage. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C-Y!;Q. DATE: April 28, 2023 SUBJECT: Resolution Appointing Members to the Community Services Advisory Board for a Two-Year Term May 2, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing the following individuals to serve as members of the Community Services Advisory Board for a two-year term, from May 2023 through May 2025: Bruce Davidson Sandra Kaplan Donna Mairs Daniel Naim Jesse Potack Marjorie Rosenblatt Sherry Superfine If you have any questions, please feel free to contact me. RJW/act Attachment CC03066-23 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR TWO-YEAR TERMS ENDING IN MAY 2025; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of the Community Services Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to approve the Mayor's appointment of members to the Community Services Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Community Services Advisory Board for two-year terms, from May 2023 through May 2025: Bruce Davidson Sandra Kaplan Donna Mairs Daniel Nairn Jesse Potack Marjorie Rosenblatt Sherry Superfine Section 2. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2023- 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C4. BY: Antonio F. Tomei, Capital Projects Manager 7J DATE: April 28, 2023 SUBJECT: Bid No: 23-03-22-3 —Yacht Club Drive Pocket Park May 2, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 23-03-22-3, Yacht Club Drive Pocket Park to the lowest responsible and responsive bidder, HG Construction Development & Investment, Inc. for the price of $699,167.78. This project will be funded by Budget Line Item Number 101-8050-861.64-02. BACKGROUND In accordance with the City's Purchasing Code, bids for this project were solicited, advertised, and opened on March 27, 2023. The City received four(4) bids for this project which are listed below in order from lowest to highest. • HG Construction Development & Investment, Inc. $699,167.78 • Waypoint Contracting, Inc. $699,750.00 • Florida Palm Construction $744,983.02 • M&J Consulting Group Corp. $965,465.54 This bid price allows for the furnishing of all labor, materials, tools, equipment, machinery, superintendence, mobilization, and services necessary for the installation of the park equipment and the associated site improvements including park infrastructure, parking, pedestrian connectivity, water service, drainage, landscaping, and electrical service at the Yacht Club Drive Pocket Park. If you have any questions or need any additional information, please feel free to contact me. Kimley>Morn April 13, 2023 City of Aventura Antonio Tomei,Capital Projects Manager 19200 West Country Club Drive Aventura,FL 33180 Re: City ofAventura Yacht Club Drive Pocket Park Improvements City ofAventura Bid No. 23-03-22-3 Bid Recommendation 043508138 Dear Mr. Tomei: The City of Aventura(City)advertised the Pocket Park Improvements Project on March 22, 2023. A pre-bid meeting was held on March 1,2023 to discuss the project with potential bidders,and on March 27, 2023 bids were publicly opened and read. The project primarily includes the installation of a park with a proposed playground area with on street parking and associated site improvements(landscaping,water, sewer, electrical services, and pedestrian connectivity). The project also includes roadway,curbing,sidewalk, and site restoration. The following is a bid summary of the Total Bid Amounts for the two (2)lowest bidding contractors: 1. HG Construction Development&Investment, Inc. $ 699,167.78 2. Waypoint Contracting,Inc. $ 699,750.00 3. Florida Palm Construction $ 744,983.02 4. M&J Consulting Group Corp. $ 965,465.54 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 HG Construction Development& Investment, Inc. with a total bid amount of$699,167.78. 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 Roberto Hernandez who is listed as the Vice President/Project Manager. Kimley-Horn called the three (3)references provided by the contractor. Two of the references responded and were overly satisfied with the contractor's performance and would utilize their services again. As a result, the recommendation is to award this contract to HG Construction Development&Investment,Inc.as the lowest,responsive bid. 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) 535-5137. Sincerely, KIMLEY-HORN&ASSOCIATES,INC. ( /FJ v Stefano Viola,P.E. FL P.E.No. 74655 Copy To: File KAFTL Civil\043 jobs\043508120 Peace Pk Restroom\Bid doc=ents\Bid Reco=endation\Bid Recommendation-Peace Park.docx SECTION 00410 HG Construction Development SCHEDULE OF VALUES —BIDDER'S COMPANY NAME:& Investment, Inc Time to Substantial Completion: 180 calendar days upon issuance of the Notice to Proceed. Time to Final Corpletion: 30 calendar days. TOTAL CONTRACT TIME = 210 CALENDAR DAYS Pay Estimated Description Unit Unit Price Extended Item Quantity Price GENERAL 100 1 Mobilization/Demobilization LS 32,923.07 32,923.07 101 1 Maintenance of Traffic LS 16,276.00 16,276.00 102 1 Storm Water Pollution Prevention Plan LS 19 013.50 19 013.50 103 1 Clearing and Grubbing/Demolition LS 33,420.53 33,420.53 104 1 Site Restoration LS 18,320.15 18,320.15 105 1 Permits AL $25,000 25,000.00 106 1 Allowance for City of Aventura Police AL $25,000 1 25,000.00 CIVIL SITE 107 0.22 Clearing Earthwork AC 10 800.00 2,376.00 108 270 Removing Existing Curb LF 3.32 896.40 109 275 Removing Existing Striping LF 10.91 3,000.25 110 225 Removing Existing Concrete Sidewalk SY 27.00 6,075.00 ill 22 Relocate Trees EA 1,500.00 33,000.00 112 400 1.5" Asphalt Surface Type SP-9.5 SY 35.40 14 160.00 113 400 8" Limerock Base SY 22.73 9,092.00 114 400 12" Stabilized Subgrade SY 10.60 4,240.00 115 400 5' Concrete Sidewalk(4" Depth) SY 52.11 20,844.00 116 815 Type "F" Curb and Gutter LF 18.66 15,207.90 117 10 12" Header Curb LF 18.00 180.00 118 2 CR-C Ramps EA 1,895.22 3,790.44 Yacht Club Drive Pocket Park City of Aventura Bid No.23-03-22-3 KEA Project No. 043508138 00410-4 119 1 Ramp and intermediate landing with handrails LS 8,784.00 8,784.00 120 1 Concrete Steps LS 4,200.00 4,200.00 121 70 Detectable Warning Mat SF 54.00 3,780.00 122 1 Pavement Markings LS 4,161.60 4,161.60 123 5 Proposed Signs EA 540.00 2,700.00 DRAINAGE 124 2 Proposed Catch Basin EA 6,565.92 13,131.84 125 1 Modify Existing Catch Basin EA 2,750.00 2,750.00 126 65 15" RCP LF 75.71 4,921.15 127 70 18" HDPE LF 60.80 4,256.00 128 53 5' Wide Exfiltration Trench LF 204.27 10,826.31 UTILITIES 129 1 Electrical Conduit, Pullbox and Power for Water LS Fountain 20,616.00 20,616.00 130 1 Connecting to Relocated Irrigation Main with TEE LS 700.00 700.00 131 95 2" PVC Water Service LF 134.63 12,789.85 132 1 Hose Bib EA 120.00 120.00 133 1 Refrigerated Drinking Water Fountain EA 11 682.54 11 682.54 134 1 Utility Relocation LS 6,000.00 6,000.00 135 1 Irrigation System Relocation LS 34,605.60 1 34,605.60 PARK HARDWARE 136 1 Playground Equipment LS 81,420.53 81,420.53 137 1 Playground Canopy LS 87 009.24 87 009.24 138 1 Playground Surface LS 101,897.88 101,897.88 TOTAL EXTENDED PRICE 1699,167.78 Yacht Club Drive Pocket Park City of Aventura Bid No.23-03-22-3 KRA Project No. 043508138 00410-5 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 23-03-22-3, YACHT CLUB DRIVE POCKET PARK, TO HG CONSTRUCTION DEVELOPMENT AND INVESTMENT, INC. AT THE BID PRICE OF $699,167.78; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has properly solicited and accordingly accepted bids for BID NO. 23-03-22-3, Yacht Club Drive Pocket Park; and WHEREAS, staff has determined that HG Construction Development and Investment, Inc. ("HG Construction") 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 HG Construction as the 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. 23-03-22-3, Yacht Club Drive Pocket Park, is hereby awarded to HG Construction in the amount of$699,167.78. Section 2. That the City Manager is hereby authorized to execute a contract with HG Construction for the Yacht Club Drive Pocket Park project specified in the bid documents. Section 3. That the City Manager is hereby authorized to take all other necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. City of Aventura Resolution No. 2023- 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 101-8050-861.64-02. 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (92- DATE- April 28, 2023 SUBJECT: Resolution Approving the American Rescue Plan Act (ARPA) Purchase and Execution of an Agreement with Innovate Audio Visual Inc. for Audio-Visual Upgrades and Lectern for the 5t" Floor Executive Conference Room May 2, 2023 City Commission Workshop Agenda RECOMMENDATION As discussed at the April 20, 2023 Commission Workshop, it is recommended that the City adopt the attached Resolution Approving the American Rescue Plan Act (ARPA) purchase and execution of an agreement with Innovate Audio Visual Inc. for audio-visual upgrades and a lectern for the 5t" floor Executive Conference Room. BACKGROUND This project will replace and upgrade the existing speakers, monitors, cameras, a lectern, and IT infrastructure inside the 5t" floor Executive Conference Room. The total cost for the 5t" floor Executive Conference Room Upgrades is $61,075.00. If you have any questions, please feel free to contact me. RJW/act Attachment CC03067-23 IIVVRTF Innovate Audio Visual, Inc. Proposal Date: 1 1 C� AV M moms City of Aventura Executive Conference Room AV Upgrade Quote: COA-071622 Carlos Fernandez 19200 W Country Club Drive Aventura FL 33180 t 1 M��N ' 3 I ! PF-- - Presented By: Innovate Audio Visual, Inc. IN+ P# V T -AV 3460 Fairlane Farms Road, Suite 13 Autllo VIsu91 Wellington, FL. 33414 Display Displ Qty: 1 NEC C860Q Unit Price: $4,775.00 86" 4K Commercial Display, Landscape and Portrait Ext Price: $4,775.00 64" orientation, 350 Nit Brightness,Anti-glare Screen, Hassle-free 24/7 operation. 3 Year Commercial Warranty Qty: 1 CHIEF XTM1U **Accessory*' X-Large Fusion Micro-Adjustable Tilt Wall Mount Unit Price: $339.00 Ext Price: $339.00 Qty: 1 CHIEF PACPC1 **Accessory*' Power Filter Kit Unit Price: $179.00 Ext Price: $179.00 Qty: 1 SHARP/NEC C750Q Unit Price: $2,985.00 75" 4K 3840 x 2160 LED Display 24/7 - Black, 500 Ext Price: $2,985.00 Nits Bright, with an anti-glare screen. Qty: 1 CHIEF XTM1U **Accessory** X-Large Fusion Micro-Adjustable Tilt Wall Mount Unit Price: $339.00 Ext Price: $339.00 Qty: 1 CHIEF PACPC1 **Accessory** Power Filter Kit Unit Price: $179.00 Ext Price: $179.00 Audio System AN&= Qty: 6 QSC AD-C6T-LP Unit Price: $215.00 6.5-inch, 2-way, low profile, 1350 conical Directivity Ext Price: $1,290.00 Matched Transition amQty: 1 CRESTRON AMP-X300 Unit Price: $550.00 Four Channel Modular Power Amplifier 75 W/Ch., Ext Price: $550.00 4/80, or up to 300W at Single Channel 70V Qty: 1 BIAMP TesiraFORTE DAN Cl Unit Price: $2,699.00 Tesira FORTE DAN Cl Audio DSP 12 x 8 with Dante Ext Price: $2,699.00 and Echo Cancellation Qty: 1 LUXUL AMS-1208P Unit Price: $495.00 AV Series 12-Port/8 PoE+ Gigabit Managed Switch Ext Price: $495.00 with US Power Cord Qty: 2 SHURE MXA710W-2FT Unit Price: $2,125.00 Linear Array Microphone Ext Price: $4,250.00 00000 Qty: 2 SHURE A710-TB **Accessory** um.4 MXA710 - Ceiling and Suspension Mount Kit Unit Price: $95.00 Ext Price: $190.00 Qty: 1 SHURE MX418/C Unit Price: $245.00 Cardioid-18" Gooseneck Condenser Microphone, Ext Price: $245.00 Attached Preamp with XLR, Shock Mount, Flange Mount, Snap-Fit Foam Windscreen (at lectern) Qty: 1 DENON DN-900R Unit Price: $695.00 Network SD/USB Audio Recorder with Dante 2 x 2 Ext Price: $695.00 Interface Video Qty: 1 VADDIO 999-30201-000W Unit Price: $4,380.00 EasylP 10 Base Kit with Professional IP PTZ Camera Ext Price: $4,380.00 Video Switching and Control System Qty: 1 CRESTRON VC-4-PC-3 Unit Price: $1,875.00 Computer with Crestron Virtual Control Server Ext Price: $1,875.00 Software for(3) Room Licenses Qty: 1 CRESTRON USB-OFFLINE Unit Price: $94.00 Offline Licensing USB Dongle for Crestron Virtual Ext Price: $94.00 Control Qty: 1 CRESTRON CEN-I0-COM2 Unit Price: $255.00 Network I/O Extender with 2 COM Ports Ext Price: $255.00 Qty: 1 CRESTRON TS-770-B-S Unit Price: $1,375.00 7 in. Tabletop Touch Screen, Black Smooth Ext Price: $1,375.00 Qty: 1 CRESTRON TSW-770-B-S Unit Price: $1,238.00 7 in. Wall Mount Touch Screen, Black Smooth Ext Price: $1,238.00 Qty: 3 CRESTRON HD-RXC-101-C-E Unit Price: $275.00 WILL DM Lite— HDMI over CATx Receiver WIR & RS-232, Ext Price: $825.00 aaaa aaa Surface Mount Qty: 1 CRESTRON HD-TXC-101-C-E Unit Price: $275.00 DM Lite HDMI over CATx Transmitter WIR & RS-232, Ext Price: $275.00 ayaaea aaa Surface Mount Qty: 1 CRESTRON HD-PS402 Unit Price: $2,450.00 4x2 4K60 4AA HDR Presentation System Ext Price: $2,450.00 Qty: 1 CRESTRON AM-3100-WF Unit Price: $990.00 AirMedia Series 3 Receiver 100 with Wi-Fi Network Ext Price: $990.00 Connectivity Misc. Hardware A. Misc. Hardware Qty: 1 CRESTRON TT-100-B-T Unit Price: $220.00 Connect It Cable Caddy w/120V Outlet, No Cables, Ext Price: $220.00 Black Textured Qty: 1 CYBERPOWER OR1500LCDRM1 U Unit Price: $599.00 LCD UPS Series, 1500 VA/900 W, 6 x NEMA 5-15R, Ext Price: $599.00 17.05W x 1.75H x 15.60D Qty: 1 IAV IAV-4K-HDMI-2M Unit Price: $21.50 4K Certified HDMI Cable 2M (6.5 ft.) Ext Price: $21.50 Qty: 1 IAV IAV-4K-HDMI-4M Unit Price: $34.50 4K Certified HDMI Cable 4M (13'1") Ext Price: $34.50 Qty: 1 IAV 4K-USB-C-HDMI Unit Price: $17.00 4K-USB-C-HDMI Ext Price: $17.00 Qty: 1 MIDDLE ATLANTIC PD-915R Unit Price: $128.00 Rackmount Power, 9 Outlet, 15A, Surge Ext Price: $128.00 Qty: 2 MIDDLE ATLANTIC U1V Unit Price: $50.00 Utility Rackshelf, 1 RU, 10.4 inches Deep, Vented Ext Price: $100.00 Qty: 1 MIDDLE ATLANTIC CAB-COOL Unit Price: $120.00 CABINET COOLER, 20 CFM Ext Price: $120.00 Qty: 1 IAV MISC-HRD Unit Price: $1,910.00 I-AV Misc. Cables, Connectors and Hardware Ext Price: $1,910.00 Labo Qty: 1 Project Labor Unit Price: $19,370.00 I-All Project Labor Ext Price: $19,370.00 ,hipping Ship Qty: 1 IAV IAV-SHP Unit Price: $2,805.00 Shipping Inbound Ext Price: $2,805.00 O O 4el, - Notes N Qty: 1 IAV IAV-NOTES Pricing in conjunction with TIPS contract#200904. Qty: 1 IAV IAV-NOTES Pricing is good for 30 days. Proposal Summary Grand Total: $58,292.00 Payment Schedule Due to worldwide back order and delays, product will be delivered $58,292.00 and invoiced monthly until project is completed.: Signature Date Innovate • • Visual, Inc. Proposal IIIIIV�V A AV Date: IC 1 1 C City of Aventura Executive Chambers Lectern Quote: COA-022823 Carlos Fernandez 19200 W Country Club Drive Aventura FL 33180 t 1 M��N ' 3 I - Presented By: Innovate Audio Visual, Inc. IN+ P# V T -AV 3460 Fairlane Farms Road, Suite 13 Autllo VIsu91 Wellington, FL. 33414 AV Furniture -- Qty: 1 AVFI LEX36 Unit Price: $2,099.00 Wide multimedia Lectern w pocket door(Flat top Ext Price: $2,099.00 configuration, Crossfire Java finish) Qty: 1 AVFI RMT14 Unit Price: $129.00 14U Rack Frame Kit Rear Ext Price: $129.00 ,hipping Shippin Qty: 1 IAV IAV-SHP Unit Price: $555.00 Shipping Inbound Ext Price: $555.00 O O • - Notes 0No Qty: 1 IAV IAV-NOTES Pricing is good for 30 days. Qty: 1 IAV IAV-NOTES This piece of furniture will be used to house all AV equipment for the AV Upgrade. The current lectern is too small. It will be delivered when installation of that equipment commences. Proposal Summary Grand Total: $2J83.00 Payment Schedule Net 30: $2,783.00 Signature Date CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FROM THE U.S. DEPARTMENT OF TREASURY UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE PURCHASE OF AUDIO VISUAL UPGRADES AND A LECTERN FOR THE EXECUTIVE CONFERENCE ROOM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the February 1, 2022 City Commission meeting, Resolution No. 2022-15 was adopted approving the American Rescue Plan Act ("ARPA") spending plan, to include the purchase of audio visual upgrades and a new lectern for the 5t" floor Executive Conference Room; and WHEREAS, the City has identified new audio visual equipment and a lectern it wishes to purchase and is requesting approval from the City Commission to finalize this purchase; and WHEREAS, the City Commission finds that the purchase of this equipment and the adoption of this Resolution is in the best interest and welfare of the residents of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Purchased Approved. That the City Commission hereby approves the purchase of new audiovisual equipment and a lectern from Innovate Audio Visual Inc., from a National cooperative bid contract, with ARPA funds at the price set forth in the City Manager's Memorandum. Section 3. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purposes of this Resolution. Section 4. Effective Date. That this Resolution shall take effect immediately upon its passage and adoption. City of Aventura Resolution No. 2023- 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A, Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of May 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager (i L FROM: Alan J. Levine, Assistant Director of Public Works/Transportation DATE: April 28, 2023 SUBJECT: Renewal of FDOT Landscape Maintenance Contract for Biscayne Boulevard May 2, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to renew the contract with the Florida Department of Transportation (FDOT) for landscape maintenance along Biscayne Boulevard, from the Oleta River Bridge to the County line. The FDOT will reimburse the City in the amount of$12,676.00 per year. AJ L/gf CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT RENEWAL WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ONE YEAR, TO COMPENSATE THE CITY FOR LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHTS-OF- WAY ON BISCAYNE BOULEVARD, FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI-DADE/BROWARD COUNTY LINE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute the attached Contract Renewal with the Florida Department of Transportation to provide landscape maintenance services on the Florida Department of Transportation rights-of way on Biscayne Boulevard from the Oleta River Bridge north to the Miami-Dade/Broward County line. 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg City of Aventura Resolution No. 2023- PASSED AND ADOPTED this 2nd day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 CONTRACT # TURF AND LANDSCAPE MAINTENANCE DEPARTMENT FUNDED AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF AVENTURA This Agreement, is made and entered into this day of , 20_,by and between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and City of Aventura, a municipal corporation of the State of Florida, hereinafter referred to as the `LOCAL GOVERNMENT'. RECITALS: WHEREAS,the DEPARTMENT has jurisdiction and maintains State Road 5 (Biscayne Boulevard/US-1) from just South of Oleta River Bridge to Miami-Dade/Broward County Line in the LOCAL GOVERNMENT; and WHEREAS,the DEPARTMENT,at the LOCAL GOVERNMENT's request, has agreed to compensate the LOCAL GOVERNMENT for the maintenance of turf and landscape,hereinafter referred to as the `PROJECT', and WHEREAS, the LOCAL GOVERNMENT recognizes that the State Right-of-Way contains turf and landscape, which requires ongoing maintenance; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 407334-6-78-01, and has agreed to compensate the LOCAL GOVERNMENT for turf and landscape maintenance services as further described in Exhibit "A" —Scope of Services, and in accordance with the provisions of Exhibit "B"—Financial Summary, which exhibits are attached hereto, and incorporated by reference; and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the LOCAL GOVERNMENT is aware this Agreement will supplement all maintenance requirements between the DEPARTMENT and the LOCAL GOVERNMENT for all previously executed Permits and Agreements; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes (F.S.); NOW, THEREFORE,in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are acknowledged, Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 1 of 15 the parties agree as follows: 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS AND OBLIGATIONS OF THE PARTIES a. The LOCAL GOVERNMENT shall submit this Agreement to its LOCAL GOVERNMENT Council/Commission for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "D" - Local Government's Resolution, and is herein incorporated by reference. b. The LOCAL GOVERNMENT shall not commence the PROJECT until the effective date of this Agreement, which shall be the date reflected on the written notice to proceed, and the DEPARTMENT shall not compensate the LOCAL GOVERNMENT for any PROJECT work undertaken prior to the effective date of the Notice to Proceed. c. The LOCAL GOVERNMENT shall be responsible for the maintenance of all areas that have turf and landscape within the DEPARTMENT's right-of-way (the project limits) as described in Exhibit "A". d. The LOCAL GOVERNMENT shall be responsible for performing the required maintenance within the project limits with the minimum frequencies stipulated in Exhibit "A". e. All turf and landscape maintenance shall be in accordance with the latest edition of the State of Florida "Guide for Roadside Mowing" and the latest edition of the "Maintenance Rating Program", and Index 546 of the latest FDOT Design Standards. f. Before the LOCAL GOVERNMENT starts the work, the DEPARTMENT shall be notified, via fax or e-mail. The fax or e-mail shall be sent to the attention of the North Miami-Dade Maintenance Engineer, Bencze Vajta, P.E. at (305) 640-7165 or B encze.V ajta(cc d ot.stat e.fl.u s g. The LOCAL GOVERNMENT shall not be responsible for the clean-up, removal and disposal of debris from the DEPARTMENT's right of way following a natural disaster (i.e. hurricane, tornados,etc.). However, the cost of any cycle or part thereof impaired by any such event may be deducted from the DEPARTMENT's affected quarterly payment to the LOCAL GOVERNMENT. h. It is understood between the parties hereto that all the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in the future as found necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 2 of 15 i. The LOCAL GOVERNMENT shall not plant additional landscaping within the limits of the PROJECT,without prior written approval by the DEPARTMENT,in accordance with Florida Administrative Code Rule 14-40.003. Such approval shall be in the form of a separate written agreement that will require the LOCAL GOVERNMENT to properly construct and maintain the additional landscaping without compensation from the DEPARTMENT. j. This Agreement shall not obligate the DEPARTMENT to pay the LOCAL GOVERNMENT to maintain any additional landscaping, planted after the effective date of this Agreement, within the limits of the PROJECT, and shall not obligate the LOCAL GOVERNMENT to maintain any such additional landscaping. k. Payments to the LOCAL GOVERNMENT shall be made in accordance with Sections 3 and 5 of this Agreement. 3. FINANCIAL PROVISIONS a. The DEPARTMENT agrees to compensate the LOCAL GOVERNMENT,up to the maximum participating annual amount of$12,676.00 for completion of the services described in Exhibit "A"—Scope of Services. The method of compensation is included in Exhibit "B"—Financial Summary. b. The LOCAL GOVERNMENT shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The PROJECT, identified as PROJECT Number 407334-6-78-01, and the quantifiable, measurable, and verifiable units of deliverables, consisting of the performance measures services required to perform the PROJECT Scope of Services described in Exhibit "A". (Section 287.058(1)(d) and (e), F.S.), c. Invoices shall be submitted by the LOCAL GOVERNMENT in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A", accompanied by the duly executed certification document in Exhibit "C", thereby establishing that the Scope of Services described in Exhibit "A" have been completed. Deliverables must be received and accepted in writing by the DEPARTMENT's Project Manager prior to payments. (Section 287.058 (1)(a), F.S.) d. Supporting documentation must establish that the deliverables were received and accepted in writing by the LOCAL GOVERNMENT, or performed by the LOCAL GOVERNMENT, and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" — Scope of Services was met (see Exhibit "C" — Turf and Landscape JPA Work Certification Document). Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 3 of 15 e. There shall be no reimbursement or compensation for travel expenses under this Agreement. f. Payment shall be made only after receipt and approval of goods and/or services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the DEPARTMENT. The LOCAL GOVERNMENT shall, within five days after notice from the DEPARTMENT,provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. (Section 287.058(1)(h), F.S.). The LOCAL GOVERNMENT providing goods and/or services to the DEPARTMENT should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 5 working days unless the bid specifications, purchase order, or contract specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. (Section 215.422(1), F.S.). If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the LOCAL GOVERNMENT.Interest penalties of less than one (1) dollar will not be enforced unless the LOCAL GOVERNMENT requests payment. Invoices that have to be returned to LOCAL GOVERNMENT because of LOCAL GOVERNMENT preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. (Section 215.422(3)(b), F.S.) A Vendor Ombudsman has been established within the DEPARTMENT of Financial Services. The duties of this individual include acting as an advocate for LOCAL GOVERNMENT who may be experiencing problems in obtaining timely payment(s) Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 4 of 15 from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. (Section 215.422(5) and (7), F.S.) g. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the LOCAL GOVERNMENT'S general accounting records and the PROJECT records, together with supporting documents and records, of the contractor and all subcontractors performing work on the PROJECT, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. (Section 287.058(4), F.S.) h. In the event this contract is for services in excess of$25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that such funds are available prior to entering into any such contract or other binding commitment of funds.Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of$25,000.00 and which have a term for a period of more than 1 year." i. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. (Section 216.311, F.S.) j. The LOCAL GOVERNMENT shall: i. Utilize the U.S. DEPARTMENT of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the LOCAL GOVERNMENT during the term of the contract; and ii. Expressly require any contractors and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. DEPARTMENT of Homeland Security's E-Verify system to verify the Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 5 of 15 employment eligibility of all new employees hired by the subcontractor during the contract term. (Executive Order Number 2011-02). The LOCAL GOVERNMENT shall insert the above clause into any contract entered into by the LOCAL GOVERNMENT with vendors or contractors hired by the LOCAL GOVERNMENT for purposes of performing its duties under this Agreement. 4. COMMUNICATIONS All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 NW 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To LOCAL GOVERNMENT: City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. 5. INVOICING a. The LOCAL GOVERNMENT shall submit quarterly invoices for DEPARTMENT review, approval, and payment in accordance with this Agreement. Quarterly payments will be made upon invoice approval in an amount not to exceed one fourth of the eligible PROJECT costs. Each invoice shall include a completed Turf and Landscape JPA Work Certification Document (Exhibit "C") certifying that the goods and/or services to be completed and paid under this Agreement have been satisfactorily completed and delivered in accordance with the required Scope of Work in Exhibit b. In the event temporary work by the DEPARTMENT's forces or by other Contractors temporarily prevent the LOCAL GOVERNMENT fromperforming the work described in this Agreement, the DEPARTMENT shall deduct from the affected quarterly payment(s) the acreage affected area and only compensate the LOCAL GOVERNMENT for the actual work it performs. i. The DEPARTMENT shall initiate this procedure only if the temporary work Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 6 of 15 prevents the LOCAL GOVERNMENT from performing its work for a period of one (1)month or longer. c. In the event this Agreement is terminated as established in Section 8 herein, payment will be prorated within the quarter in which termination occurs. The prorated payment shall be for approved work meeting the requirements stipulated in this Agreement. 6. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, F.S. Deliverable(s) must be received and accepted in writing by the Contract Manager on the DEPARTMENTs invoice transmittal forms prior to payment. If the DEPARTMENT determines that the performance of the LOCAL GOVERNMENT is unsatisfactory, the DEPARTMENT shall notify the LOCAL GOVERNMENT of the deficiency to be corrected, which correction shall be made within thirty(30) calendar days by the LOCAL GOVERNMENT. The LOCAL GOVERNMENT shall, within five (5) days after notice from the DEPARTMENT, provide the DEPARTMENT with a corrective action plan describing how the LOCAL GOVERNMENT will address all issues of contract non- performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the DEPARTMENT, the DEPARTMENT may, at its option, proceed as follows: a. The LOCAL GOVERNMENT shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then-current billing period. The retainage shall be withheld until the LOCAL GOVERNMENT resolves the deficiency. If the deficiency is subsequently resolved, the LOCAL GOVERNMENT may bill the DEPARTMENT for the retained amount during the next billing period. If the LOCAL GOVERNMENT is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement period. (Section 287.058(1)(h), F.S.) b. Maintain the median or roadside area(s) declared deficient with DEPARTMENT and/or a Contractor's material, equipment and personnel. The actual cost for such work will be deducted from the DEPARTMENT's affected quarterly payment to the LOCAL GOVERNMENT; or c. Terminate this Agreement. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 7 of 15 7. EXPIRATION/RENEWAL This Agreement is for a term of one(1)year beginning on the effective date of this Agreement, which shall be the date reflected on the written notice to proceed, and may be renewed twice, only if mutually agreed to in writing by the DEPARTMENT and the LOCAL GOVERNMENT. Any such renewal shall be subject to the same terms and conditions set forth in this Agreement, and shall be contingent upon both satisfactory LOCAL GOVERNMENT performance evaluations by the DEPARTMENT and the availability of funds. This Agreement may be extended if mutually agreed in writing by both parties, for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in this Agreement. There shall be only one (1) extension of this Agreement. 8. TERMINATION This Agreement, or part hereof, is subject to termination under any one of the following conditions: a. In the event the DEPARTMENT exercises the option identified by Section 6 of this Agreement. b. As mutually agreed by both parties. c. In accordance with Section 287.058(1)(c), F.S., the DEPARTMENT shall reserve the right to unilaterally cancel this Agreement if the LOCAL GOVERNMENT refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the LOCAL GOVERNMENT pertinent to this Agreement which are subject to provisions of Chapter 119, of the F.S. 9. ENTIRE AGREEMENT This Department Funded Agreement is the entire Agreement between the parties hereto, and it may be modified or amended only by mutual consent of the parties in writing. 10. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 11. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the LOCAL GOVERNMENT expressed in writing, executed and delivered by each party. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 8 of 15 12. INVALIDITY If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby,if such remainder continues to conform to the terms and requirements of applicable law. 13. INDEMNIFICATION Subject to Section 768.28,Florida Statutes,as may be amended from time to time, the LOCAL GOVERNMENT shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands,liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the LOCAL GOVERNMENT's negligent exercise or of its responsibilities as set out in this AGREEMENT, including but not limited to,any negligent act, negligent action, negligence or omission by the LOCAL GOVERNMENT, its officers, agents, employees or representatives in the performance of this AGREEMENT,whether direct or indirect,except that neither the LOCAL GOVERNMENT nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages caused or resulting from the negligence of the DEPARTMENT. The LOCAL GOVERNMENT's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the LOCAL GOVERNMENT's receipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the LOCAL GOVERNMENT of a claim shall not release the LOCAL GOVERNMENT of the above duty to defend and indemnify the DEPARTMENT. The LOCAL GOVERNMENT shall pay all costs and fees related to this obligation and its enforcement by the DEPARTMENT. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT,but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. The LOCAL GOVERNMENT's evaluation of liability or its inability to evaluate liability shall not excuse the LOCAL GOVERNMENT's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was negligent shall excuse performance of this provision by the LOCAL GOVERNMENT. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 9 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF AVENTURA: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: LOCAL GOVERNMENT MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) LOCAL GOVERNMENT CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: LOCAL GOVERNMENT ATTORNEY DISTRICT CHIEF COUNSEL Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 10 of 15 Exhibit "A" Scope of Services Maintenance Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall be responsible for the maintenance of all turf and landscape areas within the DEPARTMENT's right of way on the State Roads below in accordance with all applicable DEPARTMENT guidelines, standards,and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally,the LOCAL GOVERNMENT shall maintain all turf and landscape areas in accordance with the International Society of Arboriculture standards,the latest FDOT Design Standard,guidelines, and procedures, as may be amended from time to time. State Street Nam Road • OM; 5 Biscayne Just South of Oleta River Miami-DadeBroward Boulevard/US-1 Bridle Count Line For each of the following work activities, the LOCAL GOVERNMENT shall be responsible for performing these minimum frequencies: • Litter Pickup - eighteen (18)times per year • Mowing, including Edging and Weed Control - eighteen (18) times per year • Landscape Maintenance/Tree Trimming - eighteen (18) times per year The LOCAL GOVERNMENT shall perform a minimum of two cycles per quarter for each of the work activities described above. The LOCAL GOVERNMENT's maintenance obligations shall include but not be limited to: a. Mowing, cutting and/or trimming and edging the grass and turf. b. Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof, including all material from private property encroaching into the DEPARTMENT'S right-of-way c. Maintaining existing decorative bricks, mulch and other aesthetic features currently found within these corridors. d. Fertilizing, insecticide, pesticide, herbicide and watering will be required to Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 11 of 15 maintain the current landscape and turf in a healthy and vigorous growing condition. e. Paying for all water use and all costs associated therewith. f. Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. g. Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. h. Removing and properly disposing of dead,diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in all applicable DEPARTMENT guidelines, standards and procedures as may be amended from time to time. i. Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by (a)to (h). j. Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT's right-of- way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. FDOT Financial Project Number: 407334-6-78-01 County: Miami-Dade FDOT Project Manager: Bencze Vajta, P.E. - (305) 640-7165 or Bencze.Vajta(a dot.state.fl.us LOCAL GOVERNMENT Project Manager: Ronald J. Wasson, City Manager - (305) 466-8910 or rwasson(ccityofaventura.com Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 12 of 15 Exhibit "B" Financial Summary Financial Responsibilities of the LOCAL GOVERNMENT The LOCAL GOVERNMENT shall submit invoices to the DEPARTMENT as described in Section 5 of this Agreement for the work described in Exhibit "A". The following are the maximum participating compensation amounts the DEPARTMENT will make annually for each of these work activities: • Litter Pickup: $824.00 • Mowing, including Edging and Weed Control: $2,136.00 • Landscape Maintenance/Tree Trimming: $9,716.00 TOTAL ANNUAL PROJECT AMOUNT ELIGIBLE FOR COMPENSATION BY THE DEPARTMENT: $12,676.00 The LOCAL GOVERNMENT may choose to exceed the required minimum maintenance frequencies for each of the work activities described above at no additional cost to the DEPARTMENT. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 13 of 15 Exhibit "C" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TURF AND LANDSCAPE JPA WORK CERTIFICATION DOCUMENT CONTRACT NO: Q1/Q2/Q3/Q4: MUNICIPALITY: INVOICE NO: PAGE OF Instructions: Form to be completed by the Municipality certifying and documenting when the work was performed. The Department's Yard Engineer,or designee,will complete the portion confirming that the work performed meets the WA scope. Date Work Performed Location/SR Litter Pickup Mowing* Landscape/Tree Trimming Comments/Remarks: MUNICIPALITY CERTIFYING WORK WAS COMPLETED PER CONTRACT FOOT CONFIRMS WORK WAS COMPLETED PER CONTRACT Name(Print): Name(Print): Signature: Signature: Date: Date: *mowing work description also includes all types of mowing and edging/sweeping Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project# 407334-6-78-01 Page 14 of 15 Exhibit "D" LOCAL GOVERNMENT's Resolution To be herein incorporated once approved by the LOCAL GOVERNMENT Council/Commission. Turf and Landscape Maintenance Department Funded Agreement between the Florida Department of Transportation and City of Aventura Financial Project#407334-6-78-01 Page 15 of 15 CITY OF "ENTURA PUBLIC WORKS/TRANSPORTATION DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Alan J. Levine, Assistant Director of Public Works/Transportation DATE: April 28, 2023 SUBJECT: Community Recreation Center Roof Restoration RECOMMENDATION It is strongly recommended that the City Commission approve an emergency contract to Garland/DBS Incorporated in the amount of $372,848.00 for the entire roof restoration (sections A&B attached) of the Community Recreation Center. BACKGROUND We have experienced severe water intrusion in several locations on the first floor (main lobby reception area and hallway) during rain events such as the one that just occurred. Additionally, please be advised that I authorized the immediate process of mold remediation replacing portions of the saturated drywall and flooring in the aerobics room. The City utilized a U.S. Communities Government Purchasing Alliance (US Communities) Agreement which takes advantage of the multiple City partners. The benefit of being part of the Cooperative Group is that it gives the City the best competitive pricing and workmanship in that field. The following bids were received from Garland/DBS Incorporated through a US Communities Cooperative Agreement: Advanced Roofing $372,848 Pinnacle A Roofing $382,906 Better Built Roofs $490,495 The roofing specifications were set up by Garland/DBS Incorporated, our Cooperative partner, which meets the City's purchasing requirements. Scope of work, and costs are attached. FUNDING This unanticipated expense will be funded through a budget amendment presented at a future date. AJ L/gf CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE AGREEMENT AND AUTHORIZING PAYMENT TO GARLAND/DBS INCORPORATED FOR THE ROOF RESTORATION PROJECT AT THE AVENTURA COMMUNITY RECREATION CENTER IN THE AMOUNT OF $372,848.00; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Community Recreation Center ("CRC") experienced severe water intrusions at several locations on the first floor of the building, necessitating the City Manager to declare an emergency and select a contractor to immediately restore sections A and B of the CRC roof; and WHEREAS, the City Manager utilized a U.S. Communities Government Purchasing Alliance Agreement to obtain the best price for this project; and WHEREAS, Garland/DBS Incorporated ("Garland") acting as the City's Cooperative partner solicited and received three sealed bids for the project as cited above and the City Manager selected the contractor submitting the lowest bid to perform the work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous to approve the agreement and the funding in the amount set forth in the proposal submitted by Garland for the CRC roof restoration project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the agreement for the roof restoration project at the AVENTURA COMMUNITY RECREATION CENTER is hereby approved with Garland at the price contained in the attached roofing material and services proposal. Section 2. That the City Manager is hereby authorized to pay Garland in the amount identified in the proposal. Section 3. That the City Manager is hereby authorized and requested to take all other necessary and expedient action to carry out the aims of this Resolution. Section 4. That the funds are to be allocated and appropriated pursuant hereto from Budget Line Item Number 001-8050-572.62-05. Section 5. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2023- 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 V N ' S 5 w M £ V r'9 m U O A O N W O N 3 D F+ 0 0 �•D o n » 3 n a D r a'.O ry y 9 ' an' « Fz v o 3 R 34 a. v c> > A N v o o c c D v n !^ m F. c >> c w c T.,' a < o w d 0W7 m-0 3 ^ < ° m I ItH In G m 0 f 7- o m ".m c� I'H Q n o 7, = I 3 u p m< T-v o a3N ° n '17- _m. 0 m £ - 02 o p_ o p-0 m w _ ti '' w '' 3 o T. 5-T st ° 0 p S— N N r AP. CD m ; mz MIN r CI m ,il- 0 ' e f ?": m .. -, . .:,10- ''a,r'IL:O t z174 m K "A t 17 m ii s. o O -- z cn , i * 4 } i+. -vk.,. 4, • a. • .r� : z o i ,',":•1, ' ".--t 114, s �+ Fes ' 3375 NE 188th St,Aventura,FL 33180 THE GARLAND COMPANY INC.3600E 915T ST.I CLEVELAND,OH 441052197 �- PHONE(216)641-7500 I FAX(216)641-0633 Garland/DBS, Inc. �o 3800 East 91st Street Cleveland, OH 44105 D B S Phone: (800) 762-8225 since 1 8 9 5 Fax: (216) 883-2055 ROOFING MATERIAL AND SERVICES PROPOSAL City of Aventura Aventura Rec Center - Roof Sections A& B (Liquitec Option) 3375 NE 188th St. Aventura, FL 33180 Date Submitted: 04/17/2023 Proposal #: 25-FL-220821 MICPA# PW1925 Florida General Contractor License #: CGC1533467 Purchase orders to be made out to: Garland/DBS, Inc. Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible. Scope of Work: Liquitec Fully Reinforced System - Coping Cap Excluded 1. Carefully power wash all roof surfaces with greater than 2,000 psi pressure to remove debris, rust, scale, dirt, dust, chalking, peeling or flaking coatings, etc. Do not force water into the roof system or damage roof surfaces. Allow 24 hours to dry. 2. Patch any blisters using StressplylV mineral and torch application. Greenlock/ Stressply mineral may also be used in lieu of torch. 3. On new asphaltic repairs or membrane, apply Garla-Block to prevent staining of LiquiTec coating. Allow Garla-Block to completely dry. 4. Apply Unibond ST Tape over all seams on ALL modified bitumen wall and curb flashings. Use care to install the tape uniformly. Do not stretch or cause air pockets, wrinkles or fish mouths. 5. Stripe coat all flashing seams (previous step) using Liquitec at a rate of 20 mils. 3 coats required to achieve 60 mils total. Note- The field reinforcement scrim should extend 4" up the flashings. (see step 7). 6. Start with drains and flashings, including walls and curbs before proceeding to field installation. Apply a base coating of LiquiTec Base or LiquiTec coating at 4G per 100Sgft using a 1/4" notched squeegee. Page 1 of 4 7. Immediately embed 40" wide Grip Polyester Soft reinforcement into wet coating by rolling over the fabric surface to fully saturate and encapsulate, ensuring there are no wrinkles, voids or vertical fibers. Lap adjacent rolls of reinforcement 3 in. (75 mm) on side and end laps. 8. Ensure the roller is fully saturated with coating when back rolling over the reinforcement surface to wet it out completely. Allow to cure thoroughly, but no more than 72 hours. 9. Apply a top coating of LiquiTec Base or LiquiTec coating over the reinforced base coat at 2.0 gal./100 sq. ft. 10. Replace all penetration details with new soldered and welded pitch pockets with umbrella. Use Seal-tite and Gar-rock. Extend LiquiTec to the base of the pitch pan after installed. Attachment C: Bid Form - Line Item Pricing Breakdown Item# Item Description Unit Price Quantity Unit Extended Price 23.01 Cleaning &Caulking: Pressure Wash to Clean Horizontal Surfaces $ 0.89 14,434 SF $ 12,846.26 23.126 Common Roof Repair Items: Torch Cap Sheet Over Repair Area (< 500 SF) $ 13.11 450 SF $ 5,899.50 RESTORATIONS- RECOATING OF EXISTING ROOF SYSTEMS : RESTORATION OF A MINERAL- SURFACE BUR/MODIFIED BUR SYSTEMS WITH FULLY-REINFORCED, TWO-COMPONENT, LOW- ODER URETHANE Prepare Roof Surface by Cleaning with TSP or Simple Green, Use Portable Blowers to Clear the Roof Surface 15.19 of Moisture; Reinforce Entire Roof Surface by Applying a Two-Component, Low-Oder Urethane 2 Gallons per Square/ Reinforcement/ 1.5 Gallon per Square (3.5 Gallons per Square Total Prior to Top Coat), Wait 24- 48 Hours, Apply Two-Component, Low-Oder Urethane as a Top Coat at a Rate of 2 Gallons per Square Over the Entire Roof According to Manufacturer's Specifications. $ 17.33 14,434 SF $ 250,141.22 RESTORATIONS- RECOATING OF EXISTING ROOF SYSTEMS : STRIPPING IN SEAMS WITH TWO- 15.33 COMPONENT, LOW-ODER URETHANE Strip in Seams by Applying a Two-Component, Low Odor Urethane 2 Gallons per Square $ 4.79 1,700 LF $ 8,143.00 Sub Total Prior to Multipliers $ 277,030 MULTIPLIER- ROOF SIZE IS GREATER THAN 10,000 SF, BUT LESS THAN 20,000 SF Multiplier is applied when Roof Size is greater than 10,000 SF, but less than 20,000 SF. Situation creates 22.21 the fixed costs: equipment, mobilization, demobilization, disposal, &set-up labor to be allocated across more of an average roof area resulting in fixed costs being a slightly larger portion of the overall job costs 10 $ 277,030 % $ 27,703 Page 2 of 4 MULTIPLIER- ROOF HEIGHT IS GREATER THAN 20 FT, BUT LESS THAN OR EQUAL TO 50 FT STORIES Multiplier is applied when labor production is effected 22 08 by the roof height. This multiplier applies to roof heights that exceed an estimated 2 stories, but are less than or equal to an estimated 5 stories. Additional roof height can require increased safety requirements, larger lift equipment, tie-offs, etc. 25 $ 277,030 % $ 69,257 MULTIPLIER-MULTIPLE MATERIAL STAGINGS Multiplier is applied when labor production is effected by the time it takes to stage a roof multiple times. 22.03 Situations include, but are not limited to staging materials to perform work on multiple roof levels, planned shutdowns and restarts, portion of the job is over sensitive work areas requiring staging from more than one point, etc. 25 $ 277,030 % $ 69,257 Total After Multipliers $ 443,248 Alternate Bid Total Maximum Price of Line Items under the MICPA: $ 443,248 'Based Upon Mar Aerie : m m Garland/DBS Price Based Upon Local Market Competition: Pinnacle A Roofing $ 382,906 Better Built Roofs $ 490,495 Add /Alternate: Coping Installed (Includes Situra Expansion Joint & Reusing Coping Cap) Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers. Please Note —The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation. Page 3 of 4 Clarifications/Exclusions: 1. Sales and use taxes are excluded. Please issue a Tax Exempt Certificate. 2. Permits are excluded. 3. Bonds are included. 4. Plumbing, Mechanical, Electrical work is excluded. 5. Masonry work is excluded. 6. Interior Temporary protection is excluded. 7. Prevailing Wages are excluded. 8. Any work not exclusively described in the above proposal scope of work is excluded. 9. Hurricane Demobolization cost are not included. If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below. Respectfully Submitted, Joshua Perry Garland/DBS, Inc. (216)430-3635 Page 4 of 4 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: April 28, 2023 SUBJECT: Enterprise Resource Planning ERP/IT Consultant Agreement May 2, 2023 Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution which authorizes the City Manager to execute the Enterprise Resource Planning ("ERP") ERP/IT Consulting Agreement specifying the scope of services and fees for BerryDunn to serve as the City's ERP/IT Consultant. This Agreement shall take effect ten (10) days after approval by the City Commission and be in effect for a three (3) year period. Thereafter, this Agreement may be renewed for four (4) additional one (1) year periods, subject to agreement by both parties. BACKGROUND The City currently utilizes the same financial system software that was implemented shortly after the City incorporated over 25 years ago. The City's current system, HTE, is outdated, inefficient and extremely limited as far as reporting, data access and transparency. Upgrading and implementing a new system is imperative and long overdue. Moving to a more innovative and user-friendly solution will allow the City to step forward into a paperless environment, improving processes tremendously as well as providing efficiencies in data transfers, financial reporting and application integration across all City departments. The City plans to contract an ERP/IT Consultant to assist with the selection and implementation of a new ERP financial software. At the January 5, 2023 Commission meeting, the City Commission adopted Resolution No. 2023-05 which established a ranking of firms to provide ERP/IT Consulting services. That resolution was the result of an RFP process which included advertisement of the RFP in the Daily Business Review and posting of a solicitation package on www.demandstar.com on April 22, 2022. The City established a Selection Committee consisting of the Finance Director, Controller, IT Director, Community Development 1 Director and HR Manager. The Selection Committee interviewed three (3) firms and subsequently made the final recommendation to the City Commission. Resolution No. 2023-05 included the committee's ranking of Audit Firms in order of preference (with 1 being the best): 1. Berry Dunn McNeil & Parker, LLC 2. Avero Advisors 3. Plante & Moran, PLLC The resolution authorized the Selection Committee to negotiate contract pricing with the top ranked firm and, if unsuccessful, with the next ranked firm. The attached Consulting Services Agreement and Statement of Work ("SOW") and Fee Schedule contains the scope of services and fees for Phases 1 through 4, which will take place over the next 10-13 months. Phases 1 through 4 cover: 1) The City's needs assessment 2) RFP Development 3) Proposal submission and evaluation process 4) Contract approval and negotiations The fees have been negotiated and are shown on page 7 of the SOW with detail by phase. I recommend that the City Commission approve the attached Resolution that authorizes the City Manager to enter into the ERP/IT Consultant Agreement with BerryDunn. A copy of the RFP, BerryDunn's submittal and other supporting documents are available for review in the Finance Department. Should you have any questions pertaining to this memorandum, please feel free to contact the City Manager 2 CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BERRY DUNN MCNEIL & PARKER, LLC; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura, pursuant to applicable state law, has solicited and reviewed proposals from firms to perform Enterprise Resource Planning ERP/IT Consulting Services; and WHEREAS, Resolution No. 2023-05 established a ranking of firms to serve as said consultant and authorized negotiations with the top ranked firm; and WHEREAS, the Selection Committee members, Melissa Cruz - Finance Director, Karen Lanke - IT Director and Indra Sarju - Purchasing Agent, have negotiated fees and scope of services with the top-rated firm Berry Dunn McNeil & Parker, LLC ("BerryDunn") and recommends approval of the ERP/IT Consulting Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to enter into an ERP/IT Consulting Agreement with BerryDunn for consulting services. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg City of Aventura Resolution No. 2023- PASSED AND ADOPTED this 2nd day of May, 2023. HOWARD WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 AGREEMENT BETWEEN CITY OF AVENTURA AND BERRY, DUNN, MCNEIL & PARKER, LLC dba BERRYDUNN This AGREEMENT is entered into between the City of Aventura, a City of the State of Florida, with an office located at 19200 West Country Club Drive, Aventura, FL 33180 (hereinafter referred to as the "CITY"), and Berry, Dunn, McNeil & Parker, LLC dba BerryDunn, with an office located at 2211 Congress Street, Portland, ME 04102 (hereinafter referred to as the "CONSULTANT"). The CONSULTANT hereby agrees with the CITY, for the consideration named herein, to perform the services stipulated in this AGREEMENT. 1. CONSULTANT'S SERVICES A. The CONSULTANT, on behalf of the CITY, shall perform and carry out in a professional manner the components essential to provide Enterprise Resource Planning/Information Technology Consulting Services. B. The Scope of Work shall be defined by the CITY'S Request for Proposal No. 22-05-24-3 dated April 22, 2022, and CONSULTANT'S Proposal dated May 24, 2022, as amended by CONSULTANT'S updated Statement of Work and Fee Schedule dated April _, 2023. The CONSULTANT'S Proposal,with the CITY'S Request for Proposal included as an attachment, and CONSULTANT'S updated Statement of Work and Fee Schedule are attached to this AGREEMENT as Exhibit A and Exhibit B, respectively, and are incorporated herein by reference. "Fee Schedule" in Consultant's Statement of Work and Fee Schedule dated April _, 2023, attached as Exhibit B. 2. PROJECT TEAM The CONSULTANT'S Project Team for the services to be provided under this AGREEMENT shall include the following: Jonathan Grace, Principal; Austin Nichols, Project Manager, Ross DeFalle, Lead Business Analyst; Pam Coleman, Human Capital Lead; Allisha Ouellette, Human Capital Management Business Analyst; Amy Clark, Financials Lead; Sachin Goradia, Financials Business Analyst; Kathryn Offerdahl-Joyce, Procurement Subject Matter Expert; and Candace Pierce, Technical Subject Matter Expert. CONSULTANT agrees that it will not remove the Lead Project Manager in Charge or any other member of the Project team without the CITY'S prior written approval. If CONSULTANT removes a Project Team member pursuant to this section, it will immediately replace that Project Team member with another person approved by CITY in writing. CONSULTANT agrees, that within fourteen (14) calendar days of receipt of a written request from the City to promptly remove the Project Manager in Charge or any Project Team member, or any other personnel employed or retained by the CONSULTANT to provide and perform any of the services pursuant to the requirements of this Agreement. Said request made by the City may be made with or without cause. Any personnel so removed must be immediately replaced with a person acceptable to the City, by obtaining written approval from the City. 3. THE CITY SHALL PROVIDE A. Access to pertinent information and available data requested by the CONSULTANT. B. Any assumptions that are necessary to the work to be performed by CONSULTANT. C. Attendance and participation at all scheduled meetings and work sessions. D. Timely review of draft and preliminary materials submitted by the CONSULTANT. 4. DOCUMENTS All documents and services provided by the CONSULTANT pursuant to this AGREEMENT are instruments of service with respect to this project. Upon receipt of payment for services due, the CONSULTANT'S documents and material developed by the CONSULTANT under this AGREEMENT are the property of the CITY. The CITY shall have the right to re-use documents and computer software on extensions of the project or for other projects; such re-use shall be at the CITY'S sole risk and without liability or legal exposure to the CONSULTANT. 5. PUBLIC RECORDS LAW COMPLIANCE Pursuant to Section 119.0701 of the Florida Statutes, CONSULTANT agrees to: Keep and maintain public records in CONSULTANT's possession or control in connection with Consultant's performance under this AGREEMENT. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the AGREEMENT, and following completion of the AGREEMENT until the records are transferred to the CITY. Upon request from the City's custodian of public records, CONSULTANT shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this AGREEMENT are and shall remain the property of the CITY. Notwithstanding, it is understood that at all times CONSULTANT's workpapers shall remain the sole property of CONSULTANT, and are not subject to the terms of this AGREEMENT. Upon completion of this AGREEMENT or in the event of termination by either party, any and all public records relating to the AGREEMENT in the possession of CONSULTANT shall be delivered by Consultant to the City Manager, at no cost to the CITY, within seven (7) days. All such records 2 stored electronically by CONSULTANT shall be delivered to the CITY in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this AGREEMENT, CONSULTANT shall destroy any and all duplicate records that are exempt or confidential and exempt from public records disclosure requirements. Notwithstanding the terms of this Section, the Parties agree and it is understood that CONSULTANT will maintain a copy of any information, confidential or otherwise, necessary to support its work product generated as a result of its engagement for services, solely for reference and archival purposes in accordance with all applicable professional standards, which will remain subject to the obligations of confidentiality herein. Consultant's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this AGREEMENT by the CITY. IF CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-466-8901 HorvathEA-cityofaventura.com or by mail: City of Aventura — City Clerk's Office, 19200 West Country Club Drive, Aventura, Florida 33180. 6. NONDISCLOSURE OF PROPRIETARY INFORMATION The CONSULTANT shall consider all information provided by the CITY and all reports, studies, and other documents resulting from the CONSULTANT'S performance of this service to be proprietary unless such information is available from public sources. The CONSULTANT shall not publish or disclose proprietary information for any purpose other than the performance of the services without the prior written authorization of the CITY or in response to legal process. The CONSULTANT shall maintain all originals in the CONSULTANT'S files for a period of not less than five (5) years from the final report and shall provide the CITY access to and the right to examine and copy information contained in the files pertaining to the services. In the event of legal process, the rights of access, examination, and copying hereunder shall continue until the conclusion of any litigation, appeals, claims, arbitration, or other legal process. 7. CHANGES AND ADDITIONS It shall be the responsibility of the CONSULTANT to notify the CITY, in writing, of any necessary modifications or additions in the Scope of Work contemplated under this AGREEMENT. Compensation for changes or additions in the Scope of this AGREEMENT will be negotiated and approved by the CITY and CONSULTANT in writing. 8. ADDITIONAL SERVICES The CITY, at its discretion, may request additional services. When requested by the CITY, in writing, the CONSULTANT may perform additional services associated with this project that are outside the original Scope of Work contemplated under this AGREEMENT. Compensation for these additional services will be based on current billing rates plus reasonable travel expenses. The CITY shall approve the scope, number of hours, and fee schedule for such services with the CONSULTANT before any additional work commences. 3 9. NOTICE Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the representative specified below or as otherwise designated in writing and mutually agreed. However, any notice of suspension or termination pursuant to Section 12 hereof, if mailed, shall be sent by United States certified mail, postage prepaid, return receipt requested and shall not become effective until the date of receipt. Nothing in this paragraph shall be construed to restrict the transmission of routine communications between representatives of the CONSULTANT and the CITY. A. The name and mailing address of CITY'S Representative for purposes of this notice provision, unless and until another person is designated in writing, is City of Aventura, Ronald J. Wasson City Manager, City of Aventura, 19200 West Country Club Drive, Aventura, FL 33180. B. The name and mailing address of CONSULTANT'S Representative for purposes of this notice provision, unless and until another person is designated in writing, is Jonathan Grace, Principal, Berry, Dunn, McNeil & Parker, LLC, 2211 Congress Street, Portland, ME 04102. 10. MANNER OF PAYMENT A. The CONSULTANT shall furnish the CITY with timely progress invoices each month for services rendered to date for each project phase. The terms of payment will be net thirty (30) days. B. Should any statement be the subject of a legitimate dispute between the parties, no late payment charge shall apply to any amounts not paid by the CITY because of said dispute; CITY shall pay all amounts not reasonably deemed to be included in the dispute. 11. FORCE MAJEURE CONSULTANT will endeavor to use commercially reasonable efforts to complete all work contemplated under this AGREEMENT. However, neither party shall be liable to the other party for any failure to perform, or delay in performance of, any obligation under this AGREEMENT to the extent such failure or delay shall have been wholly or principally caused by acts or events beyond CONSULTANT'S reasonable control rendering performance illegal or impossible. As used in this section, "force majeure" means any cause beyond the reasonable control of a party including, but not limited to, an act of God, nature, act of aggression, fire, strike, flood, riot, war, delay of transportation, terrorism, pandemics or other widespread outbreaks of infectious diseases, or the inability, due to the aforesaid causes, to obtain necessary labor, material, or facilities. 12. TERMINATION OR SUSPENSION OF CONTRACT A. The obligation to continue services under this AGREEMENT may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party; provided, however, that the terminating party has first given the other party written notice of the reason for such termination 4 and the other party has failed to cure or rectify the issue or matter within fifteen (15)days of receipt of such notice. B. In the event the CITY terminates the CONSULTANT'S services as permitted under Section 12.A of this AGREEMENT, the CITY shall pay the CONSULTANT for all services performed to the effective date of termination. The CONSULTANT shall be entitled to receive only the fair value of services rendered and direct out of pocket expenses incurred hereunder prior to the effective date of such termination. Upon restart of a project previously terminated, equitable adjustment may be made to compensation for remobilization of the project. 13. ASSIGNMENT Neither the CITY nor the CONSULTANT shall assign or transfer their rights or obligations in the AGREEMENT without the written consent of the other; such consent shall not be unreasonably withheld. 14. NON-EXCLUSIVITY This AGREEMENT is non-exclusive. CITY retains the right to engage the services of additional third-party Consultants or assign responsibilities to an employee of the CITY to perform the same or similar services provided by CONSULTANT under this AGREEMENT and to assign work to such parties in its sole discretion. 15. INSURANCE The CONSULTANT shall purchase and maintain insurance coverage. Insurances shall cover all CONSULTANT'S employees while performing any work incidental to the performance of the AGREEMENT between the CITY and the CONSULTANT. 16. INDEMNIFICATION The CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CITY against damages, liabilities, and costs arising from the negligent acts of the CONSULTANT in the performance of professional services under this AGREEMENT, to the extent that the CONSULTANT is responsible for such damages, liabilities, and costs on a comparative basis of fault and responsibility between the CONSULTANT and the CITY. The CONSULTANT shall not be obligated to indemnify the CITY for the CITY'S own negligence. 17. RIGHT TO AUDIT PROJECT DOCUMENTS AND RECORDS The CONSULTANT may be subject to audit by federal, state, and local agencies pursuant to this AGREEMENT. The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the services hereunder for at least five (5) years from the date of contract ending date. The CITY shall have access to such books, records, and documents that are directly related to this engagement for the purpose of inspection or audit during normal business hours at a place and time convenient and agreeable to the CONSULTANT and the CITY; provided, however, that CONSULTANT shall not be required at any time to submit 5 to an audit by an independent certified public accountant. 18. ETHICS IN PUBLIC CONTRACTING The CONSULTANT certifies that its proposal is made without collusion or fraud and that CONSULTANT has not offered or received any kickbacks or inducements from any other contractor, supplier, manufacturer, or subcontractor in connection with CONSULTANT'S proposal; that CONSULTANT has not conferred with any public employee having official responsibility for this procurement transaction; and that CONSULTANT has not received any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, in connection with this proposal or procurement transaction, unless consideration of substantially equal or greater value was exchanged. 19. CONFLICT OF INTEREST CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this AGREEMENT has any personal financial interest, direct or indirect, with the CITY. CONSULTANT further covenants that, in the performance of this AGREEMENT, no person having such conflicting interest shall be employed. Any such interests, on the part of the CONSULTANT or its employees, must be disclosed in writing to the CITY. CONSULTANT is aware of the conflict of interest laws of 2-11.1 of the Miami-Dade County Code of Ordinances, the Municipal Code of the City of Aventura, and the State of Florida, Chapter 112, Florida Statutes, as amended from time to time, and agrees it will fully comply in all respects with the terms of said laws. CONSULTANT warrants that it has not employed or retained any person employed by CITY to solicit or secure this AGREEMENT and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by CITY any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon or resulting from the award of this privilege. 20. SCRUTINIZED COMPANIES A. CONSULTANT certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this AGREEMENT at its sole option if the CONSULTANT or its subcontractors are found to have submitted a false certification; or if the CONSULTANT, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the AGREEMENT. B. If this AGREEMENT is for more than one million dollars, the CONSULTANT certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the CITY may immediately terminate this AGREEMENT at its sole option if the CONSULTANT, its affiliates, or its subcontractors are found to have submitted a false certification; or if the CONSULTANT, its affiliates, or its subcontractors are placed on the Scrutinized 6 Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the AGREEMENT. C. The CONSULTANT agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this AGREEMENT. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. 21. E-VERIFY Effective January 1, 2021, public and private employers, contractors and subcontractors will begin required registration with, and use of, the E-verify system in order to verify the work authorization status of all newly hired employees. CONSULTANT acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the CITY. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Aventura. Should Vendor become the successful Contractor awarded for the above-named project, by entering into this AGREEMENT, the Contractor becomes obligated to comply with the provisions of § 448.095, FL. Statutes, as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees; and requiring all subcontractors to provide an affidavit attesting that the Subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The CONSULTANT shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this AGREEMENT, or if a Subcontractor knowingly violates the statute, the CONSULTANT must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the CONSULTANT, the CONSULTANT may not be awarded a public contract by the CITY for a period of 1 year after the date of termination. 22. SEVERABILITY If any part, term, or provision of this AGREEMENT is found by a Court to be legally invalid or unenforceable, then such provision or portion thereof shall be performed in accordance with applicable laws to the extent possible. The invalidity or unenforceability of any provision or portion of this AGREEMENT or any contract document related to this AGREEMENT shall not affect the validity of any other provision or portion of this AGREEMENT or any related contract document. 23. AGREEMENT CONSTRUED UNDER FLORIDA LAWS The AGREEMENT is deemed to be executed and performed in the State of Florida and shall be 7 construed in accordance with the laws of the State of Florida. 24. CONFLICT OF TERMS If there is a conflict, discrepancy, or inconsistency between the language in this AGEEMENT and the language in the CITY'S Request for Proposal, the CONSULTANT'S Proposal, or any other document or exhibit attached to this AGREEMENT, the language in this AGREEMENT shall control. 25. ENTIRE UNDERSTANDING This AGREEMENT comprises the entire understanding between the parties and cannot be modified, altered, or amended, except in writing and signed by all parties. 26. FEES FOR SERVICES PERFORMED Pursuant to the "Fee Schedule" in CONSULTANT'S Statement of Work and Fee Scheduled dated April _, 2023 (Exhibit B), the CITY agrees to pay CONSULTANT an amount not to exceed $150,350, including travel expenses, for the services designated in Exhibits A and B. 27. TERM The effective date of this AGREEMENT shall be ten (10) days after approval by the City Commission. The term of this AGREEMENT shall be for a period of three (3) years from the effective date and may be renewed for four (4) additional one (1) year periods unless it is terminated earlier by either party pursuant to paragraph of the AGREEMENT. The term of this AGREEMENT may be extended upon the mutual consent of both parties in writing. By signing below, each of the parties executes this AGREEMENT as of the date written below and agrees to all the terms and conditions contained herein. CITY OF AVENTURA BERRY, DUNN, MCNEIL & PARKER, LLC dba BERRYDUNN By: By: Print Name: Ronald J. Wasson Name: Jonathan Grace Title: City Manager Title: Principal Date: Date: By: Print Name: Ellisa L. Horvath Title: City Clerk Date: 8 By: Print Name: Robert Myers Title: City Attorney Date: 9 City of Aventura, FL Enterprise Resource Planning/Information Technology Consulting Services Statement of Work and Fee Schedule B. Statement of Work—April 19, 2023 Below we present our detailed work plan to complete the City's requested scope of services. Phase 1. Needs Assessment 1.1 Conduct initial project planning. We will conduct an initial project planning session with the City's project team to introduce key team members, clarify goals and objectives, identify known project constraints, and refine dates and/or tasks, as appropriate. We will discuss our approach for managing communications between BerryDunn and the City and our approach to the scope, risks, and resource management. We will also request names and contact information for the appropriate staff members who will be involved in the project. These discussions will inform the development of the Project Work Plan and Schedule. 1.2 Develop the Project Work Plan and Schedule. Based on the information gathered from our initial project planning session, we will develop the Project Work Plan and Schedule,which will address our approach for communications, scope, risks, and resource management. The Project Work Plan and Schedule will also address our approach to providing the exact services requested by the City and the agreed-upon time frame for each task. In addition, the Project Work Plan will incorporate agreed-upon procedures between BerryDunn's and the City's project teams related to project control, including quality management and deliverable submission/acceptance management. After providing draft versions of these materials in advance, we will facilitate a teleconference to review the drafts and solicit feedback from the project team. This feedback will be incorporated into the document, which will then be distributed to the project team in final form. Deliverable 1—Project Work Plan and Schedule 1.3 Develop Biweekly Project Status Updates.Throughout the project, our project manager, Matthew Tremblay, will provide Biweekly Project Status Updates that describe the activities and accomplishments for the reporting period, plans for the upcoming month, risks or issues encountered during the reporting period, and anticipated problems that might impact any project deliverable. We will meet with the City's project manager to review these updates. Deliverable 2—Biweekly Project Status Updates 1.4 Develop and issue a web survey and an information request, and review results.We will develop and distribute a web survey to City staff to understand issues and challenges with current business processes. We anticipate that this survey will be issued to the core department stakeholders and used to help determine the current challenges and areas for improvement. Prior to issuing the web survey, we will review the questions with the project team. We will use the survey results as one of many data points in developing our evaluation of the current environment. Additionally, prior to conducting our work, we will provide the City's project team with an information request sheet to request available documentation that will be helpful to us during the project(e.g., organizational charts, documentation on existing systems, and policy documentation). We will respectfully request that the project team provide the requested information prior to the project kickoff meeting and interviews, as reviewing this information in advance of our work will enable us to be more efficient, become more knowledgeable of the current environment, and make best use of City personnel's time. 1.5 Facilitate a kickoff presentation.We will conduct a kickoff presentation with City leadership and all project stakeholders. This will serve as an opportunity to introduce our project team members, discuss 1 Phase 1. Needs Assessment goals, present our project approach and methodology, review the schedule of key project dates, and answer questions. As part of this presentation, the City's project sponsor is expected to participate and speak to the goals and objectives of the initiative. 1.6 Facilitate fact-finding meetings. Following the project kickoff presentation, we will conduct fact-finding meetings with City staff identified as current and future users of the ERP solution.We will also meet with IT staff and representative stakeholders from each department, by functional area. We will explore their experiences in daily interaction with the system, along with any additional areas we identify prior to or during the kickoff meeting. The purpose of these meetings is to review, evaluate, and document the City's existing system functionality and understand processes that are critical or unique to the City.Where appropriate, our team will observe staff conducting business process routines. We will also meet with representatives from the City's IT staff who support the existing applications to review available system documentation, existing data elements, and data reporting needs.When necessary, the BerryDunn team will accommodate unanticipated scheduling challenges of City personnel to make the best use of time. Our approach is to do what we can to accommodate such needs, providing the opportunity for all stakeholders to contribute their thoughts and ideas. We will schedule meetings to address all functional areas in the City's requested scope that may be part of a future ERP environment. 1.7 Facilitate an RFP planning meeting.As part of our fact-finding meetings,we will facilitate an RFP planning meeting with the City's procurement team. We will review and discuss the City's existing RFP process, development of the RFP, the associated addenda, and any required forms for submission. 1.8 Develop a Needs Assessment Memo. Drawing on the information gathered through our review of documentation, web survey results, and fact-finding sessions, we will prepare a draft Needs Assessment Memo. This report will include but not limited to: • A high-level summary of findings • Challenges and areas for improvement • Other preliminary considerations We will provide a draft of the Needs Assessment Memo to the City for review and facilitate a work session via teleconference to explain our findings, gain feedback, and build consensus related to the presented decision points.We believe it is important to obtain the City's validation and approval of these findings, as this information will serve as the basis for future requirements. We will then revise the report and update to final. Deliverable 3—Needs Assessment Memo 1.9 Facilitate as-is business process sessions and develop Current State Business Process Diagrams.Throughout fact-finding sessions, there are often processes that are difficult, not well understood, or likely to change when a new system is implemented. These processes often benefit from the business process diagramming process. For many of the City's processes, business process mapping may not be necessary as details will be sufficiently captured in narrative assessments. That said, we anticipate diagramming up to 20 current state business processes, composed of five high-complexity, five medium- complexity, and ten low-complexity processes. Table 1 outlines our process review matrix used to designate the complexity of each documented process. Table 1: Process Review Complexity Matrix Complexity Process Description Low A single iteration process with limited inputs and outputs and a small number of departments involved. 2 Phase 1. Needs Assessment A process involving more than two City departments that might Medium involve external agencies. A limited number of other workflow processes impact it. However, there might be one to two variations of the process depending on predecessor or contingency tasks. A process involving multiple inputs and outputs, several High departments, and possibly external agencies. It has multiple variations, which might be dependent on variable predecessor tasks and contingency processes. We will review the process diagrams with the City's project team to solicit feedback and build consensus for the flows before updating them to final. Should we need any clarity in this process, we will follow-up with the City's functional area representatives and project team as needed. Deliverable 4— Current State Business Process Diagrams 1.10 Plan for and facilitate vendor outreach sessions. We will help plan for vendor outreach sessions, assisting with both scheduling and developing associated documentation. We will then facilitate vendor outreach sessions to provide an opportunity for up to six vendors to provide information on the capabilities of the systems on the marketplace for two hours each. We will provide these vendors with a format to follow for ease of comparison. By holding these sessions, the City will be better informed when finalizing requirements for the future solution. At the conclusion of these sessions, we will conduct a debrief survey to solicit feedback from participants of desired functionality to be included in the RFP for a future system. Deliverable 5— Vendor Outreach Sessions 2.1 Develop Preliminary Functional and Technical Requirements. BerryDunn has developed a database of ERP-specific technical and functional requirements based on our experience with other governmental agencies, as well as our knowledge of software system functionality and best practices. Drawing from this database, we will make refinements based on those processes that are critical or unique to the City. These requirements will support supplemental functionality requirements with key reporting, interface, and conversion enhancements. In our recent experience, those areas have significantly differentiated vendors' solutions and require a specific focus in the selection activities. Our analysis typically results in about 75% of the requirements being defined upfront for most of our clients. Deliverable 6—Preliminary Functional and Technical Requirements 2.2 Facilitate joint requirements planning (JRP)work sessions to review and update requirements. We will facilitate a series of JRP work sessions with City stakeholders and our project team members to review the preliminary requirements. We will reconvene many of the same stakeholders, organized by functional area, which met during fact-finding activities to discuss the future system capabilities. Using the preliminary list, we will review and confirm each item as well as assign a relative criticality to communicate to vendors responding to the list as part of their RFP responses. We will also facilitate similar meetings to review potential interfaces and data conversion objects. Once these have been reviewed, we will update the list to final. Our role in facilitating the JRP work sessions involves contributing our focused knowledge of the vendor marketplace to align the items requested in the list with the goals and objectives of the project. For example, we might comment on where functionality being requested is beyond the core capabilities of 3 Phase 2. RFP Development vendors and might represent a cost increase. Conversely, we can advise on requirements to include that might be commonplace today, but beyond the familiarity of City stakeholders. Deliverable 7—Final Functional and Technical Requirements 2.3 Develop an RFP Package.We will develop an RFP Package using a proven format that incorporates information pertaining to the history of the project, a high-level description of the City's current environment, the City's desired approach to implementing a new ERP solution, the City's Final Functional and Technical Requirements, and a structured list of points for vendors to address in their responses. Our project team will also work with the City to develop objective evaluation criteria to include in the RFP. We will then prepare a scoring matrix to track significant strengths and limitations of each proposal reviewed, based upon established evaluation criteria. Once complete, we will meet with the City's project team to review the draft RFP Package, collecting any feedback or additional terms for inclusion, before updating the RFP to final and providing it to the City's project team for distribution through its standard channels. In addition, we can provide a distribution list that includes most of the major ERP solution vendors in the market. Deliverable 8—RFP Package 'hase 3. Proposal Submission/Evaluation Process 3.1 Assist with responding to vendor questions and developing addenda. Our project team will assist the City's project team in responding to vendor questions and developing corresponding addenda. 3.2 Assist with facilitating a vendor pre-proposal conference. Our project team will coordinate, plan, and lead a pre-proposal conference for interested vendors, facilitating the question-and-answer portion of the meeting. We will then compile a list of questions raised and will prepare suggested responses on the City's behalf. These will be provided in a format that the project team can review, revise, and ultimately publish as an addendum to the RFP, as determined by procurement staff. 3.3 Perform an initial completion review of vendor proposals received, identify initial items for clarification, and develop Proposal Executive Summary Memo.We will facilitate the proposal review process by analyzing up to 12 vendor proposals to identify issues, risks, exceptions, omissions, and objections, compiling them in a single, executive-level Proposal Executive Summary Memo. The memo will identify key areas for consideration by the evaluation team related to each vendor's ability to meet minimum requirements, and alignment with the evaluation criteria within the RFP. This memo will also include a comparison of vendor responses to the Final Functional and Technical Requirements. 3.4 Facilitate round one scoring meetings to identify short-listed vendors and items needing clarification. We will participate in a meeting with the evaluation team to review the proposal summaries, discuss each proposal received, assist in the scoring process, and collect scores to identify the top preferred vendors to invite for demonstrations. We will clarify any open items with these short-list vendors before issuing invitations for demonstrations. Deliverable 9—Proposal Executive Summary Memo and Short-List Identification 3.5 Assist the City project team in planning for demonstrations and writing demonstration scripts. We will meet with the City's project team to discuss the format of vendor demonstration scripts. We will develop a draft demonstration script template and provide it to the City's project team for review. After finalizing an approved version, we will provide the appropriate scripts to each vendor in advance of 4 Phase 3. Proposal Submission/Evaluation Process demonstrations. 3.6 Facilitate pre-demonstration conference calls. We will facilitate pre-demonstration conference calls with each of the City's short-listed vendors. Our project team will lead these calls and allow each vendor an hour to ask questions about the demonstration scripts. 3.7 Facilitate vendor demonstrations.We will attend demonstrations and assist the City's project team with facilitation. Our project team's extensive background in the demonstration process will provide the City's project team with a unique perspective on how to score, prepare, evaluate, and participate in vendor demonstrations. 3.8 Facilitate round two scoring meetings to identify preferred vendors.We will participate in the second round of vendor scoring immediately following the final demonstration to identify the vendor or vendors for which the City's project team should perform its reference checks. 3.9 Assist in planning for reference checks and site visits.We will assist the City's project team with identifying tasks that should be accomplished prior to meeting at each site. We will coordinate with the City's project team to discuss the suggested approach for these reference checks. 3.10 Facilitate a final scoring meeting.We will participate in the final round of vendor scoring via teleconference following the completion of reference checks and site visits. The objective will be to identify a preferred vendor and a second-choice vendor should contract negotiations with the first be unsuccessful. Deliverable 10—Demonstration Facilitation and Preferred Vendor Identification Phase 4. Contract Approval and Negotiations 4.1 Develop an Implementation Resource Planning Memo.We will develop an Implementation Resource Planning Memo with the purpose of outlining implementation readiness as it relates to implementation roles, responsibilities, and resource allocation needed. This memo will include specific steps the City should take to minimize its risk during the implementation. Deliverable 11—Implementation Resource Planning Memo 4.2 Support the contract approval and negotiations process.At the conclusion of final scoring activities, we anticipate supporting the City with the contract approval and negotiations process when and where it will benefit the City most.We have been involved in this process from the client, vendor, and independent consultant perspectives and understand how the associated support needs vary and how the contract impacts the eventual implementation process. In conducting contract approval and negotiations activities, we will draw on these experiences to help ensure the City's best interests are met and project goals and objectives are achieved. Working collaboratively with the City's project team, legal counsel, and preferred vendor, among other stakeholders, we will take part in various activities, including, but not limited to: • Developing a draft contract, using the City's contracting procedures and the vendor's proposal as starting points • Reviewing the contract documents with the City's project team to help ensure that requirements are clearly defined and to establish that the City agrees to the schedule, implementation process, fee arrangement, scope of services, vendor resources, deliverables, costs, acceptance criteria, and 5 Phase 4. Contract Approval and Negotiations terms and conditions • Participating during negotiations with the preferred vendor • Supporting presentation development and delivery to City leadership as it relates to receiving approval and contract execution Should it become clear at any point during contract approval and negotiations that the preferred vendor's solution or contract terms will not meet the needs of the City, we might recommend halting the process with that vendor and commencing efforts with the second-choice vendor. In recognition of the many variables not yet known related to the contract approval and negotiation timeline and work effort, we plan to commit up to 40 hours, billed as incurred. Deliverable 12— Contract Approval and Negotiations Assistance A. Estimated Phase Completion Below we present our estimated time to complete each phase and the estimated number of hours for each phase. Estimated Phase Completion Estimated Months Estimated Hours Phase 1. Needs Assessment 2.5—3.5 304 Phase 2. RFP Development 1 99 Phase 3. Proposal Submission/Evaluation Process 4-5 147 Phase 4. Contract Approval and Negotiations 2.5—3.5 54 Total 10 - 13 604 B. Hourly Rates Project Team Member Role Hourly Rate Jonathan Grace, Principal Project Principal $450 Austin Nichols, Senior Consultant Project Manager $234 Ross DeFalle, Senior Consultant Lead Business Analyst $234 Pam Coleman, Senior Consultant Human Capital Management Lead $234 Allisha Ouellette, Consultant Human Captial Management Business Analyst $180 Amy Clark, Senior Consultant Financials Lead $234 Sachin Goradia, Consultant Financials Business Analyst $180 Kathryn Offerdahl-Joyce, Senior Consultant Procurement Subject Matter Expert $234 Candace Pierce, Senior Consultant Technical Subject Matter Expert $234 6 C. Fee Schedule The following table contains the fees for services by phase and deliverable. Also included is a travel expense estimate. We will submit monthly progress invoices based on the progress towards the completion of each deliverable and any actual travel expense incurred. We will not submit a final invoice for a deliverable without signed acceptance from the City. Phases and Deliverable Phase 1. Needs Assessment D01. Project Work Plan and Schedule $3,500 D02. Biweekly Project Status Updates $7,600 D03. Needs Assessment Memo $36,100 D04. Current State Business Process Diagrams $20,600 D05. Vendor Outreach Sessions $3,200 Phase 1 Sub-Total $71,000 Phase 2. RFP Development D06. Preliminary Functional and Technical Requirements $3,300 D07. Final Functional and Technical Requirements $16,000 D08. RFP Package $3,700 Phase 2 Sub-Total $23,000 Phase 3. Proposal Submission/Evaluation Process D09. Proposal Executive Summary Memo and Short-List Identification $12,050 D10. Demonstration Facilitation and Preferred Vendor Identification $19,150 Phase 3 Sub-Total $31,200 Phase 4. Contract Approval and Negotiations D11. Implementation Resource Planning Memo $3,650 D12. Contract Approval and Negotiations Assistance $9,500 Phase 4 Sub-Total $13,150 Project Sub-Total $138,350 Travel Expense Estimate $12,000 Project Total $150,350 7 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY- Robert Meyers, Office of the City Attorneyi � DATE: April 28, 2023 SUBJECT: A Resolution Providing for Rules of Decorum and Participation at Meetings of the City Commission May 2, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve a resolution to provide for rules of decorum and public participation and establish processes for addressing potentially disruptive conduct at meetings of the City Commission. BACKGROUND Section 4.01 of the City Charter establishes the right of the City Commission to create procedures relative to City Commission meetings. To this end, the City Commission enacted Resolution No. 96-18 (amended from time-to-time), instituting general meeting and agenda procedures, including a section authorizing the Mayor to maintain order at City Commission meetings. This section grants general authority to the Mayor to take action when a person's conduct is improper or prejudicial to the operation of the meeting and also provides for the removal of a person from the Commission meeting who is a continual disruptor. However, the 1996 resolution (and subsequent resolutions) do not specifically identify rules of decorum or participation, nor do these earlier resolutions detail the steps leading to removing an unruly speaker or audience member from the meeting. In order to create uniform rules of decorum and participation at City Commission meetings, as well at setting forth limitations on signs, placards and banners brought to a Commission meeting, the policies contained in the proposed resolution provides the necessary guidelines to enable the City Commission to operate orderly meetings to the benefit of those in attendance and the public at large. Fiscal Impact This item will have a no impact on the City's budget. CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR RULES OF DECORUM AND PARTICIPATION AND ADDRESSING POSSIBLE DISRUPTIONS DURING MEETINGS OF THE CITY COMMISSION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.01 of the City Charter of the City of Aventura, Florida, provides that the City Commission may establish procedures relative to City Commission meetings and agendas; and WHEREAS, Resolution 96-18 sets forth the general authority for the Mayor to maintain decorum at Commission meetings but cites no specific rules or policies for the Mayor to rely on when a speaker or member of the audience acts in a manner prejudicial to the proper conduct of a City Commission meeting; and WHEREAS, the City Commission wishes to provide uniform rules of public participation and decorum for the orderly and effective operation of City Commission meetings; and WHEREAS, the adoption of this Resolution is in the best interest and welfare of the residents of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. General Requirements. That the Mayor shall rule out of order a member of the public who speaks without being recognized or who does not address the City Commission from the podium or other established speaking area. The speaker shall direct all comments to the City Commission as a body and not to individual City Commission members. A speaker shall observe the three-minute limit set for public comments unless extended by the Mayor for good cause. Section 3. Decorum: Speaker. That any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall relinquish the right to continue to speak. If, after sufficient warning by the Mayor, the speaker fails to cease the disruptive conduct, the individual shall be removed from the City of Aventura Resolution No. 2023- meeting by the Aventura Police Department, at the direction of the Mayor, for the remainder of the meeting. Section 4. Decorum: Audience. That no clapping, applauding, heckling or verbal outbursts from the audience in support or opposition to a speaker or the speaker's remarks shall be permitted. If such disruptive conduct continues after warning from the Mayor, said audience member shall be ordered to leave the meeting. Section 5. Signage. That for public safety purposes, no signs or placards mounted on sticks, posts, poles or similar structures shall be allowed in the Commission Chambers or other meeting rooms when the City Commission is in session. Other signs, placards, or banners shall not disrupt the meetings or interfere with the view of others in attendance at City Commission meetings. The Mayor is granted the authority to disallow all signs, placards and banners during a meeting of the City Commission. Section 6. Implementation. That the City Manager is hereby authorized to take the necessary steps to implement this Resolution. Section 7. Effective Date. That this Resolution shall take effect immediately upon its passage and 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of May 2023. Page 2 of 3 City of Aventura Resolution No. 2023- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: April 28, 2023 SUBJECT: Budget Amendment Ordinance — FY 2022/23 May 2, 2023 City Commission Meeting Agenda (First Reading) June 6, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2022/23 budget. BACKGROUND This mid-year budget amendment addresses "Other Items" that were not considered in the originally adopted FY 2022/23 Budget that need to be done through a corresponding budget amendment that will provide the necessary funding. Some of these items may have been previously discussed with the Commission but now require formal action. Additionally, the 2022/23 mid-year amendment will create a new Building Fund as explained below to comply with Florida State Statutes and dissolve the Police Off-duty Services Fund to combine it with the General Fund. For simplicity, the following narrative addresses all of the items discussed above in "Fund/Account Number sequence" in terms of how they appear on the adjacent FY 2022/23 Budget Amendments Schedule ("Exhibit A"). General Fund — (001) — ($2,369,368 net decrease) City Commission (0101) — ($3,500 increase) 4650 R&M — Office Equipment requires a $3,500 budget amendment to pay the annual support for OpenMeeting, the Request to Speak solution for the Commission Chambers that was not in the originally adopted budget. This overage will be offset by a corresponding increase of$3,500 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). 1 Information Technology (1201) ($1,350 increase) 4650 R&M — Office Equipment requires a $1,350 budget amendment for the camera relocation in the Commission Chambers which was not included in the originally adopted budget. This overage will be offset by a corresponding increase of$1,350 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). Police (2001) — ($550,000 increase) 1420— Extra Duty Detail requires a $550,000 budget amendment. It is recommended that the Police Off-duty Service Fund be closed and reallocated to the General Fund. This will be offset with Revenue line item 3421100, Police Detail Billing, of$550,000. Community Development — ($3,156,741 decrease) In order to comply with the Florida Building Code of the Florida Statutes 553.70-553.899, specifically, Building Construction Standards — Enforcement, Chapter 553.80 Section (7)(a)., of the Florida Statutes, the City is required to record all revenues and expenditures generated by the Building Department in a separate fund. All building related revenue must be used only for building related expenditures. Currently, all Building Department activity is recorded in the General Fund under the Community Development Department. Therefore, the City is creating a new Special Revenue Fund, the Building Fund, in order to account for building related activities separately. The Building Fund will be used to account for monies coming in and out of the Building division in the Community Development Department to comply with the above Florida Statute. Listed below is a summary of the amendments for the City's General Fund, by Department and Division, and the Building Fund along with the supporting schedule — Exhibit "A". Portions of the FY 2022/23 budget that relate to Building Division activity will be taken out of the General Fund and put into the new Building Fund. Administrative costs from the General Fund are allocated to the Building Fund based on percentages estimated by the Department Directors and budgeted as a transfer into the General Fund for those services that other Departments provide. The Revenues below will be transferred out of the General Fund and into the Building Fund — ($3,362,500 decrease). • 3221000 - Building Permits - ($3,200,000) • 3221500 - Radon/Code Compliance Admin Fee - ($7,500) • 3222000 - Certificate of Occupancy - ($155,000) 2 The General Fund will be increasing by $205,759 as the Building Fund will be allocating back to the General Fund for the percentage of General Fund Services used as reflected in the Transfer from Building Fund (3811014). The Expenditures listed below by category will be transferred to the Building Fund — ($3,156,741 decrease including capital). • Personal Services - ($361,491) • Contractual Services - ($2,680,000) • Other Charges & Services - ($77,713) • Commodities - ($6,500) • Other Operating Expenses - ($100) • Capital — ($30,938) Public Works/Transportation (5401) — ($210,000 increase) 4301 — Utilities — Electric requires a $40,000 budget amendment due to the anticipated overage this account will have based on the increase in monthly expenses not included in the originally adopted budget. 4320 — Utilities — Water requires a $170,000 budget amendment due to the anticipated overage this account will have based on the increase in monthly expenses not included in the originally adopted budget. This overage will be offset by a corresponding increase of$210,000 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). Capital (80xx) — ($64,892 decrease) City Commission (8001-511-6410)—($7,750 net increase) requires a budget amendment of$7,750 for the Request to Speak solution for the Commission Chamber and iPads that were not in the originally adopted budget. This overage will be offset by a corresponding increase of$7,750 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). Community Development (8040-524-6402 & 6410) — ($30,938 net decrease) requires a budget amendment decrease of $30,938 for the accounts as outlined below due to the creation of the Building Fund as outlined above in the Community Development Department section. • 6402 - Computer Equipment <$5,000 — ($12,188 decrease) • 6410 - Equipment >$5,000 — ($18,750 decrease) 3 Public Works (8054-539/541) — ($1,506,915 increase) requires a budget amendment as separated below. • 6421 — Government Center Improvements — ($1,500,000 increase) — Replace two (2) Chillers at the Government Center. This overage will be offset by a corresponding reduction of $1,500,000 in the Capital Reserve Expenditure Account (001-8090-590.69-99). • 6341 — Transportation System Improvements — ($6,915 increase) — Replacement and relocation of CCTV pole — sites 8, 9 & 10. This overage will be offset by a corresponding increase of $6,915 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). Arts & Cultural Center (8070-575-6208) — ($120,000 increase) requires a budget amendment of$120,000 for a repair of a wall at the Arts & Cultural Center. This overage will be offset by a corresponding reduction of $120,000 in the Capital Reserve Expenditure Account (001-8090-590.69-99). Non-Departmental (8090-590)—($1,668,619 decrease) requires a budget amendment as separated below. • 6101 — Land Acquisition-Purchase — ($110,000 increase) — for the Don Soffer Aventura High School Sign. This overage will be offset by a corresponding reduction of $110,000 in the Capital Reserve Expenditure Account (001-8090- 590.69-99). • 6410 — Equipment>$5,000 — ($7,858 increase) — for the Government Instructional Digital Sign switch out located in the median of NE 188t" Street at NE 29t"Avenue. This overage will be offset by a corresponding increase of$7,858 in the Half Cent Sales Tax Revenue line item (001-0000-335.18-00). • 6999 — Capital Reserve — ($1,786,477 decrease) — this line item is being reduced as mentioned throughout this memo. Non-Departmental - Transfers (9001-581) — ($56,477 increase) 9127—Transfer—Charter H.S. Construction Fund requires a $56,477 budget amendment for Don Soffer Aventura High School (DSAHS) kitchen pass through project and gym/weight room reconstruction which was not included in the originally adopted budget. This overage will be offset by a corresponding reduction of$56,477 in the Capital Reserve Expenditure Account (001-8090-590.69-99). 4 Building Fund (164) — ($3,362,500 net increase) As explained earlier in the memo under the General Fund, Community Development Department, in order to comply with the Building Construction Standards — Enforcement, Chapter 553.80 Section (7)(a)., of the Florida Statutes, the Building Fund has been created. Revenues and expenditures will be transferred from the General Fund to the Building Fund. The Revenues below will be transferred to the Building Fund — ($3,362,500 increase). • 3221000 - Building Permits - $3,200,000 • 3221500 - Radon/Code Compliance Admin Fee - $7,500 • 3222000 - Certificate of Occupancy - $155,000 The Expenditures listed below by category will be transferred to the Building Fund — ($3,362,500 increase). Operating Expenditures (4001) - $3,125,804 increase • Personal Services - $361,491 • Contractual Services - $2,680,000 • Other Charges & Services - $77,713 • Commodities - $6,500 • Other Operating Expenses - $100 Capital Outlay — ($30,938 increase) • 6402 - Computer Equipment <$5,000 - $12,188 • 6410 - Equipment >$5,000 - $18,750 Transfers (9001-581) — $205,759 increase • The Building Fund will be transferring $205,759 (9101) to the General Fund for the percentage of General Fund Services used. The budget amendments outlined above, have a net effect on both the General Fund and Building Fund budgets. Charter High School Construction Fund (394) — ($75,000 net increase) Charter School (6010) 6208 — Buildings / High School Construction requires a $75,000 budget amendment for the kitchen pass through project which was not included in the originally adopted budget in the amount of$25,000 and $50,000 for the DSAHS gym/weight room construction. The Revenue line item to offset this expenditure will come from 3999000, Carryover, for $18,523 and the Transfer in from General Fund for $56,477. 5 Police Off-duty Services Fund (620) — ($550,000 net decrease) As stated above in the General Fund, Police Department, it is recommended the Police Off-duty Services Fund be closed and combined with the General Fund. The Revenues below will be transferred to the General Fund — ($550,000 decrease) • 3421100 - Police Detail Billing — ($550,000) The Expenditures listed below by category will be transferred to the General Fund — ($550,000 decrease). • Personal Services (2001) — ($550,000) The budget amendments outlined above have a net effect on both the General Fund and Police Off-duty Services budgets. If you should have any questions related to this memorandum, please feel free to contact the City Manager. 6 CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2022-20 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2022/2023 FISCAL YEAR BY REVISING THE 2022/2023 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2022/2023 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2022-20, which Ordinance adopted a budget for the 2022/2023 fiscal year, by revising the 2022/2023 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2023- Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2022. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2023- PASSED on first reading this 2nd day of May, 2023. PASSED AND ADOPTED on second reading this 6t" day of June, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 City of Budget Amendment Fiscal Year 2022/23 Exhibit A Amended Amended Budget Budget Budget Object Code Category FY2022/23 Amendment FY2022/23 General Fund -00 Revenues Licenses &Permits 3221000 Building Permits $ 3,200,000 $ (3,200,000) $ - 3221500 Radon/Code Comp Admin. Fee 7,500 (7,500) - 3222000 Certificate of Occupancy 155,000 (155,000) - Subtotal $ 3,362,500 $ (3,362,500) $ - Intergovernmental Revenues 3351800 Half Cent Sales Tax 2,900,000 237,373 3,137,373 - Subtotal $ 2,900,000 $ 237,373 $ 3,137,373 Charges for Services 3421100 Police Detail Billing $ - $ 550,000 $ 550,000 - Subtotal $ - $ 550,000 $ 550,000 Transfers 3811014 Transfer from Building Fund $ - $ 205,759 $ 205,759 Subtotal $ - $ 205,759 $ 205,759 Total General Fund Revenues $ 6,262,500 $ (2,369,368) $ 3,893,132 General Fund - ii Expenditures City Commission (0101) Other Charges&Services 4650 R&M -Office Equipment $ - $ 3,500 $ 3,500 Total City Commission $ - $ 3,500 $ 3,500 Information Technology(1201) Other Charges&Services 4650 R&M -Office Equipment $ 320,733 $ 1,350 $ 322,083 Total Information Technology $ 320,733 $ 1,350 $ 322,083 Police (2001) Personal Services 1420 Extra Duty Detail - 550,000 550,000 Total Police $ - $ 550,000 $ 550,000 Community Development(4001) Personal Services 1201 Employee Salaries $ 575,382 $ (270,644) $ 304,738 2101 FICA 44,017 (20,704) 23,313 2201 Pension 71,944 (29,112) 42,832 2301 Health, Life & Disability 79,747 (32,859) 46,888 2401 Workers'Compensation 15,298 (8,171) 7,127 Subtotal $ 786,388 $ (361,491) $ 424,897 Contractual Services 3101 Building Inspection Services $ 2,650,000 $ (2,650,000) $ - 3190 Prof. Services 150,000 (30,000) 120,000 Subtotal $ 2,800,000 $ (2,680,000) $ 120,000 Other Charges&Services 4041 Car Allowance $ 6,000 $ (1,800) $ 4,200 4101 Communication Services 1,500 (375) 1,125 4420 Lease Equipment 2,800 (2,100) 700 4645 R&M- Equipment 47,250 (35,438) 11,812 4730 Records Retention 40,000 (38,000) 2,000 Subtotal $ 97,550 $ (77,713) $ 19,837 Commodities 5101 Office Supplies $ 6,000 $ (4,800) $ 1,200 5120 Computer Operating Supplies 2,000 (1,600) 400 5240 Uniforms 500 (100) 400 Subtotal $ 8,500 $ (6,500) $ 2,000 Other Operating Expenses 5450 Training $ 500 $ (100) $ 400 Subtotal $ 500 $ (100) $ 400 Total Community Development $ 3,692,938 $ (3,125,804) $ 567,134 Public Works/Transportation (5401) Other Charges&Services 4301 Utilities-Electric 72,000 40,000 112,000 4320 Utilities-Water 430,000 170,000 600,000 Total Public Works/Transportation $ 502,000 $ 210,000 $ 712,000 Capital Outlay City Commission (8001-511) 6410 Equipment $ - $ 7,750 $ 7,750 Subtotal $ - $ 7,750 $ 7,750 Community Development(8040-524) 6402 Computer Equipment<$5,000 $ 123,534 $ (12,188) $ 111,347 6410 Equipment>$5,000 25,000 (18,750) 6,250 Subtotal $ 148,534 $ (30,938) $ 117,597 Public Works(8054-5391541) 6421 Government Center Improvements 59,920 1,500,000 1,559,920 6341 Transportation System Improvements - 6,915 6,915 Subtotal $ 59,920 $ 1,506,915 $ 1,566,835 Arts&Cultural Center(8070-575) 6208 Building Impr/Equip $ - $ 120,000 $ 120,000 _ Subtotal $ - $ 120,000 $ 120,000 Non-Departmental (8090-590) 6101 Land Acquisition-Purchase $ - $ 110,000 $ 110,000 6410 Equipment>$5,000 45,964 7,858 53,822 6999 Capital Reserve 14,772,304 (1,786,477) 12,985,827 Subtotal $ 14,818,268 $ (1,668,619) $ 13,149,649 Total Capital Outlay $ 15,026,722 $ (64,892) $ 14,961,831 Non-Departmental -Transfers (9001-590) Transfers 9127 T/fer-Charter H.S. Construction Fund $ - $ 56,477 $ 56,477 Total Non-Departmental Transfers $ - $ 56,477 $ 56,477 Total General Fund Expenditures $ 19,542,393 $ (2,369,368) $ 17,173,025 Building Fund -164 Revenues Licenses &Permits 3221000 Building Permits $ - $ 3,200,000 $ 3,200,000 3221500 Radon/Code Comp Admin. Fee - 7,500 7,500 3222000 Certificate of Occupancy 155,000 155,000 Subtotal $ - $ 3,362,500 $ 3,362,500 Total Building Fund Revenues $ - $ 3,362,500 $ 3,362,500 DevelopmentBuilding Fund -164 Expenditures Community 00 Personal Services 1201 Employee Salaries $ - $ 270,644 $ 270,644 2101 FICA - 20,704 20,704 2201 Pension - 29,112 29,112 2301 Health, Life & Disability - 32,859 32,859 2401 Workers' Compensation - 8,171 8,171 Subtotal $ - $ 361,491 $ 361,491 Contractual Services 3101 Building Inspection Services $ - $ 2,650,000 $ 2,650,000 3190 Prof. Services - 30,000 30,000 Subtotal $ - $ 2,680,000 $ 2,680,000 Other Charges&Services 4041 Car Allowance $ - $ 1,800 1,800 4101 Communication Services - 375 375 4420 Lease Equipment - 2,100 2,100 4645 R&M- Equipment - 35,438 35,438 4730 Records Retention - 38,000 38,000 Subtotal $ - $ 77,713 $ 77,713 Commodities 5101 Office Supplies $ - $ 4,800 $ 4,800 5120 Computer Operating Supplies - 1,600 1,600 5240 Uniforms - 100 100 _ Subtotal $ - $ 6,500 $ 6,500 Other Operating Expenses 5450 Training $ - $ 100 $ 100 _ Subtotal $ - $ 100 $ 100 Capital Outlay 6402 Computer Equipment<$5,000 $ - $ 12,188 $ 12,188 6410 Equipment>$5,000 - 18,750 18,750 Subtotal $ - $ 30,938 $ 30,938 Transfers-9001 -581 9101 Transfer to General Fund $ 205,759 $ 205,759 Subtotal $ - $ 205,759 $ 205,759 Total Building Fund Expenditures $ - $ 3,362,500 $ 3,362,500 SchoolCharter High Revenues Transfer/Debt Proceeds 3811001 From General Fund $ - $ 56,477 $ 56,477 $ 56,477 $ 56,477 Non-Revenue 3999000 Carryover $ - $ 18,523 $ 18,523 Subtotal $ $ 18,523 $ 18,523 Total Charter High School Construction Fund Revenues $ - $ 75,000 $ 75,000 SchoolCharter High SchoolExpenditures Charter .i i Capital Outlay 6208 Buildings/High School Construction $ - $ 75,000 $ 75,000 Subtotal $ $ 75,000 $ 75,000 Total Charter High School Construction Fund Expenditures $ - $ 75,000 $ 75,000 Police • i Revenues Charges for Services 3421100 Police Detail Billing $ 550,000 $ (550,000) $ - Subtotal $ 550,000 $ (550,000) $ - Total Police Offduty Services Fund Revenues $ 550,000 $ (550,000) $ - Police • i Expenditures Public Safety ii Personal Services 1420 Extra Duty Detail $ 550,000 $ (550,000) $ - Subtotal $ 550,000 $ (550,000) $ - Total Police Offduty Services Fund Expenditures $ 550,000 $ (550,000) $ - CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO- City Commission FROM- Ronald J Wasson, City Manager -- BY- Robert Meyers, Office of the City Attorney DATE- March 31, 2023 SUBJECT- Ordinance Amending the City Code to Create More Uniformity Among City Advisory Board Regulations April 4, 2023 City Commission Meeting Agenda (First Reading) May 2, 2023 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve amendments to the advisory board sections of the City Code to standardize some of the regulations for all advisory boards. BACKGROUND The City's advisory boards are found in Chapter 2, Article III, of the City Code and include the Community Services Advisory Board, the Arts and Cultural Center Advisory Board, the Art in Public Places Advisory Board and the Don Soffer Aventura High School Advisory Board. The City recognizes the value of receiving input from advisory boards and appreciates the commitment from those who are willing to serve the community by sitting on these boards. As the needs of the City changes, advisory boards were created to assist the City Commission and City Manager in the decision-making process and to rely on advice from its boards to take action in the best interest of the City. It should be noted that the above advisory boards were created at different times during the City's history, and up until now, the City's focus was on the establishment of specific boards, as opposed to developing a framework for all City advisory boards. At the March 16t" City Commission Workshop, the City Manager presented an analysis of the four boards, identifying some of the differences among the boards. As a result, the City Commission determined that it is in the best interest of the City to create as much uniformity as possible with respect to advisory board regulations. Consequently, the City Commission wishes to have one standard across all four boards in the areas of appointment and removal. Furthermore, this Ordinance authorizes the City Manager to appoint alternate members to each board depending on the needs of the board. Fiscal Impact This item will have no impact on the City's budget. CITY OF AVENTURA ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS" OF THE CITY OF AVENTURA CODE OF ORDINANCES TO PROVIDE MORE UNIFORMITY AMONG ADVISORY BOARD REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the "City") finds it periodically necessary to amend its Code of Ordinances (the "City Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, the City Commission desires to amend Chapter 2 "Administration," Article III "Advisory Boards" of the City Code to provide more uniformity among the four advisory boards: (1) Community Services Advisory Board; (2) Arts and Cultural Center Advisory Board; (3) Art in Public Places Advisory Board; and (4) Don Soffer Aventura High School Advisory Board; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals Adopted. That each of the above stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Chapter 2 "Administration," Article III "Advisory Boards" of the City Code of Ordinances is hereby amended as follows-1 Chapter 2 —Administration Article III — Advisory Boards Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in effect and remain unchanged. City of Aventura Ordinance No. 2023- Division 2. — Community Services Advisory Board Sec. 2-121. — Creation, composition and qualifications. (a) There is hereby created and established the City of Aventura Community Services Advisory Board (the "Board") consisting of seven members who shall be appointed by the Mayor, subject to the approval of the City Commission. Notwithstanding the above, the City Manager is authorized to appoint alternate members upon the finding of such a need. Members of the Board shall be appointed in accordance with procedures established by the City Commission and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. (c) In the event that a member of the Board has two unexcused absences in a calendar year, then in that event such member shall be s, bjent to remodel automatically be removed as a member of the Board by the City Manager as a member of the Board by dote of two thirds of ��emoinino members of the Room! The City Manager or py--�vcc-vrc-vr� i-a�--vr cn-rva.-ro--err his designee shall provide neGessary staff support r� Rued. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. Sec. 2-122. — Term of office. Board Members shall serve for a term nfr one two-year term and may be reappointed in accordance with the process outlined herein. Division 5. —Arts and Cultural Center Advisory Board Page 2 of 9 City of Aventura Ordinance No. 2023- Sec. 2-191. — Creation, composition and qualifications. A-.Jp) There is hereby created and established the City of Aventura Arts and Cultural Center Advisory Board (the "Board") consisting of a minimum of seven and a maximum of nine members who shall be appointed by the Mayor, subject to the approval of the City Commission. Five members of the Board shall be residents of the City and the remaining members may be from within or outside the City limits. Notwithstanding the above, the City Manager is authorized to appoint alternate members upon the finding of such a need. Members of the Board shall be appointed in accordance with procedures established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. Members shall serve for a two-year term and may be reappointed in accordance with the process outlined herein. B-.Lb) The following matters shall affect the creation, composition and qualifications of the Board- (i) Each one of the five resident members of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six- month period immediately prior to the appointment, and shall not be an employee of the City. Any member of the Board who ceases to reside within the City, and has been selected as a resident appointment shall be deemed to have resigned as of the date of his or her change of residence. (ii) The remaining members shall be selected without preference to residence, but shall have resided at their residence for a continuous period of six months immediately prior to appointment. (iii) In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired Page 3 of 9 City of Aventura Ordinance No. 2023- portion of the term of the member vacating such office, subject to approval of the City Commission in accordance with procedures established herein. C=Lc) In the event that a member of the Board shall be absent and unexcused from a duly- called meeting of the Board for three two GenseGUtive meetings in a calendar year, then in that event such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. Sec. 2-192. -Appointment of Board Members process. A-.Jp) Individuals wishing to be a member of the Arts and Cultural Center Advisory Board shall make application to the City Manager on the forms provided by the City. The City Manager shall interview all applicants and make recommendation to the Mayor. The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager, subject to the approval of the City Commission. B-.Lb) In recommending members of the Board, the following guidelines shall be considered- (i) The membership of this Board should be representative of the broad spectrum of the arts and have specific experience and a strong commitment to performing arts including music, dance, the dramatic arts, the visual arts and the cultural arts. (ii) All efforts should be made for the membership of this Board to be representative of all age groups. Sec. 2-194. - Rules of procedure; quorum. A-.Jpl The Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. B-.Lb) During the first meeting of the Board and annually thereafter, the members shall elect one of their members to act as Chairperson and may elect a Vice-Chairperson, both of whom shall serve for one year and may be re-elected. Page 4 of 9 City of Aventura Ordinance No. 2023- C=Lc)Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board. Sec. 2-195. - Mission; jurisdiction and duties. A-.Jp) The Mission of the Board is to assist the City in maintaining a facility that offers a wide range of quality entertainment year-round and cultivates partnerships with other local and regional organizations to enhance the quality of life for Aventura by providing a variety of performing arts and relevant cultural programming for audiences of all ages. B-.Lb)The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and/or Arts and Cultural Center General Manager. The following matters shall be within the advisory jurisdiction of the Board: (I i) Promote the mission of the Arts and Cultural Center and broad spectrum of performing arts. (2ii) Provide input on programming options as requested by the City Manager and Arts and Cultural Center General Manager. Final programming decisions shall rest with the Arts and Cultural Center General Manager. Recommend fundraising and sponsorship opportunities and assist with the implementation of same to support the Center's operations and programming. The Board may accept donations on behalf of the Center in a manner as approved by the City Manager. (4i_v) Review policies and regulations as requested by the City Manager and Arts and Cultural Center General Manager as it relates to the Arts and Cultural Center. (5v_) Assist in the promotion of the Arts and Cultural Center programs and assist in organizing the annual "Curtains Up" event. C=Lc) The Board shall meet quarterly or more frequently as determined by the City Manager. Division 6. —Art in Public Places Advisory Board Page 5 of 9 City of Aventura Ordinance No. 2023- Sec. 2-201. — Creation, composition and qualifications. (a) There is hereby created and established the City of Aventura Art in Public Places Advisory Board (the "Board") consisting of five members that are residents of the City and appointed by the Mayor, subject to the approval of the City Commission. Notwithstanding the above, the City Manager is authorized to appoint alternate members upon the finding of such a need. The members of the Board shall be appointed in accordance with procedures established herein and shall hold office at the pleasure of the City Commission. Members of the Board shall serve on the Board without compensation and shall not be reimbursed for travel, mileage, or per diem expenses as to Board service. The members shall serve for a two-year term and may be reappointed in accordance with the process outlined herein. (c) In the event that a member of the Board shall be absent and unexcused from a duly- called meeting of the Board for three two GenseGUtiVe meetings in a calendar year, then, in that event, such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. Division 8. — Don Soffer Aventura High School Advisory Board Sec. 2-218. — Creation, composition and qualifications. (a) There is hereby created and established the Don Soffer Aventura High School Advisory Board (the "Board") consisting of seven members as follows- (1) Non-voting members. The City Manager, or his/her designee, and the Principal of the Don Soffer Aventura High School, or his/her designee, shall serve as ex officio, non-voting members. (2) Voting members. Three individuals who shall be residents of Aventura shall be appointed to the Board by the Mayor subject to approval of the City Commission for a two year term. Two members of the Board shall consist of parents of those students enrolled in the Don Soffer Aventura High School who are selected by the Page 6 of 9 City of Aventura Ordinance No. 2023- parents of the High School students, for appointment by the Mayor, subject to approval of the City Commission, for a one year term commencing September 1 and expiring on August 31 of the following year. Notwithstanding the above, the City Manager is authorized to appoint alternate members upon the finding of such a need. (d) In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three-two 2 GenseGUtiVe meetings in a calendar year or in the o„on+ that a member has two unevnUsed absennes in a six menth pe then, 'n that event., such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. 2-219. - Process for appointment of board members. (a) Individuals wishing to be a member of the Board as to the three resident positions described in section 2-218 above, shall make application to the City Manager on the forms provided for by the City. The City Commission shall in+er„iew all applinants prier to the elentien of s��nh Board members cra.ccrvTrvraa cn�vara-rrrcrrrvcrr. 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. 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 re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 7 of 9 City of Aventura Ordinance No. 2023- The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. This motion was seconded by Commissioner Bloom and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Billy Joel Yes Mayor Howard S. Weinberg 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED on first reading this 4th day of April, 2023. Page 8 of 9 City of Aventura Ordinance No. 2023- PASSED AND ADOPTED on second reading this 2nd day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 9 of 9 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Managers~_ BY- Robert Meyers, Office of the City Attorney DATE: April 28, 2023 SUBJECT: Authorizing the City to Pay Group Health Insurance Premiums Limited to Members of the City Commission While in Office May 2, 2023 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve a resolution to pay applicable health insurance premiums for elected officials who participate in the City's Group Health Insurance Plan, as long as the Commission member remains in office, and provides members of the City Commission to pay the applicable health insurance premiums and coverage deductibles for eligible dependents of elected officials who enroll in the plan. BACKGROUND The City Commission enacted Resolution No. 2017-54 to give City Commission members the choice to enroll themselves and their eligible dependents into the City's Group Health Insurance Plan at no cost to the City. Given the skyrocketing costs of health insurance and the costs associated with healthcare in general in the six years since the abovementioned Resolution was adopted, staff conducted a survey of other South Florida local governments to learn more about the salary and benefits offered to local elected officials. The survey revealed that a majority of local governments not only grant elected officials access to the government's group health insurance plan, but also pay the health insurance premiums. Health insurance is a necessity, not a luxury, and access to a group health insurance plan may result in lower premiums and better coverage for those who have access to such a plan. Covering the costs of the insurance premiums for elected officials, who devote countless hours to City business with little compensation, is fair and reasonable and consistent with the benefits other local elected officials receive from their governments. For eligible dependents of the City's elected officials, they may participate in the insurance and all applicable premiums and other costs in connection to the City's health insurance plan shall be paid by the participating elected officials. Fiscal Impact This item will have a limited impact on the City's budget as a result of the City covering the health insurance premiums for participating City Commission members. CITY OF AVENTURA RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY TO PAY APPLICABLE HEALTH INSURANCE PREMIUMS FOR ELECTED OFFICIALS PARTICIPATING IN THE CITY HEALTH INSURANCE PLAN; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution No. 2017-54 authorized each member of the City Commission to join the City's Group Health Insurance Plan ("Health Plan") provided that any elected official who joins the Health Plan must personally pay all insurance premiums and coverage deductibles for such elected official and their eligible dependents; and WHEREAS, health care insurance costs continue to escalate, affordable health insurance is considered a necessity, and participation in a group health insurance plan offers individuals an opportunity to pay lower premiums and receive better coverage; and WHEREAS, a survey of South Florida municipalities indicates that the pay and benefits packages offered to elected officials generally includes coverage of their health insurance premiums; and WHEREAS, the City Commission authorizes the City Manager to pay Health Plan insurance premiums solely for the members of the City Commission limited to the official's term(s) in office; and WHEREAS, the City will assume no cost for the insurance premiums and coverage deductibles for eligible dependents of elected officials who enroll in the plan, except the City will provide the same offset of insurance premiums for such dependents identical to the offset available to dependents of City employees; and WHEREAS, the City Commission finds that this Resolution conforms with all applicable laws, enhances health, safety and welfare, and is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals Adopted. That the above-stated recitals are hereby confirmed and adopted. Section 2. Participation. That each elected official who chooses to join the Health Plan will have his/her applicable health insurance premiums paid for by the City and may remain in the Health Plan for so long as the elected official serves on the City City of Aventura Resolution No. 2023- Commission. Further, the payment of all applicable insurance premiums and coverage deductibles for eligible dependents are the primary responsibility of the elected official, with the understanding that the City will make the same contribution to offset the costs of the premiums for dependents of elected officials as it does for dependents of City employees. Section 3. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Resolution. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of May, 2023. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2