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05-07-2024 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 7, 2024 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel 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 7, 2024 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: • Legislative Update — Senator Jason Pizzo • Proclamations • Special Recognitions • Employee Service Awards 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • April 2, 2024 City Commission Regular Meeting • April 18, 2024 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 ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO-YEAR TERM;AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CONTINUING PROFESSIONAL SERVICES AGREEMENT WITH VARIOUS CONSULTANTS FOR ARCHITECTURAL AND ENGINEERING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-11-01 CONTINUING PROFESSIONAL SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 3 Aventura City Commission Regular Meeting Agenda May 7, 2024 E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING SFM LANDSCAPE SERVICES, LLC FOR COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES FOR BISCAYNE BOULEVARD AND THE GOVERNMENT CENTER PURSUANT TO REQUEST FOR PROPOSALS NO. 2024-1-1 IN AN AMOUNT NOT TO EXCEED $494,871.85 ANNUALLY FOR AN INITIAL TERM OF THREE YEARS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO ALPHA PLAYGROUNDS TO PERFORM A"POUR IN PLACE" RUBBER SAFETY RESURFACING ON THE PLAYGROUNDS AT FOUNDERS PARK AND PEACE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SEAWATER CONSTRUCTION CORP. TO REPLACE AND ADD FENCING AT FOUNDERS PARK, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR 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 APPLY FOR A MATCHING FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM GRANT IN THE AMOUNT OF $877,316 TO EXPAND THE CITY'S ON-DEMAND TRANSIT SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 8. ORDINANCES — FIRST READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," BY REPEALING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 9. ORDINANCES — SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-22 "URINATING OR DEFECATING IN PLAIN VIEW IN PUBLIC PLACES PROHIBITED"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS/PUBLIC INPUT: None. 11. REPORTS • Scooters (Mayor Weinberg) Page 2 of 3 Aventura City Commission Regular Meeting Agenda May 7,2024 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 16,2024 AT 9 AM COMMISSION REGULAR MEETING—JUNE 4,2024 AT 6 PM COMMISSION REGULAR WORKSHOP—JUNE 13,2024 AT 9 AM This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com. Page 3 of 3 CITY OF "ENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: May 3, 2024 SUBJECT: Approval of Minutes May 7, 2024 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 as listed below. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • April 2, 2024 City Commission Regular Meeting • April 18, 2024 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES APRIL 2, 2024 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 6:06 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, 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 Aventura City of Excellence School (ACES) Girls Volleyball Team. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Proclamations: El Portal Mayor Omarr C. Nickerson, Ph.D. presented Commissioner Stern with a proclamation for Colorectal Cancer Awareness Month (March 2024). A public service announcement from the Aventura City Commission regarding colorectal cancer awareness was viewed. A proclamation was presented to Aventura resident Barbara Cohen designating National Therapy Animal Day (April 30, 2024). • Special Recognitions: A Certificate of Special Recognition was presented to ACES student James Reese for placing third in the 2024 Miami Herald Spelling Bee. A Certificate of Special Recognition and medals were presented to the (ACES) Girls Volleyball Team and Coach Monique Alfonso for achieving an undefeated season in 2023 for the first time in the school's history. • Employee Service Awards: None. • Charter School Update: A brief update for the Don Soffer Aventura High School (DSAHS) was provided by Principal Dr. Geoff McKee, accompanied Aventura City Commission Regular Meeting Minutes April 2, 2024 by student Saniya Dhawan, and drama student Julia Lima performed a song from the school's production of West Side Story. • Other Presentations: Retired Aventura Officer David Yuzuk and author of The Giant Killer (book and documentary) provided a presentation on the life of homeless veteran and decorated hero Richard Flaherty. 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 Commissioner Friedland, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: APPROVAL OF MINUTES: • March 5, 2024 City Commission Regular Meeting • March 21 , 2024 City Commission Regular Workshop B. Resolution No. 2024-19 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: A MOTION AUTHORIZING THE APPROPRIATION OF UP TO$7,550.98 FOR SCANWRITER EXCEL STANDARD WORKSTATION PLUS MAINTENANCE AND $75,000.00 FOR PACKETALK DIESEL CAMERA AND ALPR TRAILER WITH 5-YEAR WARRANTY FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. Resolution No. 2024-20 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING VARIOUS CONSULTANTS PURSUANTTO REQUEST FOR QUALIFICATIONS NO. 2023-11-01 CONTINUING PROFESSIONAL SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2024-21 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MASTER MAINTENANCE AGREEMENT FOR WAYFINDING KIOSK DEVICES WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE INSTALLATION OF OUTDOOR DIGITAL MESSAGE BOARD KIOSKS WITHIN Page 2 of 4 Aventura City Commission Regular Meeting Minutes April 2, 2024 THE CITY OF AVENTURA; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. F. Motion approved as follows: A MOTION TO ACCEPT FOR FILING OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2023 AND THE LETTER DATED MARCH 21, 2024 ATTACHED HERETO AS ATTACHMENT A. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCE — FIRST READING/PUBLIC HEARING: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-22 "URINATING OR DEFECATING IN PLAIN VIEW IN PUBLIC PLACES PROHIBITED"; PROVIDING FOR CONFLICTS; 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 Vice Mayor Kruss. Mr. Wasson reviewed the item. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2023-17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2023/2024 FISCAL YEAR BY REVISING THE 2023/2024 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Bloom. Mr. Wasson reviewed the item. Page 3 of 4 Aventura City Commission Regular Meeting Minutes April 2, 2024 Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion for approval of the Ordinance passed unanimously by roll call vote, and Ordinance No. 2024-06 was adopted. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS: Reports were provided by members of the City Commission as follows: Commissioner Bloom reported on the cover story of City Manager Ronald Wasson in the Miami Today newspaper. 11. PUBLIC COMMENTS: Comments were provided by the following members of the public: Andrew Vilenchik (unknown address) and Tatiana Roizer (18360 NE 301h Court, Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Bloom, seconded by Commissioner Joel, and unanimously approved; thus, adjourning the meeting at 7.14 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 7, 2024. Page 4 of 4 AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES APRIL 18, 2024 9:00 a.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 11 :37 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel', 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 done at the Governing Board Meeting. Items 4 and 5 were taken out of order as follows: Item 4 - Discussion: Requested Variance from Rivian (City Manager) and Item 5 - Discussion: Proposed Zoning Code Amendment - New Vehicles Sales (City Manager): Mr. Wasson explained the request for a variance from Rivian Automotive, Inc. for a vehicle showroom at the Aventura Mall, similar to and near the current one for Tesla, with a positive recommendation from staff. Keven Klopp, Community Development Director, also provided a recommendation to amend the City's zoning regulations pertaining to new vehicle sales and reviewed the proposed amendment. Michael Marrero, Esq. —Turnberry Associates, reviewed the variance application request for Rivian. The City Commission discussed the item including the location at the mall and the parking spaces that would be needed for the showroom test vehicles. City Manager Summary: It was the consensus of the City Commission to proceed with placing the variance request on the May City Commission Meeting Agenda. Additionally, it was the consensus of the City Commission to proceed with placing the proposed Code amendment for first reading on the June City Commission Meeting Agenda or at a later date. 3. Presentation: Charter Schools USA (City Manager): Mr. Wasson discussed the two current separate management agreements with Charter Schools USA for 1 .) the 'Participated via virtual communications media teclmology. Aventura City Commission Regular Workshop Minutes—April 18, 2024 Aventura City of Excellence School (ACES) and 2.) the Don Soffer Aventura High School (DSAHS). He suggested that the agreements be unified into one management agreement with Charter Schools USA to encompass both schools for a cohesive K-12 school system. The City Commission discussed the item including the thought to have a full-time superintendent or similar position once the City established three schools (K-5, middle school, and high school), having one management agreement modeled similar to the current one with the high school, and for the Governing Board and City Manager to have input on the selection of the Principals at the schools as part of the new combined agreement. Jon Hage (CEO — CSUSA), accompanied by Rachel Windler-Freitag (Area 2 Florida Deputy Director - CSUSA), reviewed a presentation titled City of Aventura Commission Workshop dated April 18, 2024 highlighting the following: National Trends in Education, School Choice Market in Florida, CSUSA's Highlights, National College/University Admissions Trends, 2023 Don Soffer College Admission Data, DSAHS Data, Don Soffer Academic Highlights, Don Soffer SAT 2023 Data, ACES Data, ACES Math Historical Data Alignment to High School Model, ACES Middle School Acceleration, Future Expansion and Development, Option A, Option B, Preliminary Site Plan — Alt A (Red Apple Development, LLC), Option C, Ariel View of ACES, and Summary. Scott Woodrey (President — Red Apple Development), distributed and reviewed a program analysis including preliminary site plans and elevations for the options. Mr. Hage and Mr. Woodrey recommended Option C, which included building a new K-5 school and not renovating the current one. The City Commission discussed the item including finalizing the agreement for the three acres at Gulfstream before any decisions are made, having all schools at one campus versus different locations, tour of other CSUSA schools, future plans of Gulfstream, K-5 at the current location with renovations or a new building, renovating the recreation center, selling a portion of the ACES property, potential State money available, flipping ACES and the recreation center, and a preliminary budget. City Manager Summary: It was the consensus of the City Commission to proceed with one management agreement with Charter Schools USA for both schools. Additionally, it was the consensus for Charter Schools USA to come back with a needs assessment and demand data. 4. Discussion: Requested Variance from Rivian (City Manager): This item was taken out of order earlier in the meeting. 5. Discussion: Proposed Zoning Code Amendment - New Vehicles Sales (City Manager): This item was taken out of order earlier in the meeting. 6. Discussion: Red Speed School Zone Cameras (City Manager): Mr. Wasson reported on the plans to piggyback on the contract that Miami-Dade County signed with RedSpeed for the installation of school zone cameras for speed detection and ticketing within school zones . Page 2 of 4 Aventura City Commission Regular Workshop Minutes—April 18, 2024 Mr. Meyers disclosed that the Weiss Serota law firm represents RedSpeed. City Manager Summary: This item was provided for informational purposes. 7. Discussion: Billboard Approval 203 Total Wine Parking Lot (City Manager): Mr. Wasson explained the request from Clear Channel to move a billboard (located at Biscayne Blvd. and N.E. 203 Street) to the other side of the street, due to its removal after the expansion of the Brightline tracks, which also resulted in the loss of revenue to the City. The City Commission discussed the item including the assurance of a good termination clause in the contract, looking for other strategic locations for possible additional billboards, and using the billboards to promote the City as allowed by the current contracts. Evan Ross, Communications Director, provided input on the City items that were posted on the billboards. Mr. Meyers will provide guidance on items placed on the billboard. City Manager Summary: It was the consensus of the City Commission to allow the billboard to be moved to the other side of the street. 8. Discussion: Sister City with Modi'in (Mayor Weinberg): Mayor Weinberg reported that a City Commission Special Meeting would tentatively be scheduled for May 24, 2024 at 10:00 a.m. for the resolution approving the sister city agreement with Modi'in, including a signing ceremony, and dedication of the ambulance to be donated by the City. Mr. Meyers, Mr. Wasson, and Mr. Ross reported on the items that they were working on for the ceremony. City Manager Summary: This item was provided for informational purposes. The following additional items were discussed: Mr. Meyers provided an update on the upcoming April 22, 2024 hearing for injunctive relief for the litigation regarding Form 6 for members of the City Commission. Mr. Meyers reported on the upcoming MDCLC Webinar to be held on May 14, 2024. Mayor Weinberg reported on complaints received regarding the use of E-bikes and scooters on sidewalks causing accidents and the need for enforcement to address that. Mr. Meyers discussed the legal issues regarding jurisdiction, the response from Key Biscayne due to a fatality, the County passing an ordinance allowing cities to enter into an interlocal agreement to enable them to pass something for a County road, and the ability for the City to enforce the Soffer Trail since it is a City road. Michael Bentolila, Police Chief, discussed the enforcement blitzes that were being conducted and the resulting citations, arrests, and confiscated scooters. Page 3 of 4 Aventura City Commission Regular Workshop Minutes—April 18, 2024 The City Commission discussed the item and the need for an educational process including signs, flyers, and a video on social media. Chief Bentolila reported on the police presence at 185th Street in response to complaints about speeders. He will also address the report of the reduction of turning lanes at 199th Street going south on Biscayne Boulevard. Mr. Wasson will look into including a battle of local bands as part of the concert series. The following member of the public provided comments: Debbie Lazar (Aventura). 9. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 1 .53 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 7, 2024. Page 4 of 4 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager er DATE: May 3, 2024 SUBJECT: Resolution Declaring Property as Surplus May 7, 2024 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 CC04015-24 CITY OF AVENTURA RESOLUTION NO. 2024- 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. 2024- PASSED AND ADOPTED this 7t" day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager F.. r FROM: Carlos Fernandez, Information Technology Director DATE: April 25, 2024 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 the City uses have minimum hardware, operating system, and/or software requirements that computing equipment must meet or exceed. If existing equipment cannot satisfy those requirements, 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 Fujitsu Fi-6130 1 126789 Scanner Dell E2715Hf 1 CN-OHCVNY-72872 Monitor Dell Latitude 5400 1 C4Z1 L13 Laptop APC Pro 700 5 n/a UPS Dell Ready Rails 1 n/a Rails Dell P2011 Ht 1 CN-OYR64P-74445-18B-AVWL Monitor HP Officjet Pro 6230 1 TH6BS610Q6 Printer HP officjet Pro 8210 1 CN18AJTOG9 Printer Dell 2209WAf 1 n/a Monitor Dell E170Sb 1 CN-OJCT73-74261-27L-OVAU Monitor Dell 2009Wt 1 CN-OG433H-74445-986-AK5L Monitor Verizon n/a 1 LTE Internet and Home phone Sanus n/a 15 n/a Sound bar bracket Dell 207FPb 1 MX-OC9536-46634-66K-29DS Monitor Dell 2009Wt 1 CN-OG433H-74445-986-AK6L Monitor Dell 2007FPb 1 MX-OG324H-74262-8BP-3EWL Monitor Dell 1908WFPf 1 CN-0G435H-72872-872-0T4S-A00 Monitor Dell PowerEdge R620 1 55TX9Y1 Server Dell PowerEdge R620 1 565X9Y1 Server Dell PowerEdge R630 1 GP6WD42 Server Dell PowerEdge R620 1 565X9Y1 Server Dell n/a 1 USU44700WW Desktop HP 1530 1 n/a Monitor Motorola F2840A 1 524SFG0315 Gateway unit Dell Oltrium 1 110T5369X31 PowerVault HP 502A 1 Q6473A Toner Motorola n/a 1 164316557568 Gateway unit US Robotics 5615 1 n/a Modem ACOM Solutions 2349 1 n/a Toner n/a n/a 4 n/a Misc. Box of Cables Dell PowerConnect 2124 1 924NC21 Switch HP OfficeJet 250 1 2824128321 Printer Barracuda 330 1 BAR-WB-688652 Link Balancer Toshiba A665 1 YA310385K Laptop Dell OptiPlex 2010 1 FZ6X6Y1 Desktop Dell P1916 1 CN-ODTOPH-85261-36D-54HU Monitor Dell P1916 1 CN-ODTOPH-74261-36D-4HMU Monitor Dell P1916 1 CN-ODTOPH-74261-36D-554U Monitor EOL n/a 1 Al2L033586 Monitor Netopia 3346N 1 n/a Modem EOL n/a 1 L11 L055512 Monitor Avaya one-X 1 SBM24 Button Module ScanSnap iX1500 1 C08H125114 Scanner ScanSnap iX1501 1 AOVB101310 Scanner Toshiba n/a 1 39445717Q Laptop Dell E170SB 1 OJCT73-7426127k-1T2U Monitor Dell E170SB 1 OJCT73-7426127k-OJUE Monitor ScanSnap iX500 1 A13BC16564 Scanner Dell OptiPlex 7060 1 CMX5PY2 Desktop Dell OptiPlex 7060 1 CD3QQ53 Desktop Dell OptiPlex 7060 1 HFGYNY2 Desktop Page 1 of 4 4/25/2024 City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type jH 4446C2792 Optiplex 7060 1 CN3YNY2 Desktop ex 7040 1 5NKLRD2 Desktop ex 7060 1 CMTZNY2 Desktop ex 7050 1 3YRTJK2 Desktop t Pro 6230 1 TH77E6ROGG Printer 2 - e4d 1 10AAOCT Server IBM9406-520 1 10-D227F Server IBMPower S914 1 7810580 Server IBM 1 YN1F9589JLS9 Tape Drive Dell 17O8FPb 1 CN-OFP816-46633-760-SFWL Monitor ioSafe 1515+ 1 0172001362 Storage Unit Datrium 0016B 1 SHF1028153G0070 Storage Unit Overland Storage AW178A 1 MXA930S02F Tape Drive Carousel Dell Latitude 6430U 1 1T2C4X1 Laptop n/a n/a 81 n/a Classroom Clock n/a n/a 24 n/a Ceiling Speakers Dell OptiPlex 7060 1 D6Y4KQ2 Desktop Dell OptiPlex 7060 1 BT9PKB2 Desktop Dell OptiPlex 7060 1 DR9BFX2 Desktop Dell OptiPlex 7060 1 D6X9KQ2 Desktop Dell OptiPlex 7060 1 D7FBKQ2 Desktop Dell OptiPlex 7060 1 BTCJKB2 Desktop Dell OptiPlex 7060 1 D6X5KQ2 Desktop Dell OptiPlex 7060 1 DR35FX2 Desktop Dell OptiPlex 7060 1 DR67FX2 Desktop Dell OptiPlex 7060 1 D748KQ2 Desktop Dell OptiPlex 7060 1 D6T9KQ2 Desktop Dell OptiPlex 7060 1 D7C6KQ2 Desktop Dell OptiPlex 7060 1 D6Z3KQ2 Desktop Dell OptiPlex 7060 1 D7G4KQ2 Desktop Dell OptiPlex 7060 1 D716KQ2 Desktop Dell OptiPlex 7060 1 D7F6KQ2 Desktop Dell OptiPlex 7060 1 D7K3KQ2 Desktop Dell OptiPlex 7060 1 D7C9KQ2 Desktop Dell OptiPlex 7060 1 D6W6KQ2 Desktop Dell OptiPlex 7060 1 D6T4KQ2 Desktop Dell OptiPlex 7060 1 D726KQ2 Desktop Dell OptiPlex 7060 1 D7F3KQ2 Desktop Dell OptiPlex 7060 1 D793KQ2 Desktop Dell OptiPlex 7060 1 D796KQ2 Desktop Dell OptiPlex 7060 1 D707KQ2 Desktop Dell OptiPlex 7060 1 D7G8KQ2 Desktop Dell OptiPlex 7060 1 D737KQ2 Desktop Dell OptiPlex 7060 1 D79BKQ2 Desktop Dell OptiPlex 7060 1 D777KQ2 Desktop Dell OptiPlex 7060 1 D774KQ2 Desktop Dell OptiPlex 7060 1 D734KQ2 Desktop Dell OptiPlex 7060 1 D7H8KQ2 Desktop Page 2 of 4 4/25/2024 City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type Dell OptiPlex 7060 1 D6ZCKQ2 Desktop Dell OptiPlex 7060 1 D7H5KQ2 Desktop Dell OptiPlex 7060 1 D7J3KQ2 Desktop Dell OptiPlex 7060 1 D7C8KQ2 Desktop Dell OptiPlex 7060 1 D788KQ2 Desktop Dell OptiPlex 7060 1 D74CKQ2 Desktop Dell OptiPlex 7060 1 D77CKQ2 Desktop Dell OptiPlex 7060 1 D6Z7KQ2 Desktop Dell OptiPlex 7060 1 D70CKQ2 Desktop Dell OptiPlex 7060 1 D6Y8KQ2 Desktop Dell OptiPlex 7060 1 D7BCKQ2 Desktop Dell OPTIPLEX 7040 1 178MGK2 Desktop Dell OPTIPLEX 7040 1 17NLGK2 Desktop Dell OPTIPLEX 7040 1 17HNGK2 Desktop Dell OPTIPLEX 7040 1 179RGK2 Desktop Dell OPTIPLEX 7040 1 179PGK2 Desktop Dell OPTIPLEX 7040 1 17CRGK2 Desktop Dell OPTIPLEX 7040 1 17JRGK2 Desktop Dell OPTIPLEX 7040 1 178RGK2 Desktop Dell OPTIPLEX 7040 1 177MGK2 Desktop Dell OPTIPLEX 7040 1 17DSGK2 Desktop Dell OPTIPLEX 7040 1 176SGK2 Desktop Dell OPTIPLEX 7040 1 17HRGK2 Desktop Dell OPTIPLEX 7040 1 17FSGK2 Desktop Dell OPTIPLEX 7040 1 17MLGK2 Desktop Dell OPTIPLEX 7040 1 17BPGK2 Desktop Dell OPTIPLEX 7040 1 17DPGK2 Desktop Dell OPTIPLEX 7040 1 17HMGK2 Desktop Dell OPTIPLEX 7040 1 17LSGK2 Desktop Dell OPTIPLEX 7040 1 17KQGK2 Desktop Dell OPTIPLEX 7040 1 178SGK2 Desktop Dell OPTIPLEX 7041 1 17NNGK2 Desktop Dell OPTIPLEX 7042 1 179MGK2 Desktop Dell OPTIPLEX 7043 1 17GQGK2 Desktop Dell Chromebook 3100 2-in-1 1 DW4P1X2 Chromebook Dell Chromebook 3100 2-in-1 1 BKB2573 Chromebook Dell Chromebook 3100 2-in-1 1 JTN6163 Chromebook Dell Chromebook 3100 2-in-1 1 G7XK1X2 Chromebook Dell Chromebook 3100 2-in-1 1 6WZ5163 Chromebook Dell Chromebook 3100 2-in-1 1 5K51573 Chromebook Dell Chromebook 3100 2-in-1 1 GHY0573 Chromebook Dell Chromebook 3100 2-in-1 1 4K3CZW2 Chromebook Dell Chromebook 3100 2-in-1 1 8BPM1X2 Chromebook Dell Chromebook 3100 2-in-1 1 6TGJ1X2 Chromebook Dell Chromebook 3100 2-in-1 1 4FGL1X2 Chromebook Dell Chromebook 3100 2-in-1 1 FR2L1X2 Chromebook Dell Chromebook 3100 2-in-1 1 5KTL1X2 Chromebook Dell Chromebook 3100 2-in-1 1 3NCK1X2 Chromebook Dell Chromebook 3100 2-in-1 1 HX1 GZW2 Chromebook Dell Chromebook 3100 2-in-1 1 9BHX1X2 Chromebook Dell Chromebook 3100 2-in-1 1 7JKW1X2 Chromebook Page 3 of 4 4/25/2024 City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type Dell Chromebook 3100 2-in-1 1 JXML1X2 Chromebook Dell Chromebook 3100 2-in-1 1 5WNX1X2 Chromebook Dell Chromebook 3100 2-in-1 1 G0BX1X2 Chromebook Dell Chromebook 3100 2-in-1 1 64WX1X2 Chromebook Dell Chromebook 3100 2-in-1 1 1XX22X2 Chromebook Dell Chromebook 3100 2-in-1 1 26X1573 Chromebook Dell Chromebook 3100 2-in-1 1 FCS0573 Chromebook Dell Chromebook 3100 2-in-1 1 DSPQZ53 Chromebook Dell Chromebook 3100 2-in-1 1 JPY0573 Chromebook Dell Chromebook 3100 2-in-1 1 G8K1573 Chromebook Dell Chromebook 3100 2-in-1 1 JRCH1X2 Chromebook Dell Chromebook 3100 2-in-1 1 36WX1X2 Chromebook Dell Chromebook 3100 2-in-1 1 5XCW1X2 Chromebook Dell Chromebook 3100 2-in-1 1 9S2L1X2 Chromebook Dell Chromebook 3100 2-in-1 1 DS2L1X2 Chromebook Dell Chromebook 3100 2-in-1 1 6131-1X2 Chromebook Dell Chromebook 3100 2-in-1 1 37BK1X2 Chromebook Dell Chromebook 3100 2-in-1 1 JWNX1X2 Chromebook Dell Chromebook 3100 2-in-1 1 FL302X2 Chromebook Dell Chromebook 3100 2-in-1 1 2C9Z1X2 Chromebook Dell Chromebook 3100 2-in-1 1 FMJK1X2 Chromebook Dell Chromebook 3100 2-in-1 1 5K4X1X2 Chromebook Dell Chromebook 3100 2-in-1 1 6VQZ1X2 Chromebook Dell Chromebook 3100 2-in-1 1 G13V1X2 Chromebook Dell Latitude 3490 1 fOjtcg2 Laptop Dell Latitude 3450 1 h34ny32 Laptop Recordex SIMPLICITYCAM 1 SC560012139 Document Camera Recordex SIMPLICITYCAM 1 SC56009372 Document Camera Recordex SIMPLICITYCAM 1 SC560012143 Document Camera Recordex SIMPLICITYCAM 1 SC130028354 Document Camera Recordex SIMPLICITYCAM 1 SC560012141 Document Camera Recordex SIMPLICITYCAM 1 SC80011287 Document Camera Recordex SIMPLICITYCAM 1 SC56009778 Document Camera Dell Monitors 44 Monitors Dell Optiplex 9020 1 G545W52 Desktop Dell Optiplex 7010 1 H1KGGX1 Desktop SHARP PN-CE701 H 1 2X036871 70" CLASS AQUOS BOARD SHARP PN-L703B 1 N/A 70" CLASS AQUOS BOARD SHARP PN-CE701 H 1 2X036881 70" CLASS AQUOS BOARD SHARP PN-CE701 H 1 OM001307 70" CLASS AQUOS BOARD SHARP PN-CE701 H 1 2X036931 70" CLASS AQUOS BOARD SHARP PN-L703B 1 N/A 70" CLASS AQUOS BOARD SHARP PN-L703B 1 N/A 70" CLASS AQUOS BOARD SHARP PN-L703B 1 N/A 70" CLASS AQUOS BOARD SHARP PN-L703B 1 N/A 70" CLASS AQUOS BOARD SHARP PN-L703B 1 N/A 70" CLASS AQUOS BOARD Page 4 of 4 4/25/2024 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: May 3, 2024 SUBJECT: Aventura Arts & Cultural Center Advisory Board Appointments May 7, 2024 City Commission Meeting Agenda Based on the direction of the City Commission at the March Commission Workshop, the attached Resolution appoints the following members to the Aventura Arts & Cultural Center Advisory Board for a two-year term: Joyce R. Forchion Becky Franco-Freifeld Lisa Horwitz Merridy Robinson Kotler Judy Scott Lotwin Rita Regev Edna Schenkel Judith Weinberg If you have any questions, please do not hesitate to contact me. RJW/act Attachment CC04014-24 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-191 of the Aventura City Code provides for the creation of the Arts and Cultural Center Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Arts and Cultural Center 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 Arts and Cultural Center Advisory Board for a term of two years, from May 2024 through May 2026: Joyce R. Forchion Becky Franco-Freifeld Lisa Horwitz Merridy Robinson Kotler Judy Scott Lotwin Rita Regev Edna Schenkel Judith Weinberg Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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. 2024- PASSED AND ADOPTED this 7t" day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 9L BY: Jake Ozyman, PE, Public Works & Transportation Director 90 611 DATE: May 3, 2024 SUBJECT: Recommendation to Execute Agreements for RFQ No. 2023-11-01 Continuing Professional Services May 7, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to execute professional service agreements with the top two (2) highest ranked firms in eight (8) categories for continuing professional services. BACKGROUND On April 2, 2024, the City Commission passed and adopted Resolution #2024-20, authorizing the City Manager to negotiate agreements. Pursuant to Florida Statute §287.055, the Consultants' Competitive Negotiation Act ("CCNA"), the staff negotiated attached agreements with each firm and determined the hourly fees fair and reasonable. JO/gf Attachments J024008 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CONTINUING PROFESSIONAL SERVICES AGREEMENT WITH VARIOUS CONSULTANTS FOR ARCHITECTURAL AND ENGINEERING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-11-01 CONTINUING PROFESSIONAL SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") issued a Request for Qualifications No. 2023-11-01 for Continuing Professional Services (the "RFQ") relating to architecture and engineering services ("Services"); and WHEREAS, the RFQ sought qualifications for the Services in eight different categories; and WHEREAS, twenty-three firms submitted their qualifications by the RFQ deadline; and WHEREAS, on March 12, 2024, an Evaluation Committee appointed by the City Manager short-listed firms and ranked the top two consultants in each of the eight different categories (collectively, the "Consultants"); and WHEREAS, on April 2, 2024, the City Commission approved Resolution No. 2024- 20, selecting the Consultants to provide the Services and authorizing the City Manager to negotiate agreements with each of the Consultants; and WHEREAS, the City Manager has negotiated the continuing professional services agreement in substantially the form attached hereto as Exhibit "A" (the "Agreement") with each of the Consultants to provide the Services in accordance with the Fee Schedules attached here to as Exhibit "B"; and WHEREAS, the City Commission desires to approve the Agreement with Consultants to provide the Services and authorize the City Manager to execute the Agreement with the Consultants; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. That the City Commission approves the Agreement in substantially City of Aventura Resolution No. 2024- the form attached hereto as Exhibit "A" and the Fee Schedules attached hereto as Exhibit «B Section 3. That the City Commission hereby authorizes the City Manager to execute agreements with the Consultants for the Services, in substantially the form attached hereto as Exhibit "A" and in accordance with the Fee Schedules attached hereto as Exhibit "B," subject to approval of the City Attorney as to form, content, and legal sufficiency. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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 7t" day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 AGREEMENT BETWEEN THE CITY OF AVENTURA AND THIS AGREEMENT (this "Agreement") is made effective as of the day of 2024 (the "Effective Date"), by and between the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation, (the "City"), and , a Florida corporation (hereinafter, the"Consultant"). WHEREAS, the City desires certain Continuing Professional Services; and WHEREAS,the Consultant will perform Continuing Professional Services on behalf of the City (the"Services"); and WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a fee for the Services; and WHEREAS, the City desires to engage the Consultant to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the City agree as follows: 1. Scone of Services. 1.1. The Consultant shall furnish the Services defined by the City's Request for Qualifications No. 2023-11-01 for Continuing Professional Services dated November 13,2023 attached hereto as Exhibit "A", Consultant's Qualification Proposal dated attached hereto as Exhibit "B", Consultant's Fee Schedule attached hereto as Exhibit "C", and are incorporated herein by reference. 1.2. The Consultant shall furnish the Services and provide deliverables for various project aspects for the City,as requested by the City and detailed in a"Statement of Work"which the City will provide the Consultant when engaging the Consultant to work on a specific Proj ect. 1.3. Prior to commencement of work on a specific Project, the Consultant will provide the City with a lump sum or an hourly not to exceed cost set forth in the Work Authorization calculated using the rates set forth on the Fee Schedule attached hereto. 1.4. If the City approves the lump sum or hourly not to exceed cost for the Project, the City will provide the Consultant with a Notice to Proceed to perform the Services set forth in the Statement of Work. Consultant acknowledges that it shall not undertake to perform any Services on any Project until it has received from the City the Notice to Proceed on such Project. Page 1 of 11 1.5. Consultant shall furnish all reports,documents,and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter "Deliverables")to the City. 1.6. The Consultant shall abide by the terms and requirements of the RFQ, as though fully set forth herein. 2. Term/Commencement Date. 2.1. The term of this Agreement shall be from the Effective Date through 3 year thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the City Manager may renew this Agreement for 2 additional 1-year periods on the same terms as set forth herein upon written notice to the Consultant. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within terms of this Agreement, unless extended by the City Manager. 3. Compnensation and Payment. 3.1. Compensation for Services provided by Consultant shall be in accordance with the approved cost set forth in the Statement of Work or the Notice to Proceed for such Project, which shall be based on the Fee Schedule attached hereto asExhibit"C". 3.2. During each Project, Consultant shall deliver an invoice to City no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant's invoice, which shall be based upon the percent complete if lump sum or on a time and materials basis if, depending on the Fee type for each task invoiced. The City shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 3.1. There will not be any fees charged to City by Consultant for travel, per diem, or subsistence expenses, or travel time,unless specifically authorized in writing in advance by City. 3.2. All required copies of documents will be furnished to City at no additional cost. 3.3. Consultant's invoices must contain the following information for prompt payment: a. Name and address of the Consultant; b. Purchase Order number; C. Contract number; d. Date of invoice; e. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers will be rejected); f. Name and type of Services; Page 2 of 11 g. Timeframe covered by the invoice; and h. Total value of invoice. Failure to include the above information will result in the delay of payment or rejection of the invoice. 4. Sub-Consultants. 4.1. The Consultant shall be responsible for all payments to any sub-Consultants and shall maintain responsibility for all work related to the Services. 4.2. Consultant may only utilize the services of a particular sub-Consultant with the prior written approval of the City Manager, which approval may be granted or withheld in the City Manager's sole and absolute discretion. 5. City's Responsibilities. 5.1. City shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the City, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 6. Consultant's Responsibilities: Representations and Warranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a Consultant under similar circumstances. If at any time during the term of this Agreement or within two (2)years from the completion of this Agreement, it is determined that the Consultant's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to City requests, the Consultant shall at Consultant's sole expense, immediately correct its Deliverables or Services. 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal,State and local laws applicable to and necessary to perform the Services for City as an independent Consultant of the City.Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first- class manner. 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized,and this Agreement is binding on Consultant and Page 3 of 11 enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of Interest. 7.1. To avoid any conflict of interest or any appearance thereof,Consultant shall not,for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the City. 8. Termination. 8.1. The City Manager,without cause,may terminate this Agreement upon five(5)calendar days' written notice to the Consultant, or immediately with cause. 8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the City Manager. 8.3. In the event of termination by the City,the Consultant shall be paid for all work accepted by the City Manager up to the date of termination,provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the City,in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 8.5. The Consultant shall have the right to terminate this Agreement for cause upon seven (7) calendar days' written notice to the City, and Consultant shall be paid all sums due under this Agreement up to the date of termination. 9. Insurance. 9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City,its officials, employees, agents,and volunteers naming the City as additional insured.Any insurance maintained by the City shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. a. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Page 4 of 11 Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of$2,000,000 each. b. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, sub-consultant or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. c. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. d. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00)per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by City and prior to commencing Services.Each certificate shall include no less than(30)thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the Services,renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the City is to be specifically included as an Additional Insured for the liability of the City resulting from Services performed by or Page 5 of 11 on behalf of the Consultant in performance of this Agreement. The Consultant's insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to the Consultant's insurance. The Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Consultant shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 11. Attorney's Fees and Waiver of Jury Trial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs,including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and employees,from and against demands,claims, losses, suits, liabilities,causes of action, judgment or damages, to the extent caused by the negligence or intentional wrongful conduct of the Consultant and persons employed or utilized by the Consultant in the performance of this Agreement. Consultant shall reimburse the City for its expenses including reasonable attorneys' fees and costs incurred arising from Consultant's negligent act or performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The City is subject to section 768.28, Florida Statutes, as may be amended from time to time. Page 6 of 11 12.3. The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery,by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County,Florida. 15. Entire Agreement/Modification/Amendment. 15.1. This writing consisting of this Agreement and the supplement supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement,unless executed with the same formality as this document. 16. Ownershin and Access to Records and Audits. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Consultant during the term of this Agreement("Work Product")belong to the City. Consultant shall promptly disclose such Work Product to the City and perform all actions reasonably requested by the City (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees to keep and maintain public records in Consultant's possession or control in connection with Consultant's performance under this Agreement.The City Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. 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 Page 7 of 11 to the City. 16.3. 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. 16.4. 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. 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the City Manager, at no cost to the City, within seven (7) days. All such records 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,the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. 16.7. 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. 16.8. Notice Pursuant to Section 119.0701(2)(a). Florida Statutes, IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Ellisa L. Horvath,MMC Mailing address: 19200 West Country Club Drive Aventura, FL 33180 Telephone number: 305-466-8901 Email: horvathl(a),cityofaventura.com 17.Nonassignabili . This Agreement shall not be assignable by Consultant unless such assignment is first approved by the City Manager. The City is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the City's area, circumstances and desires. 18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each Page 8 of 11 remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. Independent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership,association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation,breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute),notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts, In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto,the terms of this Agreement shall control. 27. E-Verify Affidavit.In accordance with Section 448.095,Florida Statutes,the City requires all Consultants doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Page 9 of 11 The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit: https://www.everify.gov/faq/how-do-i-provide-proof-of-my- participationenrollment-in-e-verify. By entering into this Agreement, the Consultant acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E- Verify requirements imposed by Section 448.095,Florida Statutes,including but not limited to obtaining E-Verify affidavits from sub-consultants; and has executed the required affidavit attached hereto and incorporated herein. [Remainder of page intentionally left blank. Signature pages follow.] Page 10 of 11 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year as first stated above. CITY OF AVENTURA By: Ronald J. Wasson City Manager Attest: Approved as to legal form: By: By: Ellisa L. Horvath,MMC City Attorney City Clerk CONSULTANT By: Printed Name: Title: Date: Page 11 of 11 Fee Schedule Consultant: CES Consultants, Inc. Role Rate Admin/Secretary/Clerical $ 72.50 Construction Manager $ 220.00 Contract Manager $ 205.00 Cost Estimator/Scheduler $ 205.00 Engineer $ 166.00 Inspector $ 100.00 Principal $ 275.00 Project Engineer $ 118.00 Project Manager $ 209.00 Senior Construction Manager $ 240.00 Senior Contract Manager $ 255.00 Senior Cost Estimator/Scheduler $ 260.00 Senior Engineer $ 235.00 Senior Inspector $ 107.00 Senior Project Manager $ 225.00 Technical Expert(PMIS, Construction/Project Management) $ 300.00 Fee Schedule Consultant: Chen Moore and Associates, Inc. Role Rate Admin/Secretary/Clerical $ 95.00 Associate Engineer $ 130.00 Associate Landscape Architect $ 110.00 Associate Planner $ 90.00 CADD/Computer Technician $ 100.00 Designer $ 120.00 Engineer $ 115.00 Engineering Intern $ 70.00 Engineering Technician $ 100.00 Inspector $ 100.00 Landscape Architect $ 110.00 Landscape Architect Intern $ 70.00 Landscape Designer/Landscape Planner $ 107.00 Planner/Urban Designer $ 90.00 Principal $ 275.00 Principal Engineer $ 275.00 Principal Landscape Architect $ 225.00 Principal Planner $ 240.00 Project Engineer $ 166.00 Project Landscape Architect $ 125.00 Project Manager $ 190.00 Project Planner/Urban Designer $ 100.00 Scientist $ 90.00 Senior Designer $ 160.00 Senior Engineer $ 210.00 Senior Engineering Technician $ 110.00 Senior Environmental Specialist $ 160.00 Senior Inspector $ 107.00 Senior Landscape Architect $ 165.00 Senior Planner/ Senior Urban Designer $ 140.00 Senior Scientist $ 150.00 Fee Schedule Consultant: CTS Engineering, Inc. Role Rate Survey_2 Person SUE Crew $ 200.00 Survey_2 Person Survey Crew $ 185.00 Survey_3 Person SUE Crew $ 275.00 Survey_3 Person Survey Crew $ 260.00 Survey_4 Person SUE Crew $ 350.00 Survey_4 Person Survey Crew $ 320.00 Survey_Chief Surveyor $ 245.00 Survey_Crew Chief $ 92.00 Survey_Instrument Operator $ 70.00 Survey_Laser Scan/Specialty Survey Crew $ 350.00 Survey_Mobile Survey Analyst $ 92.00 Survey_Mobile Survey Analyst Senior $ 115.00 Survey_Mobile Survey Operator $ 133.00 Survey_Proj ect Manager $ 194.00 Survey_Rod Person $ 56.00 Survey_Senior Surveyor $ 194.00 Survey_SUE Technician Entry $ 62.00 Survey_SUE Technician Junior $ 78.00 Survey_SUE Technician Senior $ 103.00 Survey_Survey/GIS/SUE Analyst Junior $ 87.00 Survey_Survey/GIS/SUE Analyst Senior $ 138.00 Survey_Surveyor $ 147.00 Survey_UAS Operator $ 108.00 Utility Coordinator $ 112.00 Fee Schedule Consultant: GIT Consulting, LLC Role Rate Admin/Secretary/Clerical $ 90.00 CADD/Computer Technician $ 100.00 Designer $ 125.00 Engineer $ 150.00 Engineering Intern $ 100.00 Environmental Specialist $ 106.00 GIS Specialist/BIM Specialist $ 130.00 Inspector $ 100.00 Principal $ 250.00 Project Engineer $ 166.00 Project Manager $ 200.00 Project Planner/Urban Designer $ 170.00 Senior Designer $ 160.00 Senior Engineer $ 200.00 Senior Inspector $ 107.00 Senior Scientist $ 150.00 Fee Schedule Consultant: KCI Technologies,Inc. Role Rate Admin/Secretary/Clerical $ 95.00 CADD/Computer Technician $ 108.00 Engineer $ 140.00 Engineering Intern $ 125.00 Inspector $ 100.00 Landscape Architect $ 144.00 Landscape Architect Intern $ 115.00 Landscape Designer/Landscape Planner $ 107.00 Landscape Inspector $ 103.00 Project Engineer $ 166.00 Project Landscape Architect $ 160.00 Project Manager $ 190.00 Senior Engineer $ 165.00 Senior Inspector $ 107.00 Senior Landscape Architect $ 192.00 Senior Project Engineer $ 235.00 Senior Project Manager $ 225.00 Survey_2 Person Survey Crew $ 185.00 Survey_3 Person Survey Crew $ 260.00 Survey_Field Crew Supervisor II $ 135.00 Survey_Laser Scan/Specialty Survey Crew $ 350.00 Survey_Mobile Survey Analyst $ 92.00 Survey_Senior Surveyor $ 194.00 Survey_Surveyor $ 147.00 Survey_UAS Operator $ 108.00 Fee Schedule Consultant: Kimley-Horn and Associates, Inc. Role Rate Admin/Secretary/Clerical $ 85.00 CADD/Computer Technician $ 108.00 Designer $ 125.00 Engineer $ 150.00 Engineering Intern $ 125.00 Engineering Technician $ 100.00 Environmental Specialist $ 106.00 GIS Specialist/BIM Specialist $ 131.00 Graphic Designer $ 115.00 Hydrogeologist $ 175.00 Inspector $ 100.00 Landscape Architect $ 144.00 Landscape Architect Intern $ 115.00 Landscape Designer/Landscape Planner $ 107.00 Landscape Inspector $ 103.00 Planner/Urban Designer $ 115.00 Principal $ 275.00 Project Engineer $ 166.00 Project Landscape Architect $ 160.00 Project Manager $ 225.00 Project Planner/Urban Designer $ 165.00 Senior Designer $ 150.00 Senior Engineer $ 235.00 Senior Engineering Technician $ 115.00 Senior Environmental Specialist $ 160.00 Senior Hydrogeologist $ 185.00 Senior Inspector $ 107.00 Senior Landscape Architect $ 192.00 Senior Planner/ Senior Urban Designer $ 188.00 Senior Project Manager $ 225.00 Senior Scientist $ 150.00 Fee Schedule Consultant: R.E. Chisholm Architects, Inc. Role Rate Admin/Secretary/Clerical $ 70.00 Architect $ 105.00 CADD/Computer Technician $ 90.00 Designer $ 95.00 Engineer $ 95.00 Planner/Urban Designer $ 155.00 Principal $ 255.00 Project Architect $ 175.00 Project Engineer $ 155.00 Project Manager $ 125.00 Project Planner/Urban Designer $ 125.00 Senior Architect $ 155.00 Senior Designer $ 155.00 Senior Engineering Technician $ 140.00 Senior Planner/ Senior Urban Designer $ 155.00 Fee Schedule Consultant: The Corradino Group, Inc. Role Rate Admin/Secretary/Clerical $ 95.00 Designer $ 125.00 Engineer $ 160.00 Engineering Intern $ 120.00 Engineering Technician $ 100.00 Planner/Urban Designer $ 115.00 Principal $ 275.00 Project Manager $ 225.00 Project Planner/Urban Designer $ 170.00 Public Information Officer $ 110.00 Senior Designer $ 159.00 Senior Engineer $ 235.00 Senior Engineering Technician $ 115.00 Senior Planner/ Senior Urban Designer $ 188.00 Senior Principal $ 350.00 Senior Project Engineer $ 250.00 Senior Public Information Officer $ 130.00 Fee Schedule Consultant: Zyscovich, LLC Role Rate Admin/Secretary/Clerical $ 95.00 Architect $ 150.00 Architect Intern $ 103.00 CADD/Computer Technician $ 107.00 Contract Manager $ 205.00 Designer $ 125.00 GIS Specialist/BIM Specialist $ 131.00 Planner/Urban Designer $ 100.00 Principal $ 275.00 Project Architect $ 195.00 Project Manager $ 175.00 Project Planner/Urban Designer $ 150.00 Senior Architect $ 195.00 Senior Planner/ Senior Urban Designer $ 188.00 Senior Project Manager $ 225.00 CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Jake Ozyman, PE, Public Works & Transportation Director C)IO DATE: May 3, 2024 SUBJECT: Approval of Request for Proposals No. 2024-1-1 Comprehensive Landscape Maintenance Services for Biscayne Boulevard and the Government Center May 7, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to negotiate and enter into an agreement with SFM Landscape Services, LLC, the top ranked proposer for Comprehensive Landscape Maintenance Services for Biscayne Boulevard and the Government Center. The proposed agreement will be for an initial three (3) year term with two (2) optional one-year extensions. BACKGROUND The City of Aventura (the "City") issued a Request for Proposals (RFP) on January 11, 2024. The RFP was posted to the City's website and Notice Board, and DemandStar. A non-mandatory pre-bid meeting was held on January 18, 2024 for interested proposers where a bid summary was given. To qualify for the award, prospective Proposers were required to: A. Have a minimum of ten (10) years of experience in providing landscape maintenance services of similar complexity and size. B. Have been in continuous operation for a minimum of the past ten (10) years from the date of the RFP. C. Have a clean judicial record and references. D. Fully licensed with all applicable city, county, state and federal agencies. E. Demonstrate financial stability. On February 13, 2024, six (6) proposals were received from the following firms: Proposer Base Bid for Base Bid for the Total Biscayne Boulevard Government Center Arazoza Brothers Corp. $636,057.00 $27,782.00 $663,839.00 Brightview $465,000.00 $34,000.00 $499,000.00 Landscape Service $477,576.00 $27,775.00 $505,351.00 Professionals Mainguy Landscape $691,570.00 $67,882.16 $759,452.16 Services SFM Landscape Services $474,450.37 $55,734.20 $530,184.57 Superior Landscaping & $570,762.73 $69,480.00 $640,242.73 Lawn Service The Evaluation Committee was appointed by the City Manager and comprised of the following: 1. Kimberly S. Merchant, Community Services Director, City of Aventura 2. Jake Ozyman, Public Works & Transportation Director, City of Aventura 3. Angel Blanco, Public Works Superintendent, Village of Key Biscayne Procurement performed a due diligence review of the proposals and found all three responsive, with no material defects in their proposals, nor in the Proposers' qualifications. Each Proposer has been in business for more than ten years, they are appropriately licensed to do the work, and provide the requested certifications and references. Procurement did not find any issues that would indicate that any of the responsive Proposers were incapable of performing the services. The Evaluation Committee was provided with the proposals and on April 15, 2024, met to discuss, review, score and rank the proposals, and a ranking was established as follows: Evaluation Arazoza Landscape Mainguy SFM Superior Committee Brothers Brightview Service Landscape Landscape Landscaping Member Corp. Professionals Services Services & Lawn Service Kimberly Merchant 5 2 3 6 1 4 Angel Blanco 4 2 3 6 1 5 Jake Ozyman 5 2 3 6 1 4 Total 14 6 9 18 3 13 Ranking 5 2 3 6 1 4 The staff met with SFM Landscape Services, LLC, the top ranked proposer, and further discussed the bid items and negotiated cost. As a result, SFM Landscape Services, LLC has reduced their price by $35,312.72, and provided a new total bid price of$494,871.85. Based on the Evaluation Committee's ranking, it is recommended that the City Manager, execute an agreement with SFM Landscape Services, LLC in an amount not to exceed $494,871.85 annually, consistent with the SFM Landscape Services, LLC proposal attached hereto as Exhibit 'A," and subject to the City Attorney's approval as to form, content, and legal sufficiency. JO/gf Attachment J024009 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING SFM LANDSCAPE SERVICES, LLC FOR COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES FOR BISCAYNE BOULEVARD AND THE GOVERNMENT CENTER PURSUANT TO REQUEST FOR PROPOSALS NO. 2024-1-1 IN AN AMOUNT NOT TO EXCEED $494,871.85 ANNUALLY FOR AN INITIAL TERM OF THREE YEARS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") issued a Request for Proposals No. 2024-1-1 (the "RFP") for comprehensive landscape maintenance services ("Services"); and WHEREAS, six sealed proposals were received by the RFP deadline; and WHEREAS, on April 15, 2024, an Evaluation Committee appointed by the City Manager evaluated the proposals and ranked SFM Landscape Services, LLC (the "Contractor") as the highest ranked firm; and WHEREAS, the City Manager recommends that the Contractor be selected to provide the Services as further provided in the Staff Memorandum supporting this Resolution; and WHEREAS, the City Commission desires to select the Contractor to provide the Services and authorizes the City Manager to negotiate and enter into an agreement with the Contractor in an amount not to exceed $494,871.85 annually consistent with the Contractor's proposal attached hereto as Exhibit "A;" and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. That the City Commission hereby selects the Contractor for the Services. Section 3. That the City Commission hereby authorizes the City Manager, to execute an agreement with the Contractor in an amount not to exceed $494,871.85 City of Aventura Resolution No. 2024- annually, consistent with the Contractor's proposal attached hereto as Exhibit "A," and subject to the City Attorney's approval as to form, content, and legal sufficiency. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-5401-541-3450. 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 PASSED AND ADOPTED this 7t" day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 EXHIBIT B - FEE SCHEDULE The CONTRACTOR offers the following prices for providing all labor, supervision, equipment, supplies,tools,materials,and all other necessary incidentals to perform Comprehensive Landscape Maintenance Services in accordance with the scope of work. Base Bid—Biscayne Boulevard Item Description of Task Annual Total No. Al Grounds, Landscape, and Turf Maintenance $55,288.66 A2 Turf Disease and Pest Management $4,860.00 A3 Plants, Shrubs, and Ground Cover Maintenance $43,832.49 A4 Irrigation System Maintenance and Management $12,960.00 A5 Trimming and Prunning $79,632.00 • Ficus and Green Buttonwood, 6 times per year • Coconut Palms (318 count), 3 times per year • Date Palms (170 count), 2 times per year A6 Fertilization $20,000.00 A7 Litter and Debris Control $80,852.22 A8 Seasonal Color Replacement(16,800 count),4 ''/z" pot, 3 times $110,880.00 per year Sub-Total (Items Al through A8) 5408,305.37 Profit $36,747.48 Grand-Total (Sub-Total+ Profit) $445,052.85 EXHIBIT B—FEE SCHEDULE (CONTD.) Base Bid—Government Center Item Description of Task Annual Total No. B I Grounds, Landscape, and Turf Maintenance $24,200.00 B2 Turf Disease and Pest Management $811.00 B3 Plants, Shrubs, and Ground Cover Maintenance $1,944.00 B4 Irrigation System Maintenance and Management $6,480.00 B5 Trimming and Prunning $5,800.00 B6 Fertilization $1,800.00 B7 Litter and Debris Control $4,255.00 Sub-Total (Items B1 through 137) $45,290.00 Profit $4,529.00 Grand-Total (Sub-Total+ Profit) $49,819 Item Description of Task % Markup {+) or Discount(-) No. C 1 Tree and Plants(based on"Betrock's PlantFinder—Wholesale 30% Guide to Foliage and Ornamental Plants" C2 Miscellaneous building supplies and materials 20% C3 Irrigation Parts & Supplies (based on SiteOne Landscape 20% Supply Catalog: "Wholesale." C4 Chemicals& Fertilizers 20% EXHIBIT B-FEE SCHEDULE (CONT'D.) Supplemental Work- Unit Prices for Materials Item Description of Task Unit Cost per Unit No. D 1 St.Augustine"Palmetto" Sod Square foot $ 0.95 D2 Tifwa 419 Sod Square foot $ 1.05 D3 Celebration Bermuda Sod Square foot $ 1.05 D4 Zoysia Sod Square foot $ 1.15 D5 Bahia Sod Square Foot $ 0.75 D6 Spanish Gold Mulch-2 cu. Ft bag Each $ 3.00 D7 Soil-50/50 mix Cubic Yard $ 35.00 D8 Soil-80/20 mix Cubic Yard $ 45.00 D9 Annuals Mix Cubic Yard $ 85.00 D 10 Sand Cubic Yard $ 55.00 DI 1 Bio-Barrier 12" Root Barrier Linear foot $ 20.00 D12 Stump Grinding - 3-person crew plus equipment Houriv or 150.00 Supplemental Work- Unit Prices for Labor and Equipment Item Description of Task Unit Cost Per Unit Cost Per Unit No. 8:00 a.m.-4:30 p.m., All other times Mon.-Fri. El Laborer/Groundskeeper Hourly $ 35.00 $ 52.00 E2 Irrigation Helper Hourly $ 35.00 $ 52.00 E3 Irrigation Technician-Certified Hourly $ 65.00 $ 90.00 E4 Large Equipment Operator Hourly $ 50.00 $ 150.00 E5 Supervisor/Foreman Hourly $ 65.00 $ 98.00 E6 Graduate Horticulturist Hourly $ 75.00 $ 90.00 E7 Bobcat w/operator Hourly $ 110.00 $ 165.00 E8 Front end loader wloperator Hourly $ 150.00 $ 220.00 E9 18 yard dump truck w/driver Hourly S 105.00 $ 158.00 E10 75 ton crane wloperator Hourly $ 845.00 $ 1,268.00 E l 1 Work boat wloperator Hourly $ 98.00 $ 146.00 E 12 Climberltrimmer Hourly $ 65.00 $ 98.00 E 13 Chipper truck wloperator Hourly $ 110.00 $ 165.00 E 14 Bucket truck wloperator Hourly $ 150.00 $ 225.00 E 15 Water Truck w/operator Hourly S 130.00 $ 195.00 E16 Spray Technician Hourly $ 60.00 $ 90.00 EXHIBIT B—FEE SCHEDULE (CONT'D.) Additional Services Proposed by the Contractor Description of Task Unit Rate Grapple Truck w/o erator Hourly $185.00 Street Sweeper w/operator Hourly $145.00 Truck Mounted Pressure Washer w/o erator Hourly $110.00 Skidsteer Loader w/operator Hourly $125.00 Pole Cat Lift 20' Hourly $100.00 Chainsaw w/operator Hourly $55.00 Pickup Truck w/operator Hourly $50.00 ISA Certified Arborist Hourly $125.00 Illit- 4,-4n!t Ll~Z t 214 Si tur Title Date CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Kimberly S. Merchant, Community Services Director DATE: May 3, 2024 SUBJECT: Resolution to Approve the Pour in Place Rubber Safety Resurfacing of Founders Park Playground and Peace Park Playground May 7, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve a project in the amount of $182,000.00, from account #001-5001-539-46-72, to resurface the playgrounds at Founders Park and Peace Park.: This work constitutes an authorized exemption from competitive bidding under City Code Section 2-253(2)(b). BACKGROUND The playgrounds located at Founders Park and Peace Park have seen an increased use since the return to normal after COVID. Due to the high traffic and constant exposure to environmental conditions, the current surfacing has shown damage with tears and cracks. Additionally, the black colored rubber that was mixed in, due to cost effectiveness at the time, is a recycled rubber that can stain skin and clothing. The surfacing needs a 1/2 inch of a new topcoat that is 100 % color ONLY and NOT the mix of 50% recycled black and 50% color that is currently installed. By using Alpha Playgrounds for the 100% color topcoat and not a company using a state contract, the City is able to take advantage of substantial savings of$107,300.00. KSM CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO ALPHA PLAYGROUNDS TO PERFORM A "POUR IN PLACE" RUBBER SAFETY RESURFACING ON THE PLAYGROUNDS AT FOUNDERS PARK AND PEACE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura solicited bids for the replacement of the rubber surfacing of the playground areas at both Founders Park and Peace Park that have become unsightly and due to the constant wear have caused stains through color transfer onto users clothing and skin; and WHEREAS, staff has reviewed the submitted bids, finding Alpha Playgrounds ("Contractor") to be the lowest bidder through a competitive bid process; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said contract to Alpha Playgrounds as the lowest responsive and responsible bidder, consistent with its proposal attached hereto as Exhibit „A„ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute an agreement with Alpha Playgrounds for the resurfacing of the playgrounds at Founders Park and Peace Park. Section 2. The funds to be allocated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001- 5001-539-46-72. Section 3. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2024- 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 7t" day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 PLAYGROUNDS ip ow Page 1 City of Aventura 4/25/2024 3375 NE188th St Aventura FI 33180 Contact: Jamie Evers Office: 305-466-8008 Email: eversj@cityofaventura.com We submit this quotation as an offer to sell equipment/services to the buyer listed above. This is not an acknowledgement, and no goods will be produced until all requirements are met as stated herein to the satisfaction of the seller. SURFACE /FOUNDERS PARK Material: Pour in Place Rubber System Area: 9850 Sq Ft Approx OPTION #1 - r . ;• �. _ Material: Pour in Place Rubber Safety Surfacing • Recap Existing PIP Surface with NEW TOPCOAT '/ "inch /Re-top PIP Colors • 100 % Color Standard EPDM i.e., Rainbow Blue, Rainbow Green, Red, Signal Green, Beige & Eggshell • Aromatic Urethane PRICE: $106,577.00 (INCLUDES FREIGHT, DELIVERY& INSTALLATION) OPTION #2 Material: Pour in Place Rubber Safety Surfacing • Recap Existing PIP Surface with NEW TOPCOAT '/ "inch /Re-top PIP Colors • 100 % Color Standard EPDM i.e., Rainbow Blue & Capri Blue NONSTANDARD PRICE: $111 ,280.00 (INCLUDES FREIGHT, DELIVERY& INSTALLATION) PLEASE EXPECT AMBERING (YELLOW FILM) TO OCCUR INITIALLY DUE TO UV RAYS, WITH FOOT TRAFFIC THIS FILM WILL DISAPPEAR WITHIN A FEW WEEKS OR MONTHS AND THE COLOR OF THE RUBBER EPDM WILL REAMERGE "ALPHA WILL NEED A DESIGNATED AREA ADJACENT TO PARK FOR DUMPSTERS TO BE PLACED 1481 SW 153 WAY DAVIE FLORIDA 33326 Phone (954) 588-1244 Email: alphaplaygroundsfl@gmail.com PRICES ARE VALID FOR 30 DAYS AND ARE SUBJECT TO TOTAL PURCHASE PRICE PLAYGROUNDS Page 2 DELIVERY:4-10 WEEKS RUBBER SURFACE WORK WILL BE PERFORMED WEATHER PERMITTING PAYMENT TERMS:50%DEPOSIT IS REQUIRED. 50%IS DUE UPON COMPLETION. ALL PRODUCTS MEET ASTM,CPSI,and ADA PLAYGROUND SURFACING AND CRITICAL FALL HEIGHTS MAKE CHECKS PAYABLE TO:ALPHA MANAGEMENT GROUP NO RETAINERS OR HOLDBACKS ARE ALLOWED. IN ADDITION TO THE PRICES STATED HEREIN, BUYER AGREES TO PAY THE SELLER INTEREST ON ACCOUNTS PAST DUE AT A RATE OF 1.50%PER MONTH OR THE MAXIMUM ALLOWABLE INTEREST RATE APPLICABLE BY LAW, WHICHEVER IS LOWER AND ALL COLLECTION COSTS INCLUDING ATTORNEY FEES AND OTHER COSTS INVOLVED IN THE COLLECTION OF ANY ACCOUNT PAST DUE.UNTIL ALL AMOUNTS DUE HEREUNDER ARE PAID IN FULL,CUSTOMER SHALL NOTPERMIT THE EQUIPMENT TO BE LEVIED UPON OR ATTACHED UNDER ANY LEGAL PROCESS;TRANSFER TITLE TO THE EQUIPMENTOR ANY OF CUSTOMERS RIGHTSTHEREIN OR REMOVE OR PERMIT THE REMOVAL OF THE EQUIPMENTTO ANY LOCATIONNOT SPECIFIED IN THIS QUOTE.ALPHA MANAGEMENT GROUP RETAINS FULL TITLE TO ALL EQUIPMENT UNTIL FULL PAYMENT IS RECEIVED BY ALPHA MANAGEMENT GROUP CUSTOMER ASSUMES ALL RISK OF LOSS OR DESTRUCTIONOF OR DAMAGE TO THE EQUIPMENT BY REASON OPF THEFT, FIRE,WATER OR ANY OTHER CAUSE,AND THE OCCURRENCE OF ANY SUCH CASUALTYSHALL NOT RELIEVE THE CUSTOMER FROM ITS OBLIGATIONS HEREUNDER AND UNDER ANY INVOICES.UNTIL ALL AMOUNTS DUE HEREUNCERARE PAID IN FULL, CUSTOMER SHALL INSURE THE EQUIPMENT AGAINST ALL SUCH LOSSES AND CASUALTIES. SPECIFICATIONS:ALL EQUIPMENT IS PER MANUFACTURER'S CURRENT CATALOG SPECIFICATION WITH STANDARD COLORS. INSTALLATION DOES NOT INCLUDE ANY GROUND PREPARATION, LANDSCAPING, BORDERS OR SURFACE MEDIA SUCH AS SAND, MULCH, ETC., UNLESS STATED. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES TO UNDERGROUND UTILITIES, IRRIGATION LINES, ETC., UNLESS THEY HAVE BEEN MARKED AND BROUGHT TO OUR ATTENTION.ALPHA MANAGEMENT GROUP IS NOT RESPONSIBLE FOR PERMITS OR THEIR ASSOCIATED COSTS UNLESS STATED. HOWEVER,WE WILL PROVIDE NECESSARY DOCUMENTATIONS FOR PERMITS AND WILL CHARGE TO THE CUSTOMER THE COSTS INVOLVED TO OBTAIN PERMITS SUCH AS ENGINEERING, COURIER, PERMIT FEES, ETC. ALPHA MANAGEMENT GROUP IS NOT RESPONSIBLE FOR THE TIME FRAME CITY TAKES TO PROCESS AND APPROVE DRAWINGS AND FINAL INSPECTIONS. ALL DEPOSITS ARE NONRUFUNDABLE AND ALL ORDERS ARE FINAL. IF CUSTOMER CANCELS AN ORDER THERE WILL BE A 30%RESTOCKING FEE ON THE TOTAL PUCHASE PRICE OF THE CANCELLED ITEMS. IF CUSTOMER CHOOSES THE LEASE OPTION,ALL REQUIRED SIGNED LEASE PAPERS ARE TO BE GIVEN TO ALPHA MANAGEMENT GROUP PRIOR TO INSTALLATION. SHIPPING INFORMATION:SHIPPING SCHEDULE IS AN ESTIMATE ONLY. WE DO OUR BEST TO MAINTAIN TIMELY SCHEDULES. WE ARE NOT RESPONSIBLE FOR ANY COST OR DAMAGES RESULTING FROM SHIPPING DELAYS. THE SHIPPING SCHEDULE DOES NOT INCLUDE, NORARE WE RESPONSIBLE FOR,TIME IN TRANSIT. SHIPPING CHARGES DO NOT INCLUDE TRUCK UNLOADING. TO ACCEPT THIS QUOTATION, PLEASE SIGN, DATE AND RETURN WITH ANY OTHER MATERIALS REQUIRED. ONCE SIGNED AND ACCEPTED BY SELLER,ANY CHANGES MUST BE SUBMITTED IN WRITING AND APPROVED BY THE SELLER. NO GOODS MAY BE RETURNED WITHOUT THE PRIOR WRITTEN CONSENT OF THE SELLER. IT IS PURCHASER RESPOSIBILITY TO ENSURE THAT THE PLAY AREA IS RESILIENT,SAFE AND FREE OF ANY POTENTIAL HAZARDS.ALL PLAY ACTIVITY MUST BE ADULT SUPERVISED. PLAYGROUND EQUIPMENT COMES WITH A MANUFACTURERS WARRANTY FOR THE PURCHASER.ALPHA MANAGEMENT GROUP ASSUMES NO RESPOSIBILITY OR LIABILITY FOR INCIDENTIAL OR CONSECUENTIAL DAMAGES OR INJURIES WITCH MAY ARISE FROM THE PURCHASER OR USE OF SAID EQUIPMENT. PURCHASER ACCEPTS THIS DISCLAIMER.WOODEN PLAYSETS WILL SHOW DISTORTION, AS WELL AS SEASONING CHECKS/CRACKS.THESE ARE NATURAL CHARACTERISTICS OF WOOD AND IN NO WAY SHOULD AFFECT THE STRUCTURAL INTEGRITY OF THE SWINGSETS. PURCHASER PROMISES TO PAY ALPHA MANAGEMENT GROUP IN FULL FOR ALL PLAYGROUND EQUIPMENT UPON RECEIPT OF PLAYGROUND EQUIPMENT. IF FINAL BALANCE DUE OR ANY OTHER UNPAID AMOUNT MUST BE COLLECTED FROM PURCHASERS. PURCHASER AGREES TO PAY IN ADDITION TO THE FINAL BALANCE DUE OR ANY OTHER UNPAID AMOUNT,ALL COST AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES,ASSOCIATED WITH COLLECTION.ANY FINAL BALANCE DUE OR ANY UNPAID AMOUNT NOT PAID UPON RECEIPT OF PLAYGROUND EQUIPMENT SHALL CARRY INTEREST RATE OF 15%PER ANNUM, UNTIL PAID. ALL EQUIPMENT REMAINS THE PROPERTY OF ALPHA MANAGEMENT GROUP. UNTIL THE CONTRACT PRICE IS PAID IN FULL. UPON FULL EXECUTION,THIS QUOTE SHALL BE BINDING UPON AND INUIRE TO THE BENEFIT OF THE PARTIES AND THEIR SUCCESSORS AND ASSIGNS. BY SIGNING THIS QUOTATION,YOU AGREE TO THE ABOVE TERMS AND WILL PROCESS ACCORDINGLY. SIGNATURE: DATE: PRINTED NAME: 1481 SW 153 WAY DAVIE FLORIDA 33326 Phone(954) 588-1244 Email: alphaplaygroundsfl@gmaii.com � �PLAYGROUNDS Pagel City of Aventura 4/25/2024 3375 NE 188th St Aventura FI 33180 Contact:Jamie Evers Office: 305-466-8008 We submit this quotation as an offer to sell equipment/services to the buyer listed above. This is not an acknowledgement, and no goods will be produced until all requirements are met as stated herein to the satisfaction of the seller. SURFACE PEACE PARK a. • Material: Pour in Place Rubber System Area: 6150Sq Ft Approx T " i OPTION #1 • •; Material: Pour in Place Rubber Safety Surfacing •Recap Existing PIP Surface with NEW TOPCOAT 1/2"inch/Re-top PIP 't •, Colors•100%Color Standard EPDM i.e., Rainbow Blue, Rainbow Green, Red,Signal Green, Beige & Eggshell • Aromatic Urethane PRICE: $67,588.00 (INCLUDES FREIGHT, DELIVERY&INSTALLATION) OPTION#2 Material: Pour in Place Rubber Safety Surfacing • Recap Existing PIP Surface with NEW TOPCOAT 1/2"inch/Re-top PIP Colors • 100 0/0 Color Standard EPDM i.e., Rainbow Blue&capri Blue NON STANDARD PRICE: $70,540.00 (INCLUDES FREIGHT, DELIVERY & INSTALLATION) **TAX EXEMPT PLEASE EXPECT AMBER/NG (YELLOW FILM)TO OCCUR INITIALLY DUE TO UV RAYS,WITH FOOT TRAFFIC THIS FILM WILL DISAPPEAR WITHIN A FEW WEEKS OR MONTHS AND THE COLOR OF THE RUBBER EPDM WILL REAMERGE **ALPHA WILL NEED A DESIGNATED AREA ADJACENT TO PARK FOR DUMPSTERS TO BE PLACED 1481 SW 153 WAY DAVIE FLORIDA 33326 Phone(954)588-1244 Email: alphaplaygroundsfl@gmail.com CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager 62) BY: Kimberly S. Merchant, Community Services Director ; DATE: May 3, 2024 SUBJECT: A Resolution to Approve the Replacement and Addition of Fencing for Founders Park North and South RECOMMENDATION It is recommended that the City Commission approve fencing projects totaling $64,720.00 to replace and add fencing at Founders Park North and Founders Park South. This work constitutes an authorized exemption from competitive bidding under City Code Section 2-253(2) (b). BACKGROUND The perimeter fencing at Founders Park South will be replaced using Florida Department of Children and Families Standards for Outdoor Play Areas. These Standards require that fencing, including gates, must be continuous and must not have gaps or openings larger than 3 '/2 inches that would allow children to exit the outdoor play areas. The additional fencing will include the following features: • New paneling along the seawall to ensure the garden area has iguana control similar to the previous garden fence; • Fencing for a storage area; • Paneling along the tennis courts to keep water and debris off the courts due to the adjacent berm; and • Additional fencing along the new FieldTurf by the first base side of the baseball field due to the location of the light pole. This will ensure the park is ready for the new Founders Park South Facility to open at City standards for the residents by Summer of 2024. The perimeter fencing is budgeted in the 23/24 Fiscal Year from account#001-8050-572- 6310 in the amount of$49,630.00. The remaining $15,090 will come from account #101- 8050-861.63-02 in the amount of $3,190, and account #101-8050-861.63-07 in the amount of$11,900. A budget amendment to cover the overage will be completed with the year-end budget amendment CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SEAWATER CONSTRUCTION CORP. TO REPLACE AND ADD FENCING AT FOUNDERS PARK, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura received pricing for the replacement of the fencing along the perimeter of Founders Park South, as well as various points within Founders Park itself; and WHEREAS, staff has reviewed the pricing, finding Seawater Construction Corp. to be the lowest price, based on the price identified in its proposal attached hereto as Exhibit "A"; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said contract to Seawater Construction Corp. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute an agreement with Seawater Construction Corp. for the fencing project around Founders Park South and in Founders Park North. Section 2. The funds to be allocated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from account #001-8050-572-6310 in the amount of $49,630.00, account #101-8050-861-63-02 in the amount of $3,190, and account #101-8050-861.63.07 in the amount of$11,900. Section 3. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2024- 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 7t" day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 Seawater Construction Corp. General Contractor Estimate New Aluminum Pickets Fence 285 LF- 6' H Founder's Park South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com Project: New Aluminum Pickets Fence Founder's Park South New Sliding Gates (2) & New Pedestrian Gates (2) 3105 NE 190th St., Aventura, FL 33180 TO: Jamie Evans, Allan Cabrera DATE: 03/30/2024 City of Aventura Estimate: 2024-0330-10 Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax Job Description New Aluminum Pickets Fence 285 LF - 6 Feet High at Founder's Park South. Including Two (2) Sliding Gates and Two (2) Pedestrian Gates. Materials, Fabrication, Powder Coating Pistachio, Delivery and Installation Remove existing Fence with the Concrete Footings. Itemized Estimate SCOPE OF WORK $40,840.00 Remove the existing Fence 285 Linear feet and concrete footings. New Aluminum Pickets Fence 285 Linear feet X 6 Feet High. Posts: Aluminum Tubes 2" X 2" X 1/8" Punched Aluminum Channels: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 5'-10" High spacing 4" on center Sections of Fence 5 Feet - 6 Inches Long by 6 Feet High Foundation: Isolated Footings 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Finish: Powder Coating Pistachio Green (Special Color) Fabricate Two (2) Sliding Gates 18 LF by 6 Feet High -Fabricate Two (2) Aluminum Sliding Gates of 18' Long X 6' High. -Frame of Square Tube 2" X 2" X 1/8" with 3 Vertical Reinforcements in each Gate and 2 Horizontal Reinforcement 2" x 2" X 1/8". -Spear Picket Top: 1" X 1" spacing 4" on center welded to the Frame. -Posts 3" X 3" X 1/4" Gauge Install a Gate Roller Guide in each Sliding Gate. -Foundation: Isolated Footing 3 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, -Install (2) V Groove Wheel Heavy Duty Track Wheel. -Install a Sliding Gate Catcher (Holder) in each Gate. - Finish: Powder Coating Pistachio Green (Special Color) Fabricate Two (2) Pedestrian Gates Fabricate Two Pedestrian gates with Self Close Hinges and Latch. One: 5'-6" x 6' High on the Center of the Park Two: 6' X 6" High in the east corner to be use by FPL. -Install Heavy Duty Gate Hinges for Self Closes Gate up to 154 Ibs Adjustable self-closing speed, Rust & Corrosion Proof, Industrial strength Polymer with Stainless Steel components and Internal Spring. Finish: Powder Coating Pistachio Green (Special Color) Total Estimated Job Cost $40,840.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Note: -Architectural plans and Structure engineer Calculations are NOT Included -Building Permit fee is NOT included. Payment Schedule: -50% upon approval ( $20,420.00 ) -50% upon completion ( $20,420.00 ) JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Aluminum Pickets Fence 59=4" X 6' H Founder's South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com Project: New Aluminum Pickets Fence 59'-4" X 6' H Founder's South 3105 NE 190th St., Aventura, FL 33180 TO: Jamie Evans, Allan Cabrera DATE: 03/30/2024 City of Aventura Estimate: 2024-0330-12 Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax Job Description New Aluminum Pickets Fence at Founder's Park South (Two Sections) Including One (1) Double Gate 12 Feet Width by 6 Feet High. Materials, Fabrication, Powder Coating Pistachio, Delivery and Installation. Itemized Estimate SCOPE OF WORK $8,790.00 New Two sections of Aluminum Pickets Fence. Total LF 59'-4" x 6' H. Section 1: New Aluminum Pickets Fence between the Restrooms Building and the North Fence, Total 30'- 8" X 6 feet High. Section 2: New Aluminum Pickets Fence between the Restrooms Building and the East Fence, Total: 28' - 8 11 X 6 feet High. Specifications: Posts: Aluminum Tubes 2" X 2" X 1/8" Punched Aluminum Channels: 1" X 2" X 1/8" Spear Picket Top: 1" X 1" X 5'-10" High spacing 4" on center Sections of Fence 6 feet Max. Long by 6 Feet High Foundation: Isolated Footings 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Finish: Powder Coating Pistachio Green (Special Color) Fabricate one Double Gate 12 LF by 6 Feet High -Fabricate one Aluminum Double Gate of 12' Long X 6' High. -Frame U of Square Tube 2" X 2" X 1/8" -Spear Picket Top: 1" X 1" spacing 4" on center welded to the Frame. -Posts 3" X 3" X 1/4" Gauge -Foundation: Isolated Footing 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, -Install Heavy Duty Gate Hinges for Self Closes Gate up to 154 Ibs Adjustable self-closing speed, Rust & Corrosion Proof, Industrial strength Polymer with Stainless Steel components and Internal Spring and one Latch. -Finish: Powder Coating Pistachio Green (Special Color) Total Estimated Job Cost $8,790.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Note: -Architectural plans and Structure engineer Calculations are NOT Included -Building Permit fee is NOT included. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Chainlink Fence at Founder's Park North Baseball Field 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com Project: New Chainlink Fence at FN Baseball Field 3105 NE 190th St., Aventura, FL 33180 TO: Jamie Evans, Krystal Melendez DATE: 04/20/2024 City of Aventura Estimate: 2024-0420-14 Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax Job Description New Chainlink Fence at Founder's Park North baseball Field. Materials, Fabrication, Powder Coating, Delivery and Installation. P=ftftw- Itemized Estimate SCOPE OF WORK $3,190.00 Remove Existing Chainlink: Remove 2 sections of existing Chainlink. New Commercial Grade Chainlink Fence Poly Black. Total LF 17' Long x 6' High. I Build New Chainlink Fence on the South Side of the First Base of the Baseball field at Founder's Park North, including: New (2) posts with a 1/4' 6" x 6" welded plate to attach to the existing concrete slab with 4 sleeve anchors plus 3 existing posts that are in good condition, for a total of 5 posts. Materials: Galvanize Plate 6" X 6" Weld to Post -----------2 Extruded Black 50' Roll Spectra 2" x 9F x 6" ———————1 Roll Steel Tension Bar Poly Black 3/16" x 3/4" x 70" —————4 Polyester Black Spectra Posts 2 7/8" x 9' DQ40------2 Tube 1 5/8" x 22' Poly Black Spectra -----------6 Tension Band Poly Black Spectra Poly ----------25 Cap Poly Black Spectra 2 7/8" --------------2 Total Estimated Job Cost $3,190.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Paneling Fence at Founder's Park South by the Canal Plant & Parcel 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com Project: New Paneling at Founder's Park South by the Canal 3105 NE 190th St., Aventura, FL 33180 TO: Jamie Evans, Krystal Melendez DATE: 04/20/2024 City of Aventura Estimate: 2024-0420-15 Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax Job Description New Paneling on two Enclosure Parcels on existing Forest Green Fence at Founder's Park South along the Canal Materials, Fabrication, Powder Coating, Delivery and Installation. Itemized Estimate SCOPE OF WORK $5,650.00 New Paneling on Two (2) existing Enclosure for Plant and Parcel on existing Fence South Side by the Canal at Founder's Park South. The work consists of opening a trench along the entire length of the fence within the enclosure of approximately 4" to fit the panels to the ground and prevent the entry of iguanas. Total LF: 216' Long X 4' High West Section: Total Linear Feet: 106 LF Solid Aluminum Panels 48" X 120" East Section: Total Linear Feet: 110 LF Solid Aluminum Panels 48" X 120" The panels will be attached to the fence with HEX Self- Drill Screws Powder Coat Paint: Forest Green Total Estimated Job Cost $5,650.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HEPPERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Paneling Tennis Court West & East at Founder's Park South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: jcherr2002@gmail.com Project: New Paneling Tennis Court West & East Founder's Park South 3105 NE 190th St., Aventura, FL 33180 TO: Jamie Evans, Krystal Melendez DATE: 04/20/2024 City of Aventura Estimate: 2024-0420-16 Community Services Department Park & Recreation (305) 466-8008 Office (305) 466-8009 Fax Job Description New Paneling Tennis Court West & East at Founder's Park South Materials, Fabrication, Powder Coating, Delivery and Installation. PML Itemized Estimate Now" SCOPE OF WORK $6,250.00 New paneling on the West and East sides of the Tennis Court on each section of the existing 10' x 10' Fence at the Bottom of Founder's Park South. The work consists of opening a trench outside the existing fence to fix the panels to the ground as deep as the existing base of the posts allows, to prevent water and things from entering the Courts. Total LF: 240' Long X 4' High West Side: Total Linear Feet: 120 LF West Side: Solid Aluminum Panels 48" X 120" East Section: Total Linear Feet: 120 LF Solid Aluminum Panels 48" X 120" Attachment: The panels will be tied on both sides with Tension Bands to the existing posts and on top with Heavy Duty Tie to the mesh. Powder Coat Paint: Black Total Estimated Job Cost $6,250.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HEPPERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Jake Ozyman, PE, Public Works & Transportation Director 90 611 DATE: May 3, 2024 SUBJECT: Authorization to Apply for a Matching Florida Department of Transportation (FDOT) Public Transit Service Development Program Grant May 7, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to apply to the FDOT Public Transit Service Development Program Grant for expansion of the on- demand transit service. BACKGROUND The City's current on-demand transit service consists of ten (10) electric vehicles with an approximate annual cost of$1,169,754. The City wishes to add five (5) more on-demand vehicles to absorb the demand and reduce wait times. The total annual cost for fifteen (15) vehicles would be $1,754,631. If approved, the FDOT would fund 50% of the total, which is $877,316. JO/gf J 024010 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A MATCHING FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM GRANT IN THE AMOUNT OF $877,316 TO EXPAND THE CITY'S ON-DEMAND TRANSIT SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura ("City") currently operates a mobile application- based on-demand transportation service through BeeFree, LLC d/b/a FreeBee (the "Service"); and WHEREAS, the City wishes to expand the existing Service and integrate it into the Miami-Dade County ("County") Smart Demonstration Program; and WHEREAS, the Florida Department of Transportation ("FDOT") created the Public Transit Service Development Program Grant (the "Grant') in order to provide local communities with matching grant funds for the implementation of transit projects aimed at providing alternative and innovative transportation solutions; and WHEREAS, in order to expand the Service and integrate it into the County Smart Demonstration Program, the City desires to authorize the City Manager to apply for a Grant in the amount of$877,316, which the City will match using CITT funds; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That each if the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Authorization. That the City Commission hereby authorizes the City Manager to apply for a matching Grant in the amount of$877,316 with the FDOT. City of Aventura Resolution No. 2024- Section 3. 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 7t" day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 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: May 3, 2024 SUBJECT: An Ordinance to Repeal the Art in Public Places Board May 7, 2024 City Commission Meeting Agenda (First Reading) June 4, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an ordinance to repeal the Art in Public Places Board. BACKGROUND The City Commission passed Ordinance No. 2012-16, which created the Art in Public Places Board ("Board"). Pursuant to Section 3.11 of the City Charter, the City Commission is empowered to terminate City boards and agencies as it may deem advisable from time to time. The City remains committed to considering input from City residents and other interested parties concerning the placement of works of art at City owned and/or City operated parks, buildings and facilities. However, due to the Board's lack of activity over the years, the City Commission believes the existence of an advisory board to assist the City with the above mentioned tasks is no longer warranted. Fiscal Impact This item has no impact to the City's budget. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION," ARTICLE III "ADVISORY BOARDS," BY REPEALING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 3.11 of the City Charter grants the City Commission with the authority to create and terminate city advisory boards; and WHEREAS, the City Commission desires to disband the Art in Public Places Board due to inactivity; and WHEREAS, the City Commission finds that this Ordinance is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Division 6 "Art in Public Places Advisory Board" in Article III "Advisory Boards," Chapter 2 "Administration," is hereby amended to repeal Division 6 in its entirety as follows: CHAPTER 2 —ADMINISTRATION ARTICLE III. — Advisory Boards Division 6. ART IN PUBLIC PLACES ADVISORY BOARD CQeG. 2-7(1�Teatno and qualifies s. (a) There is hereby Greated and established the City of Aventura Art in PubliG PlaGes- Advisory Board (the "Board") and appointor! b y Mayor, s �hiont to the approval Coommission c�rra--aPpvrrrcca--�� a�v-r�a�cc� the�" `^I.. Commission. Notwithstanding the above, the City Manager is autheriZed to appoint alternate members upon the finding OfGh a no�he members of � Beard shall�pn�ninT appointed in —a—rrc �rrTa�rry �r ova-rc�.m cca—n� l l Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by stFik g r City of Aventura Ordinance No. 2024- aGGOrdanGe with PFOGedures establwshed herewn and shall hold GffwGe at the pleasure e the City (`ommission nnl.i nber.s. of he Board shall serve on he Board �e i ��t �—vvrrn-rrr�a�vr�rv-r TIT{7 �� -arr��.rr-van �varc�vv-r GOMpensation and shall not be reirnbursed for travel, rnileage, or per dwern expenses as to Board seNwGe. The rnernbers shall serve for a two year terrn and rnay be reappointed in annordanne with the proness outlined heroin (bl the event resignation orT oval of any mernbber of Board, the Mayoshall appoint a person to fill the vaGanGy on SUGh Board for the unexpired portion of the 0 subjeGt to approval of the City Gernrnission in annordanne with pronedures establisher! herein I. =n\ I� .....the eyent that a member of the Board shall he absent and ��neXGused from a c�crr� c-a--r-iTcn-rva�r-vr �varc�.arra-n--vczr�crrrana-arr Ica--n-vrrru year, shal�a tTiGaII�T oved as a rnernbber of the Board by the City Manager. eXGUsed absenGe shall be requested in writing via 0 fax or letter prier to the Beard mew (d) The City Manager or his desig.,nee shall provide or designate neGessary staff suppe for the Board deG. 2-202. PrvGess of AppointmentMembers. (a) individuals wishing to be a member of the Board shall rnake appliGation to the City Manager on the farrns provided by the City. City Gernrnissioners rnay eaGh reGernrnend to the City Manager proposed nomine The City Manager all inteNiew all ITT`�Tr9�vrarraSE��-�- vaccrTTvrrrrrrCC=--r�c-vrry�vrarrug��-crrr-rrrccr-vr�w--arr appliGants and rnake reGOMrnendations to the Mayor. The Mayor shall appoint, to the Board, rnernbers frern the list of appliGants reGOFnrnended by the City Manager, subjeGt to the approval of the City (`ommission (b) In renommendino members of the Board, the following guidelines shall he Gensldered' (1) The resident membership of the Board should nonsist of persons who have demonstrated a strong nommitment to arts, ��innldino painting, photography,- snU 1pture and other art forms (2) Reasonable efforts should he mode for the membership of the Board to he representative of a range of nomprehensiye adult age groups, SeG. 2_203. Advisory GapaGity. The and duties of the Board shall he solely of an advisory nature to the GitManager and Mayor and City Gernrnission. The City �i Manager, Manager, by virtue of his effiGe as City shall be responsible f9F GE)FnrnunwGatwng to the City Gernrnission the options of the Board. SeG. 2_20 . Rules of nroGed f� quorum-. (a) The Board shall adopt rules Of PFOGedure not inGensistent with the ordinanGes of the Cit�yyaand the laws of theState of Florida and shall utilize Robert's Rules of Orde reGently revised 1990 Edition for the rules Of PFC)Gedure for the Gc)nduGt of Fneetings Page 2 of 5 City of Aventura Ordinance No. 2024- of the Board The Board may create additional rules for theend ant of its internal yr cc-uavr ��vr r�crav��rrccrrraT nrnneedinns (b) The Board shall elent a member to sense as the Chairperson and may elent a Vine_ Chairperson (G) Three members shall Genstitute a querurn for the transaGtien of business of thee Board. fiiGial aGtiBn shall be taken by the Board only upon the nnnn��rrin��a of "�� "'! cn�. vvrrca cv-vr a majority of the members present at an GffiGial meeting of the Board, eXGept that at least three affirmaf�etes shall he required for nffiniol ontinn r �rrru �r�urrpc-r"required�.-cv-rv-rm-rrcruraccrvrr. (a) The mission of he Board is t8 from time to time, request by Gity rvr�--vr �va-rc�r� �rrvrr� , vrrrcr-rr`"'requested`"'`"' Manager or City Gem sist the City and seleGting works e 0 parks, buildings and in order 0 to further enhanGe the diverse array Of GUltural and edUGatienal opportunities whiGh are available within the City. Further, � fi�Qenisin���Zacceptance,plaGernent and display of speGifiG works of art at City owned andler operated� parks, buildings and faae�tiesshall he subient to the approval of the City Commission (bt ) AGt+en of the Board shall the form of a written-re O endation of aaViGe-to the M Manager and Mayor, �nii o.mach Genrfrer- as to the presentation of thee rennmmendation of the Board to the City Commission =n\ The Board shall rneet as—need� determined by the City Manager or Git�i `'� Gnmmissinn Sect-286-S GonduGt for members. All member the Beard shall he s��bient to the Standards of Gend ant fnr D��hlin rTrr the Beard crra�cui c�vr-raprry Employees,OffiGers and as set City or other appliGable la Federal, State, County, pursuant to City Charter SeGtien 7.03 and must file th te finanGial diSGlesure forms. Sect-207-2-210. Reserved. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Page 3 of 5 City of Aventura Ordinance No. 2024- Section 4. Codification. 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 re- numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Conflict. That all sections or parts of sections of the Code of Ordinances, all ordinances or parts ordinances, and all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner 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 4 of 5 City of Aventura Ordinance No. 2024- PASSED on first reading this 7t" day of May, 2024. PASSED AND ADOPTED on second reading this 4t" day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 5 of 5 CITY OF "ENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BYE Robert Meyers, Office of the City Attorney DATE: March 29, 2024 SUBJECT: Ordinance Amending the City Code of Ordinances to Create Section 1-22 to Make it Unlawful to Urinate or Defecate in Plain View in Public Places April 2, 2024 City Commission Meeting Agenda (First Reading) May 7, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an ordinance to prohibit urination or defecation in plain view of the public, because such public acts present a public health risk due to the spread of diseases and other health hazards stemming from such waste. BACKGROUND Urination or defecation in a public place in plain view presents a serious threat to the public health, safety and welfare of the community, contributing to such ill effects as vandalism, disease transmission, and litter and is also irreparable and irreversible. The Florida Statutes do not prohibit the act of public urination or defecation per se, unless such acts are charged under the indecent exposure statute, ordinarily considered lewd and lascivious acts. However, a number of municipalities across the State have enacted ordinances prohibiting public urination or defecation without having to prove indecent exposure. The proposed ordinance is fashioned from the City of Miami Beach Ordinance (in effect since 1995) identifying public places where such acts are banned if committed in plain view of the public. A violation of this ordinance constitutes a public nuisance and upon a City of Aventura police officer establishing probable cause of such violation they are authorized to take enforcement action, as outlined in section 1-14 of the City Code. Fiscal Impact There may be a minor effect on the budget of those departments enforcing the ordinance, requiring some resources to be spent in furtherance of enforcing this ordinance. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-22 "URINATING OR DEFECATING IN PLAIN VIEW IN PUBLIC PLACES PROHIBITED"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as provided in Section 2(b), Article Vlll of the Constitution of the State of Florida, and Section 166.021(1), Florida Statutes, the City of Aventura, Florida (the "City"), a municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS Article Vlll, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provides municipalities with the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, the City Charter empowers the City Commission to adopt, amend or repeal its ordinances and resolutions as may be required for the benefit of the residents of the City; and WHEREAS, the City Commission finds it periodically necessary to amend its Code of Ordinances and Land Development Regulations ("Code") in order to update regulations and procedures necessary to implement municipal goals and objectives; and WHEREAS, the City Commission further finds it to be in the best interest of the public health, safety and welfare of the citizens to adopt this Ordinance amending the City's Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That the above stated recitals are hereby adopted and confirmed. City of Aventura Ordinance No. 2024- Section 2. City Code Amended. That Chapter 1 "General Provisions," of the City Code of Ordinances is hereby amended to read as follows:' Sec. 1-22. Urinating or defecating in plain view in public places prohibited. (a) It shall be unlawful for any person to intentionally urinate or defecate in plain view of the public on any public sidewalk, street, alley, park, or other public property in the City. For purposes of this section "in plain view of the public" shall mean where such act may be readily observed by a member of the public. This section shall not apply to urinating or defecating in any restroom facility in a manner for which that facility was designed. Section 3. Conflicts. That all Sections or parts of Sections of the Code of Ordinances, all ordinances or parts of ordinances, and all Resolutions, or parts of Resolutions, in conflict with the Ordinance are repealed to the extent of such conflict. Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. This motion was seconded by Vice Mayor Kruss, and upon being put to a vote, the vote was as follows: Page 2 of 3 City of Aventura Ordinance No. 2024- Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss 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 2nd day of April, 2024 PASSED AND ADOPTED on second reading this 7t" day of May, 2024 HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3