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07-02-2024 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 July 2, 2024 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Dr. Linda Marks Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss 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 July 2, 2024 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: • Proclamations • Special Recognitions • Employee Service Awards : None. • Charter School Update: None. 5. 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: • June 4, 2024 City Commission Regular Meeting • June 13, 2024 City Commission Regular Workshop B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING BRYAN PEGUES TO SERVE AS THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA; APPROVING AN EMPLOYMENT AGREEMENT BETWEEN BRYAN PEGUES AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT"A"; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE RULES OF DECORUM SET FORTH IN RESOLUTION 2023-30 BY FURTHER ELABORATING ON THE MEANING OF DISRUPTIVE CONDUCT DURING PUBLIC MEETINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF FUNDS BY THE CITY MANAGER FOR EMERGENCY PURCHASES AUTHORIZED BY SECTION 2-252(D) OF THE CITY CODE FOR LANDSCAPING MATERIALS AND SERVICES FROM BRIGHTVIEW, INC. IN CONNECTION WITH THE JUNE 12-14 RAINFALL EVENT CAUSING FLASH FLOODING AND OTHER DAMAGE TO CERTAIN PARTS OF THE CITY; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE PURCHASE OF TEN STREET LIGHTS FROM TORRES ELECTRICAL SUPPLY COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $273,340; PROVIDING FOR Page 1 of 3 Aventura City Commission Regular Meeting Agenda July 2, 2024 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 TOWING CONTRACT TO DOLPHIN TOWING & RECOVERY, INC. AND A BACKUP TOWING CONTRACT TO ALPINE TOWING DBA GALACTIC TOWING; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A BEAUTIFICATION GRANT, AND ENTER INTO A BEAUTIFICATION GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AVENTURA AND THE POLICE BENEVOLENT ASSOCIATION ENABLING ALL BARGAINING UNIT EMPLOYEES HIRED BETWEEN OCTOBER 1, 2000 AND OCTOBER 1, 2003 TO PURCHASE SERVICE CREDIT UNDER THE SAME OR SIMILAR TERMS AS BARGAINING UNIT EMPLOYEES HIRED BEFORE OCTOBER 1, 2000; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 7. ORDINANCES — FIRST READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-37 "TIME OF HIRE"; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES; OTHER REQUIREMENTS" OF CHAPTER 14; AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS," SECTION 31-191 "SIGN REGULATIONS GENERALLY," AND SECTION 31-221 "LANDSCAPING REQUIREMENTS" OF CHAPTER 31; AMENDING SECTION 38-48 "OFFICE HOURS; COLLECTION HOURS" OF CHAPTER 38; AMENDING SECTION 45-38 "USE OF RIGHTS- OF-WAY' OF CHAPTER 45 TO CLARIFY AND UPDATE CERTAIN TERMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-191(f) "PROHIBITED SIGNS", ALLOWING FOR BILLBOARDS IN A LIMITED CAPACITY IN THE CITY SUBJECT TO CITY COMMISSION APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 3 Aventura City Commission Regular Meeting Agenda July 2, 2024 C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION,"ARTICLE IV"FINANCE," DIVISION 3 "PURCHASING" BY INCREASING THE CITY MANAGER'S PURCHASING AUTHORITY FROM $50,000 TO $100,000; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive,Aventura). COMMISSION MEETING/REGULAR WORKSHOP—JULY 18,2024 AT 9 AM COMMISSION REGULAR MEETING—SEPTEMBER 3,2024 AT 6 PM COMMISSION REGULAR WORKSHOP—SEPTEMBER 19,2024 AT 9 AM FIRST AND SECOND BUDGET HEARINGS—SEPTEMBER—DATES TO BE DETERMINED 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: June 28, 2024 SUBJECT: Approval of Minutes July 2, 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: • June 4, 2024 City Commission Regular Meeting • June 13, 2024 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments &`?i AVENTURA CITY COMMISSION REGULAR MEETING MINUTES JUNE 4, 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 6:20 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Dr. Linda Marks, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul A. Kruss, 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 Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Proclamations: None. • Special Recognitions: Florida Government Finance Officers Association (FGFOA) President Frank DiPaolo presented the Government Finance Officers Association (GFOA) Triple Crown Award to the City. Mr. Wasson recognized Finance Director Melissa Cruz and her staff for achieving the award. Vice Mayor Dr. Marks presented a Certificate of Appointment to Arts & Cultural Center Advisory Board Member Dr. Helen Sachs Chaset. • Employee Service Awards: None. • Charter School Update: None. 5. CONSENT AGENDA: There were no requests from the public to address the City Commission. 'Participated via virtual communications media teclmology. Aventura City Commission Regular Meeting Minutes June 4, 2024 A motion to approve the items on the Consent Agenda was offered by Commissioner Kruss, seconded by Commissioner Friedland, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: APPROVAL OF MINUTES: • May 7, 2024 City Commission Regular Meeting • May 16, 2024 City Commission Special Meeting • May 16, 2024 City Commission Regular Workshop • May 24, 2024 City Commission Special Meeting B. Resolution No. 2024-31 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF A MEMBER TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2024-32 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SEAWATER CONSTRUCTION CORP. TO REPLACE AND ADD FENCING AT FOUNDERS PARK; RESCINDING THE PRIOR APPROVAL IN RESOLUTION NO. 2024-27 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED CONTRACT; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2024-33 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A TERM SHEET WITH GULFSTREAM PARK, LLC IN FURTHERANCE OF THE ACQUISITION OF A THREE-ACRE PARCEL OF LAND; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN GULFSTREAM PARK AND THE CITY TO USE SAID PARCEL FOR FUTURE USE AS A CHARTER SCHOOL SITE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures and Mrs. Horvath administered the oath to all those wishing to offer testimony on the item. No disclosures of ex parte communications were provided by members of the City Commission. RESOLUTION: Mrs. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A VARIANCE FROM SECTION 31-144(C)(1)GG OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW TWO (2) ELECTRIC VEHICLE SHOWROOMS ON A SHOPPING CENTER PARCEL WHERE NO MORE THAN ONE (1) IS PERMITTED ON Page 2 of 5 Aventura City Commission Regular Meeting Minutes June 4, 2024 THE PROPERTY LOCATED AT 19565 BISCAYNE BOULEVARD, IN THE CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution was offered by Commissioner Bloom and seconded by Commissioner Friedland. Community Development Director Keven Klopp incorporated the testimony provided at the Local Planning Agency Meeting into the record, including the positive recommendation of the LPA and the staff report recommending approval, subject to the conditions listed. No additional comments were provided on behalf of the Applicant (Turnberry Associates). Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No additional comments were provided by the City Commission. The motion for approval of the Resolution passed unanimously by roll call vote, and Resolution No. 2024-34 was adopted. 7. ORDINANCE — FIRST READING/PUBLIC HEARING: Mrs. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES; OTHER REQUIREMENTS" OF CHAPTER 14; AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS," SECTION 31-191 "SIGN REGULATIONS GENERALLY," AND SECTION 31-221 "LANDSCAPING REQUIREMENTS" OF CHAPTER 31; AMENDING SECTION 38-48 "OFFICE HOURS; COLLECTION HOURS" OF CHAPTER 38; AMENDING SECTION 45-38 "USE OF RIGHTS- OF-WAY' OF CHAPTER 45 TO CLARIFY AND UPDATE CERTAIN TERMS; 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 Friedland and seconded by Commissioner Bloom. Community Development Director Keven Klopp incorporated the information provided at the Local Planning Agency Meeting into the record, including the positive recommendation of the LPA and the staff report recommending approval. 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. Page 3 of 5 Aventura City Commission Regular Meeting Minutes June 4, 2024 Mrs. Horvath read the following Ordinance title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-191(f) "PROHIBITED SIGNS", ALLOWING FOR BILLBOARDS IN A LIMITED CAPACITY IN THE CITY SUBJECT TO CITY COMMISSION APPROVAL; 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 Bloom and seconded by Commissioner Friedland. Mr. Wasson incorporated the information provided at the Local Planning Agency Meeting into the record, including the positive recommendation of the LPA and his report recommending approval. 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. Mrs. Horvath read the following Ordinance title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 "ADMINISTRATION,"ARTICLE IV"FINANCE," DIVISION 3 "PURCHASING" BY INCREASING THE CITY MANAGER'S PURCHASING AUTHORITY FROM $50,000 TO $100,000; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Joel. 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 OF AVENTURA, FLORIDA, AMENDING THE CITY CODE Page 4 of 5 Aventura City Commission Regular Meeting Minutes June 4, 2024 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. A motion for approval of the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Bloom. 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 passed unanimously by roll call vote, and Ordinance No. 2024-08 was adopted. 9. RESOLUTION/PUBLIC INPUT: None. 10. REPORTS: Vice Mayor Dr. Marks reported on the recent donation of an ambulance to Israel and the City establishing a sister city with Modi'in. Commissioner Bloom reported on the Don Soffer Aventura High School class of 2024 graduation ceremony. Mayor Weinberg reported on the successful opening of Founders Parks South, including the pickleball courts and gardens, and displayed the trophy as winner of the Mayor's Cup Challenge. 11. PUBLIC COMMENTS: No comments were provided by members of the public. 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Dr. Marks, seconded by Commissioner Joel, and unanimously approved; thus, adjourning the meeting at 6.42 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on July 2, 2024. Page 5 of 5 AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES JUNE 13, 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 9:49 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Dr. Linda Marks, Commissioner Amit Bloom, Commissioner Rachel S. Friedland', Commissioner Billy Joel, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Paul A. Kruss was absent. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge was done at the Aventura Governing Board Meeting. 3. Discussion: Changing the October 1, 2024, City Commission Meeting to October 8t" (Mayor Weinberg): Mayor Weinberg requested that the date of the October Commission Meeting be changed due to the Rosh Hashanah holiday. The City Commission discussed the item. City Manager Summary: It was the consensus of the City Commission to change the City Commission Regular Meeting to October 8, 2024. 4. Discussion: Hate Speech (City Attorney): Mr. Meyers distributed and reviewed information regarding hate speech and the options for the Commission's consideration to strengthen the City's Resolution regarding rules of decorum at Commission Meetings. The City Commission discussed the item and provided positive feedback on amending the current rules of decorum resolution. Mr. Wasson also provided a recommendation to do so. City Manager Summary: It was the consensus of the City Commission to amend the current Resolution for rules of decorum by providing further guidance to the meaning of disruptive conduct, by citing additional examples of speech during a Commission meeting which is not protected by the First Amendment, including comments characterized as hate speech. 'Participated via virtual communications media technology. Aventura City Commission Regular Workshop Minutes—June 13, 2024 The following additional item was discussed: Form 6 Update: Mr. Meyers provided an update on the success of the litigation regarding Form 6 (Full and Public Disclosure of Financial Interests), including the granting of an injunction statewide that the form could not be imposed, and the appeals process. As such, Commission members must file a Form 1 (Statement of Financial Interests) in lieu of Form 6 by July 1 , 2024. The City Commission provided comments. City Manager Summary: It was the consensus of the City Commission for Mr. Meyers to provide a training session regarding the changes for Form 1 , prior to the July 1 st deadline. 5. Discussion: Deputy City Manager's Contract (City Manager): Commissioner Joel reviewed the contract negotiated with Bryan Pegues to be appointed as the next City Manager. Bryan Pegues, Deputy City Manager, agreed to the terms as outlined and thanked the Commission for the opportunity to serve as City Manager. The City Commission provided positive comments regarding Mr. Pegues and their confidence in him stepping into the role as City Manager. City Manager Summary: It was the consensus of the City Commission to place the item on the July City Commission Meeting Agenda. 6. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 10:17 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on July 2, 2024. Page 2 of 2 CITY OF "ENTURA OFFICE OF CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L BY- Robert Meyers, Office of City Attorney u�h DATE: June 28, 2024 SUBJECT: Resolution to Appoint Bryan Pegues as the Next City Manager for the City of Aventura July 2, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve a resolution appointing Bryan Pegues as the City of Aventura's next City Manager. BACKGROUND Ron Wasson, the current City Manager, is retiring on November 3, 2024. The City Charter requires that the City Commission appoint Mr. Wasson's replacement. Bryan Pegues has worked for the City for more than twenty-seven years, including serving as Police Chief, and in the last two and one-half years as the Deputy City Manager. Mr. Pegues is exceptionally qualified to assume the position of City Manager. The City and Mr. Pegues have negotiated an employment agreement to the satisfaction of all parties. Mr. Pegues will begin his tenure as City Manager on November 4, 2024. This Resolution may result in savings to the City's budget due to the fact that the Deputy City Manager position will remain open and unfilled for the foreseeable future. CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING BRYAN PEGUES TO SERVE AS THE NEXT CITY MANAGER FOR THE CITY OF AVENTURA; APPROVING AN EMPLOYMENT AGREEMENT BETWEEN BRYAN PEGUES AND THE CITY OF AVENTURA ATTACHED AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED EMPLOYMENT AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article III of the City Charter of the City of Aventura requires that there shall be a City Manager who shall be the Chief Administrative Officer of the City as appointed by the City Commission; and WHEREAS, following careful consideration and discussion the City Commission desires to appoint the current Deputy City Manager, Bryan Pegues, as the next City Manager of the City of Aventura as provided by Article III of the City Charter; and WHEREAS, the attached Employment Agreement (Exhibit "A") has been negotiated between Bryan Pegues and the City of Aventura; and WHEREAS, the City Commission desires to authorize the Mayor to execute the attached Employment Agreement outlining the terms and conditions agreed to by both parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Bryan Pegues is hereby appointed to serve as the next City Manager for the City of Aventura, as of November 4, 2024. Section 2. The Mayor is hereby authorized to execute the attached Employment Agreement (Exhibit "A") as approved by the City Commission. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 2nd day of July, 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 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 2nd day of July, 2024, between the CITY OF AVENTURA, Florida, a Florida municipal corporation, hereinafter referred to as the "CITY" or "City" and BRYAN PEGUES, hereinafter referred to as "CITY MANAGER", both of whom understand and agree, as follows: WITNESSETH: WHEREAS,Article III, Section 3.01 of the Charter of the CITY requires that there shall be a City Manager who shall be the Chief Administrative Officer of the CITY; and WHEREAS, the CITY desires to employ the services of Bryan Pegues as City Manager of the City of Aventura as provided by Article III of the City Charter, and in accordance with this Agreement; and WHEREAS, the parties have indicated their interest in entering into this Agreement for the purposes of establishing the basis, framework and context for the relationship which shall exist between the CITY and CITY MANAGER. NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable consideration, the parties do mutually covenant and agree with each other as follows: SECTION 1. TERMS AND CONDITIONS — CITY 1.0 The CITY and City Manager agree as follows: 1.1 The CITY shall employ Bryan Pegues as City Manager for a term hereinafter described consistent with the terms, conditions and covenants of the Charter of the City of Aventura. Bryan Pegues shall commence employment as City Manager of the CITY on November 4, 2024. 1.2 The City shall pay and compensate the CITY MANAGER for his services commencing on November 4, 2024, an initial base salary for the first year of service under this Agreement in the amount of Two Hundred Thirty-Seven Thousand Five Hundred ($237,500) Dollars, payable in accordance with the regularly scheduled method of compensation for other municipal employees of the CITY. 1.2.1 For each City fiscal year hereafter, commencing with October 1, 2025, CITY MANAGER shall receive the standard annual salary increase percentage amount which is granted to all other general employees of the City. 1.2.2 Using the City's established evaluation criteria and process, the City Commission shall review and evaluate the performance of CITY MANAGER annually at a time established by the City Commission. Based on the results of the annual evaluation, the City Commission may, in its sole discretion, grant a merit salary increase and/or other benefits upon an affirmative vote of the majority of the City Commission. Page 1 of 5 1.3 The City shall take whatever action is reasonably necessary, including executing the necessary agreements provided by the ICMA Retirement Corporation, to deposit into the International City Management Association Pension Fund (401 Plan for City Managers) on behalf of the CITY MANAGER an amount equal to 18% of CITY MANAGER'S base salary, in equal proportionate amounts each pay period, and to transfer ownership to succeeding employers upon CITY MANAGER'S resignation or termination. City agrees that all contributions made on the CITY MANAGER'S behalf are immediately 100%vested when deposited into the fund. 1.4 The City shall agree to pay CITY MANAGER's annual deferred compensation in equal proportionate amount each pay period into the Mission Square Section 457 Retirement Fund equal to the maximum annual amount authorized by Section 457 of the Internal Revenue Code. CITY MANAGER shall be responsible for paying any and all taxes related to withdrawal transactions associated with this fund. City agrees that all contributions made on the CITY MANAGER's behalf are immediately 100% vested when deposited into the fund. 1.5 The City shall budget and pay for all reasonable and customary professional dues and subscriptions of the CITY MANAGER which are necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for this continued professional participation, growth and advancement, and for the good of the CITY. (i.e., ICMA, FCCMA). 1.6 The City shall lease, rent or purchase a Ford Explorer (or comparable vehicle) at the discretion of the CITY for exclusive and unrestricted use by the CITY MANAGER at all times during his tenure with the CITY as CITY MANAGER. The CITY shall be responsible for all costs associated with the acquisition, operation, maintenance, repair and replacement of the vehicle. 1.7 The CITY shall provide at no cost to the CITY MANAGER the necessary equipment, including, but not limited to, a cellular telephone, laptop/iPad, a home printer with scanning features, in order to perform the essential functions of the job. 1.8 The City shall provide and make the required premium payments for health and hospitalization, major medical, disability, and dental insurance, for CITY MANAGER and his eligible dependents, if any, through the CITY's group health, hospitalization, major medical, dental insurance and disability insurance program. Upon separation from employment, the CITY shall continue to make the required premium payments as described above for the CITY MANAGER until the CITY MANAGER reaches the age of sixty-five (65). Upon separation and until age sixty-five (65), the CITY MANAGER will be responsible for the required premiums payments for eligible dependents at the rates established for City employees during the applicable plan year. 1.9 The CITY shall provide the CITY MANAGER with the same holidays, vacation, sick and other leave benefits and accruals as would be accorded any department head position of CITY, with the following exceptions: 1) the CITY MANAGER shall be provided with an allocation of a total of twenty (20) days of vacation leave each year, and two (2) additional days of personal leave each year, immediately available to the CITY MANAGER at the beginning of each calendar year and unused vacation leave shall be rolled over from one calendar year to the next and shall not be capped; 2) before the commencement of this Page 2 of 5 agreement, the CITY MANAGER shall receive a payout of 400 hours of vacation leave earned in his prior positions with the City, calculated based on his current salary as Assistant City Manager; 3) the sick leave balance of the CITY MANAGER is not capped; and all accrued sick leave earned in his prior positions shall be rolled over;4)commencing November 4, 2024, the CITY MANAGER will immediately begin accruing vacation and sick leave at the maximum accrual rates under CITY policies and 5) upon separation from employment, CITY MANAGER shall be paid for all accrued vacation/personal leave and sick leave. 1.10 The City shall budget and pay for the reasonable and customary travel and subsistence expenses of the CITY MANAGER for professional and official travel and meetings and seminars adequate to continue the professional development of CITY MANAGER and to adequately pursue his necessary official and other functions for CITY. Such professional meetings may include the International City Management Association, Florida City and County Management Association, National League of Cities, Florida League of Cities, and Miami-Dade County League of Cities. 1.11 The City shall defend, save harmless and indemnify CITY MANAGER against any tort, professional liability claim or demand or other legal action arising out of an alleged act or omission occurring in the performance of his duties as CITY MANAGER to the fullest extent authorized by applicable law. 1.12 The City shall pay the cost of any bonds required of the CITY MANAGER under any law, ordinance or the Charter of the City. 1.13 The City Commission may establish such other terms and conditions of employment, as the Commission may determine from time to time, relating to the performance of CITY MANANGER, provided that such terms and conditions are not in conflict with the provisions of this Agreement, the City Charter, or applicable law. 1.14 The CITY MANAGER will receive all other benefits which the City provides to department directors in accordance with the City's policies as existing from time to time. SECTION 2. TERMS AND CONDITIONS—CITY MANAGER 2.0 The CITY MANAGER agrees as follows: 2.1 To commence employment with the City on November 4, 2024, as City Manager of the City of Aventura, Florida, as described herein, and in accordance with the terms, conditions and provisions contained in the Charter and Code of the City ofAventura. 2.2 To fulfill the obligations and responsibilities provided for in the Charter and Code of the City ofAventura and to perform all functions and duties as the Chief Administrative Official of the CITY in a professional and respectable fashion and with full decorum historically required of the City Manager of CITY and as required for City Managers generally in Miami-Dade County, Florida, and the standards and Code of Ethics of the International City Management Association, and applicable local, county, state and federal ethics codes. Page 3 of 5 2.3 That the position of CITY MANAGER is an exempt position pursuant to the federal Fair Labor Standards Act. Accordingly, the CITY MANAGER shall do all things necessary and required to be available to the CITY, its commissioners, agents, servants and employees during the course of this Agreement consistent with good and respectable management requirements and as otherwise dictated and provided by this Agreement, the Charter and Code of Ordinances of the City ofAventura. The CITY MANAGER agrees to remain in the exclusive employ of City from November 4, 2024 through the term of this Agreement, and not to be employed by any other employer, while in the employment of the City, unless otherwise expressly authorized in writing by the City Commission. 2.4 In the event CITY MANAGER determines to voluntarily resign his position with the CITY, the CITY MANAGER shall provide CITY with four (4) months written notice in advance, unless the parties otherwise agree in writing to a different period of time. SECTION 3. TERM 3.0 This Agreement shall be effective from and after July 2, 2024, and shall be for an indefinite term in accordance with Section 4 of this Agreement. The actual commencement of employment date of the CITY MANAGER shall be on November 4, 2024. SECTION 4. REMOVAL OF CITY MANAGER 4.0 The CITY MANAGER shall serve at the pleasure of the City Commission. In the event the CITY Commission wishes to terminate the employment of the CITY MANAGER it shall do so in accordance with Article III, Section 3.08. of the CITY Charter. 4.1 In the event CITY MANAGER is terminated by the CITY, the CITY agrees to pay CITY MANAGER severance pay in an amount equal to sixteen (16) weeks of salary, plus any accrued sick leave, vacation leave and other accrued benefits. CITY hereby expressly warrants and represents that said severance payments shall be paid to CITY MANAGER in a lump sum upon his termination or within thirty (30) days thereafter. Moreover, once the CITY MANAGER has satisfactorily served the CITY for a one (1) year period of time following commencing service on November 4, 2024, the City Commission may, at its sole discretion, increase the sixteen (16)weeks of severance pay (described above) to a total of twenty (20) weeks of severance pay. However, in the event CITY MANAGER is terminated for the conviction of an illegal act or for misconduct as referenced in Sec. 215.425(4)(a)(2), F.S., CITY shall have no obligation to pay the respective sixteen (16) weeks or twenty (20)weeks of severance pay which is referenced above. SECTION 5. GENERAL PROVISIONS 5.0 It is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and that the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Page 4 of 5 5.1 It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and with equal dignity herewith. 5.2 The recital stated in the preamble of this Agreement are incorporated herein by reference and shall constitute a part of this Agreement. 5.3. Upon execution by the parties, this Agreement shall be effective immediately from and after July 2, 2024, and shall be binding upon and inure to the benefit of the CITY and CITY MANAGER. 5.4 In the event that any provision of this Agreement is found by a court of competent jurisdiction to be illegal or in conflict with applicable law, the validity of the remaining provisions of this Agreement shall not be affected or impaired, so that the provisions of the Agreement are severable. IN WITNESS WHEREOF, the CITY OF AVENTURA, has caused this Agreement to be signed and executed on its behalf by its Mayor, as duly authorized by Resolution of the City Commission, and duly attested by its City Clerk, and the CITY MANAGER has signed and executed this Agreement, on the day and year first above written. Attest: CITY OF AVENTURA By: Ellisa L. Horvath, MMC Howard S. Weinberg, Esq. City Clerk Mayor Approved as to Legal Sufficiency for City's Reliance Only: Robert Meyers City Attorney Weiss Serota Helfman Cole + Bierman, P.L. BRYAN PEGUES By: Bryan Pegues Page 5 of 5 CITY OF "ENTURA OFFICE OF CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager C4� BY- Robert Meyers, Office of City Attorney DATE: June 28, 2024 SUBJECT: Resolution to Amend Rules of Decorum and Participation Resolution July 2, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve a resolution to amend the Rules of Decorum and Participation Resolution by further defining the "disruptive conduct" term. BACKGROUND City Commission meetings are considered limited public forums, enabling government to establish reasonable time, place and manner restrictions. Such restrictions may be imposed to provide for uniform rules of public participation and decorum and for the orderly and effective operation of these meetings. By enacting Resolution 2023-30, the City Commission determined that rules of decorum and participation were important to the orderly operation of Commission meetings and to formalize processes for addressing possible disruptive conduct at these meetings. Other than advising speakers that impertinent or slanderous remarks will not be permitted at a City Commission meeting, there is no definition of disruptive conduct contained in the 2023 Resolution. The proposed Resolution offers further guidance as to the meaning of disruptive conduct, by citing additional examples of speech during a Commission meeting which is not protected by the First Amendment. This Resolution has no impact on the City's budget. CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE RULES OF DECORUM SET FORTH IN RESOLUTION 2023-30 BY FURTHER ELABORATING ON THE MEANING OF DISRUPTIVE CONDUCT DURING PUBLIC MEETINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 4.01 of the City Charter of the City of Aventura, Florida, provides that the City Commission may establish procedures relative to City Commission meetings and agendas; and WHEREAS, Resolution 96-18 set forth the general authority for the Mayor to maintain decorum at Commission meetings but cites no specific rules or policies for the Mayor to rely on when a speaker or member of the audience acts in a manner prejudicial to the proper conduct of a City Commission meeting; and WHEREAS, the City Commission adopted Resolution 2023-30 to establish rules of decorum and also require speakers to refrain from disruptive conduct when addressing the City Commission at a public meeting; and WHEREAS, the term "disruptive conduct" is not defined in Resolution 2023-30 other than referencing impertinent or slanderous comments; and WHEREAS, the City Commission wishes to amend the Rules of Decorum by offering further guidance to the public by providing additional examples of prohibited disruptive conduct, potentially resulting in a person relinquishing the right to continue to speak at a meeting; and WHEREAS, the approval of this Resolution is in the best interest and welfare of the residents of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT: Section 1. Resolution 2023-30 is hereby amended to further define the term "disruptive conduct." Section 2. Section 3 "Decorum Speaker" is hereby amended to read as follows: That any person making impertinent or slanderous remarks or who becomes boisterous while the addressing the Commission shall relinquish the right to continue to speak. If, after sufficient warning by the Mayor, the speaker fails to cease the disruptive conduct, City of Aventura Resolution No. 2024- including, but not limited to, making comments characterized as hate speech, fighting words, or defamation of character, the individual shall be removed from the meeting by the Aventura Police Department, at the direction of the Mayor, for the remainder of the meeting. Section 3. Conflict. All Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict, Section 4. Severability. If any clause, section, or other part of the application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so as not affecting the validity of the remaining portions or applications of this Resolution, Section 5. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of July, 2024. Page 2 of 3 City of Aventura Resolution No. 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 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: June 28, 2024 SUBJECT: Authorization of Emergency Procurement Exceeding Threshold for Landscape Repairs due to June 12, 2024 Storm Event July 2, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize emergency procurement of landscape repair work exceeding threshold as defined in subsection 2-252(c) of Code of Ordinances. BACKGROUND The landscaping infrastructure of the City of Aventura suffered extensive damage due to the severe flooding on June 12, 2024, as detailed below: Area Contactor Cost City of Aventura Right-of-Ways Brightview Landscape Services $193,773 Biscayne Boulevard SFM Landscape Services $19,550 Government Center SFM Landscape Services $1,080 Total: $214,403 FUNDING The work will be funded from Hurricane/Emergency Recovery Operating Fund. JO/gf Attachments J 024012 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE EXPENDITURE OF FUNDS BY THE CITY MANAGER FOR EMERGENCY PURCHASES AUTHORIZED BY SECTION 2-252(D) OF THE CITY CODE FOR LANDSCAPING MATERIALS AND SERVICES FROM BRIGHTVIE , INC. IN CONNECTION WITH THE JUNE 12-14 RAINFALL EVENT CAUSING FLASH FLOODING AND OTHER DAMAGE TO CERTAIN PARTS OF THE CITY; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura experienced several days of unprecedented rainfall, flooding roadways and properties throughout the City ("the Event"); and WHEREAS, the Governor of Florida and the Mayor of Miami-Dade County, declared a state of emergency for Miami-Dade County, and the City Manager declared a state of local emergency in the City of Aventura on account of this Event; and WHEREAS, landscaping at a number of the City's rights of way ("ROW") have been seriously damaged or destroyed; and WHEREAS, the City Manager pursuant to Section 2-252(d) of the City Code is authorized to make emergency purchases for the acquisition of supplies, equipment and services as a result of an emergency; and WHEREAS, the City Manager received a proposal from Brightview, Inc. (a City vendor) to remove and replace the damaged landscaping in the City's ROWs due to the flooding from the storm; and WHEREAS, the City Manager is recommending that the proposal submitted by Brightview, Inc. for these services, attached hereto as Exhibit"A", is necessary to alleviate any potential dangers to the health and safety to persons and property located in the City; and WHEREAS, staff is aware that this project is a non-budgeted expenditure and will be appropriated in a mid-year budget amendment; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of approving the emergency purchase of these landscaping services. City of Aventura Resolution No. 2024- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Purchase Approved. That the City Commission hereby approves the emergency purchase of landscaping services identified in the scope of work submitted by Brightview, Inc. at the quoted price. Section 3. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purpose of this Resolution. Section 4. Effective Date. That this Resolution shall take effect immediately upon its passage and adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of July 2024. Page 2 of 3 City of Aventura Resolution No. 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 June 18,2024 BrightView Page 1 of 3 Landscape Services Proposal for Extra Work at City of Aventura ROW Property Name City of Aventura ROW Contact Jake Ozyman Property Address 19200 West Country Club Dr To City of Aventura Aventura, FL 33180 Billing Address 19200 W Country Club Dr Aventura, FL 33180 Project Name REPLACE THE FOLLOWING DUE TO FLOOD DAMAGE Project Description REMOVE DAMAGED LANDSCAPE MATERIAL, INSTALL SOIL, LANDSCAPE MATERIAL, STONE AND MULCH Scope of Work QTY UoM/Size Material/Description Unit Price Total .............................................................................................................................................................................................................................................................................. 1.00 EACH AVENTURA BLVD..ISLANDS 2,3,4,5,6, $0.00 $0.00 1,410.00 EACH Jasmine Wax- 3 gal. Shrub/Perennial Installed AS PER $14.00 $19,740.00 LINE HH 13.00 YARD SOIL AS PER LINE F $90.00 $1,170.00 1.00 PALLET FLORATAM SOD AS PER LINE N $500.00 $500.00 1.00 EACH NORTH EAST 183RD STREET $0.00 $0.00 130.00 EACH Jasmine Wax- 3 gal. Shrub/Perennial Installed AS PER $14.00 $1,820.00 LINE HH 1.00 EACH NORTH EAST 213 STREET ISLAND 1,2,4, $0.00 $0.00 87.00 EACH Arbicola Trinette as per line- 3 gal.Shrub/Perennial $14.00 $1,218.00 Installed AS PER LINE NN 240.00 EACH Jasmine Wax- 3 gal. Shrub/Perennial Installed AS PER $14.00 $3,360.00 LINE HH 90.00 EACH FICUS GREEN ISLAND AS PER LINE DID $15.00 $1,350.00 4.00 YARD SOIL AS PER LINE F $90.00 $359.99 1.00 PALLET FLORATAM SOD AS PER LINE N $500.00 $500.00 1.00 EACH COUNTRY CLUB DRIVE CENTER MEDIANS $0.00 $0.00 65.00 EACH Arbicola DAZZLE as per line- 3 gal. Shrub/Perennial $16.00 $1,040.00 Installed AS PER LINE MM 45.00 EACH FICUS TRIANGULARIS as per line- 3 gal. $16.00 $720.00 Shrub/Perennial Installed AS PER LINE MM 130.00 EACH FICUS GREEN ISLAND AS PER LINE DID $15.00 $1,950.00 9.00 YARD SOIL AS PER LINE F $90.00 $809.96 29.00 PALLET FLORATAM SOD AS PER LINE N $500.00 $14,500.00 1.00 EACH COUNTRY CLUB DRIVE SIDEWALK ISLANDS $0.00 $0.00 15.00 PALLET FLORATAM SOD AS PER LINE N $499.99 $7,499.79 15.00 PALLET FLORATAM SOD AS PER LINE N $499.99 $7,499.79 160.00 EACH FICUS TRIANGULARIS as per line- 3 gal. $16.00 $2,560.00 Shrub/Perennial Installed AS PER LINE MM THIS IS NOT AN INVOICE This proposal is valid for thirty(30)days unless otherwise approved by Contractor's Senior Vice President 2711 SW 36th St,Dania Beach,FL 33312 ph.(561)848-1575 fax(561)848-8104 June 18,2024 Brlghtvlew Page 2 of 3 L-d-pe Services Proposal for Extra Work at City of Aventura ROW 4.00 YARD SOIL AS PER LINE F $90.00 $359.99 1.00 EACH 34TH AVENUE $0.00 $0.00 35.00 EACH IXORA NORA GRANT 7 GALLON CONTAINER AS PER $55.00 $1,925.00 LINE X 1.00 EACH NORTHEAST 207TH STREET $0.00 $0.00 415.00 EACH Jasmine Wax- 3 gal. Shrub/Perennial Installed AS PER $14.00 $5,810.00 LINE HH 7.00 PALLET FLORATAM SOD AS PER LINE N $499.97 $3,499.80 1.00 EACH 34TH AVENUE WEST SIDE $0.00 $0.00 1.00 PALLET FLORATAM SOD AS PER LINE N $499.96 $499.96 800.00 EACH WORT FERN- 3 gal.Shrub/Perennial Installed AS PER $15.00 $12,000.00 LINE JJ 1.00 EACH 29TH AVENUE/31AT AVENUE $0.00 $0.00 150.00 EACH FICUS TRIANGULARIS as per line- 3 gal. $16.00 $2,400.00 Shrub/Perennial Installed AS PER LINE MM 80.00 EACH Jasmine Wax- 3 gal. Shrub/Perennial Installed AS PER $14.00 $1,120.00 LINE HH 1.00 EACH 28TH COURT $0.00 $0.00 4.00 YARD SOIL AS PER LINE F $90.00 $359.99 320.00 EACH Jasmine Wax- 3 gal. Shrub/Perennial Installed AS PER $14.00 $4,480.00 LINE HH 1.00 EACH 185TH STREET $0.00 $0.00 1,250.00 EACH Jasmine Wax- 3 gal. Shrub/Perennial Installed AS PER $14.00 $17,500.00 LINE HH For internal use only SO# 8438960 JOB# 353600015 Service Line 130 T $116,552.27 THIS IS NOT AN INVOICE This proposal is valid for thirty(30)days unless otherwise approved by Contractor's Senior Vice President 2711 SW 36th St,Dania Beach,FL 33312 ph.(561)848-1575 fax(561)848-8104 June 18,2024 Page 3 of 3 TERMS & CONDITIONS I. The Contractor shall recognize and perform in accordance with written terms,written 15. Cancellation:Notice of Cancellation of work must be received in writing before the specifications and drawings only contained or referred to herein.All materials shall conform crew is dispatched to their location or Customer will be liable for a minimum travel to bid specifications. charge of$150.00 and billed to Customer. 2. Work Force:Contractor shall designate a qualified representative with experience in The following sections shall apply where Contractor provides Customer with tree care landscape maintenance/construction upgrades or when applicable in tree management. services: The workforce shall be competent and qualified,and shall be legally authorized to work in the U.S. 16. Tree&Stump Removal:Trees removed will be out as close to the ground as possible based on conditions to or next to the bottom of the tree trunk.Additional charges will be 3. License and Permits: Contractor shall maintain a Landscape Contractors license, if levied for unseen hazards such as,but not limited to concrete brick filled trunks,metal required by State or local law,and will comply with all other license requirements of the rods,etc.If requested mechanical grinding of visible tree stump will be done to a defined City,State and Federal Governments,as w e I I as all other requirements of law.Unless width and depth below ground level at an additional charge to the Customer.Defined otherwise agreed upon by the parties or prohibited by law,Customer shall be required to backfill and landscape material may be specified.Customer shall be responsible for obtain all necessary and required permits to allow the commencement of the Services on contacting the appropriate underground utility locator company to locate and mark the property. underground utility lines prior to start of work Contractoris not responsible damage done to underground utilities such as but not limited to,cables,wires,pipes,and irrigation 4. Taxes:Contractor agrees to pay all applicable taxes,including sales or General Excise parts.Contractor will repair damaged irrigation lines at the Customers expense. Tax(GEC,where applicable. 17. Waiver of Liability:Requests for crown thinning in excess of twenty-five percent(25%) 5. Insurance:Contractor agrees to provide General Liability Insurance,Automotive Liability or work not in accordance with ISA(international Society of Arbonculturaq standards Insurance,Workers Compensation Insurance,and any other insurance required by law or will require a signed waiver of liability. Customer, as specified in writing prior to commencement of work. If not specified, Contractor will furnish insurancewith$1,000pmlimit of liability. Acceptance of this Contract By executing this document,Customer agrees to the formation of a binding contract and to the 6. Liability:Contractor shall not be liable for any damage that occurs from Acts of God terms and conditions set forth herein.Customer represents that Contractor is authorized to defined as extreme weather conditions,fire,earthquake,etc.and rules,regulations or perform the work stated on the face of this Contract.If payment has not been received by restrictions imposed by any government or governmental agency, national or regional Contractor per payment terms hereunder,Contractor shall be entitled to all costs of collection, emergency,epidemic, pandemic, health related outbreak or other medical events not including reasonable attorneys'fees and it shall be relieved of any obligation to continue caused by one or other delays or failure of performance beyond the commercially performance under this or any other Contract with Customer.Interest at a per annum rate of reasonable control of either party.Under these circunstances,Contractor shall have the 1.5%per month(18%per year),or the highest rate permitted by law,may be charged on unpaid right to renegotiate the terms and prices of this Contract within sixty(60)days. balance 15 days after billing. 7. Any illegal trespass,claims and/or damages resulting from work requested that is not on NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON property owned by Customer or not under Customer management and control shall be the CONSTRUCTION JOBS,MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR sole responsibility of the Customer. PROPERTY 8. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment. Customer 9. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders,and will become an extra charge over and above the a st i mate. Public Works&Transportation 10. Access to Jobsite: Customer shall provide all utilities to perform thework.Customer Signature Title Director shall furnish access to all parts of jobsite where Contractor is to perform work as required by the Contract or other functions re I a t e d thereto,during normal business hours and other reasonable periods of time.Contractor will perform the work as reasonably practical Jake Ozyman June 18,2024 after the Customer makes the site available for performance of the work. Printed Name Date I]. Payment Terms:Upon signing this Agreement,Customer shall pay Contractor 50%of the Proposed Price and the remaining balance shall be paid by Customer to Contractor upon completion of the project unless otherwise,agreed to in writing. 12. Termination:This Work Order may be terminated by the either party with orwithout cause, BrightView Landscape Services,Inc."Contractor" upon seven(7)workdays advance written notice.Customer will be required to pay for all materials purchased and work complete to the date of termination and reasonable charges Account Manager,Senior incurred in demobilizing. Signature Title 13. Assignment: The Customer and the Contractor respectively, bind themselves, their partners,successors,assignees and legal representative to the other party with respect Laura Groth June 18,2024 to all covenants of this Agreement.Neither the Customer nor the Contractor shall assign or transfer any interest inthis Agreement without the written consent of the other provided, Printed Name Date however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities,consolidation, change of control or corporate reorganization Job#: 353600015 14. Disclaimer:This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means,at or about the time this proposal was SO#: 8438960 Proposed Price: $116,552.27 prepared.The price quoted in this proposal f o r the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein,or liable for any incidents/accidents resulting from conditions,that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. Contractor cannot be held responsible for unknown or otherwise h i d d e n defects.Any corrective work proposed herein cannot guarantee exact results.Professional engineering, architectural,and/or landscape design services("Design Services')are not included in this Agreement and shall not be provided by the Contractor.Any design defects in the Contract Documents are the sole responsibility of the Customer.If the Customer must engage a licensed engineer,architect and/or landscape design professional,any costs concerning these Design Services are to be paid by the Customer directly to the designer involved. June 18,2024 BrightView Page 1 of 2 Landscape Services Proposal for Extra Work at City of Aventura ROW Property Name City of Aventura ROW Contact Jake Ozyman Property Address 19200 West Country Club Dr To City of Aventura Aventura, FL 33180 Billing Address 19200 W Country Club Dr Aventura, FL 33180 Project Name REPLACE THE FOLLOWING DUE TO FLOOD DAMAGE Project Description EQUIPMENT, LABOR, DUMP FEES TO REMOVE FLOOD DAMAGED MATERIAL, INSTALL SOIL IN WASKED OUT AREAS, REGR Scope of Work QTY UoM/Size Material/Description Unit Price Total .............................................................................................................................................................................................................................................................................. 1.00 EACH REPAIR FLOOD DAMAGED AREAS IN CITY RIGHT OF $0.00 $0.00 WAYS 80.00 HOUR ONE LANDSCAPE FOREMAN AS PER SCHEDULE A $45.00 $3,600.00 400.00 HOUR 5 LANDSCAPE LABORER AS PER LINE B $35.00 $14,000.00 10.00 DAY ONE DUMP TRUCK AS PER LINE D/WEEKLY RATE $360.00 $3,600.00 1.00 WEEK BOBCAT WITH OPERATOR WEEK RATE $2,500.00 $2,500.00 80.00 HOUR ONE IRRIGATION REPAIR SPECIALIST AS PER LINE J $55.00 $4,400.00 160.00 HOUR 2 IRRIGATION LABORERS AS PER LINE K $35.00 $5,600.00 1,000.00 CUBIC YARD MULCH AS PER LINE O $40.00 $40,000.00 160.00 CUBIC YARD DUMP FEES $22.00 $3,520.00 1.00 EACH ALL IRRIGATION PARTS SUPPLIED BY CITY $0.00 $0.00 For internal use only SO# 8439038 JOB# 353600015 Service Line 130 T $77,220.00 THIS IS NOT AN INVOICE This proposal is valid for thirty(30)days unless otherwise approved by Contractor's Senior Vice President 2711 SW 36th St,Dania Beach,FL 33312 ph.(561)848-1575 fax(561)848-8104 June 18,2024 Page 2 of 2 TERMS & CONDITIONS I. The Contractor shall recognize and perform in accordance with written terms,written 15. Cancellation:Notice of Cancellation of work must be received in writing before the specifications and drawings only contained or referred to herein.All materials shall conform crew is dispatched to their location or Customer will be liable for a minimum travel to bid specifications. charge of$150.00 and billed to Customer. 2. Work Force:Contractor shall designate a qualified representative with experience in The following sections shall apply where Contractor provides Customer with tree care landscape maintenance/construction upgrades or when applicable in tree management. services: The workforce shall be competent and qualified,and shall be legally authorized to work in the U.S. 16. Tree&Stump Removal:Trees removed will be out as close to the ground as possible based on conditions to or next to the bottom of the tree trunk.Additional charges will be 3. License and Permits: Contractor shall maintain a Landscape Contractors license, if levied for unseen hazards such as,but not limited to concrete brick filled trunks,metal required by State or local law,and will comply with all other license requirements of the rods,etc.If requested mechanical grinding of visible tree stump will be done to a defined City,State and Federal Governments,as w e I I as all other requirements of law.Unless width and depth below ground level at an additional charge to the Customer.Defined otherwise agreed upon by the parties or prohibited by law,Customer shall be required to backfill and landscape material may be specified.Customer shall be responsible for obtain all necessary and required permits to allow the commencement of the Services on contacting the appropriate underground utility locator company to locate and mark the property. underground utility lines prior to start of work Contractoris not responsible damage done to underground utilities such as but not limited to,cables,wires,pipes,and irrigation 4. Taxes:Contractor agrees to pay all applicable taxes,including sales or General Excise parts.Contractor will repair damaged irrigation lines at the Customers expense. Tax(GEC,where applicable. 17. Waiver of Liability:Requests for crown thinning in excess of twenty-five percent(25%) 5. Insurance:Contractor agrees to provide General Liability Insurance,Automotive Liability or work not in accordance with ISA(international Society of Arbonculturaq standards Insurance,Workers Compensation Insurance,and any other insurance required by law or will require a signed waiver of liability. Customer, as specified in writing prior to commencement of work. If not specified, Contractor will furnish insurancewith$1,000pmlimit of liability. Acceptance of this Contract By executing this document,Customer agrees to the formation of a binding contract and to the 6. Liability:Contractor shall not be liable for any damage that occurs from Acts of God terms and conditions set forth herein.Customer represents that Contractor is authorized to defined as extreme weather conditions,fire,earthquake,etc.and rules,regulations or perform the work stated on the face of this Contract.If payment has not been received by restrictions imposed by any government or governmental agency, national or regional Contractor per payment terms hereunder,Contractor shall be entitled to all costs of collection, emergency,epidemic, pandemic, health related outbreak or other medical events not including reasonable attorneys'fees and it shall be relieved of any obligation to continue caused by one or other delays or failure of performance beyond the commercially performance under this or any other Contract with Customer.Interest at a per annum rate of reasonable control of either party.Under these circunstances,Contractor shall have the 1.5%per month(18%per year),or the highest rate permitted by law,may be charged on unpaid right to renegotiate the terms and prices of this Contract within sixty(60)days. balance 15 days after billing. 7. Any illegal trespass,claims and/or damages resulting from work requested that is not on NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON property owned by Customer or not under Customer management and control shall be the CONSTRUCTION JOBS,MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO YOUR sole responsibility of the Customer. PROPERTY 8. Subcontractors: Contractor reserves the right to hire qualified subcontractors to perform specialized functions or work requiring specialized equipment. Customer 9. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders,and will become an extra charge over and above the a st i mate. Public Works&Transportation 10. Access t0 Jobsite: Customer shall provide all utilities to perform thework.Customer Signature Title Director shall furnish access to all parts of jobsite where Contractor is to perform work as required by the Contract or other functions re I a t e d thereto,during normal business hours and other reasonable periods of time.Contractor will perform the work as reasonably practical Jake Ozyman June 18,2024 after the Customer makes the site available for performance of the work. Printed Name Date I]. Payment Terms:Upon signing this Agreement,Customer shall pay Contractor 50%of the Proposed Price and the remaining balance shall be paid by Customer to Contractor upon completion of the project unless otherwise,agreed to in writing. 12. Termination:This Work Order may be terminated by the either party with orwithout cause, BrightView Landscape Services,Inc."Contractor" upon seven(7)workdays advance written notice.Customer will be required to pay for all materials purchased and work complete to the date of termination and reasonable charges Account Manager,Senior incurred in demobilizing. Signature Title 13. Assignment: The Customer and the Contractor respectively, bind themselves, their partners,successors,assignees and legal representative to the other party with respect Laura Groth June 18,2024 to all covenants of this Agreement.Neither the Customer nor the Contractor shall assign or transfer any interest inthis Agreement without the written consent of the other provided, Printed Name Date however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities,consolidation, change of control or corporate reorganization Job#: 353600015 14. Disclaimer:This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means,at or about the time this proposal was SO#: 8439038 Proposed Price: $77,220.00 prepared.The price quoted in this proposal f o r the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein,or liable for any incidents/accidents resulting from conditions,that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed. Contractor cannot be held responsible for unknown or otherwise h i d d e n defects.Any corrective work proposed herein cannot guarantee exact results.Professional engineering, architectural,and/or landscape design services("Design Services')are not included in this Agreement and shall not be provided by the Contractor.Any design defects in the Contract Documents are the sole responsibility of the Customer.If the Customer must engage a licensed engineer,architect and/or landscape design professional,any costs concerning these Design Services are to be paid by the Customer directly to the designer involved. 41ISFM SERVICES, INC. Friday, June 21, 2024 Re: Fill-Ins Jake Ozyman City of Aventura 19200 West Country Club Drive Aventura, Fl 33180 Dear Jake, Pursuant to your request, below please find our estimate to provide the following landscaping services to be performed at Biscayne Blvd. Installation for the following costs: Biscayne Blvd Medians Common Name Gallon/Size Quantity Unit Price Ext Price Clussia Small Leaf 3 Gal 160 $ 15.00 $ 2,400.00 Jasmine 3 Gal 165 $ 15.00 $ 2,475.00 Pentas 4.5" 3000 $ 2.40 $ 7,200.00 Vari ated Pittos orum 3 Gal 250 $ 25.00 $ 6,250.00 Removal of old material 1 $ 500.00 $ 500.00 Top Soil Cu Yds 5 $ 55.00 $ 275.00 Debris disposal 1 $ 450.00 $ 450.00 Total $ 19,550.00 Notes: • Taxes added to invoice if applicable. • Delivery and installation included. • Plants damaged by recent flooding. • MOT included. Respectfully Submitted, Make WarW&M Robert Montesino General Manager Landscape Division ACCEPTANCE OF PROPOSAL The above prices specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments terms: 30 days. Date Authorized Signature Print Name 7500 NW 741h avenue Medley Fl.33166•Phone: (305)818-2424 Fax: (305)818-2428 • 41ISFM SERVICES, INC. Tuesday, June 25, 2024 Re: Fill-Ins Jake Ozyman City of Aventura 19200 West Country Club Drive Aventura, Fl 33180 Dear Jake, Pursuant to your request, below please find our estimate to provide the following landscaping services to be performed at Government Center . Installation for the following costs: Government Center Common Name Gallon/Size Quantity Unit Price Ext Price Pentas 4.5" 450 $ 2.40 $ 1,080.00 Total $ 1,080.00 Notes: • Taxes added to invoice if applicable. • Delivery and installation included. • Plants damaged by recent flooding. • MOT included. Respectfully Submitted, Make WarW&O Robert Montesino General Manager Landscape Division ACCEPTANCE OF PROPOSAL The above prices specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments terms: 30 days. Date Authorized Signature Print Name 7500 NW 741h avenue Medley Fl.33166•Phone: (305)818-2424 Fax: (305)818-2428 • 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 DATE: June 28, 2024 SUBJECT: Purchase of Street Lights for Biscayne Boulevard July 2, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to purchase ten (10) Street Lights for Biscayne Boulevard from Torres Electrical Supply Company, Inc., with the total cost not to exceed $273,340. BACKGROUND The Biscayne Boulevard corridor lacks several streetlights because they were damaged in traffic accidents. The City of Aventura (the "City") issued a Request for Quote on November 2, 2023. By November 15, 2023, two (2) proposals were received from the following suppliers: Proposer Bid Amount 1. Torres Electrical Supply $273,340 2. The Arnold Group of Florida $277,250 JO/gf Attachments J 024013 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE PURCHASE OF TEN STREET LIGHTS FROM TORRES ELECTRICAL SUPPLY COMPANY, INC. IN AN AMOUNT NOT TO EXCEED $273,340; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has properly solicited and accordingly accepted bids for the purchase of street lights; and WHEREAS, staff received bids from two companies and has determined that Torres Electrical Supply Company, Inc. ("Vendor") submitted the lowest responsible and responsive bid for street lights; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of approving the said purchase. 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 approves the purchase of the street lights from the Vendor. Section 3. That the City Commission hereby authorizes and requests the City Manager to take all other necessary and expedient actions to implement this Resolution in approving this purchase. 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 Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 2nd day of July, 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 Suppliers Quote Recipients(1) Category Submitted Quote Name v I =r Torres Electrical Supply Stuart,FL Quote Total:$273340 Response Date:11/14/2023 Supplier Details Response Submitted By Torres Electrical Supply Preparer DON DECORSO Address 3190 SE Dominica Terrace,Stuart,FL 34997,United States ofAmerica Phone 772-286-5049 Email ddecorso@torreselectrical.com Price $273340 Status Notes Submitted Quote Complete/Partial Completed Quote Breakdown(1) # Description Quantity Price Subtotals Award Status (Per UOM) 1 Furnish and deliver decorative street lights 10 each $27,334.000 $273,340.00 ❑ as per attached drawings,including the pole,the base,the fixtures,and anchor bolts Subtotals will be rounded up to the nearest cent Total $273,340.00 Award Additional Supplier Information Delivery Details After Receipt of Order(ARO) Additional Details QUOTE PER CITY STANDARD WITH LED UPGRADE. CITY OF "ENTURA POLICE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L BY: Michael Bentolila, Police Chief DATE: June 28, 2024 SUBJECT: Resolution Authorizing Execution of Towing Agreement and Backup Towing Agreement July 2, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution which authorizes the execution of a Towing Agreement with Dolphin Towing and Recovery, Inc., and Backup Towing Agreement with Alpine Towing, Inc. d/b/a Galactic Towing. BACKGROUND As you may be aware, the City currently has a Towing Agreement with Prestige Auto Transport Towing & Recovery, Inc., which will expire on July 15, 2024. That contract was awarded for a three (3) year term in 2018 and was renewed for three (3) additional one (1) year periods pursuant to the prior RFP for towing services. As a result, on February 21, 2024, the City issued a formal request for proposal (RFP) for Towing, Wrecker and Storage Service, RFP #24-03-18-3. A solicitation package was made available from www.demandstar.com and a total five (5) firms went on to submit proposals. On March 21, 2024 sealed proposals were opened from the following firms: ■ Alpine Towing dba Galactic Towing ■ Dolphin Towing & Recovery, Inc. ■ Downtown Towing Company, Inc. ■ Midtown Towing of Miami, Inc. ■ Yellow Towing, LLC dba Sylvias Automotive 1 The results of those submissions are summarized in the "Proposal Tabulation," which is included as Exhibit "A" to the Resolution. The proposals were then reviewed by a Committee. As part of the evaluation process, the Committee shortlisted the five (5) proposals to two (2) companies. After the site inspection, the Committee ranked the firms in order of preference (listed below) as to the most qualified to perform the required services. Committee' s Ranking of Towing Companies in order of preference (with 1 being the best): 1. Dolphin Towing and Recovery, Inc. 2. Alpine Towing dba Galactic Towing Based on the foregoing, it is requested that the City Commission approve the attached Resolution to provide Towing and Recovery Services. A copy of the RFP, submittals by all companies, and other supporting documents are available for review in the Finance Department. 2 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A TOWING CONTRACT TO DOLPHIN TOWING & RECOVERY, INC. AND A BACKUP TOWING CONTRACT TO ALPINE TOWING DBA GALACTIC TOWING, AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura has, pursuant to the various laws of the State of Florida and the Code of Aventura, properly solicited and accordingly accepted proposals from towing, wrecker and storage services pursuant to Request for Proposal (RFP) #24- 03-18-3; and WHEREAS, sealed proposals were submitted to and received by the City pursuant to the City's RFP; and WHEREAS, staff has determined that Dolphin Towing & Recovery, Inc. has submitted the most responsible and responsive bid for said services; and WHEREAS, Alpine Towing d/b/a Galactic Towing has submitted the second most responsible and responsive proposal; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said towing contract and backup towing contract to said most responsible and responsive proposers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the Towing Contract for RFP #24-03-18-3 is hereby awarded to Dolphin Towing and Recovery, Inc. Section 2. That the Backup Towing Contract for RFP #24-03-18-3 is hereby awarded to Alpine Towing d/b/a Galactic Towing. City of Aventura Resolution No. 2024- Section 3. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purpose of this Resolution. Section 4. Effective Date. That this Resolution shall take effect immediately upon its passage and adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of July 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 L � � 0 >2 ¢ �1 ai a E a cu � o M -o � 2 CD N w A V 0 to N a a i n m w gaj OC V o 0 0 0 0 0 u� JF. M j a tw O O O O Z = F. FO N N M E N w m M EA EA �} f, L- > QQQ 'o U cnWa. o = a, o a � wM V Val om V o c Qo, z o �N 2 .5 O CL, w �' z J C to o > z '_ y. An 4, V CL Q n ul O Q m N o O z Q Q N v z O J ay o J > N O Z zV z O z z �_ a CL wQ z O z op a E L 2 -Q q L z © OQ , c N CL inJ J 1- N 4G >- Q O o 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: June 28, 2024 SUBJECT: FDOT Beautification Grant July 2, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to apply for and accept a beautification grant, and enter into a beautification grant, landscape construction, and maintenance memorandum of agreement with the Florida Department of Transportation (FDOT). BACKGROUND The City of Aventura beautifies and improves various rights of way by landscaping within the state owned rights-of-way. The FDOT's Beautification Grant Program aims to enhance the attractiveness of landscapes and facilities on the State owned rights-of-way. If approved, the grant will pay for site preparation, purchase and installation of plant materials, soil amendments, and irrigation systems, up to $102,000. 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 AND ACCEPT A BEAUTIFICATION GRANT, AND ENTER INTO A BEAUTIFICATION GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many roadside areas and median strips within the Florida Department of Transportation's rights of way must be maintained and attractively landscaped; and WHEREAS, the City of Aventura ("City") beautifies and improves various rights of way by landscaping within the City; and WHEREAS, the City Commission authorizes the City Manager to apply for a Beautification Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Beautification Grant, Landscape Construction and Maintenance Memorandum of Agreement between the City and the Florida Department of Transportation; 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 of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Manager Authorized. That the City Commission hereby authorizes the City Manager to apply for a Beautification Grant from the Florida Department of Transportation, and if awarded, to accept the grant, and enter into a Beautification Grant, Landscape Construction, and Maintenance Memorandum of Agreement between the City and the Florida Department of Transportation. Section 3. Implementation. That the City Commission hereby authorizes the City Manager to execute the Agreement, and take any other actions necessary to implement the purposes of this Resolution. City of Aventura Resolution No. 2024- Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED AND ADOPTED this 2nd day of July, 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 MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L DATE: June 28, 2024 SUBJECT: Adoption of a Resolution and Ordinance Regarding a Memorandum of Understanding with the Police Benevolent Association July 2, 2024 City Commission Meeting Agenda (Resolution) July 2, 2024 City Commission Meeting Agenda (Ordinance First Reading) September 3, 2024 City Commission Meeting Agenda (Ordinance Second Reading) RECOMMENDATION It is recommended that the City Commission approve the adoption of this Memorandum of Understanding (MOU) to ensure equal treatment of all Bargaining Unit Members hired between October 1, 2000, and October 1, 2003, and to fulfill our obligations under the negotiated terms with the Union. BACKGROUND The Police Benevolent Association (PBA) represents a bargaining unit of the City's police officers and sergeants, who are participants in the City of Aventura Police Officers' Retirement Plan (the "Plan"). The Plan established effective October 1, 2003, succeeded a City-sponsored 401 a defined contribution plan (the "401 a Plan"). KEY HISTORICAL AGREEMENTS AND CHANGES The 401 a Plan, funded entirely by the City, was in place before October 1, 2003. An Addendum to the initial collective bargaining agreement (2002-2005) allowed members hired before October 1, 2000, to receive service credit in the Plan for all their service at a three percent multiplier rate, contingent on transferring all 401 a Plan funds to the Plan. The Addendum did not extend similar service credit benefits to members hired between October 1, 2000, and October 1, 2003, but allowed them to retain their 401 a Plan balances. In a 2018 MOU, the City and Union agreed to amend the Plan, permitting members hired between October 1, 2000, and October 1, 2003, to purchase service credit for their service Memo to City Commission Page 2 before October 1, 2003, at their own expense. Subsequently, Katina Rodriguez and Jason Fernandez exercised this right. CURRENT AGREEMENT The new MOU seeks to extend similar benefits to all Bargaining Unit employees hired between October 1, 2000, and October 1, 2003, including those who have already retired. KEY TERMS OF THE NEW MOU 1. The City shall adopt the attached ordinance amendment for the first reading on July 2nd, 2024. 2. The MOU will apply to the Plan Members listed in Exhibit "B". 3. Each non-retired Plan Member will have the option to receive service credit for all their police service at a three percent multiplier rate, subject to rolling over their entire 401 a Plan balances to the Plan, or at a two percent multiplier rate if they retain their 401 a Plan balances. 4. The Plan will reimburse the two members for the difference between what they paid to purchase service and their respective 401 a Plan balances as of ratification. 5. Each employee must sign an individual agreement with the City, waiving specific rights related to the issues addressed in the MOU. 6. Both Parties have consulted legal counsel before executing the MOU. 7. The MOU does not modify the existing collective bargaining agreement except as specified. FINANCIAL IMPACT Implementing this MOU will have a financial impact on the City, estimated to be between $550,000 and $650,000. This cost arises from the reimbursement associated with the service credit adjustments. Please feel free to reach out with any questions or for further clarifications. Attachment RJW/act CC04020-24 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AVENTURA AND THE POLICE BENEVOLENT ASSOCIATION ENABLING ALL BARGAINING UNIT EMPLOYEES HIRED BETWEEN OCTOBER 1, 2000 AND OCTOBER 1, 2003 TO PURCHASE SERVICE CREDIT UNDER THE SAME OR SIMILAR TERMS AS BARGAINING UNIT EMPLOYEES HIRED BEFORE OCTOBER 1, 2000; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Union represents a bargaining unit of the City's police officers and sergeants ("Bargaining Unit Members"); and WHEREAS, the members of the bargaining unit represented by the Union are participants in the City of Aventura Police Officers' Retirement Plan (hereinafter "Plan"); and WHEREAS, the Plan was established effective October 1, 2003; and WHEREAS, prior to the establishment of the Plan, Bargaining Unit Members participated in a City-sponsored 401 a defined contribution plan ("401 a Plan"), which was funded entirely by contributions from the City; and WHEREAS, on or about October 7, 2003, the Parties entered into an Addendum to their initial collective bargaining agreement covering the period October 1, 2002 to September 30, 2005 (the "Addendum"); and WHEREAS, the Addendum permitted all Bargaining Unit Members hired prior to October 1, 2000 to receive service credit in the Plan for all of their City police service at a three percent multiplier rate provided that they transferred all funds in their respective 401 a Plans to the Plan or at a two percent multiplier rate if any such members preferred to retain their respective 401 a Plan balances; and WHEREAS, the Addendum did not permit any Bargaining Unit Members hired after October 1, 2000 and before October 1, 2003 to receive service credit in the Plan for their service prior to October 1, 2003, but enabled such members to retain the funds in their respective 401 a Plans; and WHEREAS, by Memorandum of Understanding dated February 26, 2018, the Parties agreed to amend the Plan to allow Plan members hired between October 1, 2000 and October 1, 2003 to purchase service credit from their respective dates of hire through September 30, 2003 at their own respective expenses, and the Plan was subsequently City of Aventura Resolution No. 2024- amended to implement that agreement; and WHEREAS, the Parties now desire to allow all Bargaining Unit employees hired between October 1, 2000 and October 1, 2003— including those who exercised their right to purchase such service credit and three additional officers who were hired during that time but have already retired —to purchase service credit under the same or similar terms as Bargaining Unit Employees hired before October 1, 2000; and WHEREAS, the City Commission believes it is in the best interest of the City to approve the Memorandum of Understanding, attached hereto as Exhibit "A", between the City of Aventura and the Police Benevolent Association and enact an Ordinance at a future date reflecting the changes to the Retirement Plan as specified in the attached Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Memorandum of Understanding Approved. That the City Commission hereby approves the Memorandum of Understanding between the City and the Police Benevolent Association enabling all bargaining unit employees hired between October 1, 2000 and October 1, 2003 to purchase service credit under the same or similar terms as bargaining unit employees hired before October 1, 2000. Section 3. Implementation. That the City Manager is hereby authorized to take all actions necessary to implement the purpose of this Resolution. Section 4. Effective Date. That this Resolution shall take effect immediately upon its passage and adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 2nd day of July 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 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into by and between the City of Aventura (the "City") and the South Florida Police Benevolent Association (the "Union") (hereinafter collectively referred to as,the "Parties"). WHEREAS, the Union represents a bargaining unit of the City's police officers and sergeants ("Bargaining Unit Members"); WHEREAS,the members of the bargaining unit represented by the Union are participants in the City of Aventura Police Officers' Retirement Plan (hereinafter"Plan"); WHEREAS,the Plan was established effective October 1, 2003; WHEREAS,prior to the establishment of the Plan, Bargaining Unit Members participated in a City-sponsored 401 a defined contribution plan ("401 a Plan"), which was funded entirely by contributions from the City; WHEREAS, on or about October 7, 2003, the Parties entered into an Addendum to their initial collective bargaining agreement covering the period October 1,2002 to September 30, 2005 (the "Addendum"); WHEREAS,the Addendum permitted all Bargaining Unit Members hired prior to October 1, 2000 to receive service credit in the Plan for all of their City police service at a three percent multiplier rate provided that they transferred all funds in their respective 401a Plans to the Plan or at a two percent multiplier rate if any such members preferred to retain their respective 401 a Plan balances; WHEREAS, the Addendum did not permit any Bargaining Unit Members hired after October 1, 2000 and before October 1, 2003 to receive service credit in the Plan for their service prior to October 1, 2003, but enabled such members to retain the funds in their respective 401a Plans; WHEREAS, by Memorandum of Understanding dated February 26, 2018, the Parties agreed to amend the Plan to allow Plan members hired between October 1, 2000 and October 1, 2003 to purchase service credit from their respective dates of hire through September 30, 2003 at their own respective expenses, and the Plan was subsequently amended to implement that agreement; WHEREAS,two Bargaining Unit employees hired between October 1, 2000 and October 1, 2003 —Katina Rodriguez and Jason Fernandez— subsequently exercised their right to purchase such service credit; and WHEREAS,the Parties now desire to allow all Bargaining Unit employees hired between October 1, 2000 and October 1, 2003 — including those referenced above and three additional officers who were hired during that time but have already retired—to purchase service credit under the same or similar terms as Bargaining Unit Employees hired before October 1, 2000. NOW THEREFORE, the parties agree as follows: 1. By no later than September 30, 2024, the City shall adopt the ordinance amendment attached hereto as Exhibit"A.' 2. This Memorandum of Understanding shall apply to the Plan Members listed in Exhibit`B" hereto. 3. Each of the Plan Members who have not already retired will have the option of receiving service credit for all of their police service: (i) at a three percent multiplier rate in consideration for their opting to rollover their entire 401 a Plan balances to the Plan attributable to their City service as police officers inclusive of repayment of any loans taken from such Plans; or(ii) at a two percent multiplier rate in which case they may retain their 401 a Plan balances. 4. The two members hired between October 1, 2000 and October 1, 2003 who already commenced purchasing service credit for their time worked prior to October 1, 2003 (Katina Rodriguez and Jason Fernandez) shall have the same option as referenced in section 3 above; however, should either Officer wish to receive service credit at the three percent multiplier rate, such Officer(s)must first rollover to the Plan their entire 401 a Plan balances as of their retirement date, inclusive of any loans they took from their 401a Plan balance. 5. The two members hired between October 1,2000 and October 1, 2003 shall be reimbursed by the Plan for the balance between what they paid to purchase such service and their respective 401 a Plan balances as of ratification(inclusive of any loans they took from their 401 a Plan balances). 6. The Parties agree and understand that, in order to receive service credit pursuant to this Agreement and corresponding Plan Ordinance Amendment, each employee must sign an individual agreement with the City which waives their respective rights related to the issues referenced herein in the form attached hereto as Exhibit"C." 7. The parties have had the opportunity to consult with legal counsel of their choosing prior to executing this MOU. 8. Other than as specifically set forth herein,this MOU does not modify the parties' collective bargaining agreement. 9. The parties agree that this MOU represents the Parties' entire agreement with regards to this subject matter, and that it cannot be amended or modified without express written consent of the parties. Done this 2nd day of July, 2024 City of Aventura: South Florida Police Benevolent Association Ron Wasson, City Manager Steadman Stahl, President Date Date CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-37 "TIME OF HIRE"; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan ("Retirement Plan"), and which is codified in Chapter 36 of the City Code of Ordinances; and WHEREAS, prior to the establishment of the Retirement Plan, certain police officer members participated in a City-sponsored 401 a defined contribution plan ("401 a Plan") which was funded entirely by contributions from the City as the employer; and WHEREAS, on or about October 7, 2003, the City and the South Florida Police Benevolent Association ("PBA"), on behalf of certain police officer members, entered into an Addendum to their initial Collective Bargaining Agreement covering the period from October 1, 2002 to September 30, 2005 (the "Addendum"); and WHEREAS, the City and the PBA now desire to allow all police officer members of the Retirement Plan to purchase service credit under the same or similar terms as members hired prior to October 1, 2000; and WHEREAS, the City and the PBA have entered into a Memorandum of Understanding, dated July 2, 2024 ("MOU"), setting forth their agreement for certain police officer members hired after October 1, 2000 but before October 1, 2003, to receive credited service in the Retirement Plan; and WHEREAS, the Board of Trustees of the City of Aventura Police Officers' Retirement Plan has recommended an amendment to the Retirement Plan to comply with the MOU; and WHEREAS, the trustees of the City of Aventura Police Officers' Retirement Plan have requested and approved the amendments provided herein as being in the best interests of the participants and beneficiaries and improving the administration of the Plan; and City of Aventura Ordinance No. 2024- WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to this change; and WHEREAS, the City Commission deems it to be in the public interest to provide this change to the Retirement Plan for its police officers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Section 1. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-37, "Time of hire", of the City Code of Ordinances be amended as follows: Sec. 36-37. - Time of hire. (a) Employees hired as a City of Aventura Police Officer prior to October 1, 2000 shall be eligible to receive credited service from the initial date of employment as a police officer at the plan's three percent benefit accrual rate, provided the employee transfers all funds from the City 401(a) plan to the defined benefit plan effective October 1, 2003. Employees hired as a City of Aventura Police Officer prior to October 1, 2000 who elect not to transfer all funds from the City 401(a) plan shall only receive prior credited service at a two percent benefit accrual rate. The City shall make no further contributions to the 401(a) plan. Employees hired as a City of Aventura Police Officer on or after October 1, 2000 shall receive credited service effective October 1, 2003 and shall retain all balances to their credit in the 401(a) plan; provided, however, that the City shall make no further contributions to the 401(a) plan. Employees hired as a City of Aventura Police Officer on or after October 1, 2000 shall continue to accrue vesting rights in the 401(a), but the City shall make no additional contributions. (c) Notwithstanding (b) above. Aany employee hired on or after October 1, 2000 and prior to October 1, 2003, and named in the Memorandum of Understanding between the City of Aventura and the Police Benevolent Association, dated February 26, 2018 may Words in s+F�at type are deletions from exist text and word in underline type are additions to existing text. Page 2 of 7 City of Aventura Ordinance No. 2024- purchase credited service for service rendered to the City as a police officer between October 1, 2000 and September 30, 2003 as set forth below- (1) Said election shall be made in writing no later than August 31, 2018 on a form approved by the Board of Trustees; (2) Subject to Paragraph d. of Subsection (6) below, prior to the employee's separation from service with the City for any reason, the employee shall pay the full actuarial cost of the purchase, as determined by the plan's actuary; (3) The employee shall pay in advance any expenses related to the actuarial calculation, as determined by the Board of Trustees; (4) The payment shall be made by either, or a combination, of the following means: a. Trustee to trustee transfer from an eligible retirement plan or a 457 plan; and b. Installment payments including interest at the plan's actuarially assumed rate of investment return pursuant to an irrevocable payroll deduction authorization as set forth in Subsection (6) below. (5) Any years and months of service purchased hereunder shall be treated as credited service within the meaning of Section 36-22 of the retirement plan. (6) Installment payments shall be subject to the following conditions: a. The employee must execute an irrevocable payroll deduction authorization form, specifying the amount of the bi-weekly deductions and the duration of the authorization. The specified amount shall be that determined by the plan's actuary to be sufficient to pay the entire actuarial cost of the purchase within the specified duration of the payroll deduction authorization, which duration shall not extend beyond the earlier of- 1. Three years from the date of the employee's first paycheck after September 30, 2018; and Page 3 of 7 City of Aventura Ordinance No. 2024- 2. The earliest date upon which the employee would become eligible for normal retirement under Section 36-26. b. The deducted amounts shall be contributed to the retirement plan and shall be considered employee contributions that are "picked-up" (within the meaning of Section 414(h)(2) of the Internal Revenue Code) by the City. The employee shall not be entitled to any option of directly receiving cash in lieu of the amounts subject to deduction. Picked-up contributions shall be made from the same source as the payment of salary and wages to the employee; C. The amount provided in the payroll deduction authorization shall include interest, as calculated by the plan's actuary, at the retirement plan's actuarially assumed rate of return on investments. d. If, upon the date of the employee's separation from service with the City for any reason, there remains an unpaid balance of the actuarial cost of the purchase, then the employee shall receive years (and fractions thereof) of service credit in accordance with the amount of the cost paid prior to separation. (d) Notwithstanding (b) and (c) above, any employee hired on or after October 1, 2000 and prior to October 1, 2003, and named in the Memorandum of Understanding between the City of Aventura and the Police Benevolent Association, dated July 2, 2024, ("Eligible Employee") shall receive Credited Service at a two percent (2%) benefit accrual rate for service rendered to the City as a police officer between October 1, 2000 and September 30, 2003. Alternatively, such Eligible Employees may elect to purchase Credited Service at a three percent (3%) benefit accrual rate for service rendered to the City as a police officer between October 1, 2000 and September 30, 2003, as set forth below: (1) Eligible Employees' election shall be made in writing no later than July 31, 2024, on a form approved by the Board of Trustees, and (2) Employees electing to purchase Credited Service at the three percent (3%) benefit accrual rate shall pay for such service no later than September 30, 2024, by rolling over to the Retirement Plan the entire balance in their city-sponsored 401 a Plan attributable to their service as police officers for the Page 4 of 7 City of Aventura Ordinance No. 2024- City of Aventura, inclusive of repayment of any loans taken from their respective 401 a accounts. Notwithstanding, any such Eligible Employees who had previously made payments to the Retirement Plan for the purchase of prior Credited Service for the period of employment as a police officer between October 1. 2000 and September 30, 2003, pursuant to subsection (c) hereof, and who timely elects to purchase service at the three percent benefit accrual rate under this subsection (d), shall only roll over the difference between the balance in their city-sponsored 401 a Plan attributable to their service as police officers as described herein minus the amount already paid to the Retirement Plan for Credited Service purchased pursuant to subsection (c) hereof. Section 3. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. Page 5 of 7 City of Aventura Ordinance No. 2024- 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 Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner 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 Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard Weinberg PASSED on first reading this 2nd day of July, 2024. PASSED AND ADOPTED on second reading this V day of September, 2024. Page 6 of 7 City of Aventura Ordinance No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORN EY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 7 of 7 MEMORANDUM OF UNDERSTANDING Exhibit "B" Eligible Plan Members 1. Harvey Arango 2. Barbara Arocha 3. Robert Feierstadt 4. Jason Fernandez 5. Chris Goranitis 6. Carolyn Gray 7. Jeannette Jones 8. John Ogden 9. Christian Peralta 10. Emilio Perez 11. Katina Rodriguez 12. Jason Williams 13. Teresa Williams 14. Michael Leoncini 15. Robert Myers MEMORANDUM OF UNDERSTANDING Exhibit "C" Name: Effective Date: Irrevocable Election Pursuant to the Memorandum of Understanding between the City of Aventura (the "City') and the South Florida Police Benevolent Association (the "Union"), I hereby provide the City with irrevocable notice of my intent to: [ ] purchase service credit for the time I worked for the City as a police officer prior to October 1, 2023 at a three percent(3%) multiplier and agree to forfeit my entire 401a plan balance with the City attributable to their City service as police officers inclusive of repayment of any loans taken from such Plans in order to do so; or [ ] obtain service credit for the time I worked for the City as a police officer prior to October 1, 2023 at a two percent (2%) multiplier at no cost to me; or I understand that my election is irrevocable. Release of Claims In consideration of my ability to obtain service credit in the Plan for the period prior to October 1, 2023, 1 hereby agree that I will not pursue, initiate, or cause to be instituted against the City of Aventura or any of its officers, employees or agents, any dispute, claim, grievance, charge, demand, action or cause of action relating to my City service prior to October 1, 2003. 1 hereby knowingly, voluntarily and irrevocably release, waive and forever discharge any and all disputes, claims,grievances, charges, demands, actions or causes of action of any kind whatsoever, known or unknown, foreseen or unforeseen, foreseeable or unforeseeable, and any consequences thereof, which I have or may have against the City or any of its officers, employees or agents, related to my City service prior to October 1, 2003, including but not limited to any claim concerning pension service credit or the cost of such credit for that period. I further represent that I do not currently have pending before any court or any federal, state, or local agency or other tribunal any dispute or claim of any kind against the City related to my City service prior to October 1, 2003.This release includes all disputes, claims, grievances, charges, demands, actions or causes of action for which I could seek equitable relief, and actual, compensatory, consequential, liquidated, punitive, special, multiple or other damages, expenses (including attorneys' fees and costs), and all other reimbursements or charges of any kind. 01583990-1 Signature I have carefully reviewed the above terms and Release of Claims,and by signing below irrevocably elect to purchase/obtain pension service credit for my City police service prior to October 1, 2003, and release all claims I may have against the City relating to such service. I understand that after I submit this irrevocable election I will not be able to rescind it. Signature of Police Officer: Date: 01583990-1 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager (9L DATE: June 28, 2024 SUBJECT: Adoption of a Resolution and Ordinance Regarding a Memorandum of Understanding with the Police Benevolent Association July 2, 2024 City Commission Meeting Agenda (Resolution) July 2, 2024 City Commission Meeting Agenda (Ordinance First Reading) September 3, 2024 City Commission Meeting Agenda (Ordinance Second Reading) RECOMMENDATION It is recommended that the City Commission approve the adoption of this Memorandum of Understanding (MOU) to ensure equal treatment of all Bargaining Unit Members hired between October 1, 2000, and October 1, 2003, and to fulfill our obligations under the negotiated terms with the Union. BACKGROUND The Police Benevolent Association (PBA) represents a bargaining unit of the City's police officers and sergeants, who are participants in the City of Aventura Police Officers' Retirement Plan (the "Plan"). The Plan established effective October 1, 2003, succeeded a City-sponsored 401 a defined contribution plan (the "401 a Plan"). KEY HISTORICAL AGREEMENTS AND CHANGES The 401 a Plan, funded entirely by the City, was in place before October 1, 2003. An Addendum to the initial collective bargaining agreement (2002-2005) allowed members hired before October 1, 2000, to receive service credit in the Plan for all their service at a three percent multiplier rate, contingent on transferring all 401 a Plan funds to the Plan. The Addendum did not extend similar service credit benefits to members hired between October 1, 2000, and October 1, 2003, but allowed them to retain their 401 a Plan balances. In a 2018 MOU, the City and Union agreed to amend the Plan, permitting members hired between October 1, 2000, and October 1, 2003, to purchase service credit for their service Memo to City Commission Page 2 before October 1, 2003, at their own expense. Subsequently, Katina Rodriguez and Jason Fernandez exercised this right. CURRENT AGREEMENT The new MOU seeks to extend similar benefits to all Bargaining Unit employees hired between October 1, 2000, and October 1, 2003, including those who have already retired. KEY TERMS OF THE NEW MOU 1. The City shall adopt the attached ordinance amendment for the first reading on July 2nd, 2024. 2. The MOU will apply to the Plan Members listed in Exhibit "B". 3. Each non-retired Plan Member will have the option to receive service credit for all their police service at a three percent multiplier rate, subject to rolling over their entire 401 a Plan balances to the Plan, or at a two percent multiplier rate if they retain their 401 a Plan balances. 4. The Plan will reimburse the two members for the difference between what they paid to purchase service and their respective 401 a Plan balances as of ratification. 5. Each employee must sign an individual agreement with the City, waiving specific rights related to the issues addressed in the MOU. 6. Both Parties have consulted legal counsel before executing the MOU. 7. The MOU does not modify the existing collective bargaining agreement except as specified. FINANCIAL IMPACT Implementing this MOU will have a financial impact on the City, estimated to be between $550,000 and $650,000. This cost arises from the reimbursement associated with the service credit adjustments. Please feel free to reach out with any questions or for further clarifications. Attachment RJW/act CC04020-24 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 36 "RETIREMENT", ARTICLE II "POLICE PENSION PLAN AND TRUST FUND", BY AMENDING SECTION 36-37 "TIME OF HIRE"; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") maintains a defined benefit pension plan for its certified police officers, which is known as the City of Aventura Police Officers' Retirement Plan ("Retirement Plan"), and which is codified in Chapter 36 of the City Code of Ordinances; and WHEREAS, prior to the establishment of the Retirement Plan, certain police officer members participated in a City-sponsored 401 a defined contribution plan ("401 a Plan") which was funded entirely by contributions from the City as the employer; and WHEREAS, on or about October 7, 2003, the City and the South Florida Police Benevolent Association ("PBA"), on behalf of certain police officer members, entered into an Addendum to their initial Collective Bargaining Agreement covering the period from October 1, 2002 to September 30, 2005 (the "Addendum"); and WHEREAS, the City and the PBA now desire to allow all police officer members of the Retirement Plan to purchase service credit under the same or similar terms as members hired prior to October 1, 2000; and WHEREAS, the City and the PBA have entered into a Memorandum of Understanding, dated July 2, 2024 ("MOU"), setting forth their agreement for certain police officer members hired after October 1, 2000 but before October 1, 2003, to receive credited service in the Retirement Plan; and WHEREAS, the Board of Trustees of the City of Aventura Police Officers' Retirement Plan has recommended an amendment to the Retirement Plan to comply with the MOU; and WHEREAS, the trustees of the City of Aventura Police Officers' Retirement Plan have requested and approved the amendments provided herein as being in the best interests of the participants and beneficiaries and improving the administration of the Plan; and City of Aventura Ordinance No. 2024- WHEREAS, the City Commission has received and reviewed an actuarial impact statement related to this change; and WHEREAS, the City Commission deems it to be in the public interest to provide this change to the Retirement Plan for its police officers. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA': Section 1. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. That Chapter 36 "Retirement," Article II "Police Pension Plan and Trust Fund," Section 36-37, "Time of hire", of the City Code of Ordinances be amended as follows: Sec. 36-37. - Time of hire. (a) Employees hired as a City of Aventura Police Officer prior to October 1, 2000 shall be eligible to receive credited service from the initial date of employment as a police officer at the plan's three percent benefit accrual rate, provided the employee transfers all funds from the City 401(a) plan to the defined benefit plan effective October 1, 2003. Employees hired as a City of Aventura Police Officer prior to October 1, 2000 who elect not to transfer all funds from the City 401(a) plan shall only receive prior credited service at a two percent benefit accrual rate. The City shall make no further contributions to the 401(a) plan. Employees hired as a City of Aventura Police Officer on or after October 1, 2000 shall receive credited service effective October 1, 2003 and shall retain all balances to their credit in the 401(a) plan; provided, however, that the City shall make no further contributions to the 401(a) plan. Employees hired as a City of Aventura Police Officer on or after October 1, 2000 shall continue to accrue vesting rights in the 401(a), but the City shall make no additional contributions. (c) Notwithstanding (b) above. Aany employee hired on or after October 1, 2000 and prior to October 1, 2003, and named in the Memorandum of Understanding between the City of Aventura and the Police Benevolent Association, dated February 26, 2018 may Words in s+F�at type are deletions from exist text and word in underline type are additions to existing text. Page 2 of 7 City of Aventura Ordinance No. 2024- purchase credited service for service rendered to the City as a police officer between October 1, 2000 and September 30, 2003 as set forth below- (1) Said election shall be made in writing no later than August 31, 2018 on a form approved by the Board of Trustees; (2) Subject to Paragraph d. of Subsection (6) below, prior to the employee's separation from service with the City for any reason, the employee shall pay the full actuarial cost of the purchase, as determined by the plan's actuary; (3) The employee shall pay in advance any expenses related to the actuarial calculation, as determined by the Board of Trustees; (4) The payment shall be made by either, or a combination, of the following means: a. Trustee to trustee transfer from an eligible retirement plan or a 457 plan; and b. Installment payments including interest at the plan's actuarially assumed rate of investment return pursuant to an irrevocable payroll deduction authorization as set forth in Subsection (6) below. (5) Any years and months of service purchased hereunder shall be treated as credited service within the meaning of Section 36-22 of the retirement plan. (6) Installment payments shall be subject to the following conditions: a. The employee must execute an irrevocable payroll deduction authorization form, specifying the amount of the bi-weekly deductions and the duration of the authorization. The specified amount shall be that determined by the plan's actuary to be sufficient to pay the entire actuarial cost of the purchase within the specified duration of the payroll deduction authorization, which duration shall not extend beyond the earlier of- 1. Three years from the date of the employee's first paycheck after September 30, 2018; and Page 3 of 7 City of Aventura Ordinance No. 2024- 2. The earliest date upon which the employee would become eligible for normal retirement under Section 36-26. b. The deducted amounts shall be contributed to the retirement plan and shall be considered employee contributions that are "picked-up" (within the meaning of Section 414(h)(2) of the Internal Revenue Code) by the City. The employee shall not be entitled to any option of directly receiving cash in lieu of the amounts subject to deduction. Picked-up contributions shall be made from the same source as the payment of salary and wages to the employee; C. The amount provided in the payroll deduction authorization shall include interest, as calculated by the plan's actuary, at the retirement plan's actuarially assumed rate of return on investments. d. If, upon the date of the employee's separation from service with the City for any reason, there remains an unpaid balance of the actuarial cost of the purchase, then the employee shall receive years (and fractions thereof) of service credit in accordance with the amount of the cost paid prior to separation. (d) Notwithstanding (b) and (c) above, any employee hired on or after October 1, 2000 and prior to October 1, 2003, and named in the Memorandum of Understanding between the City of Aventura and the Police Benevolent Association, dated July 2, 2024, ("Eligible Employee") shall receive Credited Service at a two percent (2%) benefit accrual rate for service rendered to the City as a police officer between October 1, 2000 and September 30, 2003. Alternatively, such Eligible Employees may elect to purchase Credited Service at a three percent (3%) benefit accrual rate for service rendered to the City as a police officer between October 1, 2000 and September 30, 2003, as set forth below: (1) Eligible Employees' election shall be made in writing no later than July 31, 2024, on a form approved by the Board of Trustees, and (2) Employees electing to purchase Credited Service at the three percent (3%) benefit accrual rate shall pay for such service no later than September 30, 2024, by rolling over to the Retirement Plan the entire balance in their city-sponsored 401 a Plan attributable to their service as police officers for the Page 4 of 7 City of Aventura Ordinance No. 2024- City of Aventura, inclusive of repayment of any loans taken from their respective 401 a accounts. Notwithstanding, any such Eligible Employees who had previously made payments to the Retirement Plan for the purchase of prior Credited Service for the period of employment as a police officer between October 1. 2000 and September 30, 2003, pursuant to subsection (c) hereof, and who timely elects to purchase service at the three percent benefit accrual rate under this subsection (d), shall only roll over the difference between the balance in their city-sponsored 401 a Plan attributable to their service as police officers as described herein minus the amount already paid to the Retirement Plan for Credited Service purchased pursuant to subsection (c) hereof. Section 3. Repeal. All sections or parts of sections of the Code of Ordinances of the City of Aventura, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 4. Severability. Should any section or provision of this Ordinance, or any paragraph, sentence or word, be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof, as a whole or a part hereof, other than the part declared to be invalid. Section 5. Inclusion in the Code. It is the intention of the City Commission of the City of Aventura that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Aventura and that the sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "Chapter', "Section", "Article", or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. Effective Date. This Ordinance shall be effective upon passage by the City Commission on second reading. Page 5 of 7 City of Aventura Ordinance No. 2024- 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 Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard Weinberg The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner 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 Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard Weinberg PASSED on first reading this 2nd day of July, 2024. PASSED AND ADOPTED on second reading this V day of September, 2024. Page 6 of 7 City of Aventura Ordinance No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORN EY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 7 of 7 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager(g' BY: Keven Klopp, Community Development Directories DATE: May 31, 2024 SUBJECT: General Housekeeping Updates to the City's Code of Ordinances June 4, 2024 Local Planning Agency Meeting Agenda June 4, 2024 City Commission Meeting Agenda (First Reading) July 2, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve amendments to the following Sections of the City of Aventura Code of Ordinances: 1. Chapter 14 — BUILDINGS AND BUILDING REGULATIONS ARTICLE V. — CONSTRUCTION SITES Sec. 14-100. — Securing of construction sites; other requirements. 2. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE VII. — USE REGULATIONS Sec. 31-143. — Residential Zoning Districts 3. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE IX. — SIGN REGULATIONS Sec. 31-191. — Sign regulations generally. 4. Chapter 31 — LAND DEVELOPMENT REGULATIONS ARTICLE X. — LANDSCAPING REQUIREMENTS Sec. 31-221. — Landscaping requirements. 5. Chapter 38 — SOLID WASTE ARTICLE II. - COLLECTION FRANCHISES Sec. 38-48. — Office hours; collection hours. 6. CHAPTER 45 — TELECOM UNICATIONS ARTICLE II. - TELECOMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF - WAY Sec. 45-38. — Use of rights -of -way. BACKGROUND City staff periodically reviews the City's Code of Ordinances to address any necessary corrections, clarifications, or recommendations for improvement. THE PROPOSED AMENDMENTS The proposed amendments to the Code of Ordinances are provided as exhibits attached to the proposed ordinance. ANALYSIS The following sections of the City's Code of Ordinances have been amended in accordance with Section 1-11.- Amendments to Code; effect of new ordinances; amendatory language - as outlined below: Sec. 14-100. — Securing of construction sites; other requirements. This amendment aims to maintain cleanliness and safety at construction sites by requiring the covering of dumpsters when not in use. Uncovered dumpsters often attract unauthorized dumping of waste, which can lead to environmental pollution and hazards. Sec. 38-48. — Office hours; collection hours. This amendment aims to establish appropriate collection hours for solid waste disposal that align with those established by the noise ordinance requirements, thereby mitigating disturbances to residents and maintaining community tranquility. Sec. 45-38. — Use of rights -of -way. The purpose of this amendment is to correct references to a non -existing section of the code, Section 28-2, and replace it with the applicable reference, Sec. 42.1. The amendments to Chapter 31 — Land Development Regulations were reviewed by staff under the Section 31-77(g) Standards for reviewing proposed amendments to the text of the LDR of the City Code of Ordinances- (1) The proposed amendments are legally required. The proposed amendments are legally required to implement the requested revision to the Land Development Regulations (LDRs). (2) The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. oil The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan of providing as per details provided on Paragraph 3 below. (3) The proposed amendments are consistent with the authority and purpose of the LDRs. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses in the City. (4) The proposed amendments further the orderly development of the City. The proposed amendments further the orderly development of the City as per details provided on Paragraph 3 above. (5) The proposed amendments improve the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process as it provides necessary corrections and clarifications. 3 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES; OTHER REQUIREMENTS" OF CHAPTER 14; AMENDING SECTION 31-143 "RESIDENTIAL ZONING DISTRICTS," SECTION 31-191 "SIGN REGULATIONS GENERALLY," AND SECTION 31-221 "LANDSCAPING REQUIREMENTS" OF CHAPTER 31; AMENDING SECTION 38-48 "OFFICE HOURS; COLLECTION HOURS" OF CHAPTER 38; AMENDING SECTION 45-38 "USE OF RIGHTS-OF-WAY" OF CHAPTER 45 TO CLARIFY AND UPDATE CERTAIN TERMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura ("City") periodically performs a review of its Code of Ordinances ("Code") to identify terms that need updating or clarification; and WHEREAS, the City recently reviewed its Code and determined such revisions are warranted in Chapters 14, 317 38 and 45; and WHEREAS, the City Commission finds it is in the best interest of the City to amend its ordinances as recommended by staff and specifically identified in Exhibit "A," which is attached and incorporated herein. 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 Amendments. That the following Chapters are amended in accordance with Exhibit A, which identifies additions to the existing Code with underlining and deletions with strikethrou h features: • Chapter 14, Article V, Section 14-100, "Securing of construction sites; other requirements." • Chapter 31, Article VI I, o Section 31-143, "Residential Zoning Districts." o Section 31-191, "Sign regulations generally." o Section 31-221, "Landscaping requirements." • Chapter 38, Article II, Section 38-48, "Office hours; collection hours." • Chapter 45, Article II, Section 45-38, "Use of rights-of-way." City of Aventura Ordinance No. 2024- Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be 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. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Friedland, who moved its adoption on first reading. This motion was seconded by Commissioner Bloom and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Michael Stern Yes Vice Mayor Dr. Linda Marks 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 Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2024- PASSED on first reading this 4t" day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 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 CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT "A" Chapter 14 - BUILDINGS AND BUILDING REGULATIONS! ARTICLE V. - CONSTRUCTION SITES Sec. 14-100. - Securing of construction sites; other requirements. (f) Prohibitions; requirements. (1) The owner, occupant or user of a construction site shall not engage in any activity which poses a danger to persons located off of the construction site, from debris, materials or activities carried on at the construction site, and shall take necessary precautions. A contractor engaging in work at a site or pulling a building permit for a site constitutes a "user" of a site. (2) The owner, occupant or user of a construction site (other than one solely consisting of a single-family or duplex residence which is not part of the construction of a development) shall secure the site from unauthorized access between the hours of 6:00 p.m. of each day to 6:00 a.m. of the next day by the use of a locked fence and/or security guard. (3) The owner, occupant or user of a construction site shall keep all access roads to the construction site clear of debris for safe travel by authorized persons. (4) In the event that a hurricane watch is issued by the United States Weather Bureau, the owner, occupant or user of a construction site shall comply with the requirements of section 5-16 of the Miami -Dade County Code, by taking all steps necessary to secure the construction site, including removal or securing of hazardous or loose objects. (5) Motor vehicles which are used by construction workers and others involved in the construction of the project at the site for the purpose of commuting to or from the site, shall not be parked off of the site of the project except in an area or location which shall be first approved in writing by the City Manager or his designee. Parking areas are to be properly screened from the public and shall not be detrimental to the surrounding neighborhood. The City approval shall be based on assuring that: public street or rights -of -way are not blocked; that adequate parking remains for existing residences and businesses; and that any impact to public parking resources is mitigated. (6) Any construction vehicles or equipment involved in construction at a site which block a public roadway or right- of-way shall require a City right-of-way use permit and approval, with appropriate conditions, as issued by the City Manager or his designee, 72 hours in advance of any such activities which impact a public right-of-way. (7) The owner, occupant or user of a construction site shall comply with the restrictions of subsection 30-33(15) "Construction" of the City Code which regulates noise related to construction activities. (8) The owner, occupant or user of a construction site shall complete job site maintenance, on a daily basis, prior to the conclusion of each day's work. Daily job site maintenance shall include the following: a. Sweeping of public roadways which are directly affected by construction site dust, debris or activities; 1 Underlined text indicates insertions. Stricken -through text indicates deletions. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT "A" b. Pick up and disposal of litter at or generated by the construction site; c. Washing down of any street signs or public facilities which are impacted by dust or debris from the construction site activity; d. Stacking of materials and equipment which are visible from a public right-of-way in an orderly appearance; e. Stacking of construction materials in a manner which assures that the materials and the material packaging shall not fall or be transported into any canals, lakes, drainage facilities or other water bodies in the vicinity of the site; f. Watering of exposed loose earth at the site so as to minimize off -site transport of particulate matter; g. Compliance with additional job site maintenance components which are described in an applicable job -site plan (the "Plan") for the project site. h. Construction dumpsters must be covered at all times when not in use. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT "A" Chapter 31- LAND DEVELOPMENT REGULATIONS, ARTICLE VII. - USE REGULATIONS Sec. 31-143. - Residential Zoning Districts. (f) „ 6f ... y Migh D , 4t R -d-e tk 1 oi_44 ;68 /Room l Multifamily Medium High Density Residential Districts RMF4 The following regulations shall apply to all RMF4 Districts. ARTICLE IX. - SIGN REGULATIONS Sec. 31-191. - Sign regulations generally. (k) Temporary signs. Temporary signs shall comply with the following restrictions, conditions, and limitations: (11) Temporary signs must be posted in accordance with the following tables. (11) Temporary Window Sign During Construction of Tenant Space: Residential Non -Residential District District Approvals Not Sign Permit Required necessary permitted Number One per establishme +t One per window (maximum) Sign area Ten percent of window area up to a maximum of ten square feet (maximum) Time Limit Permitted for a 12-month period from date of building permit issuance until the date of issuance of a Certificate of Completion or Occupancy, or until a permitted temporary banner is erected, or until a permitted permanent wall sign is erected, whichever first occurs 1 Underlined text indicates insertions. Stricken -through text indicates deletions. EXHIBIT "A" ARTICLE X. - LANDSCAPING REQUIREMENTS Sec. 31-221. - Landscaping requirements. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 (j) Tree removal permit. No existing tree on the site having a trunk diameter of three inches or greater, or trees with an overall height of twelve feet and greater, shall be removed or relocated without a permit from the community development department of the city. In evaluating whether to grant a tree removal permit, the Director or Designee shall consider the size, species (native or not), health, rareness and age of the tree. A tree survey identifying all existing trees over three inches in diameter or trees with an overall height of 12 feet and greater shall be included with any building permit application. This survey drawing shall be overlaid directly upon the site plan sufficiently to provide the accurate location of all existing trees which are proposed to be destroyed, relocated, or preserved, the identification number of each tree, botanical name and common name of each tree, diameter at breast height (DBH) of each tree, height and canopy spread of each tree, condition and disposition of each tree. An arborist's report may be required at the discretion of the Community Development Director. In addition, all applicable portions of Section 24-49 of the Code of Miami -Dade County are adopted herein. Applicability of the Miami -Dade County Ordinance shall be as determined by the Director or Designee. EXHIBIT "A" Chapter 38 - SOLID WASTE, ARTICLE II. - COLLECTION FRANCHISES Sec. 38-48. - Office hours; collection hours. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 (a) The franchisee's office shall remain open Monday through Friday from 8:30 a.m. to 5:00 p.m. for the purpose of handling complaints; and for that purpose, there shall be maintained an adequate number of telephones and a responsible person in charge during the hours specified. These requirements do not apply on legal holidays. (b) Collections shall normally be made in residential areas no earlier than 6!Q0 a-rw.7:00 a.m. and no later than 7:00 p.m., or as otherwise prescribed by the City, with no service on Sunday, except in time of emergency or to maintain schedules due to holidays. Changes to these hours must be approved by the City Manager. Chapter 45 — TELECOMMUNICATIONS, ' Underlined text indicates insertions. Stricken -through text indicates deletions. ' Underlined text indicates insertions. Stricken -through text indicates deletions. CITY OF AVENTURA ORDINANCE 2024- 6/4/24 EXHIBIT "A" ARTICLE II. -TELECOMMUNICATIONS FACILITIES IN PUBLIC RIGHTS -OF -WAY Sec. 45-38. - Use of rights -of -way. (a) A facility owner agrees at all times to comply with and abide by all applicable provisions of the State statutes and local laws including, but not limited to, applicable zoning regulations not inconsistent with State and Federal laws. (b) Except in the case of an emergency, which shall include without limitation an out of service condition affecting 911 service, and which shall require subsequent notification to the City, no telecommunications service provider shall construct any facility on, over, above, along, upon, under, across, or within any public right-of-way which disrupts the public rights -of -way without first filing an application with and obtaining a permit from the City therefor, pursuant to applicable permitting requirements of the City, including but not limited to section 24�-2 42-1 of the City Code, except as otherwise provided in this article. In case of the repair or maintenance of an existing facility, the City may impose lesser requirements than those set forth herein. Unless otherwise required by the City Code, no permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the public rights -of -way. CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager Cy!�— DATE- May 31, 2024 SUBJECT: Ordinance Revising the Land Development Regulations to Modify the Prohibition on Billboards June 4, 2024 Local Planning Agency Meeting Agenda June 4, 2024 City Commission Meeting Agenda (First Reading) July 2, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission modify the prohibition on billboards in the City to allow the City Commission to approve them on a case by case basis. THE REQUEST The Land Development Regulations currently designate billboards as prohibited signs. The Code's only exception was to grandfather those billboards that were already in existence when the prohibition was enacted. The proposed amendment allows the City Commission to approve billboards on a case by case basis. BACKGROUND The City Commission, at its April 2024 Commission Workshop, indicated its support for a new billboard on the west side of Biscayne Blvd. near NE 206 Street. The proposed amendment is necessary to facilitate that approval. ANALYSIS The City will gain substantial revenue from the billboard(s) it allows. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-191(f) "PROHIBITED SIGNS", ALLOWING FOR BILLBOARDS IN A LIMITED CAPACITY IN THE CITY SUBJECT TO CITY COMMISSION APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the " City") Commission recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, the City Commission finds the Land Development Regulation's strict prohibition of billboards to be unnecessarily restrictive; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, The City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Section 31-191(f) of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. Section 31-191(f) "Prohibited Signs" of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows' Underlined text indicates insertions. City of Aventura Ordinance No. 2024- (f) Prohibited signs. The following are prohibited: (12) Billboards, other than those lawfully existing on the effective date of Ordinance No. 97-12, protected by F.S. § 479.15(2), and/or expressly allowed by the City Commission by Resolution. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Bloom, who moved its adoption on first reading. The motion was seconded by Commissioner Friedland, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Michael Stern Yes Vice Mayor Dr. Linda Marks Yes Mayor Howard S. Weinberg Yes Page 2 of 3 City of Aventura Ordinance No. 2024- The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. 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 Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED on first reading this 4t" day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 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. This Ordinance was filed in the Office of the City Clerk this 2nd day of June, 2024. ELLISA L. HORVATH, MMC CITY CLERK Page 3 of 3 CITY OF "ENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director M DATE: May 31, 2024 SUBJECT: Ordinance Amending Procurement Code Sec. 2-252, 2-253 and 2-256 to Increase Purchase Threshold from $50,000 to $100,000 June 4, 2024 City Commission Meeting Agenda (First Reading) July 2, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve the attached ordinance which amends the City procurement code sections 2-252, 2-253 and 2-256. BACKGROUND At the May 2024 Commission Workshop, there was a discussion about exploring a change to the City's Procurement code to increase the threshold for purchases requiring City Commission approval and formal competitive bidding. The City's Procurement code currently requires City Commission approval and formal competitive bidding on all purchases over $50,000. The City's threshold for Commission approval and competitive bidding has not changed since 2006. In addition, rising costs and labor shortages are making it more difficult to procure goods and services in a timely manner with this threshold and has led to delays for multiple City departments. A survey of cities in Dade and Broward (Exhibit A) is attached and shows that 20% of cities have thresholds at or over $100,000. Increasing the threshold to $100,000 will bring the City to a more appropriate level and provide for a more efficient procurement process. Procurement Thresholds by Municipality Municipality Population What is your agency's threshold for Formal (sealed) solicitation? City of Parkland 34,170 Over $50,000 What is your agency's monetary threshold for City Council/Commission approval Over $50,000 annual or $150,000 multi -year Town of Davie 105,000 Over $35,000 Over $65,000 City of Hallandale Beach 39,656 Over $50,000 - Goods and Services Over $25,000 - Professional Services Over $50,000 - Goods and Services $25,000 - Professional Services City of Wilton Manors 15,000 Over $20,000 Over $20,000 City of Miami Beach 95,000 Over $100,000 - Goods and Services Over $300,000 - Cconstruction Over $100,000 - Goods and Services and $300,000 - Construction Town of Highland Beach 8,000 Over $25,000 Over $25,000 Broward County 2 million Over $100,000 Over $500,000 City of North Lauderdale 44,020 Over $25,000 Over $25,000 City of Coconut Creek 61,000 Over $50,000 Over $50,000 City of Pembroke Pines 173,591 Over $25,000 Over $25,000 City of Deerfield Beach 81,066 Over $30,000 Over $30,000 City of Tamarac 65,000 Over $65,000 City of Boca Raton City of Miami Gardens 90,000 Over $50,000 Over $100,000 for non construction, $150,000 for construction 111,363 Over $25,000 Over $50,000 City of Fort Lauderdale 180,124 Over $100,000 Over $100,000 City of Miami 454,279 Over $25,000 Over $50,000 for goods and services, over $100,000 for constructon City of Pompano Beach 110,062 Over $75,000 Over $75,000 City of Coral Springs 132,568 Over $20,000 Over $45,000 City of Boynton Beach 80,139 Over $35,000 - Non -Construction Over $100,000 - Construction Over $10,000 Over $35,000 for Non -Construction, Over $100,000 for Construction City of Greenacres 39,945 Over $35,000 City of Sunrise 90,000 Over $24,999 Over $24,999.99 City of Sunny Isles Beach 23,869 Over $50,000 Over $50,000 City of Riveria Beach 36,800 Over $25,000 Over $25,000 Town of Southwest Ranches 7,921 Over $25,000 Over $10,000 Village of Wellington 65,000 Over $65,000 Over $50,000 City of Weston 71,166 Over $100,000 Over $100,000 City of Miramar 142,445 Over $75,000 Over $75,000 City of Plantation 93,449 Over $100,000 Over 35,000 City of Margate 58,796 Over $25,000 Over $25,000 Broward Sheriff's Office (BSO) N/A Over $100,000 N/A City of Hollywood 154,000 Over $50,000 Over $100,000 City of West Palm Beach 127,014 Over $50,000 - Non -Construction Over $100,000 - Construction Over $25,000 City Commission approval not based on monetary value. Commission approval required for certain types of construction, insurance or contracts which require approval pusuant to F.S.S. Miami Shores Village 11,570 Over $25,000 Town of Hillsboro Beach 1,959 Over $25,000 Over $15,000 City of Aventura 40,806 Over $50,000 Over $50,000 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 IV "FINANCE," DIVISION 3 "PURCHASING" BY INCREASING THE CITY MANAGER'S PURCHASING AUTHORITY FROM $50,000 TO $100,000; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Aventura's ("City") Code of Ordinances ("Code") authorizes the City Manager to approve contracts more than $5,000.00 but less than $50,000 without City Commission approval; and WHEREAS, the City Commission finds it is in the best interest of the City and its residents to increase the City Manager's authorization to $100,000.00. 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 3 "Purchasing"," in Article IV "Finance, Chapter 2 "Administration," is hereby amended to increase the City Manager's authorization to approve contracts as follows: CHAPTER 2 —ADMINISTRATION ARTICLE IV. — FINANCE Division 3. — PURCHASING Sec. 2-252. — Purchasing guidelines (b) Purchases of more than $5,000.00 but no more than $58;000.0 $100,000.00. Purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is in excess of $5,000.00 but which is no more than $50,888.00 $100,000.00 may be made or entered into by the City Manager without City Commission approval, provided that three quotations are obtained from individual vendors, where reasonably feasible. Single purchases and 1 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- contracts of greater than $50,890.00 $100,000.00 shall not be artificially divided into multiple segments to bypass the informal competitive bidding requirements of this division. (c) Purchases of $50,000 00 more than $100,000.00 . Except as exempted by sections 2-253 and 2-256, purchases of or contracts for materials, supplies, equipment, improvements or services where the total amount expended is more than $50,800.00 $100,000.00 shall be awarded by the City Commission after formal competitive bidding. Section 2-253. - Exemptions from competitive formal bidding. (3) Professional services. Contracts of $50,800.00 $100,000.00 or less for the professional services of attorneys, physicians, professional consultants, planners, court stenographers, real estate brokers, and other professions licensed and regulated by the State, and (if not exempted pursuant to subsection (2)d. above) contracts for those professional services governed by F.S. § 287.055, the Consultants Competitive Negotiation Act (the "CCNA") which do not exceed the Category Two CCNA threshold amount which is described in F.S. § 287.017(1)(b), may be entered into by the City Manager without formal competitive bidding under this division, unless otherwise required by applicable law. (4) Purchases below minimum amount. Purchases of $50 000.00 $100,000.00 or less shall be exempt from the competitive bid requirements, unless otherwise mandated by applicable law. Section 2-256. -Award of professional services contracts. The requests for proposal/requests for qualification process shall be utilized for the awarding of contracts of more than $50,000.00 $100,000.00 for the professional services of attorneys, physicians, professional consultants, planners, court stenographers, real estate brokers and other professions licensed and regulated by the State, and for professional services governed by F.S. § 287.055, the Consultants Competitive Negotiation Act (the "CCNA") unless exempt under subsection (2)d. above as a continuing contract under the CCNA. All such awards shall be made by a resolution adopted by the majority of the City Commission. The City Commission may, by motion, waive the requirements to utilize requests for proposals/requests for qualifications if it is determined to be in the best interests of the City to do so or as otherwise authorized by law. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any Page 2 of 4 City of Aventura Ordinance No. 2024- reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. 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 Friedland, who moved its adoption on first reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Paul A. Kruss Yes Commissioner Michael Stern Yes Vice Mayor Dr. Linda Marks 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 Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg Page 3 of 4 City of Aventura Ordinance No. 2024- PASSED on first reading this 4t" day of June, 2024. PASSED AND ADOPTED on second reading this 2nd day of July, 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 4 of 4