09-03-2024 City Commission Meeting Regular Meeting Agenda CITY OF AVENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
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CITY COMMISSION
REGULAR MEETING AGENDA
September 3, 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
City Manager Ronald J. Wasson
City Clerk Ellisa L. Horvath, MMC
City Attorneys Weiss Serota Helfman Cole & Bierman
Aventura City Commission Regular Meeting Agenda September 3, 2024
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Proclamations
• Special Recognitions
• Vision Zero City Presentation
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:
• July 2, 2024 City Commission Regular Meeting
• July 18, 2024 City Commission Meeting (Budget Review)
• July 18, 2024 City Commission Regular Workshop
• August 6, 2024 City Commission Special Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
DESIGNATING THE CITY AS A "VISION ZERO CITY' AND AUTHORIZING THE CITY
MANAGER TO CREATE A VISION ZERO ACTION PLAN TO ESTABLISH A GOAL OF NO
SEVERE TRAFFIC INJURIES OR FATALITIES BY 2030; AUTHORIZING THE CITY
MANAGER TO APPOINT A WORKING GROUP TO ASSIST IN DEVELOPING,
IMPLEMENTING AND MONITORING THE ACTION PLAN; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA
AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-
DADE COUNTY FOR THE ENFORCEMENT OF THOSE SECTIONS LISTED IN SAID
AGREEMENT OF THE MIAMI-DADE COUNTY CODE THROUGH CHAPTER 8CC OF THE
MIAMI-DADE COUNTY CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AWARDING CONTRACTS TO SOUTHERN COMFORT SOLUTIONS, INC., GREEN
ALLIANCE, INC., CEDENOS COMFORT COOLING, LLC, AND PILAR SERVICES, INC. FOR
HVAC SERVICE, MAINTENANCE, REPAIR, REPLACEMENT, AND INSTALLATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Regular Meeting Agenda September 3, 2024
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
SELECTING US LUBRICANTS, LLC AND ENVIROWASTE SERVICES GROUP, INC. FOR
STORMWATER MAINTENANCE SERVICES PURSUANT TO RFP 2024-7-1; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENTS; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AWARDING A CONTRACT FOR THE CITY'S PROPERTY, GENERAL LIABILITY,
AUTOMOBILE LIABILITY AND PHYSICAL DAMAGE, CYBER LIABILITY AND WORKERS'
COMPENSATION INSURANCE TO BROWN & BROWN INSURANCE SERVICES, INC;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSOCIATED CONTRACTS;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
EXPRESSING SUPPORT OF THE FEDERAL TAX RELIEF ACT, THE FLOOD INSURANCE
RELIEF ACT, AND CALLING FOR ADDITIONAL SOLUTIONS TO ADDRESS THE FLORIDA
PROPERTY INSURANCE CRISIS; AND PROVIDING FOR AN EFFECTIVE DATE.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY
OF AVENTURA AND THE MIAMI-DADE COUNTY TRANSPORTATION PLANNING
ORGANIZATION (TPO) FOR THE MOBILITY PLAN FOR UPTOWN AVENTURA;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ERP SAAS AGREEMENT WITH
TYLER TECHNOLOGIES, INC.; PROVIDING FOR IMPLEMENTATION; AND PROVIDING
FOR AN EFFECTIVE DATE.
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION IN THE AMOUNT OF $342,120 FOR PROFESSIONAL SERVICES FOR
PREPARATION OF A CITY-WIDE VULNERABILITY ASSESSMENT AND STORMWATER
MASTERPLAN UPDATE BY AND BETWEEN THE CITY OF AVENTURA AND GIT
CONSULTING, LLC; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING A RECONSTRUCTION AGREEMENT WITH CLEAR CHANNEL OUTDOOR,
LLC TO REMOVE THE COMPANY'S FORMER EXISITING SIGNS AND RELOCATE AND
CONSTRUCT TWO NEW SIGNS WITHIN THE CITY OF AVENTURA; 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.
L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
INCREASING THE SIZE OF THE PARCEL OF LAND TO BE ACQUIRED BY THE CITY FROM
GULFSTREAM PARK, LLC TO 3.7 ACRES FOR FUTURE USE AS A CHARTER SCHOOL
SITE; AUTHORIZING THE PURCHASE OF .7 ACRES IN THE AMOUNT OF $3,150,000;
DIRECTING THE CITY MANAGER TO EXECUTE ONE PURCHASE AND SALE
AGREEMENT INCLUSIVE OF THE ADDITIONAL .7 ACRES; 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.
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Aventura City Commission Regular Meeting Agenda September 3, 2024
6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None.
7. ORDINANCES — FIRST READING/PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 3
"ADVERTISING" OF THE CITY CODE OF ORDINANCES TO CREATE ARTICLE III
"BUSINESS SOLICITATION" AND SECTION 3-36 "SOLICITATION OF BUSINESS ON
PRIVATE RESIDENTIAL PROPERTY"; PROVIDING FOR CONFLICTS, SEVERABILITY,
AND CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES — SECOND READING/PUBLIC HEARINGS:
A. 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.
B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
CREATING SECTION 48-46 OF THE CITY'S CODE OF ORDINANCES TO AUTHORIZE THE
PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS ON
ROADWAYS MAINTAINED AS SCHOOL ZONES, ESTABLISH TRAFFIC ENFORCEMENT
PROCEDURES WHEN SPEED DETECTION SYSTEMS ARE UTILIZED FOR SCHOOL
ZONE SPEED LIMIT VIOLATIONS, AND CREATE HEARING PROCEDURES RELATING TO
SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
C. AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ORDINANCE NO. 2023-08, WHICH ORDINANCE ADOPTED A CHARTER
SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF
EXCELLENCE SCHOOL FOR FISCAL YEAR 2023/2024 (JULY 1 —JUNE 30) BY REVISING
THE 2023/2024 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR
AN EFFECTIVE DATE.
9. RESOLUTION/PUBLIC INPUT: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
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Aventura City Commission Regular Meeting Agenda September 3, 2024
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).
SECOND BUDGET PUBLIC HEARING—SEPTEMBER 10,2024 AT 6 PM
COMMISSION REGULAR WORKSHOP—SEPTEMBER 19,2024 AT 9 AM
COMMISSION REGULAR MEETING—OCTOBER 8,2024 AT 6 PM
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through
the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
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CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: August 30, 2024
SUBJECT: Approval of Minutes
September 3, 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:
• July 2, 2024 City Commission Regular Meeting
• July 18, 2024 City Commission Meeting (Budget Review)
• July 18, 2024 City Commission Regular Workshop
• August 6, 2024 City Commission Special Meeting
Should you have any questions, please contact me.
/elh
attachments
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
J U LY 2, 2024
6:00 p.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 6:10 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 Sterne, City Manager Ronald J. Wasson, City Clerk Ellisa L.
Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weinberg.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
• Proclamations: None.
• Special Recognitions: The City Manager, Deputy City Manager, City Clerk,
City Attorney, Department Directors, YMCA, and City personnel were
applauded for their efforts during the recent rainfall and flash flooding event.
Unanimous consensus was provided by the City Commission directing the
City Manager to provide an additional day off in recognition and in
appreciation of their work during that time.
A Certificate of Special Recognition was presented to Aventura resident Carolina
Duer and her son for their heroic actions and dedication to the safety and welfare
of stranded residents during the storm.
• Employee Service Awards: None.
• Charter School Update: None.
Participated via virtual communications media technology.
Participated via virtual communications media technology.
Aventura City Commission Regular Meeting Minutes
July 2, 2024
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
A motion to approve the items on the Consent Agenda was offered by Commissioner
Kruss, seconded by Commissioner Bloom, and passed unanimously by roll call vote. The
following action was taken:
A. Minutes approved as follows:
APPROVAL OF MINUTES:
• June 4, 2024 City Commission Regular Meeting
• June 13, 2024 City Commission Regular Workshop
B. Resolution No. 2024-37 adopted as follows:
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. Resolution No. 2024-38 adopted as follows:
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. Resolution No. 2024-39 adopted as follows:
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. Resolution No. 2024-40 adopted as follows:
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.
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Aventura City Commission Regular Meeting Minutes
July 2, 2024
F. Resolution No. 2024-41 adopted as follows:
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. Resolution No. 2024-42 adopted as follows:
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. Resolution No. 2024-43 adopted as follows:
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. ORDINANCE — FIRST READING/PUBLIC HEARING:
Mrs. Horvath read the following Ordinance title:
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.
A motion for approval of the Ordinance was offered by Commissioner Kruss 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.
The City Commission discussed the item and thanked the Police Pension Board, Mr.
Wasson, Mr. Pegues, and staff for their work on the item.
Page 3 of 5
Aventura City Commission Regular Meeting Minutes
July 2, 2024
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:
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 Vice Mayor Dr. Marks 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 passed unanimously by roll call vote, and
Ordinance No. 2024-11 was adopted.
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 Joel and seconded
by Commissioner Kruss.
Mr. Wasson reviewed the item.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
No comments were provided by the City Commission.
Page 4 of 5
Aventura City Commission Regular Meeting Minutes
July 2, 2024
The motion for approval of the Ordinance passed unanimously by roll call vote, and
Ordinance No. 2024-12 was adopted.
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 Joel and seconded
by Commissioner Kruss.
Mr. Wasson reviewed the item.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
No comments were provided by the City Commission.
The motion for approval of the Ordinance passed unanimously by roll call vote, and
Ordinance No. 2024-13 was adopted.
9. RESOLUTION/PUBLIC INPUT: None.
10. REPORTS:
Commissioner Kruss reported on his recent trip to Aventura's sister city, Modi'in — Israel,
and his meeting with Mayor Bibas.
Vice Mayor Dr. Marks congratulated Finance Director Melissa Cruz on her recent
marriage and wished Aventura Police Sergeant Teresa Williams a speedy recovery.
11. PUBLIC COMMENTS: The following member of the public provided comments:
Deborah Koch, Executive Director—American Red Cross Greater Miami & The Keys.
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Joel, seconded by
Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 6:49
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on September 3, 2024.
Page 5 of 5
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AVENTURA CITY COMMISSION
MEETING (BUDGET REVIEW) MINUTES
J U LY 18, 2024
9:00 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Weinberg at 9:11 a.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, City Manager
Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers.
Commissioner Michael Stern was absent. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weinberg.
Mr. Wasson accompanied by Mr. Meyers distributed, reviewed, and requested that the
following item be added as Item 5D to the Consent Agenda:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY RELATING TO
THE PUBLICATION OF LEGAL ADVERTISEMENTS AND PUBLIC NOTICES ON MIAMI-
DADE COUNTY'S PUBLICLY ACCESSIBLE WEBSITE; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Wasson accompanied by Chief Michael Bentolila introduced the new Deputy Police
Chief, Christopher Chastain, with a starting date and ceremony scheduled for August 5,
2024.
3. OVERVIEW AND REVIEW OF PROPOSED OPERATING AND CAPITAL
BUDGET FOR FISCAL YEAR 2024/2025: Mr. Wasson reviewed highlights of the
proposed budget.
The Commission reviewed the budget with discussions focused on the following: police
dispatchers, median landscaping, night vision equipment for the police, funds for the new
high school, items that the reserve funds are used for, tiles owed the City by Safra Bank,
grant money, total amount in reserves, Financial Department national award, new
signage and possible new logo, increased cameras, school ground improvements, new
police employees and vehicles, increasing the cost of living adjustment (COLA) to 5%,
billboards and other revenue sources, red light camera program, license plate reader
program, IKE smart kiosks, and the need for a more robust marine patrol.
Aventura City Commission Meeting (Budget Review) Minutes
July 18, 2024
A brief recess was taken from 9:30 a.m. to 9:42 a.m. during the discussion due to a fire
alarm.
It was the consensus of the City Commission to amend the proposed budget by increasing
the COLA to 5% for general employees and any adjustments needed for the insurance
rates as well as the other items discussed.
The Department Directors responded to questions as needed.
A motion for approval to proceed with the proposed budget as presented, with the
amendments as provided by consensus, was offered by Commissioner Bloom and
seconded by Commissioner Joel.
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The motion passed unanimously, by roll call vote.
4. MOTION TO ADOPT RESOLUTION TO ESTABLISH TENTATIVE MILLAGE
RATE: Mrs. Horvath read the following Ordinance title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2024/2025 FISCAL YEAR;
PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER
THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Joel and seconded
by Vice Mayor Dr. Marks.
Mr. Wasson reviewed the item including the proposed millage rate of 1 .7261 mills and the
dates/times for the budget public hearings.
Following Commission discussion, the budget hearings were set for September 3, 2024
at 6:00 p.m. (First Budget Public Hearing) and September 10, 2024 at 6:00 p.m. (Second
Budget Public Hearing).
Mayor Weinberg opened the item for public comment. There being no comments, Mayor
Weinberg closed the item for public input.
The City Commission discussed the item and requested that the millage rate be
highlighted on social media since it had remained the same since the City's incorporation.
The motion for approval of the Resolution passed unanimously by roll call vote and
Resolution No. 2024-44 was adopted.
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Aventura City Commission Meeting (Budget Review) Minutes
July 18, 2024
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
Mr. Wasson requested that Item 5D be added to the Consent Agenda, as reviewed earlier
in the meeting.
A motion to approve adding Item 5D to the Consent Agenda was offered by Commissioner
Friedland, seconded by Commissioner Joel, and passed unanimously by roll call vote.
A motion to approve the items on the Consent Agenda was offered by Commissioner
Bloom, seconded by Commissioner Kruss, and passed unanimously by roll call vote. The
following action was taken:
A. Resolution No. 2024-45 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION IN THE AMOUNT OF $288,546 FOR PROFESSIONAL SERVICES FOR
THE PREPARATION OF A COMPREHENSIVE SAFETY ACTION PLAN BY AND BETWEEN
THE CITY OF AVENTURA AND KIMLEY-HORN & ASSOCIATES, INC.; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
B. Resolution No. 2024-46 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AWARDING CONTRACTS TO ABS GENERAL CONTRACTORS, INC., JLMB
CONSTRUCTION CORP., AND WAYPOINT CONTRACTING, INC. FOR MISCELLANEOUS
CONSTRUCTION TRADE SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
C. Resolution No. 2024-47 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION IN THE AMOUNT OF $139,400 FOR PROFESSIONAL SURVEYING AND
MAPPING SERVICES FOR THE NE 191 STREET SYSTEM STORMWATER DRAINAGE
AND ROADWAY IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF
AVENTURA AND KCI TECHNOLOGIES, INC.; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
D. Resolution No. 2024-48 adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY RELATING TO
THE PUBLICATION OF LEGAL ADVERTISEMENTS AND PUBLIC NOTICES ON MIAMI-
DADE COUNTY'S PUBLICLY ACCESSIBLE WEBSITE; PROVIDING FOR
AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ORDINANCES — FIRST READING/PUBLIC HEARINGS:
Mrs. Horvath read the following Ordinance title:
Page 3 of 5
Aventura City Commission Meeting (Budget Review) Minutes
July 18, 2024
A. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
CREATING SECTION 48-46 OF THE CITY'S CODE OF ORDINANCES TO AUTHORIZE THE
PLACEMENT, INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS ON
ROADWAYS MAINTAINED AS SCHOOL ZONES, ESTABLISH TRAFFIC ENFORCEMENT
PROCEDURES WHEN SPEED DETECTION SYSTEMS ARE UTILIZED FOR SCHOOL
ZONE SPEED LIMIT VIOLATIONS, AND CREATE HEARING PROCEDURES RELATING TO
SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Vice Mayor Dr. Marks 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.
Mrs. Horvath read the following Ordinance title:
B. AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD
FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ORDINANCE NO. 2023-08, WHICH ORDINANCE ADOPTED A CHARTER
SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF
EXCELLENCE SCHOOL FOR FISCAL YEAR 2023/2024 (JULY 1 —JUNE 30) BY REVISING
THE 2023/2024 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Joel and seconded
by Commissioner Bloom.
Mr. Wasson reviewed the item.
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 4 of 5
Aventura City Commission Meeting (Budget Review) Minutes
July 18, 2024
7. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Kruss, seconded by
Commissioner Bloom, and unanimously approved; thus, adjourning the meeting at 10.32
a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on September 3, 2024.
Page 5 of 5
AVENTURA CITY COMMISSION
REGULAR WORKSHOP MINUTES
J U LY 18, 2024
9:00 a.m.
Aventura Government Center
19200 W. Country Club Drive
Aventura, FL 33180
1. Call to Order/Roll Call: The meeting was called to order by Mayor Weinberg at
10:32 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 Paul A. Kruss, City Manager Ronald J. Wasson, City Clerk Ellisa
L. Horvath, and City Attorney Robert Meyers. Commissioner Michael Stern was absent.
As a quorum was determined to be present, the meeting commenced.
2. Pledge of Allegiance: The Pledge was done at the City Commission Meeting.
3. Discussion: Awarding Key to the City to Dr. Marvin Wellen (Vice Mayor Dr.
Marks): Vice Mayor Dr. Marks requested that the City Commission consider awarding a
Key to the City to Dr. Wellen and reviewed his accomplishments as outlined in the
agenda.
The City Commission discussed the item and the need to keep the key reserved for
certain individuals as outlined in the City's requirements.
Mayor Weinberg offered to issue a proclamation for Dr. Wellen in recognition of his
accomplishments and efforts to be presented at the September 3, 2024 Commission
Meeting, in addition to the one that had been issued during the COVID-19 pandemic.
Mayor Weinberg also offered to issue a proclamation for Commissioner Joel's brother in
recognition of his 100th birthday.
City Manager Summary: No consensus was provided to award a Key to the City.
The following additional items were discussed:
Consensus was provided in response to Vice Mayor Dr. Marks' request to publicize and
distribute an information card as provided in the past on responses to active shooters.
Mr. Meyers briefly discussed the documents provided to the City and members of the City
Commission regarding Turnberry North and Turnberry South referencing a Bert Harris
Act Claim relating to Ordinance No. 2023-14. He will provide an analysis to the
Commission members and a response that will be sent.
Aventura City Commission
Regular Workshop Minutes—July 18, 2024
Mr. Wasson reported on the Florida League of Cities (FLC) request to provide a voting
delegate for Aventura for the FLC conference in August. Consensus was provided for
Commissioner Friedland to serve as the City's voting delegate since she was attending
the conference.
Street Renaming — 21011 Street (Commissioner Friedland): Commissioner
Friedland suggested that the City Commission consider a request by Rabbi Forta to name
the side street along 2101h Street, in addition to the street number, bordering Aventura
Chabad. She noted for the record that it was not her synagogue.
The City Commission discussed the item including whether or not the street was private,
possible security issues in renaming the street, and additional requests that may follow if
one is approved.
Mr. Wasson, accompanied by Deputy City Manager Bryan Pegues and Community
Development Director Keven Klopp, explained the specifics of the City street with a public
easement.
Police Chief Michael Bentolila provided comments.
City Manager Summary: No consensus was provided to proceed.
4. Adjournment: There being no further business to come before the City
Commission, the meeting was adjourned by consensus at 11 .05 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on September 3, 2024.
Page 2 of 2
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AVENTURA CITY COMMISSION
SPECIAL MEETING MINUTES
AUGUST 6, 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 9:09 a.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 Paul A. Kruss, City Manager Ronald J. Wasson, City
Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Billy Joel was
absent. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weinberg.
3. RESOLUTIONS:
Mrs. Horvath read the following Resolution title:
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 IN
CONJUNCTION WITH THE AVENTURA GENERAL ELECTION AS WELL AS THE MIAMI-
DADE COUNTY GENERAL ELECTION, TO FILL A VACANCY ON THE CITY COMMISSION
FOR COMMISSIONER SEAT 2 IN ACCORDANCE WITH THE CITY CODE OF
ORDINANCES CHARTER SECTION 2.05(c)(ii); PROVIDING FOR THE CONDUCT OF SAID
ELECTION; ESTABLISHING A QUALIFYING PERIOD TO FILE FOR CITY COMMISSIONER
SEAT 2; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Kruss and
seconded by Commissioner Bloom.
Mrs. Horvath accompanied by Mr. Meyers reviewed the item and responded to questions.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
The motion for approval of the Resolution passed unanimously by roll call vote, and
Resolution No. 2024-49 was adopted.
1 Participated via virtual communications media technology.
Aventura City Commission Special Meeting Minutes
August 6, 2024
Mrs. Horvath read the following Resolution title:
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY TO MAKE COBRA PAYMENTS FOR ELECTED OFFICIALS AND
THEIR DEPENDENTS PARTICIPATING IN THE CITY'S GROUP INSURANCE PLAN FOR
THE REMAINDER OF THE OFFICIAL'S CURRENT TERM IN OFFICE OR THE MAXIMUM
COVERAGE PERIOD, WHICHEVER IS SHORTER, WHEN THE OFFICE IS VACATED DUE
TO DISABILITY OR DEATH; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval of the Resolution was offered by Commissioner Bloom and
seconded by Commissioner Friedland.
Mr. Wasson reviewed the item.
The City Commission provided positive comments.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
The motion for approval of the Resolution passed unanimously by roll call vote, and
Resolution No. 2024-50 was adopted.
The City Commission briefly discussed the City's 301h Anniversary next year and ideas to
promote it including a contest for a new City seal and light pole banners. Mr. Wasson will
provide a plan for further discussion.
A black/white cookie "toast" was done on behalf of former Commissioner Michael Stern.
4. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Kruss, seconded by
Commissioner Friedland, and unanimously approved; thus, adjourning the meeting at
9:24 a.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on September 3, 2024.
Page 2 of 2
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: August 30, 2024
SUBJECT: Recommendation —Vision Zero Action Plan
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt Vision Zero as the policy for road and
traffic safety, and set a target date of 2030 for achieving zero roadway fatalities and
serious injuries, and authorize the City Manager to appoint a working group to assist in
developing, implementing, and monitoring the action plan.
BACKGROUND
The Bipartisan Infrastructure Law (BIL) established the Safe Streets and Roads for All
(SS4A) discretionary program with $5 billion in appropriated funds over 5 years, 2022-
2026. The SS4A program funds initiatives through grants to prevent roadway deaths and
serious injuries.
The City applied for funding and has been approved to receive $256,000 to develop a
comprehensive Safety Action Plan that supports the USDOT's and Miami-Dade County's
Vision Zero goals, provides a framework to reduce fatalities and serious injuries on
roadways, and improves the safety, health, and well-being of residents and visitors. The
Safety Action Plan will address all roadway users, including pedestrians, bicyclists, public
transit, personal conveyance, micro mobility users, motorists, and commercial vehicle
operators.
The initial two components of the Vision Zero Action Plan are: 1) Leadership Commitment
and Goal Setting, which involves adapting the Vision Zero policy, and 2) Planning
Structure, which entails appointing a working group to assist in developing, implementing,
and monitoring the action plan.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, DESIGNATING THE CITY AS A "VISION ZERO CITY" AND
AUTHORIZING THE CITY MANAGER TO CREATE A VISION ZERO ACTION
PLAN TO ESTABLISH A GOAL OF NO SEVERE TRAFFIC INJURIES OR
FATALITIES BY 2030; AUTHORIZING THE CITY MANAGER TO APPOINT A
WORKING GROUP TO ASSIST IN DEVELOPING, IMPLEMENTING AND
MONITORING THE ACTION PLAN; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the life and health of all persons living and traveling within the City of
Aventura are our utmost priority, and no one should die or be seriously injured while
traveling on our city streets; and
WHEREAS, Vision Zero is the concept that traffic deaths and serious injuries on
our roadways are unacceptable; and
WHEREAS, Vision Zero is a holistic strategy aimed at eliminating all traffic
fatalities and severe injuries suffered by all road users while increasing safe, healthy,
equitable mobility for all; and
WHEREAS, streets and transportation systems have traditionally been designed
primarily to move cars efficiently, and Vision Zero supports a paradigm shift by designing
streets and transportation systems to move all people safely, including people of all ages
and abilities, pedestrians, bicyclists, public transit users, scooter riders, and motorcyclists,
as well as drivers and passengers of motor vehicles; and
WHEREAS, Vision Zero recognizes that people will sometimes make mistakes, so
the road system and related policies should be designed to ensure that those inevitable
mistakes do not result in severe injuries or fatalities; therefore, transportation planners
and engineers and policymakers are expected to improve the roadway environment,
policies, and other related systems to lessen the severity of crashes; and
WHEREAS, making streets safer for all people using all modes of transportation
will encourage people to travel on foot, by bicycle, and by public transit, which supports
a healthier, more active lifestyle and reduces environmental pollution; and
WHEREAS, successful Vision Zero programs are a result of both a complete
government approach (i.e., interdepartmental, coordinated initiatives) and community
support of Vision Zero objectives and action plans; and
City of Aventura Resolution No. 2024-
WHEREAS, the United States Department of Transportation ("DOT") through the
Federal Highway Administration ("FHWA") has published a Vision Zero Toolkit to provide
communities with the tools and resources to advance Vision Zero; and
WHEREAS, in demonstration of the City's commitment to include meaningful
community engagement throughout the various stages of the Zero Vision Plan, the City
Manager will form a working group of individuals with diverse backgrounds and
professional experiences ("Working Group") to assist with the development,
implementation and monitoring of the Zero Vision Plan for the City of Aventura; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. That the City Commission hereby adopts Vision Zero as the policy
for road and traffic safety in the City of Aventura and directs near and long-term traffic
planning to be based on Vision Zero principles.
Section 3. That the City Commission hereby authorizes the City Manager to
create a Vision Zero Action Plan to accomplish the goals to eliminate traffic fatalities and
reduce serious injuries due to traffic crashes by adopting a safe system approach for
pedestrians, bicyclists, public transit users, scooter riders, and motorcyclists, as well as
drivers and passengers of motor vehicles.
Section 4. That the City Commission authorizes the City Manager to form a
Working Group (reporting to the City Manager) to assist with the development,
implementation and monitoring of the Action Plan.
Section 5. That the City Commission adopts the goal of eliminating traffic
deaths and serious injuries by 2030 and endorses Vision Zero as a comprehensive and
holistic approach to achieving this goal.
Section 6. That this Resolution shall become effective immediately upon its
adoption.
Page 2 of 3
City of Aventura Resolution No. 2024-
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this V day of September, 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
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission C_YD__
FROM: Ronald J. Wasson, City Manager
DATE: August 30, 2024
SUBJECT: Resolution Approving Interlocal Agreement with Miami-Dade County
for the Enforcement of Those Sections Listed in the Code Through
Chapter 8CC
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution authorizing
the City Manager to enter into an Interlocal Agreement with Miami-Dade County for the
enforcement of those sections listed as provided through Chapter 8CC of the Miami-Dade
County Code.
BACKGROUND
Said Interlocal Agreement authorizes the City's Police Department to enforce the listed
sections of the Code including the ability to issue violation notices, and provides for costs
related to conducting hearings on appeals, as well as costs associated with administering
the program.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC04021-24
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY FOR THE ENFORCEMENT OF THOSE
SECTIONS LISTED IN SAID AGREEMENT OF THE MIAMI-DADE
COUNTY CODE THROUGH CHAPTER 8CC OF THE MIAMI-DADE
COUNTY CODE; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City to
execute and otherwise enter into the attached agreement (Exhibit "A") by and between
the City of Aventura and Miami-Dade County for the enforcement of those sections as
provided in that agreement through Chapter 8CC of the Miami-Dade County Code.
Section 2. Said Interlocal Agreement authorizes the City of Aventura Police
Department to enforce those listed sections of the Miami-Dade County Code, including
the ability to issue civil violation notices, and provides for costs related to conducting
hearings on appeals, as well as costs associated with administering the program.
Section 3. The City Manager is hereby authorized to do all things necessary
and expedient to carry out the aims of this Resolution.
Section 4. This Resolution shall become effective immediately upon adoption.
The foregoing resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2024-
PASSED AND ADOPTED this V day of September, 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
INTERLOCAL AGREEMENT BETWEEN
NHAMI-DADE COUNTY,FLORIDA
AND
THE CITY OF AVENTURA
ALLOWING THE CITY OF AVENTURA POLICE TO ENFORCE
SECTIONS 7-1(C), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37,8A-52,8A-172,8A-
276(B),21-21,21-21.2(B),21-21.3,21-24.1,21-27.1,21-27.2,21-28,21-29(B),21-29.1,21-
31.1,21-31.2(B)(1),21-31.2(B)(2),21-31.4(B),21-35(D),21-36,21-36.1,21-36.3(C),21-38(A),
21-51,21-56,21-57,21-81(D),21-118,21-133,21-136,21-287,26-1,26A-2A,AND
31-105 OF THE CODE OF MIAMI-DADE COUNTY
THROUGH CHAPTER 8CC OF THE COUNTY CODE
This Interlocal Agreement ("Agreement") is made and entered this day of
, 2024, by and between MIAMI-DADE COUNTY, FLORIDA, a political
subdivision of the State of Florida (hereafter "COUNTY") and the City of Aventura (hereafter
"PARTICIPATING ENTITY").
WITNESSETH
WHEREAS, a PARTICIPATING ENTITY may enforce within its lawful jurisdiction
within Miami-Dade County provisions of the Code of Miami-Dade County (the "County Code")
through chapter 8CC of the County Code upon execution and adoption of an interlocal agreement
by the COUNTY and the PARTICIPATING ENTITY which contains the sections of the County
Code the PARTICIPATING ENTITY wishes to enforce, the job title of the agents or employees
of the PARTICIPATING ENTITY authorized to perform the enforcement functions, the amount
reimbursable to the COUNTY for administrative costs,the amount of revenue reimbursable to the
PARTICIPATING ENTITY from any fine collected, an agreement to indemnify and hold the
COUNTY harmless from and against any and all liability, actions and causes of actions relating to
the PARTICIPATING ENTITY's enforcement, and a term not to exceed three (3) years; and
WHEREAS, the COUNTY and the PARTICIPATING ENTITY agree that it is in their
mutual best interests and the best interests of the PARTICIPATING ENTITY and of the citizens
of the COUNTY to have the PARTICIPATING ENTITY enforce the provisions of sections 7-
1(c), 7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(b),21-21, 21-
21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2,21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(1), 21-
31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21-
81(d), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code, as they
may be amended from time to time, through chapter 8CC of the County Code,
NOW,THEREFORE,IN CONSIDERATION of the mutual benefits derived here from
and in compliance with section 8CC-11 of the County Code, the COUNTY and the
PARTICIPATING ENTITY covenant and agree as follows:
I. CODE SECTIONS SUBJECT TO ENFORCEMENT
The PARTICIPATING ENTITY is authorized to enforce the provisions of sections 7-1(c),
7-3, 7-4, 7-22.1, 7-26, 7-26.1, 7-33, 7-34, 7-35, 7-37, 8A-52, 8A-172, 8A-276(b), 21-21, 21-
21.2(b), 21-21.3, 21-24.1, 21-27.1, 21-27.2,21-28, 21-29(b), 21-29.1, 21-31.1, 21-31.2(b)(1), 21-
31.2(b)(2), 21-31.4(b), 21-35(d), 21-36, 21-36.1, 21-36.3(c), 21-38(a), 21-51, 21-56, 21-57, 21-
81(d), 21-118, 21-133, 21-136, 21-287, 26-1, 26A-2A, and 31-105 of the County Code (the
"Specified Sections"), as they may be amended from time to time, through chapter 8CC of the
County Code, including but not limited to the ability to issue civil violation notices under section
8CC-10 of the County Code for violations of the provisions of the Specified Sections, as they may
be amended from time to time, within the jurisdiction of the PARTICIPATING ENTITY.
Notwithstanding this authorization, nothing in this Agreement shall be construed to limit,
2
supersede, or remove the independent authority of the COUNTY to enforce the Specified Sections
within the jurisdiction of the PARTICIPATING ENTITY.
II. AUTHORIZED AGENTS
All law enforcement officers as defined by section 943.10(1), Florida Statutes that are
employed by the PARTICIPATING ENTITY are authorized by this Agreement to perform the
enforcement functions outlined in and in accordance with this Agreement.
III. AMOUNT REIMBURSABLE TO MIAMI-DADE COUNTY FOR COSTS
RELATED TO THE CONDUCT OF HEARINGS ON APPEALS
The PARTICIPATING ENTITY shall reimburse the COUNTY for the administrative costs
relating to the conduct of hearings on appeals from violations as provided in Section I above by
paying the administrative fee for civil violation hearings as outlined in Implementing Order 4-33.
The PARTICIPATING ENTITY shall also be responsible for reimbursing the COUNTY for any
attorney's fees and costs, including the costs of transcripts and clerical costs, incurred in such
proceedings. The billing for the administrative fee and any incurred attorney's fees and costs shall
be processed by the Miami-Dade Police Department, and funds shall be payable to the Miami-
Dade Police Department within thirty (30) days of receipt of an invoice for such services. Funds
received by the Miami-Dade Police Department from the PARTICIPATING ENTITY will be
deposited into the Miami-Dade County Diversion Program, except that a portion of the funds
received from the PARTICIPATING ENTITY may be used to offset costs incurred by the Miami-
Dade Police Department in connection with billing for the above fee and costs.
In addition, the PARTICIPATING ENTITY shall bear all costs relating to any subsequent
appeal of the Hearing Officer's decision to the Circuit Court of the Eleventh Judicial Circuit and/or
any higher court, and shall be solely responsible for representing the PARTICIPATING ENTITY
in any such proceedings.
3
IV. AMOUNT OF REVENUE REIMBURSABLE TO THE PARTICIPATING ENTITY
FROM THE FINE COLLECTED
Subject to applicable state law,the Clerk of Courts shall, on a quarterly basis, reimburse to
the PARTICIPATING ENTITY the fines collected from the issuance of civil violation notices for
violations of the Specified Sections as set forth in section 8CC-10 of the County Code. Prior to the
reimbursement, the Clerk of Courts will deduct the Clerk's administrative costs of processing the
civil violation notices from the fines collected. Should the violator opt to enter the Miami-Dade
County Diversion Program as set forth in Implementing Order 2-12, the Clerk shall pay to the
COUNTY, and the COUNTY shall keep,the entire processing fee paid by the violator.
V. TERM OF AGREEMENT AND RENEWALS
This Agreement shall be in full force and effect from the date of the final execution by
either party and shall continue for three (3)years. At the expiration of the three (3)year period,in
order for the PARTICIPATING ENTITY to continue its enforcement efforts, the COUNTY and
the PARTICIPATING ENTITY may renew this Agreement for up to three (3) terms of three (3)
years each.
VI. PARTICIPATING ENTITY INDEMNIFICATION OF THE COUNTY
Subject to the limitations set forth in section 768.28, Florida Statutes, and all other
applicable laws,the PARTICIPATING ENTITY shall indemnify and hold harmless the COUNTY
from and for any losses, claims, causes of action, or damages of any nature whatsoever, arising
from the act, omission,performance, or failure of performance of the PARTICIPATING ENTITY
or the PARTICIPATING ENTITY's agents, contractors, servants, and employees relative to the
enforcement of the provisions of the Specified Sections pursuant to chapter 8CC of the County
Code. The PARTICIPATING ENTITY shall defend the COUNTY in any action, including any
action in the name of the COUNTY.
4
VIL DEFAULT
A. Without limitation, the failure by the PARTICIPATING ENTITY to substantially fulfill
any of its material obligations in accordance with this Agreement shall constitute a
"Participating Entity Default."If a Participating Entity Default should occur,the COUNTY
shall have all the following rights and remedies which may be exercised singly or in
combination:
I. The right to declare that this Agreement together with all rights granted to the
PARTICIPATING ENTITY thereunder are terminated, effective upon such date as
is designated by the COUNTY. Provided, however, that the COUNTY shall give
PARTICIPATING ENTITY a period of thirty (30) days after receipt of the written
notice from the COUNTY of said default to cure any Participating Entity Default
unless the COUNTY determines, in its sole and absolute discretion, that the nature
of the default is such that it cannot be cured in a period of thirty (30) days from the
date of the default. If the PARTICIPATING ENTITY commences reasonable
efforts to cure such default no later than thirty (30)days after such notice, and such
efforts are prosecuted to completion and to the COUNTY's satisfaction,then it shall
be deemed that no Participating Entity Default shall have occurred under the
provisions of this paragraph.
2. Any and all rights provided under the laws of the State of Florida.
B. Without limitation, the failure by the COUNTY to substantially fulfill any of its material
obligations in accordance with this Agreement shall constitute a "County Default." If a
County Default should occur, the PARTICIPATING ENTITY shall have all of the
following rights and remedies which it may exercise singly or in combination:
5
1. The right to declare that this Agreement together with all rights granted to the
COUNTY thereunder are terminated, effective upon such date as is designated by
the PARTICIPATING ENTITY. Provided, however, that the PARTICIPATING
ENTITY shall give the COUNTY a period of thirty(30)days after receipt of written
notice from the PARTICIPATING ENTITY of said default to cure any County
Default unless the PARTICIPATING ENTITY determines, in its sole and absolute
discretion, that the nature of the default is such that it cannot be cured in a period
of thirty (30) days from the date of the default. If the COUNTY commences
reasonable efforts to cure such default no later than thirty (30) days after such
notice, and such efforts are prosecuted to completion and to the PARTICIPATING
ENTITY's reasonable satisfaction, then it shall be deemed that no County Default
shall have occurred under the provisions of this paragraph.
2. Any and all rights provided under the laws of the State of Florida.
VIIL TERMINATION
Notwithstanding the above, this agreement may be terminated by either the COUNTY or
the PARTICIPATING ENTITY upon thirty (30) days' written notice.
IX. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. The COUNTY and the PARTICIPATING ENTITY agree to submit to service of
process and jurisdiction of the State of Florida for any controversy or claim arising out of or
relating to this Agreement or a breach of this Agreement. Venue for any court action between the
COUNTY and the PARTICIPATING ENTITY for any such controversy arising from or related
to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.
6
X. ENTIRETY OF AGREEMENT
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein. The
COUNTY and the PARTICIPATING ENTITY agree that there are no commitments, agreements,
or understandings concerning the subject matter of this Agreement that are not contained in this
Agreement, and that this Agreement contains the entire agreement between the COUNTY and the
PARTICIPATING ENTITY as to matters contained herein. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that any oral representations or modifications
concerning this Agreement shall be of no force or effect, and that this Agreement may be modified,
altered, or amended only by a written amendment duly executed by both the COUNTY and the
PARTICIPATING ENTITY and their authorized representatives.
XI. HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement and shall not affect the meaning or interpretation of any
provisions herein.
XIL RIGHTS OF OTHERS
Nothing in this Agreement expressed or implied is intended to confer upon any person
other than the COUNTY and the PARTICIPATING ENTITY any rights or remedies under or by
reason of this Agreement.
7
XIIL REPRESENTATION OF THE ENFORCEMENT ENTITY
The PARTICIPATING ENTITY represents that: (i) this Agreement has been duly
authorized, executed, and delivered by the governing body of the PARTICIPATING ENTITY or
its designee; and (ii) it has the required power and authority to perform this Agreement.
XIV. REPRESENTATION OF COUNTY
The COUNTY represents that: (i)this Agreement has been duly authorized, executed, and
delivered by the governing body of the COUNTY or its designee; and (ii) the COUNTY has the
required power and authority to perform this Agreement.
XV. WAIVER
There shall be no waiver of any right related to this Agreement unless in writing signed by
the party waiving such right. No delay or failure to exercise a right under this Agreement shall
impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the
particular right so waived and shall not be deemed a waiver of the same right at a later time, or of
any other right under this Agreement.
XVL INVALIDITY OF PROVISIONS, SEVERABILITY
Wherever possible, each provision of the Agreement shall be interpreted in such manner
as to be effective and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement, provided that the material purposes of this Agreement can be
determined and effectuated.
8
XVII. NOTICE
Notices to the PARTICIPATING ENTITY shall be sufficient if sent by Federal Express or
certified mail,return receipt requested,postage prepaid, addressed to:
Mr. Ronald J. Wasson, City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
with copy to:
City Attorney
City of Aventura
19200 W. Country Club Drive
Aventura, Florida 33180
Notices to the COUNTY shall be sufficient if sent by Federal Express or certified mail,
return receipt requested, postage prepaid, addressed to:
Miami-Dade County Mayor
Miami-Dade County
Stephen P. Clark Center
I I N.W. 1st Street, 29th Floor
Miami, FL 33128
with copy to:
Miami-Dade County Attorney
Miami-Dade County
Stephen P. Clark Center
I I I N.W. 1st Street, 28th Floor
Miami, FL 33128
Or such other respective address as the COUNTY and the PARTICIPATING ENTITY may
designate to each other in writing from time to time.
IN WITNESS WHEREOF, the COUNTY and the PARTICIPATING ENTITY hereto
have set their hands and seals the day and year first above written.
9
NHANH-DADE COUNTY
Daniella Levine Cava,Mayor Date
ATTEST: Juan Fernandez-Barquin,
Clerk of the Court and Comptroller
By:
(Deputy Clerk Signature)
Print Name:
Date:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
Anita Viciana Zapata Date
Assistant County Attorney
Miami-Dade County, Florida
10
CITY OF AVENTURA
Ronald J. Wasson Date
City Manager
ATTEST:
Ellisa L. Horvath,MMC Date
City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
City Attorney Date
ll
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: August 30, 2024
SUBJECT: Approval of RFQT 24-004 HVAC Service, Maintenance, Repair,
Replacement, and Installation Agreements
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to enter into
agreements with Southern Comfort Solutions, Inc., Green Alliance, Inc., Cedenos
Comfort Cooling, LLC, and Pilar Services, Inc.
BACKGROUND
The City of Aventura (the "City") issued a Request for Quotation RFQT-24-004 HVAC
Service, Maintenance, Repair, Replacement, and Installation on July 3, 2024. The
purpose of RFQT is to establish firm fixed pricing from qualified contractors. Goods and
services will be purchased on an as needed basis and at the sole discretion of the City.
The City makes no guarantee of a specific volume of work to be performed.
To qualify for the award, prospective Proposers were required to:
A. Have a minimum of five (5) years of experience in providing construction trade
services.
B. Have been in continuous operation for a minimum of the past five (5) years from
the date of the RFQT.
C. Fully licensed with all applicable City, County, State and Federal licenses.
Eleven (11) proposals were received from the following firms listed in alphabetical order:
Name Average Standard Hourly
Rate
Blizzard Air Conditioning, LLC $125.00
Cedenos Comfort Cooling, LLC $88.75
Comfort Tech Air Conditioning, Inc. $112.75
Derbon Air Mechanical, Inc. $145.00
Fikon Corp. $98.50
Green Alliance, Inc. $65.00
Ozone Air Design, LLC $42.50
Pilar Services, Inc. $95.00
RGEN Enterprises LLC, dba Cool Water Air $110.00
Conditioning
Sherman Mechanical Contractors, LLC $47.50
Southern Comfort Solutions, Inc. $62.50
Staff performed a due diligence review of the proposals and found the following proposers
unresponsive due to defects in their proposals:
Derbon Air Mechanical, Inc. Considered non-responsive due to late
submittal
Ozone Air Design, LLC Considered non-responsive due to
mathematical errors in the bid
Sherman Mechanical Contractors, LLC Considered non-responsive due to
incomplete bid
Staff has reviewed all bids and has determined that it is in the City's best interest to award
this bid to the top four (4) lowest responsive and responsible proposers.
1. Southern Comfort Solutions, Inc.
2. Green Alliance, Inc.
3. Cedenos Comfort Cooling, LLC
4. Pilar Services, Inc.
All proposers will be required to post the appropriate insurance and performance bonds
and all work will be subject to review and inspection by City staff before payment is issued.
This contract is for an initial three (3) year contract, with two (2) one-year (1) renewals.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING CONTRACTS TO SOUTHERN
COMFORT SOLUTIONS, INC., GREEN ALLIANCE, INC., CEDENOS
COMFORT COOLING, LLC, AND PILAR SERVICES, INC. FOR HVAC
SERVICE, MAINTENANCE, REPAIR, REPLACEMENT, AND
INSTALLATION; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACTS; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has properly solicited and accordingly accepted bids
for HVAC service, maintenance, repair, replacement, and installation; and
WHEREAS, staff received bids from eleven companies and has determined that
Southern Comfort Solutions, Inc., Green Alliance, Inc., Cedenos Comfort Cooling, LLC,
and Pilar Services, Inc. submitted the lowest and responsive bids for HVAC service,
maintenance, repair, replacement, and installation; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said contracts to Southern Comfort Solutions, Inc.,
Green Alliance, Inc., Cedenos Comfort Cooling, LLC, and Pilar Services, Inc. as the
lowest responsible and responsive bidders, on an as needed basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That contracts for HVAC service, maintenance, repair, replacement,
and installation are hereby awarded to Southern Comfort Solutions, Inc., Green Alliance,
Inc., Cedenos Comfort Cooling, LLC, and Pilar Services, Inc.
Section 2. That the City Manager is hereby authorized to execute contracts with
Southern Comfort Solutions, Inc., Green Alliance, Inc., Cedenos Comfort Cooling, LLC,
and Pilar Services, Inc., on an as needed basis.
Section 3. That the City Manager is hereby authorized and requested to take all
other necessary and expedient actions to implement this Resolution in awarding these
contracts.
City of Aventura Resolution No. 2024-
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
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this V day of September, 2024.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
CITY OF "ENTURA
DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Jake Ozyman, PE, Public Works & Transportation Director
DATE: August 30, 2024
SUBJECT: Approval of RFP No. 2024-7-1 Stormwater System Maintenance
Services
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to negotiate and
enter into an agreement with US Lubricants, LLC and Envirowaste Services Group, Inc.
BACKGROUND
The City of Aventura (the "City") issued a RFP No. 2024-7-1 Stormwater System
Maintenance Services on July 9, 2024. The purpose of RFP is to establish firm fixed
pricing from qualified contractors. Goods and services will be purchased on an as needed
basis and at the sole discretion of the City. The City makes no guarantee of a specific
volume of work to be performed.
To qualify for the award, prospective Proposers were required to:
A. Have a minimum of five (5) years of experience in providing vacuum cleaning and
jetting services for stormwater and wastewater infrastructure for government
agencies.
B. Have been in continuous operation for a minimum of the past five (5) years from
the date of the RFP.
C. Fully licensed with all applicable City, County, State and Federal licenses.
Five (5) proposals were received from the following firms listed in alphabetical order:
Name Price Proposal
ATC Engineering, Inc. $606,300
Envirowaste Services Group, Inc. $322,800
Express Drain & Sewer Cleaning, LLC $390,900
Shenandoah General Construction, LLC $1,766,000
US Lubricants, LLC $485,450
The Evaluation Committee was appointed by the City Manager and comprised of the
following City staff-
1. Angel Blanco, Assistant Public Works & Transportation Director
2. Anthony Mihalko, Stormwater Coordinator
3. Frank Galletti, Facilities Manager
Procurement performed a due diligence review of the proposals and found all three
responsive, with no material defects in their proposals, nor in the Proposers'
qualifications. Each Proposer has been in business for more than five years, they are
appropriately licensed to do the work, and provide the requested certifications and
references. Procurement did not find any issues that would indicate that any of the
responsive Proposers were incapable of performing the services.
The Evaluation Committee was provided with the proposals and on August 20, 2024, met
to discuss, review, score and rank the proposals, and a ranking was established as
follows:
Evaluation ATC Envirowaste Express Shenandoah US
Committee Engineering, Services Drain & General Lubricants,
Member Inc. Group, Inc. Sewer Construction, LLC
Cleaning, LLC
LLC
Anthony Mihalko 4 1 2 3 2
Angel Blanco 5 2 3 4 1
Frank Galletti 3 2 4 5 1
Score 12 5 9 12 4
Final Rank 4 2 3 4 1
Based on the Evaluation Committee's established rankings, it is recommended that the
City Commission authorize the City Manager to negotiate and enter into an agreement
with the top two (2) highest ranked Contractors.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING US LUBRICANTS, LLC AND
ENVIROWASTE SERVICES GROUP, INC. FOR STORMWATER
MAINTENANCE SERVICES PURSUANT TO RFP 2024-7-1;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
THE AGREEMENTS; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") issued a Request for Proposals No.
2024-7-1 (the "RFP") for Stormwater System Maintenance Services ("Services"); and
WHEREAS, five sealed proposals were received by the RFP deadline; and
WHEREAS, on August 20, 2024, an Evaluation Committee appointed by the City
Manager evaluated the proposals and ranked US Lubricants, LLC and Envirowaste
Services Group, Inc. (the "Contractors") as the top two (2) highest ranked Contractors;
and
WHEREAS, the City Manager recommends that the Contractors be selected to
provide the Services as further provided in the Staff Memorandum supporting this
Resolution; and
WHEREAS, the City Commission desires to select the Contractors to provide the
Services and authorize the City Manager to negotiate and enter into agreements with the
two Contractors; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That each of the above-stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. That the City Commission hereby selects the Contractors for the
Services.
City of Aventura Resolution No. 2024-
Section 3. That the City Commission hereby authorizes the City Manager to
negotiate and execute separate agreements with each Contractor, and subject to the City
Attorney's approval as to form, content, and legal sufficiency.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this V day of September, 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
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director N�L
DATE: August 30, 2024
SUBJECT: Resolution Awarding Contract for Property, General Liability,
Automobile Liability and Physical Damage, Cyber Liability and
Workers' Compensation Insurance to Brown and Brown Insurance
Services, Inc.
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution which
authorizes the City Manager to enter into an Agreement for professional insurance
services and coverage with Brown and Brown Insurance Services, Inc. ("Brown and
Brown"). The Agreement policy period is October 1 , 2024 — October 1 , 2025.
BACKGROUND
Since the City's incorporation in November 1995, the Florida Municipal Insurance Trust
("FMIT") has provided the City with its property, general liability, automobile liability and
physical damage and workers' compensation insurance coverage. The City issued a
Request for Proposals ("RFP") in 2006 and 2020 for Professional Insurance Services and
Coverages and both times awarded the contract to FMIT. Although FMIT's customer
service continues to be excellent, the insurance premiums have increased significantly
over the last few years. In the prior year, property insurance increased by approximately
$800,000 or 200%.
To explore a more cost-effective option, the City Manager, Finance Director and HR
Director/Risk Manager met with an alternate insurance provider, Brown and Brown, in
July 2024.
The schedule below shows a comparison of FMIT's insurance premium renewal quote
vs. Brown & Brown's proposal for FY 24/25:
1
i • i • i •
i •
Coverage FY 24/25* FY 24/25 $ %
Property $ 1,599,661 $ 824,985 $ (774,676) -48.4%
General/Prof Liability 397,182 362,900 (34,282) -8.6%
Cyber Liability 3,361 9,953 6,592 196.1%
Auto 238,397 191,076 (47,321) -19.8%
Workers' Comp 566,162 433,671 (132,491) -23.4%
Total $ 2,804,763 $ 1,822,585 $ (982,178) -35.0%
* Pricing for FY 24/25 from FMIT is from their renewal quote sent on 8/16/2024.
The proposal from Brown & Brown provides almost identical coverage as FMIT. The
differences are minimal and do not pose a material impact.
Pursuant to the City Code of Ordinances Section 2- 253(2) and in accordance with Florida
Statutes Title XI I I, Chapter 189, Section 4221, the City is authorized to "piggyback" and
enter into contracts without competitive bidding. The Town of Jupiter, a State of Florida
municipality, issued a Request for Proposals (RFP # HR001-2023) on 5/8/2023 for
professional insurance coverages. Proposals were opened on 5/30/2023 and Brown &
Brown was awarded the contract.
Considering the significant cost savings of almost $1 M for the City, I recommend that the
City Commission approve the Resolution to award the Insurance agreement to Brown &
Brown.
A copy of their proposal and other supporting documents are available for review in the
Finance Department. Should you have any questions pertaining to this memorandum,
please feel free to contact the City Manager.
2
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S
PROPERTY, GENERAL LIABILITY, AUTOMOBILE LIABILITY AND
PHYSICAL DAMAGE, CYBER LIABILITY AND WORKERS'
COMPENSATION INSURANCE TO BROWN & BROWN INSURANCE
SERVICES, INC; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ASSOCIATED CONTRACTS; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura requires insurance coverages for comprehensive
property including crime and bond; general liability including law enforcement liability and
public officials' liability; automobile liability and physical damage; cyber liability; and
workers' compensation and other insurable risks; and
WHEREAS, the City Manager has, pursuant to the various laws of the State of
Florida and the Code of the City of Aventura, properly accepted a proposal for property,
general liability, automobile liability and physical damage, cyber liability and workers'
compensation insurance to enable the City to select a vendor without competition by
utilizing co-operative purchasing to piggyback off of an active contract and obtain the
same terms and conditions set forth in the original contract which was awarded through
a competitive process; and
WHEREAS, the City has identified a contract awarded to Brown and Brown
Insurance Services, Inc. ("Brown & Brown") by the Town of Jupiter, a State of Florida
municipality, for professional insurance coverages issued under RFP# HR001-2023 on
May 8, 2023; and
WHEREAS, the Brown & Brown proposal has been submitted to and received by
the City pursuant to the City' s request, and requirements for the coverage as cited above;
and
WHEREAS, staff has determined that Brown & Brown has submitted a responsible
and responsive proposal for said coverage; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said proposal to said lowest responsible and responsive
vendor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
City of Aventura Resolution No. 2024-
Section 1. The City Manager is hereby authorized to enter into an agreement
with Brown & Brown for professional insurance coverage as detailed in the proposal
attached hereto as Exhibit "A."
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this V day of September, 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
D. Brown & Brown
IPROPERTY & CASUALTY
Proposal Prepared for
City of Aventura
Policy Period 10/01/2024 - 10/01/2025
_ P
} �
About Brown & Brown
With a long-standing history of proven success, we continue to grow and thrive in the extremely competitive and ever-
evolving insurance industry.
Our philosophy is to identify and focus on the exact needs of our clients through analyzing options and strategically planning
effective risk management solutions. Achieving optimum results requires an enormous amount of time, good relationships
and focus on our clients. It is our goal to solve problems for our clients — plain and simple. As succinctly stated in Brown &
Brown's 2020 Annual Report, Brown & Brown is built on integrity, innovation, superior capabilities and discipline.
Our office leverages our massive global resources and offers deep specialties and market strength on behalf of its clients
that is simply not possible from a smaller firm. Brown & Brown is headquartered in Daytona Beach, Florida, with operations
at over 500 locations employing more than 16,000 teammates.
Tot. 10
IIIf Il Illy 0 500+ INS URi-sgL
16,00�+ LOCATIONS BROKERS
TEAMMATES "
Our Story
Brown & Brown Insurance was founded in 1939 as a two-partner firm and has risen to become one of the largest insurance
brokerages in the world. Powered by a culture that values high performance and perseverance, Brown & Brown is arguably
the most efficient operating platform in the insurance brokerage business. With a long-standing history of proven success,
Brown & Brown continues to grow and thrive in the extremely competitive and constantly changing insurance industry.
Our History
Brown & Brown Insurance was founded in Daytona Beach, Florida, in 1939 by cousins J. Adrian Brown and Charles
Covington Owen. In 1959, Adrian's son, Hyatt, took leadership of the family business. Under his direction, the Brown &
Brown vision of a lean and profit-oriented organization came into focus. Following a merger in 1993, the company became
Poe & Brown, Inc., publicly traded on Nasdaq. In 1998, Poe & Brown was changed back to Brown & Brown and became
listed on the New York Stock Exchange (NYSE: BRO),joining the S&P 500 in 2021. The company has continued to thrive
under Chief Executive Officer(CEO) J. Powell Brown, who became the third generation of the family to lead the organization
in 2009.
Powered by a culture that values high performance and perseverance, Brown & Brown has arguably the most efficient
operating model in the insurance brokerage business. We consistently deliver high-quality solutions and services to a broad
array of customers. With a precise and focused acquisition strategy, Brown & Brown has become one of the insurance
industry's most powerful and influential leaders.
Mission Statement
We are dedicated to making a positive difference in the lives of our customers by helping to protect what they value most.
Guiding Principles
We believe in doing what is best for our customers, communities, teammates, carrier partners and shareholders—always.
The cornerstones of our organization's guiding principles are people, performance, service and innovation.
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
In the event of differences,the policy will prevail.
BROWN&BROWN
3of57
Our Culture
Brown & Brown's deeply rooted culture is built on integrity, innovation, superior capabilities and discipline. Our culture is not
built through "big company" messaging; it is created by those that put in the work and remain true to shared values and a
commitment to always doing what is best for our customers and our communities.
Discover Our Capabilities
As a successful business, you plan for the future and adapt as circumstances change your course. At Brown & Brown, we
help you navigate the path forward, by taking a different approach to how you view, analyze and purchase insurance. Your
exposures are unique, and you deserve coverage options designed to help protect your assets, interests and reputation. Our
teams work to understand your business and your risk management plan by providing personalized local service
complemented by the exceptional resources and capabilities of a national brokerage.
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
In the event of differences,the policy will prevail.
BROWN&BROWN
4of57
Coverage Advantages
+ SUPERIOR WINDSTORM
COVERAGE.While other risk
pools exclude wharves,piers,
docks,signs,antennas,and
communication towers,our -
program provides wind coverage ,•
for these scheduled locations.
�m mot.
+ PREFERRED PROPERTY
PROGRAM Isashared limit.
The amount of limit purchased is
i
is determined annually,In
our 22 years of operation
and res pond ingto numerous - -JUL I + Most competitive
windstorm events,Preferred's i
windstorm deductibles in
total losses have never exceeded -
the shared liit purchased. �� the state.
m
+ No wind exclusions for
' - locations near the coast.
+ No additional premium
• 11 111 of Non . . .verage for injunctive Relief,EEOC,Publiccharged for a single
Records , Inverse Condemnationlocation or total site
locations acquired or newly
• Professional Liability offered on or constructed during the
year with values less than
$15,000,000,
.. -L imit5 u. to i o000,000■n all Ii bility lines.
+ Property in the open(PITO)
• Public Officials and Employment Practices liability with no aggregate limit. coverage is provided up
to 1,000 feet of an existing
• Defense costs are outside of the limit of liability,deductible does not location with no valuation
apply . defense.
restrictions.
• Dead ly Weaponprotection coverage free of -e.Crisis Response provided + Blanket Inland Marine
by leading ' responseCoverage for individual
equipment valued less
than$25,000.
The brief d escnption of cave rage tontainedin this document Is provided as an accommodation onlyand is not intended to cover or describe all coverage Agreement terms.For more
corn pleteand detailed mformatian reiatmgto the scope and limlts of coverage,please refer directly to the Cow erageAgfeementdocuments.Specimen forms are available upon request.
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
� In the event of differences,the policy will prevail.
• BROWN&BROWN
42 of 57
P*
GOVERNMENTAL
® INSURANCETRUST
. pnON
n �' if r.
! -rRi tN* .11,AR j�� nN `
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Insuring Florida's Future
Founded in 1999,Preferred is a non-assessable insurance risk pool made of and for its members,focusing on the unique needs
of Florida's public sector.Our robust membership and financial strength stem from a conservative platform of managed risk.
Program administration is provided by Public Risk Underwriters of Flofida(PRUf.
A key distinguishing feature and advantage of Preferred is the exclusive utilization of independent agents who specialize in public
sector risk throughout the state For distribution.
WHY IS THIS IMPORTANT?
Our members receive local,personalized service and have built-in representation and advocacy to achieve optimal results.
Preferred's membership is represented by Elected Officials from all segments of Florida's Public Sector.Our Board of Trustees
understands your needs and works diIrgentiy to bring you enhanced programs and services.
Specialized member-oriented claims service is provided by Preferred Governmental Claims Solutions(PGCS).With more than 46
years in claims experience,PGCS is Florida's foremost governmental third-party administrator.The cornerstones of their claims
administration are communication,quick access,and sound return-to-work policies.
Preferred is a proven structure of strength created to protect Florida's public sector.
FL Company Lode 9036a4
PO Box 958455 Lake Mary,FL 32795 1 321-832.1450 I pgit-org 051723
The brief descophon of coverage contained in th-s document is provided as an accommodation only and is not Intended to cover or describe all Coverage Agreement terms-For more
complete and detailed info rma Lion relating to the scope and Ilm its of coverage,please refer directly to the coverage Agreement documents.Specimen forms are ava l fable upon request.
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
4� In the event of differences,the policy will prevail.
BROWN&BROWN
43 of 57
Service is the heart of what we do
Our loss Guntrol & Mernbe► Services team I
takes a proactive approach designed to
reduce and prevent claims by customiz
services to your needs at no additional cost. 4L
_ y
PRLi-LRRED RISK MANAGEMENT RESOURCE VECTOR SOLUTIONS -Onlinetrainingplatformwith
CENTER FOR MEMBERS WHO PURCHASE THEIR over600 trainingcourses on HRiEmployment Practices,
EPLI COVERAGE FROM PREFERRED: OSHA Compliance,Motor Vehicle Safety,etc.
Cyber Security Resources PREFERRED VIRTUAL TRAINING ACADEMY -
+ Breach health check Virtual training on a wide variety of topics provided by our
+ Customizable Incident Response Plan
Loss Control Consultants and industry experts.
+ Unlimited Access to Cybersecurity Experts STREA MERY -24/7 mobile streaming from anywhere
+ Immediate crisis management&response with over 700 training topics
HR Helpline Services PREFERRED TIPS-50/50 matching safety&loss
+ Unlimited access.to HR and Employment Law experts control grant program up to 55,000.
ADA Website Compliance Resources
+ WAVE by WebAIM accessibility evaluation tool
+ Expert guidance on ADAccmpliance
74%
60,OOO+ $3,250,000+ Risk Management Resource
Completed Training Courses in TIPS Grants
Center Utilization
The brief description of coverage contained in this document is provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms.For more
complete and detailed information relating to the scope and limits of coverage.please refer directly to the Coverage Agreement documents.Specimen Forms are available upon request.
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
R In the event of differences,the policy will prevail.
BROWN&BROWN
45 of 57
Innovative Solutions. Accurate Valuations.
,y
In partnership with AssetWorks,Preferred provides property appraisals
for all property locations at no cost to our Members.The field
appraisals provide critical information on primary and secondary building
schad tren ding AssetWOR KS
.. . .
chooseshave the choice to insure at appraised values to maintain blanket coverage.
endorsedwill be 80%coinsurance clause.
You receive exclusive access to the AMP platform which offers an innovative
approach for property tracking and valuation management.AMP provides
dynamic reporting capabilities and features an intuitive design which allows
your team to getup and running in minutes.Vital property information is OAMP
maintained in AMP,including a change history for each asset.Up-to-date
property valuations and information are automatically imported into AMP ASWTMANAGEMENT PLATFORM
and our experienced team offers personalized training to optimize your use
of the system and reporting tools.
The brief descr+peon of to re rage contained Fn this dot u men is prov�d ed as an accom modahon on ly and is not intended to cover or d@scribe all Co ver age Agreem e n l terms.Far more
complete and detailed mfor mation re lati ng to the scope and IwnILs of coves ge.please mfvl directly to the Coverage Agreement documents.Specimen forms are ava Itahle upon request.
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
4� In the event of differences,the policy will prevail.
BROWN&BROWN
46 of 57
Disaster Preparedness and Response
We are with you every step of the way
III .
When a named storm is approaching,our field adjusters from Engle Martin are staged
nearby with all contact and policy information for each member so that they can
provide damage inspections immediately after storm.Engle Martin uses cutting
Engle M a r r i n edge drone technology to identify damage mitigation opportunities that you may not
have known existed.The EM adjusters also have access to prior appraisals and COPE
data which helps streamline and expedite the claims process.This real time response
enables us to get advance claim payments in your hands within days.
Preferred has partnered with First On site Property Restoration company to provide
turn-key emergency response mitigation and property restoration with a 24/7
response including holidays and weekends.Their project managers will complete
an initial scope and get the equip mentyou need to get back up and running
rlrZS i
immediately.First Onsite can supply backup generators,portables or temporary
O N S I i structures,and anything else you need.The project manager from First Onsite will
provide a seamless delivery of service to get you back to your pre-disaster state.If
your preference instead is a local contractor,you can use any vendor that you choose
or select from our preapproved list of vendors.Payments can be made directly to
vendors fora seamless process.
To finalize your claim,we provide a claim resolution packet which includes all documentation to support your claim in addition to
FEMA closeout assistance.
The brief descnption of coverage contamed in this document is provided as an arcom mod ation only and Ls not intended to[over or descnhe all Coverage Agreement terms.For mnrc
ramplete and drt�+'r;iir•fnrrr.-i�nrr-13tingtotlM scope and limitsof coverage,p lea semferd ire rTl•:"nthr[nvr-�rrAnrrrmrnir!n'L:m.�r•'c S ,�rimrnrrrmsire_ivihh?P mon-r- -^
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
R In the event of differences,the policy will prevail.
BROWN&BROWN
47 of 57
Proposal Premium Summary
Line of Business Premium
Property $ 824,985.00
Fees $ 0.00
Taxes $ 0.00
Total $ 824,985.00
Inland Marine $ 3,433.00
Fees $ 0.00
Taxes $ 0.00
Total $ 3,433.00
Crime $ 2,27100
Fees $ 0.00
Taxes $ 0,00
Total $ 2,271.00
General Liability $ 85,501.00
Fees $ 0,00
Taxes $ 0,00
Total $ 85,501.00
Law Enforcement Liability $ 195,263.00
Fees $ 0.00
Taxes $ 0.00
Total $ 195,263.00
Public Officials and Employment Practices Liability $ 76,432.00
Fees $ 0.00
Taxes $ 0.00
Total $ 76,432.00
C ber Liability $ 9,953.00
Fees $ 0.00
Taxes $ 0.00
Total $ 9,953.00
Automobile Liability $ 129,579.00
Fees $ 0.00
Taxes $ 0.00
Total $ 129,579.00
Automobile Physical Damage $ 61,497.00
Fees $ 0.00
Taxes $ 0.00
Total $ 61,497.00
Sub Total $ 1,388,914
Workers Compensation Continue to Next Page
This quote is valid for(30) days or until the proposed effective date
This proposal is based upon the exposures made known to the Agency by you and contains only a
IM general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
In the event of differences,the policy will prevail.
BROWN&BROWN
48 of 57
Line of
Workers Compensation $ 433,511.00
Fees $ 160.00
Taxes $ 0.00
Total $ ,433,671.00
Grand Total For Packa eMorkers Compensation $ 1,822,585.00
FLOOD
Flood —Government Center $ 5,642.00
Fees $ 0.00
Taxes $ 0.00
Total $ 5,642.00
Flood- Charter Elementary School $ 7,169.00
Fees $ 0.00
Taxes $ 0.00
Total $ 7,169.00
Flood - Charter Middle School $ 9,870.00
Fees $ 0.00
Taxes $ 0.00
Total $ 9,870.00
Flood- Community Recreation Center $ 11,462.00
Fees $ 0.00
Taxes $ 0.00
Total $ 11,462.00
Flood-Arts& Cultural Center Facility $ 12,351.00
Fees $ 0.00
Taxes $ 0.00
Total $ 12,351.00
Flood —Don Soffer Aventura High School Charter $ 3,589.00
Fees $ 0.00
Taxes $ 0.00
Total $ 3,589.00
Flood- Don Soffer Aventura High School (Gymnasium) $ 5,388.00
Fees $ 0.00
Taxes $ 0.00
Total $ 5,388.00
Grand Total for Flood $ 55,471.00
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
R In the event of differences,the policy will prevail.
BROWN&BROWN
49 of 57
Payment Plan
Line of Business Payment Plan Billing Plan
All Proposed Lines of Business except Workers Agency Bill 50% Down Payment, 25%
ompensaton Due at 75 days and 25% due
at 166 days
Workers Compensation Direct Bill Quarterly Installments
Flood Direct Bill Premium payable in full to
Brown & Brown
Sublectivities:
• Signed ACORD application and PGIT Agreement
• Completed/signed supplemental application provided by PGIT
• Signed/completed terrorism forms. You must elect or reject coverage. The additional premium plus any fees and
taxes will apply if signed rejection is not received by company or if electing coverage.
Binding requirements:
Payment is Due Upon Binding
25% Minimum Earned Premium applies to the PGIT Package
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
R In the event of differences,the policy will prevail.
BROWN&BROWN
50 of 57
A. M . Best
A. M. Best Rating of Proposed Carriers:
Line of A.
•Property,lnland Marine General Liability, Auto, Cyber Preferred Governmental Not N/A
Workers Compensation,Crime Insurance Trust( PGIT) Rated
Flood Wright Flood National A VI Admitted
Insurance
General Rating-
Rating Categories Rating
Symbols . .
Superior A+to A++ Marginal C+to C++
Excellent A to A- Weak C to C-
Good B+to B++ Poor D
Fair B to B-
These rating classifications reflect AM BEST's opinion of the relative position of each company in comparison with others,
based upon averages within the Property-Casualty insurance industry. They are reflective of overall company services and
standing within the industry.
Financial Size Category-
Class Range ($ in Class Range ($ in Class
Range
iThousands) Thousands) Thousands)
Class I U -$1,000 Class VI $25,000450,000 Class XI $750,00041,000,000
Class II $1,00042,000 Class VI $50,0004100,000 Class XI $1,000,00041,250,000
Class III $2,000-$5,000 Class $100,000-$250,000 Class $1,250,000-$1,500,000
VIII XIII
Class $5,000-$10,000 Class IX $250,000-$500,000 Class $1,500,000-$2,000,000
IV XIV
Class V 1 $10,000425,000 Class X $500,0004750,000 Class XV 1 $2,000,000-Greater
The Financial Size Category is an indication of the size of an Insurer and is based on reported policyholder's surplus
conditional or technical reserve funds, such as mandatory securities valuation reserve, or other investments and operating
contingency funds and/or miscellaneous voluntary reserves in liabilities ($ in Thousands)
This information has been provided to you so that consideration is given to the financial condition of our proposed carriers.
The financial information disclosed is the most recent available to Brown & Brown, Inc. Brown & Brown, Inc. does not
guarantee financial condition of the insurers listed above.
This proposal is based upon the exposures made known to the Agency by you and contains only a
general description of the coverage(s)and does not constitute a policy/contract.For complete policy
information,including exclusions,limitations,and conditions,please refer to your policy.
In the event of differences,the policy will prevail.
BROWN&BROWN
51 of 57
0. Brown & Brown
CITY OF "ENTURA
OFFICE OF CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY- Robert Meyers, City Attorneys„
DATE: August 30, 2024
SUBJECT: Resolution Supporting the Federal Tax Relief Act, the Flood Insurance
Relief Act and Calling for Additional Solutions to Address the Florida
Property Insurance Crisis
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution supporting
the Federal Tax Relief Act, the Flood Insurance Relief Act and urging state officials to
identify solutions to address Florida's property insurance crisis.
BACKGROUND
The State of Florida is currently facing a crisis of housing affordability, exacerbated by a
crisis in the cost of property insurance. Florida homeowners pay on average 148 percent
more than the national average for a $300,000 dwelling coverage policy. Potential tax
relief is on the horizon, as the U.S. of Representative passed a bill that would allow victims
of hurricanes and federally declared disasters to income taxes on compensation they
receive from such disasters. Another piece of legislation, The Flood Insurance Relief,
sponsored by US Senator Scott and Congressman Donalds, will allow individuals below
certain income thresholds to deduct their flood insurance premiums from their taxes.
However, little is being done at the state level to stem the tide of the escalating cost of
property insurance for Florida homeowners, which not only significantly impacts the
budgets of current homeowners, but also constrains those wishing to purchase
residencies in the State of Florida and the City of Aventura.
Given the purpose of this Resolution is to urge federal and state policymakers to take
action to relieve Florida residents of the inordinate burdens they face as residential
property owners in the State of Florida, the City Clerk is directed to transmit this
Resolution to the following individuals: Governor Ron DeSantis; US Senators Marco
1
Rubio and Rick Scott; State Senator Kathleen Passidomo; the President of the Florida
Senate President; the Speaker of the Florida House of Representatives; Members of the
Miami-Dade State Legislative Delegation; the Mayor of Miami-Dade County; and the
Miami-Dade League of Cities.
This Resolution has no direct effect on the City's budget.
2
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXPRESSING SUPPORT OF THE FEDERAL
TAX RELIEF ACT, THE FLOOD INSURANCE RELIEF ACT, AND
CALLING FOR ADDITIONAL SOLUTIONS TO ADDRESS THE FLORIDA
PROPERTY INSURANCE CRISIS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida is currently facing a crisis of housing affordability,
exacerbated by a crisis in the cost of property insurance; and
WHEREAS, according to Bankrate, the average cost of homeowners insurance in
the Sunshine State is $5,533 per year for a $300,000 dwelling coverage policy—about
148 percent more than the national average premium of $2,230 per year for the same
amount of coverage; and
WHEREAS, the proposed Federal Disaster Tax Relief Act, which passed the U.S.
House with wide bipartisan support and is sponsored by Rep. Greg Steube, R-Fla., would
allow victims of hurricanes and federally declared disasters to avoid income taxes on
compensation they receive for those disasters; and
WHEREAS, the proposed Flood Insurance Relief Act, sponsored by Rep. Byron
Donalds, R-Fla., and Sen. Rick Scott, R-Fla., would allow individuals earning $200,000
or less, or households earning $400,000 or less, to deduct their flood-insurance premiums
from their taxes. The savings could be significant as National Flood Insurance Program
premiums rise and more people are required to get flood insurance; and
WHEREAS, the City Commission of the City of Aventura hereby declares its
support of passing state legislation that would address the escalating cost of
homeowner's property insurance that is overburdening homeownership and impacting
the residents of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are incorporated herein.
Section 2. The City Commission of the City of Aventura supports the passing of
legislation that would address the escalating cost of homeowner's property insurance
that is overburdening homeownership and impacting the residents of the City of
Aventura. The City urges Congress to pass the Federal Disaster Tax Relief Act and the
City of Aventura Resolution No. 2024-
Flood Insurance Relief Act to provide some help to struggling homeowners. The City
further calls on the State of Florida to provide solutions to address the cost of property
insurance.
Section 3. Effective Date. This Resolution shall become effective 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 Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this V day of September, 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
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager CO--.
BY: Keven R. Klopp, Community Development Director
DATE: August 30, 2024
SUBJECT: Interlocal Agreement (ILA) Accepting Miami-Dade Transportation
Planning Organization (TPO) Grant for Uptown Aventura Mobility Plan
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution, authorizing
the execution of an Interlocal Agreement (ILA) with Miami-Dade County, accepting a
$50,000 Transportation Planning Organization (TPO) grant and agreeing to jointly fund
the preparation of a Mobility Plan for Uptown Aventura.
BACKGROUND
The award letter from the TPO is attached as well as the project proposal and scope of
services used to apply for the grant. Preparation of the plan will begin upon receipt of the
fully executed ILA from Miami-Dade County.
Exhibit 3
AIFLAIM
Miami-Dade
Transportation Planning Organization
150 West Flagler Street, Suite 1900
Miami, Florida 33130
July 22, 2024
Honorable Howard S.Weinberg,Esq.,Mayor
Chairman City of Aventura
Esteban Bovo,Jr. 19200 W. County Club Drive
Vice Chairman Aventura,FL 33180
Oliver G. Gilbert III
SUBJECT: FY 2025 Municipal Grant Program Award
Members
Roberto J.Alonso Dear Mayor Weinberg:
Marleine Bastien
Juan Carlos Bermudez The Miami-Dade Transportation Planning Organization(TPO)Governing Board,is recommending
Kevin Marino Cabrera an award to the City of Aventura (City) of up to $50,000.00 for the Mobility Plan for Uptown
Danielle Cohen Higgins
Alix Desulme Aventura Update in accordance with the Municipal Grant Program section of the Unified Planning
Eric Diaz-Padron Work Program.
Christi Fraga
Rene Garcia The next step in the process is the execution of an Interlocal Agreement(ILA)between the TPO and
Roberto Gonzalez the City and a draft of the ILA is attached for your review. To complete the ILA,the City must first
Keon Hardemon submit a Scope of Services, Project Schedule, Project Cost (which reflects the local match
Rodney Harris
Eileen Higgins requirement), and E-Verify Certification. Please provide these documents and a signed"Condition
Steven D. Losner of Award"form(attached)to Ms. Jessica J. Lopez, by September 30,2024. These documents will
Kionne L.McGhee be incorporated into the final ILA, which will be returned to the City for signature. A Notice-to-
Rodolfo Pages Proceed letter will be provided to the City once the ILA is fully executed by both parties. Please
Raquel A. Regalado note that no work shall commence on the Mobility Plan for Uptown Aventura Update until the ILA
Anthony Rodriguez and receipt of the Notice-to-Proceed letter are finalized.
Micky Steinberg
David Suarez
Francis Suarez Thank you for participating in the Municipal Grant Program.We look forward to working with Mr.
Keven R. Klopp, Community Development Director, and his staff in producing this important
transportation-related product. Should you have any questions, or require additional information,
please do not hesitate to contact me at 305-375-4507.
Executive Director J
,
Aileen Boucle, AICP
l
oucle,AIC
Executive Director
C. Mr. Keven R. Klopp,Community Development Director, City of Aventura
Maria Teresita Vilches-Landa, P.E,Miami-Dade TPO
Franchesca Taylor,AICP,Miami-Dade TPO
Jessica J. Lopez,Miami-Dade TPO
Attachments
www.miamidadetpo.org
#MiamiSMARTPIan
Exhibit 4
MOBILITY PLAN FOR
UPTOWN AVENTURA
TRANSPORTATION PLANNING STUDY PROPOSAL
SUBMITTED BY: CITY OF AVENTURA 1/12/2024
Submitted to: Oscar Camejo, Chief- Contracts Compliance Officer
Miami-Dade Transportation Planning Organization
via: oscar.camejo@mdtpo.org
TRANSPORTATION PLANNING STUDY PROPOSAL
City of Aventura, 2024, page 1 of 6
BACKGROUND
The Mayor and City Commission of the City of Aventura have initiated a series of
planning sessions, led by the Community Development Department, engaging
stakeholders in its efforts to develop a comprehensive overview of the City's strengths
and opportunities as relate to future development. These sessions, aimed at laying the
groundwork for zoning policy revisions, are providing valuable insights to guide the
City's approach to growth management.
Of particular need and interest in the planning efforts currently underway is Uptown
Aventura. The area, so named by the City Commission in recognition of its inevitable
and imminent transition, is to become a connected, accessible and resilient mixed-use
neighborhood. Once a neighborhood of single-family homes, Uptown Aventura is
envisioned by the Mayor and Commission to become a vibrant district with multi-
family residential and businesses uses interwoven with public spaces that support
community health, economic opportunity, cultural narratives, and promote safe and
comfortable access for people of all ages and abilities.
Uptown Aventura is positioned to become a neighborhood transformed by Transit-
Oriented Development. The mobility plan that will be prepared if this grant request is
funded, will coincide with a land use, zoning, and land development regulation
amendment effort that is currently underway for the area.
GOALS AND OBJECTIVES
The mobility plan would examine current and emerging technologies for "last mile"
transportation, recommend specific street patterns, street cross-sections and off-street
travel paths for intra-city alternative travel modes, provide cost estimates,
implementation measures, all in coordination with anticipated zoning code changes. In
addition, the mobility plan will identify the necessary multimodal improvements to
support travel to/from rapid transit to facilitate multimodal connectivity, increase non-
motorized access, and identify infrastructure needs associated with achieving a
walkable and livable community.
These changes will facilitate the integration of the Northeast Corridor with the Strategic
Miami Area Rapid Transit (SMART) program. Furthermore, the plan will assist the
City in its efforts to comply with Miami-Dade County's minimum intensity
requirements within the Rapid Transit Zone (RTZ).
TRANSPORTATION PLANNING STUDY PROPOSAL
City of Aventura, 2024, page 2 of 6
BENEFITS OF THE STUDY
Economic Benefits:
• Reduced transportation costs by reducing dependence on motor vehicles.
• Housing affordability will increase when reduced transportation expenditures are
considered.
• Local Economy. Increased accessibility to local services and goods and creation of
more job opportunities.
• Enhancing city branding and identity. Pedestrian-friendly streets can highly
influence the migration patterns of skilled professionals, attracting private
investment and the creative class.
Social Benefits:
• Public spaces that promote social interaction contributes to community
cohesiveness.
• Broaden universal accessibility and promote intergenerational integration. Well
designed public spaces and streets provide safety for children, older adults and
people with physical disabilities.
• Offer opportunities for public art and expression of cultural values
Health Benefits:
• Promote healthy lifestyles by providing outdoor recreation opportunities and
enabling people to walk,bike, or use other means of active transportation as part of
their daily routines.
• Promoting active lifestyles, reduction of chronic disease, improving mental health
and people's happiness.
PROJECT LOCATION
The study area is centrally located between Miami and Fort Lauderdale, bounded by
the City of Hallandale Beach to the north, Biscayne Boulevard(US 1) to the east, West
Dixie Highway to the west and NE 203 Street (Ives Dairy Rd.) to the south. These
streets are the main connectors between the City of Aventura with the surrounding cities
and region. At its heart lies the Aventura Hospital and the surrounding medical
complex, a significant employment hub and where the City anticipates residential
options being offered inclose proximity. The adjacent unincorporated area to the west,
known as Ojus,is experiencing substantial redevelopment similar to what is anticipated
TRANSPORTATION PLANNING STUDY PROPOSAL
City of Aventura, 2024, page 3 of 6
in the Uptown Aventura area. Also within walking distance is Gulfstream Park, a
racetrack with various retail and entertainment options just to the northeast of Uptown
Aventura. Furthermore, and of utmost importance, the site is less than half-mile north
of the Aventura Mall and the recently established Brightline Station. Miami-Dade
County recognizes this area as a core activity center and transportation hub. The City's
objective is to establish efficient and safe connections between this hub and Uptown
Aventura for both residents and visitors.
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TRANSPORTATION PLANNING STUDY PROPOSAL
City of Aventura, 2024, page 4 of 6
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TRANSPORTATION PLANNING STUDY PROPOSAL
City of Aventura, 2024, page 5 of 6
STUDY PROPOSED BUDGET, ITEMIZING REQUESTED AMOUNT
AND LOCAL MATCH CONTRIBUTION
Requested County Grant Amount $52,500
Local Match Proposed (30%) $22,500
Total Project Cost $75,000
PROJECT SCOPE AND SCHEDULE
Task 1 (Due: 30 days after notice to proceed)
Project manager and stakeholder coordination.
■ Project timeline
■ Coordination with other agencies.
■ Public involvement and Commission meeting schedules.
■ Proposed structure of final report that synthetized all applicable deliverables.
Task 2 (Due: 90 days after notice to proceed)
Literature review and data collection and coordination:
■ Refinement of the project study area, GIS map file, data collection. Data collection will
include existing pedestrian, transit and bicycle infrastructure, traffic counts etc.
■ Best practices research, locally, nationally and internationally. Summary including
images, maps and references.
Task 3 (Due: 120 days after notice to proceed)
Develop street patterns alternatives, alternative complete street cross-sections, and off-
street travel paths to match alternative redevelopment options and land use scenarios and
their potential traffic generation projections.
Task 4 (Due 120 days after notice to proceed)
Multi-modal analysis
■ Mobility strategies like multi-modal level of service methodologies (MMLOS),bicycle
integration plan; optimal loading zones; pedestrian priority zones.
■ Land use and housing strategies to include Public Private Partnership (PPP)
opportunities; parking standards; incentives for the creation of public open space
(breaking the block); car and bike sharing programs.
TRANSPORTATION PLANNING STUDY PROPOSAL
City of Aventura, 2024, page 6 of 6
Task 5 (Due: 150 days after notice to proceed)
■ Development of short- and long-term recommendations in coordination and
collaboration with stakeholders.
■ Implementation Strategies including estimated costs, funding sources, and next steps
to implement the recommendations of the study.
CONDITION OF AWARD LETTER FILLED OUT AND SIGNED
(ATTACHED)
MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION
TP
150 West Hagler,Suite 1900
.� Miami,FL 33133130
(305)375-4507
Miami-Dade Transportation www.rniamidadetpo.org
Planning Organization
Condition of Award Form
FY 2025 Municipal Grant Program
Municipality Name: City of Aventura
Name of Mobility Plan for Uptown Aventura
Transportation
Planning Study:
As a condition to the awarding of funds, the above recipient Municipality will abide by the
following schedule in addition to the lnterlocal Agreement (ILA) language:
1. Submit to TPO Exhibits A, B, C and D, Scope of Services, Project Schedule,
Project Cost and E-Verify Certification, respectively, within one month after receipt
of Award Notification letter.
2. Execute lnterlocal Agreement within three months after receipt of Award
Notification letter.
3. The final Transportation Planning Study must be submitted to the TPO as per the
agreed upon schedule included in the lnterlocal Agreement.
I, Ronald J. Wasson, City Manager, City of Aventura, will hereby abide by the above
stated rules and timelines as stipulated. Failure to make the ILA deadline, may result in
the forfeiture of funds.
Signed:
Date: January 11, 2024
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY
OF AVENTURA AND THE MIAMI-DADE COUNTY TRANSPORTATION
PLANNING ORGANIZATION (TPO) FOR THE MOBILITY PLAN FOR
UPTOWN AVENTURA; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Aventura City Commission designated the "Uptown Aventura"
area as part of its effort to spur further investment and create economic opportunities in
that part of the City; and
WHEREAS, the future mobility in the Uptown Aventura area was identified during
the City's "Aventura 2050" public planning charrettes as a key factor in developing a
successful plan for the district's redevelopment; and
WHEREAS, the City of Aventura (the "City") was awarded a grant for $50,000 by
the Miami-Dade County Transportation Planning Organization (the "TPO") to prepare a
Mobility Plan for Uptown Aventura, with the requirement that the City match the grant with
a $25,000 contribution; and
WHEREAS, the required $25,000 contribution was provided for in the City's
2023/2024 budget; and
WHEREAS, the TPO and the City have determined to jointly fund the Mobility Plan
for Uptown Aventura, with the City providing the services for such study and its share of
the costs as provided for in the attached Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute and otherwise enter
into the attached Interlocal Agreement by and between the City of Aventura and the
Miami-Dade County Transportation Planning Organization for the Mobility Plan for
Uptown Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
City of Aventura Resolution No. 2024-
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this V day of September, 2024.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
Exhibit 2
INTERLOCAL AGREEMENT
THIS AGREEMENT,made and entered into this day of , 2024,by and
between the Miami-Dade Transportation Planning Organization("TPO"),hereinafter called the TPO
and the City ofAventura, a municipal corporation of the State of Florida ("City"). The City and the
TPO may each be referred to individually as a "Party" and may collectively be referred to as the
"Parties."
The TPO and the City ofAventura have determined to jointly fund the Mobility Plan for Uptown
Aventura and the City of Aventura has determined to provide the services for such study and its
share of the costs thereof as provided below.
WITNESSETH:
ARTICLE 1.00: The TPO does hereby retain the City ofAventura to provide the services for the
Mobility Plan for Uptown Aventura, which services are described in Exhibit "A": "Scope of
Services", and Exhibit "B": "Project Schedule". The parties further agree that the project costs are
provided in Exhibit "C": "Project Cost." The E-Verify Certification provided in Exhibit "D" must
be signed by the recipient. In addition, Exhibit "E": "Title VI Quarterly Progress Report" must be
filled out and transmitted to the TPO on a quarterly basis concurrently with the Unified Planning
Work Program schedule. The referenced exhibits are attached hereto and made part hereof as though
fully recited herein. Article 16.00 governs each party's obligations for its portion of the Project Cost.
ARTICLE 2.00: The TPO and the City ofAventura mutually agree to furnish, each to the other,the
respective services, information, and items as described in Exhibit "A" Scope of Services, Exhibit
"B" Tentative Project Schedule, Exhibit "C" Project Cost and Exhibit "D" E-Verify Certification.
The TPO agrees to furnish the City ofAventura and its duly designated representatives' information
including, but not limited to, existing data and projects related to the study area which may be
available in other governmental offices. The City of Aventura agrees to perform or cause to be
performed,in a timely and professional manner,the work elements set forth in the above-enumerated
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2025 Mobility Plan for Uptown Aventura
Exhibits, in accordance with the Schedule set forth in Exhibit"B".
Before initiating the work described in Exhibits "A", "B" and "C", the TPO Executive Director or
her designee shall execute and issue the City of Aventura a Notice-to-Proceed with the work
described in said Exhibits, such work to constitute performance of the Mobility Plan for Uptown
Aventura as set forth in said Exhibits.
ARTICLE 3.00: The services to be rendered by the City of Aventura shall be commenced
subsequent to the execution and issuance of the Notice-to-Proceed and shall be completed within
Fifteen (15) months from the date of execution and issuance of the Notice-to-Proceed.
ARTICLE 4.00: The City of Aventura agrees to provide Project Schedule progress reports on a
quarterly basis and in a format acceptable to the TPO Executive Director. The TPO Executive
Director shall be entitled at all reasonable times to be advised, upon written request, as to the status
of work being done by the City of Aventura and of the details thereof. Coordination shall be
maintained by the City ofAventura with the TPO Project Manager and other representatives. Either
parties to the agreement may request in writing and be granted conference. The parties also agree to
establish a Study Advisory Group comprised of stakeholders and led by the TPO's and City of
Aventura's respective Project Managers.
ARTICLE 5.00: In the event there are delays on the part of the TPO as to the approval of any of the
materials submitted by the City of Aventura or if there are delays occasioned by circumstances
beyond the control of the City of Aventura which delay the Project Schedule completion date, the
TPO Executive Director or her designee shall grant the City ofAventura by a letter an extension of
the contract time, equal to the aforementioned delays,provided there are no changes in compensation
or scope of work.
It shall be the responsibility of the City ofAventura to ensure at all times that sufficient contract time
remains within which to complete services on the project and each major Task Group as designated
with roman numerals on the Exhibits. In the event there have been delays which would affect the
project completion date or the completion date of any major Task Group, the City ofAventura shall
submit a written request to the TPO Executive Director or her designee twenty (20) days prior to the
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2025 Mobility Plan for Uptown Aventura
schedule completion date which identifies the reason(s) for the delay and the amount of time related
to each reason. The TPO Executive Director or her designee will review the request and make a
determination as to granting all or part of the requested extension. Scheduled completion dates shall
be determined by the elapsed times shown in Exhibit"B" and the issue date of the Notice-to-Proceed.
In the event contract time expires and the City ofAventura has not requested,or if the TPO Executive
Director or her designee has denied an extension of the completion date, partial progress payments
will be stopped on the date time expires. No further payment for the project will be made until a time
extension is granted or all work has been completed and accepted by the TPO Executive Director or
her designee.
SUB-ARTICLE 5.10: The failure of any party to comply with its obligations hereunder shall be
excused to the extent such party's performance has been rendered impossible as a result of: an act of
God, strike, labor dispute, war, fire, earthquake, epidemic, pandemic, riots, act of public enemies,
acts or threats of terrorism, action of federal, state or local governmental authorities or for any other
reason beyond the reasonable control of the party claiming protection by reason of such force maj eure
event("Force Maj eure Event"). The party claiming protection by reason of such Force Maj eure Event
shall give written notice to the other party as soon as practicable but no later than five (5) business
days after the date the Force Majeure Event occurred.
ARTICLE 6.00: The City ofAventura shall maintain an adequate and competent professional staff
and may associate with it, for the purpose of its services hereunder, without additional cost to the
TPO, other than those costs negotiated within the limits and terms of this Agreement and upon
approval by the TPO Executive Director, such specialists as the City of Aventura may consider
necessary.
ARTICLE 7.00: The TPO shall not be liable for use by the City ofAventura of plans, documents,
studies or other data for any purpose other than intended by the terms of this Agreement.
ARTICLE 8.00: All tracings,plans, specifications,maps, and/or reports prepared or obtained under
this Agreement shall be considered research and shall be jointly owned by the TPO and the City
without restriction or limitation on their use; and shall be made available, upon request, by either
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2025 Mobility Plan for Uptown Aventura
party at any time. Copies of these documents and records shall be furnished to either party upon
request,verbal or written, allowing reasonable time for the production of such copies.
SUB ARTICLE 8.10: Records of costs incurred by the City of Aventura and all sub-consultants
performing work on the project, and all other records of the City ofAventura and sub-consultants
considered necessary by the TPO for proper audit of project costs,shall be furnished to the TPO upon
request.
Whenever travel costs are included in the performance of services set forth in Exhibits "A", "B" and
"C", the provisions of Miami-Dade County Administrative Order 6-1, shall govern or Florida
Statutes, whichever is more restrictive.
The City of Aventura shall allow public access to all documents, papers, letters, or other material,
subject to the provisions of Chapter 119, Florida Statutes,made or received by the City ofAventura
in conjunction with this Agreement. Failure by the City ofAventura to grant such public access shall
be grounds for immediate unilateral cancellation of this Agreement by the TPO Executive Director.
ARTICLE 9.00: Title VI Compliance (Civil Rights Act of 1964) - During the performance of this
agreement, the City ofAventura, for itself, its assignees and successors in interest, agree as follows:
1. Compliance with Regulations: The City ofAventura shall comply with the Regulations
relative to nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time (hereinafter referred to as the Regulations),which
are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The City of Aventura, with regard to the work performed during the
contract, shall not discriminate on the basis of race, color, national origin, sex, age,
disability, religion or family status in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The City ofAventura shall
not participate either directly or indirectly in the discrimination prohibited by section 21.5
of the Regulations,including employment practices when the contract covers a program set
forth in Appendix B of the Regulations.
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2025 Mobility Plan for Uptown Aventura
3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all
solicitations made by the City of Aventura , either by competitive bidding or negotiation
for work to be performed under a subcontract,including procurements of materials or leases
of equipment; each potential subcontractor or supplier shall be notified by the City of
Aventura of the City of*Aventura's obligations under this contract and the Regulations
relative to nondiscrimination on the basis of race,color,national origin,sex,age,disability,
religion or family status.
4. Information and Reports: The City of Aventura shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the Florida Department of Transportation, the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or
the Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance
with such Regulations,orders and instructions. Where any information required of the City
of Aventura is in the exclusive possession of another who fails or refuses to furnish this
information the City of Aventura shall so certify to the Florida Department of
Transportation, the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, and/or the Federal Motor Carrier Safety Administration
as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the City of Aventura 's noncompliance with
the nondiscrimination provisions of this contract, the Florida Department of
Transportation shall impose such contract sanctions as it or the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or
the Federal Motor Carrier Safety Administration may determine to be appropriate,
including,but not limited to:
a. withholding of payments to the City of Aventura under the contract until the City of
Aventura complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
6. Incorporation of Provisions: The City of Aventura shall include the provisions of
paragraphs (1) through (7) in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto. The City of Aventura shall take such action with respect to any subcontract or
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2025 Mobility Plan for Uptown Aventura
procurement as the Florida Department of Transportation, the Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration, and/or
the Federal Motor Carrier Safety Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. In the event the City of Aventura
becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a
result of such direction, the City of Aventura may request the Florida Department of
Transportation to enter into such litigation to protect the interests of the Florida Department
of Transportation, and, in addition, the City of Aventura may request the United States to
enter into such litigation to protect the interests of the United States.
7. Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights
Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis
of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair
treatment of persons displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §
324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the
Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination
Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis
of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination
Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the
definition of the terms "programs or activities" to include all of the programs or activities
of the Federal-aid recipients, sub-recipients and contractors, whether such programs or
activities are Federally funded or not); Titles II and III of the Americans with Disabilities
Act, which prohibit discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, and
certain testing entities (42 U.S.C. §§ 12131 -- 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation
Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination
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2025 Mobility Plan for Uptown Aventura
on the basis of race, color, national origin, and sex); Executive Order 12898, Federal
Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, which ensures non-discrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse
human health or environmental effects on minority and low-income populations;Executive
Order 13166,Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, the
City ofAventura must take reasonable steps to ensure that LEP persons have meaningful
access to the City of Aventura's programs (70 Fed. Reg. at 74087 to 74100); Title IX of
the Education Amendments of 1972, as amended, which prohibits the City ofAventura
from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et
seq).
.SNUB-ARTICLE 9.10: On January 4,2011,Governor Rick Scott signed Executive Order Number I I-
02 relating to verification of employment status (the "Order"). The Order directs all agencies under
the direction of the Governor to include as a condition of all state contracts a requirement that the
contracting party utilize the U.S. E-Verify system to "verify the employment of. (a) all persons
employed during the contract term by the contractor to perform work pursuant to the contract with
the state agency". The City ofAventura agrees to comply with the requirements of the Order and
execute Exhibit"D".
ARTICLE 10.00: The TPO agrees to pay the City of Aventura compensation as per Article 16.00
of this Agreement and Exhibits "A", "B" and "C", attached hereto and made a part hereof.
ARTICLE 11.00: The TPO Executive Director may terminate this Agreement in whole or in part at
any time the interest of the TPO requires such termination.
SUB-ARTICLE 11.10: If the TPO Executive Director determines that the performance of the City
ofAventura is not satisfactory,the TPO Executive Director shall have the option of(a)immediately
terminating the Agreement or(b)notifying the City ofAventura of the deficiency with a requirement
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2025 Mobility Plan for Uptown Aventura
that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated
at the end of such time.
SUB ARTICLE 11.20: If the TPO Executive Director requires termination of the Agreement for
reasons other than unsatisfactory performance of the City of Aventura, the TPO Executive Director
shall notify the City ofAventura in writing of such termination, with instructions as to the effective
date of termination or specify the stage of work at which the Agreement is to be terminated.
SUB ARTICLE 11.30: If the Agreement is terminated before performance is completed, the City of
Aventura shall be paid for the work satisfactorily performed. Payment is not to exceed the prorated
amount of the total share of the project costs to be paid by TPO as provided in Article 16.00
agreement amount based on work satisfactorily completed. Such determination shall be based and
calculated upon a percentage allocation of total project cost,by major Task Group.
ARTICLE 12.00:All words used herein in the singular form shall extend to and include the plural.
All words used in the plural form shall extend to and include the singular. All words used in any
gender shall extend to and include all genders. Title and paragraph headings are for convenient
reference and are not a part of this Agreement. No waiver or breach of any provision of this
Agreement shall constitute a waiver of any subsequent breach of the same or any other provision
hereof, and no waiver shall be effective unless made in writing. In the event of conflict between the
terms of this Agreement and any terms or conditions contained in any attached documents,the terms
of this Agreement shall control. Should any provision,paragraph,sentence,word or phrase contained
in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or applicable local laws, codes, or
regulations, such provision, paragraph, sentence, word or phrase shall be deemed modified to the
extent necessary in order to conform with such laws, or if not modifiable,then same shall be deemed
severable, and in either event, the remaining terms and provisions of this Agreement shall remain
unmodified and in full force and effect or limitation of its use.
ARTICLE 13.00: The City of Aventura warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the City of Aventura, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation,
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2025 Mobility Plan for Uptown Aventura
individual or firm any fee, commission, percentage, gift or any other consideration,contingent upon
or resulting from the award or making of this Agreement. It is understood and agreed that the term
"fee" shall also include brokerage fee, however denoted.
SUB ARTICLE 13.10: For the breach or violation of Article 13.00,the TPO Executive Director shall
have the right to terminate this Agreement without liability, and, at its discretion, to deduct from the
contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or
consideration.
ARTICLE 14.00: The City of Aventura agrees that it shall make no statements, press releases or
publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to
be disclosed any of the data or other information obtained or furnished in compliance with this
Agreement, or any particulars thereof, during the period of this Agreement, without first notifying
the TPO Executive Director or her designee and securing its consent. The City of Aventura also
agrees that it shall not copyright or patent any of the data and/or information furnished in compliance
with this Agreement, it being understood that,under Article 8.00 hereof, such data or information is
the joint property of the TPO and the City. This Section shall not be construed to limit or restrict
public access to documents, papers, letters or other material pursuant to Article 8.10 of this
Agreement.
ARTICLE 15.00: The TPO shall not expend money, incur any liability, or enter into any contract
which,by its terms,involves the expenditure of money in excess of the amounts budgeted as available
for expenditure. Any contract, verbal or written, made in violation of this subsection shall be null
and void, and no money shall be paid on such contract.
ARTICLE 16.00: Payment of project costs - It is mutually agreed and understood that the Project
Costs shall be as provided in Exhibit C. TPO shall pay the City of Aventura 31% (Thirty-one
percent) of such Project Costs. The City of Aventura shall be responsible for the remaining Costs.
The City of Aventura shall invoice TPO monthly for TPO's share of Project Costs in a format
acceptable to the TPO Executive Director or her designee and shall be paid therefore on a percentage
of completion basis for each Task described in the Notice-to-Proceed executed in accordance with
Article 2.00. The City ofAventura shall invoice 100% of the TPO's share of the Project Cost upon
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2025 Mobility Plan for Uptown Aventura
completion of all Task Orders, as indicated under Exhibit"A". The total compensation to be paid by
the TPO to the City ofAventura hereunder shall not exceed Fifty Thousand Dollars ($50,000.00).
SUB ARTICLE 16.10: By executing this agreement the City ofAventura commits to fund the 20%
(Twenty Percent) local share minimum of this agreement as specified in Exhibit C.
SUB ARTICLE 16.20: It is agreed that said compensation provided in Article 16.00 hereof shall be
adjusted to exclude any significant sums where the TPO Executive Director shall determine that
reported costs by the City ofAventura reflect inaccurate, incomplete or non-current costs. All such
adjustments shall be made within sixty (60) days following the end of the Agreement and any
adjustments shall be provided to the City in writing with sufficient detail explaining the reason(s)for
said adjustments. For purpose of this Agreement, the end of the Agreement shall be deemed to be
the date of final billing or acceptance of the work by the TPO Executive Director or her designee,
whichever is later.
ARTICLE 17.00: Standards of Conduct- Conflict of Interest- The City ofAventura covenants and
agrees that it and its employees shall be bound by the standards of conduct provided in Florida
Statutes 112.313 as it relates to work performed under this Agreement, which standards will be
referred and made a part of this Agreement as though set forth in full. The City ofAventura agrees
to incorporate the provisions of this article in any subcontract into which it might enter with reference
to the work performed.
ARTICLE 18.00: The TPO Executive Director reserves the right to cancel and terminate this
Agreement in the event the City of Aventura or any employee, servant, or agent of the City of
Aventura is indicted or has direct information issued against her for any crime arising out of or in
conjunction with any work being performed by the City of Aventura for or on behalf of the TPO,
without penalty. It is understood and agreed that in the event of such termination, all tracings,plans,
specifications,maps,and data prepared or obtained under this Agreement shall immediately be turned
over to the TPO Executive Director in conformity with the provisions of Article 8.00 hereof. The
City ofAventura shall be compensated for its services rendered up to the time of any such termination
in accordance with Article 11.00 hereof.
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2025 Mobility Plan for Uptown Aventura
ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within
Florida Statutes Section 768.28, the City of Aventura shall indemnify, defend, save, and hold
harmless the TPO and its officers, agents, and employees from any and all claims, liability, losses
and causes of action arising out of the City of*Aventura's negligence or other wrongful acts in the
performance of this agreement. However, nothing herein shall be deemed to indemnify the TPO for
any liability or claims arising out of the negligence,performance, or lack of performance of the TPO.
To the extent permitted by law,and subject to the limitations included within Florida Statutes Section
768.28, the TPO shall indemnify, defend, save, and hold harmless the City of Aventura and its
officers, agents, and employees from any and all claims, liability, losses and causes of action arising
out of the TPO's negligence or other wrongful acts in the performance of this agreement. However,
nothing herein shall be deemed to indemnify the City of Aventura for any liability or claims arising
out to the negligence,performance, or lack of performance of the City of Aventura.
ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida.Venue shall be in Miami-Dade County,Florida. The term"proceedings" shall
include, but not be limited to, all meetings to resolve the dispute, including voluntary arbitration,
mediation, or other alternative dispute resolution mechanism. The parties both waive any defense
that venue in Miami-Dade County is not convenient.In any civil action or other proceedings between
the parties arising out of the Agreement, each parry shall bear its own attorney's fees and costs.
ARTICLE 21.00: Any notice, consent or other communication required to be given under this
Agreement shall be in writing, and shall be considered given when delivered in person or sent by
facsimile or electronic mail one (1) business day after being sent by reputable overnight carrier or
three (3)business days after being mailed by certified mail, return receipt requested, to the parties at
the addresses set forth below(or at such other address as a parry may specify by notice given pursuant
to this Section to the other parry):
To the TPO: To the City:
Miami-Dade Transportation Planning City of Aventura
Organization 19200 W. County Club Drive
150 West Flagler Street Aventura, FL 33180
Suite 1900 Attn: A Ronald J. Wasson, City Manager
Page 11
2025 Mobility Plan for Uptown Aventura
Miami, Florida 33130 E-Mail: [Please Insert Email Address Here]
Attn: Aileen Boucle, Executive Director
E-Mail: Aileen.Boucle@mdtpo.org
With copies to:
City of Aventura
Office of the City Attorney
19200 W. County Club Drive
Aventura, FL 33180
Attn: [Please Insert Name Here], City Attorney
E-Mail: JPlease Insert Email Address Here]
ARTICLE 22.00:
Attachments:
Exhibit "A", Scope of Services Exhibit "C", Project Budget
Exhibit "B", Project Schedule Exhibit"D", E-Verify Certification
Exhibit"E", Title VI Quarterly Progress Report
No alteration, change or modification of the terms of this Agreement shall be valid unless made in
writing, signed by both parties hereto, and approved by the Governing Board of the Transportation
Planning Organization. This Agreement shall be binding upon the parties hereto, their heirs,
executors, legal representatives, successors, or assigns.
This Agreement,regardless of where executed, shall be governed by and construed according to the
laws of the State of Florida and venue shall be in Miami-Dade County, Florida.
ARTICLE 23.00:No provision of this Agreement shall, in any way,inure to the benefit of any third
parties so as to constitute any such third party a beneficiary of this Agreement, or of anyone or more
of the terms hereof, or otherwise give rise to any cause of action in any party not a parry hereto.
ARTICLE 24.00: Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such
party's obligations and the certifications hereunder have been duly authorized, and that the
Agreement is valid and legal agreement binding on such parry and enforceable in accordance with
its terms. This Agreement may be executed in any number of counterparts, each of which shall be
Page 12
2025 Mobility Plan for Uptown Aventura
deemed an original, but all of which shall constitute one and the same instrument. Facsimile, .pdf
and other electronic signatures to this Agreement shall have the same effect as original signatures.
IN WITNESS WHEREOF, the parties hereto have executed these presents this day of
, 2024.
FOR MIAMI-DADE TPO: ATTEST:
Miami-Dade TPO Clerk of the Board
By: By:
Aileen Boucle, Executive Director Tawana Parker
Date: Date:
Approved as to Form and Legal Sufficiency
By:
Assistant County Attorney
Date:
FOR: CITY OF AVENTURA
ATTEST:
(Affix City Seal)
BY: BY:
[Please Insert Name Here],City Clerk Ronald J. Wasson,City Manager
Approved by City Attorney Approved as to
as to legal form and correctness: Insurance Requirements:
[Please Insert Name Here], City Attorney [Please Insert Name Here],
[Please Insert Title Here]
Page 13
2025 Mobility Plan for Uptown Aventura
Exhibit"A": "Scope of Services"
Page 14
2025 Mobility Plan for Uptown Aventura
Scope of Services
Project Understanding
The City of Aventura(City)desires to perform a multimodal planning analysis of the transportation network
within the area of Uptown Aventura generally bounded by US-1/SR 5B1scayne Boulevard (East),
NE 203rd Street/Ives Dairy Road(south),E Dixie Highway(west)and the Miami-Dade County Line(north)
to assess the adequacy of the current transportation network for future development conditions. The study
will consist of an inventory and analysis of the existing multimodal transportation network, the projection
of future network modifications and traffic volume changes, an evaluation of future transportation network
conditions, and the identification of future improvements within the study area.
Scope of Services
Kimley-Horn will provide the services specifically set forth below.
Task 1: Project Coordination/Documentation
Kimley-Horn will prepare a proposed project schedule and outline of deliverables. This task will be
summarized and included in a technical memorandum (Memorandum 91). Kimley-Horn will revise the
memorandum a maximum of one (1) time in response to City comments. Additionally, Kimley-Horn will
coordinate with the City, Miami-Dade Transportation Planning Organization (TPO), Florida Department
of Transportation (FDOT), as appropriate, as part of Task 9 and will document meeting minutes as part of
this task.
Task 2: Existing Multimodal Facilities Inventory
Kimley-Horn will compile and review inventories of existing transportation facilities within the study limits
from readily available sources. This inventory/study network will be limited to public roadways within the
study area. Inventory of US-1/SR 5B1scayne Boulevard will be limited to pedestrian,bicycle, and transit
facilities as outlined below, as it provides interconnectivity and access for the Uptown Aventura area. The
study network roadways will be collaboratively identified and agreed upon by both Kimley-Horn and City
staff. The following elements will be examined as part of this inventory:
• Pedestrian facilities—presence of sidewalks, shared-use paths/trails, and crosswalks
• Bicycle facilities—presence of bike lanes, shared lanes, shared-use paths/trails
• Transit facilities — existing transit routes, service times/headways, ridership data, bus
stops/amenities, terminals, and transfer facilities (Miami-Dade Transit and City of Aventura
Express Shuttle Bus Service)
• Roadway facilities—functional classification,laneage,median type,speed limits,stop signs,traffic
signals, and traffic calming devices
An initial field review will be conducted to visually confirm the data within inventory. A context class
determination will be performed using FDOT's Context Classification Guide, July 2020 using the
inventoried data for the public roadways within the study area.
Task 3: Previous Studies/Document Review
Kimley-Horn will review a maximum of ten(10)references,plans, and/or studies as part of the preparation
of the analysis. It is assumed that the City will identify the specific documents to be reviewed and will
provide the documents that are not readily available. It is assumed the documents the documents may
include approved traffic studies for committed developments in the area, FDOT's 5-Year Work Program,
Miami-Dade Transportation Planning Organization's (TPO) Transportation Improvement Plan (TIP), and
TPO's Long Range Transportation Plan (LRTP).Best practices in multimodal transportation policy will be
examined and documented such as, modal prioritization, Transportation Control Measures (TCM),
multimodal and micromobility programs, and mobility impact fee programs. The pertinent sections of each
document will be summarized and included in the technical memorandum prepared as discussed in Task 5.
Task 4: Traffic Data Collection
Traffic data will be collected within the study area. Twenty-four(24)hour weekday volume/speed segment
counts will be conducted at a maximum of 25 locations within the study area on a typical weekday
(Tuesday, Wednesday, or Thursday). Traffic counts will be adjusted for seasonality based upon FDOT
seasonal adjustment factors.
Task 5: Existing Conditions Assessment
Kimley-Horn will perform an existing conditions assessment utilizing the inventory prepared in Task 2 and
the data collected in Task 4. Multimodal level of service, including pedestrian and bicycle level of traffic
stress, quality of transit service based on frequency, and roadway segment level of service, will be
determined using the most recent FDOT's 2023 Multimodal Quality/Level Of Service Handbook. The
assessment will also examine the following within the study area:
• Pedestrian facilities—connectivity of sidewalks, shared-use paths/trails, and crosswalks
• Bicycle facilities—connectivity of bike lanes, shared lanes, shared-use paths/trails
• Transit facilities—Location and bus route headways
• Roadway facilities—qualitative review of traffic circulation.
Results from the data collection efforts will be summarized and evaluated. The results of Tasks 2 through 5
will be summarized and included in a technical memorandum (Memorandum 92). Kimley-Horn will revise
the memorandum a maximum of one (1)time in response to City comments.
Task 6: Future Volume Forecasts/Redistribution and Programmed Improvements
Kimley-Horn will estimate the additional peak hour and daily traffic volumes generated by the proposed
Uptown area redevelopment parcels with future land use and density information provided by the City. The
scope of services assumes that the City will provide the development program or employment/population
information in applicable format for use in this analysis. Background traffic growth will be factored into
the analysis based on the Florida Standard Urban Transportation Modeling Structure(FSUTMS)-Southeast
Florida Regional Planning Model (SERPM) and/or FDOT historical traffic data from nearby FDOT count
stations using short-term and long-term future analysis years provided by the City. Potential changes to the
area's population and employment will be modified in the 2045 FSUTMS SERPM model based on
information provided by the City and change in future volumes as a result of the future land use changes
will be compared and evaluated to the other calculated background growth rates.
The Consultant will grow the existing traffic on the roadway network to the determined analysis horizon
years using the highest growth rate calculated as part of this task. This task assumes future land use density
and future employment/population information will be provided by the City. Contemplated roadway
connections and cross sections will be evaluated and reviewed in collaboration with the City and proposed
changes will be documented as part of this analysis.The results of this task will be summarized and included
in a technical memorandum (Memorandum 93). Kimley-Horn will revise the memorandum a maximum
of one (1)time in response to City comments.
Task 7: Future Multimodal Assessment
Changes to the roadway network expected by the future roadway volumes and land use changes will be
documented as part of this task. Recommendations to improve pedestrian, bicycle, transit, and roadway
level of service will be provided.Updated multimodal level of service will be determined for the proposed
conditions and documented. The City will provide information regarding Public Private Partnership (PPP)
opportunities,area specific parking standards,and preferred incentives for the creation of public open space.
This task will be summarized and included in a technical memorandum (Memorandum #4). Kimley-Horn
will revise the memorandum a maximum of one (1)time in response to City comments.
Task 8: Findings and Recommendations
Kimley-Horn will identify the City's future transportation network needs of the study area based upon the
results of Tasks 2 through 7.Potential needs may include roadway connections,bicycle facilities,pedestrian
facilities, transit facilities, and neighborhood traffic management. The determination of recommendations
will be commensurate to the level of detail provided in the inventory and analysis tasks (planning level)of
this scope of services. Furthermore, the recommendations may include further study, analysis, and
conceptual feasibility review/design. Strategies for recommended implementation will be developed in
coordination with the City and will be documented as part of this task.
At the study's conclusion, the previous technical memoranda prepared as part of specific tasks will be
merged into a final report incorporating comments, feedback, and recommendations from City staff. The
final report will include visual aids such as maps and graphics. A brief executive summary will be prepared
outlining the study methodology and recommendations.
Task 9: Meetings/Conference Calls
The Consultant will prepare for and attend up to ten (10) meetings/hearings and/or conference calls in
support of the project including,but not limited to project team, City staff, City Commission, and/or other
regulatory agencies. The following meetings/calls are anticipated:
• Project kick-off meeting—virtual meeting
• Memorandum 91 review meeting—virtual meeting
• Memorandum 92 review meeting—virtual meeting
• Memorandum 93 review meeting—virtual meeting
• Memorandum 94 review meeting—virtual meeting
• Final Report review meeting—virtual/in-person meeting
• Planning and Zoning Board meeting—in-person meeting
• City Commission meeting—in-person meeting
• Three (3) additional staff meetings—virtual/in-person meeting
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and
performed at our then current hourly rates. Additional services we can provide include,but are not limited
to,the following:
• Collecting additional traffic counts
• Preparing analyses for intersections or additional roadway segments
• Revisions to the analysis to account for changes in development projections
• Conceptual improvement design
• Cost estimating
Exhibit "B": "Project Schedule"
UPTOWN AVENTURA MONTH
Project Schedule 1 2 3 4 5
Task 1- Project Coordination (Memorandum#1)
Project Schedule and outline of deliverables
Coordination with other agencies(Miami Dade TPO; FDOT)
Commission workshops and meeting schedule
Public outreach schedule
Proposed structure of final report
Task 2- Literature Review and Data Collection (Memorandum#2)
Task 2A. Existing multimodal facilities inventory
Task 2B. Previous studies and document review
Task 2C.Traffic data collection
Task 2D. Existing conditions assessment
Task 3-Development of Alternatives (Memorandum#3)
Future Volume Forecasts/Redistribution and Programmed Improvements
Task 4- Multi-modal Analysis (Memorandum#4)
Future multimodal assessment
Task 5- Findings and Recommendations (Final Report)
Findings and Recommendations
Exhibit "C": "Project Cost"
Page 16
2.MGP Interlocal Agreement Aventura
TRANSPORTATION PLANNING STUDY
MOBILITY PLAN FOR
UPTOWN AVENTURA
PROJECT BUDGET
County Grant Amount $50,000
Local Match (33%) $25,000
Total Project Cost $75,000
Submitted to: Oscar Camejo, Chief-Contracts Compliance Officer
Miami-Dade Transportation Planning Organization
Exhibit "D"
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
E-VERIFY
Contract No:
Financial Project No(s)-
Project Description:
In accordance with the contract, the Vendor/Consultant/Contractor hereby acknowledges and certifies
compliance with Section 448.095, Florida Statutes. The Vendor/Consultant/Contractor shall register
with and use the E-Verify system to verify the work authorization status of all newly hired employees.
The Vendor/Consultant/Contractor shall utilize the U.S. Department of Homeland Security's E-Verify
system, in accordance with the terms governing use of the system. The
Vendor/Consultant/Contractor shall comply with section 448.095, Florida Statutes, for the duration of
the contract term, including any extensions or renewal periods.
Company/Firm-
Authorized Signature:
Title:
Date:
Exhibit"E"
Title VI Quarterly Progress Report
Municipality:
Title of Study:
Work performed this quarter: % Work performed to date:%
Reporting Period: through ,2025
1. Progress made this quarter:
2. Products completed this quarter as related to the approved Interlocal Agreement:
(Provide copies if applicable)
3. Problems encountered/anticipated:
4: Schedule adherence:Yes or No (If not on schedule,please provide explanation)
5: Title VI Reporting Re uirements related to this study only
Title VI Response
#of Title VI complaints filed with the Municipality
#of informal (verbal) complaints
#of formal (written) complaints
#of completed investigations conducted by the Municipality
#of completed investigations with findings
#of public meetings
#of meetings held in low income or minority areas
#of translation services provided
#of interpreter services provided
# Limited English Proficiency request received and services provided during public
meeting
Page 18
2.MGP Interlocal Agreement Aventura
CITY OF "ENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director . ,
DATE: August 30, 2024
SUBJECT: Enterprise Resource Planning SaaS Agreement — Tyler Technologies
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution which
authorizes the City Manager to execute the Enterprise Resource Planning ("ERP")
Software as a Service ("SaaS") Agreement specifying the scope of services and fees for
Tyler Technologies, Inc. ("Tyler") to serve as the City's provider of Software and
Implementation Services for an ERP software systems environment. This Agreement
shall take effect on the first day of the month following the date it is executed after
approval by the City Commission. The agreement will be in effect for a three (3) year
period. Thereafter, this Agreement may be renewed for two (2) additional one (1) year
periods subject to agreement by both parties.
BACKGROUND
The City currently utilizes the same financial system software that was implemented
shortly after the City incorporated over 25 years ago. The City's current system, HTE, is
outdated, inefficient and extremely limited as far as reporting, data access and
transparency. Upgrading and implementing a new system is imperative and long overdue.
Moving to a more innovative and user-friendly solution will allow the City to step forward
into a paperless environment, improving processes tremendously as well as, providing
efficiencies in data transfers, financial reporting and application integration across all City
departments.
On May 2, 2023, the City contracted an ERP/IT Consultant, Berry Dunn, LLC, to assist
with the selection and implementation of a new ERP financial software. In addition, the
City established a Selection Committee consisting of the Finance Director, Controller, IT
Director, and HR Manager. The Committee was formed to-
1
Publicly announce requests for proposals
Provide interested firms with a request for proposal
Evaluate proposals
The City prepared an RFP which included detailed criteria for the evaluation of proposals
and for the ranking of firms. The City advertised the availability of the RFP in the Daily
Business Review on November 27, 2023. In addition, a solicitation package was made
available from www.demandstar.com on November 27, 2023. Proposers were given until
January 5, 2024 to submit questions. An addendum to the RFP was sent out by the City
on December 26, 2023 which answered and addressed the questions that were submitted
through that date. No additional questions were received between December 26, 2023
and the deadline on January 5, 2024. Six proposals were received and opened at
Government Center on January 12, 2024. The six (6) proposals are listed (in alphabetical
order) below-
- BS&A Software
- CentralSquare Technologies
- Harris ERP
- Oracle America
- Springbrook Software
- Tyler Technologies
The proposals were reviewed by the Committee. As part of the evaluation process, the
Committee shortlisted the six (6) proposals to three (3) firms. All three of the shortlisted
firms made in-person software demonstrations at Aventura Government Center to the
Committee over 2 and a half days each from April 3 to April 12, 2024.
After the demonstrations concluded, the Committee ranked the firms in order of
preference (listed below) as to the most highly qualified to perform the required services.
Committee's Ranking of Consulting Firms in order of preference (with 1 being the best):
1. Tyler Technologies
2. Central Square
3. Oracle America
At the May 16, 2024 Commission meeting, the City Commission adopted Resolution No.
2024-29 which established a ranking of firms to provide the software and implementation
services for an ERP solution, as shown above.
The resolution authorized the City Manager to negotiate contract pricing with the top
ranked firm and if unsuccessful, with the next ranked firm. The attached SaaS Agreement
contains the scope of services and fees for all implementation functional areas to be
completed over 21 months (November 2024—July 2026). The functional areas scheduled
are as follows-
2
1) Core Financials — 11 months
a) Accounting
b) Accounts Payable
c) Bid Management
d) Budgeting
e) Capital Assets
f) Cash Management
g) Contract Management
h) eProcurement
i) Purchasing
j) Project and Grant Accounting
k) Accounts Receivable
1) General Billing
2) Human Resource Management — 10 months
a) Payroll with employee access
b) Recruiting
c) HR and Talent Management
d) Time and Attendance with mobile access
3) Advanced Scheduling — 3 months
a) Advanced scheduling with mobile access
The fees have been negotiated and are detailed in the Investment Summary section of
the SaaS agreement.
FISCAL IMPACT
At the February 1, 2022 City Commission Meeting, a spending plan was passed and
adopted through Resolution No. 2022-15 which included $1,250,000 for the City's new
ERP solution. The total cost of this project for the three contract years is $1,108,662.
The full cost will be funded by the ARPA grant.
CONCLUSION
I recommend that the City Commission approve the attached Resolution that authorizes
the City Manager to enter into the ERP SaaS Agreement with Tyler Technologies. A copy
of the RFP, Tyler's submittal, the SaaS agreement, and other supporting documents are
available for review in the Finance Department.
Should you have any questions pertaining to this memorandum, please feel free to
contact the City Manager.
3
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ERP SAAS AGREEMENT WITH TYLER
TECHNOLOGIES, INC.; PROVIDING FOR IMPLEMENTATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, pursuant to applicable state law, has solicited
and reviewed proposals from firms to provide Software and Implementation Services for
an Enterprise Resource Planning ("ERP") Software Systems Environment; and
WHEREAS, Resolution No. 2024-29 established a ranking of firms to serve as
said ERP Solution and authorized negotiations with the top ranked firm; and
WHEREAS, the Selection Committee members, Melissa Cruz, Finance Director,
Carlos Fernandez, IT Director and Indra Sarju, Purchasing Agent have negotiated fees
and scope of services with the top-rated firm Tyler Technologies, Inc. ("Tyler") and
recommend approval of the ERP SaaS Agreement; and
WHEREAS, the City Commission finds that it is in the best interest of the City's
residents to enter into an agreement with Tyler Technologies for these activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to enter into an ERP SaaS
Agreement with Tyler, attached hereto as Exhibit "A", for Software and Implementation
Services for an ERP solution.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved
its adoption. The motion was seconded by Commissioner and upon being
put to a vote, the vote was as follows:
City of Aventura Resolution No. 2024-
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 3rd day of September, 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
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•••'•• y t I e r
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• technologies
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment
Summary, including providing Client with access to Tyler's proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement,Tyler and Client agree as follows:
SECTION A—DEFINITIONS
• "Agreement" means this Software as a Service Agreement.
• "Business Travel Policy" means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
• "Client" means the City of Aventura, Florida.
• "Data" means your data necessary to utilize the Tyler Software.
• "Data Storage Capacity" means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
• "Defect" means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then-current Documentation. For a period of three (3)years from the Effective
Date, if a new release of the Tyler Software included within scope as of the Effective Date
removes functionality that was provided to you as part of the original implementation, we will
provide alternative means for performing the same function, at no additional cost to you
beyond payment of the annual SaaS Fees.
• "Defined Users" means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum
number of named users that are authorized to use the Enterprise Permitting & Licensing labeled
modules as indicated in the Investment Summary.
• "Developer" means a third party who owns the intellectual property rights to Third Party
Softwa re.
• "Documentation" means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
• "Effective Date" means the date by which both your and our authorized representatives have
signed the Agreement.
• "Force Majeure" means an event beyond the reasonable control of you or us, including, without
• tyler
1 •
limitation, governmental action, war, riot or civil commotion,fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
• "Investment Summary" means the agreed upon cost proposal for the products and services
attached as Exhibit A.
• "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
• "Order Form" means an ordering document that includes a quote or investment summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
• "SaaS Fees" means the fees for the SaaS Services identified in the Investment Summary.
• "SaaS Services" means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
• "SLA" means the service level agreement. A copy of our current SLA is attached hereto as
Exhibit C.
• "Statement of Work" means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software, and outlining your and
our roles and responsibilities in connection with that implementation. The Statement of Work is
attached as Exhibit E.
• "Support Call Process" means the support call process applicable to all of our customers who
have licensed the Tyler Software. A copy of our current Support Call Process is attached as
Schedule 1 to Exhibit C.
• "Third Party Hardware" means the third party hardware, if any, identified in the Investment
Summary.
• "Third Party Products" means the Third Party Software and Third Party Hardware.
• "Third Party SaaS Services" means software as a service provided by a third party, if any,
identified in the Investment Summary.
• "Third Party Services" means the third party services, if any, identified in the Investment
Summary.
• "Third Party Software" means the third party software, if any, identified in the Investment
Summary.
• "Third Party Terms" means, if any,the end user license agreement(s) or similar terms for the
Third Party Products or other parties' products or services, as applicable, and attached or
indicated at Exhibit D.
• "Tyler" means Tyler Technologies, Inc., a Delaware corporation.
• "Tyler Software" means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
• "we", "us", "our" and similar terms mean Tyler.
• "you"and similar terms mean Client.
SECTION B—SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
• tyler
2
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are
receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms
and conditions of this Agreement including, without limitation, Section B(4). We will make any such
software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate
with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party's business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services,Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA's Statement on
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Standards for Attestation Engagements ("SSAE") No. 21. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent,for so long as you are timely paying for SaaS
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non-Disclosure Agreement ("NDA"), we will provide you with a
summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the
NDA is in effect and in which you make a written request, we will provide that same
information. If our SaaS Services are provided using a 3rd party data center, we will provide
available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In
either event, databases containing your Data will be dedicated to you and inaccessible to our
other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and
the required hardware to provide access to the Tyler Software in the event of a disaster or
component failure. In the event of a data center failure, we reserve the right to employ our
disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a
Recovery Point Objective ("RPO") of one (1) hour and a Recovery Time Objective ("RTO") of 24
hours. RPO represents the maximum duration of time between the most recent recoverable
copy of your hosted Data and subsequent data center failure. RTO represents the maximum
duration of time following data center failure within which your access to the Tyler Software
must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web
application to be performed. We will maintain industry standard intrusion detection and
prevention systems to monitor malicious activity in the network and to log and block any such
activity. We will provide you with a written or electronic record of the actions taken by us in the
event that any unauthorized access to your database(s) is detected as a result of our security
protocols. We will undertake an additional security audit, on terms and timing to be mutually
agreed to by the parties, at your written request. You may not attempt to bypass or subvert
security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and
unauthorized vulnerability and penetration test scanning of our network and systems (hosted or
otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule
and execute such a test on a mutually agreeable schedule. At your written request,we will
provide test results to you within a commercially reasonable timeframe after receipt of the
request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry.All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
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Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance,which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status,will comply with applicable notice
requirements.
SECTION C—PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary and described in the Statement of Work.
2. Professional Services Fees & Not to Exceed. You agree to pay us the professional services fees, on a
not-to-exceed basis, in the amounts set forth in the Investment Summary. We will bill you the actual
fees incurred based on the in-scope services provided to you. We, through the exercise of our
professional judgment and expertise, warrant that the services included in the Investment Summary
are reasonably sufficient to accomplish all of the work indicated in and through this Agreement,
provided each party timely meets its obligations. In the event that the services are not reasonably
sufficient to deliver the work agreed to, through no fault of yours, we agree to timely complete our
obligations under the Agreement at no additional cost to you. Any discrepancies in the total values
set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by
the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the
scope of services and related costs (including programming and/or interface estimates) required for
the project based on our understanding of the specifications you supplied. If additional work is
required, or if you use or request additional services, we will provide you with an addendum or
change order, as applicable, outlining the costs for the additional work. The price quotes in the
addendum or change order will be valid for thirty(30) days from the date of the quote.
4. Cancellation. If you cancel services less than three (3)weeks in advance(other than for Force
Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled
professional services if we are unable to reassign our personnel and (b) any non-refundable travel
expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign
personnel in the event you cancel within three (3)weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re-perform such services at no additional cost to you.
In the event our personnel is/are not providing services consistent with our services warranty or are
otherwise negatively impacting the project, you will notify us of that deficiency and give us a
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reasonable opportunity to correct it. If the deficiency persists, we will replace that project member,
upon written request and demonstration of good cause. Replacement staff will be assigned
following the same processes set forth above and shall have reasonably sufficient experience and
project knowledge to fulfill applicable obligations under the Agreement.The foregoing
notwithstanding, if the replacement personnel is providing services onsite, you shall remain liable
for travel expenses incurred by such personnel, to be invoiced in accordance with the Business
Travel Policy.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
your personnel,facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12)years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing
and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process,
we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party
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secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree
to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You
agree to provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot
resolve a support issue remotely,we may be required to provide onsite services. In such event, we will
be responsible for our travel expenses, unless it is determined that the reason onsite support was
required was a reason outside our control. Either way, you agree to provide us with full and free access
to the Tyler Software, working space, adequate facilities within a reasonable distance from the
equipment, and use of machines, attachments, features, or other equipment reasonably necessary for
us to provide the maintenance and support services, all at no charge to us. We strongly recommend
that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design;
(c) other consulting services; or(d) support outside our normal business hours as listed in our then-
current Support Call Process. Requested services such as those outlined in this section will be billed to
you on a time and materials basis at our then current rates. You must request those services with at
least one (1) weeks' advance notice.
SECTION D—THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However,we grant and pass
through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
SECTION E- INVOICING AND PAYMENT; INVOICE DISPUTES
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1. Invoicing and Payment. We will invoice You the SaaS Fees and fees for other professional services in
the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If You believe any delivered software or service does not conform to the
warranties in this Agreement, You will provide us with written notice within thirty(30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
You contend are in dispute so that we can confirm the issue and respond to Your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in Your notice. We will work with You as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in Your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of Your failure to complete the items agreed to be done by You,
then You will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within fifteen (15) days of notice of our intent to do so.
SECTION F—TERM AND TERMINATION
1. Term. The initial term of this Agreement is three (3) Years, commencing on the first day of the first
month following the Effective Date, unless earlier terminated as set forth below. Upon expiration of
the initial term, this Agreement will renew automatically for up to two (2) additional one (1)Year
renewal terms at the SaaS Fees set forth in the Investment Summary, unless terminated in writing
by either party at least sixty (60) days prior to the end of the then-current renewal term. Your right
to access or use the Tyler Software and the SaaS Services will terminate at the end of this
Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination,
You will pay us for all undisputed fees and expenses related to the software, products, and/or
services You have received, or we have incurred or delivered, prior to the effective date of
termination. Disputed fees and expenses in all terminations other than Your termination for cause
must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is
contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we
may discontinue the SaaS Services and deny Your access to the Tyler Software. We may also
terminate this Agreement if You don't cure such failure to pay within forty-five (45) days of
receiving written notice of our intent to terminate.
2.2 For Cause. If You believe we have materially breached this Agreement, You will invoke the
Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Maieure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If You should not appropriate or otherwise make available funds
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sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty
(30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
but unused SaaS Fees. You agree not to use termination for lack of appropriations as a
substitute for termination for convenience.
3. Disentanglement. In connection with the termination of this Agreement for any reason, and only
upon the execution of a mutually agreed change order or addendum,Tyler shall use commercially
reasonable efforts to accomplish an adequate and timely transition from Tyler to the Client, or to
any replacement providers designated by the Client(a "Disentanglement").The parties shall
reasonably cooperate during Disentanglement. Client shall reimburse Tyler for Disentanglement
services provided by Tyler at Tyler's then-current rates, plus reasonable costs, and expenses, as set
forth in the parties' executed change order or addendum.
4. Return of Data. In the event of termination of the Agreement, and upon reasonable advance notice,
Tyler shall promptly make all Data available to you in the format of the database or other such
format as may be mutually agreed upon, provided through Tyler's FTP server or such other secure
method reasonably selected by Tyler. Such Data will be provided at no additional cost.
SECTION G—INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s)that the Tyler Software or Documentation
infringes that third party's patent, copyright, or trademark, or misappropriates its trade secrets,
and will pay the amount of any resulting adverse final judgment (or settlement to which we
consent). You must notify us promptly in writing of the claim and give us sole control over its
defense or settlement. You agree to provide us with reasonable assistance, cooperation, and
information in defending the claim at our expense.
1.2 Our obligations under this Section G(1)will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in contradiction of this Agreement,
including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively,we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non-infringing; or(c) replace it with a functional
equivalent. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
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2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs)for(a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a
law applicable to our performance under this Agreement. You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our
agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs)for(a)
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b)your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS,WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO,ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER
DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT,WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM,AS SET FORTH
IN SECTION F(1),TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL
TERM,THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW,THE EXCLUSION OF CERTAIN DAMAGES,AND EACH SHALL APPLY REGARDLESS
OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF
LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1)AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $2,000,000 (with a
Cyber Protection sublimit of$1,000,000); (d) Workers Compensation complying with applicable
statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as
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an additional insured to our Commercial General Liability and Automobile Liability policies, which
will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well.
We will provide you with copies of certificates of insurance upon your written request.
SECTION H—GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates
set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then-current list
price, also by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty(30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty(30) days of the written dispute notice, unless otherwise agreed. All meetings
and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity,you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
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7. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however,that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third Party Terms.
11. Entire Agreement;Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement will be considered valid and enforceable to the fullest extent
permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non-enforcement will not act as or be deemed to act as a waiver or
modification of this Agreement, nor will such non-enforcement prevent such party from enforcing
each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of
proof of email delivery; or(d) if not actually received, five (5) days after deposit with the United
States Postal Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the other party at the address set forth on the signature page
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hereto or such other address as the party may have designated by proper notice. The consequences
for the failure to receive a notice due to improper notification by the intended receiving party of a
change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, and with your prior written
consent, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. The confidentiality
covenants contained herein will survive the termination or cancellation of this Agreement. This
obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement; provided, however, that in the
event you receive an open records or other similar applicable request, you will give us
prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
reasonably suspected of putting Tyler resources or other Tyler clients' data at risk,we reserve the
absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment
to an isolated "quarantined" environment without advance notice. Data in this quarantined
environment shall be available and accessible to Client during the quarantined period. Your Data will
remain in such quarantine for a period of at least six(6) months during which time we will review
the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no
issues are detected through such reviews during the six(6) month period of quarantine, we will
coordinate with you the restoration of your Data to a non-quarantined environment. In the event
your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler's,
we reserve the right to require payment of additional fees for the extended duration of quarantine.
We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
your state of domicile, without regard to its rules on conflicts of law.
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21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler's Data & Insights
data platform. Your rights, and the rights of any of your end users,to use Tyler's Data & Insights
data platform is subject to the Data & Insights SaaS Services Terms of Service, available at
https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the
linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Exhibit E Statement of Work
Exhibit F Client's Request for Proposals for Software and Implementation Services for an
Enterprise Resource Planning (ERP) Software Systems Environment("RFP)
Exhibit G Tyler's Proposal Dated January 12, 2024 ("Proposal")
Exhibit H Affidavit Attesting to Noncoercive Conduct for Labor or Services
In the event of conflict between the above-listed contract documents,the following order of precedence
shall apply:
1. This Agreement, excluding the Statement of Work, RFP, and Proposal
2. Statement of Work
3. Proposal
4. RFP
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of Aventura, Florida
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Aventura
One Tyler Drive 19200 W. Country Club Drive
Yarmouth, ME 04096 Aventura, FL 33180-2403
Attention: Chief Legal Officer Attention:
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Exhibit A
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Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration
date in the Investment Summary that may have lapsed as of the Effective Date.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Quoted By: Phil Sharp
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er
Quote Expiration: 10/01/24
•���•� Quote Name: City of Aventura-ERP-Munis
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Quote Description: City of Aventura, FL- EERP-
Munis (RFP 11/2023)
Saas Term 3.00
Sales Quotation For: Shipping Address:
City of Aventura
19200 W Country Club Dr
Aventura FL 33180-2403
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 180 $ 25,492.00
Accounts Payable 1 52 $ 7,054.00
Bid Management 1 40 $ 2,785.00
Budgeting 1 72 $ 7,054.00
Capital Assets 1 64 $ 5,888.00
Cash Management 1 52 $4,402.00
Contract Management 1 40 $ 2,765.00
eProcurement (Vendor Access and Punch-Out) 1 32 $ 5,130.00
Project &Grant Accounting 1 52 $4,807.00
Purchasing 1 132 $ 10,455.00
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 100 Employees 1 72 $ 9,353.00
Human Resources &Talent Management 1 116 $4,944.00
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Payroll with Employee Access 1 224 $ 7,117.00
Recruiting 1 20 $ 1,076.00
Time &Attendance w Mobile Access- Up to 250 Employees 1 128 $ 11,052.00
Revenue Management
Accounts Receivable 1 104 $ 5,197.00
General Billing 1 52 $ 3,379.00
Content Management
Content Manager Core includes Onboarding 1 40 $ 11,312.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 116 $ 14,477.00
Additional
Enterprise Forms Processing Software (including Common Form Set) 1 0 $ 6,493.00
Sub-Total: $ 150,232.00
Less Discount: $ 15,024.00
TOTAL 1588 $ 135,208.00
Tyler Annual Services
Description QTY Imp. Hours
Recurring Services
Managed Detection & Response 1 0 $ 12,000.00
Sub-Total: $ 12,000.00
Less Discount: $ 12,000.00
TOTAL: 0 $0.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance
25% of Dedicated Project Manager(Monthly) 18 $ 8,800.00 $ 0.00 $ 158,400.00 $ 0.00
Executive Insights Implementation 1 $ 8,400.00 $ 0.00 $ 8,400.00 $ 0.00
2023-473885-K1Z9N0 CONFIDENTIAL Page 2
NTE Implementation Hours 400 $ 200.00 $ 0.00 $ 80,000.00 $ 0.00
Conversions—See Detailed Breakdown Below $ 37,900.00 $ 0.00
Onsite Implementation 436 $ 225.00 $ 0.00 $ 98,100.00 $ 0.00
Remote Implementation 1152 $ 200.00 $ 0.00 $ 230,400.00 $ 0.00
TOTAL $ 613,200.00 $0.00
3rd Party Hardware, Software and Services
Unit
Unit Unit Maint/SaaS Total
Description Qty Unit Price Discount Total Price Maint/SaaS Discount Maint/SaaS
Koa Hills - Data Conversion Assistance- Finance 1 $ 31,248.00 $ 0.00 $ 31,248.00 $ 0.00 $ 0.00 $ 0.00
Koa Hills - Data Conversion Assistance- HCM 1 $ 33,930.00 $ 0.00 $ 33,930.00 $ 0.00 $ 0.00 $ 0.00
TOTAL $ 65,178.00 $0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 135,208.00
Total Tyler Services $ 613,200.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 65,178.00 $ 0.00
Summary Total $ 678,378.00 $ 135,208.00
Contract Total $ 1,084,002.00
Estimated Travel Expenses excl in Contract
Total $ 24,660.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six(6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval: Date:
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Print Name: P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions(Included in Summary Total)
Description Qty Unit Price Unit Discount Extended Price
Accounting
AC-Actuals up to 3 years 1 $ 1,500.00 $ 0.00 $ 1,500.00
AC- Budgets up to 3 years 1 $ 1,500.00 $ 0.00 $ 1,500.00
AC Standard COA 1 $ 2,000.00 $ 0.00 $ 2,000.00
Accounts Payable
AP-Checks up to 5 years 1 $ 2,600.00 $ 0.00 $ 2,600.00
AP- Invoice up to 5 years 1 $ 3,400.00 $ 0.00 $ 3,400.00
AP Standard Master 1 $ 1,600.00 $ 0.00 $ 1,600.00
Capital Assets
CA- History 1 $ 1,800.00 $ 0.00 $ 1,800.00
CA Std Master 1 $ 3,000.00 $ 0.00 $ 3,000.00
Contract Management
Contracts 1 $4,000.00 $ 0.00 $4,000.00
Payroll
PR Payroll -Accrual Balances 1 $ 1,500.00 $ 0.00 $ 1,500.00
PR Payroll -Accumulators up to 5 years 1 $ 1,400.00 $ 0.00 $ 1,400.00
PR Payroll -Check History up to 5 years 1 $ 1,200.00 $ 0.00 $ 1,200.00
PR Payroll - Deductions 1 $ 1,800.00 $ 0.00 $ 1,800.00
PR Payroll - Earning/Deduction Hist up to 5 years 1 $ 2,500.00 $ 0.00 $ 2,500.00
PR Payroll -Standard 1 $ 2,000.00 $ 0.00 $ 2,000.00
PR Payroll -State Retirement Tables 1 $ 1,400.00 $ 0.00 $ 1,400.00
Project &Grant Accounting
PGA Standard 1 $ 2,000.00 $ 0.00 $ 2,000.00
Purchasing
Purchasing-Standard 1 $ 2,700.00 $ 0.00 $ 2,700.00
TOTAL $ 37,900.00
2023-473885-K1Z9N0 CONFIDENTIAL Page 4
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Assets Mobile 1 20 $4,205.00
Inventory 1 68 $ 5,427.00
Inventory Mobile 1 20 $4,205.00
Human Resources Management
Employee Expense Reimbursement 1 52 $ 2,979.00
Risk Management 1 20 $ 1,247.00
Revenue
Cashiering 1 64 $ 9,381.00
Resident Access 1 68 $ 5,670.00
Data Insights
Capital Projects Explorer 1 0 $ 7,200.00
Open Finance 1 0 $ 14,400.00
Additional
ACFR Statement Builder 1 40 $ 7,065.00
DocuSign Signature Service-Annual Fee 1 20 $ 9,450.00
Integrations
API Toolkit Bundle 1 40 $ 25,592.00
TOTAL: 412 $ 96,821.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance
Install Fee-Capital Projects Explorer 1 $ 2,800.00 $ 0.00 $ 2,800.00 $ 0.00
Install Fee- Open Finance 1 $ 5,600.00 $ 0.00 $ 5,600.00 $ 0.00
2023-473885-K1Z9N0 CONFIDENTIAL Page 5
Conversion-See Detailed Breakdown Below $ 9,000.00 $ 0.00
Onsite Implementation 128 $ 225.00 $ 0.00 $ 28,800.00 $ 0.00
Remote Implementation 284 $ 200.00 $ 0.00 $ 56,800.00 $ 0.00
TOTAL $ 103,000.00 $0.00
Optional Transaction Fees
Description
Tyler Enterprise Payments
Optional 3rd Party Hardware,Software and Services
Unit Unit
Discount Unit Maint/SaaS Total
Description Qty Unit Price Total Price Maint/SaaS Discount Maint/SaaS
Annual Rental, Credit Card Device, Lane 7000 1 $ 0.00 $ 0.00 $ 0.00 $ 276.00 $ 0.00 $ 276.00
Barcode Printer Kit 1 $ 1,445.00 $ 0.00 $ 1,445.00 $ 145.00 $ 0.00 $ 145.00
Barcode Scanner- NX6 Rugged Mobile Scanning
Device 1 $ 1,695.00 $ 0.00 $ 1,695.00 $ 170.00 $ 0.00 $ 170.00
Cash Drawer 1 $ 260.00 $ 0.00 $ 260.00 $ 0.00 $ 0.00 $ 0.00
Hand Held Scanner Stand 1 $ 30.00 $ 0.00 $ 30.00 $ 0.00 $ 0.00 $ 0.00
Pattern Stream Automated Document System -
Implementation 64 $ 185.00 $ 0.00 $ 11,840.00 $ 0.00 $ 0.00 $ 0.00
Pattern Stream Automated Document System -
SaaS 1 $ 0.00 $ 0.00 $ 0.00 $ 15,480.00 $ 0.00 $ 15,480.00
Payments Lane 7000 Terminal Purchase 1 $ 529.00 $ 0.00 $ 529.00 $ 0.00 $ 0.00 $ 0.00
Payments PCI Service Fee (Per Device) 1 $ 0.00 $ 0.00 $ 0.00 $ 180.00 $ 0.00 $ 180.00
Printer (TM-S9000II) 1 $ 1,623.00 $ 0.00 $ 1,623.00 $ 0.00 $ 0.00 $ 0.00
Touchscreen 7: Biometric and Prox Reader 1 $ 2,695.00 $ 0.00 $ 2,695.00 $ 270.00 $ 0.00 $ 270.00
TOTAL $ 20,117.00 $ 16,521.00
Optional Conversion Details(Prices Reflected Above)
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Description Quantity Unit Price DiscountTotal
General Billing
GB- Bills up to 5 years 1 $4,000.00 $ 0.00 $4,000.00
GB Std CID 1 $ 1,500.00 $ 0.00 $ 1,500.00
Inventory
IN Std Master 1 $ 3,500.00 $ 0.00 $ 3,500.00
TOTAL $ 9,000.00
Tyler Annual Discount Detail(Excludes Optional Products)
Annual Fee
Description
Financial Management
Accounting $ 25,492.00 $ 2,549.00 $ 22,943.00
Accounts Payable $ 7,054.00 $ 705.00 $ 6,349.00
Bid Management $ 2,785.00 $ 279.00 $ 2,506.00
Budgeting $ 7,054.00 $ 705.00 $ 6,349.00
Capital Assets $ 5,888.00 $ 589.00 $ 5,299.00
Cash Management $4,402.00 $440.00 $ 3,962.00
Contract Management $ 2,765.00 $ 277.00 $ 2,488.00
eProcurement (Vendor Access and Punch-Out) $ 5,130.00 $ 513.00 $4,617.00
Project &Grant Accounting $4,807.00 $481.00 $4,326.00
Purchasing $ 10,455.00 $ 1,046.00 $ 9,409.00
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 100
Employees $ 9,353.00 $ 935.00 $ 8,418.00
Human Resources &Talent Management $4,944.00 $494.00 $4,450.00
Payroll with Employee Access $ 7,117.00 $ 712.00 $ 6,405.00
Recruiting $ 1,076.00 $ 108.00 $ 968.00
Time &Attendance w Mobile Access- Up to 250 Employees $ 11,052.00 $ 1,105.00 $ 9,947.00
Revenue Management
Accounts Receivable $ 5,197.00 $ 520.00 $4,677.00
General Billing $ 3,379.00 $ 338.00 $ 3,041.00
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Content Management
Content Manager Core includes Onboarding $ 11,312.00 $ 1,131.00 $ 10,181.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 14,477.00 $ 1,448.00 $ 13,029.00
Additional
Enterprise Forms Processing Software (including Common
Form Set) $ 6,493.00 $ 649.00 $ 5,844.00
Recurring Services
Managed Detection & Response $ 12,000.00 $ 12,000.00 $ 0.00
TOTAL $ 162,232.00 $ 27,024.00 $ 135,208.00
Comments
Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and
timeline as defined in the Statement of Work(SOW)for your project.The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be
altered by the Client,Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel
Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are
responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than four (4)weeks in advance, Client is liable to Tyler for(i) all non-refundable expenses incurred by Tyler on
Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
The Implementation Hours included in this quote assume a work split effort of 60%Client and 40%Tyler.
Implementation Hours are scheduled and delivered in four (4) or eight(8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more
than one occurrence of a class is needed,Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-
Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
2023-473885-K1Z9N0 CONFIDENTIAL Page 8
Tyler currently supports the following identity providers (IdP's)for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD,
ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by
Tyler will require additional costs, available upon request.
Tyler Cybersecurity services are governed by the terms found here: Cybersecurity Services Terms of Service (tylertech.com). Your signature on this
order or your receipt or use of Tyler Cybersecurity services indicates that you have read, understand, and agree to be bound by such
terms. Additionally, your signature on this order indicates that you are authorized to bind the entity listed on this order to such terms.
Content Manager Core includes up to 1TB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of$5,000
per TB.
The SaaS fees for product that are not named users are based on 50 concurrent users. Should the number of concurrent users be exceeded,
Tyler reserves the right to re-negotiate the SaaS fees based upon any resulting changes in the pricing categories.
For the avoidance of doubt, Managed Detection & Response is a subscription service, not SaaS. Notwithstanding the foregoing language,
payment of annual subscription fees for Managed Detection & Response commence on the availability of the service. Managed Detection &
Response services will renew automatically for additional one (1)year terms, and subsequent subscription fees are due annually in advance on
the anniversary of the availability date at our then-current rates. Pricing is based on client's current network size as defined by their entity size.
Any material increases of network size may result in additional fees being assessed for the Managed Detection & Response service upon
renewal.The quoted Managed Detection & Response amount does not include monitoring of student devices nor analysis of student network
traffic.Tyler can quote an additional fee for these services.
Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 10991NT, 10995, 1099NEC
and 1099G.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form -Change.
Each API Toolkit or Connector comes with 8 free hours of API Development Consulting hours. Each API Bundle comes with 16 free API
Development Consulting hours. Additional hours can be purchased beyond this standard offering.
Your rights, and the rights of any of your end users,to use Tyler's Data & Insights SaaS Services, or certain Tyler solutions which include Tyler's
Data & Insights data platform, are subject to the Terms of Services, available at https://www.tylertech.com/terms/data-insights-saas-services-
terms-of-service. By signing this sales quotation, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify
that you have reviewed, understand, and agree to said terms.
2023-473885-K1Z9N0 CONFIDENTIAL Page 9
Fees for year one of hardware maintenance will be invoiced as of the first day of the calendar month following the date the hardware is
delivered and may be prorated to end coterminous with the Annual Support Maintenance term. Subsequent annual hardware maintenance fees
shall be invoiced together with the Annual Support Maintenance term in accordance with the terms of the Agreement.
Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct
deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.
All hardware related to Assets Mobile and Inventory Mobile will be under a standard maintenance plan which starts when they are shipped.This
includes replacement of your current hardware if it cannot be fixed through the standard helpdesk process.
Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/payment-
card-processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to
such terms. Please see attached Payments fee schedule.
DocuSign Signature Service refers to the interface between Tyler software and DocuSigns services. It does not include or take the place of
DocuSigns proprietary products. Clients are required to provide certain DocuSign account information for implementation and to maintain its
DocuSign account in order to use the interface. Clients who do not have a current DocuSign account can email dsreferral@docusign.com for
more information or to begin the process of obtaining an account.
In the event Client acquires from Tyler any edition of Content Manager software other than Enterprise Edition, the license for Content Manager
is restricted to use with Tyler applications only. If Client wishes to use Content Manager software with non-Tyler applications, Client must
purchase or upgrade to Content Manager Enterprise Edition.
Your acquisition of clocks and/or clock maintenance is subject to the following terms: https://www.tylertech.com/terms/executime-clock-terms.
Tyler grants Client a trial period for Tyler Managed Detection and Response (MDR) of sixty (60) days (hereafter, the "Trial Period"),
beginning with the installation of the Tyler MDR service. Your access to Managed Detection and Response terminates at the end of
the Trial Period unless you provide written confirmation that you wish to receive Tyler MDR as a paid service. If you provide. such
confirmation, your year one annual subscription fee for Tyler MDR, determined with reference to the undiscounted annual fee for
Tyler MDR as indicated in the Investment Summary, will be invoiced at the beginning of the one-year period commencing at the end
of the Trial Period, prorated to align with the applicable maintenance or SaaS term under the Agreement. Thereafter the annual
subscription for Tyler MDR shall automatically renew for additional one (1) year terms, at our then current pricing, unless terminated
by either party at least thirty (30) days prior to the renewal date. Annual fees for Tyler MDR are invoiced in advance.
2023-473885-K1Z9N0 CONFIDENTIAL Page 10
Exhibit B
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Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the
initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial
term are set forth in the Investment Summary. Upon expiration of the initial term,your annual
SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services(including training): Implementation and
other professional services (including training) are billed and invoiced as delivered, at the
rates set forth in the Investment Summary. The foregoing notwithstanding,Tyler agrees to
withhold ten percent (10%) of the implementation fees associated with a project phase (the
"Retention"), with such Retention to be payable forty-five (45)following the applicable
phase live date. Tyler reserves the right to invoice for the Retention in the event the Client
delays a live date by more than ninety (90) days (whether consecutive or cumulative) and
such delay in not caused by Tyler's failure to perform.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of
the Best Practice Recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where "Project Planning
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Exhibit B
Services" are provided, payment will be due upon delivery of the Implementation Planning
document. Dedicated Project Management services, if any,will be billed monthly in arrears,
beginning on the first day of the month immediately following initiation of project planning.
2.6 Web Services: Annual fees for web services are payable in advance, commencing upon the
availability of the service. Your annual fees for the initial term are set forth in the
Investment Summary. Upon expiration of the initial term, your annual fees will be at our
then-current rates.
2.7 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due
annually, in advance, commencing on the availability of the service. Your annual fees for the
initial term are set forth in the Investment Summary. Upon expiration of the initial term,
your annual fees will be at our then-current rates.
3. Third Party Products and Hardware.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance:The first year maintenance fee for the Third Party
Software is invoiced when we make it available to you for downloading. Subsequent annual
maintenance fees for Third Party Software are invoiced annually, in advance, at then-
current rates, upon each anniversary thereof.
3.3 Hardware:Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance:The first year maintenance fee for Hardware is invoiced upon
delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced
annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary.
3.6 Third PartySaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance,
commencing with availability of the respective Third Party SaaS Services. Pricing for the first
year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for
subsequent years will be at the respective third party's then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.)fees are invoiced on a quarterly basis. Fees are indicated in the Investment
Summary and may be increased by Tyler upon notice of no less than thirty(30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy. Our current Business Travel Policy is attached to this Exhibit
B as Schedule 1. Copies of receipts will be provided upon request;we reserve the right to
charge you an administrative fee depending on the extent of your requests. Receipts for
miscellaneous items less than twenty-five dollars and mileage logs are not available.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
AR@tvlertech.com.
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Exhibit B
Schedule 1
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Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations &Tickets
The Travel Management Company(TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee's total trip duration and the fare is within $100(each way)
of the lowest logical fare. If a net savings of$200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee's total trip duration,the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2)weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six(6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for "Basic Economy Fares" because these fares are non-refundable and have
many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days=one (1) checked bag
• Six(6) or more days=two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
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Exhibit B
Schedule 1
2. Ground Transportation
A. Private Automobile
Mileage Allowance—Business use of an employee's private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a "mid-size" or"intermediate" car. "Full" size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally(excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking &Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
"No shows" or cancellation fees are not reimbursable if the employee does not comply with the
hotel's cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
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Exhibit B
Schedule 1
Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon Dinner
Return Day
Return before 12:00 noon Breakfast
Return between 12:00 noon &7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
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Exhibit B
Schedule 1
5. Internet Access—Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee's hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the "lowest practical coach fare" with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
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Exhibit C
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Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. All other support services are documented
in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support
services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month,
calculated as follows: (Service Availability—Downtime) _Service Availability.
Client Error Incident:Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security
vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or
(3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used
in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime,you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
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Exhibit C
b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring,we will work
with you to identify the cause of the Downtime (including whether it may be the result of Planned
Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you
to resume normal operations.
C. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the
calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your
relief request within thirty(30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months
and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% -99.70% Remedial action will be taken
99.69% -98.50% 2%of SaaS Fees paid for applicable month
98.49% -97.50% 4% of SaaS Fees paid for applicable month
97.49% -96.50% 6% of SaaS Fees paid for applicable month
96.49% -95.50% 8% of SaaS Fees paid for applicable month
Below 95.50% 10%of SaaS Fees paid for applicable month
* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic,we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software
unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be
unavailable during the maintenance window.
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Exhibit C
Schedule 1
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Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal)—for less urgent and functionality-based questions, users may create
support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most"how-to" and configuration-
based questions through a simplified search interface with machine learning, potentially
eliminating the need to submit the support case.
(2) Email—for less urgent situations, users may submit emails directly to the software support
group.
(3) Telephone—for urgent or complex questions, users receive toll-free,telephone software
support.
*Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website—www.tylertech.com—for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 240.
(3) Tyler Community—provides a venue for all Tyler clients with current maintenance agreements to
collaborate with one another, share best practices and resources, and access documentation.
(4) Tyler University—online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday—
Friday) across four US time zones (Pacific, Mountain, Central and Eastern).Tyler's holiday schedule is
outlined below.There will be no support coverage on these days.
New Year's Day Labor Day
Martin Luther King,Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service,we will provide you with procedures for contacting
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Exhibit C
Schedule 1
support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets
set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of
each month to assist your IT staff with applying patches and release upgrades, as well as consulting with
them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler's Customer Relationship Management System and given a
unique case number.This system tracks the history of each incident.The case number is used to track
and reference open issues when clients contact support. Clients may track incidents, using the case
number,through Tyler's Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client's needs.Tyler and the Client
will reasonably set the priority of the incident per the chart below.This chart is not intended to address
every type of support incident, and certain "characteristics" may or may not apply depending on
whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud.The goal is
to help guide the Client towards clearly understanding and communicating the importance of the issue
and to describe generally expected response and resolution targets in the production environment only.
References to a "confirmed support incident" mean that Tyler and the Client have successfully validated
the reported Defect/support incident.
Priority Characteristics of Support Incident Resolution Targets*
Level
Support incident that causes (a) Tyler shall provide an initial response to Priority Level
complete application failure or 1 incidents within one (1) business hour of receipt of
application unavailability; (b) the incident. Once the incident has been confirmed,
1 application failure or unavailability in Tyler shall use commercially reasonable efforts to
Critical one or more of the client's remote resolve such support incidents or provide a
location; or(c)systemic loss of circumvention procedure within one (1) business
multiple essential system functions. day. For non-hosted customers,Tyler's responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
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Exhibit C
Schedule 1
Priority Characteristics of Support Incident Resolution Targets'
Level
Support incident that causes (a) Tyler shall provide an initial response to Priority Level
repeated, consistent failure of 2 incidents within four(4) business hours of receipt of
essential functionality affecting more the incident. Once the incident has been confirmed,
than one user or(b) loss or corruption Tyler shall use commercially reasonable efforts to
2 of data. resolve such support incidents or provide a
High circumvention procedure within ten (10) business
days. For non-hosted customers,Tyler's
responsibility for loss or corrupted data is limited to
assisting the Client in restoring its last available
database.
Priority Level 1 incident with an Tyler shall provide an initial response to Priority Level
existing circumvention procedure, or 3 incidents within one (1) business day of receipt of
a Priority Level 2 incident that affects the incident. Once the incident has been confirmed,
only one user or for which there is an Tyler shall use commercially reasonable efforts to
3 existing circumvention procedure. resolve such support incidents without the need for a
circumvention procedure with the next published
Medium maintenance update or service pack,which shall
occur at least quarterly. For non-hosted customers,
Tyler's responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
Support incident that causes failure of Tyler shall provide an initial response to Priority Level
4 non-essential functionality or a 4 incidents within two (2) business days of receipt of
cosmetic or other issue that does not the incident. Once the incident has been confirmed,
Non- qualify as any other Priority Level. Tyler shall use commercially reasonable efforts to
critical resolve such support incidents, as well as cosmetic
issues,with a future version release.
`Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has
elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each
product support team. The corresponding resource will meet with you and any Tyler staff to establish a
mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client's database, processes or setup to diagnose
a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool.Tyler's support team must have the ability to quickly connect to the Client's system and
view the site's setup, diagnose problems, or assist with screen navigation. More information about the
remote support tool Tyler uses is available upon request.
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Exhibit D
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Exhibit D
Third Party Terms
DocOrigin Terms. Your use of Tyler Forms software and forms is subject to the DocOrigin End User
License Agreement available for download here: https://eclipsecorp.us/eula/. By signing a Tyler
Agreement or Order Form including Tyler forms software or forms, or accessing, installing, or using Tyler
Forms software or forms, you agree that you have read, understood, and agree to such terms.
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License
Agreement terms for ThinPrint Engine,ThinPrint License Server, and Connected Gateway found
here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or
accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood,
and agree to such terms.
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Exhibit E
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Exhibit E
Statement of Work
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Exhibit E
City of Aventura, FL
SOW from Tyler Technologies, Inc.
6/17/2024
Presented to:
Indra Sarju
19200 W Country Club Dr
Aventura, FL 33180-2403
Contact:
Becky Terry, PMP
Email: Becky.Terry@TylerTech.com
1 Tyler Drive
Yarmouth, Maine 04096
Fable of Contents
PART 1: EXECUTIVE SUMMARY...............................................................................................................1
1. Project Overview................................................................................................................................ 1
1.1 Introduction ........................................................................................................................................ 1
1.2 Project Goals....................................................................................................................................... 1
1.3 Methodology....................................................................................................................................... 1
PART 2: PROJECT FOUNDATION.............................................................................................................3
2. Project Governance............................................................................................................................3
3. Project Scope Control.........................................................................................................................4
3.1 Managing Scope and Project Change ................................................................................................. 4
3.2 Change Control ................................................................................................................................... 4
3.3 Change Request Management............................................................................................................ 4
4. Acceptance and Acknowledgement Processes....................................................................................6
S. Roles and Responsibilities .................................................................................................................. 7
5.1 Tyler Roles & Responsibilities ............................................................................................................. 7
5.1.1 Tyler Executive Manager............................................................................................................. 7
5.1.2 Tyler Implementation Manager.................................................................................................. 7
5.1.3 Tyler Project Manager................................................................................................................. 7
5.1.4 Tyler Implementation Consultant............................................................................................... 8
5.1.5 Tyler Sales ................................................................................................................................... 9
5.1.6 Tyler Technical Services .............................................................................................................. 9
5.1.7 Tyler Data Experts....................................................................................................................... 9
5.2 City Roles & Responsibilities............................................................................................................... 9
5.2.1 City Executive Sponsor................................................................................................................ 9
5.2.2 City Steering Committee........................................................................................................... 10
5.2.3 City Project Manager ................................................................................................................ 10
5.2.4 City Functional Leads ................................................................................................................ 12
5.2.5 City Power Users....................................................................................................................... 12
5.2.6 City End Users ........................................................................................................................... 13
5.2.7 City Technical Lead.................................................................................................................... 13
5.2.8 City Change Management Lead ................................................................................................ 13
PART 3: PROJECT PLAN........................................................................................................................... 14
6. Project Stages................................................................................................................................... 14
6.1 Initiate and Plan ................................................................................................................................ 15
6.1.1 Initial Coordination ................................................................................................................... 15
6.1.2 Project/Phase Planning............................................................................................................. 16
City of Aventura, FL
Tyler Technologies, Inc. Page i
6.1.3 Infrastructure Planning............................................................................................................. 17
6.1.4 Stakeholder Meeting................................................................................................................. 18
6.1.5 This work package is not applicable.......................................................................................... 19
6.1.6 Control Point 1: Initiate & Plan Stage Acceptance.................................................................... 19
6.2 Assess & Define................................................................................................................................. 19
6.2.1 Solution Orientation.................................................................................................................. 19
6.2.2 Current & Future State Analysis................................................................................................ 20
6.2.3 Data Assessment....................................................................................................................... 21
6.2.4 Conversion Assessment ............................................................................................................ 23
6.2.5 This work package is not applicable.......................................................................................... 24
6.2.6 This work package is not applicable.......................................................................................... 24
6.2.7 Control Point 2: Assess & Define Stage Acceptance................................................................. 24
6.3 Prepare Solution ............................................................................................................................... 24
6.3.1 Initial System Deployment........................................................................................................ 24
6.3.2 Configuration ............................................................................................................................ 25
6.3.3 Process Refinement .................................................................................................................. 26
6.3.4 Conversion Delivery.................................................................................................................. 28
6.3.5 This work package is not applicable.......................................................................................... 29
6.3.6 This work package is not applicable.......................................................................................... 29
6.3.7 Control Point 3: Prepare Solution Stage Acceptance................................................................ 29
6.4 Production Readiness ....................................................................................................................... 30
6.4.1 Solution Validation.................................................................................................................... 30
6.4.2 Go-Live Readiness..................................................................................................................... 31
6.4.3 End User Training...................................................................................................................... 32
6.4.4 Control Point 4: Production Readiness Stage Acceptance........................................................ 33
6.5 Production......................................................................................................................................... 33
6.5.1 Go-Live ...................................................................................................................................... 34
6.5.2 Transition to Client Services...................................................................................................... 35
6.5.3 Post Go-Live Activities............................................................................................................... 36
6.5.4 Control Point 5: Production Stage Acceptance......................................................................... 37
6.6 Close.................................................................................................................................................. 37
6.6.1 Phase Closeout.......................................................................................................................... 37
6.6.2 Project Closeout........................................................................................................................ 38
6.6.3 Control Point 6: Close Stage Acceptance.................................................................................. 39
7. General Assumptions ....................................................................................................................... 40
7.1 Project............................................................................................................................................... 40
7.2 Organizational Change Management ............................................................................................... 40
7.3 Resources and Scheduling................................................................................................................. 40
7.4 Data................................................................................................................................................... 41
7.5 Facilities............................................................................................................................................. 41
8. Glossary ........................................................................................................................................... 42
PART 4: APPENDICES............................................................................................................................... 45
City of Aventura, FL
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9. Conversion....................................................................................................................................... 45
9.1.1 Accounting................................................................................................................................ 45
9.1.2 Accounting- Budgets ................................................................................................................ 45
9.1.3 Accounts Payable...................................................................................................................... 45
9.1.4 Accounts Payable- Checks........................................................................................................ 45
9.1.5 Accounts Payable- Invoices...................................................................................................... 45
9.1.6 Capital Assets Master................................................................................................................ 45
9.1.7 Contracts................................................................................................................................... 45
9.1.8 Project Accounting.................................................................................................................... 46
9.1.9 Purchase Orders........................................................................................................................ 46
9.1.10 Human Resources Management............................................................................................... 46
9.1.11 Payroll—Accrual Balances......................................................................................................... 46
9.1.12 Payroll—Accumulators ............................................................................................................. 46
9.1.13 Payroll - Deductions.................................................................................................................. 46
9.1.14 Payroll—Check History ............................................................................................................. 46
9.1.15 Payroll—Earning/Deduction Hist.............................................................................................. 46
9.1.16 Payroll—State Retirement Tables............................................................................................. 47
10. Additional Appendices.................................................................................................................. 48
10.1 Tyler and Client Work Split Assumptions.......................................................................................... 48
10.1.1 Increased Work Split Hours....................................................................................................... 48
10.2 KOA Hills Conversion Services........................................................................................................... 49
10.2.1 Tyler EERP Finance Data Conversion Assistance....................................................................... 49
10.2.2 Tyler EERP HRM Data Conversion Assistance........................................................................... 52
10.3 Interfaces .......................................................................................................................................... 56
11. Project Timeline ........................................................................................................................... 59
11.1 ERP Project Timeline......................................................................................................................... 59
11.2 This work package is not applicable.................................................................................................. 60
City of Aventura, FL
Tyler Technologies, Inc. Page iii
Part 1 : Executive Summary
1 Project Overview
1.1 Introduction
Tyler Technologies ("Tyler') is the largest and most established provider of integrated software and
technology services focused solely on the public sector.Tyler's end-to-end solutions empower public sector
entities including local, state, provincial and federal government,to operate more efficiently and connect
more transparently with their constituents and with each other. By connecting data and processes across
disparate systems, Tyler's solutions transform how clients gain actionable insights that solve problems in their
communities.
1.2 Project Goals
This Statement of Work("SOW") documents the methodology, implementation stages, activities, and roles
and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler
and the City (collectively the "Project").
The overall goals of the project are to:
■ Successfully implement the contracted scope on time and on budget
■ Increase operational efficiencies and empower users to be more productive
■ Improve accessibility and responsiveness to external and internal customer needs
■ Overcome current challenges and meet future goals
■ Providing a single, comprehensive, and integrated solution to manage business functions
■ Streamline business processes through automation, integration, and workflows
■ Eliminate redundant data entry
■ Provide a user-friendly user interface to promote system use and productivity
1.3 Methodology
This is accomplished by the City and Tyler working as a partnership and Tyler utilizing its depth of
implementation experience. While each Project is unique, all will follow Tyler's six-stage methodology. Each
of the six stages is comprised of multiple work packages, and each work package includes a narrative
description, objectives,tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler's public sector clients, the project methodology contains Stage Acceptance
Control Points throughout each Phase to ensure adherence to scope, budget,timeline controls, effective
communications, and quality standards. Clearly defined,the project methodology repeats consistently across
Phases, and is scaled to meet the City's complexity and organizational needs.
City of Aventura, FL
Tyler Technologies, Inc. Page 1
Tyler's Six Stage Project Methodology
WW MW MW MW 00
INITIATE& ASSM A PREPARE PRODUCTION PRODUCTION CLOSE
PLAN DEFINE SOLUTION L READINESS I" Ali 04
ErerRr�rn
Cmnum
ImRawtmem
GOVERNANCE
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both the City and Tyler commit to including the necessary
leadership and governance. During each stage of the Project, it is expected that the City and Tyler Project
teams work collaboratively to complete tasks. An underlying principle of Tyler's Implementation process is to
employ an iterative model where the City's business processes are assessed, configured, validated, and
refined cyclically in line with the project budget. This approach is used in multiple stages and work packages
as illustrated in the graphic below.
Iterative Project Model
, ,
The delivery approach is systematic,which reduces variability and mitigates risks to ensure Project success. As
illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to
complete the Project efficiently and effectively.
City of Aventura, FL
Tyler Technologies, Inc. Page 2
Part 2 : Project Foundation
2. Project Governance
Project governance is the management framework within which Project decisions are made.The role of
Project governance is to provide a decision-making approach that is logical, robust, and repeatable.This
allows organizations to have a structured approach for conducting its daily business in addition to project
related activities.
This section outlines the resources required to meet the business needs, objectives, and priorities for the
Project, communicate the goals to other Project participants, and provide support and guidance to
accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change
Control review and authority, and Organizational Change Management activities. Throughout the Statement
of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation
which will further outline responsibilities of different roles in each stage. Further refinement of the
governance structure, related processes, and specific roles and responsibilities occurs during the Initiate &
Plan Stage.
The chart below illustrates an overall team perspective where Tyler and the City collaborate to resolve Project
challenges according to defined escalation paths. If project managers do not possess authority to determine a
solution, resolve an issue, or mitigate a risk,Tyler implementation management and the City Steering
Committee become the escalation points to triage responses prior to escalation to the City and Tyler
executive sponsors. As part of the escalation process, each Project governance tier presents
recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City
and Tyler executive sponsors serve as the final escalation point.
Project Governance Relationships
CLIENT LEADERSHIP TYLER LEADERSHIP
EXECUTIVE SPONSOR EXECUTIVE SPONSOR
Champions the project,secures buy-in,provides T-1► Provides oversight and ultimate decision-making
oversight and ultimate decision-making
STEERING COMMITTEE IMPLEMENTATION MANAGER
Monitors progress,goals and objectives Monitors progress
r
PROJECT MANAGER PROJECT MANAGER
Oversees project schedule and tasks + Oversees project schedule and tasks
City of Aventura, FL
Tyler Technologies, Inc. Page 3go
3. Project Scope Control
3.1 Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget,timeline, and scope.These constraints, known as the "triple constraints" or project management
triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the
work performed to deliver a product, service or result with the specified features and functions,while time is
simply defined as the schedule.The Triple Constraint theory states that if you change one side of the triangle,
the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased,
cost and time to complete will also need to increase.The Project and executive teams will need to remain
cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this
triangle is included here, showing the connection of each item and their relational impact to the overall
Scope.
Project Management Triangle
QUALITY
4i
I
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level
of flexibility to incorporate approved changes. Scope and changes within the project will be managed using
the change control process outlined in the following section.
3.2 Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new
constraints or opportunities are discovered).This Project is being undertaken with the understanding that
Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders.
Changes to contractual requirements will follow the change control process specified in the final contract,
and as described below.
3.3 Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the
change will be brought to the attention of the Steering Committee and an assessment of the change will
occur. While such changes may result in additional costs and delays relative to the schedule, some changes
may result in less cost to the City; for example, the City may decide it no longer needs a deliverable originally
defined in the Project.The Change Request will include the following information:
City of Aventura, FL
Tyler Technologies, Inc. Page 4go
■ The nature of the change.
■ A good faith estimate of the additional cost or associated savings to the City, if any.
■ The timetable for implementing the change.
■ The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The City will use its good faith efforts to either approve or disapprove any Change Request within fifteen (15)
Business Days (or other period as mutually agreeable between Tyler and the City). Any changes to the Project
scope, budget, or timeline must be documented and approved in writing using a Change Request form. These
changes constitute a formal amendment to the Statement of Work and will supersede any conflicting term in
the Statement of Work.
Change Request Process
NEED SCOPE DETAILS REQUEST CHANGESSCHEDULE
CLIENT IDENTIFIES TYLER ASSESSES I CLIENT DETAILS IFTYLER AGREES CLIENT AUTHORIZES SCHEDULE ADJUSTED TO
NEED/DESIRE FOR DETERMINES OUT NEED IN CHANGE WITH THE REQUEST OR DECLINES THE ACCOMMODATE THE
CHANGE OF SCOPE REQUEST FORM — CHANGE CHANGE IF NECESSARY
11 Tyler Agrees WO Request —
Estenale provided to ceoo. tncludlnR addition of new tasks
otherwise reason for denial that result from the change
provided
City of Aventura, FL
Tyler Technologies, Inc. Page 5
4. Acceptance and Acknowledgement Processes
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will
vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success
of the Project that each City office or department designates specific individuals for making decisions on
behalf of their offices or departments.
Both Tyler and the City will identify representative project managers. These individuals will represent the
interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining City feedback and approval on Project deliverables will be critical to the success of
the Project.The City project manager will strive to gain deliverable and decision approvals from all authorized
City representatives. When possible,to ensure an efficient response process,the Tyler Project Manager will
notify the City Project Manager of an upcoming Deliverable or Control Point to allow the City Project Manager
adequate time to align resources for review and to effectively use the review timeline window, in order to
meet mutually agreed upon response timelines.This will typically occur during recurring weekly status calls
between Tyler and the City. Given that the designated decision-maker for each department may not always
be available, there must be a designated proxy for each decision point in the Project. Assignment of each
proxy will be the responsibility of the leadership from each City department.The proxies will be named
individuals that have the authorization to make decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
■ The City shall have ten (10) business days from the date of delivery, or as otherwise mutually agreed
upon by the parties in writing,to accept each Deliverable or Control Point. If the City does not
provide acceptance within ten (10) business days, or the otherwise agreed upon timeframe, not to be
unreasonably withheld, and does not give notice of rejection,Tyler may deem the Deliverable or
Control Point as accepted.
■ If the City does not agree the Deliverable or Control Point meets requirements,the City shall notify
Tyler project manager(s), in writing, with reasoning within ten (10) business days, or the otherwise
agreed-upon timeframe, not to be unreasonably withheld, of receipt of the Deliverable.
■ Tyler shall address any deficiencies and redeliver the Deliverable or Control Point within a mutually
agreed upon timeframe based upon the complexity of the deficiencies.The City shall then have five
(5) , or an otherwise agreed-upon timeframe, business days from receipt of the redelivered
Deliverable or Control Point to accept or again submit written notification of reasons for rejecting the
milestone. If the City does not provide acceptance within five (5) business days, or the otherwise
agreed upon timeframe, not to be unreasonably withheld,Tyler deems the Deliverable or Control
Point as accepted. If the City again deems the Deliverable or Control point to be deficient and not in
conformance with the stated Scope and Objectives of said Deliverable,the Authority shall reject the
Deliverable and work with Tyler to cure the deficiency and re-deliver the Deliverable according to the
process set forth in this Section.
■ Certain Deliverables developed throughout the project may not be static and will be updated as
needed throughout the process. As an example, the Implementation Project Plan ("Project Plan" or
"schedule") will be delivered as a baseline document and developed collaboratively with the
Authority. For these types of Deliverables that will be revised or otherwise maintained throughout
the project,Tyler requires the City Acknowledgement of receipt of the Deliverable, and not formal
Acceptance.The City shall have ten (10) business days from the date of receipt, or as otherwise
mutually agreed upon in writing by the parties,to (a) acknowledge receipt of the Deliverable and
conformance to the stated Scope and Objectives of said Deliverable; or(b) reject the Deliverable.
City of Aventura, FL
Tyler Technologies, Inc. Pagel 6
■ Acceptance by the City shall, in no event, modify or limit Tyler's obligations under this SOW.
5. Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City and Tyler. Roles and
responsibilities may not follow the organizational chart or position descriptions at the City, but are roles
defined within the Project. It is common for individual resources on both the Tyler and City project teams to
fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
5.1 Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project Additional Tyler resources are
assigned as the schedule develops and as needs arise.
5.1.1 Tyler Executive Manager
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation
process.This team member offers additional support to the Project team and collaborates with other Tyler
department managers as needed to escalate and facilitate implementation Project tasks and decisions.
■ Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying
the City's overall organizational strategy.
■ Authorizes required Project resources.
■ Resolves all decisions and/or issues not resolved at the implementation management level as part of
the escalation process.
■ Acts as the counterpart to the City's executive sponsor.
5.1.2 Tyler Implementation Manager
■ Tyler implementation management has indirect involvement with the Project and is part of the Tyler
escalation process.The Tyler project managers consult implementation management on issues and
outstanding decisions critical to the Project. Implementation management works toward a solution
with the Tyler Project Manager or with City management as appropriate.Tyler executive
management is the escalation point for any issues not resolved at this level.
■ Assigns Tyler Project personnel.
■ Provides support for the Project team.
■ Provides management support for the Project to ensure it is staffed appropriately and staff have
necessary resources.
■ Monitors Project progress including progress towards agreed upon goals and objectives.
5.1.3 Tyler Project Manager
■ The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources
between departments, management of the Project budget and schedule, effective risk, and issue
management, and is the primary point of contact for all Project related items. As requested by the
City,the Tyler Project Manager provides regular updates to the City Steering Committee and other
Tyler governance members. Tyler Project Manager's role includes responsibilities in the following
areas:
City of Aventura, FL
Tyler Technologies, Inc. Page 7
5.1.3.1 Contract Management
■ Validates contract compliance throughout the Project.
■ Ensures Deliverables meet contract requirements.
■ Acts as primary point of contact for all contract and invoicing questions.
■ Prepares and presents contract milestone signoffs for acceptance by the City project manager(s).
■ Coordinates Change Requests, if needed,to ensure proper Scope and budgetary compliance.
5.1.3,2 Planning
■ Delivers project planning documents.
■ Defines Project tasks and resource requirements.
■ Develops initial Project schedule and Project Management Plan and maintains the Project schedule
on a regular basis.
■ Collaborates with the City project manager(s)to plan and schedule Project timelines to achieve on-
time implementation.
5.1.3.3 Implementation Management
■ Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus
actual are transparent and handled effectively and efficiently.
■ Establishes and manages a schedule and Tyler resources that properly support the Project Schedule
and are also in balance with Scope/budget.
■ Establishes risk/issue tracking/reporting process between the City and Tyler and takes all necessary
steps to proactively mitigate these items or communicate with transparency to the City any items
that may impact the outcomes of the Project.
■ Collaborates with the City's project manager(s) to establish key business drivers and success
indicators that will help to govern Project activities and key decisions to ensure a quality outcome of
the project.
■ Collaborates with the City's project manager(s) to set a routine communication plan that will aide all
Project team members, of both the City and Tyler, in understanding the goals, objectives, status, and
health of the Project.
5.1.3.4 Resource Management
■ Acts as liaison between Project team and Tyler manager(s) and Implementation Consultants.
■ Identifies and coordinates all Tyler resources across all applications, Phases, and activities including
development,forms, installation, reports, implementation, and billing.
■ Provides direction and support to Project team.
■ Manages the appropriate assignment and timely completion of tasks as defined in the Project
Schedule,task list, and Go-Live Checklist.
■ Assesses team performance and adjusts as necessary.
■ Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
5.1.4 Tyler Implementation Consultant
■ Completes tasks as assigned by the Tyler project manager(s).
■ As appropriate, follows-up on issues identified during sessions and conveys these items to the Tyler
Project Manager.
■ Documents activities for services performed by Tyler.
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Tyler Technologies, Inc. Page 8go
■ Captures and distributes notes with action items discussed, responsible organization and person, and
a target date for completion of each action item as part of the site report process.
■ Guides the City through software validation process following configuration.
■ Assists during Go-Live process and provides support until the City transitions to Client Services.
■ Facilitates training sessions and discussions with the City and Tyler staff to ensure adequate
discussion of the appropriate agenda topics during the allotted time.
■ May provide conversion review and error resolution assistance.
■ Keeps Tyler project manager(s) proactively apprised of any and all issues which may result in the need
for additional training, change in schedule, change in process decisions, or which have the potential
to adversely impact the success of the Project prior to taking action.
5.1.5 Tyler Sales
■ Supports Sales to Implementation knowledge transfer during Initiate & Plan.
■ Provides historical information, as needed, throughout implementation.
■ Participates in pricing activities if additional licensing and/or services are needed.
5.1.6 Tyler Technical Services
■ Maintains Tyler infrastructure requirements and design document(s).
■ Involved in system infrastructure plan ning/review(s).
■ Provides first installation of licensed software with initial database on servers.
■ Supports and assists the project team with technical/environmental issues/needs.
■ Deploys Tyler products.
5.1.1 Tyler Data Experts
• Validates that customer data files are in proper format.
• Develops customized conversion programs, as necessary,to convert Legacy System data into the
Tyler database for production use according to defined mapping.
• Provides error Reports on unsupported data conditions and the merging or normalization of data
fields.
• Assists the County with understanding and interpreting error Reports.
• Performs changes and corrections to customized conversion programs as the County completes the
data review.
• Provides conversion consulting and mapping assistance.
5.2 City Roles & Responsibilities
City resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to
multiple Project roles.
5.2.1 City Executive Sponsor
The City executive sponsor provides support to the Project by providing strategic direction and
communicating key issues about the Project and its overall importance to the organization. When called
upon,the executive sponsor also acts as the final authority on all escalated Project issues. The executive
sponsor engages in the Project, as needed,to provide necessary support, oversight,guidance, and escalation,
City of Aventura, FL
Tyler Technologies, Inc. Pagel 9
but does not participate in day-to-day Project activities.The executive sponsor empowers the City steering
committee, project manager(s), and functional leads to make critical business decisions for the City.
■ Champions the project at the executive level to secure buy-in.
■ Authorizes required project resources.
■ Actively participates in organizational change communications.
5.2.2 City Steering Committee
The City steering committee understands and supports the cultural change necessary for the Project and
fosters an appreciation for the Project's value throughout the organization.The steering committee oversees
the City project manager and Project through participation in regular internal meetings.The City steering
committee remains updated on all Project progress, Project decisions, and achievement of Project
milestones. The City steering committee also serves as primary level of issue resolution for the Project.
■ Works to resolve all decisions and/or issues not resolved at the project manager level as part of the
escalation process.
■ Attends all scheduled steering committee meetings.
■ Provides support for the project team.
■ Assists with communicating key project messages throughout the organization.
■ Prioritizes the project within the organization.
■ Helps to ensure the project is staffed appropriately by the City based upon the information furnished
to the City by Tyler related to staffing resource demands, and that staff have necessary resources.
■ Monitors project progress including progress towards agreed upon goals and objectives.
■ Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City Policies
o Needs of other client projects
5.2.3 City Project Manager
The City shall assign project manager(s) prior to the start of this project with overall responsibility and
authority to make decisions related to Project Scope, scheduling, and task assignment.The City Project
Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and
efficient manner. When the City project manager(s) do not have the knowledge or authority to make
decisions, he or she engages the necessary resources to participate in discussions and make decisions in a
timely fashion to avoid Project delays. The City project manager(s) are responsible for reporting to the City
steering committee and determining appropriate escalation points.
5.2.3.1 Contract Management
■ Monitors contract compliance throughout the project.
■ Helps to ensure that invoicing and Deliverables meet contract requirements.
■ Acts as primary point of contact for all contract and invoicing questions. Collaborates on and seeks
input from Steering Committee for Change Requests, if needed,to help ensure proper scope and
budgetary compliance. City Executive (and Steering Committee as appropriate) will deliver final
approval.
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Tyler Technologies, Inc. Page 10
5.2.3.2 Planning
■ Reviews and accepts project planning documents.
■ Defines project tasks and resource requirements for the City project team.
■ Collaborates in the development and approval of the project schedule.
■ Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time
implementation.
5.2.3.3 Implementation Management
■ Manages project budget and scope.
■ Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that
scope changes and budget (planned versus actual) are transparent and handled effectively and
efficiently.
■ Collaborates with Tyler project manager to establish and manage a schedule and resource plan that
properly supports the project schedule as a whole and is also in balance with scope and budget.
■ Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process
between the City and Tyler and takes all reasonably necessary steps to proactively mitigate these
items or communicate with transparency to Tyler any items that may impact the outcomes of the
project.
■ Collaborates with Tyler project manager(s) to establish key business drivers and success indicators
that will help to govern project activities and key decisions to help ensure a quality outcome of the
project.
■ Routinely communicates with both the City staff and Tyler, aiding in the understanding of goals,
objectives, current status, and health of the project by all team members.
■ Manages the requirements gathering process and help ensure timely and quality business
requirements are being provided to Tyler.
5.2.3.4 Resource Management
■ Acts as liaison between project team and stakeholders.
■ Identifies and coordinates all City resources across all modules, phases, and activities including data
conversions,forms design, hardware and software installation, reports building, and satisfying
invoices.
■ Provides direction and support to project team.
■ Builds partnerships among the various stakeholders, negotiating authority to move the project
forward.
■ Manages the appropriate assignment and timely completion of tasks as defined.
■ Assesses team performance and takes corrective action, if needed.
■ Provides guidance to City technical teams to ensure appropriate response and collaboration with
Tyler Technical Support Teams to help ensure timely response and appropriate resolution.
■ Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project
tasks.
■ Helps to ensure that users have appropriate access to Tyler project toolsets as required.
■ Conducts training on proper use of toolsets.
■ Validates completion of required assignments using toolsets.
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Tyler Technologies, Inc. Page 11go
5.2.4 City Functional Leads
■ Lead the City's preparation for and participation in Tyler-led sessions and other project meetings for
the represented functional area.
■ Provide available documentation and support the review of business processes, rules, and
requirements.
■ Lead system setup and configuration efforts among the City staff.
■ Makes business process change decisions under time sensitive conditions.
■ Communicates existing business processes and procedures to Tyler consultants.
■ Assists in identifying business process changes that may require escalation.
■ Contributes business process expertise for Current & Future State Analysis.
■ Identifies and includes additional subject matter experts to participate in Current & Future State
Analysis.
■ Validates that necessary skills have been retained by end users.
■ Provides End Users with dedicated time to complete required homework tasks.
■ Acts as an ambassador/champion of change for the new process and provide business process
change support.
■ Identifies and communicates any additional training needs or scheduling conflicts to the City project
manager.
■ Actively participates in all aspects of the implementation, including, but not limited to,the following
key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of City resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations,testing and approval assistance
o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
5.2.5 City Power Users
■ Participate in project activities as required by the project team and project manager(s).
■ Provide subject matter expertise on the City business processes and requirements.
■ Act as subject matter experts and attend Current & Future State Analysis sessions as needed.
■ Attend all scheduled training sessions.
■ Participate in all required post-training processes as needed throughout project.
■ Test all application configuration to help ensure the application satisfies the City business process
requirements.
■ Become application experts.
■ Participate in Solution Validation.
■ Adopt and support changed procedures.
City of Aventura, FL
Tyler Technologies, Inc. Page 12
■ Complete all deliverables by the due dates defined in the project schedule.
■ Demonstrate competency with Tyler products processing prior to Go-live.
■ Provide knowledge transfer to the City staff during and after implementation.
■ Participate in conversion review and validation.
5.2.6 City End Users
■ Attend all scheduled training sessions.
■ Become proficient in application functions related to job duties.
■ Adopt and utilize changed procedures.
■ Complete all deliverables by the due dates defined in the project schedule.
■ Utilize software to perform job functions at and beyond Go-live.
5.2.7 City Technical Lead
■ Coordinates updates and releases with Tyler as needed.
■ Coordinates the copying of source databases to training/testing databases as needed for training
days.
■ Coordinates and adds new users, printers and other peripherals as needed.
■ Validates that all users understand log-on process and have necessary permission for all training
sessions.
■ Coordinates interface development for City third party interfaces.
■ Develops or assists in creating reports as needed.
■ Help to ensure on-site network and peripheral devices meet specifications provided by Tyler.
■ Assists with software installation as needed.
■ Extracts and transmits conversion data and control reports from the City's legacy system per the
conversion schedule set forth in the project schedule.
5.2.7.1 City Upgrade Coordination
■ Becomes familiar with the software upgrade process and required steps.
■ Becomes familiar with Tyler's releases and updates.
■ Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest
helpful tools to manage the City's software upgrade process.
■ Assists with the software upgrade process during implementation.
■ Manages software upgrade activities post-implementation.
■ Manages software upgrade plan activities.
■ Coordinates software upgrade plan activities with City and Tyler resources.
■ Communicates changes affecting users and department stakeholders.
■ Obtains department stakeholder acceptance to upgrade production environment.
5.2.8 City Change Management Lead
■ Validates that users receive timely and thorough communication regarding process changes.
■ Provides coaching to supervisors to prepare them to support users through the project changes.
■ Identifies the impact areas resulting from project activities and develops a plan to address them
proactively.
■ Identifies areas of resistance and develops a plan to reinforce the change.
■ Monitors post-production performance and new process adherence.
City of Aventura, FL
Tyler Technologies, Inc. Page 13
Part 3 : Project Plan
G Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into
smaller, more manageable components.The top-level components are called "Stages", and the second level
components are called "Work Packages".The work packages, shown below each stage, contain the high-level
work to be done.The detailed Project Schedule, developed during Project/Phase Planning and finalized during
subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a "Control
Point", confirming the work performed during that stage of the Project has been accepted by the City.
Work Breakdown Structure (WBS)
1. Initiate & 2.Assess& 3. Prepare 4. Production 5. Production 6.Close
Plan Define Solution Readiness
1.1 Initial 2.1 Solution 3.1 Initial System 4.1 Solution 5.1 Go Live 6.1 Phase Close
Coordination Orientation Deployment Validation Out
1.2 Project/Phase 2.2 Current&Future 3.2 Configuration 4.2 Go Live 5.2 Transition to 6.2 Project Close
Planning State Analysis Readiness Client Services Out
1.3 GIS Planning* 2.3 Modification 3.3 Process 4.3 End User 5.3 Post Go Live
Analysis Refinement Training Activities
1.4 Infrastructure 2.4 Conversion 3.4 Conversion
Planning Assessment Delivery
1.5 Stakeholder
2.5 Data Assessment 3.5 Data Delivery
Meeting
3.6 Modifications*
*Items noted with an asterisk in the graphic above relate to specific products and services.If those products and services are not included in the scope
of the contract,these specific work packages will be noted as"This work package is not applicable'in Section 6 of the Statement of Work.
City of Aventura, FL
Tyler Technologies, Inc. Page 14
6.1 Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a
foundation for the Project by identifying and establishing sequence and timing for each Phase as well as
verifying scope for the Project.This stage will be conducted at the onset of the Project,with a few unique
items being repeated for the additional Phases as needed.
6.1.1 Initial Coordination
Prior to Project commencement,Tyler management assigns project manager(s). Additional Project resources
will be assigned later in the Project as a Project schedule is developed though such assignment of additional
resources by Tyler shall not lead to delayed project timelines or start-up.Tyler provides the City with initial
Project documents used to gather names of key personnel,their functional role as it pertains to the Project,
as well as any blackout dates to consider for future planning. The City gathers the information requested by
the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project
forward in a timely fashion. Internally,the Tyler Project Manager(s) coordinate with sales to ensure transfer
of vital information from the sales process prior to scheduling a Project Planning Meeting with the City's
team. During this step,Tyler will work with the City to establish the date(s) for the Project and Phase Planning
session.
Objectives:
■ Formally launch the project.
■ Establish project governance.
■ Define and communicate governance for Tyler.
■ Identify City project team.
STAGE 1 Initial Coordination
r City
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City of Aventura, FL
Tyler Technologies, Inc. Page 15
Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
Work package assumptions:
■ Project activities begin after the agreement has been fully executed.
6.1.2 Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and
services purchased, identify applications to implement in each Phase (if applicable), and discuss
implementation timeframes.
During this work package Tyler will work with the City to coordinate and plan a formal Project planning
meeting(s). This meeting signifies the start of the Project and should be attended by all City Project team
members and the Tyler Project Manager.The meeting provides an opportunity for Tyler to introduce its
implementation methodology,terminology, and Project management best practices to the City's Project
Team.This will also present an opportunity for project managers and Project sponsors to begin to discuss
Project communication, metrics, status reporting and tools to be used to measure Project progress and
manage change.
Tyler will work with the City Project Team to prepare and deliver the Project Management Plan as an output
of the planning meeting.This plan will continue to evolve and grow as the Project progresses and will
describe how the project will be executed, monitored, and controlled.
During project planning,Tyler will introduce the tools that will be used throughout the implementation.Tyler
will familiarize the City with these tools during project planning and make them available for review and
maintenance as applicable throughout the project. Some examples are Solution validation plan, issue log, and
go-live checklist.
STAGE 1 Project/Phase Planning
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City of Aventura, FL
Tyler Technologies, Inc. Page 16
Schedule and
conduct planning A R I C C I
session(s)
Develop Project A R I C C I
Management Plan
Develop initial A R I I I I I I C C I I C I
project schedule
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs/Deliverables Acceptance Criteria [only]for Deliverable:
Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City provides acceptance of schedule based
on resource availability, project budget,and
goals.
Work package assumptions:
■ City has reviewed and completed the Guide to Starting Your Project document.
6.1.3 Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation.Tyler
will be responsible for building the environments for a hosted/SaaS deployment. The City is responsible for
the installation, setup, and maintenance of all peripheral devices.
Objectives:
■ Ensure the City's infrastructure meets Tyler's application requirements.
■ Ensure the City's infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
Tyler City
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City of Aventura, FL
Tyler Technologies, Inc. Page 17
Schedule
Environment C I
Availability
Inputs Initial Infrastructure Requirements
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Completed Infrastructure Requirements Delivery of Requirements
6.1.4 Stakeholder Meeting
Communication of the Project planning outcomes to the City Project team, executives and other key
stakeholders is vital to Project success.The Stakeholder meeting is a strategic activity to inform, engage,gain
commitment, and instill confidence in the City team. During the meeting, the goals and objectives of the
Project will be reviewed along with detail on Project scope, implementation methodology, roles and
responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
■ Formally present and communicate the project activities and timeline.
■ Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler City
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Create Stakeholder
Meeting Presentation
I A R I I I I C I
Review Stakeholder I C A R C
Meeting Presentation
Perform Stakeholder A R I I I C I I I I I I
Meeting Presentation
Inputs Agreement
Sow
Project Management Plan
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
City of Aventura, FL
Tyler Technologies, Inc. Page 1 18
Stakeholder Meeting Presentation Presentation developed by both the City and
Tyler,and delivered to identified
stakeholders with participation by Tyler
representatives
Work package assumptions:
■ None
6.1.5 This work package is not applicable.
6.1.6 Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler's receipt of this stage
acceptance.
Initiate &Plan Stage Deliverables:
■ Project Management Plan
■ Initial Project Schedule
Initiate &Plan stage acceptance criteria:
■ All stage deliverables accepted based on acceptance criteria previously defined
■ Project governance defined
■ Project portal made available to the City
■ Stakeholder meeting complete
6.2 Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City business
processes.This information will be used to identify and define business processes utilized with Tyler software.
The City collaborates with Tyler providing complete and accurate information to Tyler staff, both by
volunteering such information and in response to requests made by Tyler, and assisting in analysis,
understanding current workflows and business processes. Tyler will in turn educate the City staff on options
available in the Tyler Software that may be used to meet the City requirements, and advise on best practices
and proper internal controls and workflow.The City shall be responsible for making configuration decisions
based on the options presented by Tyler in a timely manner in accordance with the agreed-upon project
schedule.
6.2.1 Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution
functionality prior to beginning the current and future state analysis.The primary goal is to establish a
foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation,focusing on City team knowledge transfer such as:
eLearning, documentation, or walkthroughs.The City team will gain a better understanding of the major
City of Aventura, FL
Tyler Technologies, Inc. Page 19
processes and focus on data flow,the connection between configuration options and outcome, integration,
and terminology that may be unique to Tyler's solution.
Objectives:
■ Provide a basic understanding of system functionality.
■ Prepare the City for current and future state analysis.
STAGE 2 Solution Orientation
Tyler City
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v
R= Responsible o
A=Accountable QJ ° J
C=Consulted �
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Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
622 Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process
changes that will be achieved with the new system.
The City and Tyler will evaluate current state processes, options within the new software, pros, and cons of
each based on current or desired state and make decisions about the future state configuration and
processing.This may occur before or within the same timeframe as the configuration work package.The
options within the new software will be limited to the scope of this implementation and will make use of
standard Tyler functionality.
The City will adopt the existing Tyler solution, using Tyler provided best practices, wherever possible to avoid
project schedule and quality risk from over customization of Tyler products. It is the City's responsibility to
verify that in-scope requirements are being met throughout the implementation if functional requirements
are defined as part of the contract.The following guidelines will be followed when evaluating if a modification
to the product is required:
■ A reasonable business process change is available.
■ Functionality exists which satisfies the requirement.
■ Configuration of the application satisfies the requirement.
■ An in-scope modification satisfies the requirement.
City of Aventura, FL
Tyler Technologies, Inc. Page 20go
Requirements that are not met will follow the agreed upon change control process and can have impacts on
the project schedule, scope, budget, and resource availability.
STAGE 2 Current& Future State Analysis
Tyler City
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Current State process A R I I I C C C C C
review
Discuss future-state
options
A R C C C C C C C C
Make future-state C C C C C A R I C C
decisions(non-COTS)
Document anticipated
configuration options A R C C C I I I I I
required to support
future state
Inputs City current state documentation
Solution Orientation completion
Outputs/ Acceptance Criteria [only]for Deliverable!
Deliverables
Documentation that describes future-state Delivery of document
decisions and configuration options to support
future-state decisions.
Work package assumptions:
■ City attendees possess sufficient knowledge and authority to make future state decisions.
■ The City is responsible for any documentation of current state business processes.
■ The City can effectively communicate current state processes.
6.2.3 Data Assessment
Given the completion of the Current & Future State Analysis,the Data Assessment will provide the
implementation team the design for data delivery prior to configuration.The data Assessment will also allow
the Tyler and the City teams to identify the data that will be configured within the Tyler System.The team will
develop and map out dataset structures to ensure that data is structured in a way that allows maximum
utility.
City of Aventura, FL
Tyler Technologies, Inc. Page 21
The teams will review any existing data publish and metadata standards for the City's current data program to
determine any necessary adjustments or configuration needs. Finally, the implementation team develops
data workflows to map data from the source system(s) into the Tyler system, discussing any additional data
requirements as needed.
Objectives:
■ Communicate a common understanding of the project goals with respect to data.
■ Ensure complete and accurate source data is available for review/transfer.
■ Map the data from the source to the Tyler system.
■ Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler City
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Extract Data from Source I C A R
Systems
Complete Data A R C C I C C I
Analysis/Mapping
Review and Scrub Source
Data I I I A R C I
Build/Update Data R C C C I I I I
Conversion Plan
Inputs City Source data
City Source data Documentation (if available)
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Data Conversion Plan built/updated (if City Acceptance of Data Conversion Plan, if
applicable} Applicable
City acceptance of Solution Design
Document
Work package assumptions:
■ Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.
■ Tyler will work with the City representatives to identify business rules before writing the conversion.
City of Aventura, FL
Tyler Technologies, Inc. Page 22
■ City subject matter experts and resources most familiar with the current data will be involved in the
data conversion planning effort.
6.2.4 Conversion Assessment
Data Conversions are a major effort in any software implementation.Tyler's conversion tools facilitate the
predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler
system.The first step in this process is to perform an assessment of the existing ("legacy") system(s), to
better understand the source data, risks, and options available. Once the data has been analyzed, the plan for
data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
■ Communicate a common understanding of the project goals with respect to data.
■ Ensure complete and accurate source data is available for review/transfer.
■ Map the data from the source to the Tyler system.
■ Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler City
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Extract Data from
Source Systems I C A R
Review and Scrub I I I A R C I
Source Data
Build/Update Data R C C C I I I I
Conversion Plan
Inputs City Source data
City Source data Documentation (if available)
Outputs/ Acceptance Criteria [only]for Deliveiv:_:_.,
Deliverables
Data Conversion Plan built/updated City Acceptance of Data Conversion Plan, if
Applicable
Work package assumptions:
■ Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.
City of Aventura, FL
Tyler Technologies, Inc. Page 23
■ Tyler will work with the City representatives to identify business rules before writing the conversion.
■ City subject matter experts and resources most familiar with the current data will be involved in the
data conversion planning effort.
6,2.5 This work package is not applicable.
6.2.6 This work package is not applicable.
6.2.7 Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler's receipt of the Stage Acceptance.
Assess&Define Stage Deliverables:
■ Documentation of future state decisions and configuration options to support future state decisions.
■ Modification specification document.
■ Assess & Define Stage Acceptance Criteria:
o All stage deliverables accepted based on criteria previously defined.
o Solution Orientation is delivered.
o Conversion data extracts are received by Tyler.
o Data conversion plan built.
6.3 Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages
will be used to install and configure the Tyler software solution. Software configuration will be validated by
the City against future state decisions defined in previous stages and processes refined as needed to ensure
business requirements are met.
6.3.1 Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success
and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler
Licensed Software on an approved network and infrastructure. Delays in executing this work package can
affect the project schedule.
Objectives:
■ All licensed software is installed and operational.
■ The City can access the software.
STAGE 3 "Initial System Deployment(Hosted/SaaS)
city
City of Aventura, FL
Tyler Technologies, Inc. Page 24
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Prepare hosted A R I C
environment
Install Licensed
Software for A R I C
Included
Environments
Install Licensed
Software on City I C A R
Devices(if
applicable)
Tyler System
Administration
Training(if
R I C
applicable)
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Licensed Software is Installed on the Server(s) Software is accessible
Licensed Software is Installed on City Devices Software is accessible
(if applicable)
Installation Checklist/System Document System meets prescribed checklist
Work package assumptions:
■ The most current available version of the Tyler Licensed Software will be installed.
■ The City will provide network access for Tyler modules, printers, and Internet access to all applicable
City and Tyler Project staff.
■ The City has technical infrastructure in place that meets Tyler requirements to ensure sufficient
speed and operability of Tyler Licensed Software.Tyler will not support the user of Licensed Software
if the City does not meet the minimum standards of Tyler's published specifications.
6.3.2 Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the City to complete software configuration based on the outputs of the future
state analysis performed during the Assess and Define Stage. The City collaborates with Tyler staff iteratively
to validate software configuration.
Objectives:
City of Aventura, FL
Tyler Technologies, Inc. Page 25
■ Software is ready for validation.
■ Educate the City Power User how to configure and maintain software.
■ Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler City
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Conduct configuration A R I C C
training
Complete Tyler
configuration tasks A R I I I
Complete City
configuration tasks I C A R C
(where applicable)
Standard interfaces
configuration and A R I C C C
training(if applicable)
Updates to Solution C A R C C
Validation testing plan
Inputs Documentation that describes future state decisions and configuration options to support future
state decisions.
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Configured System
Tyler Best Practice Recommendations
Work package assumptions:
■ Tyler provides guidance for configuration options available within the Tyler software. The City is
responsible for making decisions when multiple options are available.
6.3.3 Process Refinement
Tyler will educate the City users on how to execute processes in the system to prepare them for the
validation of the software.The City collaborates with Tyler staff iteratively to validate software configuration
options to support future state.
Objectives:
City of Aventura, FL
Tyler Technologies, Inc. Page 26
■ Ensure that the City understands future state processes and how to execute the processes in the
software.
■ Refine each process to meet the business requirements.
■ Validate standard interfaces,where applicable.
■ Validate forms and reports, where applicable.
STAGE 3 Process Refinement
city
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Conduct process A R I C I C
training
Confirm process I C A R C I C
decisions
Test configuration I C A R C
Refine
configuration (City I C A R C
Responsible)
Refine
configuration (Tyler A R I 1 I
Responsible)
Validate interface I A R C C
process and results
Update City-
specific process
A R C
documentation (if
applicable)
Updates to
Solution Validation A R C C
testing plan
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support
future state decisions.
Solution validation test plan
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Updated solution validation test plan
Completed City-specific process
documentation (completed by City in
collaboration with Tyler)
City of Aventura, FL
Tyler Technologies, Inc. Page 27
Work package assumptions:
■ None
63A Conversion Delivery
The purpose of this task is to transition the City's data from their source ("legacy") system(s) to the Tyler
system(s).The data will need to be mapped from the legacy system into the new Tyler system format. A well-
executed data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler and/or Koa Hills,the City will review specific data elements within the system and
identify/report discrepancies. Iteratively,Tyler and/or Koa Hills will collaborate with the City to address
conversion discrepancies. This process will allow for clean, reconciled data to transfer from the source
system(s)to the Tyler system(s). Reference Conversion Appendix Section 9 and Section 10.2 for additional
details regarding Koa Hills services.
.•. . I rrc7onversiilon ,
. .
forTesting
r
ValidateMap
Conversion
Conversion i gram I D. Completed .
AASTIPiRee
..
Correct
Errors
Objectives:
■ Data is ready for production (Conversion).
STAGE 3 Data Delivery&Conversion
Tyler City
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crosswalks/code A C R I I I
mapping tool
City of Aventura, FL
Tyler Technologies, Inc. Page 28
Populate data
crosswalks/code I C C A R C
mapping tool
Iterations:
Conversion A C R I I
Development
Iterations:
Deliver A R I I I
converted data
Iterations:
Proof/Review
data and C C C A R C C
reconcile to
source system
Inputs
Data Conversion Plan
Configuration
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Code Mapping Complete/Validated
Conversion Iterations/Reviews Complete Conversion complete,verified,and ready for
final pass
Work package assumptions:
■ The City will provide a single file layout per source system as identified in the investment summary.
■ The City subject matter experts and resources most familiar with the current data will be involved in
the data conversion effort.
■ The City project team will be responsible for completing the code mapping activity,with assistance
from Tyler.
6.3.5 This work package is not applicable.
6.3.6 This work package is not applicable.
6.3.7 Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler's receipt of the Stage
Acceptance.
Prepare Solution Stage Deliverables:
■ Licensed software is installed.
■ Installation checklist/system document.
■ Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
City of Aventura, FL
Tyler Technologies, Inc. Page 29
■ All stage deliverables accepted based on criteria previously defined.
■ Software is configured.
■ Solution validation test plan has been reviewed and updated if needed.
6.4 Production Readiness
Activities in the Production Readiness stage will prepare the City team for go-live through solution validation,
the development of a detailed go-live plan and end user training. A readiness assessment will be conducted
with the City to review the status of the project and the organizations readiness for go-live.
6A1 Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City verifies all aspects of the
Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all
features and functions per the contract have been deployed for system use.
Objectives:
■ Validate that the solution performs as indicated in the solution validation plan.
■ Ensure the City organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
yler City
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Update test
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testing
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issues from C C C A R C
testing
Perform
required
A R C C C C
follow-up on
issues
Regression F
A R R R
Testing
City of Aventura, FL
Tyler Technologies, Inc. Page 30
Inputs Solution Validation plan
Completed work product from prior stages(configuration, business process,etc.)
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Solution Validation Report City updates report with testing results
System Design Test Scripts
Work package assumptions:
■ Designated testing environment has been established.
■ Testing includes current phase activities or deliverables only.
6.4.2 Go-Live Readiness
Tyler and the City will ensure that all requirements defined in Project planning have been completed and the
Go-Live event can occur, as planned. A go-live readiness assessment will be completed identifying risks or
actions items to be addressed to ensure the City has considered its ability to successfully Go-Live. Issues and
concerns will be discussed, and mitigation options documented.Tyler and the City will jointly agree to move
forward with transition to production. Expectations for final preparation and critical dates for the weeks
leading into and during the Go-Live week will be planned in detail and communicated to Project teams.
Objectives:
■ Action plan for go-live established.
■ Assess go-live readiness.
■ Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler City
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Assessment
Conduct Go-Live planning A R C C C C C C C
session
Order peripheral I A R C
hardware (if applicable)
Confirm procedures for
Go-Live issue reporting& A R I I I I C C I I I I I
resolution
Develop Go-Live checklist A R C C C C I C C
City of Aventura, FL
Tyler Technologies, Inc. Page 31
Final system
infrastructure review A R C C
(where applicable) 6-
1
Inputs Future state decisions
Go-live checklist
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Updated go-live checklist Updated Action plan and Checklist forgo-live
delivered to and approved by the City
Work package assumptions:
■ None
6.4.3 End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously
reviewed and approved,the Project team will organize and initiate the training activities.
Train the Trainer:Tyler provides one occurrence of each scheduled training or implementation topic. City
users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be
contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler's
responsibility to develop City specific business process documentation. City-led training labs using City
specific business process documentation if created by the City can be added to the regular training
curriculum, enhancing the training experiences of the end users.
Objectives:
■ End users are trained on how to use the software prior to go-live.
■ The City is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler ulty
RACI MATRIX KEY: L
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led)
City of Aventura, FL
Tyler Technologies, Inc. Page 32
Train-the-trainer A R C C C I C
End User training(City- C C A R I C C C
led)
Inputs Training Plan
List of End Users and their Roles/Job Duties
Configured Tyler System
Outputs/ Acceptance Criteria [only]for Deliverable®
Deliverables
End User Training City signoff that training was delivered
City End User Guides
City Process Manuals
Work package assumptions:
■ The City project team will work with Tyler to jointly develop a training curriculum that identifies the
size, makeup, and subject-area of each of the training classes.
■ Tyler will work with the City as much as possible to provide end-user training in a manner that
minimizes the impact to the daily operations of City departments.
■ The City will be responsible for training new users after go-live (exception—previously planned or
regular training offerings by Tyler).
6.4.4 Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is
dependent upon Tyler's receipt of the stage acceptance.
Production Readiness stage deliverables:
■ Solution Validation Report.
■ Update go-live action plan and/or checklist.
■ End user training.
Production Readiness stage acceptance criteria:
■ All stage deliverables accepted based on criteria previously defined.
■ Go-Live planning session conducted.
6.5 Production
Following end user training the production system will be fully enabled and made ready for daily operational
use as of the scheduled date.Tyler and the City will follow the comprehensive action plan laid out during Go-
Live Readiness to support go-live activities and minimize risk to the Project during go-live. Following go-live,
Tyler will work with the City to verify that implementation work is concluded, post go-live activities are
scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the
Tyler software.
City of Aventura, FL
Tyler Technologies, Inc. Page 33
6.5.1 Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the City and Tyler will
complete work assigned to prepare for Go-Live.
The City and/or Koa Hills provides final data extract and Reports from the Legacy System for data conversion
and Tyler executes final conversion iteration, if applicable. If defined in the action plan,the City manually
enters any data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with the City during Go-Live activities.The City transitions to Tyler software for day-to
day business processing.
Some training topics are better addressed following Go-Live when additional data is available in the system or
based on timing of applicable business processes and will be scheduled following Go-Live per the Project
Schedule.
Objectives:
■ Execute day to day processing in Tyler software.
■ City data available in Production environment.
STAGE 5 Go-Live
y er City
RACI MATRIX KEY: L
v
R= Responsible ) o
A=Accountable QJ ° J
V)
C=Consulted L
c v
L v
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Provide final source data C C A R
extract
Final source data pushed
into production A C R I C C C
environment, if
applicable
Proof final converted C C C A R C
data, if applicable
Complete Go-Live
activities as defined in C C C A R C I C
the Go-Live action plan
Provide Go-Live R C—T C C I C I C
assistance k I
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
City of Aventura, FL
Tyler Technologies, Inc. Page 34
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Data is available in production environment City confirms data is available in production
environment
Work package assumptions:
■ The City, Koa Hills and Tyler will each (where applicable) complete activities documented in the action
plan for Go-Live as scheduled.
■ External stakeholders will be available to assist in supporting the interfaces associated with the Go-
Live live process.
■ The City business processes required for Go-Live are fully documented and tested.
■ The City Project team and subject matter experts are the primary point of contact for the end users
when reporting issues during Go-Live.
■ The City Project Team and Power User's provide business process context to the end users during Go-
Live.
5.5.2 Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the
exception of agreed-upon post Go-Live activities. The Tyler project manager(s) coordinates with the City staff
and schedules a formal transition of the City onto the Tyler Client Services team,who provides the City with
assistance following Go-Live, officially transitioning the City to operations and maintenance.
Objectives:
■ Ensure no critical issues remain for the project teams to resolve.
■ Confirm proper knowledge transfer to the City teams for key processes and subject areas.
STAGE 5 Transition to Client Services
city
RACI MATRIX KEY: L
QJ
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A=Accountable QJ ° J
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7
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Services and review I I A I I R I I C C C
issue reporting and
resolution processes
Review long term
maintenance and
continuous
A R C C C
improvement
City of Aventura, FL
Tyler Technologies, Inc. Page 35go
Inputs Open item/issues List
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Client Services Support Document
Work package assumptions:
■ No material project issues remain without assignment and plan.
6.5.3 Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes,the
requirement of actual production data to complete the activities, or the requirement of the system being
used in a live production state.
Objectives:
■ Schedule activities that are planned for after Go-Live.
■ Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler City
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QJ
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A=Accountable QJ ° J
C=Consulted
I = Informed v ``� ° U � v v Q- Ln
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Schedule contracted
activities that are
planned for delivery A R C C C C I C C I C C
after go-live
Determine resolution
plan in preparation for A R C C C I C C I C
phase or project close
out
Inputs List of post Go-Live activities
Outputs/ Acceptance Criteria [only]for
Deliverables Deliverables
Updated issues log
Work package assumptions:
City of Aventura, FL
Tyler Technologies, Inc. Page 36go
■ System is being used in a live production state.
6.5.4 Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
■ Advancement to the Close stage is dependent upon Tyler's receipt of this Stage Acceptance.
■ Converted data is available in production environment.
Production Stage Acceptance Criteria:
■ All stage deliverables accepted based on criteria previously defined.
■ Go-Live activities defined in the Go-Live action plan completed.
■ The Tyler Software is being used in a production environment as the primary software application to
support the needed functional areas.
■ Post-live services, if applicable, have been scheduled.
■ Client services support document is provided.
6.6 Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or
Project.The City transitions to the next cycle of their relationship with Tyler(next Phase of implementation or
long-term relationship with Tyler Client Services).
6.6.1 Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for
the Phase.The Tyler Client Services team will assume ongoing support of the City for systems implemented in
the Phase.
Objectives:
■ Agreement from Tyler and the City teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler
RACI MATRIX KEY: L
v
R= Responsible o
A=Accountable QJ ° J
C=Consulted V
C QJ QJ
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Reconcile project budget
and status of contract I A R I I C
Deliverables
City of Aventura, FL
Tyler Technologies, Inc. Page 37
Hold post phase review A R C C C C C C C C C
meeting
Release phase-
dependent Tyler project A R I I
resources
Participants Tyler City
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users,
Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Final action plan (for outstanding items) City acceptance of completed action plan
detailing any outstanding items or post-live
services
Reconciliation Report City acceptance of completed reconciliation
report detailing that all project Deliverables,
Control Points, and Milestones have been
completed and approved,and full budget
reconciliation documented by Tyler
Post Phase Review Post Phase Review meeting facilitated by Tyler
with City attendance
Work package assumptions:
■ Tyler deliverables for the phase have been completed.
6.6.2 Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City may choose to begin working with Client Services to look at continuous improvement
Projects, building on the completed solution.
Objectives:
■ Confirm no critical issues remain for the project teams to resolve.
■ Determine proper knowledge transfer to the City teams for key processes and subject areas has
occurred.
■ Verify all deliverables included in the Agreement are delivered.
City of Aventura, FL
Tyler Technologies, Inc. Page 38go
STAGE 6 Project Close Out
Tyler City
RACI MATRIX KEY:
v
R= Responsible o
A=Accountable QJ ° J
C=Consulted �
c v c v
I = Informed o U v v a
ULO i U i N O _ i �n w m
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w E d 0 O U w v�i d LL U n 0 w
Conduct post project A R C C C C C C C C C
review
Deliver post project
report to City and Tyler I A R I I C
leadership
Release Tyler project A R I I
resources
Inputs Contract
Statement of Work
Outputs/ Acceptance Criteria [only]for Deliverables
Deliverables
Post Project Report City acceptance: Completed report indicating
all project Deliverables and milestones have
been completed
Work package assumptions:
■ All project implementation activities have been completed and approved.
■ No critical project issues remain that have not been documented and assigned.
■ Final project budget has been reconciled and invoiced.
■ All Tyler deliverables have been completed.
6.6.3 Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
■ Post Project Report.
Close Stage Acceptance Criteria:
■ Completed report indicating all Project deliverables and milestones have been completed.
City of Aventura, FL
Tyler Technologies, Inc. Page 39
7. General Assumptions
Tyler and the City will use this SOW as a guide for managing the implementation of the Tyler Project as
provided and described in the Agreement.There are a few assumptions which, when acknowledged and
adhered to,will support a successful implementation. Assumptions related to specific work packages are
documented throughout the SOW. Included here are general assumptions which should be considered
throughout the overall implementation process.
7.1 Project
■ Project activities will begin after the Agreement has been fully executed.
■ Each Project Team will complete their necessary assignments in a mutually agreed upon commercially
reasonable timeframe to meet the scheduled go-live date, as outlined in the Project Schedule.
■ Sessions will be scheduled and conducted at a mutually agreeable time.
■ Additional services, software modules and modifications not described in the SOW or Agreement will
be considered a change to this Project and will require a Change Request Form as previously
referenced in the definition of the Change Control Process.
■ Tyler will provide a written agenda and notice of any prerequisites to the City project manager(s)ten
(10) business days or as otherwise mutually agreed upon time frame prior to any scheduled on-site or
remote sessions, as applicable.
■ Tyler Implementation Consultants will distribute notes within 5 days of the end of scheduled
meetings or sessions, unless otherwise agreed upon by the Project Managers. Notes must include all
action items discussed, responsible organization and person, and a target date for completion of each
action item.
■ Tyler will provide guidance for configuration and processing options available within the Tyler
software. If multiple options are presented by Tyler, the City is responsible for making decisions
based on the options available and as presented by Tyler resources.
■ Implementation of new software may require changes to existing processes, both business and
technical, requiring the City to make reasonable process changes.
■ The City is responsible for defining, documenting, and implementing their policies that result from
any business process changes.
7.2 Organizational Change Management
Unless otherwise contracted by Tyler, City is responsible for managing Organizational Change. Impacted City
resources will need consistent coaching and reassurance from their leadership team to embrace and accept
the changes being imposed by the move to new software. An important part of change is working to ensure
that impacted City resources understand the value of the change, and why they are being asked to change.
7.3 Resources and Scheduling
■ City resources will participate in scheduled activities as assigned in the Project Schedule.
■ The City team will complete prerequisites prior to applicable scheduled activities. Failure to do so
may affect the schedule.
■ Tyler and the City will provide resources to support the efforts to complete the Project as scheduled
and within the constraints of the Project budget.
■ Abbreviated timelines and overlapped Phases require sufficient resources to complete all required
work as scheduled.
City of Aventuro, FL
Tyler Technologies, Inc. Page 40
■ Changes to the Project Schedule, availability of resources or changes in Scope will be requested
through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be
assessed and documented as part of the change control process.
■ The City will work to ensure assigned resources will follow the change control process.
■ The City will endeavor to align resources that possess the required business knowledge to complete
their assigned tasks successfully. Should there be a change in resources,the replacement resource
should have a comparable level of availability, change control process buy-in, and knowledge.
■ The City makes timely Project related decisions in alignment with the agreed-upon project schedule
in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Tyler
resources will timely perform and act on any required follow-up items stemming from meetings or
sessions in order to facilitate the City resources being able to meet their assigned due dates. Failure
to do so may affect the schedule, as each analysis and implementation session is dependent on the
decisions made in prior sessions.
■ Each party will respond to information requests in a comprehensive and timely manner, in
accordance with the Project Schedule.
■ The City will provide adequate meeting space or facilities, including appropriate system connectivity,
to the project teams including Tyler team members.
■ For on-site visits,Tyler will identify a travel schedule that balances the needs of the project and the
employee.
7.4 Data
■ Data will be converted as provided and Tyler will not create data that does not exist.
■ The City is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy
data.
■ Tyler will work closely with the City representatives and/or Koa Hills to identify business rules before
writing the conversion.The City must confirm that all known data mapping from source to target
have been identified and documented before Tyler writes the conversion.
■ All in-scope source data is in data extract(s).
■ Each legacy system data file submitted for conversion includes all associated records in a single
approved file layout.
■ Koa Hllls will provide the legacy system data extract in the same format for each iteration unless
changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and
resource availability may occur and/or data in the new system may be incorrect.
■ The City Project Team is responsible for reviewing the converted data and reporting issues during
each iteration,with assistance from Tyler.
■ The City is responsible for providing or entering test data (e.g., data for training,testing interfaces,
etc.)
7.5 Facilities
■ The City will provide dedicated space for Tyler staff to work with City resources for both on-site and
remote sessions. If Phases overlap, City will provide multiple training facilities to allow for
independent sessions scheduling without conflict.
■ The City will provide staff with a location to practice what they have learned without distraction.
City of Aventura, FL
Tyler Technologies, Inc. Page 41go
S. Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and
conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is
completed;the one who ensures the prerequisites of the task are
met and who delegates the work to those responsible. [Also see
RACI]
Application A computer program designed to perform a group of coordinated
AM functions,tasks,or activities for the benefit of the user.
Application Programming Interface(API) A defined set of tools/methods to pass data to and received data
from Tyler software products
Agreement This executed legal contract that defines the products and
services to be implemented or performed.
Business Process The practices, policy, procedure,guidelines,or functionality that
the client uses to complete a specific job function.
Business uirements Document A specification document used to describe Client requirements
for contracted software modifications.
Change Request A form used as part of the Change Control process whereby
changes in the scope of work,timeline, resources, and/or budget
are documented and agreed upon by participating parties.
Change Management Guides how we prepare,equip and support individuals to
R6 successfully adopt change in order to drive organizational success
&outcomes
Code Mapping[where applicable] An activity that occurs during the data conversion process
whereby users equate data (field level)values from the old
system to the values available in the new system.These may be
one to one or many to one. Example: Old System [Field =eye
color] [values=BL, Blu, Blue] maps to New Tyler System [Field=
Eye Color] [value= Blue].
Consulted Those whose opinions are sought,typically subject matter
experts,and with whom there is two-way communication. [Also
see RACI]
Control Point This activity occurs at the end of each stage and serves as a
formal and intentional opportunity to review stage deliverables
and required acceptance criteria for the stage have been met.
Data Mapping[where applicable] The activity determining and documenting where data from the
legacy system will be placed in the new system;this typically
involves prior data analysis to understand how the data is
currently used in the legacy system and how it will be used in the
new system.
Deliverable A verifiable document or service produced as part of the Project,
as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to
conduct daily operations in Production.
Informed Those who are kept up to date on progress,often only on
completion of the task or deliverable,and with whom there is
just one-way communication. [Also see RACI]
City of Aventura, FL
Tyler Technologies, Inc. Page 42
Infrastructure The composite hardware, network resources and services
required for the existence,operation,and management of the
Tyler software.
Interface A connection to and potential exchange of data with an external
system or application. Interfaces may be one way,with data
leaving the Tyler system to another system or data entering Tyler
from another system,or they may be bi-directional with data
both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler
system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler's existing software to provide
features or functions to meet individual client requirements
documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client's
physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes,
procedures,technologies,and culture, as well as the effect of
such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer
in some way.Some examples: scanner,digital camera, printer.
Phase A portion of the Project in which specific set of related
applications are typically implemented. Phases each have an
independent start,Go-Live and closure dates but use the same
Implementation Plans as other Phases of the Project. Phases may
overlap or be sequential and may have different Tyler resources
assigned.
Project The delivery of the software and services per the agreement and
the Statement of Work.A Project may be broken down into
multiple Phases.
RACI A matrix describing the level of participation by various roles in
completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the
following roles for a given task: Responsible (R),Accountable (A),
Consulted (C),or Informed (1).
Remote Indicates the work location is at one or more of Tyler's physical
offices or work environments.
Responsible Those who ensure a task is completed,either by themselves or
delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement.
City of Aventura, FL
Tyler Technologies, Inc. Page /43
Solution The implementation of the contracted software product(s)
resulting in the connected system allowing users to meet Project
goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for
individual Phases of the Project.
Standard Software functionality that is included in the base software (off-
the-shelf) package; is not customized or modified.
Statement of Work(SOW) Document which will provide supporting detail to the Agreement
defining Project-specific activities,services,and Deliverables.
System The collective group of software and hardware that is used by the
organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate or
confirm a piece of functionality,configuration,enhancement,or
Use Case Scenario.
Training Plan Document(s)that indicate how and when users of the system will
be trained relevant to their role in the implementation or use of
the system.
Validation(or to validate) The process of testing and approving that a specific Deliverable,
process, program, or product is working as expected.
Work Breakdown Structure(WBS) A hierarchical representation of a Project or Phase broken down
into smaller, more manageable components.
Work Package A group of related tasks within a project.
City of Aventura, FL
Tyler Technologies, Inc. Page 44go
Part 4 : Appendices
9.1.1 Accounting
9,1.1,1 Accounting-Actuals
■ Summary account balances
■ Up to 3 years
9.1.2 Accounting - Budgets
■ Original budget, budget adjustments, revised budget summaries for accounts
■ Up to 3 years
9.1.3 Accounts Payable
■ Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers
■ Multiple remittance addresses
■ Year-to-date 1099 amounts
9.1.4 Accounts Payable - Checks
■ Check header data including vendor,warrant, check number, check date, overall check amount, GL
cash account and clearing information
■ Check detail data including related document and invoice numbers for each check
■ Up to 5 years
9.1.5 Accounts Payable - Invoices
■ Invoice header data containing general information for the invoice
■ Invoice detail data containing line-specific information for the invoice
■ Up to 5 years
9.1.6 Capital Assets Master
■ Asset description, status, acquisition quantity, date and amount, codes for asset class, subclass,
department, custodian,flags for capitalization and depreciation, estimated life, serial number, model,
model year, depreciation method, life-to-date depreciation amount, last depreciation date, disposal
information (if any), purchase information, if any(vendor, PO, Invoice)
9.1.7 Contracts
■ Contract header detail with many fields available to convert including fiscal year and period,vendor
number, department code, description, enforcement method code, dates for award, approval, entry
and expiration, retention information, user-defined type and review codes, status code, user id for
entry and approver. Additional fields are also available. A balance forward contract amount is
City of Aventura, FL
Tyler Technologies, Inc. Page 45go
converted, if original amount is required there will be an additional charge and contracts, po's and
invoices must be converted together.
9.1.8 Project Accounting
■ Segments, account strings and fund string allocation table
■ Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data
to be converted
9.1.9 Purchase Orders
■ Open purchase orders header data including vendor, buyer, date, accounting information, etc.
■ Open purchase orders detail data including line-item descriptions, quantities, amounts, etc.
■ Closed purchase orders header data including vendor, buyer, date, accounting information, etc.
■ Closed purchase orders detail data including line-item descriptions, quantities, amounts, etc.
9.1.10Human Resources Management
■ Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of
birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e-
address, marital status,gender, race, personnel status (such as full-time, part-time, etc.), highest
degree, advice-delivery(print/email/both) and check location, plus primary group,job, location, and
account information
9.1.11 Payroll —Accrual Balances
■ Employee Accrual Balances including Vacation, Holiday, and other Leave balances
■ Start of year balance, earned to date, used to date
9.1.12 Payroll —Accumulators
■ YTD, QTD, MTD amounts for employee pay and deductions
■ Needed for mid-calendar-year go-live
■ May not be needed if converting earnings/deductions history
■ Up to 5 years
9.1.13 Payroll - Deductions
■ Employee Deductions- including employee ID, deduction codes, tax information, and direct deposit
information
9.1.14Payroll — Check History
■ Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in
employee check history, check number and date.
9.1.15Payroll — Earning/Deduction Hist.
■ Up to 5 years, additional years must be quoted. Earning and deduction history broken down my
individual codes (earnings and deduction) and amounts per pay period,the detail of these lines, sums
the check history in opt 4.
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9.1.16Payroll —State Retirement Tables
■ Specific state-required data, plus related service years information, when appropriate
■ Needed for some states
City of Aventura, FL
Tyler Technologies, Inc. Page 47
10, Additional Appendices
10.1 Tyler and Client Work Split Assumptions
10-1.1Increased Work Split Hours
Additional hours were purchased in this contract to increase the work split from the standard 30%Tyler work
effort to a 40%Tyler work effort. Clients have different needs and there are different ways the allocation of
these hours can benefit the project. We will work with the client project manager during the planning
sessions and project plan development to determine the best use of these hours. Common areas additional
hours are used are:
o Configuration
o Setting and Code configuration
o Security and Workflow Building
o Data Conversion
o Conversion Mapping
o Conversion Proofing
o Conversion Testing
o Imports in lieu of conversion
o Formatting files
o Building custom templates
o Testing imports/Data validation
o Training/Documentation
o Additional repeat process training
o Post Live Assistance
o Bank Reconciliation assistance for additional months
o Month-end assistance for additional months
o Year-end assistance for multiple years
o W-2/1099 processing for multiple years
o Job aides/quick reference guides
o End user training documentation
o Testing
o Additional parallel processing
o Test script building
o Integration Testing
o Import/Export template building
o Import testing
o Process validation/documentation
All clients have unique needs on a project. By defining the use of these hours during project planning, we
have the flexibility to determine the greatest needs of your organization and plan accordingly. At any point in
the project,we can revisit the use of these hours and adjust content as needed to support the success of the
project.
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10.2 KOA Hills Conversion Services
10.2.1Tyler EERP Finance Data Conversion Assistance
Scope of Work
Introduction
Data conversion is an important activity to improve data storage and retrieval processes, ensuring that data
is converted with minimal effort, in a well-planned and organized manner. It is beneficial to use proven
solutions and methods, so that users will be able to make an informed decision on the solution to be
implemented for data conversion.
This effort will utilize a defined process to convert data from a legacy system format through flat file extracts
to Tyler Technologies' system. Business rule logic will be applied to legacy flat file data as necessary for data
conversion.
Modules Included
1. Accounting
a. AC—Actuals up to 3 years
b. AC- Budgets up to 3 years
2. Accounts Payable
a. AP Standard Master
b. AP Checks - up to 5 years
C. AP Invoices - up to 5 years
3. Capital Assets
a. CA Standard Master
b. CA History
4. Contracts
a. Contract header detail with many fields available to convert including fiscal year and period,
vendor number, department code, description, enforcement method code, dates for award,
approval, entry and expiration, retention information, user-defined type and review codes,
status code, user id for entry and approver. Additional fields are also available. A balance
forward contract amount is converted, if original amount is required there will be an
additional charge and contracts, po's and invoices must be converted together.
5. Project &Grant Accounting
a. PG —Actuals up to 3 years
b. PG —Budgets up to 3 years
6. Purchasing-Standard
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Project Scope
Koa Hills will work in conjunction with Tyler Technologies and the Customer to determine the data
conversion plan for the above modules.The plan will outline the conversion of legacy data by extracting the
data from the legacy system into the standardized Munis format along with a plan to load data into the
Munis system, in a repeatable and verifiable manner using our established data conversion methodology.
The Customer will choose the data window timeframe to convert into the Tyler systems. Converting current
data rather than all historical data is recommended, due to potential data format modifications in the legacy
system. The timeframe for the data to be converted into the Tyler systems should match the timeframe
from the Tyler contract.
Koa Hills will lead the data mapping and will apply business rules to filter or modify data, as necessary. This
process will proceed in an iterative manner, so that when new data is created in the legacy system it will
flow easily during the conversion process.
Koa Hills will assist the Customer with data validation between systems, as needed once the data has been
loaded into Tyler systems.
Conversion Plan
Koa Hills will:
1. Clearly define the scope of the conversion
2. Actively refine the scope through targeted profiling and auditing
3. Minimize the amount of data to be converted
4. Meet with the Customer to understand any data issues which may need special mapping
5. Map legacy data into new Tyler formats,as needed
6. Provide data clean-up services, as needed
7. Define a realistic timeline,based on knowledge of data issues
8. Secure sign-off on each stage from a senior business representative
9. Prioritize modules for conversion with a top-down,target-driven approach
10. Aim to volume-test all data in the scope as early as possible at the unit level
11. Allow time for volume testing and issue resolution
12. Segment the project into manageable,incremental chunks
13. Keep a total focus on the business objectives and cost/benefits throughout
Once a go-live date has been chosen,the data conversion will be broken up into prioritized work groups to
facilitate manageable segments of the project. A data conversion tracking document will be crated and
shared,to facilitate the data conversion team's ability to achieve a successful go-live date.
The Tyler Technologies conversion team will upload the data provided and return modification requests to
be applied during the following data load. The expectation is that the converted data per module will
improve between iterations, so that 100%of the legacy data will be present in Tyler systems for validation.
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As with all data conversions, the integration between the data owners and the technology team is critical for
a successful project. Koa Hills will keep the lines of communication open and transparent throughout the
process.
Roles and Responsibilities
Conversion task Responsible Party
Data Conversion planning Koa Hills,Tyler, Customer
Provide necessary crosswalks Customer
Data mapping Koa Hills, Customer
Extract legacy data Koa Hills, Customer
Run proofing reports in legacy system Customer
Ensure data is in Tyler format Koa Hills
Clean up data formatting Koa Hills
Submit legacy data to Tyler Koa Hills
Convert legacy data and deliver to client Tyler, Koa Hills (for data imports)
Load Conversion data and review in Tyler system
Customer, Koa Hills as needed
(test)
Refine legacy data and submit to Tyler (final) Koa Hills
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Convert legacy data and deliver to client (final) Tyler, Koa Hills (for data imports)
Load Conversion data and review in Tyler system
Customer, Koa Hills as needed
(final)
Final approval of converted data Customer
Load data (final) Customer, Koa Hills as needed
Assumptions
• Legacy system data will be converted from a single source. If there are multiple legacy systems,
then additional professional services may be required.
• Koa Hills will have full access to the legacy system data
• Koa Hills will have full access to the legacy system user interface
• Koa Hills will have full access to Munis
• The Customer will provide legacy system database documentation (ex. Data dictionary, schemas,
etc.). If no documentation is available, then additional professional services may be required.
• All work will be performed remotely. Travel costs are not included and will be billed as incurred if
travel is required.
Notes
The fees for the conversion assistance tasks outlined in this SOW are in addition to the conversion fees
contracted for with Tyler. If the Customer would like to change the conversion scope from the original
agreement, please contact your Tyler sales representative.
10.2.2Tyler EERP HRM Data Conversion Assistance
Scope of Work
Introduction
Data conversion is an important activity to improve data storage and retrieval processes, ensuring that data
is converted with minimal effort, in a well-planned and organized manner. It is beneficial to use proven
solutions and methods, so that users will be able to make an informed decision on the solution to be
implemented for data conversion.
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This effort will utilize a defined process to convert data from a legacy system format through flat file extracts
to Tyler Technologies' system. Business rule logic will be applied to legacy flat file data as necessary for data
conversion.
Modules Included
1. Human Resources
a. Certifications
b. Education
C. PM Action History up to 5 years
d. Position Control
e. Recruiting
2. Payroll
a. Accrual Balances
b. Accumulators up to 5 years
C. Check History up to 5 years
d. Job-Salary
e. Deductions
f. Earnings/Deduction History up to 5 years
g. Standard
In. State Retirement Tables
Project Scope
Koa Hills will work in conjunction with Tyler Technologies and the Customer to determine the data
conversion plan,to convert the data for the above modules. The plan will outline the conversion of legacy
data by extracting the data from the legacy system into the standardized Munis format along with a plan to
load data into the Munis system, in a repeatable and verifiable manner using our established data
conversion methodology.
The Customer will choose the data window timeframe to migrate into the Tyler systems. Converting current
data, rather than all historical data is recommended, due to potential data format modifications in the
legacy system. The timeframe for the data to be converted into the Tyler systems should match the
timeframe from the Tyler contract.
Koa Hills will lead the data mapping and will apply business rules to filter or modify data, as necessary. This
process will proceed in an iterative manner, so that when new data is created in the legacy system it will
flow easily during the conversion process.
Koa Hills will assist the Customer with data validation between systems, as needed once the data has been
loaded into Tyler systems.
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Project Plan
Koa Hills will:
1. Clearly define the scope of the project
2. Actively refine the scope through targeted profiling and auditing
3. Minimize the amount of data to be converted
4. Meet with the Customer to understand any data issues which may need special mapping
5. Map legacy data into new Tyler formats, as needed
6. Provide data clean-up services, as needed
7. Define a realistic timeline,based on knowledge of data issues
8. Secure sign-off on each stage from a senior business representative
9. Prioritize modules for conversion with a top-down,target-driven approach
10. Aim to volume-test all data in the scope as early as possible at the unit level
11. Allow time for volume testing and issue resolution
12. Segment the project into manageable, incremental chunks
13. Keep a total focus on the business objectives and cost/benefits throughout
Once a go-live date has been chosen, the data conversion will be broken up into prioritized work groups to
facilitate manageable segments of the project. A data conversion calendar will be created and shared,to
facilitate the data conversion team's ability to achieve a successful go-live date.
The Tyler Technologies conversion team will upload the data provided and return modification requests to
be applied during the following data load. The expectation is that the converted data per module will
improve between iterations, so that 100%of the legacy data will be present in Tyler systems for validation.
As with all data conversions, the integration between the data owners and the technology team is critical for
a successful project. Koa Hills will keep the lines of communication open and transparent throughout the
process.
Roles and Responsibilities
Conversion task Responsible Party
Data conversion planning Koa Hills, Customer
Provide necessary crosswalks Customer
Data mapping Koa Hills, Customer
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Extract legacy data Koa Hills, Customer
Run proofing reports in legacy system Customer
Ensure data is in Tyler format Koa Hills
Clean up data formatting Koa Hills
Submit legacy data to Tyler Koa Hills
Convert legacy data and deliver to client Tyler, Koa Hills (for data imports)
Load conversion data and review in Tyler system
Customer, Koa Hills as needed
(test)
Refine legacy data and submit to Tyler (final) Koa Hills as needed
Convert legacy data and deliver to client (final) Tyler, Koa Hills (for data imports)
Load conversion data and review in Tyler system
Customer, Koa Hills as needed
(final)
Final approval of converted data Customer
Load data (final) Customer, Koa Hills as needed
Assumptions
• Legacy system data will be converted from a single source. If there are multiple legacy systems,
then additional professional services may be required.
• Koa Hills will have full access to the legacy system data
• Koa Hills will have full access to the legacy system user interface
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• Koa Hills will have full access to Munis
• The Customer will provide legacy system database documentation (ex. Data dictionary, schemas,
etc.). If no documentation is available, then additional professional services may be required.
• All work will be performed remotely. Travel costs are not included and will be billed as incurred if
travel is required.
Notes
The fees for the conversion assistance tasks outlined in this SOW are in addition to the conversion fees
contracted for with Tyler. If the Customer would like to change the conversion scope from the original
agreement, please contact your Tyler sales representative.
10.3 Interfaces
Tyler solutions offer a variety of methods of interfacing with external third-party systems, including file-based
import and exports and real-time web service integration through plug-and-play App Connectors, and API
Toolkits and Connectors.
Tyler Integrated Solutions
Tyler's family of ERP and Civic solutions provide robust, native integration, eliminating the need to manage
third-party interfaces and integrations entirely. This includes Enterprise Permitting&Licensing, Enterprise
ERP, Enterprise Asset Management,Cashiering and Payments for point-of-sale and online payment
processing,Content Manager's streamlined access to records and documents, and Enterprise Service Request
Access to manage non-emergency inquiries, incident reporting, complaints, and service requests.
File-based integration
Multiple file-based interfaces are included, and all are integrated as part of the application, designed for end
users. Unlike systems that require a database administrator to import or export data with their system, users
can easily import or export data through point-and-click user interface. User-defined templates specify the
data layout for a specific system, so users can quickly choose the appropriate template at the time of
import/export. Templates for commonly used third-party systems are also included out of the box. File-based
interfaces can be scheduled for one-time or recurring, automated processing.
Imports can be configured with Workflow to send automated notifications or approval requests before the
data updates a record. Workflow business rules can be set on a variety of data conditions specific to the
imported data.This includes if data causes an account to go over budget, is over a certain dollar amount, or is
related to a specific segment of your general ledger. Only after all workflow rules have been approved does
the import update production data. Depending on the process, imports can also be rejected at the item or file
level; rejected imports can be resubmitted at any time.
Productivity Software Support
Application data can be downloaded to a variety of formats including PDF,XLS, DOC,XML, and CSV. Any
productivity suite capable of opening these file types can be used, such as Microsoft Office and Google
Workspace. Data can also be uploaded to the system in these formats through the integrated import
applications.
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Most output include hyperlinks to the corresponding application record for easy access. Most output can also
be automatically archived to Content Manager for quick retrieval at any time. Some applications also include
mail merge support, allowing users to easily create and maintain form templates for completely customized
presentation of application data. Any SMTP/I MAP server can be used to send email notifications, such as
Microsoft Exchange and Gmail.
'Plug-and-Play'Application Support
Plug-and-play application support provides out-of-the-box integrations for a variety of third-party applications
through pre-packaged web services. Tyler develops and maintains these integrations, requiring no
development expertise from the client to configure.
API Catalog
API (Application Programming Interface) Toolkits and API Connectors add value to your organization by
enabling you to create your own integrations to share data between Tyler and non-Tyler applications.
API Toolkits contain all exposed resources (or endpoints) available in a specific Tyler application module such
as Enterprise ERP General Ledger, Accounts Receivable, or Enterprise Asset Management. API Connectors
contain a subset or cross-section of API Toolkit resources with the purpose of facilitating a specific type of
integration such as third-party cashiering, IVR, or applicant tracking systems.
The API Developer Portal is a powerful RESTful API gateway that makes accessing Tyler application data and
processes through Toolkits and Connectors easy and intuitive. The Portal conforms to OpenAPI 3.0 and is
secured with OAuth 2.0 through Tyler Identity. API resources include example calls and produce properly
formatted commands, allowing you to easily exercise them against your data.
The API Developer Portal features include:
• Simplified, structured API documentation
• Industry standard OpenAPI 3.0 interface
• Authentication using OAuth 2.0 standard, offering multiple login flows to suit different app
implementation scenarios.
• Data models and examples for each resource
• Produces HTTP URI and CURL commands to exercise resources from within the documentation and
return data
• Real-time validation
• Standard HTTP status codes
• Documentation to aid in identifying and understanding normal resources used to complete a given
integration.
Third Party Interface/Application Support
Tyler provides front-line support for select interfaces to third-party products. It is typically the customers
responsibility to facilitate communication between Tyler and the third-party vendor. Interface support
depends on the customer maintaining an active support agreement with the identified third-party system as
well as a current version actively supported by the manufacturer/developer of the product installed.
Interface Testing
Interface validation with third-party solutions is the responsibility of the client and their respective third-party
system, unless contracted with Tyler otherwise. Dedicated testing environments and API developer portal
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built on swagger UI is included with Tyler application APIs.Testing API's will allow for standard HTTP return
status codes. Tyler solutions rely on application-based audits and logs for any database transactional hits.
Tyler is a partner and reseller of SnapLogic, one of the industry leading Integration Platform-as-a-Service
(iPaaS). SnapLogic includes a library of out-of-the-box integrations with popular third-party solutions,
including Tyler APIs. SnapLogic provides several additional tools and utilities for all phases of interface
development,testing, and management.
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Tyler Technologies, Inc. Page 58
11. Project Timeline
11.1 ERP Project Timeline
The Project Timeline establishes a target start and end date for each Phase of the Project. The timeline needs
to account for resource availability, business goals, size and complexity of the Project, and task duration
requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to
the Project Stages section of this SOW for information on work packages associated with each stage of the
implementation.
The following dates may be revised based on the date the Agreement is signed and further refined during the
course of the project. Tyler requires up to forty-five (45) days to move from Agreement signing to the Initiate
& Plan Stage.
PROJECT TIMELINE
2024 2025 2026
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nor Dec Jan Feb Mar Apr May Jun Jul
Financials
HRM w/Tim&Attendance
Advanced Scheduling -
ModulesPhase Functional Area(s) D. • Date
1 Core Financials • Accounting Nov 2024 Sept 2025 Phase Months:
• Accounts Payable
• Bid Management or as defined in or as defined 10
• Budgeting the Project Plan in the Project
• Capital Assets
and mutually Plan and verage
• Cash Management agreed upon mutually Days/Month:
• Contract Management agreed upon
11
• eProcurement
• Purchasing
• Project &Grant Accounting
• Accounts Receivable
• General Billing
System Wide • Enterprise Analytics &
Reporting
• Enterprise Forms
• Content Manager Core
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2 Enterprise Human • Payroll w/Empl Access June 2025 Apr 2026 Phase Months:
Resources • Recruiting
Management with g
• HR &Talent Management or as defined in or as defined 10 Time and • Time &Attendance w/ Mobile the Project Plan in the Project
Attendance
Access and mutually Plan and verage
agreed upon mutually Days/Month:
agreed upon
(must go live 7
on a quarter
for reporting
purposes)
3 Advanced • Advanced Scheduling w/ Apr 2026 July 2026 Phase Months:
Scheduling Mobile Access
or as defined in or as defined 3
the Project Plan in the Project
and mutually Plan and verage
agreed upon mutually Days/Month:
agreed upon
3
11.2 This work package is not applicable.
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Exhibit F
•
•••'•• tyler
• technologies
Exhibit F
Client's Request for Proposals for Software and Implementation Services for an
Enterprise Resource Planning (ERP) Software Systems Environment ("RFP)
Incorporated by reference.
1
Exhibit G
•••'•• tyler
.
• technologies
Exhibit G
Tyler's Proposal Dated January 12, 2024 ("Proposal")
Incorporated by reference.
1
Exhibit H
Exhibit H
Affidavit Attesting to Noncoercive Conduct for Labor or Services
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
1
- i_
Affidavit Attesting to Noncoercive Conduct for Labor or Services
Nongovernment Entity Name: (Vendor)
Vendor FEIN:
Address:
City: State: _ Zip Code:
Phone Number: Email Address:
As a nongovernmental entity executing, renewing, or extending a contractwith a government
entity, Vendor is required to provide an affidavit under penalty of perjury attesting that
Vendor does not use coercion for labor or services in accordance with Section 787.06,
Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor
or services are pledged as a security for the debt, if the value of the labor or services
as reasonably assessed is not applied toward the liquidation of the debt, the length
and nature of the labor or service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any
actual or purported passport, visa, or other immigration document, or any other
actual or purported government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify that Vendor does not use
coercion for labor or services in accordance with Section 787.06.
Written Declaration
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the
facts stated in it are true.
By: (Authorized Signature)
Print Name and Title:
Date:
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: August 30, 2024
SUBJECT: Recommendation - Work Authorization with GIT Consulting, LLC for
Professional Services for Preparation of a City-wide Vulnerability
Assessment and Stormwater Masterplan Update
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to execute a
work order with GIT Consulting, LLC in an amount not to exceed $342,120 for
Professional Services for preparation of a City-wide Vulnerability Assessment and
Stormwater Masterplan Update. This project is fully funded by the Florida Department of
Environmental Protection (FDEP) Resilient Florida Grant.
BACKGROUND
The Resilient Florida Program within the Office of Resilience and Coastal Protection of
FDEP was created to help coastal and inland communities plan for the impacts of climate
change, including flooding and sea level rise. The Resilient Florida Program offers grants
for community planning, as well as grants to implement projects that adapt to impacts
associated with flooding and sea level rise.
The City applied for and secured funding of $348,000 to develop a Vulnerability
Assessment in compliance with F.S. 380.093. The assessment will examine the critical
assets in detail to determine how to reduce vulnerabilities and risks. Upon completion,
the City will be eligible to receive grants for implementation projects that adapt critical
assets to risks identified in the Vulnerability Assessment.
GIT Consulting, LLC will also update the Stormwater Masterplan concurrently with the
Vulnerability Assessment.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION IN THE AMOUNT
OF $342,120 FOR PROFESSIONAL SERVICES FOR PREPARATION OF
A CITY-WIDE VULNERABILITY ASSESSMENT AND STORMWATER
MASTERPLAN UPDATE BY AND BETWEEN THE CITY OF AVENTURA
AND GIT CONSULTING, LLC; PROVIDING FOR IMPLEMENTATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura ("City") desires to complete a City-wide
Vulnerability Assessment and Stormwater Masterplan Update (the "Project"); and
WHEREAS, the Florida Department of Environmental Protection (FDEP) has
awarded the City a Resilient Florida Grant ("Grant") in an amount of $348,000 for the
Project; and
WHEREAS, the City accepted the Grant and entered into the Grant Agreement;
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. Acceptance and Approval. That the City Manager is hereby
authorized to execute the attached Work Authorization in an amount not to exceed
$342,120 for professional services by and between the City of Aventura and GIT
Consulting, LLC.
Section 3. Implementation. That the City Manager is authorized to do all things
necessary to carry out the aims of this Resolution.
Section 4. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
City of Aventura Resolution No. 2024-
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this V day of September, 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
Work Authorization
Comprehensive Vulnerability Assessment and Stormwater Masterplan Update
The City of Aventura (the "CITY") has engaged GIT Consulting, LLC (the "CONSULTANT")
under the existing Continuing Professional Services Agreement to prepare a scope of work to
provide professional services associated with Comprehensive Vulnerability Assessment ("VA")
pursuant to Section 380.093, Florida Statutes (F.S.). The Project shall include public outreach and
stakeholder engagement.
Scope of Work
The CONSULTANT shall deliver the tasks and services outlined in detail below.
Task 1 - Project Management
Successful project management is crucial for any proj ect's success. It involves administrative tasks,
regular review meetings with CITY staff, an initial kick-off meeting, and a quality assurance and
control (QA/QC) plan for project deliverables. The services included are as follows:
A. The general administration of the project shall encompass project controls, team
coordination, and consistent communication with CITY staff. Additionally,
CONSULTANT shall conduct weekly monitoring of the work's progress to ensure
adherence to the set schedule, budget, and quality standards. The labor effort for this task
has been estimated based on project duration of 18 months.
B. Given the numerous components requiring review and planning to generate the needed
Vulnerability Assessment,monthly coordination meetings with the CITY staff are proposed
to ensure effective information exchange and project delivery. These meetings may be in
person or virtual. The CONSULTANT shall be responsible for preparing and submitting
meeting minutes and agendas to the CITY. The labor effort for this task has been estimated
based on project duration of 18 months.
C. Upon receiving the Notice to Proceed, THE CONSULTANT shall conduct a project kick-
off meeting with CITY staff to review the requirements and gather the necessary
information for developing construction plans, documents, and permit applications.
D. THE CONSULTANT shall draft the agenda and record the minutes for the meeting,
providing them to the CITY within seven days for review and feedback. Following this,
THE CONSULTANT shall incorporate the CITY's comments and finalize the minutes.
E. The CONSULTANT shall prepare quarterly updates in accordance with FDEP grant
requirements.
Deliverables:
1.2. Project meeting agendas and meeting minutes in electronic format
1.3. Progress status reports in electronic format
City of Aventura
Comprehensive Vulnerability Assessment Page 1 of 6
Task 2 - Identify Vulnerability Assessment Data Standards
The CONSULTANT and the CITY shall identify the data standards, to include the sea level rise
scenarios and planning horizons,needed to perform the VA based on the requirements as defined in
Section 380.093,F.S. The data standards shall be pursuant to the requirements that are defined in s.
380.093, F.S., as of the date of beginning data collection efforts.
Deliverables:
2.1 The proposed data standards(sea level rise scenarios and planning horizons)to be used in
the VA.
Task 3 -Assemble Steering Committee
The CITY shall appoint up to 10 members to form the Steering Committee. This committee's
responsibility is to offer insights on Tasks 3-6, guide the study's direction, help pinpoint vulnerable
areas, contribute data and resources, and review project outcomes and suggestions. The
CONSULTANT shall work with the CITY and the Steering Committee to compile a contact list,
schedule two meetings, and discuss project objectives, progress, and expected results.
Deliverables:
3.I.The email sent to potential steering committee members to request their participation on the
committee. The email shall include the project purpose, goals, schedule, project meeting
dates and locations, and overall desired outcomes; and
3.2 A list of local representatives that have confirmed participation on the steering committee.
The list shall include the name, organization/affiliation, position title, and contact
information.
3.3 Steering Committee meeting agendas and meeting minutes in electronic format.
Task 4 - Conduct Steering Committee Meetings
The CONSULTANT will coordinate and schedule the quantity, dates, times, and locations for the
steering committee meetings, based on critical decision points in the project process. The purpose
of the steering committee meetings is to assist in reviewing the goals of the project, review draft
materials, provide input for study direction, assist in identifying geographic context, appropriate
modeling methodologies, assist in identifying available data and resources, identify relevant assets,
and review project findings and recommendations. A minimum of two steering committee meetings
is recommended, at the beginning and end of the project, however, more may be necessary to
provide guidance at critical decision points throughout the project process.
Deliverables:
4.1 The Meeting agendas to include location, date, and time of meeting; and
4.2 Meeting sign-in sheets with attendee names and affiliation;
4.3 A copy of the presentation(s) and any materials created for distribution at the meeting,
as applicable; and
City of Aventura
Comprehensive Vulnerability Assessment Page 2 of 6
4.4 A summary report of committee recommendations and guidance, to include attendee input,
meeting outcomes, methodologies selected, appropriate resources and data, relevant assets
and review of study deliverables for accuracy and applicability.
Task 5 -Acquire Background Data
The CONSULTANT shall research and compile the data needed to perform the VA based on the
requirements as defined in Section 380.093, F.S. Three main categories of data are required to
perform a VA:
i. Critical and regionally significant asset inventory
ii. Topographic data.
iii. Flood scenario-related data.
A. GIS metadata shall incorporate a layer for each of the four asset classes as defined in
paragraphs 380.093(2)(a)1-4,F.S.:
1. Transportation assets and evacuation routes, including airports, bridges, bus
terminals, ports,major roadways,marinas,rail facilities, and railroad bridges.
2. Critical infrastructure, including wastewater treatment facilities and lift stations,
stormwater treatment facilities and pump stations, drinking water facilities, water
utility conveyance systems, electric production and supply facilities, solid and
hazardous waste facilities, military installations, communications facilities, and
disaster debris management sites.
3. Critical community and emergency facilities, including schools, colleges,
universities, community centers, correctional facilities, disaster recovery centers,
emergency medical service facilities, emergency operation centers, fire stations,
health care facilities, hospitals, law enforcement facilities, local government
facilities, logistical staging areas, affordable public housing, risk shelter inventory,
and state government facilities.
4. Natural, cultural, and historical resources, including conservation lands, parks,
shorelines, surface waters,wetlands and historical and cultural assets.
B. GIS files and associated metadata shall adhere to the Resilient Florida Program's GIS Data
Standards, and raw data sources shall be defined within the associated metadata.
C. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric
Administration (NOAA) intermediate-high and intermediate-low projections for 2040 and
2070 at a minimum.
D. Storm surge data used shall be equal to or exceed the 100-year return period (1% annual
chance) flood event. The CONSULTANT shall identify data gaps, where missing data or
low-quality information may limit the VA's extent or reduce the accuracy of the results. The
CONSULTANT shall rectify any gaps of necessary data.
Deliverables:
5.1 The proposed data standards (sea level rise scenarios and planning horizons) to be used in
City of Aventura
Comprehensive Vulnerability Assessment Page 3 of 6
the VA.
5.2 A technical report to outline the data compiled and findings of the gap analysis;
5.3 A summary report to include recommendations to address the identified data gaps and
actions taken to rectify them; and
5.4 GIS files with appropriate metadata of the data compiled, to include locations of critical
assets owned or maintained by the CITY as well as regionally significant assets that are
classified and as defined in paragraphs 380.093(2)(a)1-4, F.S.
Task 6 - Exposure Analysis
The CONSULTANT will perform an exposure analysis to identify the depth of water caused by each
sea level rise, storm surge,and/or flood scenario. The water surface depths(i.e. flood scenarios)used
to evaluate assets shall include the following data: tidal flooding, current and future storm surge
flooding, rainfall-induced flooding, and compound flooding, all as applicable, as well as the
scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files
and associated metadata shall adhere to the Resilient Florida Program's GIS Data Standards, and
raw data sources shall be defined within the associated metadata.
Deliverables:
6.1 The proposed data standards (sea level rise scenarios and planning horizons) to be used in
the VA.
6.2 A draft VA report that provides details on the modeling process,type of models utilized, and
resulting tables and maps illustrating flood depths for each flood scenario; and
6.3 GIS files with results of the exposure analysis for each flood scenario as well as the appropriate
metadata that identifies the methods used to create the flood layers.
Task 7 - Sensitivity Analysis
The CONSULTANT will perform the sensitivity analysis to measure the impact of flooding on assets
and to apply the data from the exposure analysis to the inventory of critical assets created in the
Acquire Background Data Task. The sensitivity analysis shall include an evaluation of the impact of
flood severity on each asset class and at each flood scenario and assign a risk level based on
percentages of land area inundated and number of critical assets affected.
Deliverables:
7.1 The proposed data standards (sea level rise scenarios and planning horizons) to be used in
the VA.
7.2 An updated draft VA report that provides details on the findings of the exposure analysis
and the sensitivity analysis, and includes visual presentation of the data via maps and tables,
based on the statutorily-required scenarios and standards; and
7.3 An initial list of critical and regionally significant assets that are impacted by flooding. The
list of critical and regionally significant assets shall be prioritized by area or immediate need
and shall identify which flood scenario(s) impacts each asset.
City of Aventura
Comprehensive Vulnerability Assessment Page 4 of 6
Task 8 - Public Outreach
The CONSULTANT will conduct a public meeting to present the results from the exposure analysis,
sensitivity analysis, and draft VA. The purpose of the meeting is to allow the public to provide
community- specific input on the results of the analyses and to reconsider methodologies and
assumptions used in the analysis for refinement. Additionally, during this meeting, the
CONSULTANT will conduct exercises to encourage the public to prioritize focus areas of flooding,
and the critical assets in preparation for the development of adaptation strategies and project
development. Criteria should be established to guide the public's input for the selection of focus
areas. The CONSULTANT shall prepare all social media notifications,meeting invitations, meeting
materials,presentations, and graphics utilized during the meeting, as applicable.
Deliverables
8.1 The proposed data standards (sea level rise scenarios and planning horizons) to be used in
the VA.
8.2 Meeting agenda to include location, date, and time of meeting;
8.3 Meeting sign-in sheet with attendee names and affiliation (i.e. local stakeholder, resident,
steering committee member, local government staff);
8.4 A copy of the presentation(s) and any materials created in preparation of or for distribution
at the meeting (i.e. social media posts, public announcements, graphics), as applicable;
8.5 A copy of the file of the video or audio recording from the meeting, if applicable; and
8.6 A summary report including attendee input and meeting outcomes,to include defining focus
areas recommended by the community.
Task 9 - Final Vulnerability Assessment Report, Maps,and Tables
The CONSULTANT shall finalize the VA report pursuant to the requirements in s. 380.093, F.S.,
and based upon the steering committee and public outreach efforts. The final VA shall include all
results from the exposure and sensitivity analyses, as well as a summary of identified risks. It
shall contain a list of critical and regionally significant assets that are impacted by flooding and sea-
level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and
associated metadata must adhere to the Resilient Florida Program's GIS Data Standards, and raw
data sources shall be defined within the associated metadata.
Deliverables:
9.1 The proposed data standards (sea level rise scenarios and planning horizons) to be used in
the VA.
9.2 Final VA Report that provides details on the results and conclusions, including illustrations
via maps and tables, based on the statutorily-required scenarios and standards in s. 380.093,
F.S.;
9.3 A final list of critical and regionally significant assets that are impacted by flooding. The
list of critical and regionally significant assets must be prioritized by area or immediate need
and must identify which flood scenario(s) impacts each asset;
City of Aventura
Comprehensive Vulnerability Assessment Page 5 of 6
9.4 All electronic mapping data used to illustrate flooding and sea level rise impacts identified
in the VA, to include the geospatial data in an electronic file format and GIS metadata; and
9.5 A signed Vulnerability Assessment Compliance Checklist Certification.
Task 10 - Stormwater Master Plan Update
The Stormwater Master Plan update for Aventura involves a comprehensive assessment and
enhancement of the city's existing stormwater management systems. The CONSULTANT will
evaluate current infrastructure performance, identifying areas prone to flooding, and proposing
solutions to mitigate flood risks. This will involve hydraulic modeling, reviewing and updating
design criteria to reflect the latest regulatory standards, and incorporating sustainable practices.
The plan will also address future growth projections,climate change impacts,and integration with
green infrastructure to improve water quality and system resilience. The update aims to support
Task 6 .
Deliverables:
10.1. Updated Stormwater Master Plan of the City of Aventura and simulations to provide data
for Task 6 and Task 7
Proposed Fee
The CONSULTANT shall deliver the tasks and services outlined in Tasks 1 through 10 for a fee
in an amount not to exceed $342,120.
City of Aventura
Comprehensive Vulnerability Assessment Page 6 of 6
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CITY OF "ENTURA
OFFICE OF CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager Ce-.
BY- Robert Meyers, City Attorney --
DATE: August 30, 2024
SUBJECT: Resolution Approving a Reconstruction Agreement with Clear
Channel Outdoor LLC to Remove Former Existing Signs and Relocate
and Construct New Signs Within the City Limits
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution approving
a Reconstruction Agreement with Clear Channel for removal of the company's former
existing signs and the construction of two new signs at a different location from the former
existing signs.
BACKGROUND
Clean Channel is in the business of constructing, operating and maintaining billboard
signs in the City of Aventura. Previously, Clear Channel operated four legally existing,
nonconforming sign structures in the City. Clear Channel has removed these signs and
proposes to relocate and construct two new double-faced outdoor advertising signs with
digital display faces. These new billboard signs will enable the City to accomplish its public
goals by disseminating public service information and other important messaging.
Moreover, by approving this Agreement, attached hereto as Exhibit "A", and permitting
Clear Channel to construct and operate these new signs within the City, Clear Channel
will pay the City an annual fee.
The Agreement will be in effect for a minimum of twenty-five years and will generate
revenue for the City. The annual fee increases in five-year increments during the first
fifteen years. Thereafter, increases occur in ten-year increments.
1
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A RECONSTRUCTION
AGREEMENT WITH CLEAR CHANNEL OUTDOOR, LLC TO REMOVE
THE COMPANY'S FORMER EXISITING SIGNS AND RELOCATE AND
CONSTRUCT TWO NEW SIGNS WITHIN THE CITY OF AVENTURA;
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.
WHEREAS, Section 70.20, Florida Statutes, expressly authorizes and
encourages agreements of this type by empowering municipalities and owners of
billboard signs to enter into relocation and reconstruction agreements, on mutually
agreeable terms, that allow the municipality to accomplish its public goals while
allowing the continued maintenance of private investment in outdoor advertising signs
as a medium of commercial and non-commercial communication; and
WHEREAS, Clear Channel Outdoor, LLC ("Clear Channel") is engaged in the
business of constructing, operating and maintaining one or more billboard signs in
Miami-Dade County, Florida and, in particular, within the City; and
WHEREAS, Clear Channel operated four (4) legally existing, nonconforming sign
structures (the "Former Existing Signs") in the City on certain real property described
in the Agreement attached hereto as Exhibit "A"; and
WHEREAS, the Former Existing Signs were lawfully permitted and erected in
conformity with the land development regulations in effect at the time, and remained
lawful, conforming structures under the City's current Land Development Code until
they were removed; and
WHEREAS, Clear Channel has removed the Former Existing Signs and
proposes to relocate and construct two new 14' x 48' double-faced outdoor advertising
signs with digital display faces that meet all current engineering and wind load
requirements at the locations listed in the Agreement (the "New Signs"); and
WHEREAS, in consideration of the City permitting Clear Channel to construct and
operate the two New Signs within the City, Clear Channel shall pay the City a signage fee
in the amounts enumerated in the attached Agreement; and
City of Aventura Resolution No. 2024-
WHEREAS, the City desires to allow Clear Channel to construct the New Signs,
pursuant to §70.20, Florida Statutes, and this Agreement; and
WHEREAS, the City of Aventura hereby finds that it is in the best interest of the
City's residents to approve this Reconstruction Agreement with Clear Channel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Recitals Incorporated. That each of the above stated recitals are
hereby adopted and confirmed.
Section 2. Reconstruction Agreement Approved. That the City Commission
hereby approves the Reconstruction Agreement with Clear Channel for the construction
of two new signs within the City limits.
Section 3. City Manager Authorized. That the City Manager is hereby
authorized to take all necessary steps to implement this Resolution.
Section 4. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 3rd day of September, 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
RECONSTRUCTION AGREEMENT
THIS RECONSTRUCTION AGREEMENT(the "Agreement")is made on and shall
be effective as of September , 2024,by and between the City of Aventura,Florida (the "City"),
a municipal corporation organized and existing under the laws of the State of Florida,and Clear Channel
Outdoor, LLC ("Clear Channel"), a Florida limited liability company.
WHEREAS, Section 70.20, Florida Statutes, expressly authorizes and encourages
agreements of this type by empowering municipalities and owners of billboard signs to enter into
relocation and reconstruction agreements,on mutually agreeable terms,that allow the municipality
to accomplish its public goals while allowing the continued maintenance of private investment in
outdoor advertising signs as a medium of commercial and non-commercial communication; and
WHEREAS, Clear Channel is engaged in the business of constructing, operating and
maintaining one or more billboard signs in Miami-Dade County, Florida and, in particular, within
the City; and
WHEREAS, Clear Channel operated four (4) legally existing, nonconforming sign structures
(the "Former Existing Signs") in the City on certain real property more particularly described in
Exhibit A to this Agreement, and
WHEREAS,the Former Existing Signs were lawfully permitted and erected in conformity
with the land development regulations in effect at the time, and remained lawful, conforming
structures under the City's current Land Development Code (the "LDC") until they were removed;
and
WHEREAS, Clear Channel has removed the Former Existing Signs and proposes to relocate
and construct two new 14' x 48' double-faced outdoor advertising signs with digital display faces
that meet all current engineering and wind- load requirements at the locations listed on Exhibit B
hereto (the "New Signs"); and
WHEREAS,the City desires to allow Clear Channel to construct the New Signs, pursuant
to §70.20,Florida Statutes, and this Agreement; and
WHEREAS, the City and Clear Channel desire to enter into this Agreement, establishing
the terms and conditions under which Clear Channel will be permitted to construct and maintain
the New Signs; and
WHEREAS, the City acknowledges and agrees that Clear Channel is relying on this
Agreement and that Clear Channel will proceed to construct the New Signs, which activities will
require the expenditure of substantial monies by Clear Channel; and
1
WHEREAS, the City finds and determines that the provisions of this Agreement are in the
public interest; and
WHEREAS,the City Commission at a public hearing on July 2,2024 adopted Ordinance 2014-
12 amending Chapter 31 "Land Development Regulations" of the City Code of Ordinances to provide
that billboards may be permitted by resolution of the City Commission; and
WHEREAS,on September ,2024 the City Commission adopted Resolution No. 2024-XX
authorizing the execution of this Agreement; and
WHEREAS, the City desires to ensure that the New Signs are operated in a manner consistent
with Florida law and conforming to building codes and the City's LDC,and in a manner satisfactory to
the City.
NOW THEREFORE, for and in consideration of the above recitals and the mutual exchange
of the covenants contained in this Agreement, the receipt and sufficiency of which is acknowledged
and agreed upon, the City and Clear Channel agree as follows:
1. Recitals. The foregoing recitals express the intent of the parties and they are
incorporated in this Agreement as contractual terms, and not merely recitals.
2. The New Signs.
A. Location. The New Signs will be constructed on the New Sign Parcels, as
depicted in the site plan attached as Exhibit B.
B. Permits and Constnictinn Clear Channel shall be responsible for obtaining
and paying for (at normal and customary rates) all required building permits and approvals to
remove the Existing Sign and to erect,operate and maintain the New Signs,including any necessary
permits or approvals from the Florida Department of Transportation("FDOT"), or any other State,
federal or local agency or department. The City shall issue all necessary permits for and erection of
the New Signs within thirty(30) days after submission of a complete permit application(s)by Clear
Channel, including any necessary engineering and construction plans or specifications
demonstrating compliance with all applicable building and electrical codes. The City shall
cooperate with and assist Clear Channel in obtaining any necessary permits and approvals from
FDOT or any other agency or department, or both, for the erection and maintenance of the New
Signs by, among other things, timely executing such forms, applications or other documents as
may be required for Clear Channel to obtain all such permits or approvals.
C. Construction Standards. The New Signs shall be constructed, operated,
maintained, and replaced by licensed, registered contractors in a manner that meets or exceeds the
City's building and electrical requirements, and upon completion of construction, structural
certifications by State Licensed Engineers will be provided to the City by Clear Channel. The New
Signs shall be constructed at the locations on the New Sign Parcels approved by FDOT (if
necessary) and the City.
D. Survey Clear Channel shall submit to the City signed and sealed site plan(s)
2
and survey(s) for any proposed construction of the New Signs, evidencing compliance with
3
applicable conditions of this Agreement prior to issuance of any Building Permits by the City.
Within thirty (30) days after completion of construction/ and installation of the New Signs, Clear
Channel shall provide the City with an as-built survey of the New Signs,which shall be a condition
precedent to the City issuing a Certificate of Completion for the New Signs.
E. Compliance With Applicable Regulations. The placement and operation
of the New Signs must conform with Chapter 479, Florida Statutes, Chapter 14-10, Florida
Administrative Code, and any and all other applicable federal, state, county and municipal
regulations.
F. Illumination/Bri ham. Clear Channel will provide the City with an
illumination chart,photometric report and proof of brightness report for the LED panels. The
illumination will be dimmed at night through dimming software. If it is determined by the City
Manager a light disturbance to adjacent residential development exists, Clear Channel will
install an ambient light sensor and secondary backup to ensure illumination levels are not
more than 0.3 foot candles above ambient light levels (as they may change throughout the
day), measured based on distance of 250 feet from the source.
G. Description, The New Signs shall be double-face monopole structures. The
New Signs will utilize LED or other similar electronic changeable message technology(as may be
determined by Clear Channel from time to time). The size of each face of the New Signs shall not
exceed 14 feet in height and 48 feet in length. The New Signs shall not be illuminated by flashing,
intermittent,or moving lights (i.e.,the message shall be static, and shall not include any full-motion
video or animation), and shall otherwise comply with all requirements of Chapter 14-10, Florida
Administrative Code, as that Chapter may be amended from time to time. In no event shall the
displayed message change more often than once every 8 seconds. The New Signs shall not emit
any sound of any kind and shall not use or release any steam or smoke or any other substance. The
City and Clear Channel agree that the height of the Replacement Sign shall be measured pursuant
to, and shall comply with the provisions of, Chapter 479,Florida Statutes, and the related Florida
Administrative Code provisions and FDOT regulations.
H. Repair and Maintenance. Upon completion, the two New Signs shall be
deemed a conforming sign in all respects under the City's current LDC for the purpose of future
repair, replacement and maintenance. Clear Channel shall have the sole option to operate the sign
faces as digital or as printed/non digital type at any time, in any combination and for any duration.
L Compliance with Agreement/Laws. Clear Channel agrees that it shall
operate the New Signs in accordance with the terms of this Agreement and all laws, rules,
ordinances and regulations: (i) pursuant to which any permits issued are issued; and (ii)
promulgated by the Florida Legislature and Florida Department of Transportation. Failure to abide
by the terms of this Agreement, or to adhere to all applicable laws will be deemed a violation of
this Agreement, and the City may pursue any and all equitable and legal remedies relating to the
violations/defaults, including, but not limited to, requiring Clear Channel to remove the two New
Signs; provided, however, prior to the exercise of any such legal or equitable remedies, the City
shall first provide Clear Channel written notice of any alleged violation/default in accordance with
Section [10] below, which notice shall state the nature of the violation/default with as much
specificity as is practicable under the circumstances and Clear Channel shall have 4 5 d a y s
4
from receipt of city's notice the ability to cure such violation/default as provided
therein. If the violation/default is not reasonably capable of being cured within 45 days, to commence to
cure violation/default and to diligently pursue cure to completion.
3. Advertising and Notifications by the City/ Public Service Messages. Clear
Channel will utilize the two New Signs to display content for the dissemination of public service
information as more particularly described below. Clear Channel will display announcements and
advertising slots provided by the City (on a space-available basis) as provided in this paragraph.
(Unless expressly stated otherwise in subparagraphs (A) and(B) of this Paragraph 4,the following
terms shall apply: (i) all announcements and advertising slots utilized by Clear Channel for City
copy shall be at no cost to the City; (ii) all artwork/design/graphics relating to the City's chosen
advertisements shall be provided by the City to Clear Channel at least 10 days prior to the scheduled
advertising run commencement date unless an emergency situation exists; and(iii) in the event the
City desires to utilize Clear Channel advertising artwork/design/graphics, Clear Channel shall
provide the artwork/design/graphics to the City (at the City's expense) for its approval at least ten
(10) days prior to the scheduled advertising run commencement date. During any time period in
which Clear Channel chooses to operate one or more of the sign faces as printed/non digital type,
the requirement to display content from the City on that sign face shall be null and void.
For purposes of this Paragraph 3,the initial contact persons shall be:
City: Bryan Pegues, Assistant City Manager at(305) 466-8995; and
Clear Channel: Jeff Andres, VP of Real Estate, (305) 592-6250.
(A)Public Service Advertising. On a space available basis, Clear Channel will utilize the
subject signs to display public service announcements and advertise City-sponsored events (the
"City Announcements"),pursuant and subject to the terms,conditions and restrictions contained
in this Agreement. Any such City Announcements shall be strictly for the benefit of the City
and shall not include any names, logos or marks associated with any third-party non-
governmental person or entity, or any products or services associated with any third-party non-
governmental person or entity.
All proposed City Announcements shall be subject to Clear Channel's standard advertising copy
rejection and removal policies, which allow Clear Channel to approve or disapprove copy and
remove copy once posted or displayed. The City represents and warrants that all copy, content
and materials supplied by the City to for display under this Agreement: (i) are owned or duly
licensed by City and do not infringe or misappropriate the rights of any other person or entity;
(ii) comply with all applicable federal, state, and local laws, rules and regulations and (iii) do
not infringe upon any copyright,trademark or other intellectual property or privacy right of any
third party. The City shall, and hereby does agree to, indemnify, defend and hold harmless
Clear Channel from and against, any claims, costs(including, but not limited to, court costs and
reasonable attorneys' fees), losses, actions or liabilities arising from or in connection with any
third party allegation that any portion of any City Announcement infringes or violates the rights,
including,but not limited to, copyright,trademark,trade secret or any similar right, of any third
party. This indemnity shall not include Clear Channel's lost profits or consequential damages
or any similar right, of any third party.
5
If after posting a City Announcement any third party asserts that the announcement is
defamatory or infringes on any copyright,trademark, or other intellectual property or
privacy right, or if adverse publicity results from it, Clear Channel shall have the right
to remove the City Announcement,and to discontinue the display of City
Announcements until such time as the City shall supply a new,or designate a previous,
City Announcement. Any such public service announcements may be removed by
Clear Channel in the event that space so occupied by City Announcements is sold to
paying advertisers by Clear Channel. Clear Channel agrees to give the City reasonable
notice of anticipated space availability on the New Signs for City Announcements;
provided, however, that Clear Channel shall have no obligation to notify the City if
such space availability is limited to time periods of less than thirty(30) days. All
artwork, design, graphics, production and installation costs relating to the City
Announcements shall be at the sole expense of the City.
(B)Emergency Messages. During times of declared weather emergencies affecting the
City,Clear Channel shall utilize the New Signs for the sole and limited purpose of
communicating emergency information to the City's citizens and the travelling public,
in accordance with the terms and conditions of the emergency alert notification
program (the "Emergency Notification Program")adopted by the Florida Outdoor
Advertising Association(the "FOAA") and the Florida Division of Emergency
Management ("FDEM"),which sign shall not be required to provide the 10 day
advance notice required under subsection (A), above.
(C)Amber Alerts. Clear Channel shall utilize the Replacement Sign for the display of
"amber alerts" issued by the Florida Department of Law Enforcement ("FDLE"), or
such other law enforcement agency that may from time to time be responsible for
issuance of same, when it is determined (pursuant to guidelines and procedures
already in place between the FDLE or such other agency/agencies and the outdoor
advertising industry to identify appropriate situations, duration and sign locations) that
display of the "amber alert" on the Replacement Sign would provide information to the
travelling public that could be instrumental in assisting authorities in resolving an
abduction.
4. Content Restrictions. Clear Channel voluntarily offers and the City has agreed that
advertising copy on the Replacement Sign shall not include any tobacco product, alcoholic
beverages, adult retail, adult performance, adult entertainment establishment or adult service, or
pari-mutuel betting, gaming or gambling activities. In the event the City Manager reasonably
determines that advertising copy is objectionable based on the foregoing, the City Manager shall
notify Clear Channel in writing and Clear Channel shall remove such copy within twenty-four
(24) hours.
5. Annual Fee. In consideration of the City permitting Clear Channel to construct
and operate the New Signs within the City, Clear Channel shall pay the City an annual signage
fee so long as the two New Signs remains installed and operational utilizing message displays
(the "Annual Fee"). The Annual Fee shall be in the following amounts:
6
Years 1 through 5: $100,000 per face ($400,000 total)
Years 6 through 10: $110,000 per face ($440,000 total)
Years 1 I through 15: $115,000 per face($460,000 total)
Option 1 /Years 16 through 25: $120,000 per face($480,000 total)
Option 2 /Years 26 through 35:$130,000 per face ($520,000 total)
The Annual Fee for Year I for each New Sign shall be due and payable within fifteen (15) days after
completion of construction of such New Sign with two (2) digital faces, and issuance of all final permits
and approvals necessary for the operation of such New Sign (the "Commencement Date").
Thereafter, Clear Channel shall pay the Annual Fee to the City on or before the anniversary of the
date upon which the Year I Annual Fee was paid as long as it operates the display faces on such
New Sign. In the event Clear Channel is required by law to remove the digital face(s) from a New
Sign but is able to continue to operate such New Sign with a printed face(s),the Annual Fee shall
be reduced in proportion to the loss in revenue and the number of faces. The parties understand
and agree that the Annual Fee is being paid to mitigate any impacts to the City and its residents
from the rights granted under this Agreement and actions taken pursuant to it.
6. Indemnification and Hold Harmless. Clear Channel agrees to defend (with counsel
of Clear Channel's choosing, subject to the prior approval by the City Attorney, which
approval shall not be unreasonably withheld), indemnify and hold harmless the City, its
officers, agents and employees, from and against any and all claims, suits, actions, damages
and causes of action whatsoever, arising during the term of this Agreement and resulting in
personal injury, loss of life or damage to property sustained by any person or entity as a
result of the doing of any work in this Agreement as authorized or the failure to do any work
in this Agreement as required, or as a result of this Agreement or the construction, maintenance or
use related to installation of the two New Signs or the use by Clear Channel of the Property
upon which the two New Signs are to be located. Such obligation to indemnify and hold
harmless shall continue notwithstanding any negligence (except gross negligence) on the part
of the City relating to such loss or damage and shall include all o u t-o f-p o c k e t
costs, expenses and liabilities incurred by the City in connection with any such claim, suit,
action or cause of action, including the investigation of any of them and the defense of any
action or proceeding brought on any of them and any order,judgment or decree which may be
entered in any such action or proceeding or as a result of any of them. These provisions shall
survive the expiration or earlier termination of this Agreement. Nothing in this Agreement
shall be construed to affect in any way the City's rights, privileges, and immunities under
the doctrine of"sovereign immunity" and as set forth in Section 768.28, Florida Statutes. In
the event that any third party brings any challenge either to this Agreement as a whole or to any
application for permits or approvals under this Agreement,the City shall give sufficiently prompt
notice to Clear Channel of such challenge and shall in all events give such notice within 10
business days of the date that the City first learns of the challenge. The City will not voluntarily
assist in any such third-party challenge or take any position adverse to Clear Channel in
connection with such third-party challenge. The City will reasonably assist in the defense of any
such action by Clear Channel in such a matter.
7. Complete Understanding_ This Agreement, and all the terms and provisions
7
contained in this Agreement, including without limitation its Exhibits (if any), constitute the full
and complete agreement between the parties with respect to the matters covered in this Agreement,
and supersedes and controls over any and all prior agreements, understanding, representations,
correspondence and statements whether written, oral or implied, which are deemed to be merged
into this Agreement.
8. Amendment. The parties may amend this Agreement only by a written instrument
signed by each of the parties. There cannot be any waiver, variation, modification, amendment or
change to the terms of this Agreement except as may be made in writing and executed by each
party to this Agreement. If any party fails to enforce its respective rights under this Agreement or
fails to insist upon the performance of another party's Agreement obligations , such failure shall
not be construed as a permanent waiver of any rights or obligations in this Agreement.
9. Notices. All notices, demands, requests for approvals or other communications
required or authorized to be given by either party to another shall be in writing and shall be hand-
delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or by a
recognized overnight courier service to each party indicated below, addressed as follows:
City Manager
City of Aventura
19200 W Country Club Drive
Aventura, Florida 33180
Copies to:
City Attorney
City of Aventura
19200 W Country Club Drive
Aventura, Florida 33180
Clear Channel:
Real Estate Manager
Clear Channel
Outdoor,LLC
5800 NW 77 Court
Miami, Fl. 33166
Copies to:
Operations
Counsel
2325 E. Camelback Road, Suite 250
Phoenix,AZ 85016
8
Notices given by courier service or by hand delivery shall be effective upon delivery and
notices given by mail shall be effective on the fifth(5th)business day after mailing. Refusal by any
person to accept delivery of any notice delivered at the address indicated above (or as it may be
changed) shall be deemed to have been an effective delivery as provided in this Section as of the
date and time of such refusal. The addresses to which notices are to be sent may be changed from
time to time by written notice delivered to the other parties in accordance with this provision and
such notices shall be effective upon receipt. Until notice of change of address is received as to a
party, the other party may rely upon the last address given.
10. Default. In the event any party is in default of any Agreement provision, the non-
defaulting party, as a condition precedent to the exercise of its remedies, shall be required to give
the defaulting party or parties written notice of same pursuant to this Agreement. The defaulting
party or parties shall have thirty (30) business days from the receipt of such notice to cure the
default or, if the default cannot be cured within thirty (30) business days, to commence and
diligently pursue a cure. If the defaulting party timely cures the default,the default shall be deemed
waived and this Agreement shall continue in full force and effect. If the defaulting party or parties
do not timely cure such default, the non-defaulting party or parties shall be entitled to pursue its
remedies which are available at law or equity.
11. Severability. The parties covenant and agree that they will not initiate, pursue,
assist, participate in (except to oppose or defend against) or in any way aid or support any action
or proceeding of any type or nature challenging the constitutionality, legality or enforceability of
this Agreement, or having the effect of rendering this Agreement void or unenforceable, or that
would negatively impact the validity or enforceability of this Agreement in any way. The foregoing
shall not prevent any party from initiating or pursuing legal action based on the other party's default
under this Agreement. If any term or provision of this Agreement or the application of it to any
person or circumstance is declared invalid or unenforceable as a result of any third party challenge,
the remainder of this Agreement, including any valid portion of the invalid term or provision
stricken or held invalid, shall not be affected and shall, with the remainder of this Agreement,
continue unmodified and in full force and effect. In the event that any portion of this Agreement
shall be held invalid, unenforceable or both resulting in the forced removal of the two New Signs,
the parties shall be released from any further obligations under this Agreement and shall be
returned to their respective positions as they existed just prior to the execution of this Agreement.
12. Controlling Law, Venue, Jury Trial Waiver. This Agreement shall be construed
under the laws of the State of Florida. Venue for any proceeding arising under this Agreement shall be
in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida as to state court actions, and
in the United States District Court for the Southern District of Florida as to federal court actions,
to the exclusion of any other venue. THE PARTIES EACH HEREBY KNOWINGLY AND
INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY DISPUTES RELATING TO
OR ARISING OUT OF THIS AGREEMENT.ALL COURT ACTIONS OF ANY NATURE OR KIND
SHALL BE NON-JURY.
9
13. Authority to Execute and Bind. Each party represents and warrants that all requisite
actions have been taken to authorize execution of this Agreement by the person signing on behalf
of that party, and thereby bind that party to the terms and conditions of this Agreement.
14. Non-Waiver. The failure of any party to promptly or continually insist upon strict
performance of any term,covenant,condition or provision of this Agreement,or any of its Exhibits
or any other agreement, instrument or document of whatever form or nature contemplated by any
other party or parties, shall not be deemed a waiver of any right or remedy that the party may have,
and shall not be deemed a waiver of a subsequent default or nonperformance of such term,
covenant, condition or provision.
15. Successors and Assigns.This Agreement shall be freely assignable by Clear Channel.
The terms of this Agreement shall be binding upon and shall inure to all successors in interest to
the parties to this Agreement.
16. Continuing Cooperation. The parties covenant and agree that they will execute such
further documents and take such further actions as may be reasonably necessary to effectuate and
implement the provisions and intent of this Agreement.
17. Construction. The provisions of this Agreement shall not be construed in favor of
or against any particular party as each party has reviewed its terms and conditions and,by execution
of this Agreement, acknowledges that each party has carefully considered the legal ramifications
of this instrument, has consulted with legal counsel or has knowingly and willingly chosen not to
do so. This Agreement has been negotiated by the City and Clear Channel, and this Agreement,
including, without limitation,the Exhibits shall not be deemed to have been prepared by any one
party but, rather, by both equally.
18. No Third Party Beneficiaries. It is expressly agreed and understood that there are no
third parties intended to be benefited by this Agreement or any of the terms, provisions, rights or
benefits conferred in this Agreement,and no private right of action is intended to be created by this
Agreement in any third party.
19. Counterparts.This Agreement may be executed in counterparts, each of which shall
be deemed an original but all of which shall constitute a single instrument.
20. Term. The parties expressly agree that the initial term of this Agreement shall be for
a period of fifteen(15)years (the "Initial Term"),commencing on the Commencement Date. Upon
expiration of the Initial Term,the term of this Agreement shall automatically renew for two
(2) additional terms of ten(10)years each(for a total term of 35 years),unless Clear Channel shall
deliver written notice to the City opting out of this Agreement, no later than sixty (60) days prior
to expiration of the Initial Term or the first renewal term.
- SIGNATURES APPEAR ON FOLLOW PAGES -
10
IN WITNESS WHEREOF, the City and Clear Channel have executed or caused their duly
authorized representatives to execute this Agreement.
CITY OF AVENTURA
By:
Name:
Title:
CLEAR CHANNEL OUTDOOR,LLC
By:
Name:
Title:
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CIL NE 206TH STREET -
50'RIGHT OF WAY I SUNSET BLVD.PER PIAT
CITY OF "ENTURA
OFFICE OF CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY- Robert Meyers, City Attorney , --�
DATE: August 30, 2024
SUBJECT: Resolution Authorizing the Purchase of.7 Acres from Gulfstream Park
for a Total of 3.7 Acres to be Conveyed to the City for the Construction
of a Third Charter School
September 3, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution authorizing
the purchase of .7 acres from Gulfstream in connection with the building of a third charter
school to add to the three-acre parcel Gulfstream Park previously agreed to convey per
the Term Sheet.
BACKGROUND
At the City Commission Meeting of June 4, 2024, the City Commission approved the Term
Sheet with Gulfstream Park and authorized the City Manager to negotiate and execute a
Purchase and Sale Agreement. One of the terms specifies the City will acquire a three-
acre parcel of land for no consideration. During the course of the negotiations, the parties
contemplated a larger conveyance, provided the City pay just and reasonable
consideration for any additional land. After obtaining an appraisal, the City Manager and
Gulfstream Park have agreed on a purchase price of $3,150,000 for an additional .7
acres, resulting in the City acquiring a parcel totaling 3.7 acres.
This Resolution approves the land purchase from Gulfstream Park and affords the City
greater flexibility constructing the third charter school and offers an enhanced campus on
this site. Rather than entering into two separate Purchase and Sale agreements, this
Resolution authorizes the City Manager to execute one Purchase and Sale Agreement
for a future conveyance from Gulfstream Park of 3.7 acres. The change in the size of
acquired parcel will not affect the other terms to be incorporated into the final Purchase
and Sale Agreement.
Given the fact the City is purchasing the .7 acre parcel, the transaction impacts the City's
budget. Overall, the benefits to City far exceed the costs of acquiring the additional land.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, INCREASING THE SIZE OF THE PARCEL OF
LAND TO BE ACQUIRED BY THE CITY FROM GULFSTREAM PARK,
LLC TO 3.7 ACRES FOR FUTURE USE AS A CHARTER SCHOOL SITE;
AUTHORIZING THE PURCHASE OF .7 ACRES IN THE AMOUNT OF
$3,150,000; DIRECTING THE CITY MANAGER TO EXECUTE ONE
PURCHASE AND SALE AGREEMENT INCLUSIVE OF THE
ADDITIONAL .7 ACRES; 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.
WHEREAS, Resolution 2024-33 approved a Term Sheet prepared by Gulfstream
Park, LLC ("GSP") in furtherance of a conveyance of a three-acre parcel of land in return
for non-monetary consideration for future use by the City of Aventura ("City") as a third
charter school site; and
WHEREAS, the abovementioned resolution authorized the City Manager to
negotiate and execute a Purchase and Sale Agreement with GSP consistent with the
Term Sheet; and
WHEREAS, during the course of the negotiations, the Parties discussed a
conveyance of a parcel larger than the agreed-upon three acres on the condition that the
City provide fair and adequate consideration for any additional land; and
WHEREAS, the City Manager obtained an appraisal for the parcel in question;
and
WHEREAS, the Parties have agreed on a purchase price of three million one
hundred fifty thousand ($3,150,000.00) dollars for an additional .7 acre parcel, extending
from the west property line of the original three acre parcel; and
WHEREAS, the survey and legal description of the 3.7-acre parcel have not been
finalized, but it is anticipated these documents will be available prior to the October 2024
City Commission meeting; and
WHEREAS, the City and GSP will enter into one Purchase and Sale Agreement
for the conveyance of the 3.7 acres to the City along with the other terms and conditions
enumerated in the Term Sheet; and
WHEREAS, the City of Aventura hereby finds that by approving this purchase it
enables the City to enlarge the campus of the charter school constructed on this site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
City of Aventura Resolution No. 2024-
Section 1. Recitals Incorporated. That each of the above stated recitals are
hereby adopted and confirmed.
Section 2. Purchase of .7 Acre Parcel Approved. That the City Commission
hereby approves the purchase of the .7 acre parcel in the amount of$3,150,000.
Section 3. City Manager Authorized. That the City Manager is hereby
authorized to continue negotiating with GSP and execute one Purchase and Sale
Agreement, inclusive of the additional .7 acres.
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
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 3rd day of September, 2024.
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission cz�L
FROM: Ronald J. Wasson, City Manager
BY- Robert Meyers, City Attorney
DATE: August 30, 2024
SUBJECT: Ordinance Creating Article III - Section 3-36 to Limit the Solicitation
of Business on Private Residential Property to Specific Times
September 3, 2024 City Commission Meeting Agenda (First Reading)
October 8, 2024 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance to address
solicitation of business on private residential property and limit such solicitations to
specific hours.
BACKGROUND
Uninvited solicitation of business on private residential property (particularly after daylight
hours) may create a nuisance, cause inconveniencies, disturb the peace and encourage
the commission of criminal activity by concealing the identity of the individuals purporting
to be solicitors. The City of Aventura regulates vending and solicitation of business on
certain public roads in Section 48-20 of its Code of Ordinances ("Code") but is silent as
to solicitation of business on private residential property. The City of Aventura is unique
in that most Aventura residents live in condominiums or other residential communities
with rules in effect restricting the solicitation of business on these properties. Miami-Dade
County is proposing an ordinance to regulate the solicitation of business on private
residential property within the County whereby that ordinance will apply to all
municipalities unless a municipality already has an ordinance in place, or the municipality
establishes its own regulations that are more stringent. It is in the City's best interest to
enact its own regulation of business solicitation on residential property. The attached City
ordinance will ban business solicitations on residential properties between the hours of
7.00 p.m. and 10.00 am (stricter than the County's proposed ordinance), without first
obtaining the consent of the property owner or a person residing at the property. The
attached City ordinance does not prohibit communities in Aventura from further limiting
the hours in which business solicitations are permitted.
This ordinance will have little or no impact on the City's budget.
CITY OF AVENTURA ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 3 "ADVERTISING" OF THE CITY CODE OF ORDINANCES
TO CREATE ARTICLE III "BUSINESS SOLICITATION" AND SECTION 3-
36 "SOLICITATION OF BUSINESS ON PRIVATE RESIDENTIAL
PROPERTY"; PROVIDING FOR CONFLICTS, SEVERABILITY, AND
CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura ("City") regulates vending and solicitation of
business on certain public roads in Section 48-20 of its Code of Ordinances ("Code") but
is silent as to solicitation of business on private residential property; and
WHEREAS, uninvited solicitation of business on private residential property
(particularly after daylight hours) may create a nuisance, cause inconveniencies, disturb
the peace and encourage the commission of criminal activity by concealing the identity
of the individuals purporting to be solicitors; and
WHEREAS, Miami-Dade County ("County") is proposing an ordinance to regulate
the solicitation of business on private residential property within the County whereby that
ordinance will apply to all municipalities unless a municipality already has an ordinance
in place, or the municipality establishes its own regulations that are more stringent than
the County's ordinance; and
WHEREAS, the City does not already regulate the solicitation of business on
private property in its Code but recognizes that condominium associations and other
residential communities may have rules in effect restricting the solicitation of business on
their properties; and
WHEREAS, the City desires to create its own ordinance that is more stringent
than the County's ordinance; and
WHEREAS, the City Commission finds it is in the best interest of the City and its
residents to create its own regulations for the solicitation of business on private residential
property.
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 Article III "Business Solicitation" of
Chapter 3 "Advertising," is hereby created to regulate the solicitation of business on
private property as follows'-
'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-
CHAPTER 3 —ADVERTISING
ARTICLE III. — Business Solicitation
Sec. 3-36.- Solicitation of business on private residential property.
(a) It shall be unlawful for any person, firm, corporation, or other legal entity
to engage in any private business, commercial activity, or to undertake
to provide any service for compensation, or to advertise or display
merchandise, or to transact any business for profit, or to solicit business,
on any private residential property between the hours of 7.00 p.m. and
10.00 a.m., without first obtaining the consent of the property owner or
of a person residing at the property.
Section 3. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but
they shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Codification. That it is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall
be changed to "Section" or other appropriate word.
Section 5. Conflict. That all sections or parts of sections of the Code of
Ordinances, all ordinances or parts ordinances, and all resolutions or parts of resolutions
in conflict are repealed to the extent of such conflict.
Section 6. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner who moved its
adoption on first reading. This motion was seconded by Commissioner and
upon being put to a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
Page 2 of 3
City of Aventura Ordinance No. 2024-
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
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED on first reading this V day of September, 2024.
PASSED AND ADOPTED on second reading this 8t" day of October, 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
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
POLICE OFFICERS'RETIREMENT PLAN
ACTUARIAL IMPACT STATEMENT
August 20,2024
Attached hereto is a comparison of the impact on the Minimum Required Contribution (per Chapter 112,
Florida Statutes) and the Required City Contribution,resulting from the implementation of the following
changes:
Employees hired on or after October 1,2000 and prior to October 1,2003 shall receive Credited
Service at a 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 3%benefit accrual rate for service rendered to the City as a police
officer between October 1,2000 and September 30,2003 by rolling over to the Retirement Plan
the entire balance in their city-sponsored 401a Plan attributable to their service as police officers
for the City of Aventura.
The following Police Officers who were actively employed and not participating in DROP on October 1,
2022 elected the 2.0% Benefit Accrual Rate (for these Members,credited service is now granted for
service prior to October 1,2003 at the 2.0% accrual rate):
Arango,Harvey
Castro,Jeanette
Ogden,John
Perez,Emilio
Williams,Jason
The following Police Officers are in the same situation as the above list except that they have not made an
election as to 2.0%or 3.0%. For the purpose of this Actuarial Impact Statement,it is assumed that these
Members will elect the 2.0% accrual rate for this service.
Feierstadt,Robert
Gray, Carolyn
Peralta, Christian
Williams,Teresa
The following two Police Officers already purchased time at the 3.0%benefit accrual rate:
Rodriguez,Katina
Fernandez,Jason
Ms. Rodriquez elected the 2.0%benefit rate. For the purpose of this Impact Statement,it is assumed that
Mr. Fernandez will elect 2.0% as well. For these two Members,the time prior to October 1,2003 is now
valued at the 2.0%benefit accrual rate instead of 3.0% and it is assumed that they will receive a full
refund of their purchases already made with interest at 7.25%per year.
CITY OF AVENTURA
POLICE OFFICERS'RETIREMENT PLAN
ACTUARIAL IMPACT STATEMENT
August 20,2024
(Page 2)
The following Police Officer who was actively employed and not participating in DROP on October 1,
2022 elected the 3.0% Benefit Accrual Rate (for this Member,credited service is now granted for service
prior to October 1,2003 at the 3.0% accrual rate and it is assumed that she will deposit into the Fund her
current 401 a balance):
Arocha,Barbara
The following two Police Officers were Disabled Retirees as of October 1,2022 and have elected the
2.0%benefit accrual rate. For the purpose of this Actuarial Impact Statement it is assumed that their
monthly benefit will be increased to reflect this additional credited service effective on adoption of the
Ordinance and will be retroactive,but no interest will be credited.
Goranitis, Chris
Myers,Robert
The following Police Officer was in DROP as of October 1,2022 and has elected the 3.0%benefit accrual
rate. For the purpose of this Actuarial Impact Statement it is assumed that his monthly benefit will be
increased to reflect this additional credited service effective on adoption of the Ordinance and will be
retroactive,but no interest will be credited. It is also assumed that he will deposit into the Fund the
amount that was in his 401a account as of his separation from service on September 30,2023.
Leoncim,Michael
The cost impact,determined as of October 1,2022, applicable to the fiscal year ending September 30,
2024,is as follows:
Proposed Current
Minimum Required Contribution
%of Projected Annual Payroll 44.997% 44.037%
Member Contributions (Est.)
%of Projected Annual Payroll 10.775% 10.775%
City And State Required Contribution
%of Projected Annual Payroll 34.222% 33.262%
State Contribution(Est.) $599,490 $599,490
%of Projected Annual Payroll 7.074% 7.074%
City Required Contribution 2
%of Projected Annual Payroll 27.148% 26.188%
CITY OF AVENTURA
POLICE OFFICERS' RETIREMENT PLAN
ACTUARIAL IMPACT STATEMENT
August 19,2024
(Page 3)
Represents the amount received in calendar 2024.As per a Mutual Consent
Agreement between the Membership and the City, all State Monies received each
year will be available to offset the City's required contribution.
Unless otherwise noted, all data,assumptions,methods and plan provisions are the salve as in the October
1,2022 actuarial valuation report. It should be noted that changes to retirement benefits could potentially
affect participants' retirement or termination behavior. We will monitor and advise of any recommended
changes with future experience studies.
Future actuarial measurements may differ significantly from the current measurements presented in this
report for a variety of reasons including: changes in applicable laws,changes in plan provisions,changes
in assumptions,or plan experience differing from expectations. Due to the limited scope of the analysis,
we did not perform an analysis of the potential range of such future measurements.
Please note that contents of this analysis and the October 1,2022 actuarial valuation report are considered
an integral part of the actuarial opinions. In reviewing the results presented in this study,it should be
noted that there are risks that may not be inherently apparent to the reader that should be carefully
considered. For key risks,please see the Discussion of Risk section of the October 1,2022 actuarial
valuation report.
In performing the analysis,we used third-parry software to model(calculate)the underlying liabilities and
costs. These results are reviewed in the aggregate and for individual sample lives. The output from the
software is either used directly or input into internally developed models to generate the costs. All
internally developed models are reviewed as part of the process. As a result of this review,we believe that
the models have produced reasonable results. We do not believe there are any material inconsistencies
among assumptions or unreasonable output produced due to the aggregation of assumptions.
The changes presented herein are in compliance with Part VII, Chapter 112,Florida Statutes and Section
14,Article X of the State Constitution. The undersigned is familiar with the immediate and long-term
aspects of pension valuations and meets the Qualification Standards of the American Academy of
Actuaries necessary to render the opinions contained herein.
Patrick T. Donlan,ASA,EA,MAAA
Enrolled Actuary 923-6595
CITY OF AVENTURA
POLICE OFFICERS' RETIREMENT PLAN
ACTUARIAL IMPACT STATEMENT
August 19,2024
(Page 4)
STATEMENT OF PLAN ADMINISTRATOR
The prepared information presented herein reflects the estimated impact of the proposed Ordinance.
Chairman,Board of Trustees
COMPARATIVE SUMMARY OF PRINCIPAL VALUATION RESULTS
New Benefits Old Benefits
10/1/2022 10/1/2022
A. Participant Data
Actives 71 71
Service Retirees 22 22
DROP Retirees 19 19
Beneficiaries 1 1
Disability Retirees 4 4
Terminated Vested 2 2
Total 119 119
Payroll Under Assumed Ret. Age 8,474,961 8,474,961
Annual Rate of Payments to:
Service Retirees 1,215,974 1,215,974
DROP Retirees 1,511,926 1,507,692
Beneficiaries 52,374 52,374
Disability Retirees 216,590 210,247
Terminated Vested 0 0
B. Assets
Actuarial Value (AVA) 64,147,406 64,128,495
Market Value (MVA) 55,554,573 55,535,662
C. Liabilities
Present Value of Benefits
Actives
Retirement Benefits 49,388,902 48,797,935
Disability Benefits 1,588,401 1,620,150
Death Benefits 131,588 133,768
Vested Benefits 361,101 363,158
Refund of Contributions 359,567 162,796
Service Retirees 14,781,187 14,781,187
DROP Retirees 21,453,071 21,387,496
Beneficiaries 595,236 595,236
Disability Retirees 2,989,372 2,897,265
Terminated Vested 1,819 1,819
Total 91,650,244 90,740,810
New Benefits Old Benefits
C. Liabilities - (Continued) 10/1/2022 10/1/2022
Present Value of Future Salaries 56,515,832 57,076,333
Present Value of Future
Member Contributions 6,089,581 6,149,975
Normal Cost(Retirement) 1,798,380 1,798,834
Normal Cost(Disability) 136,266 137,047
Normal Cost(Death) 9,577 9,593
Normal Cost(Vesting) 24,666 24,582
Normal Cost(Refunds) 24,341 24,341
Total Normal Cost 1,993,230 1,994,397
Present Value of Future
Normal Costs 13,767,831 13,911,554
Accrued Liability(Retirement) 36,882,330 36,159,630
Accrued Liability(Disability) 712,695 734,132
Accrued Liability(Death) 68,617 70,145
Accrued Liability(Vesting) 172,770 173,801
Accrued Liability(Refunds) 225,316 28,545
Accrued Liability(Inactives) 39,820,685 39,663,003
Total Actuarial Accrued Liability(EAN AL) 77,882,413 76,829,256
Unfunded Actuarial Accrued
Liability(UAAL) 13,735,007 12,700,761
Funded Ratio (AVA/EAN AL) 82.4% 83.5%
D. Actuarial Present Value of New Benefits Old Benefits
Accrued Benefits 10/1/2022 10/1/2022
Vested Accrued Benefits
Inactives 39,820,685 39,663,003
Actives 19,381,715 19,017,978
Member Contributions 6,948,461 6,948,461
Total 66,150,861 65,629,442
Non-vested Accrued Benefits 4,931,460 4,541,782
Total Present Value
Accrued Benefits (PVAB) 71,082,321 70,171,224
Funded Ratio (MVA/PVAB) 78.2% 79.1%
Increase (Decrease)in Present Value of
Accrued Benefits Attributable to:
Plan Amendments 911,097
Benefit Changes 0
Plan Experience 0
Benefits Paid 3 0
Interest 0
Other 0
Total 911,097
3 Includes Benefit Payments allocated to Members' self-directed DROP accounts.
New Benefits Old Benefits
Valuation Date 10/1/2022 10/1/2022
Applicable to Fiscal Year Ending 9/30/2024 9/30/2024
E.Pension Cost
Normal Cost(with interest)
%of Total Annual Payroll 2 24.372 24.386
Administrative Expenses(with interest)
%of Total Annual Payroll 2 1.749 1.749
Payment Required to Amortize
Unfunded Actuarial Accrued
Liability over 30 years
(as of 10/1/2022,with interest)
%of Total Annual Payroll 2 18.876 17.902
Minimum Required Contribution
%of Total Annual Payroll 2 44.997 44.037
Expected Member Contributions
%of Total Annual Payroll 2 10.775 10.775
Expected City and State Contribution
%of Total Annual Payroll 2 34.222 33.262
Liabilities shown represent present value of future benefit payments. Assets in Section B. and liabilities
in Sections C. and D.do not include accumulated self-directed DROP Account balances.
2 Contributions developed as of 10/1/2022 are expressed as a percentage of total
annual payroll at 10/1/2022 of$8,474,961.
ACTUARIAL ASSUMPTIONS AND METHODS
Mortali . Rate Healthy Active Lives:
Female: PubS.H-2010 (Above Median)for Employees,
set forward one year.
Male: PubS.H-2010 (Above Median)for Employees,
set forward one year.
Healthy Retiree Lives:
Female: PubS.H-2010 for Healthy Retirees, set forward
one year.
Male: PubS.H-2010 (Below Median) for Healthy
Retirees, set forward one year.
Beneficiary Lives:
Female: PubG.H-2010 (Below Median) for Healthy
Retirees.
Male: PubG.H-2010(Below Median) for Healthy
Retirees, set back one year.
Disabled Lives:
80% PubG.H-2010 for Disabled Retirees/20% PubS.H-
2010 for Disabled Retirees.
All rates are projected generationally with Mortality
Improvement Scale MP-2018. We feel this assumption
sufficiently accommodates future mortality
improvements.
The previously described mortality assumption rates
were mandated by Chapter 2015-157,Laws of Florida.
This law mandates the use of the assumptions used in
either of the two most recent valuations of the Florida
Retirement System (FRS). The above rates are those
outlined in Milliman's July 1, 2021 FRS valuation report
for special risk employees,with appropriate adjustments
made based on plan demographics.
Interest Rate 7.25%per year compounded annually,net of investment
related expenses. This is supported by the target asset
allocation of the trust and the expected long-term return
by asset class.
Salary Increases 5.0%per year.
Wage Increases 3.0%per year.
(for purpose of projecting Sponsor
Normal Cost in between vats)
Payroll Growth 0.00% for purposes of amortizing the Unfunded
Actuarial Accrued Liability. This assumption cannot
exceed the ten-year average payroll growth,in
compliance with Part VII of Chapter 112,Florida
Statutes.
Administrative Expenses $143,057 annually,based on the average of actual
expenses incurred in the prior two fiscal years.
Amortization Method New UAAL amortization bases are amortized over the
following amortization periods:
Experience: 10 Years.
Assumption/Method Changes: 20 Years.
Benefit Changes: 30 Years.
Bases established prior to the valuation date are adjusted
proportionally to match the Expected Unfunded
Actuarial Accrued Liability as of the valuation date,in
order to align prior year bases with the portion of the
current year UAAL associated with prior year sources.
Retirement Age Earlier of age 57 and 10 years of Credited Service,or
upon completion of 22.5 years of Credited Service,re-
gardless of age. Additionally, any Member who has
reached Normal Retirement is assumed to continue em-
ployment for one additional year.
Early Retirement Commencing with the earliest Early Retirement Age
(45),members are assumed to retire with an immediate
subsidized benefit at the rates below:
% Retiring
During the Year
Age Rate
45-49 10.00%
50+ 25.00%
Disability Rate See table later in this section for sample rates. 44% of
disablements are assumed to be in-the-line-of-duty.
Termination Rate See table later in this section for sample rates.
Funding Method Entry Age Normal Actuarial Cost Method. The
following loads are applied for determining the
minimum required contribution:
Interest- a half year,based on current 7.25% assumption.
Salary -None.
Actuarial Asset Method All assets are valued at market value with an adjustment
made to uniformly spread actuarial investment gains and
losses (as measured by actual market value investment
return against expected market value investment return)
over a five-year period.
% Becoming Disabled % Terminating
During the Year During the Year
Age Rate Age Rate
20 0.14% 20 10.30%
30 0.18% 30 4.15%
40 0.30% 40 0.99%
50 1.00% 50 0.48%
SUMMARY OF CURRENT PLAN
Credited Service Total number of years and fractional parts of
years of service with the City as a Police Of-
ficer.
Salary Total compensation for services rendered,ex-
cluding off duty detail pay and lump sum sick
and vacation accrual and excluding overtime pay
over 300 hours per year.
Average Final Compensation Average Salary paid during the highest 5 years
of the last 10 years prior to retirement.
Member Contributions 10.775% of Salary.
Normal Retirement
Eligibility Age 55 and the completion of 10 years of Cred-
ited Service.
Benefit Amount 2.75% of Average Final Compensation
(AFC)times Credited Service
Maximum Benefit 100% of AFC.
Form of Benefit 10 Years Certain and Life thereafter(options
available).
Service Retirement
Eligibility The completion of 22.5 years of Credited Ser-
vice,regardless of age.
Benefit Amount 3.0% of Average Final Compensation
(AFC)times Credited Service up to a
maximum of 80%for the first 29.091 years,then
2.75% of AFC times Credited Service in excess
of 29.091 years.
Maximum Benefit Less than 29.091 years of Credited Service: 80%
of AFC. More than 29.091 years of Credited
Service: 100% of AFC.
Form of Benefit 10 Years Certain and Life thereafter(options
available).
Delayed Retirement
Eligibility Age 55 and the completion of 10 years of Cred-
ited Service.
Benefit Amount Same as for Normal Retirement except that the
benefit accrual rate is increased by .01% for
each month for the first 23 months of service
after attaining Normal Retirement Date and
.02% for the 24`h month after attaining Normal
Retirement Date,with a maximum benefit ac-
crual rate of 3.0%.
Maximum Benefit Less than 29.091 years of Credited Service: 80%
of AFC. More than 29.091 years of Credited
Service: 100% of AFC.
Form of Benefit 10 Years Certain and Life thereafter(options
available).
Early Retirement
Eligibility Age 45 and 10 years of Credited Service.
Benefit Amount Deferred benefit payable at Normal or Delayed
Retirement or immediate benefit reduced 3%per
year from Normal or Delayed Retirement Date.
Disability
Eligibility
Service Incurred Covered from Date of Employment.
Non-Service Incurred 10 years of Credited Service.
Exclusions Disability resulting from use of drugs,illegal
participation in riots, service in military,etc.
Benefit Benefit accrued to date of disability but not less
than 42% of Average Monthly Earnings if Ser-
vice Incurred(30%if Non-Service Incurred).
Duration Payable for life (with 1201monthly payments
guaranteed)or until recovery(as determined by
the Board). Optional forms of payment are
available.
Death Benefits
Pre-Retirement
Service Incurred Accrued benefit but not less than 30% of Aver-
age Monthly Earnings,payable as a 10 year cer-
tain and life annuity.
Non-Service Incurred
Less than 10 years service Refund of accumulated contributions with 3%
interest per annum.
10 years or more Accrued benefit otherwise payable at the Early
or Normal Retirement Date for life with 10 years
certain.
Post-Retirement Benefits payable to beneficiary in accordance
with option selected at retirement.
Vesting(Termination)
Less than 10 years of
Contributing Service Refund of Member Contributions with 3% inter-
est per annum.
10 years or more Accrued benefit payable at Normal or Delayed
Retirement Date or actuarial equivalent of same
benefit payable as early as age 50,if Member
contributions left in Fund.
or
Refund of Member Contributions with 3% inter-
est per annum.
Cost of Living Adjustment(COLA) Payable to all retirees of any type (Normal,De-
layed, Service,Early,Disability,Vested De-
ferred,Beneficiary,etc.).
In order to be eligible for the COLA,the Officer
must have been in active employment on or after
October 1,2015 (Officers who terminated prior
to that date are not eligible for the COLA).
The COLA adjustment will be 2.0% each year,
but the first adjustment will not be until 5 years
after retirement.
Board of Trustees Two City Commission appointees who are City
residents,two elected Members of the System,
and a fifth member elected by the other four and
appointed by Commission(as a ministerial
duty).
Deferred Retirement Option Plan
Eligibility Satisfaction of Age 57 with ll years of service
or 22.5 years of service,regardless of age.
Participation Not to exceed the earlier of 60 months or 5 years
after first eligibility(unless past first eligibility
when DROP is enacted).
Distribution Lump sum at termination of employment.
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 Kruss, 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 Weinberg Yes
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
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 3rd 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
OFFICE OF CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY- Robert Meyers, City Attorneyi�
DATE: July 12, 2024
SUBJECT: Ordinance Creating Code Section 48-46 to Install and Operate Speed
Detection Systems in City School Zones
July 18, 2024 City Commission Meeting Agenda (First Reading)
September 3, 2024 City Commission Regular Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve the attached ordinance enabling
the City to install and operate speed zone detection systems on roadways maintained as
school zones within the City and establish traffic enforcement procedures for school zone
speed limit violations.
BACKGROUND
In 2023, the Florida Legislature passed a law authorizing municipalities to use speed zone
detection systems to enforce school zone speeding violations in excess of 10 miles over
the posted speed limit. These systems are automated and can detect a motor vehicle's
speed using radar or LiDAR to capture a photograph or video of the rear of the motor
vehicle (similar to the technology used for Red Light Camera violations). Before a school
zone detection system can be installed, a municipality must demonstrate the applicable
school zones constitute a heightened safety risk that warrant additional traffic
enforcement measures based on traffic data collected prior to utilization of the speed
detection system. Moreover, a public hearing must be held at which time the traffic data
demonstrating a significant safety need for traffic infraction detectors is presented.
Furthermore, the municipality is required to create procedures for the issuance of notice
of violations and adopt a hearing framework whereby a local hearing officer will determine
whether school zone speeding violations have occurred. Finally, and before utilization of
the automated system for citing motorists for speeding in school zones, the City must
undertake a public awareness campaign and post signage regarding the placement of
said systems.
1
This ordinance may have a modest impact on the City's budget, as the City will receive a
percentage of the school zone citations issued through the automated system. However,
a service fee from each violation will be paid to the vendor to cover all costs associated
with system installation, maintenance, violation processing services, DMV records
access, program support, and access to the online SPE system for certified police officer
review. Additionally, the City will incur costs related to retaining a hearing officer and
handling enforcement and appeals.
2
Rr=dSpc:c:dl&
School Zone Speed Study
Conducted by RedSpeed for City of Aventura
January 30th, 2024
,r
1
a is • - .
j� 14
CONTACT Greg Parks, VP ofSales I greg.parks@redspeed.com
Speed traffic studies demonstrated more than 100 daily drivers
exceeding the posted speed by more than 10+ mph
at one (1) City of Aventura school zone.
Schools
Don Soffer High School NE 21311 St. 783
Aventura Charter Elementary School NE 188th St. 69
RedSpeed® Florida
- Florida Schools Speed Study
Don Soffer High School, Aventura
Study Location:NE 213th St. .. Westbound)
SCHOOL ZONE SPEED LIMIT(During Enforced Hrs): 15 MPH
SPEED LIMIT(During Normal Hrs): 35 MPH
VIOLATION TRIGGER SPEED: 26 MPH and 46 MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION: 6:45AM —8:30AM / 2:15PM—2:45PM / 3:OOPM —
_ 3:45 P M
STUDY DATE&TIME: 01/30/2024, 6:00 AM —6:00 PM
TRAFFIC STUDY VEHICLE COUNT: 6,422
WEATHER CONDITIONS: FAIR, NO RAIN
#OF LANES: TWO LANES IN EACH DIRECTION (Both Lanes)
VIOLATIONS DETECTED: 783
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Don Soffer High School, Aventura
Violations Recorded:
Traffic Count:
0 1,000 2,000 3,000 4,M 5,000 6,001) 7,000
Speeding Vehicles
350 E 329
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300
250 4 4 4 ti
200
150
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100
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6:45am-8:30am 8:30am-2:15pmf2:45pm-3:00pm 2:15pm-2:45pmf 3:00pm-3:45pm
6:00 7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+MPH 47 177 44 0 0 0 0 0 134 195 597
46+MPH 0 0 0 46 39 34 35 29 3 0 186
Total 47 177 44 46 39 34 35 29 137 195 783
RedSpeed® Florida
- Florida Schools Speed Study
Aventura Charter Elementary, Aventura
Study Location:NE 188th St. .. Westbound)
SCHOOL ZONE SPEED LIMIT(During Enforced Hrs): 15 MPH
SPEED LIMIT(During Normal Hrs): 30 MPH
VIOLATION TRIGGER SPEED: 26 MPH and 41 MPH (Respectively)
SCHOOL ZONE HOURS OF OPERATION: 7:30AM—8:45AM/2:30PM—3:45PM
STUDY DATE&TIME: 01/30/2024, 6:00 AM—6:00 PM
TRAFFIC STUDY VEHICLE COUNT: 1,557
WEATHER CONDITIONS: FAIR, NO RAIN
#OF LANES: TWO LANES IN EACH DIRECTION (Both Lanes)
VIOLATIONS DETECTED: 69
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RedSpeed® Florida
Aventura Charter Elementary, Aventura
RON
ON
ISOMEN
Violations Recorded: 59
mfflk
Traffic Count:
0 200 400 600 800 1,000 1,200 1,400 1,600 1,800
Speeding Vehicles
45
40
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7:30am-8:45am 8:45am-2:30pm 2:30pm -3:45pm
7:00 8:00 9:00 10:00 11:00 12:00 13:00 14:00 15:00 Total
26+MPH 26 15 0 0 0 0 0 1 16 58
41+MPH 0 0 2 2 7 0 0 0 0 11
Total 26 15 2 2 7 0 0 1 16 69
RedSpeed® Florida
CITY OF AVENTURA ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, CREATING SECTION 48-46 OF THE CITY'S
CODE OF ORDINANCES TO AUTHORIZE THE PLACEMENT,
INSTALLATION, AND OPERATION OF SPEED DETECTION SYSTEMS
ON ROADWAYS MAINTAINED AS SCHOOL ZONES, ESTABLISH
TRAFFIC ENFORCEMENT PROCEDURES WHEN SPEED DETECTION
SYSTEMS ARE UTILIZED FOR SCHOOL ZONE SPEED LIMIT
VIOLATIONS, AND CREATE HEARING PROCEDURES RELATING TO
SUCH SCHOOL ZONE SPEED LIMIT VIOLATIONS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, on July 1, 2023, House Bill 657, as codified under Chapter 2023-174
of the Laws of Florida, went into effect, authorizing municipalities to use speed detection
systems to enforce school zone speeding violations in excess of 10 miles over the posted
speed limit (among other things) during certain times and days (the "SDS"); and
WHEREAS, a speed detection system is defined in Section 316.003, Florida
Statutes, as a portable or fixed automated system used to detect a motor vehicle's speed
using radar or LiDAR and to capture a photograph or video of the rear of a motor vehicle
that exceeds the speed limit in force at the time of the violation; and
WHEREAS, Section 316.008, Florida Statutes further authorizes cities to place or
install, or contract with a vendor to place or install, a speed detection system within a
roadway maintained as a school zone as provided in Section 316.1895, Florida Statutes,
to enforce unlawful speed violations; and
WHEREAS, prior to utilizing SDS to enforce eligible school zone speeding
violations, municipalities must first determine whether a school zone constitutes a
heightened safety risk that warrants additional traffic enforcement measures based on
traffic data collected prior to utilization of the SDS in any particular school zone; and
WHEREAS, Section 316.008, Florida Statutes provides that prior to utilizing SDS
to enforce eligible school zone speeding violations, municipalities are required to adopt
an ordinance authorizing the placement and installation of SDS, and creating traffic
enforcement procedures relating to the enforcement of school zone speed limits through
the use of SDS; and
WHEREAS, consistent with the requirements of Section 316.008, Florida Statutes,
in consideration of creating a speed detection system program, the City held a public
City of Aventura Ordinance No. 2024-
hearing on July 18, 2024 at which traffic data demonstrating a significant safety need for
traffic infraction detectors was presented; and
WHEREAS, in accordance with and pursuant to the provisions of Section
316.008, Florida Statutes, the City has considered traffic data or other evidence
supporting the installation and operation of each proposed school zone speed detection
system, and has determined that school zones at the Aventura City of Excellence School
and the Don Soffer Aventura High School (collectively, the "School Zones") constitute a
heightened safety risk that warrants additional enforcement measures of a speed
detection system to be placed or installed at these School Zones; and
WHEREAS, in order to mitigate the heightened safety risks at School Zones, the
City desires to adopt this Ordinance to, among other things, (1) make findings that the
School Zones constitute heightened safety risks that warrant additional enforcement
measures based on the relevant evidence presented at the public hearing on July 18,
2024; (2) authorize the placement, installation, and operation of SDS at the School
Zones; (3) create procedures for the issuance of notice of violations for school zone
speeding violations by duly qualified traffic infraction officers; and (4) establish a hearing
framework whereby a local hearing officer will determine whether school zone speeding
violations have occurred; and
WHEREAS, the City Commission finds it to be in the best interest of the public,
health, safety, and welfare of its residents to adopt this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. Ratification. That the foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific part of
this ordinance.
Section 2. City Code Amended. The City Commission of the City of Aventura
hereby creates Section 48-46 of the Code of Ordinances as follows'
Chapter 48 —Vehicles, Use of Rights-of-way, Parking and Other Regulations
ARTICLE VI. —Speed Detection Systems in School Zones.
Coding: StFikethrough weFds- are deletions to the existing words. Underlined words are additions to the
existing words. Changes between first and second reading are indicated with yellow highlight and double
stFikethwugh or double underline.
Page 2 of 6
City of Aventura Ordinance No. 2024-
*******************************************************************
Section 48-46. — RESERVED Speed Detection Systems in School Zones
(a) Purpose and intent.
(1) The City elects to commence the use of Automated Speed Detection
Systems ("SDS") in school zones within its jurisdiction in accordance
with the provisions of state law, including Chapter 316, Florida
Statutes, and authorizes the placement of SDS within School Zones in
the City in accordance with Chapter 316, Florida Statutes.
(2) The City shall utilize SDS consistent with and pursuant to all
applicable provisions of state law in order to detect, process and
penalize speeding in its school zones, as set forth in the Florida
Uniform Traffic Control Law. The use of SDS shall be deemed a
supplemental means of enforcing state law, and nothing herein shall
be construed or operate to preclude the enforcement of the Florida
Uniform Traffic Control Law by any other means provided by law.
(b) Definitions.
For purposes of this ordinance, the following terms shall have the meanings
given to them below.
(1) Motor vehicle shall mean, as defined by Section 316.003(46), Florida
Statutes: a self-propelled vehicle not operated upon rails or guideway,
but not including any bicycle, electric bicycle, motorized scooter, electric
personal assistive mobility device, mobile carrier, personal delivery
device, swamp buggy, or moped.
(2) School zone shall mean that portion of a street or highway established
as a school zone pursuant to Section 316.1895, Florida Statutes, as it
may be amended.
(3) Speed detection system shall mean a portable or fixed automated
system used to detect a motor vehicle's speed using radar or LiDAR and
to capture a photograph or video of the rear of a motor vehicle that
exceeds the speed limit in force at the time of the violation, as defined
in Section 316.003, Florida Statutes, as it may be amended.
(c) Authorizing Use of School Zone Speed Limit Detection Systems.
Pursuant to Section 316.008(9), Florida Statutes, the City of Aventura hereby elects
to use speed detection systems to enforce school zone speed limits within the City's
jurisdiction. The City may utilize a speed limit detection system as a supplemental
Page 3 of 6
City of Aventura Ordinance No. 2024-
means of monitoring the speed of vehicles and assisting law enforcement personnel
in the enforcement of compliance with laws related to speed limits within school
zones as permitted and provided for by general law, which are designed to protect
and improve the public health, safety, and welfare of the community and thereby
reduce accidents, injuries, and disruption of traffic associated with such violations.
(d) Determination of Safety Need.
SDSs are authorized for use at the following locations, based upon the City
Commission's finding that the school zones where speed detection systems are to
be placed or installed constitute a heightened safety risk that warrant additional
enforcement measures:
• AVENTURA CITY OF EXCELLENCE SCHOOL — 3333 NE 188T"
STREET, AVENTURA. FL
• DON SOFFER AVENTURA HIGH SCHOOL — 351 NE 213T"
STREET, AVENTURA. FL
(e) Implementation of Speed Limit Detection Systems in School Zones.
(1) In accordance with the Laws of Florida, as of the effective date of this
ordinance, the City authorizes the implementation of the provisions and
requirements of Sections 316.008 and 316.1896, Florida Statutes. The
City will implement speed detection systems within the City of Aventura
consistent with the placement and installation specifications established
by the Florida Department of Transportation, as such may be amended
from time to time, to enforce unlawful speed violations, as specified in
Sections 316.1895 and 316.183, Florida Statutes, on roadways
maintained as school zones.
(2) Designation of Local Hearinq Officer. The City's Special Magistrate, as a
Local Hearinq Officer, is designated to conduct hearings requested by
alleged violators desiring to contest notices of violation detected by SDS
in accordance with Chapter 316, Florida Statutes.
(3) Designation of Local Hearinq Officer Clerk. The Special Magistrate Clerk
is designated to serve as the clerk for the Local Hearinq Officer.
(4) Pursuant to Section 316.1896, Florida Statutes, a traffic infraction
enforcement officer under Section 316.640, Florida Statutes, is authorized
to issue uniform traffic citations for violations of Sections 316.1895 and
316.183, Florida Statutes, as authorized by Section 316.008(9), Florida
Statutes.
Page 4 of 6
City of Aventura Ordinance No. 2024-
(5) Notices, Penalties and Appeals. The City's Police Chief, or designee, shall
provide notices of violation, assess penalties, remit applicable portions of
assessed penalties, and provide for hearing procedures and appeals
consistent with the requirements of the administration and enforcement of
the SDS under Chapter 316, Florida Statutes, as such may be amended
from time to time.
(6) Signage and Public Awareness Campaign. The City's Police Chief, or
designee, shall post signage and conduct a public awareness campaign
regarding the placement or installation of speed detection systems
consistent with the administration and enforcement of the SDS under
Chapter 316, Florida Statutes, as such may be amended from time to time.
(7) Reporting. The City's Police Chief, or designee, shall comply with the SDS
reporting requirements under Chapter 316, Florida Statutes, as such may
be amended from time to time.
Section 3. Conflicts. That all ordinances or parts of ordinances, all City Code
sections or parts of City Code sections, and all resolutions or parts of resolutions in conflict
with this ordinance are hereby repealed to the extent of such conflict.
Section 4. Severability. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence, clause 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 part hereof other than the part declared invalid.
Section 5. Codification. That the provisions of this ordinance shall be codified
within the Code of Ordinances of the City of Aventura, Florida, and any paragraph or
section may be renumbered to conform with the Code of Ordinances.
Section 6. Effective Date. That this ordinance shall become effective upon its
passage on second and final reading.
The foregoing Ordinance was offered by Vice Mayor Dr. Marks, 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 Absent
Vice Mayor Dr. Linda Marks Yes
Mayor Howard S. Weinberg Yes
Page 5 of 6
City of Aventura Ordinance No. 2024-
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
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED on first reading this 18t" day of July, 2024.
PASSED AND ADOPTED on second reading on this V day of September, 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 6 of 6
CITY OF "ENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director
DATE: August 30, 2024
SUBJECT: Ordinance Amending 2023/24 Charter School Fund (ACES) Budget -
UPDATED
July 18, 2024 City Commission Meeting Agenda (First Reading)
September 3, 2024 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
the 2023/24 Charter School Fund (ACES) Budget. The total amount of the amendment
is $3,132,250. Since the 1st reading of this amendment on July 18, 2024, ESSER fund
reimbursements have been received by the City, therefore increasing the School's Grant
Revenue. The amendment for 2nd reading reflects this increase in the amount of Grant
Revenue and reduces the Transfers in Revenue line items by the same amount.
BACKGROUND
As we close the ACES year-end, it is necessary to formally amend the 2023/2024 budget
to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of
the actual expenditures.
As a result, the attached document has been prepared by City staff in collaboration with
the ACES' Administration to project the final year-end revenues and expenditures to
ensure that any revenue overages and expenditure overruns are properly identified and
adjusted where necessary. This "clean up" amendment process is a normal part of our
year-end fiscal operations and is in large part due to the Referendum Funds that the City
received for ACES and ESSER grant funding.
All revenues and expenditures have been reviewed, analyzed and will be adjusted if
necessary. The explanations provided are not designed to be all inclusive, but rather
provide a framework for the necessary adjustments. Listed below is a summary of the
ACES 2023/24 amendments, explanations that support each recommendation and the
supporting schedule — "Exhibit A".
1
REVENUE: $3,132,250 net increase
3316000- Grant Revenue - ESSER— Under the CARES Act, Federal Funds are provided
by the Elementary and Secondary School Emergency Relief ("ESSER") Grant. These
funds are being passed through the Florida Department of Education and are provided to
address the impact that COVID-19 has had, and continues to have, on Florida elementary
and secondary schools including:
• Developing and implementing plans for educational services
• Continued learning by ensuring safety and health of students and staff
• Assessing and addressing learning gaps
• Providing academic support, and
• Addressing social and emotional needs.
A budget amendment of $741,470 is necessary to account for the actual ESSER
reimbursement received in fiscal year 2023/24. Reimbursements received this year were
from submissions for monies spent in the previous fiscal years. Since the 1st reading of
this amendment, a deposit for $1.3M was received from ESSER III for 2021-2022
submissions and therefore the City is able to increase the Grant Revenue line item.
3359100— Florida Education Finance Program—requires a $323,027 budget amendment
as the amount to be received by the school increased from the originally adopted
budgeted amount.
3359302 — Referendum Funds — requires a $545,740 budget amendment as the ACES
referendum allocation for the current fiscal year 2023/24 was more than anticipated in the
originally adopted budget. The referendum payouts are recorded in the Stipends
expenditure line item of each division.
3359910 — Capital Outlay — requires a $43,238 budget amendment as the amount to be
received by the school increased from the originally adopted budget amount.
3479050/3661955 — After School Programs/Field Trips/Special Programs — requires a
$31,050 and $206,975 budget amendment respectively, as the amount to be received by
the school was greater than the originally adopted budget amount. During the fiscal year
there was increased participation in after school programs and field trips. Additionally, this
year the payment process changed from the way it was in the prior year for the large field
trips (i.e., D.C., Virginia and Charleston/Savannah). Families paid the school, as opposed
to paying the field trip company directly and the school then paid the company.
Corresponding expenditure line items have increased below as well.
3665000 — Other Private Source Revenue — requires a $66,350 budget amendment as
the amount to be received by the school increased from the originally adopted budget
amount due to the receipt of the billboard revenue.
2
3811039—Transfers in — requires a $1,174,400 budget amendment due to overages that
the school experienced throughout the year. The $2.5M that the City anticipated
transferring to the School during 1st reading of this amendment has been reduced due to
the receipt of additional ESSER reimbursements from prior years that the City did not
expect to receive before the close of the School's fiscal year or shortly thereafter.
EXPENDITURES: $3,132,250 net increase
ACES personnel and operating expenditures are analyzed in total as opposed to by
division (K-3, 4-8, etc.) as there is movement of resources throughout the year. The
amount of the increase or decrease will be notated in the appropriate division in Exhibit
A, but is outlined in total below:
Personnel Expenditures: $1,331,300 increase
Salaries 0211-1260) for all divisions
1211 —Administrators — ($56,000)
1220 —Teacher - $509,000
1230 — Other certified instruction - $91,000
1250 —Teacher Assistant — ($78,000)
1260 — Other support personnel — ($20,000)
Total - $446,000
The annual salary increases that teachers received were 3% or 2% based on
performance and 2.5% was in the originally adopted budget.
During the School year there were more leaves than anticipated during the adoption of
the original budget which increased the teacher salary line item in the Substitute Teachers
Division by $140,000.
The Teachers Assistants in K-3 were originally budgeted as Part-Time positions and
during the fiscal year the positions became Full-Time, which was an increase of
approximately$172,200. Additionally, the Media Assistant was budgeted as part-time and
worked full-time during the school year, resulting in an increase of approximately$24,600.
Vacation and sick accrual payouts for City Staff now transferring to Charter Schools USA
("CSUSA") are approximately $100,000 which was not included in the originally adopted
budget.
Bonuses 0 502)—A budget amendment of$11,500 is required as staff received bonuses
that were not anticipated in the originally adopted budget.
Stipends (1503) — A budget amendment to stipends for $796,700 is required. ACES
received $545,740 more in referendum stipends than originally budgeted as described in
the revenue section. The remainder of $250,960 make up other stipends given to
3
employees for performing additional duties, i.e., afterschool, tutoring and Saturday
School, etc. which were more than anticipated in the originally adopted budget.
Social Security (2101) — A budget amendment of $56,500 is required as there were
increases in salaries and stipends throughout ACES leading to increased social security
costs that were not anticipated in the originally adopted budget.
Pension (2201)—A budget amendment of$6,100 is required as there were more pension
expenditures than anticipated in the originally adopted budget.
Health, Life & Disability Insurance (2301) —A $80,500 budget amendment is required as
the actual health insurance costs were higher than anticipated in the originally adopted
budget.
Workers' Compensation (2401) —Workers' compensation was budgeted higher than the
actual amount spent. A budget amendment to reduce the line item by ($66,000) is
required.
Operating Expenditures: $1,455,000 increase
3190—Prof&Tech Services—Transit Services—requires a $125,000 budget amendment
as the costs of the buses for students were more than anticipated in the originally adopted
budget due to bus monitors and double runs.
3190 — Prof & Tech Services — SPED — requires a $80,000 budget amendment as this
includes the tier 3 Mental Health professional paid through Progressus. This amount is
expected to be reimbursed by ESSER grant funds. Of the original $125,000 budgeted
amount, only $55,000 was expected to be ESSER reimbursed.
3114 — After School Programs — requires a $55,000 budget amendment as there was
more participation than anticipated in the originally adopted budget. There is a
corresponding revenue line item, 3479050 —After School Programs that also increased.
3435 — Instructional Support — requires a $30,000 budget amendment as the
expenditures for contracted vendors that provide additional instructional support to the
school for substitutes increased. This increase was offset by reductions in the other
school divisions. The amounts paid to vendors for substitute teachers will be submitted
for ESSER reimbursement and is estimated to be approximately $40,000.
4001 — Travel/Conference/Training — requires a budget amendment of $175,000 as
additional travel for meetings and conference attendances took place that were not in the
originally adopted budget (i.e., CSUSA 25t" Anniversary National Conference).
Additionally, reimbursements for additional certification and endorsement courses are
also included in this amount. Approximately $105,000 of this amount will be submitted
for ESSER reimbursement.
4
4855 — Field Trips/School Events — requires a budget amendment of $235,000 as there
was more activity during the year than anticipated in the originally adopted budget.
Additionally, this year, the families paid the school directly and then the school paid the
vendor which is different from how it was done in prior years with parents paying the
vendors directly. There is a corresponding revenue line item, 3661995 - Field
Trips/Special Programs which relates to the revenue as described above.
4620/4635 — Contract — Building Maintenance/Repairs & Maintenance — requires a
budget amendment of $235,000 and $110,000, respectively as expenditures were more
than anticipated in the originally adopted budget. Items such as janitorial services and
facilities maintenance including painting and miscellaneous repairs are included in these
line items.
5290 — Other Materials & Supplies — requires a budget amendment of $25,000 due to
more classroom and office supplies purchased throughout the year and printing of
materials for students than anticipated in the originally adopted budget.
5411 — Textbooks - requires a $370,000 budget amendment for textbooks and
instructional materials. $148,000 was originally budgeted to be ESSER funded in fiscal
year 2023/24 and the actual amount spent was approximately $490,000, increasing the
ESSER funded portion by $342,000.
5901 — Athletic Events — requires a $15,000 budget amendment as Founders Park was
closed leading to more away games than anticipated. This required ACES to incur higher
transportation costs. A small portion of the increase is also due to athletic supplies and
fees for items such as jerseys, banners and registration.
Capital Outlay: $345,950 increase
6402 — Computer Equipment < $5,000 requires a budget amendment of $215,200.
$148,975 is due to the payment at the beginning of FY 2023/24 which should have been
paid for in the prior fiscal year 2022/23. Additionally, items totaling $136,260 were
purchased during FY 2023/24 which were not budgeted. These items will be reimbursed
by ESSER funding. These increases were offset by savings on projects that were
budgeted for but not completed.
6410 — Furniture, fixtures & equipment requires a ($34,250) budget amendment as the
replacement of the playground surfacing project originally budgeted for $75,000 was not
completed during the year. An LU Playground was purchased for $40,750 which was not
in the originally adopted budget and will be submitted for reimbursement from ESSER
funding.
6420 — Repairs & Replacements requires a $165,000 budget amendment due to the new
AC units purchased that were not in the originally adopted budget.
5
If you should have any questions related to this memorandum, please feel free to contact
the City Manager.
6
CITY OF AVENTURA ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2023-08, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2023/2024 (JULY 1 — JUNE 30) BY
REVISING THE 2023/2024 FISCAL YEAR BUDGET DOCUMENT AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements of
the Aventura City of Excellence School and upon the recommendations of the City
Manager (and the concurrence of the Finance Director as to Accounting Principles), it is
deemed necessary to adjust, amend and implement the 2023/2024 Operating and Capital
Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached
hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2023-08, which Ordinance adopted a budget for the 2023/2024 fiscal year
for the Aventura City of Excellence School by revising the 2023/2024 budget as set forth
on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though
set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
City of Aventura Ordinance No. 2024-
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, 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 Absent
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
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED on first reading this 18t" day of July, 2024.
PASSED AND ADOPTED on second reading this V day of September, 2024.
Page 2 of 3
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 ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 3 of 3
City of Aventura
Aventura City of Excellence School
Charter School Fund
FY 2023-2024 Budget Amendment
Exhibit A
Budget Amended
Object School Adopted Budget Amendment Budget
Code Function Description FY 2023-2024 FY 2023-2024 FY 2023-2024
SchoolCharter
Revenues
State Shared Revenues
3316000 3340 Grant Revenue $ 1,123,136 $ 741,470 $ 1,864,606
3359100 3310 Florida Education Finance Program 8,450,682 323,027 8,773,709
3359302 3495 Referendum Funds 950,000 545,740 1,495,740
3359910 3391 Capital Outlay 699,185 43,238 742,423
Subtotal $ 11,223,003 $ 1,653,475 $ 12,876,478
Charges for Services
3479050 3473 After School Programs $ 140,000 $ 31,050 171,050
Subtotal $ 140,000 $ 31,050 $ 171,050
Miscellaneous Income
3661955 3467 Field Trips/Special Programs $ 125,000 $ 206,975 331,975
3665000 3469 Other Private Source Revenue 51,644 66,350 117,994
Subtotal $ 176,644 $ 273,325 $ 449,969
Other Non-Revenues
3811039 3610 Transfers in $ 1,081,371 $ 1,174,400 2,255,771
Subtotal $ 1,081,371 $ 1,174,400 $ 2,255,771
Total Charter School Fund Revenues $ 12,621,018 $ 3,132,250 $ 15,753,268
SchoolCharter
Expenditures
190-6001-569
K-3 Basic 5101
Personnel Services
1220 120 Teacher $ 1,929,413 $ 280,000 2,209,413
1230 130 Other Certified Instruction 215,734 23,000 238,734
1250 150 Teacher Assistant 239,791 (78,000) 161,791
1503 291 Stipends 293,937 344,000 637,937
2101 221 Social Security- matching 207,318 43,500 250,818
2301 231 Health, Life&Disability Insurance 335,030 53,000 388,030
2401 241 Workers' Compensation 37,345 (35,000) 2,345
Subtotal $ 3,258,568 $ 630,500 $ 3,889,068
Operating Expenditures
3435 300 Instructional Support $ 45,000 $ (45,000) -
5411 520 Textbooks 108,000 20,000 128,000
Subtotal $ 153,000 $ (25,000) $ 128,000
Total K-3 Basic 5101 $ 3,411,568 $ 605,500 $ 4,017,068
Budget Amended
Object School Adopted Budget Amendment Budget
Code Function Description FY 2023-2024 FY 2023-2024 FY 2023-2024
190-6002-569
4-8 Basic 5102
Personnel Services
1220 120 Teacher $ 2,632,430 $ 119,000 2,751,430
1230 130 Other Certified Instructors 163,404 68,000 231,404
1503 291 Stipends 442,912 394,000 836,912
2401 241 Workers' Compensation 45,410 (31,000) 14,410
Subtotal $ 3,284,156 $ 550,000 $ 3,834,156
Operating Expenditures
3435 300 Instructional Support $ 55,000 $ (55,000) -
4001 330 Travel/conference/training 18,000 125,000 143,000
5290 590 Other Materials &Supplies 77,100 25,000 102,100
5411 520 Textbooks 170,000 350,000 520,000
5901 791 Athletic Activities 25,000 15,000 40,000
Subtotal $ 345,100 $ 460,000 $ 805,100
Total 4-8 Basic 5102 $ 3,629,256 $ 1,010,000 $ 4,639,256
190-6003-569
Exceptional Student Program 5250
Personnel Services
1220 120 Teacher $ 164,947 $ (30,000) $ 134,947
1503 291 Stipends 23,016 30,000 53,016
Subtotal $ 187,963 $ - $ 187,963
Operating Expenditures
3190 310 Prof&Tech Services-SPED $ 125,000 $ 80,000 $ 205,000
Subtotal $ 125,000 $ 80,000 $ 205,000
Total ESP 5250 $ 312,963 $ 80,000 $ 392,963
190-6004-569
Substitute Teachers 5901
Personnel Services
1220 120 Teacher $ 141,989 $ 140,000 $ 281,989
1503 291 Stipends - 15,000 15,000
2101 221 Social Security- matching 10,862 13,000 23,862
Subtotal $ 152,851 $ 168,000 $ 320,851
Operating Expenditures
3435 300 Instructional Support $ 55,000 $ 130,000 $ 185,000
Subtotal $ 55,000 $ 130,000 $ 185,000
Total Substitute Teachers 5901 $ 207,851 $ 298,000 $ 505,851
Budget Amended
Object School Adopted Budget Amendment Budget
Code Function Description FY 2023-2024 FY 2023-2024 FY 2023-2024
190-6005-569
Instruct Media Services 6200
Personnel Services
1503 291 Stipends $ - $ 1,200 $ 1,200
2301 231 Health, Life &Disability Insurance 17,299 7,500 24,799
Subtotal $ 17,299 $ 8,700 $ 25,999
Total Instruct Media Services 6200 $ 17,299 $ 8,700 $ 25,999
190-6006-569
School Administration 7300
Personnel Services
1211 110 Administrators $ 206,508 $ (56,000) 150,508
1260 160 Other Support Personnel 410,214 (20,000) 390,214
1502 291 Bonuses - 11,500 11,500
1503 291 Stipends - 12,500 12,500
- Subtotal $ 616,722 $ (52,000) $ 564,722
Operating Expenditures
3114 750 After School Programs $ 80,000 $ 55,000 135,000
4001 330 Travel/Conferences/Training 15,000 50,000 65,000
4855 790 Field Trips/School Events 125,000 235,000 360,000
Subtotal $ 220,000 $ 340,000 $ 560,000
Total School Administration 7300 $ 836,722 $ 288,000 $ 1,124,722
190-6007-569
Pupil Transit Services 7800
Operating Expenditures
3190 310 Prof&Tech Services $ 381,775 $ 125,000 $ 506,775
Total Pupil Transit Services 7800 $ 381,775 $ 125,000 $ 506,775
190-6008-569
Operation of Plant 7900
Personnel Services
2201 211 Pension $ 30,565 $ 6,100 36,665
2301 231 Health, Life &Disability Insurance 39,646 20,000 59,646
Subtotal $ 70,211 $ 26,100 $ 96,311
Operating Expenditures
4620 350 Contract- Building Maintenance $ 207,000 $ 235,000 $ 442,000
4635 350 Repairs &Maintenance 95,000 110,000 205,000
Subtotal $ 302,000 $ 345,000 $ 647,000
Total Operation of Plant 7900 $ 372,211 $ 371,100 $ 743,311
Budget Amended
Object School Adopted Budget Amendment Budget
Code Function Description FY 2023-2024 FY 2023-2024 FY 2023-2024
190-6010-569
Capital Outlay 7400
Capital Outlay
6402 643 Computer Equipment< $5,000 $ 338,250 215,200 $ 553,450
6410 640 Equipment 75,000 (34,250) 40,750
6420 640 Repairs&Replacements - 165,000 165,000
otal Capital Outlay 7400 $ 413,250 $ 345,950 $ 759,200
Total Charter School Fund -Expenditures $ 9,582,895 $ 3,132,250 $ 12,715,145