10-01-2024 City Commission 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
October 1, 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 October 1, 2024
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
• Proclamations
• Special Recognitions
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:
• September 3, 2024 City Commission First Budget Public Hearing
• September 3, 2024 City Commission Regular Meeting
• September 10, 2024 City Commission Second Budget Public Hearing
• September 19, 2024 City Commission Regular Workshop
B. A MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF BARBARA
BUXTON, ESQ. AND DANIEL NAIM AND APPOINTMENT OF CLIFFORD SCHULMAN, ESQ.
AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT
PROCESS.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE
CITY OF AVENTURA AND THE TOWN OF BAY HARBOR ISLANDS FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING AND ADOPTING THE PROGRAM FOR A PUBLIC INFORMATION (PPI)
DOCUMENT, WHICH INCLUDES THE FLOOD INSURANCE COVERAGE IMPROVEMENT
PLAN, AND THE FLOOD RESPONSE PREPARATION PLAN; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA
DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
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Aventura City Commission Regular Meeting Agenda October 1, 2024
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
SELECTING THE FIRM OF CAP GOVERNMENT, INC. TO PERFORM BUILDING AND PLAN
REVIEW SERVICES IN ACCORDANCE WITH ISQ #24-08-30-3; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING
NEGOTIATIONS WITH AN ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES
SHOULD NEGOTIATIONS WITH THE SELECTED FIRM BE UNSUCCESSFUL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH REDSPEED
FLORIDA, LLC FOR SPEED DETECTION CAMERAS IN DESIGNATED SCHOOL ZONES;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH BERRY DUNN
MCNEIL & PARKER, LLC TO PROVIDE IMPLEMENTATION SERVICES TO THE CITY;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
RATIFYING A CONSTRUCTION AGREEMENT WITH ISLAND CONSTRUCTION GROUP,
INC. TO REPLACE THE MEZZANINE DECK AT THE GOVERNMENT CENTER; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
RATIFYING AN AGREEMENT WITH HPF ASSOCIATES, INC. FOR SERVICES RELATED
TO THE REPLACEMENT OF THE MEZZANINE DECK AT THE GOVERNMENT CENTER;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA,
AWARDING A CONTRACT TO TAPIA LUIS M SERVICE CORP. DBA L&M ELECTRICAL
CONTRACTORS, IAM ELECTRIC, INC., AND PHASE 2 ELECTRIC, LLC DBA WESWORTH
ELECTRIC FOR ON-CALL ELECTRICAL REPAIR AND MAINTENANCE SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
6. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None.
7. ORDINANCES — FIRST READING/PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2,
"ADMINISTRATION," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE
SECTION 2-261, "PROHIBITION AGAINST CONTRACTING WITH PARTIES THAT
BOYCOTT ISRAEL," TO ESTABLISH CONTRACT PROCEDURES FOR ALL CITY
CONTRACTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES — SECOND READING/PUBLIC HEARINGS: None.
9. RESOLUTION/PUBLIC INPUT:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA;
SUPPORTING PEACE AND SECURITY FOR ISRAELIS AND PALESTINIANS;
SUPPORTING THE INDICTMENT, CAPTURE AND PROSECUTION OF HAMAS
LEADERSHIP; AND PROVIDING FOR EFFECTIVE DATE.
Page 2 of 3
Aventura City Commission Regular Meeting Agenda October 1, 2024
10. REPORTS
• Intersection Safety Program Annual Report — City Manager
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
FUTURE MEETINGS
Meeting dates, times, and location are subject to change. Please check the City's website for the most
current schedule. Meetings will be held at the City of Aventura Government Center (19200 West
Country Club Drive,Aventura).
COMMISSION SPECIAL MEETING AND REGULAR WORKSHOP—OCTOBER 17,2024 AT 9 AM
COMMISSION INAUGURATION CEREMONY—NOVEMBER 12,2024 AT 7 PM
COMMISSION REGULAR MEETING—NOVEMBER 19,2024 AT 6 PM
COMMISSION REGULAR WORKSHOP—NOVEMBER 22,2024 AT 9 AM
This meeting is open to the public.In accordance with the Americans with Disabilities Act of 1990,all persons who are
disabled and who need special accommodations to participate in this meeting because of that disability should contact
the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through
the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
Page 3 of 3
CITY OF "ENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission
FROM: Ellisa L. Horvath, MMC, City Clerk
DATE: October 4, 2024
SUBJECT: Approval of Minutes
October 8, 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:
• September 3, 2024 City Commission First Budget Public Hearing
• September 3, 2024 City Commission Regular Meeting
• September 10, 2024 City Commission Second Budget Public Hearing
• September 19, 2024 City Commission Regular Workshop
Should you have any questions, please contact me.
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AVENTURA CITY COMMISSION
FIRST BUDGET PUBLIC HEARING MINUTES
SEPTEMBER 3, 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 6:03 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, 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. PUBLIC HEARINGS:
ORDINANCES — FIRST READING — 2024/2025 BUDGET:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND
ADOPTING THE CITY OF AVENTURAAD VALOREM TAX OPERATING MILLAGE LEVY
RATE AT 1.7261 MILLS PER THOUSAND DOLLARS OF TAXABLE ASSESSED
PROPERTY VALUE, WHICH AS A PERCENT (%) CHANGE OF ROLLED-BACK RATE
OF 1.5879 MILLS IS 8.70%ABOVE THE ROLLED-BACK RATE COMPUTED PURSUANT
TO STATE LAW, FOR THE 2024 TAX YEAR; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval of the Ordinance was offered by Commissioner Bloom and
seconded by Commissioner Friedland.
Mr. Wasson reviewed the item and reported on the same millage rate for the 29th year in
a row.
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.
'Participated via virtual communications media technology.
Aventura City Commission First Budget Public Hearing Minutes
September 3, 2024
Mrs. Horvath read the following Ordinance title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED
AND APPROVED BY THE CITY COMMISSION AT THE REVIEW MEETING HELD
ON JULY 18, 2024 AS THE CITY OF AVENTURA FINAL BUDGET FOR THE
2024/2025 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR
AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES
AND THE RE-APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS;
ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE;
PROVIDING FOR SEVERABILITY; 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 provided a brief overview of the budget totaling $66,617,424.
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.
4. 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 6:15
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on October 1 , 2024.
Page 2 of 2
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AVENTURA CITY COMMISSION
REGULAR MEETING MINUTES
SEPTEMBER 3, 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 6:15 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, City Manager
Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a
quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was done at the City Commission First
Budget Public Hearing.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
A moment of silence was observed in recognition of the first Commission regular meeting
since the passing of Commissioner Michael Stern on July 25, 2024.
The posting of the flags at half-staff was noted and a moment of prayer was observed in
recognition of those hostages that recently lost their lives in the Gaza Strip.
• Proclamations: A proclamation was noted designating Robert M. Swedroe
Day (September 3, 2024). Proclamations were presented to Allyson Vaulx, Feeding South
Florida, designating Hunger Action Month (September 2024) and to Silvia Dominguez
Vanni, Mystic Force Foundation, designating Childhood Cancer Awareness Month
(September 2024).
• Special Recognitions: None.
• Vision Zero Presentation: None.
5. CONSENT AGENDA: There were no requests from the public to address the City
Commission.
'Participated via virtual communications media technology.
Aventura City Commission Regular Meeting Minutes
September 3, 2024
A motion to approve the items on the Consent Agenda was offered by Commissioner
Friedland, seconded by Commissioner Bloom, and passed unanimously by roll call vote.
The following action was taken:
A. Minutes approved as follows:
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. Resolution No. 2024-51 adopted as follows:
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. Resolution No. 2024-52 adopted as follows:
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. Resolution No. 2024-53 adopted as follows:
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.
E. Resolution No. 2024-54 adopted as follows:
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.
Page 2 of 6
Aventura City Commission Regular Meeting Minutes
September 3, 2024
F. Resolution No. 2024-55 adopted as follows:
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. Resolution No. 2024-56 adopted as follows:
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. Resolution No. 2024-57 adopted as follows:
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. Resolution No. 2024-58 adopted as follows:
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. Resolution No. 2024-59 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 $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. Resolution No. 2024-60 adopted as follows:
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.
Page 3 of 6
Aventura City Commission Regular Meeting Minutes
September 3, 2024
L. Resolution No. 2024-61 adopted as follows:
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.
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 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.
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 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 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 Joel and seconded
by Commissioner Kruss.
Mr. Wasson reviewed the item.
Page 4 of 6
Aventura City Commission Regular Meeting Minutes
September 3, 2024
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
No comments were provided by the City Commission.
The motion for approval of the Ordinance passed unanimously by roll call vote, and
Ordinance No. 2024-14 was adopted.
Mrs. Horvath read the following Ordinance title:
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.
A motion for approval of the Ordinance was offered by Commissioner Joel and seconded
by Commissioner Bloom.
Mr. Wasson reviewed the item and noted the number of violations observed as part of the
study that was conducted.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
The City Commission discussed the item including the goal to keep students safe and the
study done.
Mr. Meyers reported on the 90-day notice that must be given to the public prior to the use
of the cameras.
The motion for approval of the Ordinance passed unanimously by roll call vote, and
Ordinance No. 2024-15 was adopted.
Mrs. Horvath read the following Ordinance title:
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.
Page 5 of 6
Aventura City Commission Regular Meeting Minutes
September 3, 2024
A motion for approval of the Ordinance was offered by Commissioner Joel and seconded
by Commissioner Kruss.
Mr. Wasson reviewed the year-end budget amendment.
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. 2024-16 was adopted.
9. RESOLUTION/PUBLIC INPUT: None.
10. REPORTS:
Mayor Weinberg reported on the Court granting the City's motion to dismiss the Aventura
Marina Owners Association, Inc. litigation regarding Aventura Park South.
Commissioner Bloom welcomed the new Deputy Police Chief, Christopher Chastain.
11. PUBLIC COMMENTS: The following member of the public provided comments:
Priscilla Oliveira (Marina Cove, Aventura).
12. OTHER BUSINESS: None.
13. ADJOURNMENT: There being no further business to come before the
Commission, a motion to adjourn was offered by Commissioner Joel, seconded by
Commissioner Kruss, and unanimously approved; thus, adjourning the meeting at 6:59
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on October 1 , 2024.
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AVENTURA CITY COMMISSION
SECOND BUDGET PUBLIC HEARING MINUTES
SEPTEMBER 10, 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 6:01 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. Friedland2, Commissioner Billy Joel, Commissioner Paul A. Kruss, City
Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert
Meyers3. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weinberg.
3. PUBLIC HEARINGS:
ORDINANCES — SECOND READING — 2024/2025 BUDGET:
Mrs. Horvath read the following Ordinance title:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND
ADOPTING THE CITY OF AVENTURAAD VALOREM TAX OPERATING MILLAGE LEVY
RATE AT 1.7261 MILLS PER THOUSAND DOLLARS OF TAXABLE ASSESSED
PROPERTY VALUE, WHICH AS A PERCENT (%) CHANGE OF ROLLED-BACK RATE
OF 1.5879 MILLS IS 8.70%ABOVE THE ROLLED-BACK RATE COMPUTED PURSUANT
TO STATE LAW, FOR THE 2024 TAX YEAR; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; 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 and reported on the same millage rate for the 29th year in
a row.
Mayor Weinberg opened the public hearing. There being no speakers, the public hearing
was closed.
'Participated via virtual communications media technology.
2 Participated via virtual communications media technology.
s Participated via virtual communications media technology.
Aventura City Commission Second Budget Public Hearing Minutes
September 10, 2024
Mayor Weinberg noted the importance of the millage rate that had remained the same
since the City was established and reported on it being the lowest millage rate in South
Florida.
The motion for approval of the Ordinance passed unanimously by roll call vote, and
Ordinance No. 2024-17 was adopted.
Mrs. Horvath read the following Ordinance title:
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED
AND APPROVED BY THE CITY COMMISSION AT THE REVIEW MEETING HELD
ON JULY 18, 2024 AS THE CITY OF AVENTURA FINAL BUDGET FOR THE
2024/2025 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR
AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES
AND THE RE-APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS;
ESTABLISHING THE COMMITTED FUND BALANCE FOR CAPITAL RESERVE;
PROVIDING FOR SEVERABILITY; 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 budget priorities.
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. 2024-18 was adopted.
4. 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 6:08
p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on October 1 , 2024.
Page 2 of 2
AVENTURA CITY COMMISSION
REGULAR WORKSHOP MINUTES
SEPTEMBER 19, 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
10:56 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. As a quorum was determined to be present,
the meeting commenced.
2. Pledge of Allegiance: The Pledge was done at the Aventura Governing Board
Meeting.
3. Discussion: Women Driving Global Change Initiative — Miami Art Week
Inflatable Art Activation (Mayor Weinberg): Mayor Weinberg requested that the
Commission consider an art installation throughout the City by artist Luli Sulichin during
Miami Art Week (December 2-8, 2024) at no cost to the City.
Luli Sulichin provided information on six inflatable sculptures that would be placed in six
different locations throughout the City.
The City Commission discussed the item including the following: space needed, areas
identified, partnerships, sponsors, possible vandalism, police monitoring, traffic created
by people visiting the sculptures, and having a combination of some sculptures on public
property and some on private property.
Mr. Meyers reported on a resolution that would need to be adopted inclusive of an
agreement with the artist.
The following member of the public provided comments: Gustavo Blachman (Aventura).
City Manager Summary: It was the consensus of the City Commission to provide
a resolution inclusive of the agreement with the artwork and locations outlined at a City
Commission Special Meeting to be scheduled for October 17, 2024 prior to the
Commission Workshop.
The following additional items were discussed:
Aventura City Commission
Regular Workshop Minutes—September 19, 2024
October City Commission Regular Meeting: Mayor Weinberg requested that
the October Meeting be moved from October 8, 2024 to October 1 , 2024.
City Manager Summary: It was the consensus of the City Commission to move
the October City Commission Regular Meeting from October 8, 2024 to October 1 , 2024.
Art Festival: Mr. Wasson reported on an art festival scheduled for February 22-
23, 2025 at Gulfstream, with a budget of $50,000.
The City Commission discussed the item including the following: unsuccessful prior art
festivals, no consensus provided to proceed with the festival and only consensus provided
to look into it, concerns paying a vendor instead of sponsors covering the costs, and
looking at other companies that would not charge but would provide sponsors.
The following member of the public provided comments: former Mayor Enid Weisman
(Aventura).
City Manager Summary: It was the consensus of the City Commission to proceed
with plans for the art festival.
4. Discussion: Re-Appointment and Appointment of Special Masters for Code
Enforcement Process (City Manager): Mr. Wasson requested ratification of his re-
appointment of existing special masters Barbara Buxton, Esq. and Daniel Naim, as well
as the new appointment of Clifford Schulman, Esq., as volunteers for the City's code
enforcement and red light/speed zone camera hearings.
City Manager Summary: It was the consensus of the City Commission to proceed
with a motion to ratify the City Manager's re-appointments/appointment at the October
City Commission Meeting.
5. Discussion: Approval of Construction Agreement with Island Construction
Group, Inc., The Government Center, Mezzanine Level Deck Replacement (City
Manager): Mr. Wasson reported on the immediate need to fix the leaks affecting the
Police Department as outlined in the agenda, with the firm selected that specialized in the
work that needed to be done.
City Manager Summary: It was the consensus of the City Commission to
authorize the City Manager to enter into an agreement, to be ratified via resolution at the
October City Commission Meeting.
6. Discussion: Approval of Owner's Representative Services with HPF
Associates, Inc., The Government Center, Mezzanine Level Deck Replacement (City
Manager): Mr. Wasson reported on the need for an owner's representative for the City to
have to oversee the work conducted by Island Construction as it was a specialized
project.
City Manager Summary: It was the consensus of the City Commission to
authorize the City Manager to enter into an agreement to be ratified via resolution at the
Page 2 of 4
Aventura City Commission
Regular Workshop Minutes—September 19, 2024
October City Commission Meeting.
7. Discussion: Proposed Ordinance Prohibiting the City from Conducting
Business with any Company which is Boycotting Israel (Commissioner Friedland):
Commissioner Friedland requested that the Commission consider an ordinance outlining
the City's prohibition of conducting business with companies that boycott Israel.
Mr. Meyers reported that an ordinance could mirror the State language.
City Manager Summary: It was the consensus of the City Commission to provide
an ordinance that mirrored the State language at the October City Commission Meeting.
The following additional item was discussed:
Resolution Supporting Peace and Security: Mr. Meyers distributed a resolution
drafted for Bal Harbour Village supporting peace and security for Israelis and Palestinians
for the Commission's consideration.
City Manager Summary: It was the consensus of the City Commission to provide
a resolution mirroring the Bal Harbour Village drafted resolution at the October City
Commission Meeting.
8. Discussion: 2024 Ethics Training Dates (City Attorney): Mr. Meyers reported
on the ethics training requirements for 2024 and requested availability for scheduling two
sessions with 4 hours required for seated Commissioners and 2 hours required for newly
elected Commissioners.
City Manager Summary: It was the consensus of the City Commission to
schedule ethics training for October 17, 2024 following the Commission Workshop (2
hours) and for November 22, 2024 following the Commission Workshop (2 hours).
The following additional items were discussed:
Vice Mayor Dr. Marks offered to help as a former educator with input for the new schools
after her term ended on the City Commission. The plans for the new schools were briefly
discussed with her offer to be taken under consideration.
Commissioner Kruss invited the Commission members to attend the movie screening for
"Centered: Joel Lieberman" on October 30th at 6 p.m. at the Aventura Arts & Cultural
Center, which was by invitation only.
Commissioner Bloom reported on the annual "Share the Road" bike event to be held on
October 22, 2024 at 9 a.m. and the ACES/Aventura Police Department "Trunk or Treat"
event on October 24, 2024 at 4 p.m.
Mayor Weinberg announced that the annual State of the City address would be provided
at the Aventura Marketing Council Breakfast on September 20th at 7:30 a.m.
Page 3 of 4
Aventura City Commission
Regular Workshop Minutes—September 19, 2024
Mr. Meyers reported on the anticipation of a finalized purchasing agreement with
Gulfstream with the possibility of a closing date in February 2025.
9. Adjournment: There being no further business to come before the City
Commission, the meeting was adjourned by consensus at 12.09 p.m.
Ellisa L. Horvath, MMC, City Clerk
Approved by the City Commission on October 1, 2024.
Page 4 of 4
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission �--�
FROM: Ronald J. Wasson, City Manager
DATE: October 4, 2024
SUBJECT: Re-Appointment and Appointment of Special Masters for Code
Enforcement Process
October 8, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission ratify the City Manager's re-appointment of
Barbara Buxton, Esq. and Daniel Naim and the appointment of Clifford Schulman, Esq.
as Special Masters for the City of Aventura Code Enforcement process.
BACKGROUND
Section 4 of Ordinance 96-14 which established the City's Code Enforcement Process
provides for the City Manager to appoint Special Masters, subject to City Commission
ratification, for a term of one year. The above-referenced individuals are submitted to you
for re-appointment and appointment as Special Masters.
If you have any questions please feel free to contact me.
RJW/act
CC04023-24
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: September 27, 2024
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City of Aventura
and the Town Bay Harbor Islands
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Law Enforcement Mutual Aid Agreement with the Town of Bay
Harbor.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various departments
use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested-
1. Joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political conventions,
labor disputes and strikes.
3. Any natural, technological or manmade disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft and
shipping disasters, fires explosions, gas line leaks, radiological incidents,
train wrecks and derailments, chemical or hazardous waste spills, and
electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from, or disturbances within, prisoner process facilities.
7. Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Incidents requiring utilization for specialized units; e.g., underwater
recovery, marine patrol, aircraft, canine, motorcycle, bicycle, mounted,
SWAT, bomb, crime scene and police information.
14. Emergency situations in which one agency cannot perform its functional
objective.
15. Joint training in areas of mutual need.
16. Joint multi-jurisdictional marine interdiction operations.
17. Off-duty special events.
18. DUI Checkpoints.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC04026-24
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE TOWN OF BAY HARBOR ISLANDS FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
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 of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the Town of Bay Harbor Islands for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2024-
PASSED AND ADOPTED this 1st 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 2 of 2
COMBINED VOLUNTARY COOPERATION AND
OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT BETWEEN
THE CITY OF AVENTURA
AND THE TOWN OF BAY HARBOR ISLANDS
This Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
("Agreement") is made as of this day of 2024, by and between the
CITY OF AVENTURA, FLORIDA, a Florida municipal corporation, having its principal office
at 19200 W County Club Dr, Aventura, FL 33180, and the TOWN OF BAY HARBOR
ISLANDS, FLORIDA, a Florida municipal corporation having its principal office at 9665
Bay Harbor Terrace, Bay Harbor Islands, FL 33154, and states as follows:
WHEREAS, it is the responsibility of the governments of the City of Aventura,
Florida and the Town of Bay Harbor Islands, Florida to ensure the public safety of their
citizens by providing adequate levels of police services to address any foreseeable
routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence of
law enforcement problems and other natural and man-made conditions which are, or
are likely to be, beyond the control of the services, personnel, equipment of facilities of
the participating municipal police departments; and
WHEREAS, in order to ensure that preparation of these law enforcement agencies
will be adequate to address any and all of these conditions, to protect the public peace
and safety, and to preserve the lives and property of the people of the participating
Miami-Dade County municipalities; and
1
WHEREAS, the City of Aventura and the Town of Bay Harbor Islands and are so
located in relation to each other that it is in the best interest and advantage of each to
receive and extend mutual aid in the form of law enforcement services and resources
to adequately respond to:
(1) Continuing, multi-jurisdictional criminal activity, so as to protect the public
peace and safety, and preserve the lives and property of the people; and
(2) Intensive situations including, but not limited to, natural or manmade
disasters or emergencies as defined under Section 252.34, Florida Statutes; and
(3) Joint provision of certain law enforcement services specified herein and
allowed pursuant to Florida Statute 166.0495; and
WHEREAS, the participating Miami-Dade County municipalities have the authority
under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid
agreement;
NOW,THEREFORE, BE IT KNOWN that the City of Aventura, and the Town of Bay
Harbor Islands, subdivisions of the State of Florida, and the undersigned
representatives, in consideration for mutual promises to render valuable aid in times of
necessity, do hereby agree to fully and faithfully abide by and be bound by the following
terms and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since this Mutual Aid Agreement provides for the requesting and
rendering of assistance for both routine and law enforcement intensive situations,
this Mutual Aid Agreement combines the elements of both a voluntary
cooperation agreement and a requested operational assistance agreement, as
described in Chapter 23, Florida Statutes.
2
3. Definitions:
a) Joint declaration: A document which enumerates the various conditions or
situations where aid may be requested or rendered pursuant to this
Agreement, as determined by concerned agency heads. Subsequent to
execution by the concerned agency heads,the Joint Declaration shall be filed
with the clerks of the respective political subdivisions and shall thereafter
become part of this Agreement. The Joint Declaration between the City of
Aventura and the Town of Bay Harbor Islands is attached hereto as Exhibit
"A" and is hereby incorporated by reference. Said declaration may be
amended or supplemented at any time by the agency heads by filing
subsequent declarations, subject to the approval of the legal counsel of their
respective political subdivisions and filed with the Clerks of the respective
political subdivisions. Agency or participating law enforcement agency:
Either the City of Aventura Police Department or the Town of Bay Harbor
Islands Police Department.
b) Agency head: Either the Chief of the City of Aventura Police Department, or
the Chief's designees; or the Chief of Police of the Town of Bay Harbor
Islands Police Department, or the Chief's designees.
C) Certified law enforcement employee: Any law enforcement employee
certified as provided in Chapter 943, Florida Statutes.
4. Operations:
a) In the event that a party to this Agreement is in need of assistance as
specified in the applicable joint declaration, an authorized representative
of the police department requiring assistance shall notify the agency from
whom such assistance is requested. The authorized agency representative
whose assistance is sought shall evaluate the situation, his available
resources and will respond in a manner deemed appropriate.
3
b) The aforesaid law enforcement agencies hereby approve and enter into
this Agreement whereby each of the agencies may request and render law
enforcement assistance to the other to include, but not necessarily be
limited to dealing with, the following:
1 Joint multi-jurisdictional criminal investigations.
2 Civil affray or disobedience, disturbances, riots, large protest
demonstrations and assemblies, controversial trials, political
conventions, labor disputes, and strikes.
3 Any natural, technological or manmade disaster.
4 Incidents which require rescue operations and crowd and traffic
control measures including, but not limited to, large-scale
evacuations, aircraft and shipping disasters, fires, explosions, gas
line leaks, radiological incidents, train wrecks and derailments,
chemical or hazardous waste spills, and electrical power failures.
5 Terrorist activities including, but not limited to, acts of sabotage.
6 Escapes from, or disturbances within, prisoner processing facilities.
7 Hostage and barricaded subject situations, and aircraft piracy.
8 Control of major crime scenes, area searches, perimeter control,
back-ups to emergency and in-progress calls, pursuits, and missing
person calls.
9 Enemy attack.
10 Transportation of evidence requiring security.
11 Major events, e.g., sporting events, concerts, parades, fairs,
festivals, and conventions.
4
12 Security and escort duties for dignitaries.
13 Incidents requiring utilization of specialized units; e.g., underwater
recovery, marine patrol, aircraft, canine, motorcycle, bicycle,
mounted, SWAT, bomb, crime scene and police information.
14 Emergency situations in which one agency cannot perform its
functional objective.
15 Joint training in areas of mutual need.
16 Joint multi-jurisdictional marine interdiction operations.
17 Off-duty special events.
18 DUI Checkpoints.
c) Each party to this Agreement agrees to furnish necessary manpower,
equipment, facilities, and other resources and to render services to the
other party as required to assist the requesting party in addressing the
situation which caused the request; provided, however, that no party shall
be required to deplete unreasonably its own manpower, equipment,
facilities, and other resources and services in rendering such assistance.
d) The agency heads of the participating law enforcement agencies, or their
designees, shall establish procedures for giving control of the mission
definition to the requesting agency, and for giving tactical control over
accomplishing any such assigned mission and supervisory control over all
personnel or equipment provided pursuant to this Agreement to the
providing agency.
5. Powers, Privileges, Immunities, and Costs:
a) All employees of the participating municipal police department, including
5
certified law enforcement employees as defined in Chapter 943, Florida
Statutes, during such time that said employees are actually providing aid
outside of the jurisdictional limits of the employing municipality pursuant
to a request for aid made in accordance with this Agreement, shall,
pursuant to the provisions of Chapter 23, Florida Statutes, have the same
powers, duties, rights, privileges, and immunities as if they were performing
their duties in the political subdivision in which they are normally employed.
b) The political subdivision having financial responsibility for the law
enforcement agency providing services, personnel, equipment, or facilities
pursuant to the provisions of this Agreement shall bear any loss or damage
to same and shall pay any and all expenses incurred in the maintenance and
operation of same.
C) The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this Agreement,
during the time of the rendering of such aid, and shall defray the actual
travel and maintenance expenses of such employees while they are
rendering such aid. Such compensation shall include any amounts paid or
due for compensation due to personal injury or death while such
employees are engaged in rendering such aid. Such compensation shall also
include all benefits normally due such employees.
d) All exemptions from ordinances and rules, and all pension, insurance, relief,
disability, workers' compensation salary, death, and other benefits which
apply to the activity of such officers, agents, or employees of any such
agency, when performing their respective functions within the territorial
limits of their respective agencies, shall apply to them to the same degree,
manner, and extent while engaged in the performance of their functions
and duties extraterritorially under the provisions of the Mutual Aid
Agreement. The provisions of this Agreement shall apply with equal effect
6
to paid and auxiliary employees.
e) Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from its governing body having budgetary
jurisdiction, to reimburse the assisting agency for any actual costs of
expenses incurred by the assisting agency performing hereunder.
The resources or facilities that are assigned shall be under the immediate
command of a supervising officer designated by the assisting party. Such
supervising officer shall be under the direct supervision and command of
the agency head or his designee of the agency requesting assistance.
f) . Nothing herein shall prevent the requesting agency from requesting
supplemental appropriations from the governing authority having
budgeting jurisdiction to reimburse the assisting agency for any actual costs
or expenses incurred by the assisting agency performing hereunder.
g) Liability: Each Agency engaging in any mutual cooperation and assistance
pursuant to this Agreement agrees to assume its own liability and
responsibility for the acts, omission, or conduct of such Agency's own law
enforcement officers while such law enforcement officers are engaged in
rendering such aid, cooperation and assistance pursuant to this Agreement,
subject to the provisions of Section 768.28, Florida Statutes, where
applicable. Nothing contained in this Agreement shall be construed or
interpreted to be a waiver of sovereign immunity by either party. This
provision shall not impair or preclude reimbursement of cost by the
requesting law enforcement agency. All of the privileges and immunity
from liability, exemptions from laws, ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary, death, and other
benefits which apply to the activity of such officers, agents, or employees
of any such agency when performing their respective function within the
7
territorial limits of their respective public agencies shall apply to them in
the same degree, manner, and extent while engaged in the performance of
any of their functions and duties extraterritorially under the provisions of
this Mutual Aid Agreement. This section shall apply with equal effect to
paid, volunteer, and auxiliary employees.
6. Forfeitures: It is recognized that during the course of the operation of this
Agreement, property subject to forfeiture under the Florida Contraband Forfeiture
Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and
equitably distributed among the participating agencies in proportion to the
amount of investigation and participation performed by each agency. The
municipality in which any property is seized pursuant to the Florida Contraband
Forfeiture Act shall have priority to initiate forfeiture proceedings under the
Florida Contraband Forfeiture Act for any matters which arise from a mutual aid
event that is covered by this Agreement, but may allow the other municipality to
prosecute the forfeiture with the written authorization of the legal counsel for
each municipality. Upon a successful forfeiture prosecution, the forfeiting agency
shall share the proceeds with the assisting agency in an amount commensurate
with that agency's level of participation, minus costs incurred for litigation of the
forfeiture. This shall occur pursuant to the provisions of the Florida Contraband
Forfeiture Act.
7. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act
will be controlled by the provisions of the latter, whenever conditions exist that
are within the definitions stated in Chapter 23, Florida Statutes. Whenever an
officer is rendering assistance pursuant to this Mutual Aid Agreement, the officer
shall abide by and be subject to the rules and regulations, personnel policies,
general orders, and standard operating procedures of his/her own employer. If
any such rule, regulation, personnel policy general order or standard operating procedure is
contradicted,contravened or otherwise in conflict with a direct order of a superior officer of the
requesting agency,then such rule, regulation, policy,general order or procedure shall control and
shall supersede the direct order.
8
8. Complaints: Whenever there is cause to believe that a complaint has arisen as a
result of a mutual aid event as it may pertain to this Agreement, the Chief of Police
or his/her designee of the agency receiving the complaint shall be responsible for
the documentation of said complaint to ascertain at a minimum:
a. The identity of the complainant.
b. An address where the complaining party can be contacted.
C. The specific allegation
d. The identity of the employees accused without regard as to agency
affiliation. If it is determined that the accused is an employee of the
other participating agency, the above information, with all
pertinent documentation gathered during the receipt and
processing of the complaint, shall be forwarded without delay to
the subject employee's agency for administrative review. The
receiving agency may conduct a review of the complaint to
determine if any factual basis for the complaint exists and/or
whether any of the employees of the requesting agency violated
any of their agency's policies or procedures.
9. Effective Date and Duration: This Agreement shall be in effect from date of
signing, through and including August 1, 2027. Under no circumstances may
this Agreement be renewed, amended or extended except in writing.
10. Cancellation: This Agreement may be canceled by either party upon sixty-(60) day's
written notice to the other party.
AGREED AND ACKNOWLEDGED this_ day of , 2024.
9
V
Ron Wasson Maria L, sday
City Manager Town Manager
City of Aventura, Florida Town of Bay Harbor Islands, Florida
Date: Date:
ATTEST: ATTEST:
Ellisa L. Horvarth, MMC Yvonne P. amilton, CIVIC
City Clerk Town Clerk
City of Aventura, Florida Town of Bay Harbor Islands, Florida
Date: Date:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Weiss Serota Helfman I/e'p!orn
Iler,_ESQ.
City Attorney n 9F
City of Aventura, Florida Town of Bay Harbor Islands, Florida
Date: Date: 4h kvKp"
10
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Jake Ozyman, PE, Public Works & Transportation Director
DATE: September 27, 2024
SUBJECT: Adopting the Program for Public Information
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the Program for Public Information.
BACKGROUND
As part of the City of Aventura's CRS recertification, the City is introducing new CRS
activities alongside a Program for Public Information (PPI). The PPI will act as the
foundation for a comprehensive public information initiative, encompassing outreach
projects and other public information efforts such as a website and technical assistance.
The PPI aims to elevate the City's CRS rating from Class 7 to Class 6 or higher, thereby
increasing the annual flood insurance premium discount for NFIP policyholders in
Aventura from 15% to 20%.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ADOPTING THE PROGRAM FOR A PUBLIC
INFORMATION (PPI) DOCUMENT, WHICH INCLUDES THE FLOOD
INSURANCE COVERAGE IMPROVEMENT PLAN AND THE FLOOD
RESPONSE PREPARATION PLAN; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, portions of the City of Aventura ("City') are located in a special flood
hazard area as mapped by the Federal Emergency Management Agency; and
WHEREAS, the City participates in the Community Rating System, which is a part
of the National Flood Insurance Program; and
WHEREAS, the City desires to mitigate flood damage in the community by
maintaining an effective program for providing pertinent flood-related information to the
community; and
WHEREAS, the City desires to reduce flood insurance rates for property owners,
and
WHEREAS, the City established the Program for Public Information ("PPI")
Committee in 2024 to inform the public about flood hazards within the City; and
WHEREAS, the PPI Committee consists of three (3) community stakeholders and
three (3) City staff members; and
WHEREAS, on August 14, 2024, and August 26, 2024, the PPI Committee held
workshops to draft the Program for Public Information Report, including the Flood
Insurance Coverage Improvement Plan; and
WHEREAS, the result of the PPI Committee's work, will serve as the community's
guide to implement and expand the effectiveness of dissemination of floodplain
management information to its public; and
WHEREAS, the City Commission finds that this Resolution is in the best interest
and welfare of the residents of the City.
City of Aventura Resolution No. 2024-
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 the PPI Document which
includes the Flood Insurance Coverage Improvement Plan, a copy of which is attached
hereto as Exhibit "A".
Section 3. That the City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 4. 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 1st day of October, 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
1 '
City of Aventura, Florida
2024 Program for Public Information (PPI)
Background
The City of Aventura has developed an extensive outreach program to educate the community concerning
matters pertaining to floodplain management and to highlight its importance to the community.
In October 2000, the City of Aventura qualified for the Community Rating System (CRS) Program.
CRS is a part of the National Flood Insurance Program (NFIP). It provides reductions to flood
insurance premiums in participating communities. The reductions are based on community floodplain
management programs, including public information activities. To keep those discounts, communities
must continue to implement their programs and provide status reports to the NFIP each year. Since
its entrance into the CRS Program, the City has included the dissemination of flood-related
information to its residents and businesses.
The City of Aventura also values matters of environmental concern. To this end, it has emphasized }'
not only the life and property protection components of floodplain management but also the natural
and beneficial functions of floodplains and the maintenance of open space. Furthermore, it continues •—
active compliance with the MS4 program(Municipal Separate Storm Sewer Systems).The MS4 program is
part of the US Environmental Protection Agency's efforts to reduce pollution caused by untreated stormwater X
runoff. w
This Program for Public Information (PPI), developed in accordance with the PPI standard outlined in the
2017 CRS Coordinator's Manual is a concerted effort to enhance its outreach efforts. The City is pleased
that its efforts can not only prove beneficial to the Aventura community through mitigation of the hazardous
effects of flooding, but they can also prove beneficial in maximizing credit in the CRS program. In
accordance with the CRS program's requirements, this report has been developed by a committee of staff
and stakeholders to enhance and update the City's outreach.
PPI Committee
The City's Program for Public Information Committee is composed of key individuals representing
applicable departments in the City as well as key community stakeholders representing a range of the
City's citizens and businesses. The PPI Committee met two times to develop the Program for Public
Information:
• August 14, 2024
• August 26, 2024
This document, which embodies the results of the PPI Committee's work, will serve as the community's
guide to implement and expand the effectiveness of dissemination of floodplain management information
to its public.
Meetings were held virtually. The PPI Committee members include three stakeholders and three City staff
members, one of whom is a Certified Floodplain Manager.
Program for Public Information Page 1 of 18 September 2024
City of Aventura Stakeholders:
• Kevin Purvis, Cothrom Risk & Insurance Services
• Luz Weinberg, Resident from Construction Industry, Public Information Expert&Local Government
• Jessica Martinez, Regional Director, Castle Group Real Estate
City of Aventura Staff:
• Jake Ozyman, PE, CFM, Floodplain Administrator& Public Works Director
• Jennifer Clark, Communications/Outreach Manager
• Kevin R. Klopp, Community Development Director
CRS Max Consultants, Inc. served as facilitator in the development of the PPI.
Assessment of Public Information Needs
In its first meeting, the committee began by assessing the community's public information needs pertaining
to the local flood hazard.
In the City of Aventura intense or prolonged, concentrated rain is the primary cause of localized flooding.
Major rainfall events occur in association with hurricanes, tropical storms, and thunderstorms associated
with frontal systems. This overabundance of rainfall creates saturated soil conditions, after which additional
rain causes surface ponding or an overflow of catchment canals and ponds. This can result in street and _
yard flooding, which is regarded as nuisance flooding. Flood damage to buildings has historically been
significant, as confirmed by the fact that there are 15 Repetitive Loss Properties, and 257 paid flood
insurance claims since 1999.
Target Areas:
The committee agreed that, while it is important that the whole community receive public information
pertaining to flooding, there are some areas and groups that particularly need to be targeted. X
w
1. Target Area#1: Properties within the Repetitive Loss Areas.
Any area that has been subject to repetitive losses from flooding, as defined by the NFIP, needs to
be especially targeted for public information. A special annual outreach project entailing an
advisement to the properties in these areas in the City will continue to be undertaken. The four
advisements specified in the 2017 CRS Coordinator's Manual will be included.
2. Target Area#2: Special Flood Hazard Areas.
Properties located within special flood hazard areas are deemed to be especially vulnerable
because they are located in areas identified as having a higher risk of flooding. These are made
up of all areas designated as A&V flood zones on FEMA flood maps.
3. Target Area#3: Waterfront Properties on 188t" Street.
The properties most vulnerable to storm surge and flooding are located adjacent to the Intracoastal
and other bodies of water and should be especially targeted with outreach. Taking historical
flooding into consideration, the committee decided to focus on the waterfront properties located
along 1881" street.
4. Target Area#4: Aventura Town Center Area.
There are several flood-prone areas in the city. One of these is a primarily commercial area called
Aventura Town Center(formerly Loehmann's) located between the Intracoastal and Biscayne Blvd
Program for Public Information Page 2 of 18 September 2024
along NE 187t" Street (including businesses on both sides on NE 187t" Street and both sides of
Biscayne Blvd.). This area includes over 20 commercial buildings, most of which were built in the
1980's and have low elevations, which contributes to their tendency to flood. Considering this
vulnerability, business owners and residents in this area should be recipients of targeted outreach.
Target Audiences:
The committee recognized several additional target audiences, other than those characterized by target
areas, which need flood-related information.
1. Target audience#1: Real Estate Agencies.
Because real estate agencies are key players in the purchase of properties and can encourage
flood insurance coverage, the committee identified this audience as a target group.
2. Target audience#2: Insurance Agencies.
Because insurance agencies are central to the National Flood Insurance Program and because
they are in a strong position to encourage flood insurance coverage, the committee identified this
as a target group.
3. Target audience#3: Local Bank Managers. _
Because banks and lenders can be especially impacted by flooding due to the fiscal exposure they Q
face, and. because they are in a strong position to encourage flood insurance coverage, the
committee identified this as a target group. As most banks are corporate and headquartered
elsewhere, the local branch managers were identified as the best audience to target with locally
relevant outreach.
4. Target Audience#4: Condominium and Homeowner Associations. X
Because condominium and homeowner associations typically concern themselves with matters w
vital to their respective communities, this was determined to be an appropriate target audience.
5. Target audience#5: Chamber of Commerce Members.
Local businesses that are active in the Chamber Commerce would benefit from information about
protecting their businesses from flood loss. Additionally, these business leaders can also be
engaged as stakeholders to further disseminate outreach to their customers and clients.
6. Target audience#6: Community Expo Attendees.
Residents who do attend the Community Expo are generally seeking useful information about living
in Aventura and may be unfamiliar with the local flood risk, making them an ideal audience for
locally specific information about flood risk, mitigation and the importance of insurance. Reaching
this audience could be done by providing direct outreach and presentations at the Expo, as well as
engaging the partnership of stakeholders that collaborate to make the Expo possible.
7. Target audience#7: Local Builders' Association Members.
Local builders were identified as an ideal audience to receive information about the importance of
building responsibly and encouraging potential homeowners to consider local flood risks.
Accordingly, providing outreach to the local Builders' Association was identified as a way to reach
homebuilders who work in Aventura.
Program for Public Information Page 3 of 18 September 2024
Included in the assessment of public information was an assessment of the projects which are already
being undertaken both by the various departments within the City and by stakeholders and agencies outside
the City. A listing of some of the projects conducted by the City or by others is included in Table 1 below.
Table 1. Other Public Information Efforts
Organization Project Subject Matter Frequency
City of Aventura Flood hazard brochure Various hurricane and flood- Annually in May
related topics
City of Aventura Monthly newsletter and Various topics Monthly
eNewsletters
City of Aventura Presentations at Community Various topics Annually
Expo
City of Aventura Government TV Channel Various topics Year-round
(AvTV)
Facebook, X, Instagram,
NextDoor, Linkedln and You Various flood-related topics Year-round
Tube postings Q
Press releases Various flood-related topics As needed },
City of Aventura Website Various flood-related topics Year-round
Flood hazard areas, flood
Map inquiry service Insurance, flood protection Year-round X
w
MS4 Projects, Swale and Take care of your storm drain;
Canal Maintenance, Illegal protect water quality, no illegal Year-round
Dumping Signage, etc. dumping
South Florida Water Handouts on water flow and Stormwater management Available year-
Management District stormwater management round
Hurricane preparedness Annually at
Local TV Stations publications Hurricane preparedness beginning of
hurricane season
Regional network TV and Coverage in hurricane Preparation for and response to May- November
radio stations season hurricanes and floods
CodeRed Pertinent messages by Various topics As deemed
phone appropriate
Publix Hurricane preparedness Preparation for hurricanes May
guide available at stores
An assessment of flood insurance coverage was also conducted and is discussed later in this report.
Program for Public Information Page 4 of 18 September 2024
Topics, Messages and Outcomes
After assessing the Community's flooding information needs, the PPI Committee identified the following
as the priority messages. Each message has a desired, measurable, outcome, as shown in Table 2.
Table 2. Topics,Messages and Desired Outcomes
Topic Message Outcome
1A. You can contact the Floodplain Administrator at(305)466-8970 for help
determining which flood zone your property is in.
1 B Every property in Florida is at risk of flooding.Go to
https:#msc.fema.gov/portal/home find out if your property is in a high risk flood
zone.
1. Know your 1 C.Check with Public Works at 305466-8970 on the extent of past flooding in More map
flood hazard your area. information
1 D.The City provides Flood Insurance Rate Map(FIRM)determinations to let you inquiries
know if you are in a flood hazard area and if you are required to carry flood
insurance. If you would like a determination,contact the Building and Zoning
Department at 305466-8940.The City also has information for additional
FIRM information, problems not shown on the FIRM,flood depth data,special
flood related hazards,historical information,and natural flood lain functions.
2A. Get a flood insurance policy.
2B. Review your insurance policy to ensure it provides adequate flood
damage coverage. Increase in the
2. Insure your 2C. You can purchase flood insurance no matter where you reside(in a high, number of flood _
property for moderate or low-risk area)and there is no exclusion based on the type of insurance
flood hazard ownership you represent(i.e. homeowner,renter or business owner). policies Q
2 D.All properties are in a flood zone.Even if you are not in a high risk flood zone,
you should still contact a flood insurance agent to find out more about available
coverage.
3A. Do not walk through water,or drive through a flooded area. Fewer cases of
3. Protect loss of life or
3B. Turn around, don't drown!
people from 3C. If you lose power at your property,turn off all major appliances. exposure to
the hazard 3D. Develop a disaster response plan. danger resulting X
from floods.
4A. Protect your property by sandbagging areas vulnerable to the entry of water.
4B.Valuables,furniture,and important appliances may also be moved to help
lessen damage if a flood occurs.
4C. Put insurance policies,valuable papers, medicine,etc., in a safe place.
4. Protect your 4D. Building owners can consider engineered floodproofing options such as flood Reduced property
property from barriers. loss due to
the hazard 4E.The City provides flood protection assistance upon request.A City flooding
representative is available to provide flood protection methods and can visit
your property to assess the problem and recommend how to protect your
property from the flood hazard.Call or visit the Community Development
Department to request flood protection at 305466-8940.
5A. Note that some flood protection measures may need a building permit
and others may not be safe for your type of building, so be sure to talk to Reduced number
the Building Department. of building
5. Build 5B. Be sure to talk to the City's Building Department at 305466-8937 before department
responsibly making any changes on your property. citations for
5C.Contact the Building and Zoning Department before you build,alter, regrade unauthorized
or add fill to your property. Building and Zoning is located at 19200 West changes
Country Club Drive. If you see building or fill being added to a property without
a City permit posted, report the work to 305466-8941.
6A. It is important to appreciate natural floodplains. Please help keep these areas
6. Protect open and clean!
natural 6B.Only rain down the drain. Increased support
for protecting
floodplain 6C. It is illegal for any direct or indirect entry or any solid, liquid or gaseous matter
functions to enter the drainage system. Reports of any violations should be made to the natural areas.
Public Works at 305466-8930 or Miami Dade County at 311.
Program for Public Information Page 5 of 18 September 2024
Table 2. Topics,Messages and Desired Outcomes
Topic Message Outcome
7. Buyers of residential property should investigate and understand the flood risks
of the property they are buying. It is a requirement in Miami-Dade County that
7. Know before any purchase of improved real estate located in a Special Flood Hazard Area More
you buy or Coastal Flood Hazard Area include a full disclosure to the buyer that the knowledgeable
property lies in either of those zones.This requirement alerts potential buyers home purchasing
to the threat of flooding in the area,so they can make an informed purchasing
decision.
8. Have an evacuation plan! If you are under an evacuation order, allow Less water
8. Evacuation plenty of time to leave before the storm. Emergency services may not be rescues of
available. residents who did
not evacuate
9. Protection of 9. Contact FPL if you have vegetation growing closer than 6 feet away from Less tree related
power lines power lines that needs to be trimmed. Never attempt to trim any power outages
vegetation growing near or on any overhead power lines. after a storm
10. Flood 10. The City of Aventura and Miami-Dade County utilize the National More residents
Weather Service (NWS)for flood notification. Stay alert by monitoring the signed up for
warning local news and weather reports and sign up for emergency alerts. emergency alerts
Outreach Projects to Convey Messages
After determining the messages and their desired outcomes, the committee proceeded to identify outreach
projects to convey the messages. The PPI Committee identified 41 projects and initiatives that are
recommended to be implemented. Many of the projects have already been established and their continued Q
implementation is recommended. Other projects are specific recommendations of the committee that can _
be implemented to enhance the current outreach program. Table 6 included at the end of this report, �--+
represents a compilation of the recommended projects, complete with the assignment as to who is •—
responsible for implementation and when implementation is anticipated.
X Electronic Distribution of Outreach Projects
It is important to note that, the PPI Committee determined that, whenever feasible, the implementation of w
electronic, rather than printed media is the preferred method to fulfill publicity requirements.
It is noted that effective communications are increasingly conveyed through electronic, rather than through
printed, media. This trend is clear and
growing. In light of this movement from
print to electronic media, the committee a
recommends the primary media used by CITY Kiosk is Here!
the City for publicity of all required
elements be electronic.
Not only does this recommendation
result from considerations of
effectiveness and efficiency, but there is
also an economic component. The
printing and postal costs for mailing hard
copies of flood-related materials to the
buildings in the community is expensive.
The committee recommends electronic
formats, such as emails, social media,
website, television, radio and news '
feeds be the primary means used to
publicize the required elements in the
CRS program.
Program for Public Information Page 6 of 18 September 2024
At a minimum, the following electronic-based media should be utilized for each one of the
publicity requirements:
• Website
• Email blasts
• eNewsletters
• Social media
• Government Access TV Channel
• IKE Digital Display boards
located throughout the City
In essence, the PPI Committee proposes the replacement of one annual printed publicity with numerous
messages disseminated through numerous electronic media platforms. With the continuing movement in
the 21st Century from the printed to the electronic media, the PPI Committee has determined that this new
approach makes sense from the perspectives of effectiveness, efficiency, and economy.
The PPI Committee recommends this publicity strategy be utilized for all required publicity elements in the
CRS program, including:
• Activity 310— Elevation Certificates
• Activity 320— Map Information Services
• Activity 360— Flood Protection Assistance Q
• Property protection advice (PPA)
• Protection advice provided after a site visit (PPV)
• Activity 370— Flood Insurance Promotion
• Activity 540— Drainage System Maintenance X
• Activity 610— Flood Warning and Response w
Additional discussion ensued concerning the benefit of utilizing stakeholders to disseminate information.
The committee members who are also stakeholders expressed a willingness to assist with dissemination
of flood-related information. In particular, the following venues were identified:
• Chamber of Commerce
• Community Ambassadors
• Miami-Dade County
• South Florida Water Management District
• Property management associations
• Realtor associations
• Builders'Association
• Other professional associations
Other Public Information Initiatives
In addition to the outreach projects recommended in Table 6 there are other important public information
initiatives that are an integral part of the community's CRS program. The PPI Committee acknowledges
the importance of advertising through public information venues the various services that the City offers,
Program for Public Information Page 7 of 18 September 2024
some of which are credited in the CRS program under other activities. In particular, the City will advertise
the following assistance that it offers:
• Activity 310 (Elevation Certificates): The availability of elevation certificates will continue to be
advertised in the City's email newsletter, on the City website and advertised in the City flood hazard
brochure at least annually.
• Activity 320 (Map Information Service): This service continues to be offered. This service can
be advertised in the City flood hazard brochure at least annually and on the City website.
• Activity 340 (Hazard Disclosure): The PPI Committee recommends advising real estate agents
of the state and county's hazard disclosure requirement for coastal communities in its annual
targeted outreach.
• Activity 360 (Flood Protection Information): The PPI Committee noted that the City has an
informative website which, upon completion, will cover all of the 10 messages chosen by the
committee. The website is being updated to maximize CRS credit in this item. FEMA publications
and locally pertinent documents are cataloged at the Miami-Dade County Public Library.
• Activity 360 (Flood Protection Assistance): The City continues to offer these services to the
community and will advertise the services, including site visits, in the flood hazard brochure at least
annually and on the City website.
• Activity 370(Flood Insurance Promotion)The City will offer advice on flood insurance,which will
be advertised in the City's flood brochure that will be mailed with a utility bill annually, and on the _
website. Q
• Activity 640 (Drainage System Maintenance): The "no dumping" regulations will continue to be =
advertised in the newsletter and on social media, at least annually and on the City website, and in +-+
the City flood hazard brochure at least annually.
• Activity 610 (Flood Warning and Response): Flood warning and safety information will be
advertised to the entire community in the City flood hazard brochure at least annually, and included X
on the City website and social media w
Flood Response Preparations
In addition to projects that are implemented every year, the PPI Committee recommends projects that will
be implemented immediately before, during, and after a flood. These projects are ready for reproduction
and dissemination after a flood warning. A copy of the Flood Response Preparations (FRP) document was
reviewed by City staff. The document is recommended as a toolkit for the City to utilize as deemed most
appropriate in the event of a major flood or hurricane event. The projects are briefly described at the end
of this PPI in Table 7.
Implementation, Monitoring and Evaluation
Upon adoption of the PPI Report, the various entities listed in Table 6 will begin implementation of the
projects included in the PPI. The CRS Coordinator will monitor the projects as they are developed, as well
as their results. He/she will record input from PPI Committee members and suggestions from other City
employees and stakeholders participating in the activities.
The PPI Committee will meet at least once each year to review the implementation of these projects and
initiatives. At that time, the status of the projects will be explained and progress toward the outcomes will
be discussed. The committee will review the outcomes of the activities to change, add, or approve them.
An evaluation report will then be written and sent by email for approval by the committee. Upon approval
it will be sent to the City Commission and submitted as part of the City's annual recertification package to
the Community Rating System. A review and evaluation of the Flood Insurance Promotion component of
the PPI, and the Flood Response Preparations document will be included in this document.
Program for Public Information Page 8 of 18 September 2024
Flood Insurance Promotion
In addition to serving as the City's Program for Public Information Committee, the members chose to
function also as its Flood Insurance Promotion Committee. The committee was structured with this purpose
in mind; all CRS committee membership requirements are met.
Flood Insurance Coverage Assessment:
Tables 3 and 4 provided helpful information to assess the city's flood insurance coverage.
Table 3: Flood Insurance Coverage by Flood Zone:
Insurance Zone
As of 02/02/2024
AVENTURA.CITY OF s'°'P1 FLORIDA
MIAMI-DARE COUNTY cm: 120676
0--i— 0,,.Pa... P-P—FIA\I
Number of Closed Paid
Policies in Force Premimn Insurance in Force Losses S of Closed Paid Losses Adjustment Expense
A9130K.0 z°°e, 11,758 $1.605,269 $2,708,070,000 246 $5,824,851.39 $477,486.01
Az01eF 1 $1,271 $350,000 2 $8251.35 $850.00
Ao zo°es 0 $0 $0 0 $0.00 $0.00
0 $0 $0 0 $0.00 $0.00
zo°eS 0 $0 $0 0 $0.00 $0.00
'9°zouev 0 $0 $0 0 $0.00 $0.00
V.130&IT z°°es 0 $0 $0 0 $0.00 $0.00
Vz°°P5 0 $0 $0 0 $0.00 $0.00
nz—, 0 $0 $0 0 $0.00 $0.00
a,e e x z°°e
sm°a°.a 443 $69,402 $113,250,000 7 $1,785,177.84 $52,415.79
P1PCP1"" 0 $0 $0 2 $0.00 $790.00
12,202 $1,675,942 $2.821,670,000 257 $T618,280.58 $53L541.80
X
W
Table 4: Flood Insurance Coverage by Occupancy:
Insurance Occupancy
As of 02/02/2024
AVENTURA.CITY OF s'°'P1 FLORIDA
MIAMI-DADECOUNTY ®: 120676
Ocenieie O[CRIIIII[ti -_- Pre�P°sr FIRM
Number of Closed Paid
Policies in Force Premium Insurance in Force Losses S of Closed Paid Losses Adjustment Expense
478 $326,260 $149,651000 46 $366.600.41 $49,552.01
24F°mi'2 23 $9,906 $5,238,000 $0.00 $1,095.00
-01--d—A 11,546 $1,092,329 $21596,139,000 118 $1580,789.51 $181028.18
'°°-d'o-,d 155 $247,447 $70,64L000 90 $3.670.890.66 $297,866.61
F-1 12.202 $1,675,942 $2,921,670,000 257 $7.618,29058 $531,541-90
Policies in Force Premium Iusnrance in Force -snmber of Closed Paid Losses $of Closed Paid Losses Adjustment Expense
c-d° 11.586 $1,093.966 $2.594,921,000 125 $3,591.155.27 $190,733.18
xe°c°°d° 616 $581,976 $226,749,000 132 $4,027,125.31 $340MS.62
1°1.1 12.202 $L675,942 $2,821,670,000 257 $7,618.280.58 $531,541.80
Program for Public Information Page 9 of 18 September 2024
When analyzing claim data, care was taken not to violate privacy rights. According to the FEMA claims
data the City currently has 15 repetitive loss properties. City staff used this data to designate 6 repetitive
loss areas, which together contain 139 buildings with 1025 addresses.
The graph below depicts historical flood insurance claims and claim amounts by year for buildings within
the City of Aventura. The flood insurance claims data, dated May 13, 2024, was provided by FEMA.
Aventura Flood Insurance Claims Analysis by Year
10 ,211,437.]2 $3,000A00.00
W 630 9x 62
$1,SOOA00.00
50 $600g46,94
S?m0 aouuo
m S9x, st 1
$44,516.74 SI,SOOA0n00
$39 z76.n S41Ass.o3
1
6xz,3sz,fiz
� Stz,ns.o6 $1,o6oA6ao6
20
9,]16.59
17 i6
$2,2no'
l0 $1,014A5 $S�.WO.W
1 1 1 1 3
a $-
$1,151 513,92] $1A14 $22'35,,3 $a9,21I7,,7$12f% S37.
f.— $"¢ 17 NN 5".5 1.t 54U. N $37,528 N $666s3 S1.6tw199 1M.� 56.139 NN
C 4o c O P 90 IJ 4a O O P µ O N t] N iT N tJ O O w N w t] �
o lorel n.,.P.,1{sl —POI P.,.n„ms —4wnptSuna.Mmeatnaeacem
Further analysis revealed that the majority of all flood insurance claims resulted from a relatively few number �--+
of extreme weather events. The graph below contains narratives about the five events that caused the
most flood insurance claims. _
#of Paid Claims by Event Date X
70 W
5/7/2013 Bands from Tropical Storm Andrea brought torrential rains to Coastal Broward
and NE Miami-Dade.hundreds of people stranded in their vehicles.An off-duty NW
employee also reported significant Flooding in 6/7/2013,5s
6o his condominium parking garage in Aventura.
A South Florida Water Management District rain
gauge recorded 13.15 inches of rain in North Miami
Beach at 5:53 PM EDT
so
1212312019 A strong cold front moved
through the region behind a deep,
40 10l3I2000 Tropical storm low pressure system that developed
p over the Gulf and pushed eastward.
Leslie brought 10 to 20 Ahead of the cold front,a strong lire
inches of rain to of storms crossed through SFL and
northern Miami-Dade. 919/2 0 1 7-911 012 0 1 7 produced heavy rain
30 An estimated 93000 Major Hurricane 12/23/2019,28 and flooding across
houses were isolated Irma brought a significant the east coast metro
by flood waters.Three 12/17/2009 storm surge of 4-6'in Miami areas.Heavy rainfall of
indirect deaths included persistent band of heavy showers 5 to 10 inches of rain were noted 3 to 5 inches fell
two males who drove produced severe flooding over across South Florida across the area,resulting
20
vehicles into canals sections of SE Broward in stranded cars along
and one man who fell 9/1o/2017,14
from a roof while re paring &NE Miami-Dade. 12/17/2009,12 NE 11th stand Biscayne
p 9 Rainfall reports were Blvd in Miami
a leak. between 3 and 4.3 inches
10 101312000,7
0
tc o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
lO O F+ N W L [A O1 J 00 rO O N N W L N O1 J W rD O F• N W C lT
Program for Public Information Page 10 of 18 September 2024
The PPI Committee used these tables and graphs to make some helpful assessments of the flood insurance
coverage. Discussion ensued as the committee examined the data included in the tables and compared
the history of flood insurance claims with the flood zones and occupancy types of flood insurance policies.
Following are some of the assessments made:
• There are 12,202 active policies in the community and a total of 257 closed, paid claims.
• There are far more policies as well as more claims (11,759 policies with 248 claims totaling
approximately $5.8 million in paid losses) inside the special flood hazard areas than there are
outside these areas (443 policies with 9 claims totaling $1.8 million in paid losses).
• 2.1% of policies within the SFHA experienced a loss with claims averaging $24,000 each
• 1.5% of policies outside SFHA experienced a loss with claims averaging $198,000 each
• The vast majority of all policies in the City are for condos, of which only 1.8% of the policies claimed
a loss.
• Of the 155 non-residential policies, which only make up 1.2% of all policies in the City, 58% claimed
a loss. Totaling $3.7 million, paid claims for the few non-residential policies were virtually equal to the
claim totals paid out for all of the residential claims combined.
o However, five non-residential buildings with repetitive loss histories have recently been
mitigated (all of which sustained their most recent loss during the December 2019 rain event).
o Only three commercial properties and two other non-residential properties remain on the
repetitive loss list
• Considering the size of the City and total number of policies, there are relatively few flood insurance
claims that have been made over the years. The City in general is not as prone to flooding as many X
other communities in south Florida. w
The committee noted that the intensity of flood insurance claims does not tell the complete story of damage
resulting from flooding. Because not all properties carry flood insurance, no doubt there is damage that is
sustained by properties that are not quantified in the NFIP record.
Identification of Target Areas
The committee identified the same target areas as were previously identified in this PPI report.
Target Area#1: Properties within the Repetitive Loss Areas.
Target Area#2: Special Flood Hazard Areas.
Target Area#3: Waterfront Properties on 188th Street (Echo Aventura Area).
Target Area#4: Aventura Town Center Area.
Additionally, due to the low number of policies outside the special flood hazard area, the committee
added "Properties in Low Risk Flood Zones" as an area that should be targeted with messaging about
the importance of insuring buildings in these low risk flood zones. It was determined that residents in
these areas could benefit from information about the local flood hazards that exist in all flood zones,
even low risk flood zones, particularly those posed by extreme rainfall events.
Target Area#5: Low risk flood zones (X-Zones)
Program for Public Information Page 11 of 18 September 2024
Identification of Target Audiences
The committee identified the same target audiences for flood insurance promotion as were previously
identified in this PPI report.
Target audience#1: Real Estate Agencies.
Target audience#2: Insurance Agencies.
Target audience#3: Local Bank Managers.
Target Audience#4: Condominium and Homeowner Associations.
Target audience#5: Chamber of Commerce Members.
Target audience#6: Community Expo Attendees.
Target audience#7: Local Builders'Association Members.
Table 5 below provides a summary of the number of buildings in the respective flood zones in the City of
Aventura:
Table 5: Buildings in flood zones
Number of
Flood Zone Buildings
AE 1,429 _
X 54 Q
Narrative Summary
The committee was in agreement that the promotion of flood insurance is a very important message for
the Aventura community and that it needs to be prioritized. Furthermore, it needs to be addressed to all X
residents and businesses in the community. The committee was reminded that there is a sense in which w
"everyone lives in a flood zone." The following assessments were made by the committee members.
• Repetitive loss areas are typically particularly vulnerable to flooding; targeted outreach to these
areas is recommended.
• The target areas and audiences that were already identified in the PPI are recommended as target
areas and audiences under flood insurance promotion efforts.
• Properties outside the special flood hazard area were also identified for targeted messaging to
promote flood insurance coverage.
• An increase in both building coverage and property content coverage is recommended.
• It was noted that, due to their unique vulnerability as well as the economic importance of local
businesses, owners of commercial properties should also be encouraged to carry flood insurance.
Outcomes of flood insurance promotion efforts should include the following:
• Increasing the number of buildings insured throughout the community, and especially within
the target areas
• Increasing the number of properties with contents coverage
• Increasing the number of properties with flood insurance located outside the SFHA.
Program for Public Information Page 12 of 18 September 2024
Coverage Improvement Plan (CIP):
Projects Designed to Increase Flood Insurance Participation
Numerous projects have already been identified in the previous sections of this PPI document, including
Table 1. These and additional projects are listed in Table 6; among the topics covered and messages
proposed, the promotion of flood insurance is paramount. There are informative brochures in local
insurance agency offices, and there are incentives at these offices designed to promote flood insurance.
Additionally, this community receives FloodSmart commercials on television. Following are a few of the
projects that should be prioritized:
1. Letter from Mayor/City Commission: One key component of the coverage improvement plan is
the letter from the Mayor/City Commission, or other elected official(s), to all properties in the City
encouraging residents and businesses to consider purchase of flood insurance.
2. Outreach to Target Audiences and property owners in Target Areas: The committee determined
that perhaps the ones who need the message of flood insurance promotion most are the ones
identified during the PPI and CIP planning process. These will be recipients of several targeted
outreach projects.
3. Social media postings: Because the City of Aventura has developed effective social media
capabilities, this will be implemented to get the flood insurance promotion message out.
Technical Assistance
The City is committed to providing technical assistance pertaining to advising people who have questions
about flood insurance. This new service is advertised to the entire community in the Flood Hazard Brochure. },
Adoption
This document will become effective when it is adopted by the Aventura City Commission. Adoption is
anticipated in October 2024. X
w
Program for Public Information Page 13 of 18 September 2024
Table 6: PPI/Flood Insurance Promotion Projects and Initiatives
Outreach Projects (OP)
Outreach Target Message(s) Outcome
Project Audience (See Table 2) See Table 2) Project Assignment Schedule Stakeholder
Number
OP#1 1-10 1-10 City Flood Hazard Brochure CRS Coordinator Annually in May
OP#2 1-10 1-10 Handouts and brochures CRS Coordinator Year-round FEMA
available at various locations
Presentations at City Communications
OP#3 1-4 1-4 As needed
Commission meeting Manager
Facebook,X, Instagram,
OP#4 1 - 10 1 - 10 NextDoor, Linkedln and Communications Year-round
YouTube postings of flood Manager
information
Flood insurance promotion
OP#5 2 2 letter from with flood flyer CRS Coordinator May
enclosed (370)
Public service information Communications
OP#6 1 - 10 1 - 10 and announcements on City Manager Year-round
Government Access Channel
OP#7 1 - 10 1 - 10 Print Newsletters Communications Monthly
Manager
OP#8 1 -6 1 -6 Emailed newsletter Communications Year-round
Manager
OP#9 1-10 1-10 Message from the Mayor at CRS Coordinator& Annually
"Condo Connect" event Mayor
OP#10 All properties 1-10 1-10 Message from the Mayor at CRS Coordinator& Annually
in the City "State of the City" Mayor
Messages from"Community A
OP#11 1-10 1-10 Ambassadors"at various CRS Coordinator Year-round Community
community meetings and Ambassadors
events
Advisements against
OP#12 6 6 clogging storm drains and Communications Year-round
polluting drainage system Manager
(MS4 activities)
South Florida
OP#13 1, 6 1, 6 Handouts on water flow and South Florida Water Available year- Water
stormwater management Management District round Management
District
As needed for
OP#14 3, 4, 8- 10 3, 4, 8- 10 CodeRed Communications emergencies
notifications to subscribers Manager and specific
flood events
As needed for
OP#15 3, 4, 8- 10 3, 4, 8- 10 Information Kiosks (IKEs Communications emergencies
throughout City) Manager and specific
flood events
Various TV shows on Miami- May- Miami-Dade
OP#16 1 - 10 1 - 10 Dade County Emergency Miami-Dade County November County
Management TV channel
Program for Public Information Page 14 of 18 September 2024
Table 6: PPI/Flood Insurance Promotion Projects and Initiatives
Outreach Projects (OP)
Outreach Target Message(s) Outcome
Project Audience (See Table 2) See Table 2) Project Assignment Schedule Stakeholder
Number
Hurricane Preparedness Local TV
OP#17 3, 4, 8- 10 3, 4, 8- 10 Guides Published by Local Local TV Channels Annually in May Channels
TV Channels
Hurricane Preparedness
Guide published by Sun Sun Sentinel
OP#18 3, 4, 8- 10 3, 4, 8- 10 Sentinel and Miami-Herald Newspaper staff Annually in May and Miami-
Newspapers Herald
Regional
network TV,
OP#19 3, 4, 8- 10 3, 4, 8- 10 Coverage before,during and Regional network TV May-November radio stations,
after hurricanes and radio stations and The
Weather
Channel
Property Protection
OP#20 1, 4-5 1, 4-5 Advice/Site Visits (Activity CRS Coordinator Year-round
360)
OP#21 1 - 10 1 - 10 Public Library (Activity 350) CRS Coordinator Year-round FEMA
OP#22 1,6 1,6 Map
inquiry service (Activity CRS Coordinator Year-round
320)
City website flood and Communications
OP#23 1 - 10 1 - 10 preparedness information Manager Year-round 2-0
(Activity 350)
Hurricane preparedness Florida Power and Florida Power
OP#24 1 - 10 1 - 10 pamphlet included with Light May and Light
monthly bill X
OP#25 1-10 1-10 Hurricane preparedness Publix May Publix
guide available at stores
Presentation to Homeowner Federation of
OP#26 1-10 1-10 Associations CRS Coordinator September Homeowner
Associations
OP#27 1-10 1-10 Presentations at Chamber of CRS Coordinator Twice per year Chamber of
Commerce Meetings Commerce
OP#28 1-10 1-10 City videos on AvTV Communications September
Manager
Professional associations,
OP#29 1-10 1-10 including property Committee Varies Professional
management, real estate and stakeholders associations
banking
May—general
outreach;
OP#30 Repetitive 1 - 10 1 - 10 Flood awareness information CRS Coordinator followed by FEMA
Loss Areas including flood insurance flood insurance
promotion
outreach
OP#31 Special Flood Electronic and mailed
Hazard Area 1 - 10 1 - 10 distribution of flood CRS Coordinator July FEMA
awareness material
Program for Public Information Page 15 of 18 September 2024
Table 6: PPI/Flood Insurance Promotion Projects and Initiatives
Outreach Projects (OP)
Outreach Target Message(s) Outcome
Project Audience (See Table 2) See Table 2) Project Assignment Schedule Stakeholder
Number
OP#32 Waterfront
properties Electronic and mailed flood
along 188th 1-10 1-10 mitigation materials CRS Coordinator Summer FEMA
Street
OP#33 Commercial
Properties in Electronic and mailed flood
Aventura 1-10 1-10 mitigation materials CRS Coordinator Summer FEMA
Town Center
Area
OP#34 Real estate 1-10 1-10 Flood awareness information CRS Coordinator May FEMA
agencies mailing and/or emailing
OP#35 Insurance 1-10 1-10 Flood awareness information CRS Coordinator May FEMA
agencies mailing and/or emailing
OP#36 Local Bank Flood awareness information
Branch 1-10 1-10 mailing and/or emailing CRS Coordinator May FEMA
Managers
OP#37 Homeowner Flood awareness information At least
and Condo 1-10 1-10 CRS Coordinator FEMA
Associations mailing and/or emailing annually
OP#38 Community Presentation and handout Communications
Expo 1-10 1-10 distribution at Community Manager Annually
Attendees Expo
OP#39 Chamber of Flood awareness information
Commerce 1-10 1-10 mailing and/or emailing CRS Coordinator May FEMA
Members X
OP#40 Flood awareness information LJJ
Residents in including information on At least
low risk flood 1,2 1,2 hazards and insurance CRS Coordinator annually FEMA
zones promotion by mailing and/or
electronic distribution
OP#41 Builders' Flood awareness information At least
Association 1-10 1-10 mailing and/or emailing CRS Coordinator annually FEMA
Members
Program for Public Information Page 16 of 18 September 2024
Table 7: Flood Response Preparations
FRP Target Message(s) Outcome
Number Audience (See Table (See Project Assignment Schedule Stakeholder
2) Table 2)
FRP#1 N/A 1-4; 7-9 1-4; 7-9 Facebook PSAs Communications BeforeManager the storm N/A
FRP#2 N/A 1-4; 7-9 1-4; 7-9 Twitter PSAs Communications BeforeManager the storm N/A
FRP#3 N/A 1-4; 7-9 1-4; 7-9 Email PSAs Communications BeforeManager the storm N/A
FRP#4 N/A 1-4; 7-9 1-4; 7-9 Brochure Communications Before N/A
handouts Manager the storm
FRP#5 N/A 1-4; 7-9 1-4; 7-9 TV/Radio PSAs Communications BeforeManager the storm N/A
FRP#6 N/A 1-4; 7-9 1-4; 7-9 Reverse 911 Communications Before N/A
messages Manager the storm
Newspaper Communications Before �=
FRP#7 N/A 1-4; 7-9 1-4; 7-9 N/A
PSAs Manager the storm
FRP#8 N/A 1-4; 7-9 1-4; 7-9 EOC Communications Before N/A X
communications Manager the storm W
During
FRP#9 N/A 1-4; 7-9 1-4; 7-9 Facebook PSAs Communications Manager the storm N/A
During
FRP#10 N/A 1-4; 7-9 1-4; 7-9 Twitter PSAs Communications Manager the storm N/A
FRP#11 N/A 1-4; 7-9 1-4; 7-9 Email PSAs Communications DuringManager the storm N/A
FRP#12 N/A 1-4; 7-9 1-4; 7-9 Brochure Communications During N/A
handouts Manager the storm
FRP#13 N/A 1-4; 7-9 1-4; 7-9 TV/Radio PSAs Communications During N/A
Manager the storm
FRP#14 N/A 1-4; 7-9 1-4; 7-9 Reverse 911 Communications During N/A
messages Manager the storm
Program for Public Information Page 17 of 18 September 2024
FRP Target Message(s) Outcome
Number Audience (See Table (See Project Assignment Schedule Stakeholder
2) Table 2)
FRP#15 N/A 1-4; 7-9 1-4; 7-9 Newspaper Communications During N/A
PSAs Manager the storm
FRP#16 N/A 1-4; 7-9 1-4; 7-9 EOC Communications During N/A
communications Manager the storm
FRP#17 N/A 1-4; 7-9 1-4; 7-9 Facebook PSAs Communications After theManager storm N/A
FRP#18 N/A 1-4; 7-9 1-4; 7-9 Twitter PSAs Communications After theManager storm N/A
FRP#19 N/A 1-4; 7-9 1-4; 7-9 Email PSAs Communications After theManager storm N/A
FRP#20 N/A 1-4; 7-9 1-4; 7-9 Brochure Communications After the N/A
handouts Manager storm _
FRP#21 N/A 1-4; 7-9 1-4; 7-9 TV/Radio PSAs Communications After theManager storm N/A �--+
Reverse 911 Communications After the N/A !—
FRP#22 N/A 1-4; 7-9 1-4; 7-9 messages Manager storm x
w
FRP#23 N/A 1-4; 7-9 1-4; 7-9 Newspaper Communications After the N/A
PSAs Manager storm
FRP#24 N/A 1-4; 7-9 1-4; 7-9 EOC Communications After the N/A
communications Manager storm
Public Address Communications After the
FRP#25 N/A 1-4; 7-9 1-4; 7-9 System Manager storm N/A
Program for Public Information Page 18 of 18 September 2024
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
er
DATE: September 27, 2024
SUBJECT: Resolution Declaring Property as Surplus
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed of
in accordance with procedures established by the City Manager, so long as the property
has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
RJW/act
Attachment
CC04027-24
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to the
needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has
been declared surplus cannot be disposed of prior to the preparation and formal approval
of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The above recitals are hereby confirmed and adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency
or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
City of Aventura Resolution No. 2024-
PASSED AND ADOPTED this 1st 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 2 of 2
CITY OF AVENTURA
INFORMATION TECHNOLOGY DEPARTMENT
MEMORANDUM
TO: Ronald J. Wasson, City Manager
FROM: Carlos Fernandez, Information Technology Director
DATE: September 24, 2024
SUBJECT: Surplus Computer Equipment
I am requesting that the computer-related equipment listed on the attached be declared
surplus property as the equipment no longer meets the needs of the City.
Many of the applications the City uses have minimum hardware, operating system, and/or
software requirements that computing equipment must meet or exceed. If existing
equipment cannot satisfy those requirements, the equipment is no longer suitable for City
use. In addition, equipment that cannot be repaired and/or is no longer supported by the
vendor should be surplused.
Please let me know if you have any questions regarding this request.
Attachment
City of Aventura
Computer Equipment Inventory
Brand Model Qty Serial Number Type Hard Drive Removed
APC BR700G 1 N/A UPS Battery n/a
Dell OptiPlex780 1 1JR2KM1 Desktop yes
Dell E2147H 1 CN-OT4KPW-QDC00-9AP-2FOB-A07 Monitor n/a
Dell E2147H 1 CN-OT4KPWQDC00-9AP-2G48-A07 Monitor n/a
Dell Latitude 5400 1 12Q21-13 Laptop yes
Dell Latitude 5400 1 2N882Z2 Laptop yes
Shuttle DS81 D 1 DS81000901 G36F00599 Desktop yes
Dell Latitude 5400 1 26831-13 Laptop yes
Dell OptiPlex 7070 1 CD4NQ53 Desktop yes
Dell Latitude 5400 1 FQ882Z2 Laptop yes
APC BR700G 7 N/A UPS n/a
Dell Latitude 3410 1 88PY963 Laptop yes
Dell OptiPlex 7060 1 CSY2PY2 Desktop yes
Dell 2709Wb 1 MX-OHW1 17-74262-91 Q-1 2WS Monitor n/a
Dell Optiplex 7050 1 HFNNJK2 Desktop yes
Dell F2418HN 1 CN-OGXY2M-QDC00-7CQ-03U1-A04 Monitor n/a
Dell OptiPlex 7050 1 HG2SJK2 Desktop yes
Fujitsu Fi-7160 1 A36DH33763 Scanner n/a
Verizon MiFi8800L 1 649496024116 Mi-Fi yes
Dell Optiplex 7040 1 5NLLRD2 Desktop yes
Dell Latitude 5400 1 48G82Z2 Laptop yes
Dell P22121-lf 1 CN-0174R7-72872-2CR-AF4M Monitor n/a
HP Deskjet 6940 1 MY957CKOTD Printer n/a
Dell OptiPlex 7060 1 CSWZNY2 Desktop yes
Dell OptiPlex 7060 1 JGPTHQ2 Desktop yes
Dell Optiplex 7050 1 HFVSJK2 Desktop yes
Dell Optilex 3070 1 FHNFX53 Desktop yes
Dell Optilex 3070 1 FM4LX53 Desktop yes
Dell Optiplex 7060 1 70WOFW2 Desktop yes
Dell Optiplez 7070 1 CD1QQ53 Desktop yes
Dell Optiplex 7060 1 CN8YNY2 Desktop yes
Dell Optiplex 7060 1 13JCMR2 Desktop yes
Dell Latitude 5400 1 CN882Z2 Laptop yes
Dell Latitude E6440 1 4R4LG12 Laptop yes
Dell P2011 HT 1 CN-OYR64P-74445-18B-AVSL Monitor n/a
Dell OptiPlex 7060 1 HFZZNY2 Desktop yes
Dell OptiPlex 7060 1 702YDWZ Desktop yes
Dell OptiPlex 7070 1 CCNTQ53 Desktop yes
Dell Optiplez 7060 1 CNX5PY2 Desktop yes
APC SMX1500 1 AS2024244631 UPS n/a
APC Need 1 no serial UPS n/a
HP Designjet T930 1 CN811-161-101Y Plotter n/a
HP Designjet T230 1 CN1372MOMB Plotter n/a
Dell OptiPlex 7060 1 1277MR2 Desktop yes
Dell PowerEdge R730XD 1 7BM2482 Server n/a
HP OfficeJet Pro 6230 1 TH7BS6R136 Printer n/a
Dell OptiPlex 5090 1 6R9K5K3 Desktop yes
Dell Latitude 7320 1 15388G3 Laptop yes
APC RBC24 2 5a2321t16070 APC Replacement n/a
Shuttle DS81 1 DS81000901G28f00661 Desktop yes
M itel I P485 1 114201 FW 173654194E Phone n/a
Dell Optiplex 9020 1 G544W52 Desktop es
Page 1 of 3 9/24/2024
City of Aventura
Computer Equipment Inventory
Brand Model Qty Serial Number Type Hard Drive Removed
Dell E24171-lb 1 CN-OT4KPW-74261-67L-1P9L-A00 Monitor n/a
Dell E24171-lb 1 CN-OT4KPW-74261-67L-1 P1 L-A00 Monitor n/a
Dell OptiPlex 7060 1 70YYDW2 Desktop yes
Dell Latitude 3410 1 8DPY963 Laptop yes
Dell Latitude 5430 1 8YGZTQ3 Laptop yes
HP OfficeJet Pro 6230 1 TH91E7R2H1 Printer n/a
HP OfficeJet Pro 6978 1 TH76R1 R09K Printer n/a
Dell Optiplex 7060 1 CSTZNY2 Desktop yes
Dell Optiplex 3040 1 523CMF2 Desktop yes
APC BR700G 1 4B1925P05032 UPS Battery n/a
Dell OptiPlex 7070 1 CD3TQ53 Desktoop yes
HP LaserJet Pro M404n 1 PHBCK06172 Printer n/a
IDVille 3633 1 63F8518 Card Printer N/A
APC BR700G 1 481938P30859 UPS Battery n/a
TAG TECSLATE 1 TAET165EJHPBBB042E042 65" Touch Screen n/a
Dell Latitute 1 F097763 Laptop yes
Dell OptiPlex 5090 1 GR9K5K3 Desktop yes
Dell OptiPlex 5090 1 9T5CPR3 Desktop yes
Dell OptiPlex 5090 1 5V9K5K3 Desktop yes
Dell OptiPlex 5090 1 GT5CPR3 Desktop yes
Dell OptiPlex 5090 1 JN6K5K3 Desktop yes
Dell OptiPlex 5090 1 4S5CPR3 Desktop yes
Pansonic WV-S1550L 8 n/a Camera n/a
Pansonic WV-S8530N 7 n/a Camera n/a
Pansonic WV-S2531 LN 4 n/a Camera n/a
Pansonic WV-X4571 L 4 n/a Camera n/a
Cisco Catalyst 3560 1 (01)07898362231186 Switch n/a
Dell OptiPlex 7050 1 65BMWK2 Desktop yes
Dell OptiPlex 3070 1 FNVDX53 Desktop yes
Dell OptiPlex 7050 1 65VMWK2 Desktop yes
Dell DELL E2216H 1 JF44Y76MA8RU Monitor n/a
Dell DELL E2216H 1 JF44Y76MAPNU Monitor n/a
Dell DELL E2216H 1 JF44Y76MA8NU Monitor n/a
Dell Latitude 5420 1 HTDJG3 Laptop yes
Dell OptiPlex 7090 1 74K35K3 Desktop yes
MikroTik Groove 3 N/A Router n/a
Cisco MR18 1 Q2GD-TP8F-VJWA Wireless AP n/a
Advidia A-44-IR-V2 3 n/a Camera n/a
Pansonic WV-X4571 L 1 n/a Camera n/a
Advidia A-44-IR-V2 1 n/a Camera n/a
Advidia P-24 1 n/a Camera n/a
Advidia A-34W 5 n/a Camera n/a
Panasonic WV-S2531 LN 12 n/a Camera n/a
Advidia P-24 1 n/a Camera n/a
TAG TECSLATE 1 wffz3kfr66x6kacu Desktop yes
Dell OptiPlex 7050 1 65WQWK2 Desktop yes
Dell DELL E2216H 1 JF44Y76MAREU Monitor n/a
Page 2 of 3 9/24/2024
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager 6�L
BY: Keven R. Klopp, Community Development Director
Aw�
DATE: September 27, 2024
SUBJECT: Resolution Selecting Firm to Perform Building Plan Review and
Inspection Services - ISQ #24-08-30-3
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution that selects
the firm CAP Government, Inc. to perform Building Plan Review and Inspection Services
in accordance with ISQ #24-08-30-3.
BACKGROUND
CAP Government has been performing Aventura's building plan review and inspection
services since November 1996 when the City took over this function from Miami-Dade
County. The current contract, executed on October 26, 2021, expires on November 13,
2024. An ISQ (Invitation to Submit Qualifications) was prepared to solicit firms to submit
qualifications pursuant to the City's purchasing procedures.
The following firms submitted proposals by the opening date of September 4, 2024.
• CAP Government, Inc.
• Eastern Engineering Group
• M.T. Causley, Inc.
A Committee consisting of the Deputy City Manager, Community Development Director,
Public Works Director and Community Development Operations Manager was
established to review and rank the submittals. The Committee members individually
reviewed each firm's qualifications and then met on September 11, 2024 to discuss the
submittals. Each committee member individually ranked the proposals. The Committee
ranking tabulation sheet is attached. The consensus ranking is as follows.
1. CAP Government, Inc.
2. M.T. Causley, Inc.
3. Eastern Engineering
Based on the rankings, the Review Committee recommends the firm of CAP Government,
Inc. be selected for negotiations. CAP Government has been performing the building plan
review and inspection services since 1996 and has demonstrated the ability to perform
those services in a satisfactory and timely manner. The other firms did not demonstrate
an equivalent ability to provide the services to the City when considering the size,
characteristics and building structures in Aventura.
Based on the foregoing, it is recommended that CAP Government, Inc. be selected to
perform the services requested in the ISQ. The resolution authorizes the City Manager to
negotiate a contract, which will be presented to the City Commission at a future meeting.
CAP Government Inc.'s submittal is attached for reference.
2
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF CAP
GOVERNMENT, INC. TO PERFORM BUILDING AND PLAN REVIEW
SERVICES IN ACCORDANCE WITH ISQ #24-08-30-3; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR
SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH AN
ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH THE SELECTED FIRM BE UNSUCCESSFUL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with applicable state law, has
requested proposals from firms to perform Building and Plan Review Services in
accordance with ISQ #24-08-30-3; and
WHEREAS, said proposals were evaluated by a Review Committee consisting of
the Deputy City Manager, the Community Development Director, the Public Works
Director, and the Community Development Operations Manager; and
WHEREAS, said Review Committee recommends that the firm of CAP
Government, Inc. be selected based on said firm's experience and qualifications; and
WHEREAS, said review Committee recommends the selection of the firm of M.T.
Causley, Inc. should the City be unable to reach favorable terms with the firm of CAP
Government, Inc.; and
WHEREAS, the City Commission desires to authorize the City Manager to
negotiate a scope of services and fees with the recommended firm and with the alternate
firm, should negotiations with the recommended firm be unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of CAP Government, Inc. is hereby selected to perform
Building and Plan Review Services in accordance with ISQ #24-08-30-3.
Section 2. The firm has been selected on the basis of its experience and
qualifications and has not finalized a fee structure with the City; therefore, the City
Manager shall immediately negotiate the scope of services and basis of fees with said
firm.
City of Aventura Resolution No. 2024-
Section 3. The basis of the fees described above shall be negotiated by the City
Manager and approved by the City Commission prior to said firm beginning any labor or
work for which the City may later be billed.
Section 4. In the event the City is unable to come to favorable terms and fees
with the firm of CAP Government, Inc., the City Manager is hereby authorized to negotiate
scope of services and fees with the alternate firm of M.T. Causley, Inc.
Section 5. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 1st 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
WEIS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
Exhibit#2
CITY OF AVENTURA
PROFESSIONAL BUILDING REVIEW AND INSPECTION CONSULTING SERVICES
ISQ#24-08-30-3
Evaluation Committee Ranking
Wednesday,September 11, 2024
Community
Community Development
Assistant City Development Public Works/ Operation Total
Company Name Manger Director Transporation Director Manager Points Rank
MT CAUSLEY 58 87 60 61 266 2
EASTERN ENGINEERING GROUP 45 84 40 34 203 3
CAP GOVERNMENT, INC. 90 96 90 78 354 1
Evaluation Committee Short Listed Total Score is based on Proposal Criteria as outlined on pages 22 to 24
of the above-referenced RFP under"Evaluation of Proposals"
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Signature: Indra K. S , C PB Date
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ISQ# 24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND
INSPECTION CONSULTING SERVICES
Submitted by:
C.A.P. Government, Inc.
343 Almeria Avenue
Coral Gables, FL 33134
(305) 448-1711
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Title Page
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CITY OF AVENTURA
INVITATION TO SUBMIT QUALIFICATIONS
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PROFESSIONAL BUILDING PLAN REVIEW AND
INSPECTION CONSULTING SERVICES FOR THE
CITY OF AVENTURA
ISQ # 24-08-30-3
FRIDAY, AUGUST 30, 2024
cap
cap government
A Bureau Veril as Company
SUBMITTED BY:
C.A.P.GOVERNMENT,INC.
343 ALMERIA AVENUE
CORAL GABLES, FL 33134
(305) 448-1711
capenin@capfla.com
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2 ) Table of Contents
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TABLE OF CONTENTS
cap government
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1 . Title Page 1
2. Table of Contents 2
3. Transmittal Letter 3-4
4. Technical Proposal 5-10
5. Price Proposal 11 -12
6. Appendix A and Appendix B 13-14
• Scope of Services Available 15
• Firm Qualifications 16-26
• References 27
• Appendix C 28-29
• Proposal Forms 30-65
• Standard Form 330 66-86
2
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Transmittal Letter
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P
August 30,2024 cap government
Mr. Ronald J.Wasson
City of Aventura
City Manager
19200 West Country Club Drive,5" Floor
Aventura, FL 33180-2403
RE: Invitation to Submit Qualifications for Professional Building Plan Review and Inspection
Consulting Services-ISQ#24-08-30-3
Dear Mr.Wasson:
C.A.P. Government, Inc. (CAP) is pleased to submit our response to the City of Aventura's Invitation
to Submit Qualifications (ISQ# 24-08-30-3) for Professional Building Plan Review and Inspection
Consulting Services. We have a clear understanding of the Scope of Services and have
submitted an electronic copy of our response via DemandStar.
CAP has over thirty-five (35) years of experience in providing outsourced services to governmental
agencies in the State of Florida. CAP is especially proud of our longstanding relationship with the
City of Aventura. Since the City's incorporation in November 1995, we have delivered
exceptional Building Department services continuously over the last twenty-nine(29)years.
Our company's success is a direct result of our commitment to valuing our employees, clients, and
customers.This dedication has driven not only our growth, but also equipped us with the expertise
and reliability necessary to continue delivering exceptional services to the City of Aventura. We are
confidentthat our proven track record and our shared values make us uniquely qualified to meet and
exceed the City's expectations.
As a testament to our continuing partnership with the City of Aventura, we recently entered into a
joint agreement led by Mr. Keven Klopp,Community Development Director to analyze key activities,
workflows, and operational processes, and identify areas for improvement. The resv_ere so
PQaWy_ethatm h-ay-e-a—e,�-I_y_O7plemented inn_Q�atw_e approaches a nd_teonal4gie5 to,%trPAmlin_e
processes, imorQye effici�..CL=�+,end enhanQe s�rv1Q"p_L[v". Some of our findings are detailed in
the "Process of Improvement"Section included in this ISQ.
We are committed to delivering our services throughout the duration of the contract. CAP
pledges to provide efficient, cost-effective, and high-quality solutions to the City by ensuring we
maintain the necessary resources to meet the requirements outlined in the Scope of Services. Our
response represents an irrevocable offer valid for one hundred twenty(120)days following the
submission date of this proposal.
In closing, allow me to highlight some key factors that demonstrate why we are the best
qualified firm for this engagement.
343 Almeria Avenue,Coral Gables, FL 33134 • O 305.448.1711 • F 305.448.1712
capfla.com 3
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August 30,2024
Mr.Ronald J.Wasson
cap government
RE: Invitation to Submit Qualifications for Professional Building Plan Review and Inspection Consulting Services-
ISQ#24-08-30-3
Page Two
No other company in Florida can match our extensive experience,broad client base,and substantial
workforce.%Uhy ks_,_._.f v thv nunibem?
35 Years in Business (Est. in 1989).
32 Years Outsourcing Building Services Exclusively to the Government
11 Municipal Clients- Full Service
64 Municipal Clients-Supplemental Services
7 Educational Clients
82 Total Building Department Outsourcing Clients
29 YEARS WITH THE CITY OF AVENTURA
19 Years with the City of Weston
35 Years with a Headquarter located in Miami-Dade County
11 Years providing Electronic Plan Review(EPR)
290+ Employees dedicated to outsourcing Building Services
Finally, C.A.P. Government, Inc. has proudly provided Building Department services to the City of
Aventura for the past twenty-nine (29) years. Our extensive experience has given us an in-depth
understanding of the City's Building Department,to the extent that we are not just a service provider
but an integral part of the Department's culture and operations. Our long-standing partnership and
deep integration positions us to uniquely continue delivering exceptional service tailored to the
City's specific needs.
If given the opportunity,we will continue to provide customer centered Building Department services
to the City. If you require any additional information,or wish to discuss this proposal further, please
contact me at 305.458.6000.
Very truly yours,
C.A.P. Govern Inc.
Carlos A. Penin, PE
President
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4 ) Technical Proposal
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CITY OF AVENTURA Cap
ISQ#24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
cap government
F.TECHNICAL PROPOSAL
C.A.P. Government, Inc. (CAP) is confident in our qualifications, competence and capacity
to continue providing Professional Building Plan Review and Inspection Consulting
Services to the City of Aventura (City). Since 1995, CAP has been delivering professional
services to the City and is thoroughly familiar with the City's regulations and Building
Department policies.
CAP has extensive experience in the building industry, our firm has a proven track record of
successfully managing building departments, ensuring compliance with local, state, and
federal regulations. We have in-depth knowledge of the Florida Building Code and the
specific requirements for the Miami-Dade County High-Velocity Hurricane Zone (HVHZ).
This expertise allows us to deliver services that meet the highest standards of safety and
compliance. Our team of certified professionals, such as licensed Building Officials, plans
examiners, and inspectors, have the knowledge and specialized skills to continue
providing services to the City.
CAP is dedicated to maintaining the highest levels of service. Our procedures and quality
assurance practices ensure that every permit submittal is completed to the highest
standards. From permit application intake, plans reviews, and inspections services, we
have performed to the highest levels. In addition, we have decades of experience in
responding to emergencies, and compliance management, our firm provides a full
spectrum of building division services tailored to the unique needs of each city.
We have implemented innovative approaches and technologies to streamline processes,
improve efficiency, and enhance service delivery. Our use of advanced permitting software
and data management systems ensures seamless operations.
Most recently,we entered into a joint agreement led by Mr. Keven Klopp, Community
Development Director at the City to analyze key activities,workflows, and operational
processes, and identify areas for improvement. Some of our findings are detailed in
the "Process of Improvement" Section below.
CAP currently provides a dedicated team that manages and delivers all of the City's
Building Department operations. CAP currently provides the following services:
• Provides building inspection and plan review services pursuant to the Florida Building
Code (FBC), includingthe Miami-Dade County High-Velocity Zone and City amendments
thereto.
• All services are performed by CAP employees including permit application intake, permit
issuance,and records management tasks performed by Permit Clerks.
5
CITY OF AVENTURA Ed
ISQ#24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
Xkd VerlL Cm 1
• CAP employees coordinate all work through the City's Building Official for building
inspection and plan review services and through the City's Office Manager for clerical
functions.
• CAP provides the necessary vehicles, uniforms, radios and equipment, including I-Pads for
employees to perform the services required by this Agreement.
• CAP employees wear a standard uniform shirt and if applicable, safety equipment
appropriate for their role.
• Finally, CAP offers support services and personnel as requested by the City, assisting with
the organization and coordination of various activities in collaboration with City staff.
COMPETENCE
For the past twenty-nine (29) years CAP has successfully and efficiently been
providing Professional Building Plan Review and Inspection Consulting services to the
City of Aventura. Our firm and personnel have the competence and knowledge to
continue performing the services outlined in this ISQ, Section B. Scope of Services.
',APACITY
C.A.P. Government, Inc. is fully equipped to deliver the professional services outlined in
this Invitation for Services (ISQ). Our team possesses the essential resources, skills,
expertise, and equipment required to meet and exceed expectations. The following key
staff members are currently providing dedicated services to the City of Aventura.
The following demonstrates their qualifications:
Mr. Marco Lux, PE,-Structural Plans Examiner and Inspector
Mr. Lux has over thirty(30)years of professional engineering experience as a civil engineer, including
structural analysis in High Velocity Hurricane Zone (HVHZ), as well as design and construction
supervision for water resources projects, airport facilities, and transportation facilities. Marco
reviews construction documents for compliance with local jurisdictions and as prescribed by the
Florida Building Code (FBC), the ASCE-7 and other related standards. He is certified under the
requirements of Chapter 8, Article 11 and by the Miami-Dade County Board of Rules of Appeals
(BORA).
Mr.Allen Pert, PX, BN —Chief Building Plans Examiner and Inspector
Mr. Per[ has over twenty(20)years of experience in the construction industry, serving as a licensed
plans examiner and standard building inspector, and certified general contractor. His expertise
encompasses the plans review and inspection of a wide variety of Commercial and Residential
projects, and overseeing structural construction for large, medium and small projects, including
new and existing buildings, commercial buildouts, and providing 40-year inspection consultations
while adhering to rigorous safety standards and practices contained in the Florida Building Code
(FBC). He is certified under the requirements of Chapter 8, Article 11 and by the Miami-Dade County
Board of Rules of Appeals (BORA).
6
CITY OF AVENTURA Ed
ISQ#24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
.���a.-_ow
Mr. Ebel Morey Cuba, PX, BN—Chief Mechanical Plans Examiner and Inspector
Mr. Morey-Cuba has over twenty-five (25)years of experience as a licensed mechanical
and air conditioning contractor, specializing in the review of mechanical design documents
and field inspections for compliance with the requirements of the Florida Building Code
(FBC), with emphasis on the requirements of the FBC- Mechanical and the Florida Energy
Conservation Code.
Mr.Alfredo Sanchez, PX, BN—Chief Electrical Plans Examiner and Inspector
Mr. Sanchez has over fifteen (15) years of experience in the construction industry as an electrical
plans examiner and inspector. He performs plans reviews of electrical design documents and
inspections to verify compliance with all standards as outlined in the Florida Building Code (FBC),
with emphasis on the requirements of the National Electrical Code (NEC) and other related NFPA
Standards. His expertise also includes the installation of electrical equipment and infrastructure,
like switchboards, panel boards, and transformers. Additionally, he is skilled at low voltage
installations for telephone, data, and fire alarm systems in both new and existing construction. He
is certified under the requirements of Chapter 8, Article II and by the Miami-Dade County Board of
Rules of Appeals (BORA).
Mr. Miguel Pino, PX, BN —Chief Plumbing Plans Examiner and Inspector
Mr. Pino has over thirty (30) years of experience in plumbing services, including the examination of
plans and inspections for both residential and commercial properties to verify compliance with the
Florida Building Code (FBC), the FBC-Plumbing and other regulations and requirements in the
construction of the Plumbing trade. He specializes in testing new and existing plumbing systems to
ensure proper installation. He is certified under the requirements of Chapter 8, Article II and by the
Miami-Dade County Board of Rules of Appeals (BORA).
BUSINESS APPROAC
C.A.P. Government, Inc. (CAP)has been providing"customer centered" Professional
Building Plan Review and Inspection Consulting Services to the City of Aventura (City)
since 1995. CAP has decades of experience and remains dedicated to ensuring that every
project adheres to the highest standards of safety and compliance with the Florida Building
Code (FBC)
As the incumbent, our company is uniquely poised to exceed the requirements of this
new Invitation to Submit Qualifications for(ISQ#24-08-30-3). Our qualified and
dedicated professionals provide efficient and accurate Building Plan Review and
Inspection Consulting Services with high standards of customer service. We have built a
strong partnership with the City and all stakeholders to focus on a commitment to long-
term success together. If selected, we will continue our high levels of service to the City,
thereby eliminating any need for a service transition.
7
CITY OF AVENTURA Cap
ISQ#24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
cap government
We have reviewed the "Scope of Services" in this ISQ and are confident we can continue to
perform all of the responsibilities required by(ISQ#24-08-30-3) as an outsourced partner
to the City's Building Division. CAP will continue to provide experienced professionals that
provide all services related to enforcement of the Florida Building Code (FBC) and related
standards including permit administration, plan reviews and inspections.
CAP commits to continue following all responsibilities and requirements of the City of
Aventura•
• All inspections shall be completed within twenty-four(24) hours after the City's Community
Development Department receives a request for inspection.
• Permit applications shall be accepted in person, hard copy format, as well as in digital
format.
• Application review may be in both formats or in digital format only. If review is in digital
format only, consultant shall be responsible for converting hard copy applications to digital
format. Applicable fees for conversion may be charged subject to their having been added
to the City's Fee Schedule approved by resolution.
• Plan reviews shall be completed within ten (10)working days after the City receives a
request for plan review.
• Plan reviewers will work from 7:30 a.m.to 9:00 a.m. at the City's Building Division. Building
Division counter hours shall be from 8:00am to 3:30pm.
• All assigned personnel will be required to pass a background security check and be
certified by the local Board of Rules and Appeals as applicable prior to any work
assignment.
• All assigned personnel must be properly licensed and certified in accordance with F.S. 455,
468,471,481 and 489 as required.All current licenses and certifications shall be provided
to and kept on file by the City's Building Official.
• Permit Clerks shall be Notary Publics, as necessary,to charge for and provide this service
wheneverthe Building Division is open to the public
CUSTOMER SERVICE
The CAP team greets customers and handles inquiries and complaints with the utmost
professionalism.We are dedicated to achieving high levels of customer satisfaction and
loyalty through our attentive service and commitment to resolving any issues promptly.
EMERGENCY SERVICES
CAP is aware of the devastating effects that a hurricane and other disasters can have on a
community. Our management, technical, and administrative staff have the experience,
hands-on knowledge and training to work with the City before, during and after these
occurrences. Our firm specializes in providing comprehensive services tailored to the
Miami-Dade County High-Velocity Hurricane Zone (HVHZ).We are equipped to handle the
unique challenges posed by the HVHZ, ensuringthat buildings meet the stringent
standards required for high-wind environments.
8
CITY OF AVENTURA Cap
ISQ#24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
cap government
PROCESS OF IMPROVEMENT
As stated above, CAP and the City of Aventura's Community Development Department
under the leadership of Director Mr. Keven Klopp, entered into a joint agreement to develop
a process of improvements focusing on the Building Division. This process identified
areas of improvement and proposed solutions to optimize and enhance the Building
Division Departments. During the engagement, we delivered reports, process flow
diagrams of current and future states, and detailed workflow documentation.
Significant outcomes include the establishment of formal processes for managing notary
services, ROW contractor documentation, and temporary trailer permits within TRAKiT.
Additionally, protocols and improvements were made to inspection scheduling, including
the implementation of eTRAKiT for more efficient operations. These enhancements are
expected to streamline workflows, reduce errors, and improve overall service delivery in
the Building Division. We look forward to continuing to develop and improve customer
service, transparency and efficiency.
EMERGENCY SERVICES
CAP is aware of the devastating effects that a hurricane and other disasters can have on a
community. Our management, technical, and administrative staff have the experience,
hands-on knowledge and training to work with the City before, during and after these
occurrences. Our firm specializes in providing comprehensive services tailored to the
Miami-Dade County High-Velocity Hurricane Zone (HVHZ).We are equipped to handle the
unique challenges posed by the HVHZ, ensuringthat buildings meet the stringent
standards required for high-wind environments.
Our Business Approach is the outsourcing of the City's Building Division. By
leveraging external expertise for building department functions,we enhance
efficiency and effectiveness in managing permits, inspections, and compliance with
the Florida Building Code (FBC) and other regulatory standards.
This allows us to provide specialized services, optimize resource allocation, and
ensure high-quality performance while minimizing the administrative and operational
burdens on the City.
9
CITY OF AVENTURA Ed
ISQ#24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
nment
0.Bureo Yentas Compony
WHY US?
CAP fulfills the Mandatory Elements to continue providing services to the City of
Aventura.
a) Our Company is independent and licensed to practice in Florida.
b) Our Company has no conflict of interest with regard to any other work performed
by us for other entities.
c) Our Company adheres to the instructions in this request for proposal on
preparing and submitting the proposal.
d) Our Company has been in business and has pertinent experience for thirty-five
(35)which is thirty(30)years longer than required by this ISQ.
2. INDEPENDENCE
C.A.P. Government, Inc. does not have any conflicts of interest that would hamper its
ability to provide the Building Plan Review and Inspection Consulting Services to the City of
Aventura. If awarded, we will provide the City with written notice of professional
relationships entered into with other entities during the period of the agreement.
3. LICENSE TO PRACTICE IN FLORIDA
At CAP, we prioritize maintaining the highest standards of professional excellence and
regulatory compliance. All of our assigned key professional staff are fully licensed and
certified in accordance with Florida Statutes and relevant regulations.
4. PRICING
Please refer to Tab 5: "Price Proposal"
10
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CITY OF AVENTURA Ed
ISQ#24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
nment
A Bureo Yentas Compony
FEE SCHEDULE: PERCENT OF REVENUE SHARING
Since its founding in 1995,the City of Aventura has sought to address the outsourcing of Building
Department Services through a compensation model based on a "Percent of Revenue."This
approach is both innovative and efficient, as it shifts the responsibility and risk associated with
providing these services to the Consultant. Under this model, the Consultant is required to meet
the prescribed "level of services" by adjusting the number of personnel assigned to the City's
Building Department, based on the volume of work and revenue generated.
Over the last twenty-nine(29)years C.A.P. Government, Inc. (CAP) has been compensated seventy
(70%) percent of the total monthly Building Department Building Permit fees collected. It was later
revised to seventy(70%) percent of the first fifty$50,000 dollars and a reduction to sixty-five (65%)
percent thereafter.
We propose to keep this arrangement the same,subject to fee negotiations with the City.
This is shown in the Percent of Revenue table below:
Percent of Revenue City CAP
CAP shall be compensated at a rate equal to Seventy(70%)
Percent and the City shall receive Thirty(30%) Percent of 30.0% 70.0%
the gross Building Permit Fee amounts collected by the
City.
If the gross permit fees exceed Fifty Thousand($50,000)
dollars in a month,CAP's portion for that month shall be
reduced to Sixty-Five(65%) Percent and the City shall
receive Thirty-Five(35%) Percent of that portion exceeding 35.0% 65.0%
Fifty Thousand($50,000)dollars.
The fees paid to CAP satisfies and covers all work performed by CAP on behalf of the City.
Only when the City requests"additional services"does the compensation model go into the
hourly rates shown below. With either of the two(2) models, all work is included in the overall
fees proposed.
11
CITY OF AVENTURA Ed
ISQ#24-08-30-3
PROFESSIONAL BUILDING PLAN REVIEW AND INSPECTION CONSULTING SERVICES
P k3rew LT— 1
FEE SCHEDULE
Additional fees may apply and will be based on the Hourly Rates Table shown below. These
additional fees apply only if approved by the City Manager or their designee.
POSITION HOURLY RATES
Building Official $200.00
Professional Structural Engineering/ Plans Examiner $ 185.00
Professional Civil, Electrical, Mechanical Engineer $ 135.00
Project Manager $ 125.00
Engineer/Designer/Plans Examiner(Other than Structural) $ 110.00
CADD Technician $75.00
Field Inspector $90.00
Zoning Inspector $85.00
Administrative Assistant $60.00
Clerical $50.00
Vehicle Travel (with proper documentation) $0.67/mile
Out of Pocket(pass-through) Cost+ 10%
12
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
DATE: September 27, 2024
SUBJECT: Recommendation to Approve a Resolution for Speed Detection
Cameras in School Zones
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission approve a resolution authorizing the City
Manager to enter into an agreement with RedSpeed Florida, LLC for the installation and
operation of speed detection cameras in designated school zones.
BACKGROUND
In 2023, a state law was enacted allowing municipalities to use speed detection systems
to enforce speeding violations in school zones where vehicles exceed the posted speed
limit by more than 10 miles per hour during designated times. As part of the City's
commitment to enhancing public safety, particularly for children and pedestrians near
schools, the Commission amended the City Code of Ordinances on September 3, 2024,
to allow for the placement and operation of these systems in school zones, in compliance
with state law.
The proposed resolution will authorize the City Manager to enter into an agreement with
RedSpeed Florida, LLC ("RedSpeed") to provide speed detection services in the City's
designated school zones. RedSpeed is a well-established provider of speed enforcement
systems, with expertise in installing, operating, and maintaining speed detection cameras
in similar settings. By contracting with RedSpeed, the City seeks to enhance enforcement
of speed limits around schools and improve safety during critical school zone hours.
If you have any questions or require further information, please do not hesitate to contact
me.
RJW/act
Attachment
CC04028-24
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 AGREEMENT WITH REDSPEED FLORIDA, LLC FOR
SPEED DETECTION CAMERAS IN DESIGNATED SCHOOL ZONES;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 2023 a state law 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 during certain days and times; and
WHEREAS, at the September 3, 2024 City Commission meeting, the Commission
amended the City Code of Ordinances to authorize the placement, installation and
operation of a speed detection system in designated school zones consistent with state
law; and
WHEREAS, state law further authorizes local governments to contract with a
vendor to place or install a speed detection system within the roadways maintained as
school zones; and
WHEREAS, the City Commission finds that it is in the best interest and welfare of
the residents of the City to approve this Resolution and authorize the City Manager to
contract with RedSpeed Florida, LLC ("RedSpeed") to provide the services in connection
with the operation of speed detection cameras in the designated school zones.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That each if the above-stated recitals are hereby adopted, confirmed,
and incorporated herein.
Section 2. That the City Commission hereby authorizes the City Manager to enter
into an agreement with RedSpeed for speed detection cameras in the City's school zones,
a copy of the agreement which is attached hereto as Exhibit "A".
Section 3. That the City Manager is authorized to do all other things necessary to
carry out the aims of this Resolution.
Section 4. 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 1st 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
WEIS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 2 of 2
SpEE&
PROFESSIONAL SERVICES AGREEMENT
October 1, 2024
This AGREEMENT (the "Agreement") made this 1st day of October, 2024, (herein the
"Commencement Date"), between RedSpeed Florida, LLC, a Florida Limited Liability Company
(herein "REDSPEED"), with its principal place of business at 400 Eisenhower Lane North,
Lombard,IL 60148, and the city of Aventura, a political subdivision authorized and created by the
State of Florida(herein "GOVERNING BODY"),with principal offices at 19200 W. Country Club
Drive, Aventura, FL 33180.
WITNESSETH:
WHEREAS, REDSPEED has the exclusive knowledge, possession, and ownership of
certain equipment, licenses, and processes referred to collectively as the "Speed Photo
Enforcement System" (herein "SPE System"); and
WHEREAS GOVERNING BODY desires to use the SPE System to monitor and enforce
school zone speed, and may, in the future, desire to monitor and enforce red light violations or
other traffic movements and to issue citations for traffic violations; and
WHEREAS, on or about June 1, 2023,the Governor of the State of Florida signed HB 657
into law, resulting in Laws of Florida 2023-174; and
WHEREAS the Laws of Florida 2023-174 expressly authorizes municipalities to use traffic
infraction detectors to enforce certain provisions of Chapter 316 of the Florida Statutes; and
WHEREAS, prior to initiating a camera program the GOVERNING BODY's City
Commission has adopted or will adopt an ordinance, which authorizes GOVERNING BODY's
Traffic Safety Camera Program ("TSCP") and provides for the implementation and operation of
such program by REDSPEED, as agent of GOVERNING BODY.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth
herein and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, REDSPEED and GOVERNING BODY agree that the Agreement shall be as
provided herein:
TERMS AND CONDITIONS
1. DEFINITIONS:
As used in this Agreement,the following words and terms shall, unless the context otherwise
requires, have the respective meanings provided below:
"Motor Vehicle" means any self-propelled vehicle not operated upon rails or guideway,
but not including any bicycle or electric personal assisted mobility device.
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"Notice of Violation" means a citation or equivalent instrument issued by a competent
state or municipal law enforcement agent or agency or by a court of competent
jurisdiction relating to a violation documented or evidenced by SPE System or
REDSPEED as an agent of such law enforcement agent, agency or court.
"Motor Vehicle Owner" means the person or entity identified by the Florida Department
of Motor Vehicles, or other state vehicle registration office, as the registered owner
of a vehicle. Such term shall also mean a lessee of a motor vehicle pursuant to a
motor vehicle lease or rental agreement.
"Recorded Images" means photographic, electronic, digital, or video images of a Motor
Vehicle recorded by a SPE System and establishing a time sequence of the Motor
Vehicle entering the intersection or speed zone and its speed.
"RedCheck" means web-based violation processing system used by Traffic Enforcement
Officer.
"Speed Photo Enforcement System" (herein "SPE System") means an electronic system
that captures recorded images of Motor Vehicles speeding in designated school
zone and consisting of, at a minimum one radar, IR panel, and up to seven (7)
individual video cameras capable of monitoring up to seven (7) lanes of
enforcement.
"Traffic Enforcement Officer" means an employee of GOVERNING BODY's police
department or other Governing Body employee who meets the qualifications of
Chapter 316 of the Official Code of Florida Annotated for approving and/or issuing
Notices of Violation.
"Violation" means a violation under Chapter 316, Florida Statutes, or a violation of
GOVERNING BODY's Code of Ordinances, as may be amended from time to
time.
2. REDSPEED AGREES TO PROVIDE:
The scope of work identified in "Exhibit A, Section 1".
3. GOVERNING BODY AGREES TO PROVIDE:
The scope of work identified in "Exhibit A, Section 2".
4. SERVICE FEES:
The service fee schedule identified in "Exhibit B".
5. TERM AND TERMINATION:
This Agreement shall be effective on the Commencement Date. The term of this
Agreement shall be for sixty(60)months beginning on the first day of the month following
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the first issued Notice of Violation (the "Start Date") of the last camera installed and shall
be automatically extended for five (5) additional one (1) year periods. However,
GOVERNING BODY may terminate this Agreement at the expiration of any term by
providing written notice of its intent not to extend the Agreement sixty (60) days prior to
the expiration of the current term.
REDSPEED's services may be terminated:
a. By mutual written consent of the parties.
b. For cause,by either party where the other party fails in any material way to perform
its obligations under this Agreement and the defaulting party fails to cure the default
within thirty (30) days after receiving written notice. The terminating party must
provide written notice to the other party of its intent to terminate and state with
reasonable specificity the grounds for termination.
C. For convenience, by either party in the event that state legislation or a decision by
a court of competent jurisdiction prohibits the deployment of the SPE Systems that
is the subject of this Agreement, but only following the exhaustion of any legal
challenges that may occur challenging such state legislation or judicial
determination. To the extent it becomes necessary, the Parties to this Agreement
acknowledge that this agreement shall be tolled during the time it takes to determine
legal challenges.
d. For convenience of GOVERNING BODY. GOVERNING BODY reserves the
right to terminate by giving written notice to REDSPEED thirty (30) days prior to
the effective date of such termination.
Upon termination of this Agreement, either for breach or because it has reached the end of
its term or as a result of giving an early termination notice, the parties recognize that
GOVERNING BODY will have to process traffic law violations that occur prior to the
notice of termination of the Agreement and that REDSPEED must assist GOVERNING
BODY in this regard. Accordingly, the parties shall take the following actions, and shall
have the following obligations, which survive termination during the winddown period:
GOVERNING BODY shall cease using the SPE System, shall return or allow REDSPEED
to recover all provided equipment within a reasonable time not to exceed ninety(90) days,
and shall not generate further images to be processed. Unless directed by GOVERNING
BODY not to do so, REDSPEED shall continue to process all images taken by
GOVERNING BODY before termination and provide all services associated with
processing in accordance with this Agreement and shall be entitled to all Fees specified in
the Agreement as if the Agreement were still in effect. REDSPEED shall provide
GOVERNING BODY with all revenues owed to GOVERNING BODY accruing prior to
the date of termination and REDSPEED shall be entitled to its fees pursuant to this
Agreement, from said accrued revenues provided to GOVERNING BODY.
6. ASSIGNMENT:
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Neither party may assign all or any portion of this Agreement without the prior written
consent of the other, which consent shall not be unreasonably withheld or delayed.
Provided, however, that GOVERNING BODY hereby acknowledges and agrees that
delivery and performance of REDSPEED's rights pursuant to this Agreement shall require
a significant investment by REDSPEED, and that in order to finance such investment,
REDSPEED may be required to enter into certain agreements or arrangements including,
but not limited to, acknowledgments and/or consents with equipment lessors, banks,
financial institutions or other similar persons or entities. GOVERNING BODY hereby
agrees that REDSPEED shall have the right to assign, pledge, hypothecate or otherwise
transfer its rights to the equipment but not the service provided under this Agreement, to
any of the aforesaid financial institutions without GOVERNING BODY's prior written
approval. GOVERNING BODY further acknowledges and agrees that in the event that
REDSPEED provides any such acknowledgment or consent to GOVERNING BODY for
execution, and in the event that GOVERNING BODY fails to execute and deliver such
acknowledgment or consent back to REDSPEED within ten (10) calendar days after its
receipt of such request from REDSPEED to execute such acknowledgment or consent,
GOVERNING BODY shall be deemed to have consented to and approved such
acknowledgment or consent and REDSPEED is granted a limited power of attorney,
coupled with an interest, to execute the acknowledgment and/or consent on behalf of
GOVERNING BODY and deliver such document to its financial institution.
7. FEES AND PAYMENT:
GOVERNING BODY shall pay for all equipment, services and maintenance based on the
fee schedule indicated in Exhibit B, Schedule 1 ("Fees").
8. COMMUNICATION OF INFORMATION:
REDSPEED agrees that all information obtained by REDSPEED through operation of the
SPE System shall be made available to the GOVERNING BODY at any time during
REDSPEED's normal working hours excluding trade secrets as defined by Florida law and
other information that is confidential pursuant to Florida law or exempt from disclosure
pursuant to Florida law and not reasonably necessary for the prosecution of citations or the
fulfillment of GOVERNING BODY's obligation under this Agreement. REDSPEED
reserves the right to charge GOVERNING BODY for sizable information requests that will
incur substantial resource allocation to compile.
9. CONFIDENTIAL INFORMATION:
No information given by REDSPEED to GOVERNING BODY will be of a confidential
nature, unless specifically designated in writing as proprietary and confidential by
REDSPEED and either confidential pursuant to Florida law or exempt from disclosure
pursuant to Florida law. Nothing in this paragraph shall be construed contrary to the terms
and provisions of any Florida law governing public records or similar laws, as far as they
may be applicable. REDSPEED shall not use any information acquired by this program
with respect to any violations or GOVERNING BODY's law enforcement activities for
any purpose other than the program encompassed by this Agreement.
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10. OWNERSHIP OF SYSTEM:
It is understood by GOVERNING BODY that the SPE System being installed by
REDSPEED is, and shall remain, the sole property of REDSPEED, unless separately
procured from REDSPEED through a lease or purchase transaction. The SPE Systems are
provided to GOVERNING BODY only under the terms and for the term of this Agreement.
11. RECORDS AND AUDIT:
REDSPEED shall maintain during the term of the Agreement all books of account,reports,
and records in accordance with generally accepted accounting practices and standards for
records directly related to this Agreement. REDSPEED agrees to make available to
GOVERNING BODY's Internal Auditor, during normal business hours and in The City of
Aventura, Florida all books of account, reports and records relating to this Agreement for
the duration of the Agreement and retain them for a minimum period of three (3) years
beyond the last day of the Agreement term or such other period required by the Florida
public records law and Florida public records retention schedules, whichever is longer.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (telephone number, e-mail address, and
mailing address).
12. INDEMNIFICATION AND INSURANCE:
REDSPEED shall comply with all laws, ordinances and regulations governing the use of
photo enforcement systems applicable to this Agreement and shall comply with the
maintenance procedures and manufacturer recommendations for operation of SPE System
equipment which affect this Agreement, and shall indemnify and save harmless the
GOVERNING BODY against claims arising from the violations of the maintenance
procedures and manufacturer recommendations for operation of the equipment as a result
of the gross negligence, recklessness, or willful or intentional misconduct of REDSPEED,
its officers and directors, agents, attorneys, and employees, but excluding any employees
or agents of GOVERNING BODY.
REDSPEED agrees to protect, defend, indemnify, and hold harmless GOVERNING
BODY and GOVERNING BODY's officers, employees, and agents from and against any
and all losses, penalties, damages, settlements, fines, claims, costs, charges for other
expenses, or liabilities of every and any kind including any award of attorney fees and any
award of costs in connection with or arising from any gross negligence, intentional or
reckless act or omission by REDSPEED or any of REDSPEED's officers, employees,
agents, contractors, or subcontractors in performing the work agreed to or performed by
REDSPEED under the terms of this Agreement. Without limiting the foregoing, any and
all claims, suits or other actions relating to personal injury, death, damage to property,
defects in materials or workmanship, violations of any decree of any court in connection
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with or arising from any gross negligence, intentional or reckless act or omission by
REDSPEED shall be included in this indemnity.
REDSPEED shall maintain the following minimum scope and limits of insurance:
a. Commercial General Liability Insurance including coverage for bodily injury,
property damage, premises and operations, products/completed operations,
personal and advertising injury, and contractual liability with a combined single
limit of $1,000,000 per occurrence. Such insurance shall name GOVERNING
BODY and GOVERNING BODY's officers, employees, volunteers and elected
officials as additional insured for liability arising from REDSPEED's operation.
b. Workers' Compensation, as required by applicable state law, and Employers'
Liability Insurance with limits of not less than $500,000 for each accident.
REDSPEED shall always maintain Workers' Compensation insurance coverage in
the amounts required by law but shall not be required to provide such coverage for
any actual or statutory employee of GOVERNING BODY.
C. Comprehensive Business Automobile Liability Insurance for all owned, non-
owned and hired automobiles and other vehicles used by REDSPEED with a
minimum $1,000,000 per occurrence combined single limit bodily injury and
property damage.
REDSPEED shall require any subcontractors doing work under this Agreement to provide
and maintain the same insurance, which insurance shall also name GOVERNING BODY
and GOVERNING BODY's officers, employees, and elected officials as additional
insureds.
Certificates showing REDSPEED is carrying the above-described insurance, and
evidencing the additional insured status specified above, shall be furnished to
GOVERNING BODY within thirty (30) calendar days after the date on which this
Agreement is made. Such certificates shall show that GOVERNING BODY shall be
notified at least thirty (30) days in advance of all cancellations of such insurance policies.
REDSPEED shall forthwith obtain substitute insurance in the event of a cancellation.
Inasmuch as GOVERNING BODY is a body politic and corporate, the laws from which
GOVERNING BODY derives its powers, insofar as the same law regulates the objects for
which, or manner in which, or the concerns under which, GOVERNING BODY may enter
into this Agreement, shall be controlling and shall be incorporated by reference into this
Agreement. GOVERNING BODY shall be responsible for vehicle insurance coverage on
any vehicles driven by GOVERNING BODY employees. Coverage will include liability
and collision damage.
REDSPEED will require all its subcontractors to provide the aforementioned coverage as
well as any other coverage that REDSPEED may consider necessary, and any deficiency
in the coverage or policy limits of said subcontractors shall be the sole responsibility of
REDSPEED.
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13. STATE LAW TO APPLY:
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. The parties waive the privilege of venue and agree that all litigation
between them in the state courts shall take place in Miami-Dade County, Florida and that
all litigation between them in the federal courts shall take place in the State of Florida.
14. DISPUTE RESOLUTION:
All disputes arising out of or in connection with the Agreement shall be attempted to be
settled through good-faith efforts between senior management of both Parties. Following
thirty (30) days of unsuccessful negotiation, a dispute may be submitted to professionally
assisted mediation. Before a demand for mediation may be filed by either Party, the
management of both Parties shall have met at least two times in face-to-face meetings in
an effort to resolve any dispute or controversy through normal business management
practices. Any mediator so designated must be acceptable to each Party. The mediation
will be conducted as specified by the mediator and agreed upon by the Parties. The Parties
agree to discuss their differences in good faith and to attempt, with the assistance of the
mediator, to reach an amicable resolution of the dispute. The mediation will be treated as
a settlement discussion and therefore will be confidential. The mediator may not testify
for either Party in any later proceeding relating to the dispute. Each Party will bear its own
costs in the mediation. The fees and expenses of the mediator will be shared equally by the
Parties.
Failing resolution through negotiation or mediation, any remaining dispute shall be
submitted to binding arbitration in accordance with the Arbitration Rules for Professional
Accounting and Related Services Disputes of the American Arbitration Association
("AAA Rules")before a single arbitrator. The place of arbitration will be mutually agreed
upon within fourteen(14) days of a decision to seek arbitration. Limited discovery will be
permitted in connection with the arbitration upon agreement of the Parties and only upon
a showing of substantial need by the Party seeking discovery.
The arbitrator will have no power to award damages inconsistent with the Agreement; or
punitive damages or any other damages not measured by the prevailing Party's actual
damages, and the Parties expressly waive their right to obtain such damages in arbitration
or in any other proceeding. All aspects of the arbitration will be confidential. Neither the
Parties nor the arbitrator may disclose the existence, content, or results of the arbitration,
except as necessary to comply with legal or regulatory requirements.
15. AMENDMENTS TO THE AGREEMENT:
GOVERNING BODY may from time to time consider it in its best interest to change,
modify or extend term, conditions or covenants of this Agreement or require changes in
the scope of the Services to be performed by REDSPEED, or request REDSPEED to
perform additional services regardless of and without invalidating the process that was used
to procure the services enumerated under this Agreement. Any such change, addition,
deletion, extension, or modification, including any increase or decrease in the amount of
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REDSPEED's compensation, which are mutually agreed upon by and between
GOVERNING BODY and REDSPEED, shall be incorporated in written amendments
(herein called "Amendments") to this Agreement that are duly executed by both parties.
Such Amendments shall not invalidate the procurement process or this Agreement nor
relieve or release REDSPEED or GOVERNING BODY of any of its obligations under this
Agreement unless stated therein.
16. EFFECT OF AMENDMENT(S) ON AGREEMENT:
Except as expressly amended or modified by the terms of an Amendment, all terms of the
Agreement shall remain in full force and effect. Unless a different meaning is specified in
an Amendment, all capitalized terms used herein shall have the meaning described in the
Agreement. In the event of a conflict between the terms of the Amendment and this
Agreement, the Amendment shall prevail and control.
17. LEGAL CONSTRUCTION AND REQUIREMENTS:
In case any one or more of the provisions contained in this Agreement shall for any reason, by a
court of competent jurisdiction, be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been
contained herein.
18. NO AGENCY:
Except as specifically provided otherwise herein,REDSPEED is an independent contractor
under this Agreement and acts an agent of GOVERNING BODY. Personal services shall
be provided by employees of REDSPEED who shall be subject to supervision by
REDSPEED, and not as officers, employees, or agents of the GOVERNING BODY.
Personnel policies, tax responsibilities, social security, health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of REDSPEED.
19. FORCE MAJEURE:
GOVERNING BODY and REDSPEED will be excused from the performance of their
respective obligations under this Agreement when and to the extent that their performance
is delayed or prevented by any circumstances beyond their control including, fire, flood,
explosion, strikes or other labor disputes, act of God or public emergency, war, rioting,
malicious damage, act or omission of any governmental authority, delay or failure or
shortage of any type of transportation, equipment, or service from a public utility needed
for their performance provided that:
• the non-performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with
respect thereto during the period of the Force Majeure; the excuse of performance
is of no greater scope and no longer duration than is required by the Force Majeure;
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• no obligations of either party that arose before the Force Majeure causing the excuse
of performance are excused as a result of the Force Majeure; and,
• the non-performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a
period in excess of two (2) months, provided that in extenuating circumstances,
GOVERNING BODY may excuse performance for a longer term. Economic hardship of
REDSPEED will not constitute Force Majeure. The term of the Agreement shall be
extended by a period equal to that during which either party's performance is suspended
under this Section.
20. PERMITS, FEES, AND LICENSES:
REDSPEED shall, at its own expense, obtain all necessary permits and pay all licenses and
fees required to comply with all local ordinances, state and federal laws, rules, and
regulations applicable to business to be carried out under this Agreement.
21. NON-DISCRIMINATION:
There shall be no discrimination as to race, sex, color, creed, age, sexual orientation,
disability, marital status, or national origin in the operations conducted under this
Agreement.
22. SUBCONTRACTORS:
REDSPEED must be capable of performing all the services contained within this
Agreement. If REDSPEED uses a subcontractor in the performance of these services,
REDSPEED shall submit complete information on any/all proposed subcontractors. The
same qualifications requirements,and all other terms and conditions of the Agreement shall
also apply to the subcontractor. GOVERNING BODY reserves the right to approve or
disapprove of any subcontractor proposed.
REDSPEED shall ensure that all of REDSPEED's subcontractors perform in accordance
with the terms and conditions of this Agreement. REDSPEED shall be fully responsible
for all of REDSPEED's subcontractors' performance, and liable for any of REDSPEED's
subcontractors' non-performance and all of REDSPEED's subcontractors' negligent,
intentional or reckless acts and omissions. REDSPEED shall defend, counsel being subject
to GOVERNING BODY's approval or disapproval, and indemnify and hold harmless
GOVERNING BODY and GOVERNING BODY's officers, employees, and agents from
and against any claim, lawsuit, third party action, settlement, or judgment, including any
award of attorney fees and any award of costs, by or in favor of any of REDSPEED's
subcontractors for payment for work performed for GOVERNING BODY by any of such
subcontractors, and from and against any claim, lawsuit, third party action, settlement, or
judgment, including any award of attorney fees and any award of costs, occasioned by or
arising out of any negligent,intentional or reckless act or omission by any of REDSPEED's
subcontractors.
23. PUBLIC RECORDS.
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RedSpeed shall:
1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the public agency.
4. Upon completion of the contract,transfer, at no cost,to the public agency all public records
in possession of the contractor or keep and maintain public records required by the public agency
to perform the service. If the contractor transfers all public records to the public agency upon
completion of the contract,the contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If the contractor keeps
and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the public agency, upon request from the public agency's custodian of public records,
in a format that is compatible with the information technology systems of the public agency.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT THE CITY CLERK'S OFFICE.
24. ENTIRE AGREEMENT:
The provisions of this Agreement, including the recitals, comprise all of the terms,
conditions, agreements, and representations of the parties with respect to the subject matter
hereof. All representations and promises made by any party to another, whether in writing
or orally, concerning the subject matter of this Agreement, are merged into this
Amendment. Except as amended by an Amendment, the terms of the Agreement shall
continue in full force and effect.
25. NOTICES:
Any notice or demand which under the terms of this Agreement or under any statute must
or may be given or made by REDSPEED or GOVERNING BODY shall be in writing and
shall be given or made by personal service, first class mail, overnight delivery, or by
certified or registered mail to the parties at the following respective addresses:
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The City of Aventura RedSpeed Florida, LLC
Attn: City Manager 400 Eisenhower Lane North
19200 W. Country Club Drive Lombard, Illinois 60148
Aventura, FL 33317 Attn: Robert Liberman, Manager
25. EXCLUSIVITY:
GOVERNING BODY agrees that upon execution of this Agreement, GOVERNING
BODY may not utilize another vendor, other than REDSPEED, for the same or similar
services as contemplated herein, within the jurisdiction of the GOVERNING BODY
without prior written consent from REDSPEED.
IN WITNESS THEREOF, the parties have duly executed this Agreement on the day and
year first written above.
The City of Aventura, Florida RedSpeed Florida, LLC
By: / / By: ,
Name Robert Liberman
Title Manager
Attest:
City Clerk/Authorized Attestor
pg. 11 of 19
Red SpEE&
Exhibit A
SECTION 1.
REDSPEED SCOPE OF WORK
1. REDSPEED agrees to provide a turnkey solution for SPE Systems to GOVERNING
BODY wherein all reasonably necessary elements required to implement and operate the
solution are the responsibility of REDSPEED, except for those items identified in Section
2 titled "GOVERNING BODY Scope of Work". REDSPEED and GOVERNING BODY
understand and agree that new or previously unforeseen requirements may, from time to
time, be identified and that the parties shall negotiate in good faith to assign to the proper
party the responsibility and cost for such items. In general, if work is to be performed by
GOVERNING BODY,unless otherwise specified, GOVERNING BODY shall not charge
REDSPEED for the cost.All other in-scope work,external to GOVERNING BODY,is the
responsibility of REDSPEED.
2. REDSPEED agrees to make every effort to adhere to the Project Timeline agreed upon
between the parties and based on the Best and Final Offer.
3. REDSPEED will install SPE Systems at several intersections, school zone areas or grade
crossing approaches to be agreed upon between REDSPEED and GOVERNING BODY
after completion of site analyses. In addition to any initial locations, the parties may agree
from time to time to add to the quantities and locations where SPE Systems are installed
and maintained.
4. REDSPEED will operate each SPE System on a 24-hour basis, barring downtime for
maintenance and normal servicing activities.
5. REDSPEED agrees to provide a secure website (www.SpeedViolations.com) accessible to
recipients who have received Notices of Violation by means of a Notice 9,which will allow
violation image and video viewing.
6. REDSPEED shall provide technician site visits to each SPE System once per month to
perform preventive maintenance checks consisting of camera enclosure lens cleaning,
camera, strobe, and controller enclosure cleaning, inspection of exposed wires, and general
system inspection and maintenance.
7. REDSPEED shall use best efforts to endeavor to repair a non-functional SPE System
within forty-eight (48)business hours of determination of a malfunction.
8. REDSPEED shall use best efforts to endeavor to repair the SPE System within one (1)
business day from the time of the outage. Outages of GOVERNING BODY internet
connections or infrastructure are excluded from this service level.
9. REDSPEED will establish a demand deposit account bearing the title, "RedSpeed Florida
LLC as agent for The City of Aventura at CIBC Bank." All funds collected on behalf of
GOVERNING BODY,excluding REDSPEED's monthly fees and any fees associated with
electronic processing of violations, will be deposited in this account, and transferred by
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wire on or about the 15' calendar day of the month to GOVERNING BODY's primary
deposit bank. GOVERNING BODY will identify the account to receive funds wired from
First Midwest Bank. GOVERNING BODY shall sign a W-9 and blocked account
agreement, to be completed by GOVERNING BODY, to ensure GOVERNING BODY's
financial interest in said bank account is preserved.
10. REDSPEED will design, fabricate,install, obtain permits, and maintain one speed warning
sign for each monitored approach.
11. REDSPEED or subcontractors will be responsible for any costs associated with building,
construction, electrical, street use, and/or pole attachment permits.
12. REDSPEED shall assign a project manager who will be the liaison between GOVERNING
BODY and REDSPEED and will be responsible for project activities such as development
of a project plan and tracking of deliverables. GOVERNING BODY shall reserve the right
to request a new project manager.
13. REDSPEED shall provide GOVERNING BODY with RedCheck, an automated web-
based citation processing system that includes image processing,color printing and mailing
of a Notice of Violation per chargeable event. Each Notice of Violation shall be delivered
by first class mail to the Motor Vehicle Owner within the statutory period. Mailings to
Motor Vehicle Owners responding to Notices of Violation identifying drivers in affidavits
of non-liability or by rental car companies are also included.
14. REDSPEED shall provide the Traffic Enforcement Officer with access to RedCheck, for
the purpose of reviewing Violations Data within five (5) days of the gathering of the
Registered Vehicle Owner Information.
15. The decision to issue Notice of Violation shall be the sole,unilateral and exclusive decision
of the Traffic Enforcement Officer consistent with State Law.
16. RedCheck shall apply an electronic signature to a Notice of Violation when authorized to
do so by an approving Traffic Enforcement Officer.
17. REDSPEED shall obtain in-state vehicle registration information necessary to issue
citations if it is named as GOVERNING BODY's agent.
18. REDSPEED shall seek records from out-of-state vehicle registration databases and apply
records found by RedCheck to issue citations for GOVERNING BODY.
19. If GOVERNING BODY is unable to or does not desire to integrate REDSPEED data into
its adjudication system, REDSPEED shall provide an on-line adjudication processing
module, which will enable the adjudication function to review cases, related images,
correspondence, and other related information required to adjudicate the disputed Notice
of Violation.
20. REDSPEED shall provide GOVERNING BODY access to RedCheck system, which
provides GOVERNING BODY with ability to run and print all standard system reports.
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21. If required by GOVERNING BODY, REDSPEED shall, at REDSPEED's expense,
provide and train GOVERNING BODY with a local expert witness able to testify in
administrative proceedings and in court on matters relating to the accuracy, technical
operations, and effectiveness of the SPE System until judicial notice is taken.
22. In those instances where damage to an SPE System is caused by negligence on the part of
GOVERNING BODY or its authorized agent(s), REDSPEED will provide GOVERNING
BODY with an estimate of the cost of repair.Upon authorization to proceed with the repairs
or replacement, REDSPEED shall replace or repair any damaged equipment and invoice
for the pre-approved repair cost. REDSPEED shall bear the cost to replace or repair
equipment damaged in all other circumstances.
23. REDSPEED shall provide a toll-free, GOVERNING BODY-specific help line to help
GOVERNING BODY resolve any problems encountered regarding its SPE System and/or
citation processing. The helpline shall function during normal business hours. Call Center
hours for violators are Monday-Friday 9:00 AM to 5 PM EST.
24. REDSPEED shall provide Motor Vehicle Owners with the ability to view Recorded Images
of Violations involving their motor vehicles online. This online viewing system shall
include a link to the REDSPEED payment website(s).
26. REDSPEED shall provide GOVERNING BODY with a warning period consistent with
State law.
27. REDSPEED shall provide authorized City users with access to on demand video,reporting
tools and other online features through its RedCheck and SiteOps programs. RedSpeed will
maintain video data forty-five (45) days unless otherwise requested for preservation by the
City.
28. GOVERNING BODY will have real-time access to violation and camera data.
29. REDSPEED will assist GOVERNING BODY with the installation and maintenance of any
required signage including flashers.
30. Pursuant to Section 448.095(5) (Fla. Stat. 2023), REDSPEED shall, prior to execution of
this Agreement, register with the E-Verify system. REDSPEED shall use it to verify the
work authorization status of all its new employees, or any subcontractors employed in
furtherance of this Agreement. Furthermore, REDSPEED agrees to request from any
subcontractors an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien.
REDSPEED shall execute an E-Verify affidavit attesting to its compliance with this
section. The affidavit shall be attached and incorporated into the Agreement.
31. Public Records. In accordance with Chapter 119, Florida Statutes,vendor shall:
pg. 14 of 19
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1. Keep and maintain public records required by the public agency to perform the service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by the
public agency to perform the service. If the contractor transfers all public records to the
public agency upon completion of the contract, the contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the
contract, the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon request from
the public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
pg. 15 of 19
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SECTION 2.
GOVERNING BODY'S SCOPE OF WORK
1. Within seven(7)business days of execution of the Agreement, GOVERNING BODY shall
provide REDSPEED with the name and contact information for a project manager with
authority to coordinate GOVERNING BODY responsibilities under the Agreement.
2. Within seven (7) business days of the Agreement, GOVERNING BODY shall provide
REDSPEED with the name and contact information for an Appeals Coordinator or staff
responsible for oversight of all related program requirements.
3. Within seven(7)business days of execution of the Agreement, GOVERNING BODY shall
provide REDSPEED with the name(s), contact information, and electronic signature(s) of
all Traffic Enforcement Officers authorized by GOVERNING BODY's police department
to approve and issue Notices of Violation.
4. GOVERNING BODY shall establish a method by which a Motor Vehicle Owner who has
received a Notice of Violation may review the images and video evidencing the Violation
at www.SpeedViolation.com free of charge. This may be at a publicly available terminal
at GOVERNING BODY's facility or by appointment with the Police Department.
5. REDSPEED will relocate an SPE System at no cost to a new enforcement location once it
has been mutually agreed upon between REDSPEED and GOVERNING BODY.
6. GOVERNING BODY shall endeavor to approve or reject REDSPEED submitted plans
within seven (7) business days of receipt. REDSPEED and GOVERNING BODY will
endeavor to approve the plans in a timely manner.
7. GOVERNING BODY will endeavor to issue all needed permits to REDSPEED and its
subcontractors in an expedited fashion for plan approval.
8. If use of private property right of way is needed, GOVERNING BODY shall assist
REDSPEED in acquiring permission to build in existing utility easements, as necessary.
Any additional cost for private property right of way lease/rental costs shall be borne by
REDSPEED. REDSPEED reserves the right to not install on private property if the costs
are unreasonable.
9. GOVERNING BODY may allow REDSPEED to build needed infrastructure in existing
GOVERNING BODY owned easement as necessary and only after required permits have
been approved.
10. GOVERNING BODY's Traffic Enforcement Officer(s) shall process each potential
violation in accordance with State Law and/or GOVERNING BODY's Ordinances within
five (5) days (excluding Saturday, Sunday and GOVERNING BODY observed holidays)
of its appearance in the Law Enforcement Review Queue, using RedCheck to determine
which Violations will be issued as Notices of Violation.
pg. 16 of 19
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11. Police Department workstation computer monitors for citation review and approval should
provide a minimum resolution of 1280 x 1024.
12. Police Department shall provide signatures of all authorized police users who will review
events and approve citations on forms provided by REDSPEED.
13. GOVERNING BODY shall handle inbound and outbound phone calls and correspondence
from defendants who have questions about disputes, and other issues relating to citation
adjudication. GOVERNING BODY may refer citizens with questions regarding
REDSPEED or SPE System technology and processes to websites and/or toll-free
telephone numbers provided by REDSPEED for that purpose.
14. If remote access to a REDSPEED SPE System is blocked by GOVERNING BODY's
network security infrastructure, GOVERNING BODY's Technology Consultant shall
coordinate with REDSPEED to facilitate appropriate communications while maintaining
required security measures.
15. GOVERNING BODY shall at all times maintain a list of school and school zone hours and
shall inform REDSPEED of all times for each Zone. GOVERNING BODY shall maintain
and update this list and shall be responsible for ensuring the accuracy of any citation issued
against the corresponding time.
16. GOVERNING BODY shall maintain a School Zone calendar and shall notify REDSPEED
as soon as practical before a change of scheduled enforcement(I.e.,short days,no in-person
instruction days, closings, etc.).
17. GOVERNING BODY shall ensure that cameras in City maintained right of ways shall
remain free of obstructions from other roadway infrastructure and foliage.
18. GOVERNING BODY shall reimburse REDSPEED for any Certified Mail Costs(currently
$4.15 per Certified Mailing) required for Notices of Violation which are converted to
Uniform Traffic Citations.
pg. 17 of 19
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Exhibit B
SCHEDULE 1
SERVICE FEE SCHEDULE
GOVERNING BODY agrees to pay REDSPEED the Fee(s) as itemized below:
1. Description of Pricing
Fee includes all costs required and associated with SPE system installation, maintenance
and ongoing field and back-office operations. Includes camera equipment, installation,
maintenance, Flock ALPR licenses and integration, violation processing services, DMV
records access,standard mailing of required documents, lockbox and credit card processing
services, call center support for general program questions, public awareness program
support, and access to web based SPE System for Traffic Enforcement Officer review:
35% of the Governing Body's Statutory share of collected revenue.
The City shall be responsible for reimbursing the costs of Certified Mail for Notices of
Violation converted to Uniform Traffic Citations and all extra-action charges or fees
listed in GOVERNING BODY Responsibilities.
pg. 18 of 19
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E-Verify
Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-
Verify System to verify the employment eligibility of-
a) All persons employed by Contractor to perform employment duties within Florida during
the term of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by Contractor
to perform work pursuant to the contract with the City. The Contractor acknowledges and agrees
that use of the U.S. Department of Homeland Security's E-Verify System during the term of the
contract is a condition of the contract with the City of El Portal.
Contractor acknowledges it is obligated to comply with the provisions of§ 448.095, FL. Statutes,
as amended from time to time. This includes but is not limited to utilization of the E-Verify System
to verify the work authorization status of all newly hired employees; and requiring all
Subcontractors to provide an affidavit attesting that the Subcontractor does not employ, contract
with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such
affidavit for the duration of the contract.
Failure to comply will lead to termination of this Contract,or if a Subcontractor knowingly violates
the statute, the Subcontract must be terminated immediately. Any challenge to termination under
this provision must be filed in the Circuit Court no later than 20 calendar days after the date of
termination. If this contract is terminated for a violation of the statute by the Contractor, the
Contractor may not be awarded a public contract by the City for a period of 1 year after the date
of termination. By signing below, the Vendor acknowledges these terms shall be an integral part
of its bid and the Contract.
ATTEST Company Name
Signature of Corporate Secretary Signature
Type/Print Name of Corporate Secy. Type/Print Name
Date Date
(CORPORATE SEAL)
pg. 19 of 19
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Melissa Cruz, Finance Director . ,
DATE: September 27, 2024
SUBJECT: First Amendment of the BerryDunn Contract for Enterprise Resource
Planning ERP/IT Consulting Services — Phase 5 Implementation
Oversight
October 1, 2024 Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution which
authorizes the City Manager to execute the First Amendment of the BerryDunn contract
for Enterprise Resource Planning ("ERP") ERP/IT Consulting Agreement specifying the
scope of services and fees for Implementation Oversight Services for the City's new ERP
system.
BACKGROUND
The City currently utilizes the same financial system software that was implemented
shortly after the City incorporated over 25 years ago. The City's current system, HTE, is
outdated, inefficient and extremely limited as far as reporting, data access and
transparency. Upgrading and implementing a new system is imperative and long overdue.
Moving to a more innovative and user-friendly solution will allow the City to step forward
into a paperless environment, improving processes tremendously as well as, providing
efficiencies in data transfers, financial reporting and application integration across all City
departments. The City contracted an ERP/IT Consultant to assist with the selection and
implementation of a new ERP financial software.
At the January 5, 2023 Commission meeting, the City Commission adopted Resolution
No. 2023-05 which established a ranking of firms to provide ERP/IT Consulting services.
That resolution was the result of an RFP process which included advertisement of the
RFP in the Daily Business Review and posting of a solicitation package on
www.demandstar.com on April 22, 2022. The City established a Selection Committee
consisting of the Finance Director, Controller, IT Director, Community Development
1
Director and HR Manager. The Selection Committee interviewed three (3) firms and
subsequently made the final recommendation to the City Commission.
Resolution No. 2023-05 included the committee's ranking of Audit Firms in order of
preference (with 1 being the best):
1. Berry, Dunn McNeil & Parker, LLC
2. Avero Advisors
3. Plante & Moran, PLLC
The resolution authorized the Selection Committee to negotiate contract pricing with the
top ranked firm and if unsuccessful, with the next ranked firm.
At the May 2, 2023 Commission meeting, the City Commission adopted Resolution No.
2023-29 which authorized the City Manager to enter into the ERP/IT Consultant
Agreement with BerryDunn. The Consulting Services Agreement contained the scope of
services and fees for Phases 1 through 4 which took place May 2023 through September
2024. Phases 1 through 4 covered:
1) The City's needs assessment
2) RFP Development
3) Proposal Submission and evaluation process
4) Contract approval and negotiations
During this time, the City selected Munis by Tyler Technologies ("Tyler) as the City's new
ERP system.
At the September 3, 2024 Commission meeting, the City Commission adopted Resolution
No. 2024-58 approving the contract with Tyler. Phase 5 of the City's RFP for ERP/IT
Consulting services includes Implementation Project Oversight Services. The attached
amendment to the Berry Dunn contract includes the statement of work and fee schedule
for this final Phase. Work is expected to be performed during the same period as the
Tyler implementation — November 2024 through June 2026.
1 recommend that the City Commission approve the attached Resolution that authorizes
the City Manager to execute the First Amendment of the ERP/IT Consultant Agreement
with BerryDunn. A copy of the RFP, BerryDunn's submittal, Contract, First Amendment
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, APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH BERRY DUNN MCNEIL & PARKER, LLC TO
PROVIDE IMPLEMENTATION SERVICES TO THE CITY; PROVIDING
FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, pursuant to applicable state law, has solicited
and reviewed proposals from firms to perform Enterprise Resource Planning ERP/IT
Consulting Services; and
WHEREAS, Resolution No. 2023-05 established a ranking of firms to serve as said
consultant and authorized negotiations with the top ranked firm; and
WHEREAS, Resolution No. 2023-29 authorized the City Manager to enter into the
ERP/IT Consultant Agreement with BerryDunn; and
WHEREAS, Resolution No. 2024-58 authorized the City Manager to enter into a
contract with Tyler Technologies as the City's new ERP solution; and
WHEREAS, the City requires project oversight services to support the City's
implementation of the new ERP solution; and
WHEREAS, it is in the best interest of the City to approve the first amendment to
the BerryDunn agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Incorporated. Each of the above-stated recitals are hereby
adopted and confirmed.
Section 2. First Amendment to the Agreement Approved. The City
Commission hereby approves the First Amendment to the Agreement attached hereto as
Exhibit "A" to provide project oversight services to the City.
Section 3. City Manager Authorized. The City Manager is hereby authorized
to do all things necessary to implement this Resolution.
Section 4. Effective Date. 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 Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
PASSED AND ADOPTED this 1st 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 2 of 2
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF AVENTURA
AND BERRY, DUNN, MCNEIL & PARKER, LLC
Amendment No. 1 to Professional Services Agreement
This Amendment is entered into under Section 8 of a previously executed Professional Services
Agreement between Berry Dunn McNeil & Parker, LLC ("CONSULTANT") and the City of
Aventura, Florida (the "CITY") dated May 2, 2023 (the "Agreement").
The parties agree to expand the scope of services that CONSULTANT will provide to the CITY to
include ERP implementation oversight services as described in CONSULTANT'S Scope of Work
revised as of September 20, 2024, attached hereto as Exhibit A and incorporated herein by
reference. The CITY will pay CONSULTANT additional fees for these services pursuant to the
Proposed Fees section of the attached Scope of Work.
The parties also agree to amend the first paragraph of Section 2 of the Agreement,which identifies
the Project Team, by replacing it with the following paragraph:
The CONSULTANT'S Project Team for the services to be provided under this
AGREEMENT shall include the following: Jonathan Grace, Principal; Susan Smith,
Engagement Manager; Pam Coleman, HCM Lead; Amy Clark, Financials Lead; Ross
DeFalle, Lead Business Analyst; Jon Sullivan, Business Analyst; Allisha Ouellette,
Business Analyst.
All other terms and conditions of the Agreement between CONSULTANT and CITY remain in full
force and effect.
The parties may execute and deliver this Amendment electronically where permitted by law and
in one or more counterparts, each of which shall be deemed an original and all of which together
shall constitute the same instrument.
By signing below, each party executes this Professional Services Agreement Amendment as of
the date written below and agrees to all the terms and conditions contained herein.
City of Aventura Berry, Dunn, McNeil & Parker, LLC dba
BerryDunn
By: By:
Print Name: Ronald J. Wasson Name: Jonathan Grace
Title: City Manager Title: Principal
Date: Date:
By:
Print Name: Ellisa L. Horvath
Title: City Clerk
Date:
BerryDunn EXHIBIT
September 20, 2024
Melissa Cruz
Finance Director
19200 W County Club Drive
Aventura, Florida 33180
Dear Melissa Cruz:
On behalf of Berry, Dunn, McNeil & Parker, LLC(BerryDunn),we are pleased to submit this updated letter to the
City of Aventura (the City)as it plans to replace its enterprise resource planning(ERP)solution.We consider it a
privilege to serve the City and welcome the opportunity to expand our relationship by way of this initiative.
Below and on the following pages,we provide our proven yet flexible approach to providing the City's desired
services and outline the fees associated with a project of this nature.We would be happy to discuss the contents
of this proposal or provide additional information to the City upon request.
PROPOSED WORK PLAN
BerryDunn strives to be flexible when it comes to development and execution of an effective work plan.We
understand that no two projects are exactly alike and believe that one of the primary reasons we have been
successful with similar projects is our willingness to be flexible in adapting to our clients'unique needs.
The overarching benefits the City can expect of our approach include:
• A methodology based on our extensive experience conducting similar projects
• A focus on supporting the City's implementation at the desired level of involvement with significant
resource commitments from our team,as appropriate
• Quality assurance processes that incorporate the City's review and approval of all deliverables and key
milestones
• Built-in project management and change management best practices—focused on keeping the project on
time, on budget,and progressing at a healthy pace
• Thorough business process improvement activities
• A focus on taking full advantage of the newest technology and harnessing efficiencies by reviewing
business practices or implementing technology to enhance existing business processes performed by
individual departments and those performed across the City
Maine Connecticut. New Hampshire .West Virginia .Arizona . Massachusetts . Puerto Rico
berrydunn.com
Implementation Assistance
September 20, 2024 1 Page 2
Project Oversight
No Key Implementation Activity Lead Assist
1 Reviewing the Project Plan and Schedule in conjunction with other J
PMT members
2 Managing the project scope, deliverables,and timeline with J
assistance from other PMT members
Helping to ensure that the project team stays focused,tasks are
completed on schedule,and that the project stays on track J
4 Coordinating project tasks with assistance from other PMT members J
Functioning as the main point of contact for the vendor's project
5 manager, participating in daily project activities(when applicable), J
and tracking project tasks
6 Facilitating an implementation kick-off meeting
Holding monthly meetings with the City's Executive Committee to
7 update project status and budget status,and to research a verdict J
on any escalated process decisions that need to be made
8 Reviewing the project budget, including change orders,and the J
vendors' contract compliance
9 Facilitating the City's staff's development of workflow processes for J
each department
10 Facilitating the data conversion process with the vendor and City J
staff
11 Facilitating the development of software interfaces/integrations with J
the vendor and City staff
Working with the vendor and City staff and helping to ensure vendor
accountability by:
• Identifying any opportunities to leverage technical
12 enhancements to improve the products and services J
delivered to the City
• Facilitating the gathering and sharing of any technical
information requested by the vendor
Providing risk management, including the following:
• Identifying project risks
13 Developing mitigation strategies J
• Communicating project risks to City and vendor staff
• Assigning key activities to mitigate or resolve project risks
14 Providing weekly or biweekly tracking of the following: �/
Implementation Assistance
September 20, 2024 1 Page 3
Project Oversight
No Key Implementation Activity Lead Assist
• Reporting of project risks and issues
• Recently completed tasks and upcoming project activities
Providing change management oversight, including the development
and maintenance of a Change Management Plan that may include
the following:
• Target State Definition
15 • Change Structure and Governance Approach J
• Change Impact Assessment
• Stakeholder(or User)Analysis
• Communication Plan
• Behavior Change Plan
Managing the user acceptance training(UAT) process, including:
• Reviewing the vendor's test plan and any applicable test
scripts
• Providing on-site assessment of testing activities
• Providing recommendations for modifications to the testing
16 plan to increase the likelihood of success J
• Directing City staff in the development of tailored test scripts
• Managing logistics related to scheduling UAT activities
• Providing analysis of test results
• Overseeing regression testing and required configuration
changes
Facilitating oversight of vendor training activities, including:
• Reviewing the vendor's training plan and training materials
17 • Overseeing vendor training activities
• Providing recommendations for modifications to the training
delivery
• Providing feedback on the vendor's training documentation
16 Providing go-live support �/
Implementation Assistance
September 20, 2024 1 Page 4
PROPOSED FEES
Below,we present the fees associated with our work plan as it relates to providing implementation project
oversight services.We are proposing a blended hourly rate of$240 valid through June 2026.We are happy to
discuss any potential adjustments to the implementation oversight services based on the needs of the City.
Implementation Project Oversight
Phase Duration Hours Total Hours Total Cost
(months) (per month)
Project Oversight 21 80 1,680 $403,200
Duration Total Cost
Total Trips Total Travel Cost
(months) (per trip)*
Estimated Travel Expenses 21 21 $1,274 $26,754
Grand Total ME"
*Travel expense estimates assume one trip per month for implementation project oversight services. Travel
estimates per trip were calculated based on the details provided below.
Expense Category Cost Units per Trip Total
Lodging $177 3 nights $531
Ground Transportation $125 3 days $375
Incidental Expenses $92 4 days $368
Estimated Per-Trip Travel Expense Total $1,274
We will submit monthly invoices based on the actual hours expended that month.Actual expenses incurred in the
month will also be included in each invoice. BerryDunn does not charge an hourly rate for time spent in connection
with travelling.
Implementation Assistance
September 20, 2024 1 Page 5
IN CLOSING
We value the City's openness and flexibility to discussing our proposed services. No matter how many clients we
assist,we always take care to help ensure the experience is tailored to the nuanced needs and resources of our
clients.We welcome the opportunity to continue our relationship with the City by providing the services requested.
Should you have any questions, or if you would like to discuss this letter, please feel free to contact us directly.
Sincerely,
7W� /V40��
Jonathan Grace, PMP®, Prosci®CCP, Principal Austin Nichols, MBA,Senior Consultant
Local Government Practice Group Local Government Practice Group
207-541-2260 1 jgrace@berrydunn.com 207-221-2442 1 austin.nichols@berrydunn.com
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
(�92—
BY- Jake Ozyman, PE, Public Works & Transportation Director
6111
DATE: September 27, 2024
SUBJECT: Approval of Construction Agreement with Island Construction Group,
Inc., The Government Center, Mezzanine Level Deck Replacement
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission waive competitive bidding based on the
impracticability exception as per Section 2-253(6) of the Code of Ordinances, and
authorize the City Manager to enter into an agreement with Island Construction Group,
Inc. in an amount not to exceed $1,976,317 to facilitate the mezzanine level deck
replacement. The ARPA funds shall be used to fund this project.
BACKGROUND
The City has been facing ongoing water intrusion issues on the mezzanine level deck,
making some police department spaces uninhabitable. To address this, the City retained
HPF Associates, Inc. and Miami Curtain Wall Consultants, renowned building envelope
experts, to conduct forensic engineering and determine the cause and extent of the
problem. Forensic testing, including both destructive and nondestructive methods, as well
as some repair work, has been carried out by Island Construction Group, Inc., a company
with significant experience in this type of building reconstruction.
The analysis revealed that the waterproofing of the mezzanine deck, along with the
adjacent limestone vertical and horizontal seals, have failed. To ensure habitable space
below the mezzanine deck, all components of the exterior weatherproofing must be
replaced as follows:
1. Vertical Joint Sealing: Start by removing and replacing all vertical joint sealing
material within the limestone components.
2. Topping Slab Replacement: Saw-cut the existing concrete mezzanine surface.
The topping slab removal will occur in three phases, beginning on the west end of
the deck over the parking. This phased approach allows thorough assessment of
the topping slab configuration. Despite extensive preconstruction investigations,
the exact thickness of the topping slab remains somewhat elusive. Fortunately, the
western portion of deck P-1 has no occupied offices, minimizing the risk of water
intrusion.
3. Comprehensive Upgrades: Following topping slab removal, proceed with new
waterproofing, flashings, protection/drainage materials, deck drains, and finished
topping material installation. Temporary walkways will ensure uninterrupted public
access to the commission chambers during these operations. The east and west
exterior stairs will be closed throughout the project.
The staff recommends waiving the competitive bidding and awarding the work to Island
Construction Group, Inc. for the following reasons-
1. If the City was to go out to bid, there is a real possibility that the contract might not
be awarded until after January 1, 2025, given the necessary steps to award the
contract and the fact that the last City Commission meeting of the year is in
November. If the award is made after December 31, 2024, the City will lose the
opportunity to utilize ARPA funds for this project.
2. Island Construction Group, Inc. has been involved with the forensic analysis from
the beginning and is very familiar with the building. If the City were to follow a
standard low-bid solicitation and end up with an unfamiliar vendor, the project
could potentially cost significantly more and take much longer.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RATIFYING A CONSTRUCTION AGREEMENT
WITH ISLAND CONSTRUCTION GROUP, INC. TO REPLACE THE
MEZZANINE DECK AT THE GOVERNMENT CENTER; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the mezzanine level deck at the Government Center has been facing
ongoing water instruction, making some Police Department spaces uninhabitable; and
WHEREAS, Island Construction Group, Inc. ("Island Construction") has performed
much of the highly technical forensic testing and repair work to the building; and
WHEREAS, if the City were to solicit bids for this project, the contract might not
be awarded until after January 1, 2025, resulting in a loss of ARPA funding to complete
this complex project; and
WHEREAS, Island Construction has significant experience in the type of building
reconstruction necessary to replace the mezzanine level deck; and
WHEREAS, in accordance with City Charter Section 3.10 and City Code Section
2-256, the City Commission finds that it is impracticable to award the agreement by first
seeking competitive bids or proposals, thus enabling the City Commission to waive the
formal competitive bidding for this construction project and enter into an agreement with
Island Construction; and
WHEREAS, given the ongoing water intrusion into offices located in the building,
constituting a potential safety hazard, the City Commission authorized the City Manager
to take the necessary steps to secure a contract with Island Construction at the
September 19t" Commission Workshop; and
WHEREAS, the City Commission finds that it is in the best interest and welfare of
the residents to ratify the construction agreement with Island Construction to undertake
the replacement of a mezzanine level deck at the Government Center.
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. Ratification. That the City Commission hereby ratifies the actions
City of Aventura Resolution No. 2024-
taken by the City Manager to enter into an agreement with Island Group for this project,
a copy of the agreement which is attached hereto as Exhibit "A".
Section 3. Implementation. That the City Manager is authorized to do all other
things necessary to implement the aims of 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 1st 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 2 of 2
CONTRACT FOR CONSTRUCTION
THIS CONTRACT FOR CONSTRUCTION (this "Contract") is made this
day of , 2024 (the "Effective Date") by and between the CITY OF AVENTURA,
FLORIDA, a Florida municipal corporation, (the "City"), and ISLAND CONSTRUCTION
GROUP,INC., a Florida Corporation (the"Contractor").
WHEREAS, the City desires to complete the mezzanine level deck replacement at the
government center building (the"Project"); and
WHEREAS, on October 17a' , 2024, the City Commission adopted Resolution No. 2024-
ratifying the City' Manager decision to select the Contractor's bid for the Project and
authorizing the City Manager to negotiate and execute a contract with the Contractor for construction
of the Project; and
WHEREAS, Contractor has represented to the City that it possesses the necessary
qualifications, experience and abilities to perform the Work or the Project, and has agreed to provide
the Work on the terms and conditions set forth in this Contract.
NOW,THEREFORE,the parties hereto do hereby agree as follows:
1. SCOPE OF WORK
I.I. Contractor hereby agrees to furnish all of the labor, materials, equipment, services and
incidentals necessary to perform all of the work described in the Contract Documents (the
"World" or the "Project") including, without limitation as described in the approved plans,
drawings and/or specifications to be prepared by HPF Associates, Inc. (the "City's Project
Consultant") dated August 26, 2024 (the "Plans"), the Contractor's Bid attached hereto as
Exhibit "A", and any other documents incorporated herein by reference and made a part of
this Contract for the following Project:
THE GOVERMENT CENTER
MEZZANINE LEVEL DECK REPLACEMENT
2. CONTRACT TIME
2.1. Contractor shall be instructed to commence the Work by written instructions in the form of
a Notice to Proceed providing a commencement date and issued by the City Manager or
designee. The Notice to Proceed will not be issued until Contractor's submission to City of
all required documents and after execution of this Contract.
2.2. Time is of the essence throughout this Contract. The Contractor shall prosecute the Work
with faithfulness and diligence and the Work shall be substantially completed within one
hundred twenty (120) calendar days from the date specified in the Notice to Proceed
("Contract Time"). Substantial Completion shall be defined for this purpose as the date on
which City receives beneficial use of the Project. The Work shall be fully completed in
accordance with the Contract Documents within sixty (150) calendar days from the
Page 1 of 25
date specified in the Notice to Proceed ("Final Completion Time"). The Final
Completion date is defined as the date determined by the City when all Work, including
punch list items, has been completed in accordance with the Contract Documents and
Contractor has delivered to City all documentation required herein.
2.3. Upon failure of Contractor to substantially complete the Work within the Contract Time,
Contractor shall pay to City the sum of Three Hundred Dollars ($300.00) for each calendar
day after the expiration of the Contract Time that the Contractor fails to achieve Substantial
Completion up until the date that the Contractor achieves Substantial Completion. Upon
failure of Contractor to fully complete the Work and achieve Final Completion within the
Final Completion Time, Contractor shall pay to City the sum of Two Hundred Dollars
$200.00 for each calendar day after expiration of the Final Completion Time that the
Contractor fails to achieve Final Completion up until the date that the Contractor achieves
Final Completion. These amounts are not penalties but are liquidated damages payable by
Contractor to City for the failure to provide full beneficial occupancy and use of the Project
as required. Liquidated damages are hereby fixed and agreed upon between the parties who
hereby acknowledge the difficulty of determining the amount of damages that will be
sustained by City as a consequence of Contractor's delay and failure of Contractor to
complete the Work on time. The above-stated liquidated damages shall apply separately to
each phase of the Project for which a time for completion is given.
2.4. City is authorized to deduct the liquidated damages from monies due to Contractor for the
Work under this Contract. In case the liquidated damage amount due to City by Contractor
exceeds monies due Contractor from City, Contractor shall be liable and shall immediately
upon demand by City pay to City the amount of said excess.
3. CONTRACT PRICE
3.1. City shall pay to Contractor for the performance of the Work an amount not to exceed
$1,976,317 in accordance with the line items and unit prices included in the Contractor's
Proposal and Schedule of Bid Items (Pricing), attached hereto as Exhibit "A." This sum
("Contract Price")shall be full compensation for all services,labor,materials,equipment and
costs, including overhead and profit, associated with completion of all the Work in full
conformity with the Contract Documents and adjusted only by written change orders signed
by both parties and approved as required by local law. The Contract Price shall include all
applicable sales taxes as required by law.
3.2. City shall make progress payments, deducting the amount from the Contract Price above
on the basis of Contractor's Applications for Payment on or before twenty (20) days after
receipt of the Pay Application. Rejection of a Pay Application by the City shall be within
twenty (20) days after receipt of the Pay Application. Any rejection shall specify the
applicable deficiency and necessary corrective action. Any undisputed portion shall be
paid as specified above. All such payments will be made in accordance with the Schedule
of Values established in the Contract Documents or, in the event there is no Schedule of
Values, as otherwise provided in the Contract Documents. In the event the Contract
Documents do not provide a Schedule of Values or other payment schedule,Applications
for Payment shall be submitted monthly by Contractor on or before the 101'of each month
Page 2 of 25
for the prior month. Progress payments shall be made in an amount equal to the percentage
of Work completed as determined by the City or City's Project Consultant, but, in each
case, less the aggregate of payments previously made and less such amounts as City shall
determine or City may withhold taking into account the aggregate of payments made and
the percentage of Project completion in accordance with the Contract Documents and
Schedule of Values, if any. The Contractor agrees that five percent (5%) of the amount
due for each progress payment or Pay Application (the "Retainage") shall be retained by
City until final completion and acceptance of the Work by City. In the event there is a
dispute between Contractor and City concerning a Pay Application, dispute resolution
procedures shall be conducted by City commencing within 45 days of receipt of the
disputed Payment Application. The City shall reach a conclusion within 15 days thereafter
and promptly notify Contractor of the outcome, including payment, if applicable.
3.3. Each Pay Application shall include an affidavit or partial release or waiver of lien by
Contractor indicating that partial payments received from the City for the Work have been
applied by Contractor to discharge in full all of Contractor's obligations, including
payments to subcontractors and material suppliers.
3.4. The payment of any Application for Payment by the City, including the final request for
payment, does not constitute approval or acceptance by the City of any item of the Work
reflected in such Application for Payment,nor shall it be construed as a waiver of any of
the City 's rights hereunder or at law or in equity.
3.5. Upon Final Completion of the Work by Contractor in accordance with the Contract
Documents and acceptance by the City, and upon receipt of consent by any surety, City
shall pay the remainder of the Contract Price (including Retainage) as recommended by
the City's Project Consultant and Building Official. Final payment is contingent upon
receipt by City from Contractor of at least one complete set of as-built plans,reflecting an
accurate depiction of Contractor's Work.
3.6. This Contract is subject to the conditions precedent that: (i) City funds are available and
budgeted for the Contract Price; (ii) the City secures and obtains any necessary grants or
loans for the accomplishment of this Project pursuant to any borrowing legislation adopted
by the City Commission relative to the Project; and(iii) City Commission enacts legislation
which awards and authorizes the execution of this Contract,if such is required.
4. CONTRACT DOCUMENTS
4.1. The Contract Documents, which comprise the entire agreement between the City and the
Contractor concerning the Work, consist of this Contract for Construction (including any
change orders and amendments thereto), the Plans and Specifications, the Technical
Specifications, any Bidding Documents or procurement documents for the Project, the
Contractor's Bid for the Project (including the Schedule of Bid Items-Pricing), the Bonds
(defined herein), Insurance Certificates,the Notice of Award, and the Notice to Proceed, all
of which are deemed incorporated into and made a part of this Contract by this reference and
govern this Project. In the event of any conflict among the foregoing, the documents shall
govern in the order listed herein. Contractor is reminded and hereby recognizes that all Work
Page 3 of 25
under this Contract must comply with all applicable federal, state and local law. Any
mandatory clauses which are required by applicable law shall be deemed to be incorporated
herein.
4.2. This Contract incorporates and includes all prior negotiations, correspondence,
conversations,agreements, or understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements, or understandings concerning
the subject matter of these Contract Documents that are not 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.
4.3. The Contract Documents shall remain the property of the City. The Contractor shall have
the right to keep one record set of the Contract Documents upon completion of the Project;
however in no circumstances shall the Contractor use,or permit to be used, any or all of such
Contract Documents on other projects without the City's prior written authorization.
5. INDEMNIFICATION
5.1. Contractor shall defend, indemnify, and hold harmless the City, its officers, agents and
employees, from and against any and all demands, claims, losses, suits, liabilities, causes
of action,judgment or damages,including legal fees and costs and through appeal, arising
out of or, related to, or in any way connected with Contractor's performance or non-
performance of this Contract or with Contractor's obligations or the Work related to the
Contract,including by reason of any damage to property,or bodily injury or death incurred
or sustained by any party. Contractor shall defend, indemnify, and hold the City harmless
from all losses, injuries or damages and wages or overtime compensation due its
employees in rendering services pursuant to this Contract, including payment of
reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor
Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, the Americans with Disabilities Act or any employment related
litigation or worker's compensation claims under federal or state law. The provisions of
this section shall survive termination of this Contract.
6. INSURANCE AND BONDS
6.1. Insurance
6.1.1. Contractor shall secure and maintain throughout the duration of this Contract
insurance of such types and in such amounts not less than those specified below as
satisfactory to the City, naming the City as an Additional Insured, underwritten by a
firm rated A-X or better by Bests Rating and qualified to do business in the State of
Florida. Certificates of Insurance shall be provided to the City, reflecting the City as
an Additional Insured, no later than ten (10) days after award of this Contract and
prior to the execution of this Contract by City and prior to commencing any Work.
Each certificate shall include no less than (30) thirty-day advance written notice to
City prior to cancellation, termination, or material alteration of said policies or
insurance.The insurance coverage shall be primary insurance with respect to the City,
Page 4 of 25
its officials, employees, agents and volunteers naming the City as additional insured.
Any insurance maintained by the City shall be in excess of the Contractor's insurance
and shall not contribute to the Contractor's insurance. The insurance coverages shall
include at a minimum the amounts set forth in this Section 6.1.
6.1.1.1. Commercial General Liability coverage with limits of liability of not less
than a $1,000,000 per Occurrence combined single limit for Bodily Injury and
Property Damage. This Liability Insurance shall also include Completed
Operations and Product Liability coverages and eliminate the exclusion with
respect to property under the care,custody and control of Contractor. The General
Aggregate Liability limit (except for Products/Completed Operations) shall be in
the amount of$2,000,000.
6.1.1.2. Workers Compensation and Employer's Liability insurance,to apply for all
employees for statutory limits as required by applicable State and Federal laws.
The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent of the
Contractor shall be allowed to provide Work pursuant to this Contract who is
not covered by Worker's Compensation insurance.
6.1.1.3. Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements,
as filed by the Insurance Services Office, and must include Owned, Hired, and
Non-Owned Vehicles.
6.1.1.4. Builder's Risk property insurance upon the entire Work to the full
replacement cost value thereof. This insurance shall include the interest of City
and Contractor and shall provide All-Risk coverage against loss by physical
damage including, but not limited to, Fire, Extended Coverage, Theft,
Vandalism and Malicious Mischief.
6.1.1.5. Contractor acknowledges that it shall bear the full risk of loss for any
portion of the Work damaged, destroyed, lost or stolen until Final Completion
has been achieved for the Project, and all such Work shall be fully restored by
the Contractor, at its sole cost and expense, in accordance with the Contract
Documents.
6.1.2. Certificate of Insurance. On or before the Effective Date of this Contract, the
Contractor shall provide the City with Certificates of Insurance for all required
policies. The Contractor shall be responsible for assuring that the insurance
certificates required by this Section remain in full force and effect for the duration of
this Contract, including any extensions or renewals that may be granted by the City.
The Certificates of Insurance shall not only name the types of policy(ies) provided,
but also shall refer specifically to this Contract and shall state that such insurance is
as required by this Contract. The City reserves the right to inspect and return a
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certified copy of such policies,upon written request by the City. If a policy is due to
expire prior to the completion of the Work,renewal Certificates of Insurance shall be
furnished thirty (30) calendar days prior to the date of their policy expiration. Each
policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the City before any policy or
coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to
approval of the City.
6.1.2.1. Additional Insured. The City is to be specifically included as an
Additional Insured for the liability of the City resulting from Work performed
by or on behalf of the Contractor in performance of this Contract. The
Contractor's insurance, including that applicable to the City as an Additional
Insured, shall apply on a primary basis and any other insurance maintained by
the City shall be in excess of and shall not contribute to the Contractor's
insurance. The Contractor's insurance shall contain a severability of interest
provision providing that, except with respect to the total limits of liability, the
insurance shall apply to each Insured or Additional Insured (for applicable
policies) in the same manner as if separate policies had been issued to each.
6.1.2.2. Deductibles. All deductibles or self-insured retentions must be declared
to and be reasonably approved by the City. The Contractor shall be responsible
for the payment of any deductible or self-insured retentions in the event of any
claim.
6.1.3. The provisions of this section shall survive termination of this Contract.
6.2. Bonds. If required by the City, prior to performing any portion of the Work and within
three (3) days of the Effective Date hereof, the Contractor shall deliver to City the Bonds
required to be provided by Contractor hereunder (the bonds referenced in this Section are
collectively referred to herein as the"Bonds"). Pursuant to and in accordance with Section
255.05, Florida Statutes, the Contractor shall obtain and thereafter at all times during the
performance of the Work maintain a separate performance bond and labor and material
payment bond for the Work, each in an amount equal to one hundred percent (100%) of
the Contract Price and each in the form provided in the Contract Documents or in other
form satisfactory to and approved in writing by City and executed by a surety of
recognized standing with a rating of B plus or better for bonds up to Two Million
Dollars. The surety providing such Bonds must be licensed, authorized and admitted to
do business in the State of Florida and must be listed in the Federal Register (Dept. of
Treasury, Circular 570). The cost of the premiums for such Bonds is included in the
Contract Price. If notice of any change affecting the Scope of the Work, the Contract
Price, Contract Time or any of the provisions of the Contract Documents is required by
the provisions of any bond to be given to a surety, the giving of any such notice shall be
Contractor's sole responsibility, and the amount of each applicable bond shall be adjusted
accordingly. If the surety is declared bankrupt or becomes insolvent or its right to do
business in Florida is terminated or it ceases to meet applicable law or regulations, the
Contractor shall,within five (5)days of any such event, substitute another bond(or Bonds
as applicable) and surety, all of which must be satisfactory to City.
Page 6 of 25
7. CONTRACTOR'S REPRESENTATIONS AND WARRANTIES
7.1. In order to induce the City to enter into this Contract, the Contractor makes the following
representations and warranties:
7.1.1. Contractor represents the following:
7.1.1.1. Contractor has examined and carefully studied the Contract Documents and
the other data identified in the bidding documents,including,without limitation,
the "technical data" and plans and specifications and the Plans.
7.1.1.2. Contractor has visited the Project site and become familiar with and is
satisfied as to the general and local conditions and site conditions that may affect
cost,progress,performance or furnishing of the Work.
7.1.1.3. Contractor is familiar with and is satisfied as to all federal, state and local
laws, regulations and permits that may affect cost, progress, performance and
furnishing of the Work. Contractor agrees that it will at all times comply with
all requirements of the foregoing laws,regulations and permits.
7.1.1.4. Contractor has made, or caused to be made, examinations, investigations,
tests and/or studies as necessary to determine surface and subsurface conditions
at or on the site. Contractor acknowledges that the City does not assume
responsibility for the accuracy or completeness of information and data shown
or indicated in the Contract Documents with respect to underground or ground
facilities at, contiguous or near the site or for existing improvements at or near
the site. Contractor has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning
conditions (surface, subsurface and underground facilities and improvements)
at, contiguous or near to the site or otherwise which may affect cost, progress,
performance or furnishing of the Work or which relate to any aspect of the
means, methods, techniques, sequences and procedures of construction to be
employed by Contractor and safety precautions and programs incident thereto.
Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and
furnishing of the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
7.1.1.5. Contractor is aware of the general nature of Work to be performed by the
City and others at the site that relates to the Work as indicated in the Contract
Documents.
7.1.1.6. Contractor has correlated the information known to Contractor,information
and observations obtained from visits to the site,reports and drawings identified
in the Contract Documents and all additional examinations, investigations,
explorations,tests, studies and data with the Contract Documents.
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7.1.1.7. Contractor has given City written notice of all conflicts, errors, ambiguities
or discrepancies that Contractor has discovered in the Contract Documents and
the written resolution thereof by City is acceptable to Contactor, and the
Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
7.1.1.8. The Contractor agrees and represents that it possesses the requisite
qualifications and skills to perform the Work and that the Work shall be executed
in a good and workmanlike manner,free from defects,and that all materials shall
be new and approved by or acceptable to City, except as otherwise expressly
provided for in the Contract Documents. The Contractor shall cause all
materials and other parts of the Work to be readily available as and when
required or needed for or in connection with the construction, furnishing and
equipping of the Project.
7.1.2. Contractor warrants the following:
7.1.2.1. Anti-Discrimination: Contractor agrees that it will not discriminate against
any employees or applicants for employment or against persons for any other
benefit or service under this Contract because of race, color, religion, sex,
national origin, or physical or mental handicap where the handicap does not
affect the ability of an individual to perform in a position of employment, and
agrees to abide by all federal and state laws regarding non-discrimination.
7.1.2.2. Anti-Kickback: Contractor warrants that no person has been employed or
retained to solicit or secure this Contract upon an agreement or understanding
for a commission,percentage,brokerage or contingent fee,and that no employee
or officer of the City has any interest, financially or otherwise, in the Project.
For breach or violation of this warranty, the City shall have the right to annul
this Contract without liability or, in its discretion, to deduct from the Contract
Price or consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
7.1.2.3. Licensing and Permits: Contractor warrants that it shall have, prior to
commencement of Work under this Contract and at all times during said Work,
all required licenses and permits whether federal, state, County or City.
Contractor acknowledges that it is the obligation of Contractor to obtain all
licenses and permits required for this Project, including City building permits.
If permits are required by any other governing body or agency, the Contractor
shall be obligated to pay the fees.
8. DEFAULT AND TERMINATION
8.1. If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt completion of the
Work within the Contract Time or Final Completion Time as specified in Section 2, or shall
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perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall
discontinue the prosecution of the Work pursuant to the accepted schedule or if the
Contractor shall fail to perform any material term set forth in the Contract Documents or if
Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy
or insolvency, or shall make an assignment for the benefit of creditors, or from any other
cause whatsoever shall not carry on the Work in an acceptable manner,City may,upon seven
(7) days after sending Contractor a written Notice of Termination, terminate the services of
Contractor, exclude Contractor from the Project site,provide for alternate prosecution of the
Work, appropriate or use any or all materials and equipment on the Project site as may be
suitable and acceptable, and may finish the Work by whatever methods it may deem
expedient. In such case Contractor shall not be entitled to receive any further payment until
the Project is completed. All damages, costs and charges incurred by City,together with the
costs of completing the Project,shall be deducted from any monies due orwhich may become
due to Contractor. In case the damages and expenses so incurred by City shall exceed monies
due Contractor from City, Contractor shall be liable and shall pay to City the amount of said
excess promptly upon demand therefore by City. In the event it is adjudicated that City was
not entitled to terminate the Contract as described hereunder for default, the Contract shall
automatically be deemed terminated by City for convenience as described below.
8.2. This Contract may be terminated by the City for convenience upon seven (7) calendar
days' written notice to the Contractor. In the event of such a termination, the Contractor
shall incur no further obligations in connection with the Project and shall, to the extent
possible, terminate any outstanding subcontractor obligations. The Contractor shall be
compensated for all services performed to the satisfaction of the City. In such event, the
Contractor shall promptly submit to the City its Application for Payment for final payment
which shall comply with the provisions of the Contract Documents.
9. MISCELLANEOUS
9.1. No Assignment.Neither party shall assign the Contract or any sub-contract in whole or in
part without the written consent of the other,nor shall Contractor assign any monies due or
to become due to it hereunder,without the previous written consent of the City Manager.
9.2. Contractor's Responsibility for Damages and Accidents.
9.2.1. Contractor shall accept full responsibility for the Work against all loss or damage of
any nature sustained until final acceptance by City and shall promptly repair any damage
done from any cause.
9.2.2. Contractor shall be responsible for all materials,equipment and supplies pertaining to
the Project. In the event any such materials, equipment and supplies are lost, stolen,
damaged or destroyed prior to final acceptance by City, Contractor shall replace same
without cost to City.
9.3. Defective Work.Warranty and Guarantee.
9.3.1. City shall have the authority to rejector disapprove Work which the City finds to be
defective. If required by the City, Contractor shall promptly either correct all defective
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Work or remove such defective Work and replace it with non-defective Work.
Contractor shall bear all direct, indirect and consequential costs of such removal or
corrections including cost of testing laboratories and personnel.
9.3.2. Should Contractor fail or refuse to remove or correct any defective Work or to make
any necessary repairs in accordance with the requirements of the Contract Documents
within the time indicated in writing by the City or its designee, City shall have the
authority to cause the defective Work to be removed or corrected, or make such repairs
as may be necessary at Contractor's expense. Any expense incurred by City in making
such removals, corrections or repairs, shall be paid for out of any monies due or which
may become due to Contractor. In the event of failure of Contractor to make all
necessary repairs promptly and fully, City may declare Contractor in default.
9.3.3. The Contractor shall unconditionally warrant and guarantee all labor, materials and
equipment furnished and Work performed for a period of one (1)year from the date of
Substantial Completion. If,within one (1)year after the date of substantial completion,
any of the Work is found to be defective or not in accordance with the Contract
Documents, Contractor, after receipt of written notice from City, shall promptly correct
such defective or nonconforming Work within the time specified by City without cost
to City. Should the manufacturer of any materials and equipment furnished provide for
a longer warranty, then the Contractor shall transfer such warranty to the City prior to
Final Completion. Nothing contained herein shall be construed to establish a period of
limitation with respect to any other obligation which Contractor might have under the
Contract Documents including but not limited to any claim regarding latent defects.
Contractor shall provide and assign to City all material and equipment warranties upon
completion of the Work hereunder.
9.3.4. Failure to reject any defective Work or material shall not in any way prevent later
rejection when such defect is discovered.
9.4. Legal Restrictions; Hours of Work; Traffic Provisions.
9.4.1. Contractor shall conform to and obey all applicable laws, regulations, or ordinances
with regard to labor employed, hours of Work and Contractor's general operations.
Contractor shall conduct its operations so as not to interfere with or close any
thoroughfare,without the written consent of the City or governing jurisdiction. Work is
anticipated to be performed Monday through Friday in accordance with the
requirements and limitations of applicable law including,without limitation,the City
Code of Ordinances. The Contractor shall not perform Work beyond the time and
days provided above without the prior written approval of the City.
9.5. Examination and Retention of Contractor's Records.
9.5.1. The City or any of its duly authorized representatives shall, until three (3)years after
final payment under this Contract, have access to and the right to examine any of the
Contractor's books, ledgers, documents, papers, or other records involving transactions
related to this Contract for the purpose of making audit, examination, excerpts, and
Page 10 of 25
transcriptions. In addition, the Contractor agrees to comply specifically with the
provisions of Section 119.0701,Florida Statutes.
9.5.2. The Contractor agrees to include in any subcontractor contracts for this Project
corresponding provisions for the benefit of City providing for retention and audit of
records.
9.5.3. The right to access and examination of records stated herein and in any subcontracts
shall survive termination or expiration of this Contract and continue until disposition of
any mediation,claims,litigation or appeals related to this Project.
9.5.4. The City may cancel and terminate this Contract immediately for refusal by the
Contractor to allow access by the City Manager or designees to any Records pertaining
to work performed under this Contact that are subject to the provisions of Chapter 119,
Florida Statutes.
9.6. No Damages for Delay.No claim for damages or any claim, other than for an extension of
time shall be made or asserted against City by reason of any delays. Contractor shall not be
entitled to an increase in the Contract Price or payment or compensation of any kind from
City for direct,indirect,consequential,impact or other costs,expenses or damages,including
but not limited to, costs of acceleration or inefficiency, arising because of delay, disruption,
interference or hindrance from any cause whatsoever, whether such delay, disruption,
interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or unavoidable or whether or not caused by City. Contractor shall be entitled only
to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
Notwithstanding the above Contractor may be granted an extension of time and suspension
of liquidated damages for any delay beyond the control of the Contractor. Should any delay,
disruption, interference or hindrance be intentionally caused by the City, for a continuous
period or cumulative period of thirty (30) days, the Contractor may terminate the Contract
upon seven(7)days written notice to the City.
9.7. Authorized Representative.
9.7.1. Before commencing the Work, Contractor shall designate a skilled and competent
authorized supervisor and representative("Authorized Representative")acceptable to
City to represent and act for Contractor and shall inform City, in writing, of the name
and address of such representative together with a clear definition of the scope of his
authority to represent and act for Contractor. Contractor shall keep City informed of
any subsequent changes in the foregoing. Such representative shall be present or duly
represented at the Project site at all times when Work is actually in progress. All
notices, determinations, instructions and other communications given to the
authorized representatives of Contractor shall be binding upon the Contractor.
9.7.2. The Authorized Representative,project managers, superintendents and supervisors
for the Project are all subject to prior and continuous approval of the City. If, at any
time during the term of this Contract, any of the personnel either functionally or
nominally performing any of the positions named above,are,for any reasonable cause
Page 11 of 25
whatsoever, unacceptable to the City, Contractor shall replace the unacceptable
personnel with personnel acceptable to the City.
9.8. Taxes.Contractor shall pay all taxes, levies,duties and assessments of every nature which
may be applicable to any Work under this Contract. The Contract Price and any agreed
variations thereof shall include all taxes imposed by law at the time of this Contract.
Contractor shall make any and all payroll deductions required by law. Contractor herein
indemnifies and holds Owner harmless from any liability on account of any and all such
taxes, levies,duties and assessments.
9.9. Utilities. Contractor shall, at its expense, arrange for, develop and maintain all utilities at
the Project to perform the Work and meet the requirements of this Contract. Such utilities
shall be furnished by Contractor at no additional cost to City. Prior to final acceptance of
the Work, Contractor shall, at its expense, satisfactorily remove and dispose of all
temporary utilities developed to meet the requirements of this Contract.
9.10. Safety. Contractor shall be fully and solely responsible for safety and conducting
all operations under this Contract at all times in such a manner as to avoid the risk of
bodily harm to persons and damage to property.Contractor shall continually and diligently
inspect all Work,materials and equipment to discover any conditions which might involve
such risks and shall be solely responsible for discovery and correction of any such
conditions. Contractor shall have sole responsibility for implementing its safety program.
City shall not be responsible for supervising the implementation of Contractor's safety
program, and shall not have responsibility for the safety of Contractor's or its
subcontractor's employees. Contractor shall maintain all portions of the Project site and
Work in a neat, clean and sanitary condition at all times. Contractor shall assure that
subcontractors performing Work comply with the foregoing safety requirements.
9.11. Cleaning Up. Contractor shall, at all times, at its expense, keep its Work areas in a
neat, clean and safe condition. Upon completion of any portion of the Work, Contractor
shall promptly remove all of its equipment, construction materials, temporary structures
and surplus materials not to be used at or near the same location during later stages of
Work. Upon completion of the Work and before final payment is made, Contractor shall,
at its expense, satisfactorily dispose of all rubbish, unused materials and other equipment
and materials belonging to it or used in the performance of the Work and Contractor shall
leave the Project in a neat, clean and safe condition. In the event of Contractor's failure to
comply with the foregoing, the same may be accomplished by City at Contractor's
expense.
9.12. Rights and Remedies. The duties and obligations imposed by the Contract
Documents and the rights and remedies available thereunder and in accordance with this
Contract shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
9.13. Public Entity Crimes Affidavit. Contractor shall comply with Section 287.133,
Florida Statutes, and (Public Entity Crimes Statute) notification of which is hereby
incorporated herein by reference, including execution of any required affidavit.
Page 12 of 25
9.14. Capitalized Terms. Capitalized terms shall have their plain meaning as indicated
herein.
9.15. Independent Contractor. The Contractor is an independent contractor under the
Contract. This Contract does not create any partnership nor joint venture. Services provided
by the Contractor shall be by employees of the Contractor and subject to supervision by the
Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee benefits,purchasing policies
and other similar administrative procedures, applicable to services rendered under the
Contract shall be those of the Contractor.
9.16. Payment to Sub-Contractors; Certification of Payment to Subcontractors: The
term"subcontractor", as used herein,includes persons or firms furnishing labor,materials or
equipment incorporated into or to be incorporated into the Work or Project. The Contractor
is required to pay all subcontractors for satisfactory performance of their contracts as a
condition precedent to payment to Contractor by the City. The Contractor shall also return
all retainage withheld to the subcontractors within 30 days after the subcontractor's work is
satisfactorily complete and accepted by the City.
9.17. Liens.Contractor shall not permit any mechanic's, laborer's or materialmen's lien to
be filed against the Project site or any part thereof by reason of any Work, labor, services or
materials supplied or claimed to have been supplied to the Project. In the event such a lien
is found or claimed against the Project, Contractor shall within ten (10) days after notice
of the lien discharge the lien or liens and cause a satisfaction of such lien to be recorded
in the public records of Miami-Dade County, Florida, or cause such lien to be transferred
to a bond, or post a bond sufficient to cause the Clerk of the Circuit Court of Miami-Dade
County, Florida, to discharge such lien pursuant to Chapter 713.24, F.S. In the event
Contractor fails to so discharge or bond the lien or liens within such period as required
above, City shall thereafter have the right,but not the obligation,to discharge or bond the
lien or liens. Additionally, City shall thereafter have the right, but not the obligation, to
retain out of any payment then due or to become due Contractor, one hundred fifty percent
(150%) of the amount of the lien and to pay City 's reasonable attorneys' fees and costs
incurred in connection therewith.
9.18. Governing Law.This Contract shall be construed in accordance with and governed
by the laws of the State of Florida. Venue for any litigation arising out of this Contract
shall be proper exclusively in Miami-Dade County, Florida.
9.19. Waiver of Jury Trial. CITY AND CONTRACTOR KNOWINGLY,
IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT
EITHER MAY HAVE TO A TRIAL BY JURY IN STATE AND OR FEDERAL COURT
PROCEEDINGS IN RESPECT TO ANY ACTION, PROCEEDING, LAWSUIT OR
COUNTERCLAIM BASED UPON THE CONTRACT FOR CONSTRUCTION,
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THE CONSTRUCTION
OF THE WORK, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
STATEMENTS OR ACTIONS OR INACTIONS OF ANY PARTY.
Page 13 of 25
9.20. Notices/Authorized Representatives. Any notices required by this Contract shall
be in writing and shall be deemed to have been properly given if transmitted by hand-
delivery, by registered or certified mail with postage prepaid return receipt requested, or
by a private postal service, addressed to the parties (or their successors) at the addresses
listed on the signature page of this Contract or such other address as the party may have
designated by proper notice.
9.21. Prevailing Party;Attorneys' Fees. In the event of any controversy,claim,dispute
or litigation between the parties arising from or relating to this Contract (including, but
not limited to, the enforcement of any indemnity provisions),the prevailing parry shall be
entitled to recover from the non-prevailing party all reasonable costs, expenses,
paralegals' fees, experts' fees and attorneys' fees including,but not limited to, court costs
and other expenses through all appellate levels.
9.22. Ownership and Access to Records and Audits.
9.22.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information,
and all similar or related information (whether patentable or not) which relate to
Services to the City which are conceived, developed or made by Contractor during
the term of this Contract ("Work Product") belong to the City. Contractor shall
promptly disclose such Work Product to the City and perform all actions reasonably
requested by the City (whether during or after the term of this Contract) to establish
and confirm such ownership (including, without limitation, assignments, powers of
attorney and other instruments).
9.22.2. Contractor agrees to keep and maintain public records in Contractor's possession
or control in connection with Contractor's performance under this Contract. The City
Manager or her designee shall, during the term of this Contract and for a period of
three (3) years from the date of termination of this Contract, have access to and the
right to examine and audit any records of the Contractor involving transactions related
to this Contract. Contractor additionally agrees to comply specifically with the
provisions of Section 119.0701, Florida Statutes. Contractor shall ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law, for the duration of the
Contract, and following completion of the Contract until the records are transferred
to the City.
9.22.3. Upon request from the City's custodian of public records, Contractor shall provide
the City with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
9.22.4. Unless otherwise provided by law, any and all records,including but not limited to
reports,surveys,and other data and documents provided or created in connection with
this Contract are and shall remain the property of the City.
Page 14 of 25
9.22.5. Upon completion of this Contract or in the event of termination by either party, any
and all public records relating to the Contract in the possession of the Contractor shall
be delivered by the Contractor to the City Manager, at no cost to the City, within
seven(7)days. All such records stored electronically by Contractor shall be delivered
to the City in a format that is compatible with the City's information technology
systems. Once the public records have been delivered upon completion or termination
of this Contract,the Contractor shall destroy any and all duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements.
9.22.6. Any compensation due to Contractor shall be withheld until all records are received
as provided herein.
9.22.7. Contractor's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Contract by the City.
9.22.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS: ELLISA L. HORVATH,
MMC, CITY CLERK, 19200 WEST COUNTRY CLUB DRIVE,
AVENTURA, FLORIDA 331809 305-466-89019
HORVATHE(i ,CITYOFAVENTURA.COM.
9.23. Conflicts; Order of Priority. This document without exhibits is referred to as the
"Base Agreement." In the event of a conflict between the terms of this Base Agreement
and any exhibits or attachments hereto, or any documents incorporated herein by
reference, the conflict shall be resolved in the following order of priorities and the more
stringent criteria for performance of the Work shall apply:
9.23.1. First Priority: Change Orders with later date taking precedence;
9.23.2. Second Priority: Sections 1 through 26 of this Base Agreement; and
9.23.3. Third Priority: Exhibit A.
10. SPECIAL CONDITIONS
10.1. The following provisions in this Section 10 supersede any other provisions
contained in this Contract only to the extent of any conflict with same. These provisions
are particular to a given transaction and are transaction specific:
10.2. Preliminary Steps.
Page 15 of 25
10.2.1. Pre-Construction Conference.Within fourteen(14)calendar days after this Contract
is executed by both parties, and before any Work has commenced, a pre-construction
conference will be held between the City, the Contractor, and the Project Consultant.
The Contractor must submit its project schedule and schedule of values, if applicable,
prior to this conference.
10.3. Proiect Schedule. Contractor must submit a proposed Project Schedule as follows:
10.3.1. Schedule must identify the schedule for each location comprising the Project. The
proposed Project schedule must be submitted within ten(10)calendar days from the date
this Contract is executed by both parties for the review and approval of the Project
Consultant or City as applicable. This initial schedule shall establish the baseline
schedule for the Project.
10.3.2. All updates of schedules must be tracked against the baseline schedule and must be at
a minimum submitted with each pay application. An updated schedule tracked against
the baseline must also be submitted upon execution of each CO that impacts the Contract
Time. Failure to submit such schedules will result in the rejection of any submitted
payment application.
10.3.3. All Project Schedules must be prepared in Microsoft Project 2007 or earlier unless
otherwise approved by the Project Consultant or City as applicable. At the time of
submission of schedules, Contractor must submit a hard copy as well as an electronic
version. Electronic versions must not be submitted in a .pdf format.
10.3.4. In addition to the Project Schedule the Contractor must provide a two(2)week look-
ahead schedule that reflects the Work to be performed during the following two(2)week
period. The look-ahead schedule must be provided to the Project Consultant and City at
a regular frequency prior to the start of the two-week period. This schedule will, at a
minimum, include the area(s) where Work is to be performed and the Work to be
performed in the area(s).
10.4. Schedule of Values. The Contractor must submit two copies of schedule of values
within ten (10) calendar days from the date this Contract is executed by both parties. The
schedule of values shall indicate a complete breakdown of labor and material of all categories
of Work on the Project. Contractor's overhead and profit must be listed as separate line items.
Each line item must be identified with the number and title of the major specification section
or major components of the items. The Project Consultant or City as applicable may require
further breakdown after review of the Contractor's submittal. The City reserves the right to
require such information from the Contractor as may be necessary to determine the accuracy
of the schedule of values. The combined total value for mobilization under the Schedule of
Values shall not exceed 5% of the value of the Contract. The accepted Schedule of Values
must be incorporated into the Contractor's payment application form.
10.5. Construction Photographs. Prior to commencement of the Work the Contractor
must take digital photographs and color audio-video recording to document existing
conditions and submit copies in an acceptable format to the City. Contractor must submit
Page 16 of 25
with each application for payment photographs that accurately reflect the progress of all
aspects of the Work. The number of photographs to be taken will be based on the magnitude
of the Work being performed. Contractor must submit one copy of each photograph in print
and digitally. The photographs must be printed on 8" X 10" high resolution glossy
commercial grade and weight color photographic print paper or in a format acceptable to the
City.Each photograph must be imprinted on its face with the title of the Project,the date,and
time the picture was taken.Digital photographs must be taken using .jpeg format and will be
submitted through a file-sharing site (such as Dropbox) or on a CD-ROM or flash drive
clearly identifying the name of the Project,the name of the Contractor,and the timeframe in
which the pictures were taken. Initial set up prints will be submitted in a three-ring binder
with each picture protected by a clear plastic sleeve. Subsequent prints are to be submitted in
clear plastic sleeves that can be added to the binder. The three-ring binder must be of such
size to be able to hold all print pictures.
10.6. Staging Site.
10.6.1. The Contractor is solely responsible for making all arrangements for any staging
site(s) that may be necessary for the performance of the Work and the Contractor is
responsible for all site security, including any fencing of the site, and any loss, damage
or theft to its equipment and materials. Any fencing of the Staging Site is subject to the
prior written approval of the City.
10.6.2. The City at its sole discretion may make a staging site available for use by the
Contractor. If such site is made available by the City,the City assumes no responsibility
or liability for the equipment or materials stored on the site, and the Contractor will be
solely responsible for any loss, damage or theft to its equipment and materials. The
Contractor must restore the site to its pre-existing condition prior to the Contractor's use
of the site.
10.6.3. The Contractor may be required to provide or may choose to use an office trailer for
the duration of the Project. The Contractor must have the prior written approval of the
City as to the use of any office trailer and the placement location for the office trailer.
The Contractor must obtain all required permits from the appropriate regulatory
agencies.
10.6.4. Parking. No parking is permitted at a City provided staging site without the prior
written approval of the City.
10.7. Proiect Siwne. Contractor must furnish and install two (2) Project signs at the
Project Site in accordance with the requirements provided by the Project Consultant or the
City as applicable.
10.8. Royalties and Patents.All fees,royalties, and claims for any invention, or pretended
inventions, or patent of any article,material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the Work or appurtenances, are hereby
included in the prices stipulated in the Contract for said Work.
Page 17 of 25
10.9. Purchase and Delivery, Storage and Installation. All materials must be F.O.B.
delivered and included in the cost of the Work. The Contractor is solely responsible for the
purchase, delivery, off-loading and installation of all equipment and material(s). Contractor
must make all arrangement for delivery. Contractor is liable for replacing any damaged
equipment or material(s)and filing any and all claims with suppliers. All transportation must
comply with all federal, state (including FDOT),Miami-Dade County, and local laws,rules
and regulations.No materials will be stored on-site without the prior written approval of the
City.
10.10. Substitutions. Substitution of any specified material or equipment requires the prior
written acceptance of the Project Consultant. It is the sole responsibility of the Contractor to
provide sufficient information and documentation to the Project Consultant to allow for a
thorough review and determination on the acceptability of the substitution. Approval of a
substitution does not waive or mitigate the Contractor's responsibility to meet the
requirements of the Contract Documents. The City may require an adjustment in price based
on any proposed substitution.
10.11. Unsatisfactory Personnel.
10.11.1. Contractor must at all times enforce strict discipline and good order among its
employees and subcontractors at the Project(s)site(s)and must not employ on any Work
any unfit person or anyone not skilled in the Work to which they are assigned.
10.11.2. The City may make written request to the Contractor for the prompt removal
and replacement of any personnel employed or retained by the Contractor, or any or
Subcontractor engaged by the Contractor to provide and perform services or Work
pursuant to the requirements of the Contract Documents. The Contractor must respond
to the City within five(5)calendar days of receipt of such request with either the removal
and replacement of such personnel or written justification as to why that may not occur.
The City will make the final determination as to the removal of unsatisfactory personnel
from the Work.The Contractor agrees that the removal of any of such individual(s)does
not require the termination or demotion of said individual(s).
10.12. Contract Modification.
10.12.1. Change Orders.
10.12.1.1. Without invalidating the Contract Documents, and without notice to any
Surety,the City reserves the right to make increases,decreases or other changes in
the character or quantity of the Work under the Contract Documents as may be
considered necessary or desirable to complete the Work in a manner satisfactory
to the City. The City reserves the right to order changes, which may result in
additions to or reductions from the amount,type or value of the Work shown in the
Contract, and which are within the general scope of the Contract Documents, and
all such changes will be authorized only by a change order ("CO") approved in
advance, and issued in accordance with provisions of the Contract Documents.
Page 18 of 25
10.12.1.2. For Contractor initiated change orders, the Contractor is required to provide
the Project Consultant with a detailed Request for Change Order ("RCO") in a
form approved by the City, which must include the requested revisions to the
Contract, including, but not limited to, adjustments in the Contract Price and/or
Contract Time. The Contractor must provide sufficient supporting documentation
to demonstrate the reasonableness of the RCO.The City may require Contractor to
provide additional data including,but not limited to, a cost breakdown of material
costs, labor costs, labor rates by trade, work classifications, and overhead rates to
support the RCO. If applicable, the RCO must include any schedule revisions
accompanied by an explanation of the cost impact of the proposed change. Failure
to include schedule revisions in an RCO will be deemed as the Contractor's
acknowledgement that the changes included in an RCO will not affect the project
schedule.
10.12.1.3. Any modifications to the Contract Work, Contract Time, or Contract Price,
must be effectuated through a written CO executed by both parties.
10.12.1.4. In the event a satisfactory adjustment cannot be reached, and a CO has not
been issued,given that time is of the essence,the City reserves the right,at its sole
option, to direct the Contractor to proceed on a time and materials basis or make
such arrangements as may be deemed necessary to complete the proposed
additional Work at the unit prices provided in the Contract Documents. Where the
City directs the Contractor to proceed on a time and materials basis,the Contractor
must maintain detailed records of all labor and material costs including but not
limited to payroll records and material receipts. Contractor must demonstrate its
costs with sufficient evidence to be entitled to compensation from the City.
10.12.2. Extension of Contract Time.
10.12.2.1. If the Contractor is delayed at any time during the progress of the Work
beyond the time frame provided for Final Completion by a delay beyond the
reasonable control of the Contractor, then the Contract Time shall be extended
subject to the following conditions:
10.12.2.1.1. The Contractor submits an RCO requesting the additional Contract
Time within five (5) calendar days after the Contractor knew or should have
known about the delay;
10.12.2.1.2. The cause of the delay arose after the issuance of the NTP and could
not have been anticipated by the Contractor through reasonable investigation
before proceeding with the Work;
10.12.2.1.3. The Contractor demonstrates that the completion of the Work will
actually be affected by the cause of the delay;
10.12.2.1.4. The delay cannot be avoided or mitigated by the exercise of all
reasonable precautions, efforts, and measures of the Contractor.
Page 19 of 25
10.12.3. Continuing the Work
10.12.3.1. Contractor must continue to perform all Work under the Contract Documents
during all disputes or disagreements with City,including disputes or disagreements
concerning an RCO. Contractor shall not delay any Work pending resolution of
any disputes or disagreements.
10.13. As-Built Drawings. During the Work, Contractor must maintain records of all
deviations from the Drawings as approved by the Project Consultant and prepare two copies
of As-Built Record Drawings showing correctly and accurately all changes and deviations
made during construction to reflect the Work as it was actually constructed. It is the
responsibility of the Contractor to check the As-Built Drawings for errors and omissions prior
to submittal to the City and to certify in writing that the As-Built Record Drawings are correct
and accurate, including the actual location of all infrastructure, internal piping, and
electrical/signal conduits in or below the concrete floor (indicating the size, depth, and
voltage in each conduit).To record actual construction,Contractor must legibly mark on-site
structures and site Work as follows:
10.13.1. Depths of various elements of foundation in relation to finish first floor datum.
10.13.2. All underground piping and ductwork with elevations and dimensions and
locations of valves, pull boxes, etc. Changes in location. Horizontal and vertical
locations of underground utilities and appurtenances referenced to permanent surface
improvements.Actual installed pipe material,class,etc.
10.13.3. Location of internal utilities and appurtenances concealed in the construction,
referenced to visible and accessible features of the structure. Air conditioning ducts with
locations of dampers, access doors,fans and other items needing periodic maintenance.
10.13.4. Field changes in dimensions and details.
10.13.5. Changes made by Project Consultant's written instructions or by Change
Order.
10.13.6. Details not on original Contract Drawings.
10.13.7. Equipment,conduit, electrical panel locations.
10.13.8. Project Consultant's schedule changes according to Contractor's records and
shop drawings.
10.14. Specifications and Addenda: Legibly mark each section to record:
10.14.1. Manufacturer,trade name, catalog number and Supplier of each product and
item of equipment actually installed.
10.14.2. Changes made by Project Consultant's written instructions or by Change
Order.
Page 20 of 25
10.15. Approved Shop Drawings:Provide record copies for each process,equipment,piping,
electrical system and instrumentation system.
10.15.1. As-built documents must be updated monthly as a condition precedent to
payment.A final survey signed and sealed by a surveyor must be provided to the City at
no additional cost,including digital 1 (CAD and PDF)versions.
10.15.2. For construction of new building, or building additions, field improvements,
and or roadway improvements,as-built drawings must be signed and sealed by a Florida
Licensed Registered Land Surveyor.
10.16. Record Set. Contractor must maintain in a safe place one record copy and one permit
set of the Contract Documents, including, but not limited to, all Drawings, Specifications,
amendments, COs, RFIs, and field directives, as well as all written interpretations and
clarifications issued by the Project Consultant, in good order and annotated to show all
changes made during construction. The record documents must be continuously updated by
Contractor throughout the prosecution of the Work to accurately reflect all field changes that
are made to adapt the Work to field conditions, changes resulting from COs and/or field
directives as well as all written interpretations and clarifications,and all concealed and buried
installations of piping, conduit and utility services. Contractor must certify the accuracy of
the updated record documents. The record documents must be clean, and all changes,
corrections and dimensions must be given in a neat and legible manner in red. Upon Final
Completion and as a condition precedent to Contractor's entitlement to final payment, the
Record Set must be delivered to the Project Consultant by the Contractor. The Record Set
of Drawing must be submitted in both hard copy and as electronic plot files.
10.17. Maintenance of Traffic. Maintenance of Traffic ("MOT") must be performed in
accordance with the applicable FDOT Index Numbers (600 Series) and as further stated
herein. The manual on Uniform Traffic Control Devises for Streets and Highways (U.S.
Department of Transportation, FHWA), must be followed in the design, application,
installation, maintenance and removal of all traffic control devices, warning devices and
barriers necessary to protect the public and workmen from hazards with the Project limits.
Pedestrian and vehicular traffic must be maintained and protected at all times. Prior to
commencement of the Work, Contractor must provide the City with a proposed MOT plan
for review. The City may require revisions to the proposed MOT plan. The MOT plan must
be updated by the Contractor every two weeks. Failure to provide an MOT plan may result
in the issuance of a stop work order.The Contractor will not be entitled to additional Contract
Time for delays resulting from its failure to provide the required MOT plan.
10.18. Hurricane Preparedness. During such periods of time as are designated by the
United States Weather Bureau or Miami-Dade County as being a severe weather event,
including a hurricane watch or warning, the Contractor, at no cost to the City, must take all
precautions necessary to secure any Work in response to all threatened storm events,
regardless of whether the Contractor has been given notice of same, in accordance with the
Miami-Dade County Code. Compliance with any specific severe weather event or alert
precautions will not constitute additional work. Suspension of the Work caused by a
Page 21 of 25
threatened or actual storm event,regardless of whether the City has directed such suspension,
will entitle the Contractor to additional Contract Time as non-compensable,excusable delay
10.19. E-Verify Affidavit.In accordance with Section 448.095, Florida Statutes,the City
requires all contractors doing business with the City to register with and use the E-Verify
system to verify the work authorization status of all newly hired employees. The City will
not enter into a contract unless each party to the contract registers with and uses the E-
Verify system. The contracting entity must provide of its proof of enrollment in E-Verify.
For instructions on how to provide proof of the contracting entity's
participation/enrollment in E-Verify, please visit: hM2s://www.e-verify.gov/faq/how-do-
iiprovide-proof-of-my_participationenrollment-in-e-verify. By entering into this
Agreement, the Contractor acknowledges that it has read Section 448.095, Florida
Statutes;will comply with the E-Verify requirements imposed by Section 448.095,Florida
Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors;
and has executed the required affidavit attached hereto and incorporated herein.
10.20. Noncoercive Affidavit. In accordance with Section 787.06, Florida Statutes, the
City requires all vendors executing, renewing or extending a contract with the City to
execute the required City affidavit, attesting that vendor does not use coercion for labor or
services.
[Remainder of page intentionally left blank. Signature pages follow.]
Page 22 of 25
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day
and year as first stated above.
CITY OF AVENTURA CONTRACTOR
By: By:
Ronald J. Wasson
City Manager Name:
Attest: Title:
Entity:
By: ISLAND CONSTRUCTION GROUP,INC.
Ellisa L. Horvath,MMC
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfinan Cole & Bierman, P.L.
City Attorney
Addresses for Notice: Addresses for Notice:
City of Aventura ISLAND CONSTRUCTION GROUP,INC.
Attn: City Manager Attn:
19200 West Country Club Drive Address:
Aventura, Florida 33180
305-466-8910
rwasson@cityofaventura.com
(telephone)
With a copy to: (email)
Weiss Serota Helfman Cole& Bierman, P.L.
Attn: Robert Meyers With a copy to:
2255 Glades Road, Suite 200E
Boca Raton, Florida 33431
561-835-2111
rmeyers@wsh-law.com
(telephone)
(email)
Page 23 of 25
E-VERIFY AFFIDAVIT
In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing
business with the City to register with and use the E-Verify system to verify the work authorization
status of all newly hired employees. The City will not enter into a contract unless each party to the
contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify.For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify,please visit:
https://www.e-verif gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited
to obtaining E-Verify affidavits from subcontractors.
❑ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
Signature Date
Print Name Title
Page 24 of 25
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES
Nongovernment Entity Name: ("Vendor")
Vendor FEIN:
Address:
City: State: Zip:
Phone Number: Email Address:
As a nongovernmental entity executing, renewing, or extending a contract with the City of
Aventura,Florida,Vendor is required to provide an affidavit under penalty of perjury attesting that
Vendor does not use coercion for labor or services, and is in compliance with Section 787.06,
Florida Statutes.
As defined in Section 787.06(2)(a), Florida Statutes, 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, Florida Statutes 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, and is in compliance with Section 787.06, Florida Statutes.
Written Declaration
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts
stated in it are true.
Signature Date
Print Name Title
Page 25 of 25
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission _
FROM: Ronald J. Wasson, City Manager
BY: Jake Ozyman, PE, Public Works & Transportation Director
DATE: September 27, 2024
SUBJECT: Approval of Owner's Representative Services with HPF Associates,
Inc., The Government Center, Mezzanine Level Deck Replacement
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to enter into an
agreement with HPF Associates, Inc. in an amount not to exceed $110,250 to provide
Owner's Representative services for the mezzanine level deck replacement project.
ARPA funds shall be used to fund this project.
BACKGROUND
HPF Associates, Inc. has been assisting the City on the Mezzanine Level Deck
Replacement project for the past several months. The staff recommends retaining HPF
as an Owner's Representative with the sole purpose of achieving the City's goals and
objectives, and provide the following duties: Preparation of Construction Documents;
Contract Administration; On-Site Representation; Cost and Schedule Control;
Construction Quality Control and Inspection; Permitting; and Project Close-out.
CITY OF AVENTURA RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, RATIFYING AN AGREEMENT WITH HPF
ASSOCIATES, INC. FOR SERVICES RELATED TO THE
REPLACEMENT OF THE MEZZANINE DECK AT THE GOVERNMENT
CENTER; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the mezzanine level deck at the Government Center has been facing
ongoing water instruction, making some Police Department spaces uninhabitable; and
WHEREAS, HPF Associates, Inc. ("HPF") has been assisting the City with the
mezzanine level deck placement project for the past several months, essentially
functioning as the Owner's Representative for this project; and
WHEREAS, if the City were to solicit bids for Owner's Representative services for
this project, the contract might not be awarded until after January 1, 2025, resulting in a
loss of ARPA funding; and
WHEREAS, HPF is familiar with the project, possesses the necessary expertise
and will protect the City's interests and goals as the Owner's Representative for the
replacement of the mezzanine deck at Government Center; and
WHEREAS, in accordance with City Charter Section 3.10 and City Code Section
2-256, the City Commission finds that it is impracticable to award the agreement by first
seeking competitive bids or proposals, thus enabling the City Commission to waive the
formal competitive bidding for this construction project and enter into an agreement with
HPF; and
WHEREAS, given the ongoing water intrusion into offices located in the building,
constituting a potential safety hazard, the City Commission authorized the City Manager
at the September 19t"Workshop meeting to take the essential steps of securing a contract
with HPF as the Owner's Representative; and
WHEREAS, the City Commission now finds that it is in the best interest and welfare
of the residents to ratify the agreement with HPF to be retained for this project.
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. Ratification. That the City Commission hereby ratifies the actions
City of Aventura Resolution No. 2024-
taken by the City Manager to enter into an agreement with HPF for this project, a copy of
the agreement which is attached hereto as Exhibit "A".
Section 3. Implementation. That the City Manager is authorized to do all other
things necessary to implement the aims of 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 1st 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 2 of 2
OWNER'S REPRESENTATIVE SERVICES AGREEMENT
BETWEEN
THE CITY OF AVENTURA AND
HPF ASSOCIATES,INC.
THIS AGREEMENT (this"Agreement")is made effective as of the 1st day of October,
2024 (the "Effective Date"), by and between the CITY OF AVENTURA, FLORIDA, a Florida
municipal corporation, (the "City"), and HPF ASSOCIATES, INC., a Florida corporation
authorized to transact business in the State of Florida (hereinafter, the"Consultant").
WHEREAS, the City desires certain Continuing Owner's Representative Services; and
WHEREAS, the Consultant will perform Continuing Owner's Representative Services
on behalf of the City (the "Services"); and
WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a
fee for the Services; and
WHEREAS, the City desires to engage the Consultant to perform the Services and
provide the deliverables as specified below.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein,the Consultant and the City agree as follows:
1. Scone of Services.
1.1. The Consultant shall furnish the Services and provide deliverables for various project
aspects for the City,as requested by the City and detailed in a"Statement of Work"which
the City will provide the Contractor when engaging the Contractor to work on a specific
Proj ect.
1.2. The Consultant shall have responsibility for:
a. Providing advice and consultation with respect to design,value engineering,scope
of the work, cost estimating, general contractor and subcontractor
prequalification, scheduling, and construction;
b. Selection, negotiation with, and oversight of a designer and a general contractor;
C. Ensuring the preparation of estimates, budgets, and schedules which shall serve
as control standards for monitoring performance of the project; and
d. Providing administration of all contracts for construction in accordance with the
with the terms and conditions (including all general conditions) of those contracts
and all plans, specifications, drawings, addenda, modifications and other
documents identified in or incorporated by reference in such contracts.
1.3. Prior to commencement of work on a specific Project, the Consultant will provide the
City with a lump sum or an hourly not to exceed cost set forth in the Work Authorization
calculated using the rates set forth on the Fee Schedule attached hereto as Exhibit"A".
Page 1 of 14
1.4. If the City approves the lump sum or hourly not to exceed cost for the Project, the City
will provide the Consultant with a Notice to Proceed to perform the Services set forth in
the Statement of Work. Consultant acknowledges that it shall not undertake to perform
any Services on any Project until it has received from the City the Notice to Proceed on
such Project.
1.5. Consultant shall furnish all reports,documents, and information obtained pursuant to this
Agreement, and recommendations during the term of this Agreement (hereinafter
"Deliverables")to the City.
2. Term/Commencement Date.
2.1. The term of this Agreement shall be from the Effective Date through 3 year thereafter,
unless earlier terminated in accordance with Paragraph 8. Additionally, the City
Manager may renew this Agreement for 2 additional 1-year periods on the same terms
as set forth herein upon written notice to the Consultant.
2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services
within terms of this Agreement, unless extended by the City Manager.
3. Comnensation and Payment.
3.1. Compensation for Services provided by Consultant shall be in accordance with the
approved cost set forth in the Statement of Work or the Notice to Proceed for such Project,
which shall be based on the Fee Schedule attached hereto asExhibit"A".
3.2. During each Project, Consultant shall deliver an invoice to City no more often than once
per month detailing Services completed and the amount due to Consultant under this
Agreement. Fees shall be paid in arrears each month, pursuant to Consultant's invoice,
which shall be based upon the percent complete if lump sum or on a time and materials
basis if, depending on the Fee type for each task invoiced. The City shall pay the
Consultant in accordance with the Florida Prompt Payment Act after approval and
acceptance of the Services by the City Manager.
3.1. There will not be any fees charged to City by Consultant for travel, per diem, or
subsistence expenses, or travel time,unless specifically authorized in writing in advance
by City.
3.2. All required copies of documents will be furnished to City at no additional cost.
3.3. Consultant's invoices must contain the following information for prompt payment:
a. Name and address of the Consultant;
b. Purchase Order number;
C. Contract number;
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d. Date of invoice;
e. Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers
will be rejected);
f. Name and type of Services;
g. Timeframe covered by the invoice; and
h. Total value of invoice.
Failure to include the above information will result in the delay of payment or rejection
of the invoice.
4. Sub-Consultants.
4.1. The Consultant shall be responsible for all payments to any sub-Consultants and shall
maintain responsibility for all work related to the Services.
4.2. Consultant may only utilize the services of a particular sub-Consultant with the prior
written approval of the City Manager, which approval may be granted or withheld in
the City Manager's sole and absolute discretion.
5. City's Responsibilities.
5.1. City shall make available any maps, plans, existing studies, reports, staff and
representatives, and other data pertinent to the Services and in possession of the City,
and provide criteria requested by Consultant to assist Consultant in performing the
Services.
5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to
public information that may be required for Consultant to perform the Services.
6. Consultant's Responsibilities: Representations and Warranties.
6.1. The Consultant shall exercise the same degree of care, skill and diligence in the
performance of the Services as is ordinarily provided by a Consultant under similar
circumstances. If at any time during the term of this Agreement or within two (2)years
from the completion of this Agreement, it is determined that the Consultant's
Deliverables or Services are incorrect, not properly rendered, defective, or fail to
conform to City requests, the Consultant shall at Consultant's sole expense,
immediately correct its Deliverables or Services.
6.2. The Consultant hereby warrants and represents that at all times during the term of this
Agreement it shall maintain in good standing all required licenses, certifications and
permits required under Federal,State and local laws applicable to and necessary to perform
the Services for City as an independent Consultant of the City.Consultant further warrants
and represents that it has the required knowledge, expertise, and experience to perform
the Services and carry out its obligations under this Agreement in a professional and
first- class manner.
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6.3. The Consultant represents that is an entity validly existing and in good standing under
the laws of Florida. The execution, delivery and performance of this Agreement by
Consultant have been duly authorized,and this Agreement is binding on Consultant and
enforceable against Consultant in accordance with its terms. No consent of any other
person or entity to such execution, delivery and performance is required.
7. Conflict of Interest.
7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the
term of this Agreement, provide any consulting services to any private sector entities
(developers, corporations, real estate investors, etc.), with any current, or foreseeable,
adversarial issues in the City.
8. Termination.
8.1. The City Manager,without cause,may terminate this Agreement upon five(5)calendar
days' written notice to the Consultant, or immediately with cause.
8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately
stop work on the project unless directed otherwise by the City Manager.
8.3. In the event of termination by the City,the Consultant shall be paid for all work accepted
by the City Manager up to the date of termination,provided that the Consultant has first
complied with the provisions of Paragraph 8.4.
8.4. The Consultant shall transfer all books, records, reports, working drafts, documents,
maps, and data pertaining to the Services and the project to the City,in a hard copy and
electronic format within fourteen (14) days from the date of the written notice of
termination or the date of expiration of this Agreement.
8.5. The Consultant shall have the right to terminate this Agreement for cause upon seven
(7) calendar days' written notice to the City, and Consultant shall be paid all sums due
under this Agreement up to the date of termination.
9. Insurance.
9.1. Consultant shall secure and maintain throughout the duration of this agreement
insurance of such types and in such amounts not less than those specified below as
satisfactory to City, naming the City as an Additional Insured, underwritten by a firm
rated A-X or better by A.M. Best and qualified to do business in the State of Florida.
The insurance coverage shall be primary insurance with respect to the City,its officials,
employees, agents,and volunteers naming the City as additional insured.Any insurance
maintained by the City shall be in excess of the Consultant's insurance and shall not
contribute to the Consultant's insurance. The insurance coverages shall include at a
minimum the amounts set forth in this section and may be increased by the City as it
Page 4 of 14
deems necessary or prudent.
a. Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property
under the care, custody and control of Consultant. The General Aggregate
Liability limit and the Products/Completed Operations Liability Aggregate limit
shall be in the amount of$2,000,000 each.
b. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State and Federal laws.
The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, sub-consultant or agent of the
Consultant shall be allowed to provide Services pursuant to this Agreement who
is not covered by Worker's Compensation insurance.
c. Business Automobile Liability with minimum limits of $1,000,000 per
occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements,
as filed by the Insurance Service Office, and must include Owned, Hired, and
Non-Owned Vehicles.
d. Professional Liability Insurance in an amount of not less than One Million
Dollars ($1,000,000.00)per occurrence, single limit.
9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City,
reflecting the City as an Additional Insured (except with respect to Professional
Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by City and
prior to commencing Services.Each certificate shall include no less than(30)thirty-day
advance written notice to City prior to cancellation, termination, or material alteration
of said policies or insurance. The Consultant shall be responsible for assuring that the
insurance certificates required by this Section remain in full force and effect for the
duration of this Agreement, including any extensions or renewals that may be granted
by the City. The Certificates of Insurance shall not only name the types of policy(ies)
provided, but also shall refer specifically to this Agreement and shall state that such
insurance is as required by this Agreement. The City reserves the right to inspect and
return a certified copy of such policies, upon written request by the City. If a policy is
due to expire prior to the completion of the Services,renewal Certificates of Insurance
shall be furnished thirty (30) calendar days prior to the date of their policy expiration.
Each policy certificate shall be endorsed with a provision that not less than thirty (30)
calendar days' written notice shall be provided to the City before any policy or coverage
is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the
City.
Page 5 of 14
9.3. Additional Insured. Except with respect to Professional Liability Insurance and
Worker's Compensation Insurance, the City is to be specifically included as an
Additional Insured for the liability of the City resulting from Services performed by or
on behalf of the Consultant in performance of this Agreement. The Consultant's
insurance, including that applicable to the City as an Additional Insured, shall apply on
a primary basis and any other insurance maintained by the City shall be in excess of and
shall not contribute to the Consultant's insurance. The Consultant's insurance shall
contain a severability of interest provision providing that, except with respect to the
total limits of liability, the insurance shall apply to each Insured or Additional Insured
(for applicable policies) in the same manner as if separate policies had been issued to
each.
9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be
reasonably approved by the City. The Consultant shall be responsible for the payment
of any deductible or self-insured retentions in the event of any claim.
9.5. The provisions of this section shall survive termination of this Agreement.
10.Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate
against any of its employees or applicants for employment because of their race, color,
religion, sex, or national origin, and will abide by all Federal and State laws regarding
nondiscrimination.
11. Attorney's Fees and Waiver of Jury Trial.
11.1. In the event of any litigation arising out of this Agreement, the prevailing party
shall be entitled to recover its attorneys' fees and costs,including the fees and expenses
of any paralegals, law clerks and legal assistants, and including fees and expenses
charged for representation at both the trial and appellate levels.
11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS
AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY,
VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY
JURY.
12. Indemnification.
12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and
employees,from and against demands, claims, losses, suits,liabilities,causes of action,
judgment or damages, to the extent caused by the negligence or intentional wrongful
conduct of the Consultant and persons employed or utilized by the Consultant in the
performance of this Agreement. Consultant shall reimburse the City for its expenses
including reasonable attorneys' fees and costs incurred arising from Consultant's
negligent act or performance or non-performance of this Agreement.
Page 6 of 14
12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the
City nor shall anything included herein be construed as consent to be sued by third
parties in any matter arising out of this Agreement or any other contract. The City is
subject to section 768.28, Florida Statutes, as may be amended from time to time.
12.3. The provisions of this section shall survive termination of this Agreement.
13.Notices/Authorized Representatives. Any notices required by this Agreement shall be in
writing and shall be deemed to have been properly given if transmitted by hand-delivery,by
registered or certified mail with postage prepaid return receipt requested, or by a private
postal service, addressed to the parties (or their successors) at the addresses listed on the
signature page of this Agreement or such other address as the party may have designated by
proper notice.
14. Governing Law and Venue. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Venue for any proceedings arising out of this
Agreement shall be proper exclusively in Miami-Dade County,Florida.
15. Entire Agreement/Modification/Amendment.
15.1. This writing consisting of this Agreement and the supplement supersedes any
prior oral or written representations. No representations were made or relied upon by
either party, other than those that are expressly set forth herein.
15.2. No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement,unless executed with the same formality
as this document.
16. Ownership and Access to Records and Audits.
16.1. Consultant acknowledges that all inventions, innovations, improvements,
developments, methods, designs, analyses, drawings, reports, compiled information,
and all similar or related information (whether patentable or not) which relate to
Services to the City which are conceived, developed or made by Consultant during the
term of this Agreement("Work Product")belong to the City. Consultant shall promptly
disclose such Work Product to the City and perform all actions reasonably requested by
the City (whether during or after the term of this Agreement) to establish and confirm
such ownership (including, without limitation, assignments, powers of attorney and
other instruments).
16.2. Consultant agrees to keep and maintain public records in Consultant's possession
or control in connection with Consultant's performance under this Agreement. The City
Manager or her designee shall, during the term of this Agreement and for a period of
three (3) years from the date of termination of this Agreement, have access to and the
right to examine and audit any records of the Consultant involving transactions related
to this Agreement. Consultant additionally agrees to comply specifically with the
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provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed, except as authorized by law, for the duration of the
Agreement,and following completion of the Agreement until the records are transferred
to the City.
16.3. Upon request from the City's custodian of public records, Consultant shall
provide the City with a copy of the requested records or allow the records to be inspected
or copied within a reasonable time at a cost that does not exceed the cost provided by
Chapter 119, Florida Statutes, or as otherwise provided by law.
16.4. Unless otherwise provided by law, any and all records, including but not limited
to reports,surveys,and other data and documents provided or created in connection with
this Agreement are and shall remain the property of the City.
16.5. Upon completion of this Agreement or in the event of termination by either party,
any and all public records relating to the Agreement in the possession of the Consultant
shall be delivered by the Consultant to the City Manager, at no cost to the City, within
seven (7) days. All such records stored electronically by Consultant shall be delivered
to the City in a format that is compatible with the City's information technology
systems. Once the public records have been delivered upon completion or termination
of this Agreement,the Consultant shall destroy any and all duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements.
16.6. Any compensation due to Consultant shall be withheld until all records are
received as provided herein.
16.7. Consultant's failure or refusal to comply with the provisions of this section shall
result in the immediate termination of this Agreement by the City.
16.8. Notice Pursuant to Section 119.0701(2)(a). Florida Statutes, IF THE
CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS.
Custodian of Records: Ellisa L. Horvath,MMC
Mailing address: 19200 West Country Club Drive
Aventura,FL 33180
Telephone number: 305-466-8901
Email: horvathe(a),citvofaventura.com
17.Nonassignabili . This Agreement shall not be assignable by Consultant unless such
assignment is first approved by the City Manager. The City is relying upon the apparent
qualifications and expertise of the Consultant, and such firm's familiarity with the City's
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area, circumstances and desires.
18. Severability. If any term or provision of this Agreement shall to any extent be held invalid
or unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the
fullest extent permitted by law.
19. Independent Contractor. The Consultant and its employees, volunteers and agents shall
be and remain an independent contractor and not an agent or employee of the City with
respect to all of the acts and services performed by and under the terms of this Agreement.
This Agreement shall not in any way be construed to create a partnership,association or any
other kind of joint undertaking, enterprise or venture between the parties.
20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances,
rules, regulations, and lawful orders of public authorities in carrying out Services under this
Agreement, and in particular shall obtain all required permits from all jurisdictional agencies
to perform the Services under this Agreement at its own expense.
21.Waiver. The failure of either party to this Agreement to object to or to take affirmative
action with respect to any conduct of the other which is in violation of the terms of this
Agreement shall not be construed as a waiver of the violation or breach, or of any future
violation,breach or wrongful conduct.
22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts
beyond the date of the term of the Agreement, shall survive termination of the Agreement,
shall remain in full force and effect unless and until the terms or conditions are completed
and shall be fully enforceable by either party.
23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any
person(s), company, corporation, individual or firm, other than a bona fide employee
working solely for the Consultant, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
24. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida
Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein
by reference, including execution of any required affidavit.
25. Counterparts. This Agreement may be executed in several counterparts, each of which
shall be deemed an original and such counterparts shall constitute one and the same
instrument.
26. Conflicts, In the event of a conflict between the terms of this Agreement and any exhibits
or attachments hereto, the terms of this Agreement shall control.
Page 9 of 14
27. E-Verify Affidavit.In accordance with Section 448.095,Florida Statutes,the City requires
all Consultants doing business with the City to register with and use the E-Verify system to
verify the work authorization status of all newly hired employees. The City will not enter
into a contract unless each party to the contract registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions
on how to provide proof of the contracting entity's participation/enrollment in E-Verify,
please visit: https://www.everify.gov/faq/how-do-i-provide-proof-of-my-
participationenrollment-in-e-verify. By entering into this Agreement, the Consultant
acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-
Verify requirements imposed by Section 448.095,Florida Statutes,including but not limited
to obtaining E-Verify affidavits from sub-consultants; and has executed the required
affidavit attached hereto and incorporated herein.
28. Noncoercive Affidavit.In accordance with Section 787.06,Florida Statutes,the City requires
all vendors executing, renewing or extending a contract with the City to execute the required
City affidavit, attesting that vendor does not use coercion for labor or services.
[Remainder of page intentionally left blank. Signature pages follow.]
Page 10 of 14
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
the day and year as first stated above.
CITY OF AVENTURA
CONSULTANT
By:
Ronald J. Wasson
City Manager By:
Attest: Name:
Title:
By Entity: HPF ASSOCIATES INC.
Ellisa L. Horvath, MMC �'-
City Clerk
Approved as to form and legal sufficiency:
By:
Weiss Serota Helfman Cole & Bierman, P.L.
City Attorney
Addresses for Notice: Addresses for Notice:
City of Aventura HPF ASSOCIATES,INC.
Attn: City Manager Ate:
19200 West Country Club Drive Address:
Aventura, Florida 33180
305-466-8910
rwasson@cityofaventura.com
(telephone)
With a copy to: (email)
Weiss Serota Helfman Cole& Bierman, P.L.
Attn: Robert Meyers With a copy to:
2255 Glades Road, Suite 200E
Boca Raton, Florida 33431
561-835-2111
rmeyers@wsh-law.com
(telephone)
(email)
Page 11 of 14
E-VERIFY AFFIDAVIT
In accordance with Section 448.095,Florida Statutes,the City requires all contractors doing business
with the City to register with and use the E-Verify system to verify the work authorization status of
all newly hired employees. The City will not enter into a contract unless each party to the contract
registers with and uses the E-Verify system.
The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on
how to provide proof of the contracting entity's participation/enrollment in E-Verify, please visit:
https://www.e-veri fy_gov/fag/how-do-i-provi de-proof-of-my_parti cipati onenrollment-in-e-verify
By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida
Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to
obtaining E-Verify affidavits from subcontractors.
❑ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit.
Signature Date
Print Name Title
Page 12 of 14
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES
Nongovernment Entity Name: ("Vendor")
Vendor FEIN:
Address:
City: State: Zip:
Phone Number: Email Address:
As a nongovernmental entity executing,renewing,or extending a contract with the City of Aventura,
Florida,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does
not use coercion for labor or services, and is in compliance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), Florida Statutes, 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, Florida Statutes 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, and is in compliance with Section 787.06, Florida Statutes.
Written Declaration
Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts
stated in it are true.
Signature Date
Print Name Title
Page 13 of 14
EXHIBIT "A"
Fee Schedule
Role Hourly Rate
Admin/Secretary/Clerical $ 70.00
Construction Manager $ 180.00
Contract Manager $ 160.00
Cost Estimator/Scheduler $ 160.00
Principal $ 225.00
Project Manager $ 175.00
Senior Construction Manager $ 200.00
Senior Contract Manager $ 190.00
Senior Cost Estimator/Scheduler $ 190.00
Senior Project Manager $ 200.00
Page 14 of 14
Statement of Work
Government Center Mezzanine Level Deck Replacement Project
The City of Aventura (the "CITY") has engaged HPF Associates, Inc. (the "CONSULTANT")
under the existing Owner's Services Agreement to prepare a scope of work to provide The
CONSULTANT services associated with Mezzanine Level Deck Replacement Project.
A. Scope of Work
The CONSULTANT shall deliver the tasks and services outlined in detail below:
Preconstruction Phase
1. The CONSULTANT shall provide continuous onsite management services, including
being responsible for the coordination of all construction activity, including
recommending various alternative courses of action when construction contractors are
not performing work in accordance with the contract documents. The CONSULTANT
shall conduct weekly onsite coordination meetings and daily quality control.
2. The CONSULTANT shall coordinate with the Contractors for site access control.
3. The CONSULTANT shall conduct a general pre-construction meeting prior to the start
of construction.
4. The CONSULTANT shall represent the CITY in its communications with the
Contractor; schedule, attend, and conduct progress meetings, regular on-site meetings
to review construction progress and pay requests and to provide appropriate
recommendations to the CITY concerning the CITY's decisions on construction matters,
including,where necessary, alternative designs or materials; and coordinate,review and
advise the CITY concerning, change orders, submittals, and requests for information.
5. The CONSULTANT shall:
i. Assist and review the processing of change orders,
ii. Advise CITY concerning the necessity for, scope of and recommended cost of
change orders, and
iii. Negotiate, on CITY's behalf, all change orders with Contractor for CITY
approval. The final Project Budget and/or Project Schedule, as applicable, will
be revised to reflect approved change orders.
6. The CONSULTANT shall review applications for payment by the Contractor, review
and certify certificates for payment and make written recommendations to CITY
concerning payment.
7. The CONSULTANT's certification for payment shall constitute a representation to the
CITY that,to the best of the CONSULTANT's knowledge, information, and belief, the
work has progressed to the point indicated and the quality of the work is in accordance
with the Contract Documents. The issuance of a certificate for payment shall further
Page 1 of 4
constitute a representation that the Contractor is entitled to payment in the amount
certified.
8. The CONSULTANT shall direct prime Contractor(s) (and others,where appropriate)to
prepare and update a critical path schedule for completion of the applicable work. In the
event of delays impacting the critical path schedule, The CONSULTANT shall make
recommendations to CITY for corrective action by Contractor and review Contractor's
recommendations for corrective action.
9. The CONSULTANT shall coordinate Design Consultant review and approval of shop
drawings, product data and other submittals by a Contractor.
10. In conjunction with the Contractor who has prime contractual responsibility, the
CONSULTANT shall additionally review and advise the CITY concerning the adequacy
of the Contractor's personnel and equipment, and the availability of materials and
supplies to meet the Contractor's schedules in relation to the Project Schedule.
11. The CONSULTANT shall enforce each Contractor's contract to maintain a daily log
containing the number of workers, equipment, work accomplished, daily weather,
problems encountered and other relevant data as the CITY may require. Although The
CONSULTANT shall not guarantee the performance by Contractor, The
CONSULTANT shall recommend courses of action to the CITY when CITY or The
CONSULTANT becomes aware that requirements of any Project construction contract
are not being fulfilled, or when Contractor falls behind in its schedule; shall
communicate recommendations, as directed by the CITY,to Contractor on behalf of the
CITY; shall monitor Contractor's performance of such recommendations; and shall
report Contractor's progress to the CITY on at least a monthly basis.
12. The CONSULTANT shall notify CITY in writing, with photos and supporting
documentation, if The CONSULTANT becomes aware that the work of Contractor is
not being performed in accordance with the requirements of the Contract Documents.
As appropriate, The CONSULTANT shall, with written authorization from the CITY,
require additional inspection or testing of the work in accordance with the provisions of
the Contract Documents, whether or not such work is covered, installed or completed.
The CONSULTANT shall review any and all test reports and notify the CITY, the
Design Consultant and the Contractor, as appropriate, of deficiencies in the work of
which The CONSULTANT becomes aware and shall advise the CITY of projected
consequences of such default and shall make recommendations to CITY with respect
thereto. With the written authorization of CITY, The CONSULTANT shall reject work
which does not conform to the requirements of the applicable Contract Documents.
13. The CONSULTANT shall advise the CITY concerning the procurement of materials by
Contractor regarding budget and schedule implications.
14. The CONSULTANT shall attend on-site review of each Project to confirm substantial
and final completion of the construction of the Project, and notify CITY when the
Page 2 of 4
CONSULTANT believes the work under a Project construction contract is substantially
complete and that a punch-list should be prepared.
15. The CONSULTANT shall coordinate with the Design Consultant in its review of the
work to enable the Design Consultant to determine the date of substantial completion.
At the substantial completion by Contractor of the work, CITY's Representative shall
monitor the Design Consultant in its inspection of the work and preparation of a detailed
"punch-list" specifying any items which require completion, installation, correction or
repair. The CONSULTANT will consult with CITY and/or Design Consultants in
connection with recommendations for the rejection and replacement of all
nonconforming work, as appropriate.
16. The CONSULTANT shall obtain from Contractor record drawings or, if required by the
applicable Project construction contract, "as-built" drawings, as construction completes.
17. The CONSULTANT shall monitor and observe the testing, and review test reports; as
applicable.
18. The CONSULTANT shall complete the final close-out of each Project by:
i. Obtaining, or causing the Contractor to obtain, all government approvals
required for the legal use and occupancy of the Project,
ii. Obtaining all warranties, guarantees, bonds, insurance certificates, installation
manuals, and other items required pursuant to the Project construction contracts,
iii. Obtaining all affidavits, waivers, and releases the Contractors are required to
provide pursuant to the Project construction contracts to achieve final completion
of the Project,
iv. Analyzing all claims (including change order disputes and other claims for extra
compensation) asserted by the Contractors and the Design Consultants,
V. Collecting and/or otherwise resolving any and all back charge claims that CITY
may assert against any Design Consultant or Contractors, including assistance
with any legal proceedings instituted by CITY and/or any Design Consultant or
Contractor, and/or
vi. Representing CITY at meetings and/or inspections scheduled by CITY and held
to resolve problems relating to design, physical condition or operation of the
Project to seek enforcement of warranties.
19. While performing the Work,the CONSULTANT shall promptly inform the CITY if the
CONSULTANT becomes aware of any security concerns and/or unsafe conditions.
B. Schedule
The work performed under this SOW will commence on the effective date of signature, or later
pursuant to an executed Purchase Order (PO) or if mutually agreed between the Parties in
writing, and will conclude as prescribed in this SOW.
The construction phase duration is anticipated to last six (6)months including project closeout.
Page 3 of 4
C. Fee
The CONSULTANT shall deliver the tasks and services outlined in Tasks 1 through 19 for a
fee in an amount not to exceed $110,200. Payment for services shall be in accordance with
Article 3 of the Agreement.
D. Signatures
CITY OF AVENTURA
Ronald. J. Wasson, City Manager Date
CONSULTANT
Signature Date
Name Title
Page 4 of 4
H P F Associates,Inc. Staff Hour Estimate
Government Center Mezzanine Level Deck Replacement Project
Government Center Mezzanine Level
Project Name: Deck Replacement Project Principal Sr.Construction Manager Construction Manager Cost Estimator/Scheduler Admin Labor Fee
Consultant:HPF Associates,Inc. $ 225.00 $ 200.00 $ 180.00 $ 160.00 $ 70.00
ACTIVITY Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee
Task 1 Construction Documents
1.1 Construction Document Preparation 24 $5,400 32 S63400 50 $9,000 64 $10,240 24 $1,680 194 $32,720
Total Task 1 24 $5,400 32 S6,400 50 $9,000 64 $10,240 24 $1,680 194 $32,720
Task 2 Construction Administration
2.1 Construction Administration 28 $6,300 42 $83400 300 $54,000 40 $6,400 34 $2,380 444 $77,480
Total Task 2 28 $6,300 42 $8,400 300 $54,000 40 $6,400 34 $2,380 444 $77,480
Total $11,700 1 $14,800 1 $63,000 1 $16,640 1 $4,060 1 $110,200
CITY OF "ENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY: Jake Ozyman, PE, Public Works & Transportation Director 90
611
DATE: September 27, 2024
SUBJECT: Approval of RFQT 24-005 On-Call Electrical Repair and Maintenance
Services
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission authorize the City Manager to enter into an
agreement with Tapia Luis M Service Corp. dba L&M Electrical Contractors, IAM Electric,
Inc., and Phase 2 Electric, LLC dba Wesworth Electric.
BACKGROUND
The City of Aventura (the "City") issued a Request for Quotation RFQT-24-005 On-Call
Electrical Repair and Maintenance Services on August 6, 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 electrical services.
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.
Four (4) proposals were received from the following firms listed in alphabetical order:
Name: Bid Amount
1- IAM Electric, Inc. $30,925.00
2- High Power Electric, Inc. $57,937.50
3- Phase 2 Electric, LLC dba Wesworth Electric $33,555.00
4- Tapia Luis M Service Corp. dba L&M Electrical Contractors $30,175.00
Staff has reviewed all bids and has determined that it is in the City's best interest to award
this bid to the top three (3) lowest responsive and responsible proposers.
1. Tapia Luis M Service Corp. dba L&M Electrical Contractors
2. IAM Electric, Inc.
3. Phase 2 Electric, LLC dba Wesworth Electric
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 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 A CONTRACT TO TAPIA LUIS M
SERVICE CORP. DBA L&M ELECTRICAL CONTRACTORS, IAM
ELECTRIC, INC., AND PHASE 2 ELECTRIC, LLC DBA WESWORTH
ELECTRIC FOR ON-CALL ELECTRICAL REPAIR AND MAINTENANCE
SERVICES; 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 On-Call Electrical Repair and Maintenance Services ("Services"); and
WHEREAS, staff received bids from four companies and has determined that
Tapia Luis M Service Corp. d/b/a L&M Electrical Contractors ("L&M Electrical"), IAM
Electric, Inc., ("IAM Electric") and Phase 2 Electric, LLC d/b/a Wesworth Electric
("Wesworth Electric") submitted the lowest and responsive bids for the Services; and
WHEREAS, the City Commission, upon the recommendation of the City Manager,
is therefore desirous of awarding said contract to L&M Electrical, IAM Electric and
Wesworth Electric as the lowest responsible and responsive bidders.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1. That contracts for the On-Call Electrical Repair and Maintenance
Services are hereby awarded to L&M Electrical , IAM Electric and Wesworth Electric.
Section 2. That the City Manager is hereby authorized to execute contracts
with L&M Electrical , IAM Electric, and Wesworth Electric.
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 this
contract.
Section 4. 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 1st 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 2 of 2
BidTabulation
RFQT 24-005 On-Call Electrical Repair and Maintenance Services
TAPIA LUIS M SERVICE PHASE 2 ELECTRIC, LLC
PROPOSER: CORP.dba L&M IAM ELECTRIC, INC. dba WESWORTH HIGH POWER ELECTRIC,
ELECTRICAL ELECTRIC LLC
CONTRACTORS
Years of Experience: 20 5 14 5
No. Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total
1 Standard Hourly Labor Rate for Hourly 200 $ 64.50 $ 12,900.00 $ 80.00 $ 16,000.00 $ 68.00 $ 13,600.00 $ 125.00 $ 25,000.00
Journeyman Electrician
2 Standard Hourly Labor Rate for Hourly 100 $ 32.00 $ 3,200.00 $ 28.00 $ 2,800.00 $ 53.00 $ 5,300.00 $ 95.00 $ 9,500.00
Apprentice/Helper
3 Non-Standard Hourly Labor Rate for Hourly 50 $ 94.50 $ 4,725.00 $ 65.00 $ 3,250.00 $ 98.00 $ 4,900.00 $ 187.50 $ 9,375.00
Journe man Electrician
4 Non-Standard Hourly Labor Rate for Hourly 25 $ 62.00 $ 1,550.00 $ 35.00 $ 875.00 $ 83.00 $ 2,075.00 $ 142.50 $ 3,562.50
Apprentice/Helper
5 Bucket Truck Hourly 20 $ 115.00 $ 2,300.00 $ 100.00 $ 2,000.00 $ 99.00 $ 1,980.00 $ 250.00 $ 5,000.00
Percentage(%) Markup Over Cost for
OEM Parts,Approved
6 Substitutions and Other Materials % 1 10% $ 5,500.00 20% $ 6,000.00 14% $ 5,700.00 10% $ 5,500.00
(Calculate Markup amount based
on$5 000
Total: $ 30,175.00 1 $ 30,925.00 $ 33,555.00 $ 57,937.50
CITY OF "ENTURA
OFFICE OF CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager �` Y
BY- Robert Meyers, City Attorney ` �-
DATE- September 27, 2024
SUBJECT: Ordinance Creating Code Section 2-261 to Prohibit Contracting with
Parties that Boycott Israel and to Require Certification for Proposers
and Contractors
October 1, 2024 City Commission Meeting Agenda (First Reading)
October 17, 2024 City Commission Special Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance prohibiting
firms that boycott Israel from contracting with the City of Aventura that appear on the
Scrutinized Companies Boycott Israel List or are otherwise participating in a boycott of
Israel.
BACKGROUND
Over the last decade or so, thirty-eight (38) states have adopted anti-BIDS laws or
executive orders to prohibit firms that support the boycott, divestment or sanction
movement against the State of Israel from entering into contracts with government entities
within the jurisdiction of these states. In July 2024, federal legislation was introduced
entitled "Countering Hate Against Israel by Federal Contracting Act" with the purpose of
barring firms boycotting Israel from contracting with federal agencies. Section 287.135,
Florida Statutes, prohibits state and local governmental entities from contracting with
companies that are on the Scrutinized Companies List or are engaged in the boycott of
Israel.
The attached code amendment will incorporate state law into the City Code of Ordinances
and will also establish certification procedures for any firm wishing to do business with
the City to attest to the fact the contractor is not engaged in the boycott of Israel at the
bid submission stage, the contract award stage and during the duration of the contract.
This Ordinance has no impact on the City's budget.
1
CITY OF AVENTURA ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 2, "ADMINISTRATION," OF THE CITY OF AVENTURA CODE
OF ORDINANCES TO CREATE SECTION 2-261, "PROHIBITION
AGAINST CONTRACTING WITH PARTIES THAT BOYCOTT ISRAEL,"
TO ESTABLISH CONTRACT PROCEDURES FOR ALL CITY
CONTRACTS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 287.135, Florida Statutes, prohibits state and local
governmental entities from contracting with companies that are on the Scrutinized
Companies that Boycott Israel List or are engaged in a boycott of the State of Israel; and
WHEREAS, the City of Aventura (the "City") desires to amend its Code of
Ordinances to establish contract procedures that align with Florida's public policy; and
WHEREAS, the City of Aventura desires to establish regulations relating to
companies that support the boycott, divestment, and sanction movement against the
State of Israel; and
WHEREAS, the City Commission has determined that this Ordinance in the best
interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. The Code of Ordinances, City of Aventura,
Florida, is hereby amended by adding a section, to be numbered 2-261 which section
reads as follows':
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2024-
Chapter 2 —Administration
Section 2-261. — Prohibition Against Contracting with Parties that Boycott Israel.
(a) The provisions of Section 287.135, Florida Statutes. "Prohibition against
contracting with scrutinized companies." as it currently exists or as it may be
amended, are hereby adopted and incorporated by reference into this ordinance.
(b) The City shall not enter into or renew any contract for goods or services with
companies that are on the Scrutinized Companies that Boycott Israel List, as
established under state law, or with companies engaged in a boycott of Israel. The
prohibitions shall apply to all contracts regardless of the value of the goods or
services provided, in accordance with Section 287.135, Florida Statutes.
(c) Any company submitting a bid, proposal, or entering into a contract with the City
must certify that it is not on the Scrutinized Companies that Boycott Israel List and
that it is not engaged in a boycott of Israel, as required under Section 287.135(5).
Florida Statutes, and will not engage in a boycott of Israel for the duration of the
contract.
(d) If the City determines that a company has submitted a false certification or has
been placed on the Scrutinized Companies that Boycott Israel List during the term
of the contract, the City shall terminate the contract, consistent with the provisions
of Section 287.135(5), Florida Statutes.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
Page 2 of 4
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2024-
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. Effective Date. 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. 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
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
Page 3 of 4
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
City of Aventura Ordinance No. 2024-
PASSED on first reading this 1st day of October, 2024.
PASSED AND ADOPTED on second reading this 17t" 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
WEIS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 4 of 4
Underlined provisions constitute proposed additions to existing text. Remaining provisions are now in
effect and remain unchanged.
CITY OF "ENTURA
OFFICE OF CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager (9L
BY- Robert Meyers, City Attorney '
DATE: September 24, 2024
SUBJECT: Resolution Supporting Peace and Security for Israelis and
Palestinians; Supporting the Indictment, Capture and Prosecution of
Hamas Leadership
October 1, 2024 Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution reinforcing its
support for peace and security for Israelis and Palestinians and supporting the action of
the U.S. Attorney General to indict, capture and prosecute Hamas leadership for
orchestrating years of terrorist attacks in Israel and for the brutal murders of American
citizens.
BACKGROUND
The Hamas terrorist organization launched a ruthless, highly organized and
unprecedented attack upon Israel in the early morning hours of October 7, 2023, which
amounted to the deadliest day worldwide for the Jewish community since the Holocaust,
killing innocent civilians, including Americans, and took hostages, many of whom were
women, children, elderly and the infirmed. As result of the atrocities committed by Hamas
on October 7th, the federal government and numerous state and local government across
the United States condemned this massacre, provided resources directly and indirectly
to defeat Hamas, and expressed its unwavering support for Israel to eliminate Hamas
and demanded the release of the civilian hostages.
In late August 2024, six more hostages were executed by Hamas, including an Israeli-
American, heightening the urgency to free the remaining 100+ hostages still held captive
by Hamas. Shortly thereafter, the U.S. Department of Justice charged Hamas leadership
with murder and conspiracy to murder U.S. citizens and pledged to target every aspect
of Hamas' operations. As the first anniversary of Hamas' massacre approaches, this
Resolution reaffirms the City's unwavering commitment to Israel to eliminate Hamas as a
1
threat to Israel (and the rest of the world), reasserts prioritizing the release of the hostages
as a humanitarian imperative and expresses its support for actions taken by the
Department of Justice to indict, prosecute and capture Hamas leadership.
This Resolution has no 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; SUPPORTING PEACE AND SECURITY FOR
ISRAELIS AND PALESTINIANS; SUPPORTING THE INDICTMENT,
CAPTURE AND PROSECUTION OF HAMAS LEADERSHIP; AND
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Hamas was founded with the stated goal of destroying the State of
Israel and has been designated by the United States as a Foreign Terrorist
Organization; and
WHEREAS, the Hamas terrorist organization launched a brutal, highly organized,
and unprecedented attack upon Israel and its citizens in the early morning hours of
October 7, 2023, making it the deadliest day worldwide for the Jewish community since
the Holocaust; and
WHEREAS, in its attack, Hamas killed thousands of innocent civilians, including
more than 40 Americans, and took hundreds of Israeli children, women, elderly, and
infirm civilians hostage; and
WHEREAS, the brutal execution of six hostages by Hamas in late August 2024,
one of whom was an Israeli-American, has heightened the urgency to free the 100+
hostages still held captive by Hamas, including eight American citizens, and should be
prioritized as a worldwide humanitarian imperative; and
WHEREAS, on September 3, 2024, the U.S. Department of Justice charged the
leader of Hamas and five other senior members of the group, with orchestrating years
of terrorist attacks in Israel. According to U.S Attorney General Merrick Garland: "We
are investigating Hersch's (the American hostage killed in late August) murder and each
and every one of Hamas' brutal murders of Americans as an act of terrorism. The
charges unsealed on September 3rd are just one part of our effort to target every aspect
of Hamas' operations. This action will not be our last." and
WHEREAS, while acknowledging the challenges of capturing these leaders, the
U.S. Department of Justice has brought forward charges that include conspiracy to
murder U.S. citizens and support terrorism, underscoring Hamas' long-standing objective
to destroy Israel and retaliate against the United States for its support of Israel; and
WHEREAS, Hamas continues to purposefully locate key elements of its terrorist
infrastructure and operate from within civilian population centers, including schools,
hospitals, and UN facilities, in order to use civilians as human shields and maximize
casualties among Palestinians; and
City of Aventura Resolution No. 2024-
WHEREAS, the City previously expressed its solidarity and unwavering support
for the State of Israel through its passage of Resolution No. 2023-56; and
WHEREAS, Israel stands as a mirror image of American Democracy in the Middle
East, that reflects shared values and mutual interests, underscoring the importance of
supporting its sovereignty and security; and
WHEREAS, Hamas leaders have openly stated their intent to repeat similar
attacks until the State of Israel is "annihilated" Hamas, Iran, and all Iranian terror proxies
not only call for the elimination of Israel, but also the United States. This heinous war
has been waged not only against Israel, but also America and all who adhere to
democratic values.
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. Support. That the City Commission recognizes that the Hamas
terrorist organization must be defeated in order for there to be peace and security for
Israelis and Palestinians; commends the extraordinary measures Israel has taken to
minimize casualties among innocent Palestinians in Gaza; expresses its support for
actions of the U.S. Department of Justice to indict, prosecute and capture Hamas
leaders and supports Israel's right to pursue without interference or condemnation the
elimination of Hamas until Hamas is permanently eradicated and the hostages are
released immediately and returned home safely.
Section 3. Effective Date. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Commissioner who moved its
adoption. The motion was seconded by Commissioner and upon being put to
a vote, the vote was as follows:
Commissioner Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Paul A. Kruss
Vice Mayor Dr. Linda Marks
Mayor Howard S. Weinberg
Page 2 of 3
City of Aventura Resolution No. 2024-
PASSED AND ADOPTED this 1st 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
BY: Keven R. Klopp, Community Development Director Ai6k
DATE: September 27, 2024
SUBJECT: Intersection Safety Program Annual Report
October 1, 2024 City Commission Meeting Agenda
RECOMMENDATION
It is recommended that the City Commission accept by voice vote on the record the 2023-
2024 Intersection Safety Program Annual Report attached as Exhibit 1 as required by
Section 316.0083(4)(a) of Florida Statutes.
BACKGROUND
The statute, as amended in 2024, specifically states that the report may not be considered
as part of the consent agenda. The statute requires a summary to be read aloud and
approved by the elected body.
The summary must identify the number of notices of violations issued; the number that
were contested; the number that were upheld; the number dismissed, the number issued
as uniform traffic citations; the number paid; and how the funds were distributed and in
what amount.
EXHIBIT 1
2023-2024 Intersection Safety Program Annual Report Summary
72,473 Violations Issued
42,786 Violations Paid
22,933 Violations Issued as Uniform Traffic Citations
627 Violations Contested
412 Violations Upheld
120 Violations Dismissed
95 Violations Pending Final Outcome
47.5% of the ticket revenue, or $3,198,225, was distributed to the City's General Fund
52.5% of the ticket revenue, or $3,539,369, was distributed to the State of Florida
Department of Revenue
The State then divides those funds among their General Revenue Fund, their Department
of Health's Emergency Medical Trust Fund, and their Trust Fund for the Miami Project to
Cure Paralysis.
Interested members of the public may comment regarding this report under the public
comments section of tonight's agenda.
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