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Home My WebLink About07-07-2026 City Commission Regular Meeting AgendaCITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 ..... � ice.. ct CITY COMMISSION REGULAR MEETING AGENDA July 7, 2026 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Vice Mayor Clifford B. Ain Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Paul A. Kruss Commissioner Cindy Orlinsky City Manager Bryan Pegues City Clerk Ellisa L. Horvath, MMC City Attorney Robert Meyers Aventura City Commission Regular Meeting Agenda July 7, 2026 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. COMMISSION REPORTS 5. SPECIAL PRESENTATIONS: • Proclamations • Special Recognitions • Employee Service Awards 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • June 2, 2026 City Commission Regular Meeting • June 18, 2026 City Commission Regular Workshop B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDITIONAL ONE-YEAR EXTENSION OF THE CITY'S CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES WITH DEBRIS TECH, LLC; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDITIONAL ONE-YEAR EXTENSION OF THE CITY'S CONTRACT FOR DISASTER RECOVERY SERVICES WITH CROWDERGULF; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE WATERSHED PLANNING GRANT AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) UNDER THE HAZARD MITIGATION GRANT PROGRAM (HMGP) DR -4673 IAN; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 4 Aventura City Commission Regular Meeting Agenda July 7, 2026 F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE AWARD OF A CONTRACT TO SOUTHERN COMFORT SOLUTIONS FOR THE REPLACEMENT OF THE IT SERVER ROOM HVAC SYSTEM IN AN AMOUNT NOT TO EXCEED $124,920; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK AUTHORIZATION TO GIT CONSULTING, LLC TO PREPARE THE CITY'S WATERSHED MASTER PLAN UNDER THE CITY'S CONTINUING SERVICES CONTRACT PROCURED PURSUANT TO THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT (CCNA); PROVIDING FOR A FEE NOT TO EXCEED $269,266; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE AUDITOR SELECTION COMMITTEE OR ITS DESIGNEE TO NEGOTIATE FOR SAID SERVICES ON BEHALF OF THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, WAIVING THE FORMAL COMPETITIVE BIDDING REQUIREMENTS AND ALLOWING FOR THE AWARD OF A CONTRACT UNDER THE IMPRACTICABILITY JUSTIFICATION PURSUANT TO CITY CODE SECTION 2-253(6); AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $223,675 BY AND BETWEEN THE CITY OF AVENTURA AND A&M INTERIORS AND SERVICES CORPORATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items as indicated on the Commission agenda are zoning hearings and are quasi-judicial in nature. As such, the quasi-judicial procedures of the City shall be invoked for these items. If you wish to object or comment upon these items, please inform the Mayor when public comments are requested. An opportunity for persons to speak on these items will be made available after the applicant and staff have made their presentations on the items. All testimony, including public testimony and evidence, will be made under oath or affirmation for these quasi-judicial items. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. ORDINANCE - SECOND READING: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144(C), "COMMUNITY BUSINESS (B2) DISTRICT", SUBSECTION (2), "CONDITIONAL USE", TO ESTABLISH HOSPITALS AS A CONDITIONAL USE WITHIN THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Agenda July 7, 2026 ORDINANCE - FIRST READING: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES TO CREATE SECTION 31-144(g) "AVENTURA METROPOLITAN URBAN CENTER ZONING DISTRICT OVERLAY", TO PROVIDE FOR A NEW ZONING DISTRICT OVERLAY AND RELATED REGULATIONS AND STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION: C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN GRAPHICS VARIANCE UNDER SECTION 31-191(M)(7) FOR THE AVENTURA CITY CENTER MIXED -USE DEVELOPMENT LOCATED AT 2999 NE 191 ST; PROVIDING FOR IMPLEMENTATION AND PROVIDING AN EFFECTIVE DATE. The Quasi -Judicial procedures of the City shall be invoked for this item. 8. ORDINANCE — SECOND READING/PUBLIC HEARING: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-91 "FEES FOR PERMITS, INSPECTIONS, CERTIFICATES AND RELATED SERVICES" TO AUTHORIZE SUCH FEES TO BE ADJUSTED ANNUALLY BY ADMINISTRATIVE POLICY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2025-07, WHICH ORDINANCE ADOPTED THE AVENTURA CITY OF EXCELLENCE SCHOOL BUDGET FOR FISCAL YEAR 2025/2026 (JULY 1 - JUNE 30) BY REVISING THE 2025/2026 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. C. AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2025-08, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FOR FISCAL YEAR 2025/2026 (JULY 1 - JUNE 30) BY REVISING THE 2025/2026 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE 9. ORDINANCE - FIRST READING/PUBLIC HEARING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY AMENDING SECTION 2-232 "REQUESTS FOR INFORMATION CONCERNING PENDING CHARGES Page 3 of 4 Aventura City Commission Regular Meeting Agenda July 7, 2026 OR LIENS; PREPARATION AND RECORDING OF LIENS AND LIEN SATISFACTIONS" TO INCREASE THE LIEN SEARCH FEE FROM FIFTY DOLLARS ($50.00) TO ONE HUNDRED TWENTY FIVE DOLLARS ($125.00); ALLOWING AN ANNUAL INCREASE IN THE FEE TO BE MADE ADMINISTRATIVELY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTION/PUBLIC INPUT: None. 11. STAFF REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive, Aventura). COMMISSION REGULAR WORKSHOP - JULY 23, 2026 AT 9 AM COMMISSION MEETING (BUDGET REVIEW) - JULY 23, 2026 AT 9 AM COMMISSION REGULAR MEETING - SEPTEMBER 8, 2026 AT 6 PM COMMISSION REGULAR WORKSHOP — SEPTEMBER 24, 2026 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 4 of 4 CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: City Commission FROM: Ellisa L. Horvath, MMC, City Clerk DATE: July 2, 2026 SUBJECT: Approval of Minutes July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held as listed below. BACKGROUND Meetings were held and minutes have been provided for Commission approval for the following: • June 2, 2026 City Commission Regular Meeting • June 18, 2026 City Commission Regular Workshop Should you have any questions, please contact me. /elh attachments AVENTURA CITY COMMISSION REGULAR MEETING MINUTES JUNE 2, 2026 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 6:04 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Commissioner Clifford B. Ain, Commissioner Gustavo Blachman, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Paul A. Kruss, Commissioner Cindy Orlinsky, City Manager Bryan Pegues, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Weinberg. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. COMMISSION REPORTS: The following reports were provided: Commissioner Bloom reported on the upcoming Aventura Police Foundation Golf Tournament scheduled for October 23, 2026. 5. SPECIAL PRESENTATIONS: • Proclamations: None. • Special Recognitions: Members of the Charter Revision Commission were recognized for their work in reviewing the City Charter. A certificate was presented to member Sandra Krumbein who was in attendance. Certificates were presented to Police Detective Sandra Marquez and Detective Kenneth Sealy in recognition of their successful fraud investigations. Steve Silverman, accompanied by Josh Silverman, provided information on Eli's Lasting Impact Foundation and plans to help prevent sudden cardiac arrest in youth through early testing and detection. Aventura City Commission Regular Meeting Minutes June 2, 2026 • Employee Service Awards: None. RECESS AND RECONVENE: A motion to recess the meeting for the Local Planning Agency Meeting was offered by Commissioner Bloom, seconded by Vice Mayor Ain, and passed unanimously by roll call vote. The meeting was recessed at 6:25 p.m. The meeting was reconvened at 6:54, following the Local Planning Agency Meeting, with all those in attendance as previously noted. 6. CONSENT AGENDA: There were no requests from the public to address the City Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Bloom, seconded by Vice Mayor Ain, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: APPROVAL OF MINUTES: • May 5, 2026 City Commission Regular Meeting • May 7, 2026 City Commission Special Workshop • May 21, 2026 City Commission Special Meeting • May 21, 2026 City Commission Regular Workshop B. Resolution No. 2026-36 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A BLANKET PURCHASE AGREEMENT WITH WEEKLEY ASPHALT PAVING, INC. FOR PAVEMENT RESURFACING AND REPAIR SERVICES IN AN AMOUNT NOT TO EXCEED $600,000 BASED UPON BROWARD COUNTY'S CONTRACT NO. PNC2124420B1 IN ACCORDANCE WITH THE CITY'S PROCUREMENT CODE SECTION 2-253(2); PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Meyers reviewed the quasi-judicial procedures for Item 7B and Ms. Horvath administered the oath to all those wishing to offer testimony on the item. The disclosures of ex parte communications provided at the Local Planning Agency Meeting were incorporated into the record by reference. No additional disclosures were provided by members of the City Commission. ORDINANCE — FIRST READING: Ms. Horvath read the following Ordinance title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144(C), "COMMUNITY BUSINESS (B2) DISTRICT", SUBSECTION (2), "CONDITIONAL USE", TO ESTABLISH HOSPITALS AS A CONDITIONAL USE WITHIN Page 2 of 6 Aventura City Commission Regular Meeting Minutes June 2, 2026 THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Ordinance was offered by Commissioner Kruss and seconded by Vice Mayor Ain. Community Development Director Keven Klopp entered the staff report into the record by reference, which recommended approval, as well as the presentation and comments as provided at the Local Planning Agency Meeting. No comments were provided on behalf of the applicant - Michael Marrero, Esq, Bercow, Radell, Fernandez, Larkin & Tapanes (200 S. Biscayne Blvd. Suite 300, Miami, FL, 33131) on behalf of Mount Sinai Medical Center of Florida, Inc., for the development of Mount Sinai Medical Center. 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 to approve the Ordinance on first reading passed unanimously by roll call vote. RESOLUTION: Ms. Horvath read the following Resolution title: B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING CONDITIONAL USE APPROVAL, PURSUANT TO SECTION 31-145(E)4 OF THE CITY CODE OF ORDINANCES: (1) TO PERMIT A DENSITY OF 69 DWELLING UNITS PER ACRE FOR A PROJECT PROVIDING HERO HOUSING UNITS, WHERE THE CITY CODE PERMITS 25; (2) TO PERMIT HEIGHTS UP TO 32 STORIES (367'), WHERE THE CITY CODE PERMITS 10 STORIES (100'); AND (3) TO PERMIT 1,556 PARKING SPACES, WHERE 2,505 SPACES ARE REQUIRED BY THE CITY CODE, FOR THE PROPERTY LOCATED AT 20801-20807 BISCAYNE BOULEVARD; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. The Quasi -Judicial procedures of the City shall be invoked for this item. A motion to approve the Resolution was offered by Commissioner Orlinsky and seconded by Commissioner Blachman. Community Development Director Keven Klopp entered the staff report into the record by reference, which recommended approval, as well as the presentation and comments as provided at the Local Planning Agency Meeting, including the following amended conditions with deleted text shown as strikethrough and added text shown as underlined: Resolution Condition #3b: $2,500,000 at permit issuance of first vertical construction permit for the first residential building Resolution Condition #5: Twenty (20) Hero Housing units, with a mix of 15 two bedroom and 5 one bedroom units, no more than two per floor, non -adjacent units, in the rental Page 3 of 6 Aventura City Commission Regular Meeting Minutes June 2, 2026 building, unless otherwise determined during site plan approval process, with specific units to be identified at that time. Additionally, the location and/or mix of units may be changed from time to time based on need and demand by a mutual agreement between the Applicant and the City Manager, or his or her designee, physical details of which are to be finalized prier to site plan approval and administration of which shall proceed pursuant to a HERO Housing Agreement that shall be executed prior to first permit issuance. An administrative fee of $1,000 per HERO Housing Unit proffered with the request for conditional use approval — in this case $20,000 — was paid pursuant to within 10 days ef-City Commission approval of Resolution 2025-40. Resolution Condition #10: If ever necessary to resolve a chronic back-up of cars on Biscayne Blvd. due to cars stopping at the entrance to the south residential building, the project will post a security guard at the location for the specific purpose of ensuring that cars do not stop/queue at this point but, instead, proceed around the corner -- either to the right to park or to the left to use valet or to drop off/pick up passengers. In the event the project does not provide the security guard determined necessary by the City, or otherwise implement a resolution, the City will provide one and recoup the cost from the rp oject. The following provided comments on behalf of the applicant — Michael Marrero, Esq, Bercow, Radell, Fernandez, Larkin & Tapanes (200 S. Biscayne Blvd. Suite 300, Miami, FL 33131) on behalf of Aventura Opportunity Owner, LLC for the development of a mixed - use development known as Aventura Corporate Center. Mayor Weinberg opened the public hearing. The following members of the public provided comments: Marjorie Rosenblatt (19333 W. Country Club Drive, Aventura). There being no additional speakers, the public hearing was closed. The City Commission discussed the item including the following: the concept of a live/work dynamic in the same area requiring less transportation and decreased parking as a result, and the Live Local Act. The motion to approve the Resolution, with the amended conditions, passed unanimously by roll call vote, thus becoming Resolution No. 2026-37. 8. ORDINANCE — SECOND READING/PUBLIC HEARING: Ms. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-62 "REGISTRATION" OF CHAPTER 14 OF THE CITY'S CODE OF ORDINANCES; TO ELIMINATE THE REQUIREMENT THAT CONTRACTOR REGISTRATION BE DONE IN PERSON; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Ordinance was offered by Commissioner Friedland and seconded by Commissioner Blachman. Mr. Pegues reviewed the item and recommended approval. Page 4 of 6 Aventura City Commission Regular Meeting Minutes June 2, 2026 Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The City Commission provided positive comments. The motion to approve the Ordinance on second reading passed unanimously by roll call vote, thus becoming Ordinance No. 2026-11. 9. ORDINANCE — FIRST READING/PUBLIC HEARING: Ms. Horvath read the following Ordinance title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-91 "FEES FOR PERMITS, INSPECTIONS, CERTIFICATES AND RELATED SERVICES" TO AUTHORIZE SUCH FEES TO BE ADJUSTED ANNUALLY BY ADMINISTRATIVE POLICY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Ordinance was offered by Commissioner Kruss and seconded by Commissioner Friedland. Mr. Pegues reviewed the item and recommended approval. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion to approve the Ordinance on first reading passed unanimously by roll call vote. 10. RESOLUTION/PUBLIC HEARING: Ms. Horvath read the following Resolution title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROVIDED BY THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER; CONSISTING OF PROPOSED CHARTER AMENDMENTS CONCERNING SECTION 2.06 "COMPENSATION; REIMBURSEMENT FOR EXPENSES" AND SECTION 4.11 "INDEPENDENT AUDIT" OF THE CITY CHARTER; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, THE 3RD DAY OF NOVEMBER, 2026 IN CONJUNCTION WITH THE CITY'S SCHEDULED GENERAL ELECTION; PROVIDING FOR NOTICE OF SPECIAL ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the Resolution was offered by Commissioner Orlinsky and seconded by Vice Mayor Ain. Ms. Horvath and Mr. Meyers reviewed the item, which required approval by the City Commission as dictated by the City Charter for submission to the electors. Mr. Meyers Page 5 of 6 Aventura City Commission Regular Meeting Minutes June 2, 2026 reported on the City's ability to educate the public on factual information regarding the ballot questions. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. The City Commission discussed the item pointing out that approval was required by the City Charter without Commission discretion on the amendments recommended by the Charter Revision Commission to be provided on the ballot. The motion to approve the Resolution passed unanimously by roll call vote, thus becoming Resolution No. 2026-38. 11. STAFF REPORTS: No reports were provided. 12. PUBLIC COMMENTS: The following members of the public provided comments: Iris Adivi (Aventura Lakes, Aventura) and Myron Melekson (20250 NE 34 Court, Aventura). 13. OTHER BUSINESS: None. 14. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Ain, seconded by Commissioner Bloom, and unanimously approved; thus, adjourning the meeting at 7:40 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on July 7, 2026. Page 6 of 6 AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES JUNE 18, 2026 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. Call to Order/Roll Call: The meeting was called to order by Mayor Weinberg at 9:05 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Clifford B. Ain, Commissioner Gustavo Blachman, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Cindy Orlinsky, City Manager Bryan Pegues, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Paul A. Kruss was absent. As a quorum was determined to be present, the meeting commenced. 2. Pledge of Allegiance: The Pledge was led by Mayor Weinberg. The City Commission recognized the date as former Commissioner Michael Stern's birthday. 3. Proposed Fee Increase and Process Revision for Lien Search Requests (City Manager): Mr. Pegues introduced the item. Community Development Director Keven Klopp reviewed the item and recommended approval of a fee increase from $50 to $120 to better align with standard pricing structures of comparable municipalities. The City Commission discussed the item including increasing the amount to $125. City Manager Summary: It was the consensus of the City Commission for the item to proceed to the July 7, 2026 City Commission Meeting Agenda, with a proposed fee increase to $125. 4. Sister City Discussion (Mayor Weinberg): Mayor Weinberg discussed the possibility of having more than one sister city and recommended exploring the possibility of Dakhla, Morocco as a sister city. Evan Ross, City PR Consultant - Public Communicators Group, provided information on the United Nations and the Abraham Accords. Aventura City Commission Regular Workshop Minutes — June 18, 2026 Mr. Pegues will provide the letter received from Dakhla, Morocco to the City Commission regarding their interest in being a sister city. The City Commission discussed the item including the following: also considering Behrain as a sister city, discussing the item with Maor Elbaz Starinsky (Immediate past Consul General of Israel in Miami) to receive his opinion on both cities, being strategic about the right cities for Aventura to be sister cities with, and having a strategic plan. City Manager Summary: It was the consensus of the City Commission for Mr. Pegues to reply to the letter from Dakhla, Morocco advising that the City is considering it and to speak to Maor Elbaz Starinsky to receive his input. 5. Review of Protocols for Charter Amendment Ballot Items (City Attorney): Mr. Meyers distributed and reviewed a Summary of Activities Concerning Ballot Questions. He explained what individual Commissioners and the City could do regarding informing voters about the charter questions. City Manager Summary: This item was provided for informational purposes. 6. Property Tax Update (City Manager): Mr. Meyers distributed and reviewed a Summary of Property Tax Reduction Ballot Question Lawsuit. Mr. Pegues reported on the potential financial impacts to the City. The City Commission discussed the item including the following: the need for the lawsuit to have expedited relief as an emergency, the ballot language not being neutral, an informational video needed to explain the item, whether or not federal grants will continue, and financial impacts to the City's budget. City Manager Summary: It was the consensus of the City Commission for an update to be provided at the July Commission Workshop. 7. Arts in Aventura Board Update (City Manager): Mr. Pegues reported on the Board's first meeting and the upcoming meeting scheduled for June 26th with the following projects to be considered: art along Country Club Drive, space at the Aventura Mall, student art on digital kiosks/bus stops, and art on the concrete berm under the Lehman Causeway. He noted that the projects will come before the City Commission for approval. The City Commission discussed the item including the following: Safra Bank formal mural and compensation to the City in lieu of providing the mural, Lehman Causeway art as a priority, and the possibility of an art walk/festival. City Manager Summary: This item was provided for informational purposes. The following additional items were discussed: Evan Ross, City PR Consultant - Public Communicators Group, provided a status of the City's 30th anniversary book and video project, with consensus provided by the City Commission to prioritize both projects. Page 2 of 3 Aventura City Commission Regular Workshop Minutes — June 18, 2026 Commissioner Ain reported on the ribbon cutting ceremony for the Imperial Club, an affordable housing project (Section 8). Commissioner Blachman and Mr. Pegues reported on strengthening a relationship with the Miami -Dade Transportation Planning Organization (TPO), which is the government agency responsible for guiding the transportation, planning and funding process throughout Miami -Dade County. Mr. Pegues will provide additional information at future workshops. Mr. Pegues provided an update on the enforcement of electric bikes/scooters. The City Commission discussed the item including increasing the social media campaign and monitoring the Sunny Isles Beach ordinance. Mayor Weinberg reported on the U.S. Conference of Mayors, Entertainment and Sports Lawyers Retreat in Aventura, the Florida Bankers Association Conference in Aventura, the Watch Party at the Aventura Mall for soccer, and the upcoming trip to Israel for a high- tech conference. Several members of the City Commission reported on their upcoming trip to Israel and the City's sister city Modi'in. 6. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 10:21 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on July 7, 2026. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager DATE: July 2, 2026 SUBJECT: Resolution to Approve Surplus Vehicles, Vessel & Floating Dock July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the items listed below, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes. Aventura Vehicles for Surplus Make Model Vin# ear Chevy Tahoe 2015 Ford Explorer 5008 2016 Ford Taurus 2015 Ford Explorer 2013 Ford Explorer 2015 Ford Explorer Ford Explorer Ford Explorer Ford Explorer Ford Explorer Ford Explorer Chevy Tahoe 2014 Chevy Tahoe 2012 Fluid Water Craft 2020 Floating Jet Dock No Model No Serial Number 2020 CITY OF AVENTURA RESOLUTION NO. 2026-_ 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg City of Aventura Resolution No. 2026 - PASSED AND ADOPTED this 2nd day of June, 2026. 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 OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager DATE: July 2, 2026 SUBJECT: Resolution to Approve Surplus Vehicles, Vessel & Floating Dock July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the items listed below, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes. Aventura Vehicles for Surplus Make Model Vin# ear Chevy Tahoe 2015 Ford Explorer 5008 2016 Ford Taurus 2015 Ford Explorer 2013 Ford Explorer 2015 Ford Explorer Ford Explorer Ford Explorer Ford Explorer Ford Explorer Ford Explorer Chevy Tahoe 2014 Chevy Tahoe 2012 Fluid Water Craft 2020 Floating Jet Dock No Model No Serial Number 2020 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission ii FROM: Bryan Pegues, City Manager i DATE: July 2, 2026 SUBJECT: Authorizing the City Manager to Execute One -Year Extension of Disaster Debris Monitoring Services Contract with Debris Tech, LLC July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an additional one-year extension of the City's Disaster Debris Monitoring Services contract with Debris Tech, LLC. BACKGROUND The City maintains a contract with Debris Tech, LLC for disaster debris monitoring services, including field monitoring, load ticketing, debris site documentation, and FEMA compliant reporting. The contract included an initial multi -year term with optional one-year renewals, all of which have been exercised. The final renewal period expired on June 1, 2026. Debris Tech has agreed to extend the contract for one additional year beyond the original renewal structure, under the same terms and conditions, with pricing adjusted in accordance with the applicable Consumer Price Index (CPI). This extension is necessary to maintain continuity of monitoring services during hurricane season while the City evaluates long-term procurement options for both debris removal and debris monitoring. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDITIONAL ONE-YEAR EXTENSION OF THE CITY'S CONTRACT FOR DISASTER DEBRIS MONITORING SERVICES WITH DEBRIS TECH, LLC; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura entered into a contract with Debris Tech, LLC ("Tech LLC") for Disaster Debris Monitoring Services, which included an initial three-year term and two optional one-year renewal periods; and WHEREAS, the City has exercised both one-year renewal options, and the contract expired on June 1, 2026; and WHEREAS, Tech, LLC has agreed to extend the contract for one additional year beyond the original renewal structure, under the same terms and conditions, with pricing adjusted in accordance with the applicable Consumer Price Index ("CPI"); and WHEREAS, disaster debris monitoring is essential to ensuring FEMA-compliant documentation, eligibility for reimbursement, and effective oversight of debris removal operations; and WHEREAS, this extension is necessary to maintain continuity of debris monitoring services during hurricane season while the City evaluates long-term procurement options for both debris removal and debris monitoring; and WHEREAS, the City Commission finds that entering into an additional one-year extension with Tech, LLC is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Authorization. That the City Manager is hereby authorized to execute an additional one-year extension of the Disaster Debris Monitoring Services contract with Debris Tech, LLC, extending the agreement through June 1, 2027. Section 3. Implementation. That the City Manager is authorized to do all things necessary to carry out the aims of this resolution. City of Aventura Resolution No. 2026 - 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of July, 2026. 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 v I V • Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 June 24, 2026 Mr. Brooks Wallace, P.E., President Debris Tech, LLC 925 Goodyear Blvd. Picayune, MS 39466 Re: Contract Extension for Disaster Debris Monitoring Services Dear Mr. Wallace, HOWARD S. WEINBERG, ESQ. MAYOR CLIFF AIN GUSTAVO BLACHMAN AMIT BLOOM RACHEL S. FRIEDLAND PAUL A. KRUSS CINDY ORLINSKY BRYAN PEGUES CITY MANAGER The City of Aventura and Debris Tech, LLC currently maintain a contract for Disaster Debris Monitoring Services. The contract included an initial multi -year term followed by optional one-year renewal periods, all of which have been exercised. The most recent renewal term expired on June 1, 2026. The City wishes to extend the contract for one additional year under the same terms, conditions, and adjusted pricing (see Exhibit "A"). If Debris Tech, LLC agrees to this extension, please sign the acceptance section below and return the executed document to the City. Upon execution, the contract will continue uninterrupted through June 1, 2027. We appreciate your continued partnership and your support in ensuring the City's readiness for disaster response. Should you have any questions, please contact Jake Ozyman, Public Works Director at 305-466-8970 or ozymanj@cityofaventura.gov. Sincerely, Bryan Pegues City Manager EXTENSION ACCEPTANCE — Debris Tech, LLC The undersigned hereby agrees to the additional one-year extension of the Disaster Debris Monitoring Services contract with the City of Aventura under the same terms and conditions, extending the contract through June 1, 2027. Signature: Name: Date: Title: PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofaventura.com Exhibit "A" — Fee Schedule Position Project Manager Office Supervisor Operations Manager FEMA Coordinator Scheduler/Expeditor Truck Certifier Field Supervisor Tower Monitor Environmental Specialist Project Inspector (Citizen Site Monitor) GIS Specialist Residential Drop -Off Site Monitor Billing/Invoice Analyst (QA/QC) Administrative Assistant Field Monitor Hourly Rate $93.05 No Charge $80.64 $105.45 No Charge $55.83 $55.83 $43.42 $80.64 $43.42 No Charge $43.42 No Charge No Charge $43.42 PHONE: 305-466-8910 • FAX: 305-466-8919 www.cityofaventura.com CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City g � Manager g DATE: July 2, 2026 SUBJECT: Authorizing the City Manager to Execute One -Year Extension of Disaster Recovery Services Contract with CrowderGulf July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute an additional one-year extension of the City's Disaster Recovery Services contract with CrowderGulf, extending the agreement through July 12, 2027. BACKGROUND The City of Aventura entered into a contract with CrowderGulf for Disaster Recovery Services with an initial three-year term, followed by two optional one-year renewal periods. The City has already exercised both renewal options, and the current contract term is set to expire on July 12, 2026. CrowderGulf has provided written confirmation, dated June 10, 2026, agreeing to extend the contract for one additional year beyond the original renewal structure, under the same terms, conditions, and specifications. This extension is being requested to maintain continuity of disaster recovery services while the City evaluates long-term procurement options. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDITIONAL ONE-YEAR EXTENSION OF THE CITY'S CONTRACT FOR DISASTER RECOVERY SERVICES WITH CROWDERGULF; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura entered into a contract with CrowderGulf for Disaster Recovery Services, which included an initial three-year term and two optional one-year renewal periods; and WHEREAS, the City has exercised both one-year renewal options, and the contract is currently set to expire on July 12, 2026; and WHEREAS, CrowderGulf has agreed, through correspondence dated June 10, 2026, to extend the contract for one additional year beyond the original renewal structure, under the same terms, conditions, and specifications; and WHEREAS, maintaining continuity of disaster recovery services is essential to ensuring the City's readiness for hurricane season and its ability to respond promptly to emergency debris removal and post -disaster recovery needs; and WHEREAS, the City Commission finds that entering into an additional one-year extension with CrowderGulf is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Authorization. That the City Manager is hereby authorized to execute an additional one-year extension of the Disaster Recovery Services contract with CrowderGulf, extending the agreement through July 12, 2027. Section 3. Implementation. That the City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2026 - 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of July, 2026. 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 C R 1 W D E R I.i', 11 r June 10, 2026 Mr. Bryan Pegues City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re: Contract Extension for Disaster Recovery Services Dear Mr. Pegues: ADMINISTRATIVE OFFICE 5629 Commerce Blvd East Mobile, AL 36619 The City of Aventura and CrowderGulf have a contract for Disaster Recovery Services. The successful contractor will be awarded a contract for three (3) years with the option to renew the contract for two (2) additional one-year periods. Options for renewal will only be exercised upon mutual, written agreement at the same terms, conditions and specifications and the extension is approved by the City Manager. At the request of the City, CrowderGulf agrees to extend the contract for an additional one-year period. If the City of Aventura is in agreement to extend the existing contract, please sign the extension acceptance below and return to CrowderGulf. Upon execution of this acknowledgement the contract will continue under the same terms and conditions until its new expiration date of July 12, 2027. We appreciate the opportunity to extend this contract and stand ready to respond immediately in the event the community of the City of Aventura needs our services. If you have any questions or if we can be of any further assistance, please do not hesitate to contact me at the Disaster Administration Office (DAO) at 800-992-6207 or by e-mail jramsay@crowdergulf.com. Best regards, IJ Ashley Rams - aile President EXTENSIONACCEPTANCE - City a&A Ventura. FL Signature Name/Title Date CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager %�' DATE: July 2, 2026 SUBJECT: Authorizing the City Manager to Execute the Watershed Planning Grant Agreement July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the Watershed Planning Grant Agreement with the Florida Division of Emergency Management (FDEM) for the development of the City's Watershed Master Plan. BACKGROUND In January 2025, the City Commission authorized submission of a Watershed Planning Grant application under HMGP DR -4673 Ian. FDEM has now approved the City's grant, providing to $272,686 with a 25% non-federal match. The Watershed Master Plan is a critical component of the statewide initiative to improve flood resilience and guide long-term stormwater planning. For Aventura, the plan carries added importance due to its direct connection to the Community Rating System (CRS). Advancing the City's CRS classification is a major priority, as higher CRS classes result in greater flood insurance premium reductions for residents and businesses. Under CRS rules, no community can reach Class 4 or better without an adopted Watershed Master Plan. Completing this plan will: • Enable the City to pursue a higher CRS class, increasing community -wide insurance savings. • Provide substantial CRS credit in floodplain management, stormwater planning, and mitigation categories. • Strengthen the City's long-term resilience strategy by identifying watershed -scale vulnerabilities and mitigation priorities. • Improve competitiveness for future state and federal resilience funding. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE WATERSHED PLANNING GRANT AGREEMENT WITH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) UNDER THE HAZARD MITIGATION GRANT PROGRAM (HMGP) DR -4673 IAN; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 14, 2025, the City Commission authorized the City Manager to apply for a Watershed Planning Grant under the Hazard Mitigation Grant Program (HMGP) DR -4673 Ian to support development of a comprehensive Watershed Master Plan; and WHEREAS, the Florida Division of Emergency Management (FDEM) has approved the City's grant application and issued a grant award providing up to $272,686 with a required 25% non-federal cost share; and WHEREAS, the Watershed Master Plan is a critical component of the statewide Watershed Master Planning Initiative and will guide long-term stormwater management, flood mitigation, and resilience planning for the City; and WHEREAS, the National Flood Insurance Program's Community Rating System (CRS) requires an adopted Watershed Master Plan for any community seeking to achieve CRS Class 4 or better, making this plan essential to advancing the City's CRS rating and securing greater flood insurance premium reductions for residents and businesses; and WHEREAS, the City Commission finds that authorizing the City Manager to execute the Watershed Planning Grant Agreement with FDEM is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Authorization. That the City Manager is hereby authorized to execute the Watershed Planning Grant Agreement with the Florida Division of Emergency Management (FDEM) under HMGP DR -4673 Ian. City of Aventura Resolution No. 2026 - Section 3. Implementation. That the City Manager is further authorized to execute all documents, amendments, assurances, and certifications necessary to administer the grant and implement the Watershed Master Plan. 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of July, 2026. 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 SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU FISCAL OPERATIONS UNIT HMGP REQUEST FOR REVIEW AND APPROVAL SUB -RECIPIENT: City of Aventura PROJECT #: 4673-305-P03 PROJECT TITLE: City of Aventura Watershed Master Plan HMGP CONTRACT #: H1448 SM CONTRACT #: (if applicable) N/A MODIFICATION #: N/A SUB -RECIPIENT REPRESENTATIVE (POINT OF CONTACT) I Jake Ozyman Director of Public Works 19200 W Country Club Dr. Aventura, Florida 33180 Enclosed is your copy of the proposed contract(s)/modification(s) between City of Aventura and the Florida Division of Emergency Management (FDEM). COMPLETE ® This form is required to be included with all Reviews, Approvals, and Submittals ® Reviewed and Approved ® Signed & Dated Electronic Copy of HMGP Contract by Official Representative Signed & Dated Electronic Copy of SM Contract by Official Representative (if applicable) ® Copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign, if not Chairman, Mayor, or Chief ® Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements ® Attachment K — Certification Regarding Lobbying - completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements ® Attachment L — FACTS - completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements ® Attachment M — Foreign Country of Concern Affidavit completed, signed, and dated ❑ N/A for Modifications or State Funded Agreements ® Electronic Submittal to the Grant Specialist SUB -RECIPIENT AGREEMENT CHECKLIST If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at 850-328-5736 or email me at Caitlyn.Stroik@yagroup.com Agreement Number: H1448 Project Number: 4673-305-P03 FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass -through entity considers a contract." As defined by 2 C.F.R. §200.1, "pass -through entity" means "a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Sub -Recipient" means "an entity, usually but not limited to non - Federal entities that receives a subaward from a pass -through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.1, "Federal award" means "Federal financial assistance that a non - Federal entity receives directly from a Federal awarding agency or indirectly from a pass -through entity." As defined by 2 C.F.R. §200.1, "subaward" means "an award provided by a pass -through entity to a Sub -Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass -through entity." The following information is provided pursuant to 2 C.F.R. §200.332: Sub -Recipient's name: City of Aventura Sub -Recipient's unique entity identifier (UEI/FEIN): Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass -through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub - Recipient by the pass -through entity Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass -through entity: Contact information for the pass -through entity: Catalog of Federal Domestic Assistance (CFDA) Number and Name: Whether the award is R&D: Indirect cost rate for the Federal award: YLHMQ9QQ1 LT9 / 650662615 FEMA-DR-4673-FL March 11, 2026 March 11,2026 —May 31, 2028 $204,514.00 $204,514.00 $204,514.00 Watershed Master Plan Federal Emergency Management Agency FL Division of Emergency Management Caitlyn.Stroik(c�yagrou p.com 97.039 Hazard Mitigation Grant Program N/A N/A THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and City of Aventura, (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass -through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302(a) provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 2 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Caitlyn Stroik Project Manager Bureau of Mitigation Florida Division of Emergency Management 2489 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-328-5736 Email: Caitlyn.Stroik@yagroup.com The Division's Alternate Grant Manager for this Agreement is: Laura Dhuwe Project Manager Hazard Mitigation Grant Program Florida Division of Emergency Management 2489 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-879-0872 Email: watershedplanning@em.myflorida.com 3 1. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Jake Ozyman Director of Public Works 19200 W Country Club Dr. Aventura, Florida 33180 Telephone: 305-466-8973 Email: ozymanj@cityofaventura.com 2. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (8) PERIOD OF AGREEMENT This Agreement shall begin on March 11, 2026 and shall end on May 31, 2028, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.1, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with section 215.971(1)(d), Florida Statutes, the Sub - Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. 4 b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $204,514.00. d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment A, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.1 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.329, that the Division and the Sub -Recipient "relate financial data to performance goals and objectives of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation —personal services") and 2 C.F.R. §200.431 ("Compensation —fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (See 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in 5 the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: They are provided under established written leave policies; The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, Participation of the individual in the travel is necessary to the Federal award. The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.1, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.337, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right 6 of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.332(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.334, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 7 d. In accordance with 2 C.F.R. §200.335, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.336, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to 8 perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. 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: (850) 815-7671 Records@em.myflorida.com, or 2489 Shumard Oak Boulevard, Tallahassee, FL 32399. (11) AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.1, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.1, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Sub -Recipient of such non- compliance. 9 e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2489 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2489 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than fifteen (15) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. 10 d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Scope of Work. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment F. (13) MONITORING a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment A to this Agreement and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on -site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and, as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of 11 sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub -Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: 12 Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17) TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar day's prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18) PROCUREMENT 13 a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. e. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." f. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; v. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; 14 vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. g. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. h. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(a), Florida Statutes. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(2) as well as section 287.057(1)(b), Florida Statutes. For each subcontract, the Sub -Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). k. If the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall review its competitive solicitation and subsequent contract to be awarded for compliance with the procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. If the Sub -Recipient publishes a competitive solicitation or executes a contract that is not in compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 or the requirements of Appendix II to 2 C.F.R. Part 200, then the Sub -Recipient is on notice that the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; or, Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. FEMA has developed helpful resources for subgrant recipients related to compliance with the Federal procurement standards in 2 C.F.R. §§200.318 through 200.327 and required contract provisions in Appendix II to 2 C.F.R. Part 200. These resources are generally available at https://www.fema.gov/procurement-disaster-assistance-team. 15 (19) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Scope of Work iii. Attachment B — Program Statutes and Regulations iv. Attachment C — Statement of Assurances v. Attachment D — Request for Advance or Reimbursement vi. Attachment E — Justification of Advance Payment vii. Attachment F — Quarterly Report Form viii. Attachment G — Warranties and Representations ix. Attachment H — Certification Regarding Debarment x. Attachment I — Federal Funding Accountability and Transparency Act xi. Attachment J — Mandatory Contract Provisions xii. Attachment K — Certification Regarding Lobbying xiii. Attachment L — Florida Accountability Contract Tracking System xiv. Attachment M — Foreign Country of Concern Affidavit (20) PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181 (16), Florida Statutes. All advances are required to be held in an interest - bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division grant manager as part of the Sub - Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief 1 Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (21) REPAYMENTS a. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2489 Shumard Oak Boulevard Tallahassee FL 32399-2100 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty (30) days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et se .), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the 17 construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals or affiliates: Are not presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded or disqualified from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. In addition, the Sub -Recipient shall send to the Division (by email) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. h. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act 18 ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. k. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. m. If applicable, pursuant to Section 255.0993, Florida Statutes, the Sub -Recipient shall ensure that any iron or steel product, as defined in section 255.0993(1)(b), Florida Statutes, that is permanently incorporated in the deliverable(s) resulting from this project, must be produced in the United States. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the 19 extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate 20 that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (26) EQUAL OPPORTUNITY AND MERIT -BASED SELECTION a. In accordance with Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit -Based Opportunity," the Subrecipient hereby agrees that all procurement and employment actions funded in whole or in part with federal funds shall be identity -neutral and merit - based. i. The Subrecipient and its contractors shall not discriminate against any employee, applicant for employment, or bidder because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ii. The Subrecipient certifies that no contract award or employment decision shall be based on a demographic preference, quota, or "workforce balancing" requirement. iii. All contract awards must be based solely on technical merit, cost-effectiveness, and the bidder's demonstrated ability to perform the work. b. The Subrecipient acknowledges that compliance with this Section (26) is material to the federal government's decision to provide and reimburse funds. The Subrecipient further agrees that: i. Failure to adhere to merit -based selection standards while certifying compliance through the submission of reimbursement requests may subject the Subrecipient to civil and/or criminal penalties under the False Claims Act (31 U.S.C. §§ 3729-3733). 21 ii. The Subrecipient shall include the provisions of this Section (26) in every subcontract or purchase order so that such provisions shall be binding upon each subcontractor or vendor. iii. In the event of the Subrecipient's noncompliance with the merit - based provisions of this clause, FDEM may cancel, terminate, or suspend this Agreement in whole or in part and refer the matter to the Department of Justice for appropriate legal proceedings. (27) COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28) CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT 22 If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30) SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31) BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 23 If this subgrant agreement amount is $100,000 or more, the Sub -Recipient, and subcontractors as applicable, shall sign Attachment K — Certification Regarding Lobbying. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES. AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33) ASSURANCES 24 The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment C. 25 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: CITY OF AVENTURA By: Name and Title: Date: FEID#: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: EXHIBIT -I 1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Hazard Mitigation Grant Catalog of Federal Domestic Assistance title and number: 97.039 Award amount: $ 204,514.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • Sections 1361(A) of the National Flood Insurance Act of 1968, 42 U.S.C. 4104c, as amended by the National Flood Insurance Reform Act of 1994, Public Law 103-325 and the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108-264 • 31 C.F.R. Part 205 Rules and Procedures for Funds Transfers Federal Program: Sub -Recipient is to use funding to perform the following eligible activities: • Mitigation Planning Project 2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement, or will be in violation of the terms of the Agreement. 27 Attachment A Watershed Master Planning Program City of Aventura Watershed Master Plan Budget and Scope of Work STATEMENT OF PURPOSE: The Florida Division of Emergency Management's (the Division) Bureau of Mitigation prioritizes flood risk management as an integral part of its mission. The goals of this project are to assist local communities in developing a Watershed Master Plan for the purposes of moving up in the Community Rating System (CRS) of the National Flood Insurance Program (NFIP) and to increase resiliency in Florida communities. This project is funded through the Hazard Mitigation Grant Program (HMGP) DR -4673-305-P03, as approved by the Division and the Federal Emergency Management Agency (FEMA) to create and update Watershed Master Plans (WMPs) throughout the state of Florida. The Sub -Recipient, City of Aventura, agrees to administer and complete the project per scope of work as submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub - Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations, and Codes. PROJECT OVERVIEW: The Scope of Work for this Hazard Mitigation Grant Program (HMGP) Watershed Planning Program project, the Division shall coordinate with eligible Florida entities (Sub -Recipients) to produce a Watershed Master Plan (WMP) for credit under Community Rating System (CRS). This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to WMP development. The purpose of a Watershed Master Plan (WMP) is to equip communities with a decision -making tool aimed at reducing the risk of increased flooding from future conditions, such as new development, redevelopment, and the impacts of climate change and sea level rise, across a watershed or community. WMP's enable communities to understand current watershed behavior and flooding issues while proactively planning for future challenges driven by growth and climate -related factors. This project shall result in the development of Watershed Master Plans (WMPs) for National Flood Insurance Program (NFIP) participating communities throughout Florida. These plans shall be conducted and developed in accordance with FEMA's standard practices for mitigation planning, ensuring maximum public engagement throughout the process. The Sub -Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b (refer to the CRS Coordinator's Manual and additional guidance materials). WMPs will be developed in alignment with the 2021 Addendum and the 2017 National Flood Insurance Program's Community Rating System Coordinator's Manual, among other requirements. The Sub -Recipient shall finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the WMP shall be adopted in the Sub -Recipient's next LMS update. Guidance materials produced in the WMP Pilot Program can be found at: https://www.floridadisaster.org/dem/mitigation/watershed-planning/. TASKS & DELIVERABLES: 28 A. TASKS 1. Create Preliminary Project Plan based on Initial Flood Modeling and Submit Draft Watershed Master Plan. The Sub -Recipient shall create a preliminary Watershed Master Plan (WMP), which is a narrative detailing how the initial flood modeling has sufficient detail on the data that went into the model, model specifications, and possible solutions for addressing flood risks that the model identified. There shall be enough detail in the preliminary WMP to verify the required analysis has been completed. Specifically, the required analysis for the preliminary WMP shall include all the Minimum Criteria required for a creditable WMP under the two categories of Data Inventory and Collection and Initial Flood Modeling as follows: Data Inventory and Collection: 1. Data inventory (used for initial flood modeling): a. Inventory of ground characteristics (e.g., soil type, impervious surfaces, wetlands) b. Inventory of existing drainage system c. Inventory of data availability 2. Locations of: a. critical facilities, cultural/historical, and other places/areas of interest b. vulnerable areas and their descriptions c. natural and constructed drainage systems and channels 3. Existing regulations and plans in place for reducing flood risks Initial Flood Modeling (highly recommended to use an ISO accepted flood model to receive CRS credit) 4. For current/existing conditions land use, future land use, and the fully developed watershed scenarios: a. Evaluations of the existing drainage system's runoff response from design storms using a hydrologic and hydraulic study with a hydrograph approach under current and predicted future land use conditions with assessments of the impacts of climate change and sea level rise for 10-, 25- & 100 -year storm events. b. For currently fully developed watersheds: studies of existing development and the potential impact of any redevelopment. c. Evaluations of different management scenarios for at least the 100 -year rainfall event for a fully developed watershed at a scale sufficient to determine local problems. d. Determinations of the change in runoff from current to future, fully developed conditions. e. Recommendations for managing at least the 10 -year and the 25 -year rainfall events. 5. For communities impacted by sea level rise: a. evaluations of the impacts of the NOAA Intermediate 2100 sea level rise scenario on the 100 -year rainfall event. b. It is highly recommended to include 2 other scenarios up to 2100, which could be based on sea level for 2 -time frames into the future or any number of feet of sea level rise within this timeframe. 6. The plan must include a strategy and action plan to address the results of the studies for: 29 a. controlling the timing of peak flows to prevent or minimize problems for the entire watershed due to new development, redevelopment, and fully developed conditions. b. the impact of climate change and sea level rise on fully developed conditions. c. at least the 25 -year rainfall event in fully developed conditions, with a list of possible solutions for addressing at least the 25 -year rainfall event. d. at least one event larger than the 25 -year rainfall event, with a list of possible solutions for addressing this event. e. ensuring that flood hazards from the 10 -year and the 25 -year events are not increased by future development (the 2 -year storm is also recommended). 7. The community must adopt the final plan. 8. If applicable, WMP plans more than 5 years old must be evaluated to ensure that they remain applicable to current conditions. For instance, previous assumptions on hydrology, sea level rise and future land use, are still applicable. TASK 1 DELIVERABLES Deliverable submittals shall be electronic documents and be submitted to the Division via email to the Divisions Grant Manager for review no later than the established due date before payment shall be processed. The Sub -Recipient shall submit following Task 1 deliverables to the Division: a) An electronic copy of the preliminary Watershed Master Plan (WMP). b) A separate electronic document listing how and where in the preliminary WMP the Minimum Criteria listed under Task 1 are met. c) A separate electronic document clarifying the Sub -Recipient's existing data inventory at the time of contract execution, how the data are used, and which tasks and efforts have already been completed prior to contract execution. d) A separate electronic document with all comments between the Sub -Recipient Staff and contractor from their review of the WMP, and e) Submit previous WMP or if no previous WMP exists submit a letter stating as such. Reimbursement / Payment for Task 1 shall occur once the Sub -Recipient has received feedback from the Division confirming that their preliminary WMP and Task 1 Deliverables have been approved. To be approved, the preliminary WMP shall show how all the listed Minimum Criteria required for a creditable WMP are intended to be met. 2. Revise Draft Watershed Master Plan and Submit Completed Watershed Master Plan. After receiving feedback from the Division on the preliminary Watershed Master Plan (WMP), from Task 1 (per Task 1 Deliverables), the Sub -Recipient shall finalize the flood modeling process and submit their completed WMP. At a minimum, the modeling and WMP must meet the Minimum Criteria required for a creditable WMP shown above. The Sub -Recipient shall update their WMP, if revisions are necessary based on the Division's feedback, and submit the completed WMP to the Division for review. The Sub -Recipient shall coordinate, throughout the activities for Task 2, with the applicable Local Mitigation Strategy (LMS) working group to ensure that the working group shall adopt the WMP as an annex in the next LMS update and use the data to inform the risk assessment and mitigation strategy. TASK 2 DELIVERABLES Deliverable submittals shall be electronic documents and be submitted to the Division via email to the Divisions Grant Manager, for review no later than the established due date before payment shall 30 be processed. The Sub -Recipient shall submit the following Task 2 deliverables to the Division: a) An electronic copy of the completed WMP (after incorporating comments from the Division, if applicable). b) A signed letter from the applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the completed WMP shall be adopted and used to update the risk assessment and mitigation strategy during the next LMS plan update; and c) Provide documentation of WMP submittal to ISO/CRS. Reimbursement / Payment for Task 2 shall occur once the Sub -Recipient has received feedback from the Division confirming that their completed WMP and Task 2 Deliverables have been approved. To be approved, the completed WMP shall show how all the listed Minimum Criteria required for a creditable WMP have been met. 3. Grant Management Tasks: The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub - Recipient's procurement policy as well as all Federal and State Laws and Regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and performing all work plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient within 10 days of execution. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. The Sub -Recipient shall monitor and manage the procurement and shall ensure that all applicable State, Local and Federal Laws and Regulations are followed and documented, as appropriate. The Sub -Recipient shall fully perform the approved project, as described in the application, in accordance with the approved scope of work indicated herein, the estimate of costs indicated herein, the allocation of funds indicated herein, and all applicable terms and conditions. The Sub -Recipient shall not deviate from the approved project terms and conditions. During this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is 31 due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services are rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in -kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly Reports shall be submitted by the Sub -Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement costs related to the project as identified in the project application and plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices, which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information. b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services. c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for reimbursement shall include the final project cost. All Supporting documentation shall show that all contractors and subcontractors have been paid. B. Deliverables Deliverable Value Due Date Task 1 — Create Preliminary WMP based on Initial Flood $172,686.00 14 months after Modeling; Submit Draft WMP and additional Task 1 Deliverables beginning of POP Task 2 — Revise Draft WMP; Submit Completed WMP and $100,000.00 26 months after additional Task 2 Deliverables beginning of POP Total $ 272,686.00 Minimum Level of Performance: Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C. PROGRAMMATIC 32 1. The Sub -Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 2. The Division and FEMA shall approve a change in the scope of work in advance, regardless of the budget implementations. 3. The Sub -Recipient must "obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4. Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, along with substantiation of the new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 5. The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 6. A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 7. Project approval is on the condition that the tasks, deliverables, and conditions be accomplished, and documentation submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for Closeout. 8. The Sub -Recipient must ensure that persons responsible for the management of this grant, including the designated Point of Contact (POC), staff, and consultants, attend the Division's Sub -Recipient Responsibility Review training at least once every thirty-six (36) months. Any change in the Sub - Recipient's Point of Contact (POC), or in any other person responsible for the management of this grant, shall require the newly designated individual to also fulfill this training requirement by attending the Division's Sub -Recipient Responsibility Review training at least once every thirty-six (36) months, or by having completed it within the last thirty-six (36) months. This is FEMA project number 4673-305-P03. It is funded under HMGP, FEMA-4673-DR-FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4673. FEMA awarded this project to the State on March 11, 2026 The State of Florida awarded this project on 03/17/26. The Period of Performance for this project begins on the date of execution of the subgrant agreement by both parties and the Period of Performance shall end on May 31, 2028. D. FINANCIAL CONSEQUENCES: The failure to provide the Division with the required deliverables within the stated timelines shall result in a penalty of 5% of the determined deliverable amount for each late deliverable. Penalty may be waived based upon reasonable explanation with documentation by Sub -Recipient. Should the Sub -Recipient determine that there are significant barriers to conducting any of the minimum deliverables due to extenuating circumstances, the Division may re-evaluate performance expectations upon a formal request from the Sub -Recipient. If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the following actions, as appropriate in the circumstances: 33 1. Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2. Disallow all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. SCHEDULE OF WORK: Milestones / Tasks State Contracting: 4 Months Local Procurement: 2 Months Field Work and Data Collection (Task 1) 3 Months Initial Flood Modeling (Task 1): 3 Months Preliminary WMP and Task 1 Deliverables (Task 1) 3 Months Revise WMP and Submit Completed WMP and Task 2 Deliverables (Task 2) 9 Months Division Approval and Closeout 2 Month Total Period of Performance: 26 Months BUDGET: Line -Item Budget* FEES: Project Cost Federal Cost Non -Federal Cost Personnel $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual $272,686.00 $204,514.00 $68,172.00 Other $0.00 $0.00 $0.00 Total Project Fees: $ 272,686.00 $ 204,514.00 $ 68,172.00 *Any line -item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. FUNDING SUMMARY TOTALS: Federal Share: $204,514.00 (74.999816639%) Non -Federal Share: $68,172.00 (25.000183361%) Total Project Cost: $272,686.00 (100.00%) 34 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (HMGP) are generally governed by the following statutes and regulations: (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; (2) 44 C.F.R. Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; (3) State of Florida Administrative Plan for the Hazard Mitigation Grant Program; (4) Hazard Mitigation Assistance Guidance- February 27, 2015 Update; and (5) All applicable laws and regulations delineated in Attachment C of this Agreement In addition to the above statutes and regulations, the Sub -recipient must comply with the following: The Sub -recipient shall fully perform the approved hazard mitigation project, as described in the Application and Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. The Sub -recipient shall not deviate from the approved project and the terms and conditions of this Agreement. The Sub -recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Sub -recipient and any land use permitted by or engaged in by the Sub -recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Sub -recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commission, and any Federal, State, or local environmental or land use permitting authority, where required. The Sub -recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. The Sub -recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information to HMGP as may be required. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then the Sub -recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property shall record in the public records of the county where it is located the following covenants and restrictions, which shall run with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project. 35 (1) The property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (2) No new structure will be erected on property other than: a. a public facility that is open on all sides and functionally related to a designed open space; b. a restroom; or (3) A structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; (4) After the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and (5) If any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. HMGP Contract Manager will evaluate requests for cost overruns and submit to the regional Director written determination of cost overrun eligibility. Cost overruns shall meet Federal regulations set forth in 44 C.F.R. §206.438(b). The National Environmental Policy Act (NEPA) stipulates that additions or amendments to a HMGP Sub -Recipient Scope of Work (SOW) shall be reviewed by all State and Federal agencies participating in the NEPA process. As a reminder, the Sub -recipient must obtain prior approval from the State, before implementing changes to the approved project Scope of Work (SOW). Per the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments: (1) For Construction projects, the grantee must "obtain prior written approval for any budget revision which result in a need for additional funds" (2 C.F.R. § 200.308); (2) A change in the Scope of Work must be approved by FEMA in advance regardless of the budget implications; and (3) The Sub -recipient must notify the State as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower cost or earlier completion. Any extensions of the period of performance must be submitted to FEMA sixty (60) days prior to the project expiration date. The Sub -recipient assures that it will comply with the following statutes and regulations to the extent applicable: (1) 53 Federal Register 8034 (2) Federal Acquisition Regulations 31.2 (3) Section 1352, Title 31, US Code (4) Chapter 473, Florida Statutes (5) Chapter 215, Florida Statutes (6) Section 768.28, Florida Statutes (7) Chapter 119, Florida Statutes (8) Section 216.181(6), Florida Statutes (9) Cash Management Improvement Act of 1990 (10) American with Disabilities Act (11) Section 112.061, Florida Statutes (12) Immigration and Nationality Act (13) Section 286.011, Florida Statutes (14) 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (15) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (16) Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (17) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act (18) Omnibus Crime Control and Safe Streets Act of 1968, as amended (19) Victims of Crime Act (as appropriate) (20) Section 504 of the Rehabilitation Act of 1973, as amended (21) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990) (22) Department of Justice regulations on disability discrimination, 28 C.F.R., Part 35 and Part 39 (23) 42 U.S.C. 5154a 37 Attachment C Statement of Assurances To the extent the following provisions apply to this Agreement, the Sub -recipient certifies that: (a) It possesses legal authority to enter into this Agreement and to carry out the proposed program; (b) Its governing body has duly adopted or passed as an official act of resolution, motion or similar action authorizing the execution of the hazard mitigation agreement with the Division of Emergency Management (DEM), including all understandings and assurances contained in it, and directing and authorizing the Sub -recipient's chief administrative officer or designee to act in connection with the application and to provide such additional information as may be required; (c) No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall receive any share or part of this Agreement or any benefit. No member, officer, or employee of the Sub -recipient or its designees or agents, no member of the governing body of the locality in which this program is situated, and no other public official of the locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year after, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds, for work be performed in connection with the program assisted under this Agreement. The Sub -recipient shall incorporate, in all contracts or subcontracts a provision prohibiting any interest pursuant to the purpose stated above; (d) All Sub -recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Sub -recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Sub -recipient. Any cost incurred after a notice of suspension or termination is received by the Sub -recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Division. All Sub -recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. (f) It will comply with (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub - recipient received Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Sub - 38 recipient, this assurance shall obligate the Sub -recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualifies handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246, as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (g) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to section 112.313 and section 112.3135, Florida Statutes; (h) It will comply with the Anti -Kickback Act of 1986, 41 U.S.C. Chapter 87 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (i) It will comply with the provisions of 5 U.S.C. 7323 (further known as the Hatch Act) which limits the political activities of employees; (j) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 50, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; For sites located within Special Flood Hazard Areas (SFHA), the Sub -recipient must include a FEMA Model Acknowledgement of Conditions of Mitigation of Property in a Special Flood Hazard Area with FEMA Grant Funds executed by the title holder with the closeout request verifying that certain SFHA requirements were satisfied on each of the properties. The Model Acknowledgement can be found at www.fema.gov/governmenta/grant/sfha_conditions.shtm (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessibility Standards," (AS) which is Appendix A to 41 C.F.R. Section 101- 19.6 for general type buildings and Appendix A to 24 C.F.R., Part 40 for residential structures. The Sub -recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (I) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (54 U.S.C.), Executive Order 11593, 36 C.F.R., Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (54 U.S.C. 3125) by: 39 (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R., Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Division of Emergency Management and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 54 U.S.C., and implementing regulations in 36 C.F.R., Part 800. (4) When any of the Sub -recipient's projects funded under this Agreement may affect a historic property, as defined in 36 C.F.R., Part 800.16 (1)(1), the Federal Emergency Management Agency (FEMA) may require the Sub -recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, the Sub -recipient agrees to participate in consultations to develop, and after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) The Sub -recipient agrees to notify FEMA and the Division if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation of footings and foundations, and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise the Sub -recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery or archeological data from the property. If the Sub -recipient is unable to avoid the archeological property, develop, in consultation with SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". The Sub -recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within fifteen (15) calendar days of receipt of the treatment plan, FEMA may direct the Sub -recipient to implement the treatment plan. If either the Council or the SHPO object, Sub -recipient shall not proceed with the project until the objection is resolved. (6) The Sub -recipient shall notify the Division and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify a HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be 40 eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. The Sub -recipient acknowledges that FEMA may require the Sub recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. The Sub - recipient further acknowledges that FEMA may require the Sub -recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. The Sub -recipient also acknowledges that FEMA will require, and the Sub -recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) The Sub -recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, the Sub -recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse effect to occur. (m) It will comply with applicable provisions of the following laws and policies prohibiting discrimination: (1) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, color, or national origin (including limited English proficiency). (2) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. (3) Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. (4) Age Discrimination Act of 1975, which prohibits discrimination based on age. (5) U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) which prohibits discrimination on the basis of sex; (0) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4541-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead -Based Paint Poison Prevention Act (42 U.S.C. 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the State Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, (7 U.S.C. 2131-2159), pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this Agreement; (t) It will comply with Title VIII of the Civil Rights Act of 1968, (42 U.S.C 2000c and 42 U.S.C. 3601- 3619), as amended, relating to non-discrimination in the sale, rental, or financing of housing, and 41 Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7675; (v) It will comply with the Clean Water Act of 1977, as amended, 33 U.S.C. 1251-1388 (w) It will comply with the endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4701-4772; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 54 U.S.C.; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 54 U.S.C. 3125 (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non- discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f -300j-27, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (fo It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3501-3510; (hh) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-14674; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. 661-668. (jj) With respect to demolition activities, it will: (1) Create and make available documentation sufficient to demonstrate that the Sub - recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. (2) Return the property to its natural state as though no improvements had ever been contained thereon. 42 (3) Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in the Sub -recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. (4) Provide documentation of the inspection results for each structure to indicate: a. Safety Hazard Present b. Health Hazards Present c. Hazardous Materials Present (5) Provide supervision over contractors or employees employed by the Sub -recipient to remove asbestos and lead from demolished or otherwise applicable structures. (6) Leave the demolished site clean, level and free of debris. (7) Notify the Division promptly of any unusual existing condition which hampers the contractor's work. (8) Obtain all required permits. (9) Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. (10) Comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). (11) Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857), Section 508 of the Clean Water Act (33 U.S.C. 1251-1388), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R., Part 15 and 61). This clause shall be added to any subcontracts. (12) Provide documentation of public notices for demolition activities. 43 Attachment D REQUEST FOR ADVANCE OR REIMBURSEMENT OF HAZARD MITIGATION ASSISTANCE PROGRAM FUNDS SUB -RECIPIENT: City of Aventura REMIT ADDRESS: 19200 W Country Club Dr. CITY: Aventura STATE: Florida ZIP CODE: 33180 PROJECT TYPE: Watershed Master Plan PROJECT #: 4673-305-P03 PROGRAM: Hazard Mitigation Grant Program CONTRACT # BUDGET: FEDERAL SHARE: ADVANCED RECEIVED: N/A AMOUNT: Invoice Period: through Total of Previous Payments to Date: Total of Previous SRMC to Date: Total Federal to Date: Eligible Amount 100% (Current Request) H1448 LOCAL SETTLED? Payment No: (Federal) (SRMC Federal) (Total Federal Paid) Obligated Federal Obligated Local Amount Non -Federal Division Use Only 74.999816639% 25.000183361% Approved Comments TOTAL CURRENT REQUEST: $ By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812. SUB -RECIPIENT SIGNATURE: NAME: APPROVED PROJECT TOTAL $ TITLE: TO BE COMPLETED BY THE DIVISION APPROVED SRMC TOTAL: $ DIVISION DIRECTOR APPROVED FOR PAYMENT $ 44 DATE DATE: Attachment D (cont.) SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION ASSISTANCE PROGRAM SUB -RECIPIENT: City of Aventura PAYMENT #: PROJECT TYPE: Watershed Master Plan PROJECT #: 4673-305-P03 PROGRAM: Hazard Mitigation Grant Program CONTRACT #: H1448 REF NO2 DATE3 DOCUMENTATION4 (Check) AMOUNT ELIGIBLE COSTS (100%) 1 2 3 4 5 6 7 8 This payment represents % completion of the project. TOTAL 2 Recipient's internal reference number (e.g., Invoice, Receipt, Warrant, Voucher, Claim Check, or Schedule #) 3 Date of delivery of articles, completion of work or performance services. (per document) 4 List Documentation (Recipient's payroll, material out of recipient's stock, recipient owned equipment and name of vendor or contractor) by category (Materials, Labor, Fees) and line item in the approved project line item budget. Provide a brief description of the articles or services. List service dates per each invoice. 45 Attachment E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: CITY OF AVENTURA If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. PLEASE NOTE: Calculate your estimated expenses at 100% of your expected needs for ninety (90) days. Submit Attachment D with the cost share breakdown along with Attachment E and all supporting documentation. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three (list applicable line items) Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term as evidenced by copies of invoices and cancelled checks as required by the Budget and Scope of work showing 100% of expenditures for the 90 day period shall be returned to the Division Cashier, 2489 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance. Attachment F QUARTERLY REPORT FORM Instructions: Complete and submit this form to State Project Manager within 15 -days after each quarter: SUB -RECIPIENT: City of Aventura PROJECT #: PROJECT TYPE: Watershed Master Plan CONTRACT # 4673-305-P03 H1448 PROGRAM: Hazard Mitigation Grant Program QUARTER ENDING: Advance Payment Information: Advance Received ❑ N/A ❑ Amount: $ Advance Settled? Yes ❑ No ❑ Financial Amount to Date: Sub -Recipient Total Project Expenditures to date (federal & local): $ Target Dates (State Agreement): Contract Execution Date: Contract Expiration Date: Date Deliverables Submitted: Closeout Requested Date: Describe Milestones achieved during this quarter: Project Proceeding on Schedule? ❑ Yes ❑ No (If No, Describe under Issues below) Percentage of Milestones completed to Date: % Describe Activities - Milestones completed this quarter only: Schedule of the Milestones -Activities: Milestone Dates (estimated) Issues or circumstances affecting completion date, milestones, scope of work, and/or cost: Cost Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget Cost / Financial Comments: NOTE: Events may occur between quarterly reports, which have significant impact upon your project(s), such as anticipated overruns, changes in scope of work, extensions. Contact the Division as soon as these conditions are known, otherwise you could be non -compliant with your sub -grant award. Sub -Recipient Contract Representative (POC): Signature: Phone: To be completed by Florida Division of Emergency Management Project Manager Project Manager Statement: ❑ No Action Required, OR ❑ Action Required: PM Percentage of Activates competed per PM Review QR Milestones Spreadsheet: Date Reviewed: Reviewer: Project Manager 47 Attachment G Warranties and Representations Financial Management The Sub -Recipient's financial management system must comply with 2 C.F.R. §200.302. Procurements Any procurement undertaken with funds authorized by this Agreement must comply with the requirements of 2 C.F.R. §200, Part D —Post Federal Award Requirements —Procurement Standards (2 C.F.R. §§200.317 through 200.327). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from: 8:00 AM - 5:00 PM, Monday Thru Friday, as applicable. Licensing and Permitting All subcontractors or employees hired by the Sub -Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Sub -Recipient. 48 Attachment H Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions The prospective subcontractor, , of the Sub -Recipient certifies, by submission of this document, that neither it, its principals, nor affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any Federal department or agency. SUBCONTRACTOR By: Signature Name and Title Street Address City, State, Zip Date 49 City of Aventura Sub -Recipient's Name H1448 DEM Contract Number 4673-305-P03 FEMA Project Number Attachment I Federal Funding Accountability and Transparency Act Instructions and Worksheet PURPOSE: The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on federal awards (federal assistance and expenditures) be made available to the public via a single, searchable website, which is ,vww.usaspending.gov/. The FFATA Sub -award Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management ("FDEM" or "Division") must use to capture and report sub -award and executive compensation data regarding first -tier sub -awards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note: This "Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub - award (Agreement) that obligates $25,000 or more in federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT #: 4673-305-P03 FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ 204,514.00 OBLIGATION/ACTION DATE: March 11, 2026 SUBAWARD DATE (if applicable): UEID/SAM#: YLHMQ9QQ1LT9 UEI D/SAM# +4: 50 *If your company or organization does not have a UEID/SAM number, you will need to obtain one from https://sam.gov/content/entity-registrationThe process to request a UEID/SAM number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY PARENT COMPANY UEID/SAM# (if applicable): STATE ZIP CODE+4** CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA#): DESCRIPTION OF PROJECT (Up to 4000 Characters) The Scope of Work for this Hazard Mitigation Grant Program (HMGP) Watershed Planning Program project, the Division shall coordinate with eligible Florida entities (Sub -Recipients) to produce a Watershed Master Plan (WMP) for credit under Community Rating System (CRS). This project is preceded by the WMP Pilot Program, which consisted of research and the creation of guidance materials to ensure a consistent statewide approach to WMP development. The purpose of a Watershed Master Plan (WMP) is to equip communities with a decision -making tool aimed at reducing the risk of increased flooding from future conditions, such as new development, redevelopment, and the impacts of climate change and sea level rise, across a watershed or community. WMP's enable communities to understand current watershed behavior and flooding issues while proactively planning for future challenges driven by growth and climate -related factors. This project shall result in the development of Watershed Master Plans (WMPs) for National Flood Insurance Program (NFIP) participating communities throughout Florida. These plans shall be conducted and developed in accordance with FEMA's standard practices for mitigation planning, ensuring maximum public engagement throughout the process. The Sub -Recipient shall follow the Credit Criteria for Element WMP under CRS Activity 452.b (refer to the CRS Coordinator's Manual and additional guidance materials). WMPs will be developed in alignment with the 2021 Addendum and the 2017 National Flood Insurance Program's Community Rating System Coordinator's Manual, among other requirements. The Sub -Recipient shall finalize the process by submitting their WMP to ISO/CRS for review and providing the Division with a signed letter from their applicable county's Local Mitigation Strategy (LMS) Chairperson attesting that the WMP shall be adopted in the Sub -Recipient's next LMS update. Guidance materials produced in the WMP Pilot Program can be found at: https://www.floridadisaster.org/dem/mitigation/watershed-planning/. Verify the approved project description above, if there is any discrepancy, please contact the project manager. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): 51 ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide) receive (a) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 C.F.R. 170.320; , (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes ❑ No ❑ If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No'; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 C.F.R. Ch. 1 Part 170 Appendix A: "Executive" is defined as "officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: Salary and bonus. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. 52 iii. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above -market earnings on deferred compensation which is not tax -qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank (Highest to Lowest) Name (Last, First, MI) Title Total Compensation for Most Recently Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: 53 Attachment J Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the sub -recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200 —Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. Part 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or 1 For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, sub - recipient may include the provision in its subcontracts. 54 repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2 (a) and the recipient or Sub -recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -recipient must comply with the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 C.F.R. 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689 (3 C.F.R. Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) —Contractors that apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) See 2 C.F.R, § 200.323 Procurement of recovered materials. (K) See 2 C.F.R, §200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See 2 C.F.R, §200.322 Domestic preferences for procurements (Appendix 11 to Part 200, Revised Eff. 11/12/2020). 55 FEMA created the 2019 PDAT Contract Provisions Template to assist non -Federal entities. It is available at https://www.fema.gov/media-library-data/1569959119092- 92358d63e00d17639d5db4de015184c9/PDAT ContractProvisionsTemplate 9-30-19.pdf. Please note that the sub -recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix 11. Attachment K Certification Regarding Lobbying Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement will exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix 11(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. ❑ This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement will be less than $100,000. APPENDIX A. 44 C.F.R. PART 18— CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official Name and Title of Sub-Recipient/subcontractor's Authorized Official Date 57 Attachment L Florida Accountability Contract Tracking System (FACTS) Requirements for Non-profit Organizations Under Section 216.1366, Florida Statutes Instructions and Worksheet CONTRACT DOCUMENTATION REQUIREMENTS Section 216.1366, F.S., amended in 2023, establishes new documentation requirements for any contract for services executed, amended, or extended on or after July 1, 2023, with non-profit organizations as defined ins. 215.97 (2)(m). F.S. The contract must require the contractor to provide documentation that indicates the amount of state funds: • Allocated to be used during the full term of the contract for remuneration to any member of the board of directors or an officer of the contractor. • Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be included in the contract tracking system maintained pursuant to s. 215.985 F.S. and must be posted on the contractor's website if the contractor maintains a website. • As used in this subsection, the term: o "Officer" means a Chief Executive Officer (CEO), Chief Financial Officer (CFO), Chief Operating Officer (COO), or any other position performing an equivalent function. o "Remuneration" means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, severance payments, incentive payments, contributions to a retirement plan, or in -kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing, and meals. o "State funds" means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the state for distribution through any grant program. The term does not include funds used for the state Medicaid program. Note: This "Instructions and Worksheet" is meant to explain the requirements of the Section 216.1366, F.S., amended in 2023, and give clarity to the attached form distributed to recipients and sub -recipients for completion. All pertinent information below should be filled out, signed, and returned to the project manager. NON-PROFIT ORGANIZATION REMUNERATION INFORMATION 1. Is your business or organization a non-profit organization as defined ins. 215.97 (2)(m). F.S.? Yes ❑ No ❑ If the answer to Question 1 is "Yes," continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2. Will state funds be used as remuneration to any member of the board of directors or an officer in your business or organization? Yes ❑ No ❑ 58 If the answer to Question 2 is "Yes," provide the information required in the "Total Compensation Paid to Non - Profit Personnel Using State Funds" form below. A separate form should be completed for each member of the board of directors or officer being compensated using state funds. If the answer to Question 2 is "No", move to the signature block below to complete the certification and submittal process. Total Compensation Paid to Non -Profit Personnel Using State Funds Name: Title: Agency Agreement/Contract # Total Contract Amount Contract Term: Line Item Budget Category Total Amount Paid Amount Paid from State Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In -Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: 59 ATTACHMENT M FOREIGN COUNTRY OF CONCERN AFFIDAVIT - PERSONAL IDENTIFYING INFORMATION CONTRACT Section 287.138, Florida Statutes, prohibits a Florida "Governmental entity"2 from entering into or extending contracts with any other entity whereby such a contract, or extension thereof, could grant the other entity access to an individual's personal identifying information if that entity is associated with a "Foreign Country of Concern."3 Specifically, section 287.138(2), Florida Statutes, prohibits such contracts with any entity that is owned by the government of a Foreign Country of Concern, any entity in which the government of a Foreign Country of Concern has a "controlling interest,"4 and any entity organized under the laws of or which has its principal place of business in a Foreign Country of Concern. As the person authorized to sign on behalf of Respondent, I hereby attest that the company identified above in the section entitled "Respondent Vendor Name" is not an entity owned by the government of a Foreign Country of Concern, no government of a Foreign Country of Concern has a controlling interest in the entity, and the entity has not been organized under the laws of or has its principal place of business in a Foreign Country of Concern. I understand that pursuant to section 287.138, Florida Statutes, I am submitting this affidavit under penalty of perjury. Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Certified By: AUTHORIZED SIGNATURE Print Name and Title: Date: 2 As defined in Section 287.138 (1)(d), Florida Statutes. 3 As defined in Section 287.138 (1)(c), Florida Statutes. 4 As defined in Section 287.138 (1)(a), Florida Statutes. 60 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission , FROM: Bryan Pegues, City Manager //' DATE: July 2, 2026 SUBJECT: IT Server Room HVAC Replacement — Award of Contract July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the replacement of the IT Server Room HVAC system and award a contract to Southern Comfort Solutions in the amount of $124,920. BACKGROUND The existing IT Server Room HVAC infrastructure consists of three original -build cooling units, each rated at approximately 5 tons and now exceeding 15 years of service life. The condenser coils on these units have experienced structural failure, resulting in multiple ongoing refrigerant leaks. To prevent thermal overload and maintain server room uptime, the City's in-house HVAC technician is currently required to recharge the systems with refrigerant daily. This practice is not sustainable and does not meet current standards for mechanical system integrity. The associated condenser units are mounted on the east second -floor roof, an area constructed with an outward -sloping architectural profile that provides no direct maintenance access. As a result, any service activity requires the rental of a boom lift at an approximate cost of $5,000 per deployment, significantly increasing operational expenses and complicating routine maintenance. To address these deficiencies, staff evaluated replacement options and recommends installation of a modern inverter -driven HVAC system. This technology will reduce electrical consumption through variable -speed operation and improved load matching. The new condenser units will be installed on the third -floor balcony, providing safe, direct access for future service and inspections. Southern Comfort Solutions submitted the lowest responsive bid at $124,920 for a turnkey installation that includes: • Four 5 -ton Mitsubishi commercial inverter condensers • Four compatible air -handling units • All required electrical, mechanical, and control integrations Two additional bids were received: • Air at Your Door: $131,500 • El Puro Repairs and Maintenance: $137,726 This modernization project will eliminate ongoing refrigerant losses, reduce energy consumption, and ensure long-term reliability for the City's critical IT infrastructure. The project will be funded from FY26 Capital Improvement Program, Public Building and Facility Improvement Projects. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE AWARD OF A CONTRACT TO SOUTHERN COMFORT SOLUTIONS FOR THE REPLACEMENT OF THE IT SERVER ROOM HVAC SYSTEM IN AN AMOUNT NOT TO EXCEED $124,920; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the existing IT Server Room HVAC units have exceeded their service life and are experiencing ongoing refrigerant leaks; and WHEREAS, staff recommends replacement with a modern inverter -driven HVAC system and relocation of condensers to the third -floor balcony for safe access; and WHEREAS, Southern Comfort Solutions submitted the lowest responsive bid of $124,920; and WHEREAS, the City Commission finds that approval of a contract with Southern Comfort Solutions for an IT Server Room HVAC system is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. That the City Commission approves the award of a contract to Southern Comfort Solutions in an amount not to exceed $124,920. Section 3. That the City Manager is authorized to execute all necessary documents to implement the project. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg City of Aventura Resolution No. 2026 - PASSED AND ADOPTED this 7th day of July, 2026. 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 Quote # 26-347 Proposal Southern Comfort Solutions, Inc. P.O. Box 961482 Miami, FL 33296-1482 (305) 233-3192 Fax (305) 386-5146 State License # CAC1822559 Proposal Submitted To: Date: 4/29/2026 City of Aventura 3385 NE 188th Street Aventura, FL 33180 Attn: Angel Blanco We hereby submit specifications and estimate for: (3) New Mitsubishi 5 -Ton Inverter Complete Systems & (1) 5 -Ton system With (2) 24K BTU Ceiling Cassettes and (1) 12K BTU Ceiling Cassette. 1. Removal of (3) existing IT Room split systems. 2. Run new refrigerant lines from balcony CU's to indoor units. 3. Mount new condensers to balcony floor with hurricane approved tie downs. 4. New indoor vertical AHU's units will be placed where the existing ones are. 5. Install a new 5 -Ton Three Circuit Mini -Split system with (2) 24K BTU Ceiling Cassettes for the 911 Room and a 12K BTU Ceiling Cassette for the server room. 6. Run new refrigerant lines with the required branch circuit boxes, isolation valves and all necessary piping accessories for the three -circuit system. 7. Reconnect drains to existing drain lines for the IT room units. 8. Run new drain lines from 911 ceiling cassettes to closest IT room AHU. Run drain line from 12K BTU ceiling cassette to janitor closet. 9. Certified Diamond Designer using the MEUS Diamond System Builder. 10. Trane factory start-up. 11. Crane Service. Equipment Information: (3) TRANE MITSUBISHI Variable Refrigerant Flow — HEAT PUMP Systems — as follows: 3 — 60MBH Heat Pump condensing unit 2,000 Hrs. Salt Spray Manufacturer Coating Inverter driven compressor 208-230/1/60 R -454B Refrigerant Equipment 3 — 54MBH Multi -Position Ducted Indoor Units Programmable wired thermostat, 1 per indoor unit Floor condensate overflow electronic sensor, 1 per unit Port Adapters as Required Local Equipment & Installation Supervisory Technical Support Full Trane/Mitsubishi Factory Elite Startup Five (5) year Trane Factory Labor Warranty (1) TRANE MITSUBISHI Variable Refrigerant Flow — HEAT PUMP Systems — as follows: 1 — 60MBH Heat Pump condensing unit 2,000 Hrs. Salt Spray Manufacturer Coating Inverter driven compressor 208-230/1/60 R -454B Refrigerant Equipment 2 — 24MBH 4 -Way Ceiling Cassette Indoor Units Integral Condensate Lift Pumps Cassette Decorative Grilles 1 — 12MBH 4 -Way Ceiling Cassette Indoor Unit Integral Condensate Lift Pump Cassette Decorative Grille Programmable wired thermostat, 1 per indoor unit Isolation ball valves, 2 per port on branch controller / indoor air handler Port Adapters as Required Local Equipment & Installation Supervisory Technical Support Full Trane/Mitsubishi Factory Elite Startup Five (5) year Trane Factory Labor Warranty Warranty Information: The parts are warranted to the original owner for a period of one (1) year from the date of installation by a licensed contractor. The compressor is warranted to the original owner for a period of seven (7) years from the date of installation by a licensed contractor. The parts and compressor will be warranted for a period of ten (10) years to the original owner if the following conditions are met: 1) The system is designed by a Certified Diamond Designer using the MEUS Diamond System Builder (SCS is Certified for this). 2) The installing contractor has successfully completed the CITY MULTI MEUS approved training course (SCS has this Certification). 3) The contractor has submitted a completed and approved MEUS Extended Warranty Process report. These limited warranties DO NOT include labor or any other costs incurred for service, maintenance, repair, removing, replacing, installing, complying with local building and electric codes, shipping, handling or replacement of the System, compressors or other parts. Exclusions: Additional refrigerant leak sensors/monitors, ASHRAE 15 compliance calculations, any fire rated compliance materials, any mechanical ventilation accessories, emergency start/stop, BACnet interface or license, central control panel, control and sensor wiring, tie into existing BAS, damper interlock, external filter boxes for ceiling concealed units, auxiliary drain pans, drain pan level sensor, condensing unit stand, low ambient kit, condenser coil hail guards, smoke detectors, disconnects any high/ low voltage wiring, testing, balancing and any item not listed above. Total Material Cost $100,200.00 Total Labor Cost $ 24,720.00 Total Job Cost $124,920.00 Payment to be made as follows: 50% Upon Issuance of Purchase Order. 50% Upon Completion. All Material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to best industry practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon a work order and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Authorized Signature ________ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager 1i DATE: July 2, 2026 SUBJECT: Authorization for GIT Consulting, LLC to Prepare the Watershed Master Plan July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission authorize the City Manager to issue a Work Authorization to GIT Consulting, LLC, in an amount not to exceed $269,266, to complete the City of Aventura Watershed Master Plan under the City's CCNA-procured Continuing Services Contract. BACKGROUND FDEM has approved the City's Watershed Planning Grant under HMGP DR -4673 Ian, awarding $272,686 with a 25% non-federal match. The Watershed Master Plan is required for the City to advance its Community Rating System (CRS) classification and improve long-term flood resilience. GIT Consulting, LLC holds an active Continuing Services Contract with the City and is fully eligible to perform this professional engineering work. The firm has completed similar watershed and stormwater resilience planning efforts for Miami -Dade County, demonstrating direct experience with regional hydrologic modeling, drainage system assessment, and climate -related vulnerability analysis. Their fee estimate covers all required tasks, including data collection, modeling, alternatives development, and preparation of the final plan. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A WORK AUTHORIZATION TO GIT CONSULTING, LLC TO PREPARE THE CITY'S WATERSHED MASTER PLAN UNDER THE CITY'S CONTINUING SERVICES CONTRACT PROCURED PURSUANT TO THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT (CCNA); PROVIDING FOR A FEE NOT TO EXCEED $269,266; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO IMPLEMENT THE PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission previously authorized submission of a Watershed Planning Grant application under the Hazard Mitigation Grant Program (HMGP) DR -4673 Ian; and WHEREAS, the Florida Division of Emergency Management (FDEM) has approved the City's grant application and awarded $272,686, with a required 25% non-federal match, to support development of the City's Watershed Master Plan; and WHEREAS, the Watershed Master Plan is essential for advancing the City's Community Rating System (CRS) classification, and under CRS rules, no community may achieve Class 4 or better without an adopted Watershed Master Plan; and WHEREAS, the City maintains an active Continuing Services Contract with GIT Consulting, LLC (the "Consultant"), procured in accordance with the Consultants' Competitive Negotiation Act (CCNA), which authorizes the City to issue task -specific Work Authorizations for professional engineering services; and WHEREAS, the Consultant has performed similar watershed and stormwater resilience planning work for Miami -Dade County, demonstrating relevant regional expertise; and WHEREAS, the Consultant has submitted a fee proposal for preparation of the Watershed Master Plan in an amount not to exceed $269,266, consistent with the terms of the City's continuing contract; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. City of Aventura Resolution No. 2026 - Section 2. Authorization. That the City Manager is hereby authorized to issue a Work Authorization to Consultant, under the City's CCNA-procured Continuing Services Contract, in an amount not to exceed $269,266, for preparation of the City of Aventura Watershed Master Plan. Section 3. Implementation. That the City Manager is further authorized to execute all documents, amendments, assurances, and certifications necessary to administer the grant and implement the Watershed Master Plan. 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of July, 2026. 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 Work Authorization Title No. Consultant Master Contract Name Fiscal Year City of Aventura Watershed Masterplan PW-2026-6 Effective Date 7/7/2026 GIT Consulting, LLC Professional Services Agreement Between City of Aventura and GIT Consulting, LLC 2026 Organization Code 41060000 Point of Contact Georgio Tachiev, PE, PhD Master Contact May 7, 2027 Expiration Date Amount Object Code $269,266 531010 1. Purpose This Work Authorization ("WA") is issued pursuant to the Professional Services Agreement ("PSA") between the City of Aventura and GIT Consulting, LLC, dated May 7, 2024. This WA authorizes the Consultant to provide professional services for the preparation of the City's Watershed Master Plan. 2. Scope of Work See Exhibit "A". 3. Deliverables See Exhibit "A". 4. Period of Performance Services authorized under this Work Authorization shall commence on the effective date and be completed within a 12 -month period thereafter. Any extension or renewal must be authorized in writing by the City of Aventura. 5. Fees Payments shall be made in accordance with the terms specified in the PSA. Fee for this service shall be Lump sum with a budget of $269,266. Page 1 of 2 6. Acceptance and Approval CITY OF AVENTURA Bryan Pegues, City Manager Date Jake Ozyman, Public Works Director Date CONSULTANT Georgio Tachiev, PE, PhD Date Page 2 of 2 Exhibit "A" Scope of Work City of Aventura Watershed Masterplan 1. Project Background and Context Aventura is a highly urbanized coastal municipality within northeastern Miami -Dade County. Local flood behavior is influenced by flat terrain, shallow groundwater conditions, tidal backwater at drainage outfalls, intense short -duration rainfall, constrained right of way, and a stormwater system that must perform under both daily nuisance conditions and larger design events. In this setting, localized flooding can result from combinations of inadequate inlet capture, pipe system surcharge, outfall tailwater control, limited available storage, and reductions in hydraulic efficiency associated with downstream tide levels. A watershed master plan for Aventura therefore requires a citywide planning framework rather than isolated site -specific drainage reviews. The work needs to integrate available system inventory information, geospatial datasets, historical complaints, regulatory context, hydrologic and hydraulic analyses, and planning -level alternatives into one document that the City can use for capital programming, flood mitigation policy, interagency coordination, and future design development. The resulting document will function as both a technical planning report and an implementation roadmap. The proposed scope also recognizes that Aventura is a built -out community with continuing redevelopment activity. Under those conditions, flood risk planning must account for existing infrastructure limitations, long-term changes in impervious cover and drainage patterns, roadway service expectations, emergency access, flood exposure of public facilities and neighborhoods, and the effect of sea level rise on the operating range of gravity drainage systems. These factors make a watershed -scale evaluation appropriate for both current conditions and long-range capital planning. 2. Primary Objectives of the Watershed Master Plan The Watershed Master Plan will establish a comprehensive technical basis for understanding how runoff is generated, conveyed, stored, and discharged across the City of Aventura under existing, future, and fully developed conditions. The plan will characterize the City's drainage basins and sub -basins, define the relationship between topography and the stormwater collection system, and identify how local conveyance limitations interact with tailwater control at downstream discharge points. The work will move beyond a simple model build and will produce a planning document that explains system behavior, prioritizes deficiencies, and converts engineering findings into implementable projects and policies. A central objective of the Watershed Master Plan is the evaluation of the existing stormwater system as an interconnected network. This effort will include compilation and review of available storm sewer records, structures, outfalls, inlets, discharge controls, exfiltration features where applicable, roadway drainage patterns, known bottlenecks, and maintenance or operational constraints. The analysis will identify locations where flooding is driven by insufficient capture capacity, limited pipe conveyance, hydraulic grade line exceedance, downstream tailwater, localized low points, or cumulative effects across multiple basins. The report will document not only where flooding occurs, but also the mechanisms that produce the flooding. GIT Consulting, LLC 1 Exhibit "A" Scope of Work City of Aventura Watershed Masterplan Another primary objective is the development of flood hazard mapping that is usable for planning and decision -making. The plan will generate maps and exhibits that show modeled flood response for selected design events, problem area extents, system constraints, and vulnerable public assets and neighborhoods. These mapping products will support identification of recurring flood -prone areas, comparison of existing and future conditions, and screening of improvement concepts. Mapping will be prepared in a format that can be incorporated into City planning discussions, capital programming, public communication, and subsequent project development. The Watershed Master Plan will also provide a long-term capital improvement strategy for the City's drainage and flood mitigation needs. The scope includes development and screening of projects such as system conveyance upgrades, inlet and outfall improvements, localized storage, pump station concepts where warranted, backflow control measures, green infrastructure opportunities, resilience measures for tidal influence areas, and operational or maintenance actions that improve level of service. Each recommendation will be tied to a documented flood problem, a planning rationale, and an implementation pathway. The report will prioritize improvements using criteria such as expected flood risk reduction, feasibility, order -of -magnitude cost, constructability, right-of-way implications, co -benefits, and consistency with City goals. A further objective is to define how the City's stormwater system and flood risk are expected to change over time. The plan will compare current conditions with future land use and fully developed conditions, and it will evaluate how changing runoff characteristics, redevelopment patterns, and sea level rise may alter the performance of existing infrastructure. This long-range planning perspective is necessary for a built urban environment in which capital improvements must be staged over multiple budget cycles and coordinated with transportation, utility, parks, and redevelopment initiatives. The Watershed Master Plan will also identify policy, programmatic, and coordination measures that complement capital improvements. These may include revisions to stormwater design criteria, project prioritization procedures, maintenance strategies, redevelopment standards, adaptation planning measures, data management practices, and coordination with county and regional mitigation planning efforts. The plan will therefore serve not only as a record of technical analysis, but also as a management tool for implementation over the near, medium, and long term. 3. Relation to Existing Planning and Regulatory Context The Watershed Master Plan will be prepared within the framework established by the City's adopted ordinances, design practices, floodplain management responsibilities, and related planning documents. Relevant materials include the City's flood protection information resources, prior public information and resilience efforts, Miami -Dade County mitigation planning materials, and the technical expectations stated in the work authorization. The scope also includes review of how the completed plan can inform broader municipal decision - making. The final report will provide technical support for capital improvement programming, policy updates, grant positioning, and prioritization of future drainage studies and design packages. The plan is intended to create continuity between existing datasets and future project delivery rather than remain a stand-alone report. GIT Consulting, LLC 2 Exhibit "A" Scope of Work City of Aventura Watershed Masterplan 4. Current CRS Status and Secondary Program Benefits The Community Rating System is relevant to the project because watershed -based planning and documented flood mitigation actions can support floodplain management program credit under the National Flood Insurance Program framework. However, for this assignment CRS is a secondary benefit of the Watershed Master Plan rather than the principal objective. The project will be structured first as a citywide stormwater and flood risk planning effort, and the resulting technical products will then be organized so they can also support applicable CRS documentation. Available public sources indicate that Aventura is an active CRS participant, although the publicly accessible sources are not fully consistent. The City's flood protection webpage states that Aventura holds a Class 7 rating, while FEMA's CRS Eligible Communities listing effective April 1, 2026 identifies Aventura as Class 6 with an effective date of October 1, 2025. The scope therefore includes confirmation of the City's current standing and documentation needs at project initiation so the report can be aligned with the most current baseline. The most relevant CRS linkages are expected in Activity 450, Stormwater Management, and Activity 510, Floodplain Management Planning. The Watershed Master Plan can provide defensible system inventory, flood hazard analysis, future condition evaluation, mitigation action development, and implementation tracking support for those activities. The plan can also provide technical content for public information and local mitigation planning coordination. These programmatic benefits will result from the Watershed Master Plan if the work products are assembled in a clear and traceable manner. The table below summarizes the principal CRS -related areas that can benefit from the Watershed Master Plan as a secondary outcome of the assignment. CRS Activity / Program Area Connection to Watershed Resulting Benefit Master Plan Activity 450 Stormwater Watershed -scale runoff Provides technical Management evaluation, drainage system documentation for assessment, future condition stormwater management analysis, and identification of planning and improvement management measures. prioritization. Activity 510 Floodplain Hazard identification, Strengthens mitigation Management Planning problem statements, action planning support and development, implementation traceability of recommended strategy, and plan actions. maintenance framework. Public Information and Flood maps, risk descriptions, Improves consistency Outreach and project narratives between technical findings developed in the plan can and community support outreach materials. communication. Local Mitigation Strategy Plan findings and projects can Improves alignment of City coordination be coordinated with the priorities with county and Miami -Dade LMS process state mitigation planning. and future mitigation funding requests. GIT Consulting, LLC 3 Exhibit "A" Scope of Work City of Aventura Watershed Masterplan 5. Proposed Scope of Work The following tasks and subtasks expand the work authorization into a detailed scope of services. The tasks are organized to produce a watershed master plan that is technically complete, administratively traceable, and directly useful to the City for planning and implementation. Task 1. Project Initiation and Management Framework 1.1. Conduct a kickoff meeting with City staff to confirm project objectives, communication protocol, schedule, available datasets, and review milestones. 1.2. Review the work authorization, available City studies, relevant drainage and flood -related ordinances, prior assessments, public information materials, and capital planning information. 1.3. Confirm study area boundaries, sub -basin framework, assumptions log, quality control procedures, and report outline. 1.4. Confirm current CRS classification and related documentation needs so those items can be coordinated during report development without shifting the primary focus of the assignment. 1.5. Prepare a basis -of -work memorandum summarizing available information, data limitations, and agreed technical approach. Task 2. Data Inventory and Existing Conditions Characterization 2.1. Compile available topographic, survey, GIS, land use, zoning, soil, imperviousness, rainfall, tide, flood complaint, and infrastructure datasets. 2.2. Inventory the existing drainage system, including storm sewers, structures, inlets, outfalls, pumps where applicable, and known hydraulic constraints. 2.3. Identify critical facilities, transportation corridors, utility assets, public sites, vulnerable areas, and other locations relevant to flood exposure and emergency access. 2.4. Review data quality, age, coverage, and suitability for modeling and mapping; identify data gaps and limitations. 2.5. Prepare existing conditions figures and exhibits for inclusion in the preliminary Watershed Master Plan. Task 3. Stormwater System Assessment and Problem Area Definition 3.1. Characterize how the existing drainage system performs under typical and design -event conditions based on available records, hydraulic connectivity, and field -verified information where available. 3.2. Define recurring problem areas and categorize the governing flood mechanisms, such as inlet limitation, pipe surcharge, downstream tailwater, insufficient storage, or local grading control. 3.3. Document the relationship between observed complaints or historic issues and the physical features of the stormwater system. 3.4. Prepare basin summaries and problem statements that will be carried forward into the alternatives analysis. GIT Consulting, LLC 4 Exhibit "A" Scope of Work City of Aventura Watershed Masterplan Task 4. Hydrologic and Hydraulic Modeling 4.1. Develop a watershed -scale hydrologic and hydraulic model using an accepted method appropriate for local drainage analysis and flood mapping. 4.2. Establish model schematization, design storm selection, rainfall distributions, boundary conditions, and representation of the existing drainage system. 4.3. Simulate current or existing conditions for the 10 -year, 25 -year, and 100 -year storm events consistent with the work authorization. 4.4. Simulate future land use and fully developed conditions and compare runoff response, flood extents, and system performance. 4.5. Evaluate the effect of redevelopment in built -out areas where local drainage response may change under infill or corridor improvements. 4.6. Perform calibration checks or reasonableness evaluations against available observations where feasible and document model limitations. 4.7. The modeling effort will include model setup, QA/QC, design -storm simulations, future - condition simulations, results review, mapping support, and documentation sufficient for planning -level Watershed Master Plan use. Task 5. Climate Change and Sea Level Rise Evaluation 5.1. Evaluate the effect of sea level rise on the 100 -year rainfall event using the NOAA Intermediate scenario and additional future scenarios as appropriate to bracket long-term risk. 5.2. Assess the effect of tailwater increases on outfall efficiency, flood depths, storage behavior, and duration of inundation. 5.3. Identify areas where climate and sea level rise materially change project prioritization, level of service, or implementation sequencing. 5.4. Document the findings in a format that can support both technical planning and future resilience coordination. Task 6. Improvement Alternatives and CIP Strategy 6.1. Develop a broad range of management alternatives, including conveyance improvements, inlets, outfall modifications, pumping concepts, backflow prevention, storage, green infrastructure, operational changes, and policy measures as appropriate. 6.2. Screen alternatives using criteria such as flood reduction benefit, constructability, right- of-way constraints, order -of -magnitude cost, implementation complexity, and consistency with City goals. 6.3. Prepare planning -level concept descriptions for priority projects and identify the basins or neighborhoods served by each measure. 6.4. Develop a phased capital improvement strategy that distinguishes near -term, medium - term, and long-term actions and identifies dependencies among projects. 6.5. Identify complementary policy and maintenance measures that improve system performance or preserve future project benefits. Task 7. Flood Mapping, Reporting, and Preliminary Watershed Master Plan 7.1. Prepare flood maps, system exhibits, problem area figures, and summary tables for use in the preliminary Watershed Master Plan. GIT Consulting, LLC 5 Exhibit "A" Scope of Work City of Aventura Watershed Masterplan 7.2. Prepare flood mapping and exhibits for selected existing, future, and sea level rise/tailwater scenarios as needed to support the preliminary and final Watershed Master Plan. 7.3. Prepare the preliminary report with sections covering background, data inventory, existing system characterization, modeling approach, results, flood hazard mapping, alternatives, and implementation strategy. 7.4. Submit the preliminary Watershed Master Plan to the City for review and support transmittal to the Division. Task 8. Review Resolution, Final Plan, and Adoption Support 8.1. Compile review comments from the City and the Division and prepare a response matrix. 8.2. Revise the model documentation, mapping, narratives, and recommendations as needed to address comments. 8.3. Coordinate with the applicable Local Mitigation Strategy working group so the completed plan can be used in future mitigation planning consistent with the work authorization. 8.4. Prepare the final Watershed Master Plan for City consideration and adoption. 8.5. Provide final electronic deliverables, supporting graphics, and organized technical files as agreed. 6. Required Depth of Discussion and Technical Standard The Watershed Master Plan will be developed at a level of detail suitable for review by the City and the Division and suitable for subsequent use in planning, capital programming, and future project development. Each major section of the report will include enough explanation to show the basis of the conclusions rather than only presenting summary findings. The data inventory section will distinguish available data, data used in analyses, data found to be unsuitable, and data gaps that affect uncertainty. The modeling section will identify the analytical platform, model structure, design storms, assumptions, boundary conditions, and limitations. The alternatives section will document how candidate projects were screened, prioritized, and organized into a capital strategy. The report will also distinguish observed conditions, modeled results, inferred flood mechanisms, and recommended actions. That distinction is important for technical defensibility, internal decision -making, future funding support, and any later use of the document for CRS or mitigation planning documentation. Maps and tables will be prepared with clear legends, titles, scales, and source notes so that the final report can function as a planning record as well as an engineering analysis document. 7. Deliverables The scope of services includes the following deliverables: kickoff and basis -of -work memorandum; ii. data inventory and existing conditions exhibits; iii. preliminary Watershed Master Plan; iv. review comment response matrix; GIT Consulting, LLC City of Aventura x000a Watershed Masterplan Exhibit "B" BILLING RATES ($/hr) CITY OF AVENTURA — WATERSHED MASTER PLAN I FEE ESTIMATE $250 $200 $166 $170 $130 $100 $90 Task Description / Scope Item Principal Project Project Project r GIS CADD Manager Engineer Planner 1 Specialist Technician Admin Total Hours Total Fee Project Initiation and Management Framework Task 1 1.1 Kickoff meeting with City staff 5 8 4 4 21 $3,874 1.2 Review authorization, studies, and ordinances 2 8 11 4 2 27 $4,786 1.3 Confirm study area, sub -basin framework, QC plan 2 6 9 5 2 24 $4,024 1.4 Confirm CRS classification and documentation needs 2 4 5 4 2 17 $2,990 1.5 Basis -of -work memorandum 2 8 11 4 25 $4,286 Subtotal — Task 1 $19,960 Task 2 Data Inventory and Existing Conditions Characterization 2.1 Compile topographic, GIS, land use, and infrastructure datasets 2 6 13 4 22 4 51 $7,758 2.2 Inventory existing drainage system 2 7 15 9 11 4 48 $7,020 2.3 Identify critical facilities and vulnerable areas 2 4 11 7 13 4 41 $6,366 2.4 Review data quality and identify gaps 2 4 13 7 4 30 $4,728 2.5 Existing conditionsfgures and exhibits 2 4 7 13 22 5 53 $6,802 Subtotal — Task 2 $32,674 Task 3 Stormwater System Assessment and Problem Area Definition 3.1 Characterize drainage system performance 4 9 26 7 4 50 $8,386 3.2 Define recurring problem areas and flood mechanisms 4 9 20 4 7 4 48 $8,070 3.3 Document relationship of complaints to system features 2 4 13 4 5 4 32 $5,148 3.4 Basin summaries and problem statements 5 9 19 4 4 41 $7,244 Subtotal — Task 3 $28,848 Task 4 Hydrologic and Hydraulic Modeling 4.1 Develop watershed -scale H&H model 4 10 60 7 4 85 $14,230 4.2 Model schematization and boundary conditions 4 7 48 7 4 70 $11,638 4.3 Simulate existing conditions (10-, 25-, 100 -year events) 4 9 40 6 4 63 $10,580 4.4 Simulate future land use and fully developed conditions 4 9 34 4 4 55 $9,324 4.5 Evaluate redevelopment effect on drainage response 2 7 10 4 2 25 $4,260 4.6 Calibration checks and model limitations documentation 5 9 26 5 45 $7,816 Subtotal — Task 4 $57,848 Task 5 Climate Change and Sea Level Rise Evaluation 5.1 Sea level rise evaluation, NOAA Intermediate scenario 4 7 19 5 4 4 43 $7,284 5.2 Tailwater increase and outfall efficiency assessment 4 7 17 4 4 36 $6,102 5.3 Identify SLR impacts on project prioritization 2 4 11 5 4 2 28 $4,676 5.4 Document clim ate findings for resilience coordination 2 4 9 5 4 24 $4,004 Subtotal — Task 5 $22,066 Task 6 Improvement Alternatives and Capital Improvement Strategy 6.1 Develop broad range of management alternatives 5 10 24 9 4 4 56 $9,644 6.2 Screen alternatives using multi -criteria evaluation 4 10 22 7 4 4 51 $8,722 6.3 Planning -level concept descriptions for priority projects 4 9 16 5 7 4 45 $7,366 6.4 Phased capital improvement strategy 4 10 22 7 4 47 $8,202 6.5 Complementary policy and maintenance measures 5 7 11 11 4 38 $6,706 Subtotal — Task 6 $40,640 Task 7 Flood Mapping, Reporting, and Preliminary Watershed Master Plan 7.1 Flood maps, system exhibits, and summary tables 4 9 18 22 24 4 81 $11,408 7.2 Preliminary Watershed Master Plan report 9 13 40 12 7 13 9 103 $16,550 7.3 Submit Dreliminary WIMP and support aaencv review 4 7 11 4 26 $4.586 Task 8 Review Resolution, Final Plan, and Adoption Support 8.1 Compile review comments and prepare response matrix 4 6 13 4 4 31 $5,398 8.2 Revise model, mapping, narratives, and recommendations 4 11 22 4 6 11 4 62 $9,772 8.3 LMS coordination and mitigation planning 4 9 13 6 4 36 $6,338 8.4 Final Watershed Master Plan preparation and adoption 7 12 16 4 4 6 7 56 $9,236 8.5 Final electronic deliverables and organized technical files 2 4 7 4 6 4 27 $3,942 Subtotal — Task 8 $34,686 $269,266 Exhibit "A" Scope of Work City of Aventura Watershed Masterplan v. final Watershed Master Plan; and vi. adoption support materials and organized electronic files. These deliverables expand the concise work authorization language into a practical framework for technical production and quality control. Scope assumptions and exclusions. The scope is for planning -level watershed master planning and does not include final engineering design, signed/sealed construction drawings, detailed survey, geotechnical investigation, permitting applications, bid documents, or construction -phase services unless separately authorized. Review -cycle assumption. The fee assumes one consolidated City/Division review cycle on the preliminary Watershed Master Plan and one final revision cycle. 8. Proposed Schedule Basis The work authorization establishes a 12 -month period of performance. A practical schedule basis allocates early months to initiation, data assembly, and existing conditions characterization; middle months to modeling, flood mapping, climate evaluation, and alternatives analysis; and later months to report preparation, agency review resolution, and final adoption support. This sequence is consistent with the need to define stormwater system deficiencies before finalizing project prioritization and the capital improvement strategy. 9. Conclusion This work scope frames the City of Aventura Watershed Master Plan as a stormwater and flood risk planning assignment first and a CRS -supportive document second. The work emphasizes understanding the performance of the City's drainage system, developing flood mapping and technical findings that are usable for decision -making, and converting those findings into a long- term implementation and capital improvement strategy. That structure aligns the scope with the needs of a built coastal community and with the objectives stated in the work authorization. GIT Consulting, LLC 7 FEMA RELATED CONTRACT CLAUSES CONTENTS A. FEDERAL PARTICIPATION........................................................................................................... 2 B. DAVIS BACON ACT & COPELAND ANTI -KICKBACK ACT COMPLIANCE ........................... 2 C. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(29 CFR 5.5(b))..................................................................................................................................2 D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT ........................... 4 E. CLEAN AIR ACT................................................................................................................................ 4 F. FEDERAL WATER POLLUTION CONTROL ACT..................................................................... 4 G. SUSPENSION AND DEBARMENT................................................................................................... 5 H. BYRD ANTI -LOBBYING AMENDMENT........................................................................................ 5 I. APPENDIX A, 44 C.F.R. PART 18 -CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS..........................................................................................................................................6 J. PROCUREMENT OF RECOVERED MATERIALS.......................................................................... 7 K. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENTOR SERVICES..................................................................................................................... 7 L. DOMESTIC PREFERENCES FOR PROCUREMENTS.................................................................... 9 M. BUILD AMERICA, BUY AMERICA ACT(BABAA)....................................................................... 9 N. ACCESS TO RECORDS....................................................................................................................11 O. FEDERAL AWARDING AGENCY SEAL, LOGO, AND FLAGS..................................................11 P. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, & EXECUTIVE ORDERS ...............11 Q. NO OBLIGATION BY FEDERAL GOVERNMENT.......................................................................11 R. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.. 11 S. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT........................................11 Page 1 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES The work under this Agreement may be funded in whole or in part by funds provided by a federal grant, including funding from Federal Emergency Management Agency (FEMA). Contractor agrees to comply with any additional specific requirements of a Federal Awarding Agency, such as FEMA, at the time a federal funding source is identified. The following contract provisions are required by Appendix II to 2 CFR, Part 200 ("Uniform Guidance"). During the performance of this contract, the Contractor agrees to comply to the terms below, as may be updated from time to time by the Federal Awarding Agency. A. FEDERAL PARTICIPATION The Federal Government is not a party to this Agreement and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from this Agreement. B. DAVIS BACON ACT & COPELAND ANTI -KICKBACK ACT COMPLIANCE (FEMA Funded contracts and subcontracts for construction work over $2,000.00 for construction funded under FEMA's Emergency Management Performance Grant (EMPG), Homeland Security Grant Program (HSGP), Non -Profit Security Grant Program (NSGP), Tribal Homeland Security Grant Program (THSGP), Port Security Grant Program (PSGP), Transit Security Grant Program (TSGP), Intercity Passenger Rail — Amtrack Program (IPR), and Rehabilitation of High Hazard Potential Dam (HHPD) programs). (1) Davis -Bacon Act. If required by a Federal Awarding Agency, Contractor agrees to comply with the requirements of 40 U.S.C. 3141-3144, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). If applicable, contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. A copy of the current prevailing wage determination issued by the Department of Labor will be provided for in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. In the event work under this Agreement is covered by Davis -Bacon, Contractor agrees to enter into an amendment including the provisions of 29 CFR 5.5(a)(1)-(11) in full before covered work begins. Further, Contractor agrees to incorporate the provisions of 29 CFR 5.5(a)(1)-(11) in full into any subcontracts entered for the futherance of the work. (2) Copeland "Anti -Kickback" Act. If required by a Federal Awarding Agency, Contractor agrees to comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The Contractor and the County must report all suspected or reported violations to the Federal awarding agency. C. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (29 CFR 5.5(b)) (Federally funded contracts and subcontracts over $100,000 utilizing mechanics or laborers; the terms "laborers and mechanics includes watchpersons and guards.") Page 2 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (I) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $33.00 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. a. Withholding Process. The County may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this Section, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined ink 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with 29 CFR 5.5(a)(2)(i) or 29 CFR 5.5(b)(3)(i) of this section, or both, over claims to those funds by: (A) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties; (B) A contracting agency for its reprocurement costs; (C) A trustee(s) (either a court -appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate; (D) A contractor's assignee(s); (E) A contractor's successor(s); or (F) A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (5) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (5) of this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower -tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate. Page 3 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES (5) Anti -retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for: a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or d. Informing any other person about their rights under CWHSSA or this part. (6) CWHSSA Records Retention. In the event that a contract is subject only to CWHSSA and not Davis -Bacon, Contractor and its subcontractors must retain regular payrolls and other basic records during the course of the work and must preserve them for a period of three (3) years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker's correct classification(s) of work actually performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wages paid. Further, the records to be maintained under this paragraph must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the County, FEMA, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT In the event that work provided by Contractor meets the definition of "funding agreement" then the provisions of 37 CFR 401 and FEMA's implementing regulations shall apply to this Agreement. E. CLEAN AIR ACT (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Florida, Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. F. FEDERAL WATER POLLUTION CONTROL ACT (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. Page 4 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES (2) The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Florida, Federal Awarding Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. G. SUSPENSION AND DEBARMENT Applicable to federally assisted contracts and subcontracts greater than $25,000. (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. H. BYRD ANTI -LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more, including subcontracts entered into for $100,000 or more, shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Page 5 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES I. APPENDIX A, 44 C.F.R. PART 18 -CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of their knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at alt tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Page 6 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES J. PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii. At a reasonable price. (2) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, Comprehensive Procurement Guideline (CPG) Program US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. K. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES (1) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. (2) Prohibitions. a. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after August 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. b. Unless an exception in paragraph 3 of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or Page 7 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (3) Exceptions. a. This clause does not prohibit contractors from providing: A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. b. By necessary implication and regulation, the prohibitions also do not apply to: i. Covered telecommunications equipment or services that: 1. Are not used as a substantial or essential component of any system; and 2. Are not used as critical technology of any system. ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (4) Reporting requirement. a. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph 4.b of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. b. The Contractor shall report the following information pursuant to paragraph 4.a of this clause: Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii. Within ten (10) business days of submitting the information in paragraph 4.b.i of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and Page 8 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (5) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph 5, in all subcontracts and other contractual instruments. L. DOMESTIC PREFERENCES FOR PROCUREMENTS (1) As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to, iron, aluminum, steel, cement, and other manufactured products). (2) For the purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. M. BUILD AMERICA, BUY AMERICA ACT (BABAA) The BABAA domestic preference requirements are applicable to infrastructure projects funded under subject FEMA financial assistance program awards issued on or after January 2, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated on or after January 2, 2023. For a list of FEMA programs for which BABAA applies, see Programs and Definitions: Build America, Buy America Act I FEMA.gov (https://www.fema.gov/grants/policy- guidance/buy-america/programs-definitions#subject). (1) Architectural and/or Engineering Contracts. Design professionals agree to incorporate the Buy America Preference into planning and design when providing architectural and/or engineering professional services for infrastructure projects. Consistent with the Build America, Buy America Act (BABAA) Pub. L. 117-58 §§ 70901-52, no federal financial assistance funding for infrastructure projects will be used unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. (2) Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to County with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub. L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency; subrecipients will forward disclosures to the pass -through entity, who will, in turn, forward the disclosures to FEMA. (3) For FEMA financial assistance programs subject to BABAA, contractors and subcontractors must sign and submit the following certification to the next tier (e.g., subcontractors submit to the contractor; Page 9 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES contractors submit to the recipient or subrecipient) each bid or offer for an infrastructure project that has not been waived by a BABAA waiver: BUILD AMERICA, BUY AMERICA ACT (BABAA) SELF -CERTIFICATION. (To be submitted with each bid or offer for which BABAA applies.) The undersigned [Contractor] certifies, to the best of their knowledge, that: The Build America, Buy America Act (BABAA) requires that no federal financial assistance for "infrastructure" projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52. The undersigned certifies that for the (project name) that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date Page 10 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES N. ACCESS TO RECORDS The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the County, the State of Florida, the Federal Awarding Agency Administrator, the Comptroller General of the United States, or any of their authorized representatives' access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the Federal Awarding Agency Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) "In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, County and Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. O. FEDERAL AWARDING AGENCY SEAL, LOGO, AND FLAGS The Contractor shall not use the Federal Awarding Agency's seal(s), logos, crests, or reproductions of flags or likenesses of agency officials without specific Federal Awarding Agency preapproval. P. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, & EXECUTIVE ORDERS This is an acknowledgement that Federal financial assistance will be used to fund the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, Federal Awarding Agency policies, procedures, and directives. Q. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. R. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. S. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT The following provision applies for contracts where contractor or subcontractor produces copyrightable subject matter for the County under the Federal award. Work that is subject to copyright, or copyrightable subject matter, includes any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Page 11 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. FEMA RELATED CONTRACT CLAUSES The Contractor grants to the County, a paid -up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. Page 12 of 12 Current with FEMA Contract Provisions Guide, Ver. 2, Eff. Oct. 1, 2024, as updated by FEMA July 2025. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Melissa Cruz, Finance Director DATE: July 2, 2026 SUBJECT: Resolution Setting Forth the Ranking of CPA Firms to Perform Independent Audit Services RECOMMENDATION It is recommended by the Auditor Selection Committee that the City Commission adopt the attached Resolution which sets forth the ranking of firms to perform independent audits of the City's accounts and records. BACKGROUND In accordance with Section 4.11 of the City Charter and various sections of State Statutes, the City is required to have an annual audit of its accounts and records performed by an independent Certified Public Accountant. In addition, Section 4. 11 of the City Charter requires that the audit firm be rotated at least every five (5) years. The City's current auditor, Citrin Cooperman, LLP, have conducted their final City Audit for the period ending September 30, 2025. Their last ACES and first and last DSAHS audits will be conducted for the period ending June 30, 2026, respectively, and as a result were precluded from submitting a proposal. At the April 23, 2026 Commission Workshop, in accordance with State Statute 218.391, the City Commission (by consensus) established the Auditor Selection Committee (the " Committee") consisting of Vice Mayor, Clifford B Ain, Committee Chair, Chris Chiocca, Finance Director — City of Miami Springs, and Geovanne Neste, Finance Director — City of Hallandale Beach to: a) Establish factors in order to evaluate proposals. b) Publicly announce requests for proposals. c) Provide interested firms with a request for proposal. d) Evaluate proposals. e) Rank and recommend (in order of preference) firms deemed to be the most highly qualified proposers. On May 11, 2026, Procurement issued Request for Proposals (RFP) No. 26-005 for Independent Audit Services, advertising it in the Miami -Dade Legal Ad and making the solicitation package available through www.demandstar.com. A non -mandatory pre -proposal conference was held on March 22, 2026 to answer questions from one (1) prospective proposer. Sixteen (16) firms viewed the documents of the RFP. On June 2, 2026, one (1) Addendum was issued to provide clarifications in response to questions submitted by the firms. On June 10, 2026, at 2:00 p.m. EST, Procurement closed and publicly opened the proposals. Although only one firm attended the pre -proposal conference, three firms submitted detailed written proposals, as follows: 1. Caballero, Fierman, Llerena & Garcia, LLP 2. CBIZ CPAs, P.C. 3. PKF O'Connor Davies, LLP Procurement reviewed all submissions to confirm compliance with the RFP requirements. No firms submitted a "No -Bid" response. Reference Checks were conducted on the firms and revealed positive ratings. One (1) firm PKF O'Connor Davies, LLP, was deemed non -responsive due to multiple mandatory submittal deficiencies, including failure to acknowledge Addendum No. 1, incomplete E -Verify documentation, unsigned required forms, and missing vendor references. Two (2) remaining firms, Caballero, Fierman, Llerena & Garcia, LLP and CBIZ CPAs, P.C. were found to be responsive and responsible. Subsequently, each member of the Selection Committee appointed by the City Commission received their evaluation packages that consisted of: proposal, selection committee policies and procedures and the selection scoresheets. Each Selection Committee Member independently reviewed and scored the two (2) responsive and responsible proposals in accordance with the weighted criteria stated in the RFP prior to the scheduled Initial & Final Technical Evaluation Selection Committee Meeting. The Proposal was evaluated based on the following weighted criteria: Criteria Maximum Points Proposer Team's Experience & Background 30pts 1) The firm's past experience and performance as principal auditors in local government engagements. 15pts 2) The quality of the firm's professional personnel assigned to the engagement. 15pts Audit Approach 30pts 1) Adequacy of proposed staffing plan for various segments of the engagement. 15pts 2) Adequacy of the overall audit plan of the engagement. lOpts 3) Functional knoviledge and use of Tyler ERP System. 5pts Capacity 20pts 1) Details of staffing resources and capability to audit computerized system. 10pts 2) Three (3) letters of recommendation from local government clients in which the firm served as principal auditors. 10pts Fee Proposal. Price will be considered as a factor in the 20pts ranking of all the firms On June 30, 2026, although no City employees (e.g., the City Manager or Finance Director) were able to serve as members of the Committee, they were permitted to participate in an advisory capacity. Accordingly, Melissa Cruz (Finance Director), Brent Rogers (Controller), and Peggy Cadeaux (Procurement Manager) attended the Initial & Final Technical Evaluation Selection Committee Meeting held on June 30, 2026, at 10:00 a.m. to assist in facilitating the process. The Selection Committee consisted of: 1. Geovanne Neste — Finance Director, City of Hallandale Beach 2. Christopher Chiocca — Finance Director, City of Miami Springs 3. Cliff Ain — Vice Mayor, City of Aventura 3 The proposals were scored by each Selection Committee members independently as follows: Ranking Cliff Ain Geovanne Neste Christopher Chiocca Total Ranking Caballero Fierman, Llerna 78.41 96.41 96.41 271.23 2 & Garcia, LLP CBIZ CPAS, P.C 93.00 99.00 100 292.00 1 Based on the foregoing, the Committee requests that the City Commission approve the attached resolution establishing a ranking of firms to perform auditing services. A copy of the RFP, submittals by all firms, Bid Tabulation, and other supporting documents are available in the Finance Department. Following the collection of the scoresheets, discussion was initiated by the Committee Chairperson. Geovanne Neste made the first motion to accept the Selection Committee's scores and have Procurement submit the Intent to Award Notice of the Proposed Recommendation of Ranking for approval. This Motion was seconded by Vice Mayor Cliff Ain. The Selection Committee was unanimous in their decision. The Selection Committee's proposed recommendation of ranking was posted on Miami - Dade Legal Ad and DemandStar on June 30th, 2026 through July 2nd, 2026, which provided an opportunity for any proposer or interested parties to present any new or additional information regarding the responsiveness and responsibility of the proposers. There were no additional information submitted within this timeframe. Documentation related to this solicitation may be obtained by emailing cadeauxp(a)-cityofaventura.gov. You may contact the Procurement Office at 305-466- 8925 with any questions. In accordance with State Statute, the selection and negotiation process must proceed as follows: • The Commission shall inquire of qualified firms regarding the basis of compensation, select one of the firms recommended by the Committee, and negotiate a contract. • Because compensation was one of the factors used during the evaluation of proposals, the Commission must either select the highest -ranked qualified firm or document the reason for bypassing the highest -ranked firm. C! • The Commission may select any firm recommended by the Committee and negotiate a contract using an alternative negotiation method, provided that compensation is not the sole or predominant factor used in selecting that firm. • The Commission may designate a representative to conduct negotiations on its behalf. • The method used to select a recommended firm and negotiate a contract must ensure that the agreed -upon compensation complies with State Statute and meets the needs of the Commission. • If the Commission (or its designee) is unable to negotiate a satisfactory contract with any recommended firm, the Committee must recommend additional firms, and negotiations shall continue until an agreement is reached. • An executed engagement letter signed by both parties shall constitute the written contract. Section 218.391, F.S., further requires that the governing body conduct the contract negotiations. Subsection (4)(d) authorizes the governing body to appoint a designee to negotiate on its behalf. At the July 2026 Commission Workshop meeting, the City Manager or his designee will submit a contract for auditing services for Commission consideration and approval based on the negotiations. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE AUDITOR SELECTION COMMITTEE OR ITS DESIGNEE TO NEGOTIATE FOR SAID SERVICES ON BEHALF OF THE CITY OF AVENTURA; 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 its Charter and applicable State law, has requested proposals from Certified Public Accounting firms to perform independent audits of the City's accounts and records; and WHEREAS, said proposals were evaluated by an Auditor Selection Committee consisting of Vice Mayor Clifford B. Ain (Committee Chair), Chris Chiocca (Finance Director — City of Miami Springs) and Geovanne Neste (Finance Director — City of Hallandale Beach); and WHEREAS, said Auditor Selection Committee recommends that the top two ranked firms, based on the firms' experience and qualifications, are: 1) CBIZ CPAS, P.C. and 2) Caballero, Fierman, Llerena & Garcia, LLP; and WHEREAS, the City Commission desires to authorize the Auditor Selection Committee or its designee to negotiate fees with the top ranked firm and with the alternate firm, should negotiations with the top ranked firm be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. The ranking of firms to perform independent auditing service for the City are: 1) CBIZ CPAS, P.C. 2) Caballero, Fierman, Llerena & Garcia, LLP City of Aventura Resolution No. 2026 - Section 3. The firms have been rated on the basis of their experience, qualifications and proposed fee. The final cost shall be negotiated by the Auditor Selection Committee or its designee and approved by the City Commission prior to said firm beginning any 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 top ranked firm, the Auditor Selection Committee or its designee is hereby authorized to negotiate fees with the alternate firm. Section 5. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 6. 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg, Esq. PASSED AND ADOPTED this 7th day of July, 2026. Page 2 of 3 HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Keven Klopp, Community Development Director DATE: July 2, 2026 SUBJECT: Formal Bidding Exemption for 4t" Floor Renovations July 7, 2026 City Commission Meeting Agenda RECOMMENDATION Staff recommends that the City Commission approve an exemption from competitive formal bidding under Section 2-253(6) of the City of Aventura Municipal Code of Ordinances and authorize award of the 4th Floor Community Development Department remodel to A&M Interiors & Services Corp. BACKGROUND The 4th Floor Community Development remodel includes workspace improvements, restroom renovations, and the installation of bullet -resistant glass and doors at the public counter. These enhancements are intended to improve the safety and functionality of the department's primary customer -service area. The public service counter on the 4th floor is the department's principal point of in -person contact with residents, contractors, and visitors, including individuals with code violations. Ensuring that this area is updated and appropriately secured has become an operational priority. To evaluate cost competitiveness, staff obtained the following proposals: • Paradise Construction: $199,421.50 • A&M Interiors & Services Corp: $223,675 • Dan Enterprises (Gordian Job Order Contract): $549,270.07 • DC Services General Contractors: $611,398.86 A&M Interiors offers a competitive price and has performed well for the City in the past, consistently delivering clean work sites and quality results. Although Paradise Construction submitted the lowest numerical cost, staff has direct experience with A&M's workmanship and reliability, which is important for a project occurring in an active operational environment. The JOC and DC Services proposals are significantly higher without a corresponding advantage to the City. Impracticability — Section 2-253(6) Section 2-253(6) allows an exemption from competitive formal bidding when competitive bidding is impracticable, including situations where time constraints do not permit completion of a full competitive process. Initiating a formal solicitation at this time would require the standard 30 -day posting period and subsequent City Commission action. With no Commission meeting scheduled in August, the earliest possible award date would fall in September or early October. This would delay the remodel several months and postpone needed operational improvements to the department's workspace. Under these timing limitations, completing a full competitive bidding cycle within the necessary project schedule is not feasible, making competitive bidding impracticable. The Dan Enterprises proposal —based on a construction task catalog competitively bid by the Gordian Group —could be awarded without the exemption requested herein. However, the City does not have prior experience with Dan Enterprises, and the price is more than double A&M's proposal. CONCLUSION Based on timing constraints, demonstrated contractor performance, cost considerations, and the impracticability of completing a full competitive process within the project timeline, staff finds that the remodel qualifies for exemption under Section 2-253(6) of the City Code. Staff respectfully requests that the City Commission approve the waiver of competitive formal bidding and authorize award of the remodel to A&M Interiors & Services Corp. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, WAIVING THE FORMAL COMPETITIVE BIDDING REQUIREMENTS AND ALLOWING FOR THE AWARD OF A CONTRACT UNDER THE IMPRACTICABILITY JUSTIFICATION PURSUANT TO CITY CODE SECTION 2-253(6); AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $223,675 BY AND BETWEEN THE CITY OF AVENTURA AND A&M INTERIORS AND SERVICES CORPORATION; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Code requires formal competitive bidding for goods and services but allows for an exemption from the process when competitive bidding is impractical; and WHEREAS, City staff has determined that competitive bidding for a renovation project on the fourth floor of City Hall is impracticable due to the compressed project timeline, safety and security needs, and the need for continuity in oversight; and WHEREAS, City staff obtained four price quotations for the renovation project, including one based upon competitively bid construction pricing; and WHEREAS, the City Commission finds that it is in the best interest and welfare of the residents to waive the Code's formal competitive bidding requirements and authorize the City Manager to enter into an agreement with A&M Interiors and Services Corporation for the fourth -floor renovation project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. That the City Manager is hereby authorized to enter into an agreement for Construction Services in an amount not to exceed $223,675 by and between the City and A&M Interiors and Services Corporation; and Section 2. That the City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2026 - 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of July, 2026. 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 OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Keven Klopp, Community Development Director DATE: May 29, 2026 SUBJECT: Request to Amend the Land Development Regulations of the City of Aventura, Section 31-144(c), "Community Business District (B2)" to Allow Hospitals as a Conditional Use - City Case File LDR2605-0001 June 2, 2026 Local Planning Agency Meeting Agenda June 2, 2026 City Commission Meeting Agenda (First Reading) July 7, 2026 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission approve an amendment to Section 31-144(c) Business Zoning District (B2) of the City of Aventura Land Development Regulations (the "LDRs") to allow hospitals if first approved as a conditional use. This change will facilitate the development of "Mount Sinai Medical Center". THE REQUEST The "Applicant", Mount Sinai Medical Center of Florida, Inc., is requesting an amendment to Section 31-144(c), "Community Business District (B2)", Subsection (2), "Conditional Use" to allow hospitals and clinics in this district. The purpose of this amendment is to authorize hospitals and clinics within the district, while explicitly permitting aboveground storage tanks (AST's) as an approved accessory use for any such medical facility. The amendment will facilitate the development of a new Mount Sinai Medical Center hospital facility to replace the existing Mount Sinai Medical Office Building and Emergency Care Center on property located at 2845 Aventura Blvd. The applicant's Letter of Intent is attached as Exhibit #1. BACKGROUND The Applicant proposes replacing the current medical office and emergency care center with an 11 -story (182 -foot) hospital and attached parking garage. The project site is on the north side of Aventura Boulevard, between Biscayne Boulevard and NE 29 Place. LDR2603-0001 Page 2 of 3 The City's zoning currently allows hospitals in Medical Office (MO) and Community Facility (CF) districts. Adding them as a conditional use in the B2 district aligns with the Comprehensive Plan's inclusion of hospitals as allowed uses within the Business and Office land use category. Additionally, the Applicant requests approval for aboveground storage tanks (AST) as a hospital accessory use. Current B2 regulations limit ASTs to emergency generator fuel with a 2,000 -gallon maximum. Because hospitals require larger capacities, this expanded tank approval would be requested as part of the overall hospital conditional use approval application. All other provisions of AST approvals per Section 31-144(c)6 of the LDRs pertaining to permitting and screening requirements still apply. If the proposed amendment to the Land Development Regulations is approved, the next step in the development process will entail a subsequent application for Conditional Use approval to be presented to the City Commission at a public hearing. THE PROPOSED AMENDMENT The proposed amendment to Section 31-144 of the Land Development Regulations is as follows': Sec. 31-144. Business Zoning Districts. (c) Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. * * * (2) Conditional use. The following uses if first approved as a conditional use: * * * g. Hospitals and clinics. 1. Aboveground storage tanks (AST) shall be permitted as an accesso use to any hospital or clinic approved through this section. * * * 1 Underlined text indicates insertions. Stricken -through text indicates deletions. LDR2603-0001 Page 3 of 3 ANALYSIS The request was reviewed by staff under the Section 31-77(g) Standards for reviewing proposed amendments to the text of the LDR of the City Code of Ordinances: (1) The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Land Development Regulations (LDRs). (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan which allows hospitals within the Business and Office land use category. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses in the City. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City as per details provided on Paragraph 3 above. (5) The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process as it provides a process and regulations to implement for approvals of developments in the Community Business Districts. 3 BERCCW J I 11111] RADELL FERNANDEZ LARKIN N TAPANES \ ZONING, LAND USE AND ENVIRONMENTAL LAW May 18, 2026 VIA ELECTRONIC MAIL 200 S. Biscayne Boulevard Mr. Keven Klopp Suite 300, Miami, FL 33131 Community Development Director City of Aventura www.brzoninglaw.com 19200 West Country Club Drive, 4th Floor Aventura, Florida 33180 305.377.6238 office 305.377.6222 fax Re: Letter of Intent — Amendment to Text of Land Development mmarrero@brzoninglaw.com Regulations for Property located at 2845 Aventura Boulevard Dear Mr. Klopp: This law firm represents Mount Sinai Medical Center of Florida, Inc. (the "Applicant"), the owner of the parcel located at 2845 Aventura Boulevard, Aventura, Florida 33180 (the "Property"). This letter shall serve as the Applicant's letter of intent in connection to an application to amend the text of the Land Development Regulations ("LDRs") of the City of Aventura (the "City") Code of Ordinances (the "Code"). Property Description. The Property is located north of Aventura Boulevard, lying east of Biscayne Boulevard and west of NE 29th Place. The Miami -Dade County Property Appraiser's office identifies the Property under Folio No. 28-2203-035-0025. The Property is currently improved with a 184,063 square foot Mount Sinai Medical Center, which includes an Emergency Center, a Cancer Center, a Diagnostic Center, and Physician Offices. The Amendment. The Applicant seeks the approval of an amendment to Chapter 31 of the City Code to allow hospitals and clinics as a conditional use within the Community Business (B2) District (the "Amendment"). The Amendment preserves the fundamental intent and commercial character of the B2 District while expanding the range of permitted uses to address the City's evolving healthcare needs. The Amendment intends to enhance access to essential medical services for residents, employees, and visitors; support public health and safety; and ensure that the City's Mr. Keven Klopp Community Development Director Page 2 land development regulations remain modern and consistent in response to the City's growing population. Specifically, the Amendment modifies Section 31-144(c) of the LDRs to permit hospitals and clinics as a conditional use within the B2 District. The Amendment further allows above- ground oxygen storage tanks as an accessory use to approved hospital or clinic facilities. The Amendment ensures that healthcare uses introduced into the B2 District are appropriately scaled, environmentally responsible, and compatible with surrounding development. The Amendment encourages reinvestment and adaptive use of commercially zoned properties in a manner that advances the City's comprehensive planning goals and fosters a healthy, safe, and sustainable community. Requests. The Applicant seeks approval of the following requests: 1) Amendment to the City's LDRs for the B2 District to establish hospitals and clinics as a conditional use and above ground storage tanks for oxygen as a permitted accessory use as follows: Section 31-144(c)(2)(q) q. Hospitals and clinics. 1. Aboveground storage tanks (AST) for oxygen storage shall be permitted as an accessory use to any Hosoital or Clinic aooroved throuah this section. LDR Amendment Criteria. Section 31-77(g) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to City's LDRs. The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is legally required. The proposed amendment is legally required to allow for the conditional use of hospitals and clinics in the Community Business (B2) District. (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. Bercow Radell Fernandez Larkin & Tapanes 1 305.377.6238 direct 1 305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 3 The proposed amendment modifies the B2 district regulations to add hospitals and clinics as a conditional use. The B2 zoning district implements the policies of the Business and Office future land use designation of the City's Comprehensive Plan, in which the Property is located. The Business and Office future land use designation explicitly accommodates the full range of sales and service activities, including hospitals, medical buildings, and nursing homes. Accordingly, proposed amendment is consistent with the Comprehensive Plan and its goals and objectives. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the LDR and allows for the proliferation of quality healthcare services as encouraged by the Code at a level that is compatible with the surrounding area. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City by enabling a conditional use that is consistent with the intent and purpose of the Town Center land use and zoning designations. (5) The proposed amendment improves the administration or execution of the development process. The proposed amendment will improve the administration or execution of the development process by enabling the development of higher quality projects that better embody the intent and purpose of the Code. For all the foregoing reasons, the applicant respectfully requests your department's favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at (305) 377-6238. Sincerely yours, Michael J. Marrero Bercow Radell Fernandez Larkin & Tapanes 1 305.377.6238 direct 1 305.377.6222 fax I MMarrero@brzoninglaw.com Mr. Keven Klopp Community Development Director Page 4 Enclosures cc: Jeffrey Bercow Benjamin Sherry Zakary Benjelloun Bercow Radell Fernandez Larkin & Tapanes 1 305.377.6238 direct 1 305.377.6222 fax I MMarrero@brzoninglaw.com CITY OF AVENTURA ORDINANCE NO. 2026 _ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 31-144(C), "COMMUNITY BUSINESS (B2) DISTRICT", SUBSECTION (2), "CONDITIONAL USE", TO ESTABLISH HOSPITALS AS A CONDITIONAL USE WITHIN THE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura, Florida (the "City"), finds it periodically necessary to amend its Code of Ordinances (the "City Code") in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, the Applicant, Mount Sinai Medical Center of Florida, Inc., through Application No. LDR2605-0001 has requested from the City an amendment to Section 31-144(c) "Community Business (B2) District", of Chapter 31, of the Land Development Regulations (`LDRs") of the City Code, to allow for hospital and clinic uses as a conditional use in order to expand access to essential medical and healthcare services within the City; and WHEREAS, the City Commission finds allowing hospitals and clinics as a conditional use within the Community Business (B2) District can help address current and future healthcare demands, support public health and safety, and enhance the City's ability to serve its growing and aging population; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes, and as the Local Planning Agency has determined that the proposed amendment is consistent with the applicable provisions of the City Comprehensive Plan; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to amend Section 31-144 of the LDRs as set forth in this Ordinance; and City of Aventura Ordinance No. 2026 - WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. That Section 31-144(c) "Community Business (B2) District" of Article VII "Use Regulations", of Chapter 31 "Land Development Regulations" of the City Code is hereby amended to read as follows': Sec. 31-144. Business Zoning Districts. * * * (c) Community Business (B2) District. This district is intended primarily to provide for general commercial activity for a wide range of goods and services to the entire community and sub region. Such businesses generally require locations convenient for both vehicular and pedestrian traffic and would be expected to have orientation toward and direct access to arterial roadways. * * * (2) Conditional use. The following uses if first approved as a conditional use: * * * g. Hospitals and clinics. 1. Aboveground storage tanks (AST) shall be permitted as an accessory use to any hospital or clinic approved through this section. * * * (5) Site development standards. * * * b. Maximum height: 12 stories or 120 feet overall maximum height, including structure parking, provided that a height limitation of five stories shall apply only for shopping 1 Underlined text indicates additions. Double underline indicates changes made between first and second reading. City of Aventura Ordinance No. 2026 - center buildings which are subject to subsection (5)a.4., above. That portion of the building or structure directly adjacent to and within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet, excepting from this height and spacing requirement an automobile parking garage approved as a conditional use pursuant to subsection 31- 144(c)(2)n, and a hospital or clinic approved as a conditional use pursuant to subsection 31-144(c)(2)a. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Kruss, who moved its adoption on first reading. The motion was seconded by Vice Mayor Ain, and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Yes Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Cindy Orlinsky Yes Vice Mayor Clifford B. Ain Yes Mayor Howard S. Weinberg Yes City of Aventura Ordinance No. 2026 - The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED on first reading this 2nd day of June, 2026. PASSED AND ADOPTED on second reading this 7th day of July, 2026. 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. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Keven Klopp, Community Development Director DATE: July 2, 2026 SUBJECT: Request to Amend the Land Development Regulations of the City of Aventura to Create Section 31-144(g) "Aventura Metropolitan Urban Center Zoning District Overlay" - City Case File LDR2606-0001 July 7, 2026 Local Planning Agency Meeting Agenda July 7, 2026 City Commission Meeting Agenda (First Reading) July 23, 2026 City Commission Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission initiate a proposed amendment to Section 31-144 "Business Zoning Districts" to create Section 31-144(g) "Aventura Metropolitan Urban Center Zoning District Overlay" to provide zoning regulations consistent with the "MUC" notation on the Future Land Use Map of the City's Comprehensive Plan ("FLUM"). THE REQUEST City Commission is requesting the creation of a new Metropolitan Urban Center Zoning District Overlay within Section 31-144 "Business Zoning Districts" of the Land Development Regulations (the "LDRs"), to establish regulations consistent with the MUC notation on the City's Future Land Use Map ("FLUM") and to guide higher -intensity mixed used development centered on multimodal transit facilities and regional shopping centers. The proposed overlay would create Section 31-144(g) "Aventura Metropolitan Urban Center Zoning District Overlay" and establish three subdistricts - 31-144(g)(1) "Aventura Core Subdistrict (MUC1); 31-144(g)(2) "Aventura Center Subdistrict (MUC2)"; and 31- 144(g)(3) "Aventura Edge Subdistrict (MUC3)" — including permitted and conditional uses and site development standards. ANALYSIS The proposed Metropolitan Urban Center (MUC) Zoning District Overlay implements the intent of the MUC designation on the Future Land Use Map by establishing zoning LDR2606-0001 First Reading regulations that recognize the evolving urban character of the area centered on transit facilities and the regional mall located along Biscayne Boulevard. The overlay is designed to guide a cohesive mix of retail, office, residential, hotel and related uses within a compact, pedestrian oriented urban center supported by high -quality urban design, public spaces and direct access to mass transit. The proximity of the regional mall to the Aventura Station, including the planned direct pedestrian overpass connection, reinforces the suitability of this area tor transit -oriented development and higher intensity land uses. By creating graduated subdistricts within the overlay, the proposed regulations promote physical cohesiveness, multi modal accessibility and appropriate transitions, while encouraging reinvestment, reducing reliance on automobile travel, and supporting long term economic growth consistent with the City's Comprehensive Plan. If the proposed ordinance to amend the LDRs is approved on first reading, the next step entails the first reading of an ordinance applying the overlay to the zoning map for the Core subdistrict followed by the adoption of the first two ordinances along with the first and second readings of ordinances applying the overlay to the zoning map for the Center and Edge subdistricts. BACKGROUND A substantially similar version of the MUC Overlay proposal was approved on first reading by the City Commission in February of 2026. Adoption on second reading did not occur as a protracted revision process, mostly aimed at detailing the rules and calculation methods for transfers of development, ensued. Out of precaution, the revised version attached is presented anew for first reading. THE PROPOSED AMENDMENT The proposed amendment will revise Section 31-144 of the Land development Regulations as follows: Sec. 31-144. Business Zoning Districts. (g) Aventura Metropolitan Urban Center (MUC) Zoning Overlay. SEE EXHIBIT A STANDARDS FOR REVIEW The request was reviewed by staff under the Section 31-77(g) Standards for reviewing proposed amendments to the text of the LDR of the City Code of Ordinances: (1) The proposed amendment is legally required. LDR2606-0001 First Reading The proposed amendment is legally required to implement the requested revision to the Land Development Regulations (LDRs). (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan which specifies that the Metropolitan Urban Center (MUC) designation as described and adopted within the Miami -Dade Comprehensive Master Development Plan may be applied as an overlay within the Business and Office land use category. (3) The proposed amendment is consistent with the authority and purpose of the LDR. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses in the City. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City by providing for the continued integrity of the LDRs while adapting to changes in the community. (5) The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process as it provides a process and regulations to implement for approvals of developments in the Business Districts. 3 LDR2606-0001 First Reading EXHIBIT "A" Sec. 31-144. Business Zoning Districts. & Aventura Metropolitan Urban Center (MUC) Zoning Overlay. The Metropolitan Urban Center designation as described and adopted within the Miami Dade Comprehensive Plan may be applied as an overlay to land designated Business and Office on the City's Future Land Use Map. The overlay is applied via the City's Official Zoning Map to parcels based upon their proximity to the MUC's major transit connection points (i.e., the Brightline Station and the bus terminal at Aventura Mall). MUC Zoning District Overlay provisions notwithstanding, a property owner shall have the option to develop in accordance with the property's underlying zoning or in accordance with the provisions of this section. The MUC District Zoning Overlay is divided into the following subdistricts: (1) Aventura Core Subdistrict (MUC1) (2) Aventura Center Subdistrict (MUC2) (3) Aventura Edge Subdistrict (MUC3) (1) Aventura Core Subdistrict Overlay (MUC1). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC1 Density"). a. Uses permitted. The following uses shall be permitted in the MUC1 Overlay, either alone or as mixpd lisps - 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Automobile showrooms and displays; 4. Electric vehicle charging stations; 5. Offices; 6. Residential, including assisted living; 7. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 8. Rental car facilities; 9. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking 10. Governmental; 11. Convention halls and showrooms; 12. Schools; 13. Health care facilities, except hospitals; 14. Public parks and open spaces; 15. Entertainment uses, except adult entertainment; LDR2606-0001 First Reading 16. Communications infrastructure; 17. Art galleries and museums; 18. Indoor and outdoor cultural and educational facilities; 19. Transit uses and infrastructure; and 20. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 4.0. 4. Uses that exceeds the height limitations up to a maximum of 30 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 100 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: a) provides or enhances a pedestrian or other connection to transit b) provides increased open space above the required minimums; c) dedicates a park or preen space; d) contributes to a City -approved art fund; e) provides one or more art installations; f) contributes to increased micromobility measures; or a) provides Hero Housina within the proposed development. but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas required by the provisions of Subsection 31-144(g)(1)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. LDR2606-0001 First Reading c. Site development standards. 1. Properties within the MUC1 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC1 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC1 FAR"). The permissible floor area shall be based on the gross development area. Base MUC1 FAR may be shared and shifted between phases and projects within the MUC1 overlay pursuant to Section 31-144(g)(1)(b)(10) so long as the MUC1 Overlay as a whole complies with the Base MUC1 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(1)(b)(3) to allow a project with a FAR up to 4.0 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC1 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC1 FAR pursuant to Section 31-144(g)(1)(b)(10) from a Property in the MUC1 Overlay (sending property) to another property within the MUC1 Overlay (receiving Property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving Property evidencing such transfers of Base MUC1 FAR. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and iv) assian the corresoondina increase to the receivina orooertv(ies The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(1)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be subject to the approval of an entry documenting the deduction or addition of FAR from the receiving and sending properties, as applicable, in a City MUC1 FAR ledger. (b) Density Calculations. Density shall be calculated within the MUC1 Overlay based on the gross development area of the MUC1 Overlay. LDR2606-0001 First Reading Base MUC1 Density may be shared and shifted between phases and projects within the MUC1 Overlay pursuant to Section 31-144(g)(1)(b)(9) so long as the MUC1 Overlay as a whole complies with the Base MUC1 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(1)(b)(5) for additional density limits of up to 100 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC1 Base Density limits of 62 dwelling units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC1 Density pursuant to Section 31-144(g)(1)(b)(9) from a property in the MUC1 Overlay (sending property) to another property within the MUC1 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC1 Density. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(1)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC1 Density between any sending property and any receiving property shall be recorded in a City MUC1 Density ledger documenting the deduction or addition of Base MUC1 Density from the receiving and sending properties, as applicable. 3. Maximum height: 25 stories, including structured parking. 4. Minimum unit sizes: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with subsection 31- 1 44(a)(1)(b)(8): i. Efficiency or one -bedroom unit: 600 sauare feet. ii. Two -bedroom unit: 800 square feet. iii. Three -bedroom: 1,000 square feet. For each additional bedroom in excess of three, add 150 square feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. b) Minimum 10 feet from public streets for all structures. LDR2606-0001 First Reading c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(1)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coveraae shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: (a) Buildings and structures above the ground floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. (b) Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC1 so long as the MUC1 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC1. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC1 Overlay as a whole; required parking may be shared and shifted between phases and projects within subdistricts MUC1 and MUC2 so long as the parcels sharing comply as a whole with the parking requirements herein. Use Minimum Parking Requirements General Retail/Personal Service, Entertainment, 1 spaces/1,000 SF Food/Beverage LDR2606-0001 First Reading Establishments, Convention Halls and Showrooms Professional Office, Institutional (except 0.3 spaces/1,000 SF Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF Maintenance Facilities (excluding platform) 25% of the required Other Uses parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story Darkina aaraaes facin public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of- wav and screened at the 10 -foot line. The setback shall incorporate a combination of hard - scare and landscape elements. Mechanized and tandem Darkina shall be allowed. For the purpose of this subdistrict mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in preens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast height. 2. Street trees shall be planted at a maximum of 30 feet averaae on center. with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to riaht-of-wav obstructions. as determined by the Community Development Department or other agency with jurisdiction LDR2606-0001 First Reading 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC1 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(1)(b)(1). 16. Conflicts. The standards and criteria set forth in this Section shall govern in the event of conflicts with other zonina. subdivision, or landscape reaulations of the City Code. (2) Aventura Center Subdistrict Overlay (MUC2). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC2 Density"). a. Uses permitted. The following uses shall be permitted in the MUC2 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Electric vehicle charging stations; 4. Offices; 5. Residential, including assisted living; 6. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 7. Rental car facilities; 8. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 9. Governmental; 10. Convention halls and showrooms; 11. Schools; 12. Health care facilities, except hospitals; 10 LDR2606-0001 First Reading 13. Public parks and open spaces; 14. Entertainment uses, except adult entertainment; 15. Communications infrastructure; 16. Art galleries and museums; 17. Indoor and outdoor cultural and educational facilities; 18. Transit uses and infrastructure; and 19. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 3.5. 4. Uses that exceeds the height limitations up to a maximum of 30 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 95 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas reauired by the provisions of Subsection 31-144(g)(2)(c)4 hereof. 9. Transfers of Density Development Rights 11 LDR2606-0001 First Reading 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC2 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC2 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC2 FAR"). The permissible floor area shall be based on the gross development area. Base MUC2 FAR may be shared and shifted between phases and projects within the MUC2 overlay pursuant to Section 31-144(g)(2)(b)(10) so long as the MUC2 Overlay as a whole complies with the Base MUC2 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(2)(b)(3) to allow a project with a FAR up to 3.5 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC2 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC2 FAR pursuant to Section 31-144(g)(2)(b)(10) from a property in the MUC2 Overlay (sending property) to another property within the MUC2 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC2 FAR. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(2)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be recorded in a City MUC2 FAR ledger documenting the deduction or addition of FAR from the receiving and sending properties, as applicable. 12 LDR2606-0001 First Reading (b) Density Calculations. Density shall be calculated within the MUC2 Overlay based on the gross development area of the MUC2 Overlay. Base MUC2 Density may be shared and shifted between phases and projects within the MUC2 Overlay pursuant to Section 31-144(g)(2)(b)(9) so long as the MUC2 Overlay as a whole complies with the Base MUC2 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(2)(b)(5) for additional density limits of up to 95 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC2 Density limits of 62 units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC2 Density pursuant to Section 31-144(g)(2)(b)(9) from a property in the MUC2 Overlay (sending property) to another property within the MUC2 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC2 Density. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(2)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC2 Density between any sending property and any receiving property shall be recorded in a City MUC2 Density ledger documenting the deduction or addition of Base MUC2 Density from the receiving and sending properties, as applicable. 3. Maximum height: 25 stories, including structured parking. 4. Minimum unit sizes: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with subsection 31- 1 44(g)(2)(b)(8): i. Efficiency or one -bedroom unit: 600 square feet. ii. Two -bedroom unit: 800 square feet. iii. Three -bedroom: 1,000 square feet. For each additional bedroom in excess of three, add 150 square feet. 5. Setbacks: 13 LDR2606-0001 First Reading a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. Minimum 10 feet from public streets for all structures. c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(2)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coverage shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: (a) Buildings and structures above the ground floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of- way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. (b) Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC2 so long as the MUC2 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC2. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC2 on a project -by -project basis; required parking may be shared and shifted between phases and projects within the MUC1 and MUC2 subdistricts so long as the parcels sharing parking comply as a whole with the parking requirements herein. 14 LDR2606-0001 First Reading Minimum Parking Use Requirements General Retail/Personal Service, Entertainment, Food/Beverage 1 spaces/1,000 SF Establishments, Convention Halls and Showrooms Professional Office, Institutional (except 0.3 spaces/1,000 SF Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF Maintenance Facilities (excluding platform) 25% of the required Other Uses parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story parkina aaraaes facin public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of- way and screened at the 10 -foot line. The setback shall incorporate a combination of hard - scare and landscape elements. c. Mechanized and tandem parkina shall be allowed. For the purpose of this subdistri mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in preens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast height. 15 LDR2606-0001 First Reading 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC2 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(2)(b)(1). 16. Conflicts. The standards, and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. (3) Aventura Edge Subdistrict Overlay (MUC3). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC3 Density"). a. Uses permitted. The following uses shall be permitted in the MUC3 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Electric vehicle charging stations; 4. Offices; 5. Residential, including assisted living; 6. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 7. Rental car facilities; iI: LDR2606-0001 First Reading 8. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 9. Governmental; 10. Convention halls and showrooms; 11. Schools; 12. Health care facilities, except hospitals; 13. Public parks and open spaces; 14. Entertainment uses, except adult entertainment; 15. Communications infrastructure; 16. Art galleries and museums; 17. Indoor and outdoor cultural and educational facilities; 18. Transit uses and infrastructure; and 19. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 3.0. 4. Uses that exceeds the height limitations up to a maximum of 25 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 90 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such 17 LDR2606-0001 First Reading as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas required by the provisions of Subsection 31-144(g)(3)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC3 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC3 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC3 FAR"). The permissible floor area shall be based on the gross development area. Base MUC3 FAR may be shared and shifted between phases and projects within the MUC3 overlay pursuant to Section 31-144(g)(3)(b)(10) so long as the MUC3 Overlay as a whole complies with the Base MUC3 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(3)(b)(3) to allow a project with a FAR up to 3.0 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC3 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC3 FAR pursuant to Section 31-144(g)(3)(b)(10) from a property in the MUC3 Overlay (sending property) to another property within the MUC3 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC3 FAR. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). 18 LDR2606-0001 First Reading The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(3)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be recorded in a City MUC3 FAR ledger documenting the deduction or addition of FAR from the receiving and sending properties, as applicable. (b) Density Calculations. Density shall be calculated within the MUC3 Overlay based on the gross development area of the MUC3 Overlay. Base MUC3 Density may be shared and shifted between phases and projects within the MUC3 Overlay pursuant to Section 31-144(g)(3)(b)(9) so long as the MUC3 Overlay as a whole complies with the Base MUC3 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(3)(b)(5) for additional density limits of up to 90 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC3 Density limits of 62 units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC3 Density pursuant to Section 31-144(g)(3)(b)(9) from a property in the MUC3 Overlay (sending property) to another property within the MUC3 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC3 Density. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(3)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC3 Density between any sending property and any receiving property shall be recorded in a City MUC3 Density ledger documenting the deduction or addition of Base MUC3 Density from the receiving and sending properties, as applicable. 3. Maximum height: 20 stories, including structured parking. 4. Minimum unit sizes: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with subsection 31- 1 44(g)(3)(b)(8): i. Efficiency or one -bedroom unit: 600 square feet. 19 LDR2606-0001 First Reading ii. Two -bedroom unit: 800 square feet. iii. Three -bedroom: 1.000 sauare feet. For each additional bedroom in excess of three, add 150 square feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. b) Minimum 10 feet from public streets for all structures. There shall be no maximum or minimum limitation on the size of a floor 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(3)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coverage shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: 1. Buildinas and structures above the around floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. 2. Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC3 so long as the MUC3 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC3. 20 LDR2606-0001 First Reading 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC3 on a project -by -project basis; required parking may be shared and shifted between phases and projects within the MUC3 subdistrict so long as the parcels sharing parking comply as a whole with the parking requirements herein. Minimum Parking Use Requirements General Retail/Personal Service, Entertainment, Food/Beverage 1 spaces/1,000 SF Establishments, Convention Halls and Showrooms Professional Office, Institutional (except 0.3 spaces/1,000 SF Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF Maintenance Facilities (excluding platform) 25% of the required Other Uses parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story Darkina aaraaes facing public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration: sculpture: desian features: and/or other innovative screenina methods. b. Surface Darkina lots frontina streets shall be located a minimum of 10 feet from the right-of-way and screened at the 10 -foot line. The setback shall incorporate a combination of hard-scape and landscape elements. c. Mechanized and tandem parking shall be allowed. For the purpose of this subdistrict, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 21 LDR2606-0001 First Reading 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast heiaht. 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC3 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(3)(b)(1). 16. Conflicts. The standards, and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. 22 CITY OF AVENTURA ORDINANCE NO. 2026-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE OF ORDINANCES TO CREATE SECTION 31-144(g) "AVENTURA METROPOLITAN URBAN CENTER ZONING DISTRICT OVERLAY", TO PROVIDE FOR A NEW ZONING DISTRICT OVERLAY AND RELATED REGULATIONS AND STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura City Commission (the "City") recognizes that changes to the adopted Code of Ordinances are periodically necessary in order to ensure that the City's regulations are current and consistent with the City's planning and regulatory needs; and WHEREAS, the City Commission desires to amend Chapter 31, "Land Development Regulations", to create Section 31-144(g), a " Metropolitan Urban Center Overlay", within the Business and Office areas of the City that provides zoning regulations consistent with the "MUC" notation on the Future Land Use Map of the City's Comprehensive Plan ("FLUM") and designed to guide a mix of land uses, including retail, office, hotel/conference, commercial, residential and other similar uses, and associated employment opportunities within an urban center with high quality architecture, pedestrian -friendly streets, outdoor public spaces, and access to public transit; and WHEREAS, the purpose of the MUC designation on the FLUM is to acknowledge the urban character of the indicated area, centered on the transit facilities and regional shopping center (the "Regional Mall") located along Biscayne Boulevard; and WHEREAS, the Regional Mall, located directly east of the Aventura Station rail stop, will be connected to the rail station via a direct pedestrian overpass, including a landing area on the west side of the Regional Mall property; and WHEREAS, the purpose of the Metropolitan Urban Center Overlay is to encourage the design of contiguous areas containing a mixture of different uses characterized by physical cohesiveness, direct accessibility by mass transit service, and high -quality urban design; and WHEREAS, the City Commission is adopting this Metropolitan Urban Center Overlay in order to promote transit -oriented development, encourage investment in infrastructure improvements enhancing multimodal transportation, reduce traffic congestion, and stimulate economic growth; and City of Aventura Ordinance No. 2026 - WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with the law; and WHEREAS, the City Commission has reviewed the proposed amendment, and finds that it is in the best interest of the public to create Section 31-144(g) of the LDRs as set forth in this Ordinance; and WHEREAS, the City Commission has reviewed the action set forth in the ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Findings. That the foregoing "Whereas" clauses and findings are hereby ratified and incorporated as the legislative intent of this Ordinance. Section 2. City Code Amended. That Section 31-144(g) " Aventura Metropolitan Urban Center (MUC) Zoning Overlay" of Chapter 31, "Land Development Regulations", of the City Code hereby is created to read as follows': Sec. 31-144. Business Zoning Districts. & Aventura Metropolitan Urban Center (MUC) Zoning Overlay. The Metropolitan Urban Center designation as described and adopted within the Miami Dade Comprehensive Plan may be applied as an overlay to land designated Business and Office on the City's Future Land Use Map. The overlay is applied via the City's Official Zoning Map to parcels based upon their proximity to the MUC's major transit connection points (i.e., the Brightline Station and the bus terminal at Aventura Mall). MUC Zoning District Overlay provisions notwithstanding, a property owner shall have the option to develop in accordance with the property's underlying zoning or in accordance with the provisions of this section. The MUC District Zonina Overlay is divided into the followina subdistricts: (1) Aventura Core Subdistrict (MUC1) 1 Underlined text indicates additions. Stricken- through text indicates deletions. Double underline indicates changes made between first and second reading. Page 2 of 22 City of Aventura Ordinance No. 2026- (2) Aventura Center Subdistrict (MUC2) (3) Aventura Edge Subdistrict (MUC3) (1) Aventura Core Subdistrict Overlay (MUC1). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC1 Density"). a. Uses permitted. The following uses shall be permitted in the MUC1 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Automobile showrooms and displays; 4. Electric vehicle charging stations; 5. Offices; 6. Residential, including assisted living; 7. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 8. Rental car facilities; 9. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 10. Governmental; 11. Convention halls and showrooms; 12. Schools; 13. Health care facilities, except hospitals; 14. Public parks and open spaces; 15. Entertainment uses, except adult entertainment; 16. Communications infrastructure; 17. Art galleries and museums; 18. Indoor and outdoor cultural and educational facilities; 19. Transit uses and infrastructure; and 20. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 4.0. 4. Uses that exceeds the height limitations up to a maximum of 30 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. Page 3 of 22 City of Aventura Ordinance No. 2026- 5. Density up to 100 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas reauired by the provisions of Subsection 31-144(g)(1)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC1 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC1 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC1 FAR"). The permissible floor area shall be based on the gross development area. Base MUC1 FAR may be shared and shifted between phases and projects within the MUC1 overlay pursuant to Section 31-144(g)(1)(b)(10) so long as the MUC1 Overlay as a whole complies with the Base MUC1 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(1)(b)(3) to allow a project with a FAR up to 4.0 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC1 FAR limit of 1.5. Page 4 of 22 City of Aventura Ordinance No. 2026 - The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC1 FAR pursuant to Section 31-144(g)(1)(b)(10) from a property in the MUC1 Overlay (sending property) to another property within the MUC1 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC1 FAR. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and iv) assian the correspondina increase to the receivina propertv(ies The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(1)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be subject to the approval of an entry documenting the deduction or addition of FAR from the receiving and sending properties. as applicable. in a City MUC1 FAR ledaer. (b) Density Calculations. Density shall be calculated within the MUC1 Overlay based on the gross development area of the MUC1 Overlay. Base MUC1 Density may be shared and shifted between phases and projects within the MUC1 Overlay pursuant to Section 31-144(g)(1)(b)(9) so long as the MUC1 Overlay as a whole complies with the Base MUC1 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(1)(b)(5) for additional density limits of up to 100 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC1 Base Density limits of 62 dwelling units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC1 Density pursuant to Section 31-144(g)(1)(b)(9) from a property in the MUC1 Overlay (sending property) to another property within the MUC1 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC1 Density. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and Page 5 of 22 City of Aventura Ordinance No. 2026 - (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(1)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC1 Density between any sending property and any receiving property shall be recorded in a City MUC1 Density ledger documenting the deduction or addition of Base MUC1 Density from the receiving and sending properties, as applicable. 3. Maximum height: 25 stories, including structured parking. 4. Minimum unit sizes: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with subsection 31- 1 44(g)(1)(b)(8): i. Efficiency or one -bedroom unit: 600 square feet. ii. Two -bedroom unit: 800 square feet. iii. Three -bedroom: 1,000 square feet. For each additional bedroom in excess of three. add 150 sauare feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. b) Minimum 10 feet from public streets for all structures. c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(1)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coverage shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: (a) Buildings and structures above the ground floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger Page 6 of 22 City of Aventura Ordinance No. 2026 - waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. (b) Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC1 so long as the MUC1 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC1. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC1 Overlay as a whole; required parking may be shared and shifted between phases and proiects within subdistricts MUC1 and MUC2 so Iona as the parcels sharing comply as a whole with the parking requirements herein. Use Minimum Parking Requirements General Retail/Personal Service, 1 spaces/1,000 SF Entertainment, Food/Beverage Establishments, Convention Halls and Showrooms Professional Office, Institutional 0.3 spaces/1,000 SF (except Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF (excluding platform) Maintenance Facilities Other Uses 25% of the required parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s), multi -story parking garages facing public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; Page 7 of 22 City of Aventura Ordinance No. 2026 - vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of- way and screened at the 10 -foot line. The setback shall incorporate a combination of hard - scare and landscape elements. c. Mechanized and tandem parking shall be allowed. For the purpose of this subdistrict, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast height. 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC1 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(1)(b)(1). 16. Conflicts. The standards and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. (2) Aventura Center Subdistrict Overlay (MUC2). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving Page 8 of 22 City of Aventura Ordinance No. 2026 - as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC2 Density"). a. Uses permitted. The following uses shall be permitted in the MUC2 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; 3. Electric vehicle charging stations; 4. Offices; 5. Residential, including assisted living; 6. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 7. Rental car facilities; 8. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 9. Governmental; 10. Convention halls and showrooms; 11. Schools; 12. Health care facilities, except hospitals; 13. Public parks and open spaces; 14. Entertainment uses, except adult entertainment; 15. Communications infrastructure; 16. Art galleries and museums; 17. Indoor and outdoor cultural and educational facilities; 18. Transit uses and infrastructure; and 19. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The followina uses may be established if first approved as a conditional use 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 3.5. 4. Uses that exceeds the height limitations up to a maximum of 30 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 95 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; Page 9 of 22 City of Aventura Ordinance No. 2026- (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas reauired by the provisions of Subsection 31-144(g)(2)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC2 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC2 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC2 FAR"). The permissible floor area shall be based on the gross development area. Base MUC2 FAR may be shared and shifted between phases and projects within the MUC2 overlay pursuant to Section 31-144(g)(2)(b)(10) so long as the MUC2 Overlay as a whole complies with the Base MUC2 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(2)(b)(3) to allow a project with a FAR up to 3.5 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC2 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC2 FAR pursuant to Section 31-144(g)(2)(b)(10) from a property in the MUC2 Overlay (sending property) to another property within the MUC2 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC2 FAR. The Declaration of Restrictive Covenants shall, at minimum: Page 10 of 22 City of Aventura Ordinance No. 2026- (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(2)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be recorded in a City MUC2 FAR ledger documenting the deduction or addition of FAR from the receiving and sendina properties. as applicable. (b) Density Calculations. Density shall be calculated within the MUC2 Overlay based on the aross development area of the MUC2 Overlay. Base MUC2 Density may be shared and shifted between phases and projects within the MUC2 Overlay pursuant to Section 31-144(g)(2)(b)(9) so long as the MUC2 Overlay as a whole complies with the Base MUC2 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(2)(b)(5) for additional density limits of up to 95 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC2 Density limits of 62 units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC2 Density pursuant to Section 31-144(g)(2)(b)(9) from a property in the MUC2 Overlay (sending property) to another property within the MUC2 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC2 Density. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(2)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC2 Density between any sending property and any receiving property shall be recorded in a City MUC2 Density ledger documenting the deduction or addition of Base MUC2 Density from the receiving and sending properties, as applicable. Page 11 of 22 City of Aventura Ordinance No. 2026- 3. Maximum height: 25 stories, including structured parking. 4. Minimum unit sizes: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with subsection 31- 1 44(g)(2)(b)(8): i. Efficiency or one -bedroom unit: 600 square feet. ii. Two -bedroom unit: 800 square feet. iii. Three -bedroom: 1,000 square feet. For each additional bedroom in excess of three, add 150 square feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. b) Minimum 10 feet from public streets for all structures. c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(2)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coverage shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: (a) Buildings and structures above the ground floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of- way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. (b) Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas Page 12 of 22 City of Aventura Ordinance No. 2026 - improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC2 so long as the MUC2 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an administrative application and approval process to facilitate such sharing and shifting of open space within MUC2. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC2 on a project -by -project basis; required parking may be shared and shifted between phases and projects within the MUC1 and MUC2 subdistricts so long as the parcels sharing parking comply as a whole with the parking requirements herein. Use Minimum Parking Requirements General Retail/Personal Service, 1 spaces/1,000 SF Entertainment, Food/Beverage Establishments, Convention Halls and Showrooms Professional Office, Institutional 0.3 spaces/1,000 SF (except Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF (excluding platform) Maintenance Facilities Other Uses 25% of the required parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story parkina aaraaes facin public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parkina lots frontina streets shall be located a minimum of 10 feet from the riaht-of- way and screened at the 10 -foot line. The setback shall incorporate a combination of hard - scare and landscape elements. c. Mechanized and tandem parking shall be allowed. For the purpose of this subdistrict, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem Page 13 of 22 City of Aventura Ordinance No. 2026 - parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard queuing analysis is submitted and approved during the ASPA process. 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast height. 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC2 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(2)(b)(1). 16. Conflicts. The standards, and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. (3) Aventura Edge Subdistrict Overlay (MUC3). The purpose and intent of this subdistrict is to provide for higher density, intensity and mix of uses in a compact, walkable urban form, serving as the primary activity center. Residential densities shall not exceed 62 units per gross acre ("Base MUC3 Density"). a. Uses permitted. The following uses shall be permitted in the MUC3 Overlay, either alone or as mixed uses: 1. Hotels; 2. Commercial/retail, including shopping mall and related uses; Page 14 of 22 City of Aventura Ordinance No. 2026- 3. Electric vehicle charging stations; 4. Offices; 5. Residential, including assisted living; 6. Bars, restaurants, other food/beverage establishments, and outdoor patios, cafes, and table service accessory or incidental to any such use; 7. Rental car facilities; 8. Parking lots and parking structures, including commercial parking lots and garages that charge fees for parking; 9. Governmental; 10. Convention halls and showrooms; 11. Schools; 12. Health care facilities, except hospitals; 13. Public parks and open spaces; 14. Entertainment uses, except adult entertainment; 15. Communications infrastructure; 16. Art galleries and museums; 17. Indoor and outdoor cultural and educational facilities; 18. Transit uses and infrastructure; and 19. Other similar uses, as approved by the by the City Manager or designee. b. Conditional use. The following uses may be established if first approved as a conditional use: 1. Any project or phase thereof proposing over 50,000 square feet of gross floor area development. 2. Any project proposed on parcels with areas less than 35,000 square feet 3. Any project with floor area ratio higher than 1.5, not to exceed a floor area ratio maximum of 3.0. 4. Uses that exceeds the height limitations up to a maximum of 25 stories for buildings that attain Gold or Platinum certification under the City's Green Building Program as provided in article VI of chapter 14 of the City Code. 5. Density up to 90 units per acre if the development meets at least two of the following, provided that the value of such criteria shall, in the aggregate, equal at least one percent (1 %) of the hard costs of the development: (a) provides or enhances a pedestrian or other connection to transit; (b) provides increased open space above the required minimums; (c) dedicates a park or preen space; (d) contributes to a City -approved art fund; (e) provides one or more art installations; (f) contributes to increased micromobility measures; or (g) provides Hero Housing within the proposed development, but only if determined as needed by the City Manager or designee. (h) funding to offset other impacts of development as procedurally determined Page 15 of 22 City of Aventura Ordinance No. 2026 - For the purposes of this section, "hard costs" shall mean the direct construction costs of the development, but shall expressly exclude furniture, fixtures, and equipment, soft costs such as architectural, engineering, financing, legal, and permitting fees, and other non - construction related expenses. 6. Establishments that sell alcoholic beverages after 2:00 am. 7. Hospitals and Urgent Care 8. Floor areas that are less than the minimum floor areas reauired by the provisions of Subsection 31-144(g)(3)(c)4 hereof. 9. Transfers of Density Development Rights. 10. Transfers of Floor Area Ratio (FAR) Development Rights. c. Site development standards. 1. Properties within the MUC3 Overlay, including those not located directly adjacent or adjoining, may be combined to establish a common building site provided the property owner presents a unity of title or declaration in lieu of unity of title recordable in the public records of Miami -Dade County, Florida, and complying with the provisions of Aventura Code Section 31-78(k)(3). Such common building sites shall thereafter be treated as a singular property for purposes including, but not limited to, the ability to seek conditional use approval for increased FAR and density, and the ability to freely allocate said FAR and density within the boundaries of the common building site. 2. Floor area ratio (FAR) and density standards. The following FAR and density standards shall apply to properties within the MUC3 Overlay: (a) FAR Requirements. The floor area ratio for new development shall be a minimum FAR of 0.5, and a maximum FAR of 1.5 ("Base MUC3 FAR"). The permissible floor area shall be based on the gross development area. Base MUC3 FAR may be shared and shifted between phases and projects within the MUC3 overlay pursuant to Section 31-144(g)(3)(b)(10) so long as the MUC3 Overlay as a whole complies with the Base MUC3 FAR requirements herein. Additional FAR achieved through the conditional use approval process pursuant to Section 31-144(g)(3)(b)(3) to allow a project with a FAR up to 3.0 shall not be eligible for transfer to any property and shall not be counted towards the calculation of the districtwide Base MUC3 FAR limit of 1.5. The amount of FAR added to a receiving parcel through a FAR transfer shall be calculated based on the receiving parcel's lot area, rather than the lot area of the sending parcel. A sending parcel that has transferred FAR rights to another parcel, regardless of amount transferred, shall no longer be eligible to obtain Conditional Use FAR. The transfer of eligible Base MUC3 FAR pursuant to Section 31-144(g)(3)(b)(10) from a property in the MUC3 Overlay (sending property) to another property within the MUC3 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC3 FAR. The Declaration of Restrictive Covenants shall, at minimum: (i) identify the sending and receiving property(ies); (ii) specify the FAR being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and Page 16 of 22 City of Aventura Ordinance No. 2026 - iv) assian the corresDondina increase to the receivina Dropertv(ies The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(3)(b)(10). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of FAR between any sending property and any receiving property shall be recorded in a City MUC3 FAR ledger documenting the deduction or addition of FAR from the receiving and sendina properties. as applicable. (b) Density Calculations. Density shall be calculated within the MUC3 Overlay based on the gross development area of the MUC3 Overlay. Base MUC3 Density may be shared and shifted between phases and projects within the MUC3 Overlay pursuant to Section 31-144(g)(3)(b)(9) so long as the MUC3 Overlay as a whole complies with the Base MUC3 Density requirements herein. Additional residential dwelling units achieved through the conditional use approval process pursuant to Section 31- 144(g)(3)(b)(5) for additional density limits of up to 90 dwelling units per acre are not eligible for transfer to any property and shall not be counted towards the calculation of the districtwide MUC3 Density limits of 62 units per acre. A property that has transferred Base Density, regardless of the amount, is no longer eligible for Conditional Use density. The transfer of eligible Base MUC3 Density pursuant to Section 31-144(g)(3)(b)(9) from a property in the MUC3 Overlay (sending property) to another property within the MUC3 Overlay (receiving property), whether in whole or in part, shall require the execution of a recorded declaration of restrictive covenant on each sending and receiving property evidencing such transfers of Base MUC3 Density. The Declaration of Restrictive Covenants shall. at minimum: (i) identify the sending and receiving property(ies); (ii) specify the density being transferred; (iii) provide for the permanent encumbrance of the sending property(ies) to reflect the reduction in development rights; and (iv) assign the corresponding increase to the receiving property(ies). The restrictive covenants shall be made as a condition of approval of the conditional use pursuant to Section 31-144(g)(3)(b)(9). The restrictive covenants shall be recorded by the applicant in a form approved by the City Attorney and the City Manager or his or her designee at the property owner's expense in the public records of Miami -Dade County prior to issuance of any site plan, building permit, or development order relying on such transfer. Any transfer of Base MUC3 Density between any sending property and any receiving property shall be recorded in a City MUC3 Density ledger documenting the deduction or addition of Base MUC3 Density from the receiving and sending properties, as applicable. 3. Maximum height: 20 stories, including structured parking. 4. Minimum unit sizes: The minimum floor area not including garage or unairconditioned areas shall be as follows, except that conditional use approval may be granted to authorize a reduction in the following minimum floor areas in accordance with subsection 31- 1 44(g)(3)(b)(8): Page 17 of 22 City of Aventura Ordinance No. 2026- i. Efficiency or one -bedroom unit: 600 square feet. ii. Two -bedroom unit: 800 sauare feet. iii. Three -bedroom: 1,000 square feet. For each additional bedroom in excess of three. add 150 sauare feet. 5. Setbacks: a) No minimum setback from private streets at grade, interior/rear property lines, and park rights -of -way. Minimum 10 feet from public streets for all structures. c) There shall be no maximum or minimum limitation on the size of a floor plate. 6. Lot size and coverage. The minimum lot size required to develop pursuant to these regulations is 35,000 square feet, unless otherwise authorized pursuant to Section 31-144(g)(3)(b)(2), except for transit facilities or infrastructure which shall have no minimum lot size. Lot coveraae shall not be limited other than by compliance with the open space requirements. 7. Architectural Expression: Building facades facing public and private street rights -of -way or public open space or both shall be a minimum twenty-five percent (25%) glazed. Glazing is not required for building facades that face transit -only rights -of -way or for above -grade parking garage structures that face public and private street rights -of -way or public open space. 8. Encroachments: 1. Buildinas and structures above the around floor may be built above colonnades but shall not extend into the public right-of-way unless approved by the City and by other agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the City or other agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly -accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained. 2. Cantilevered balconies. awninas. weather protection elements and similar features with adequate vertical clearance may encroach into street rights -of -way but shall not extend closer than six (6) inches from the curb face. 9. Open Space: The minimum open space requirement shall be ten percent (10%) of the gross development area. At least 50% of the open space shall be accessible to the public and may include parks, plazas, water bodies including retention ponds, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, and open-air transit platform areas improved for pedestrian comfort. Fifty percent (50%) of the total area of open spaces that are not accessible to the general public, such as rooftop preen spaces, may be counted toward the 10% requirement (comprising up to one-half of it). Open space may be shared and shifted between phases and projects within MUC3 so long as the MUC3 Overlay as a whole complies with the open space requirements herein. The City Manager shall set forth an Page 18 of 22 City of Aventura Ordinance No. 2026 - administrative application and approval process to facilitate such sharing and shifting of open space within MUC3. 10. Parking: The table below indicates minimum parking for each type of use. Parking shall be calculated for the uses within the MUC3 on a project -by -project basis; required parking may be shared and shifted between phases and projects within the MUC3 subdistrict so long as the parcels sharing parking comply as a whole with the parking requirements herein. Use Minimum Parking Requirements General Retail/Personal Service, 1 spaces/1,000 SF Entertainment, Food/Beverage Establishments, Convention Halls and Showrooms Professional Office, Institutional 0.3 spaces/1,000 SF (except Convention Halls), Health Care Services Residential 0.5 space per unit Accommodation 0.2 spaces/room Transit systems, including 0.3 spaces/1,000 SF (excluding platform) Maintenance Facilities Other Uses 25% of the required parking indicated in Section 31-171 a. To minimize adverse visual effects of the structure(s). multi -story parkina aaraaes facing public and private streets, rights -of -way, and/or public open space shall require screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods. b. Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of-way and screened at the 10 -foot line. The setback shall incorporate a combination of hard-scape and landscape elements. c. Mechanized and tandem parkina shall be allowed. For the purpose of this subdistrict, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. Mechanized and tandem parking spaces shall be counted toward the parking requirements of this section. Mechanized and tandem parking may be provided with a County standard aueuina analysis is submitted and approved durina the ASPA process. Page 19 of 22 City of Aventura Ordinance No. 2026- 11. Landscaping: Landscaping shall conform to the City's landscape standards set forth in Section 31-221, as applicable to non-residential development, with the following exceptions: 1. A minimum of 20 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, rooftops, plazas and street medians within the MUC. Lot trees shall have a minimum 2 -inch diameter at breast heiaht. 2. Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3 -inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by the Community Development Department or other agency with jurisdiction. 12. Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 4 of this Code regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply. 13. Platting. Separate parcels located within the MUC Overlay and made subject to a unity of title or covenant in lieu of unity of title shall, consistent with Section 31-78 (k)(3), not be deemed a subdivision and shall be exempt from platting requirements. Parcels including transit facilities or infrastructure shall be exempt from platting requirements. 14. Existing Buildings, Structures, and Uses. All existing buildings, structures, and uses for which building permits, certificates of use, and/or development orders have issued prior to the effective date of this Section may be continued. Legally existing structures may be altered, improved, or expanded by up to fifty percent (50%) of the approved structure in accordance with the approved plans and specifications therefor. Any modifications thereto may be implemented as may be approved by the applicable permit -granting authority from time to time. Alterations, improvements, or expansions of greater than fifty percent (50%) of any parameter must thereafter comply with the requirements of this section. City staff shall have the discretion to review minor modifications, fifteen percent (15%) of any particular parameter or less, without the need for site plan review. 15. Maximum gross floor area. Projects developed pursuant to these MUC3 Overlay regulations are limited to 50,000 square feet of gross floor area unless otherwise authorized pursuant to Section 31-144(g)(3)(b)(1). 16. Conflicts. The standards, and criteria set forth in this Section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of the City Code. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and made a Page 20 of 22 City of Aventura Ordinance No. 2026 - part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg Page 21 of 22 City of Aventura Ordinance No. 2026 - PASSED on first reading this 7th day of July, 2026. PASSED AND ADOPTED on second reading this 23rd day of July, 2026. 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 22 of 22 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Keven Klopp, Community Development Director DATE: July 2, 2026 SUBJECT: Variance Approval of Sign Graphics Criteria Proposed by Aventura City Center. City File No. SV2604-0001 July 7, 2026 Local Planning Agency Meeting Agenda July 7, 2026 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve variances for the sign graphics criteria proposed by Aventura City Center per Section 31-191(m)(7) of the City of Aventura Land Development Regulations (LDRs). THE REQUEST The Applicant, Edward Abbo, on behalf of Aventura 2999, LLC, is requesting approval of a uniform sign plan for Aventura City Center, located at 2999 NE 191 Street. To accommodate this uniform sign plan on the proposed mixed -use development, three (3) variances are requested from Section 31-191 of the Land Development Regulations (LDRs): 1. The first request seeks relief from Section 31-191(j)(2) to permit building identification signs on level 22 of the north elevation and level 8 of the south elevation of a residential tower. City code restricts this type of high-level signage to office or hotel buildings up to 20 stories. 2. The second request seeks a variance from Section 31-191 (j)(2) to allow wall signs on building elevations that directly face an adjacent, residentially zoned property located within 300 feet. City code prohibits wall signs on elevations facing residential zones within this buffer distance. 3. The third request seeks a variance from Section 31-191(j)(2)a to authorize business identification wall signs on level 8 of the residential tower and level 6 of the hotel. Current regulations restrict retail tenant signage exclusively to the ground or second floor of the establishment. BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY LEGAL DESCRIPTION ZONING FUTURE LAND USE ANALYSIS Section 31-191 (m)(7) provides that: Aventura 2999 LLC Edward Abbo 2999 NE 191 Street City of Aventura (See Exhibit #1 for Location Map) Folios: 28-1235-014-0091; 28-2203-021-0020 (See Exhibit "A" for Legal Description). TC1 — Town Center District Town Center Variances. Anyone seeking a variance of the provisions of this section shall file such application with the City Manager. An application for variance shall be made pursuant to the City's procedure for requesting a zoning variance and shall be scheduled for a hearing by the City Commission who shall grant or deny such variance using the following criteria. Section 31-191 (m)(8) provides the criteria for review: Criteria. A variance may be granted upon a showing by the applicant that the sign variance maintains the basic intent and purpose of these regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. Aventura City Center is a mixed -use development consisting of a residential tower and an Elements by Marriott hotel, both featuring ground -floor retail. Given this diverse mix of uses and the property's unique location, bounded by the William Lehman Causeway to the north and townhome residential properties to the south, interpreting the City's sign regulations presents a distinct challenge. The proposed uniform sign plan is the result of a collaborative process between the Community Development Department and Aventura City Center design and development team with the goal of establishing a rationale that is based on an analysis of the buildings and site conditions. Building A - Residential Location Proposed Sign Area (sq. ft.) South Elevation Building Identification Sign Level 8 "Aventura City Center" 148 South Elevation Ground Floor Three (3) wall signs 62; 49 & 67 North Elevation Building identification Sign Level 22 "Aventura City Center" 148 North Elevation Level 8 Two (2) wall signs 137 & 109 Buildina B - Hotel Location Proposed Sign Areas . ft.) South Elevation Building Identification Sign Level 6 "Element by Marriott" 152 South Elevation Ground Floor Three (3) wall signs 60; 41; & 43 North Elevation Building Identification Sign Level 12 "Element by Marriott" 152 North Elevation Level 6 Two (2) wall signs 92 & 140 RECOMMENDATION Staff recommends approval of variances to accommodate the proposed signage criteria exclusively to Aventura City Center in the current configuration shown on the elevations and renderings attached to this report as Exhibit "B". Any redevelopment or reconfiguration of the development will invalidate this signage criteria approval. CITY OF AVENTURA RESOLUTION NO. 2026-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN GRAPHICS VARIANCE UNDER SECTION 31-191(M)(7) FOR THE AVENTURA CITY CENTER MIXED -USE DEVELOPMENT LOCATED AT 2999 NE 191 ST; PROVIDING FOR IMPLEMENTATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Applicant, Edward Abbo, on behalf of Aventura 2999 LLC, through Application No. SV2604-0001, is requesting approval of sign graphics criteria for the Aventura City Center mixed use development located at 2999 NE 191 Street; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application for sign variances to accommodate the proposed signage meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. SV2604-0001 for approval of sign graphics criteria for the mixed use development known as Aventura City Center located at 2999 NE 191 Street and legally described in Exhibit "A" is hereby granted, exclusively to the Applicant, subject to the following conditions: 1. All signage submitted to the City for permitting shall comply with the approved "Aventura City Center — Signage Presentation"; attached as Exhibit "B", and the guidelines approved under this report. 2. This approval is granted exclusively to Aventura 2999 LLC in the current configuration shown on the elevations and renders attached as Exhibit "B". Any redevelopment or reconfiguration of the development will invalidate this approval. Section 2. The City Manager is authorized to issue permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: City of Aventura Resolution No. 2026 - Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of July, 2026. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: A PORTION OF TRACT II OF FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 99, AT PAGE 20, OF THE PUBLIC RECORDS OF MIAM I - DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH WEST CORNER OF SAID TRACT II: THENCE N87"32'00"E ALONG THE NORTH LINE OF SAID TRACT II FOR 334.64 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO TH E LEFT HAVING A RADIUS OF 5829.58 FEET AND A CENTRAL ANGLE OF 00 " 42' 04" FOR AN ARC DISTANCE OF 71.33 FEET TO A POINT ON THE ARC OF A CURVE TO THE NORTHEAST SAID POINT BEARS S0950'42W FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVIN G A RADIUS OF 1290.92 FEET AND A CENTRAL ANGLE OF 09 " 0859" FOR AN ARC DISTANCE OF 206. 15 FEET: THENCE N83"59'09" FOR 158.32 FEET TO A POINT; THENCE S022724" FOR 157.27 FEET TO A POINT; THENCE N87"32'36"E FOR 125.00 FEET TO A POINT: THENCE S02" 2724" FOR 56.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT II; THENCE S873236W ALONG THE SOUTH LINE OF SAID TRACT II FOR 22 0.73 FEET; THENCE S873236W ALONG THE SOUTH LINE OF SAID TRA CT II FOR 670.25 FEET TO THE SOUTHWEST CORNER OF SAID TRACT II; THENCE N02"58'20"W ALONG THE WEST LINE OF SAID TRACT II FOR 229.93 FEET TO THE POINT OF BEGINNING; LESS THE SOUTH 35 FEET OF THE WEST 70 FEET OF SAID TRACT II CONVEYED TO MIAMI-DADE COUNTY FOR HIGHWAY RIGHT-OF-WAY, TOGETHER WITH THE BENEFIT OF THE FOLLOWING: EASEMENT FOR THE INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND/OR REPLACEMENT OF (A) SUB- SURFACE PIPES, LINES AND CONDUITS TO PROVIDE REASONABLE QUANTITIES OF WATER, ELECTRICITY, GAS, TELEPHONE SERV ICE, STORM WATER, DRAINAGE, SEWERAGE AND SANITATION FACILITIES, AND (B) A SURFACE STORM DRAINAGE TO CARRY AWAY STORM DRAINAGE CREATED BY THAT CERTAIN NON- EXCLUSIVE MUTUAL GRANT OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED DECEMBER 24, 1984 AT OFFICIAL RECORDS BOOK 12363, PAGE 1680, AS EXTEN DED AND MODIFIED BY THAT CERTAIN NON- EXCLUSIVE GRANT OF EASEMENT AND SANITARY LIFT STATION AGREEMENT FILED FEBRUARY 28, 1986 IN OFFICIAL RECORDS BOOK 12805, PAGE 2214, SUBJECT TO THE TERMS AND PROVISIONS THEREOF. PARCEL 2: A PARCEL OF LAND IN SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE RIGHT-OF-WAY OF STATE ROAD 852 AS RECORDED IN OFFICIAL RECORDS BOOK 7001, AT PAGE 72 1, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; THENCE N87"32'00" E, 115.00 FEET TO THE POINT OF BEGINNING; THENCE N02 " 2800" W, 10 1.51 FEET TO AN INTERSECTION WITH A NON- TANGENTI AL CURVE, CONCAVE TO THE NORTHEAST, HAVING A TANGENT BEARING OF $66"27't6" E AND A RADIUS OF 1290.92 FEET; THENCE SOUTHEASTERLY FOR 308.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1341'55" TO AN INTERSECTION WITH A NON -TANGENTIAL CURVE, CONCAVE TO THE NORTH, HAVING A TANGENT BEARING OF S86" 50'00" WAND A RADIUS OF 5829.58 FEET; THENCE WESTERLY FOR 71.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00 " 42' 00"; THENCE S87"32'00" W, 219.64 FEETTO THE POINT OF BEGINNING I! I __ Illlllii�- _ � II i�iilri� - 11 1 ;uI. ______ ______________ i_.uIiIIiaEE:AiQiJQ.ilileakhn01 JrTUI1r. tI Cpl ii of i� rl ■ it it a — iai. �y. .7T." _ I 4 - Ihj element BY MARRIOTT uuhijII !i1ll�lll iii I I1 I1iI,rFTT1PIl - 11 mom p� �F��'� 11041W M■ cud,iuuiiia '. Rig a iii j mu Steakhouse J- 7 .�,N..... ..mow. -. .. Y••w .w- �iY %. +e w-'.�_ Y �• - �Zf.�.'tw- We F °mpPnoryDeign Aventura Hotel SOUTH ELEVATION A_3 1 I adache 2999 NE 191I ST, A en I V ro, Rcrido • group architects — IXREP:I4DSF tD JeV 1ev 1 NORTH ELEVATION 4/72" - T -D'• EXTERIOR ELEVATIONS - KEY NOTES 11'1±t:1:Ji.IJFrY 1 !Ii__ Ir� �F i jI:jii iii!: 4i iLh 1111 C41iii II iiini.. ii 'ii iLiIiiiiiL ! 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A Sri L❑� CSC N ICII 2999-NEJL- (191� , 1) rcrCL06DR AJ��O �GGO JO WILLIAM L•EHM�AN RAMP �a� I 1 0 NI , , I , , I I 28-1235-014-0091 & 28-2203-021-0020 r.:..'Aventura Municipal Boundary DATE: 07/07/2026 DA ITEM(S): City File No.: SV2604-0001 GFRO JEHMANCSWY - . 2 999 NE E 191:ST ST 19�1-$T NE 190TH ST "lam d - E1C NE 188TH ST I NE 31st NE 185TH ST AVE ■ 0 250 500 1,000 Feet I I I I I I I I 2A 0 0.25 0.5 1 Miles N I I I I I I I I CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager BY: Keven Klopp, Community Development Director DATE: May 29, 2026 SUBJECT: Ordinance Amending City Code Section 14.91 Regarding Building Permit Fees in Compliance with House Bill 803 May 21, 2026 City Commission Workshop Agenda June 2, 2026 City Commission Regular Meeting Agenda (First Reading) July 7, 2026 City Commission Regular Meeting Agenda (Second Reading) RECOMMENDATION Adjust City Code Section 14.91 regarding Building Permit Fees to comply with House Bill 803, while continuing to ensure public safety via continued high quality building plan review and inspection services. BACKGROUND Similar to most jurisdictions in south Florida, the City of Aventura utilizes a "value -of -work" method for calculating building permit fees. Aventura's permit fees are all inclusive, meaning they cover the cost of clerical, plan review, inspections, executive supervision, record keeping and overhead. While Florida HB 803 — effective July 1, 2026 — does not completely disallow the value -of -work method, it significantly restricts how it can be used. Staff is currently analyzing the potential fiscal impacts of HB803, monitoring the interpretations being made across the state, and projecting the work force and labor cost adjustments that will be required. Amongst its many provisions, the law changes allowed building permit fee structures: • Inspection fees must reflect actual costs. The new law expressly prohibits local governments from basing building inspection fees on the value of a project. Instead, these fees must be based on the actual inspection costs incurred. • Private provider reductions of at least 50%: If a property owner uses a private provider, local governments are required to reduce the permit fee to reflect the cost savings from the services they won't be performing. The reduction must be at least 25% if inspections are done by a private provider and at least 50% if both plan review and inspections are done by a private provider. • General permit fees must be reasonable. The law reinforces existing Florida statutes stipulating that local governments can only collect building permit fees that are sufficient to cover their direct and reasonable indirect costs for enforcing the Building Code. Total revenue from these fees cannot exceed total operating costs. The proposed code amendment recognizes the more stringent parameters the Florida legislature is placing on permitting fees. It proposes to entrust the City Manager with the responsibility for annually ensuring permit fees are set and assessed in a statutorily compliant manner. Instead of the fees being set by resolution, they would be set by administrative policy and subject to adjustment once each fiscal year. Local jurisdictions typically use a combination of standard methods to calculate permit fees. It is currently unclear which of the methods below, or combinations thereof, will be considered compliant with the new statute: 1. Value of Work (Estimated Cost) This is the most widely used method in Florida. The fee is calculated as a percentage of the total estimated cost of the construction, which must include both labor and materials. It can no longer be used to collect inspection fees and the ability to use for determining plan review fees is uncertain. 2. Square Footage / Flat Unit Rates For new construction or specific trades, many jurisdictions charge a flat rate based on the physical size or number of units in the project. Instead of looking at project costs, the fee is calculated by multiplying the square footage of the habitable/non- habitable space by a fixed rate per square foot. 3. Flat Fee / Fixed Rate This method is commonly used for standard, straightforward renovations or replacements that do not require complex structural reviews. The city sets a specific, non-negotiable flat rate for distinct types of permits. 4. Hourly / Plan Review Fees For complex commercial projects or variances, local authorities may base the fee on the time required to review the plans and inspect the property. Fees are calculated based on an hourly rate for the time spent by plans examiners. An administrative policy providing full flexibility for using any of the above methods for determining the permit fee schedule will be utilized starting July 1, 2026 in order to be in compliance with statute. CITY OF AVENTURA ORDINANCE NO. 2026-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 14-91 "FEES FOR PERMITS, INSPECTIONS, CERTIFICATES AND RELATED SERVICES" TO AUTHORIZE SUCH FEES TO BE ADJUSTED ANNUALLY BY ADMINISTRATIVE POLICY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during its 2026 legislative session, the State of Florida passed House Bill 803; and WHEREAS, House Bill 803 sets forth certain new requirements and prohibitions pertaining to the fees a municipality charges for services related to building permits; and WHEREAS, the City Commission of the City of Aventura (the "City") finds it is in the best interest of the City to amend its Code of Ordinances to authorize the City Manager to adjust the City's Building Permit Fees annually as necessary to comply with Florida Statutes, while maintaining revenues that ensure building safety along with excellent building permit and inspection services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS, THAT: Section 1. Recitals Incorporated. Each of the above -stated recitals are hereby adopted and confirmed. Section 2. City Code Amendments. Chapter 14 is hereby amended as follows: Sec. 14-91. - Fees for permits, inspections, certificates and related services. The City is hereby authorized to impose fees for the issuance of building permits, provision of inspections, issuance of certificates of completion or occupancy and related services of the Community Development Department. Such fees shall be set bar administrative policy by the City Manager in accordance with Florida Statutes and may be amended no more than one time per fiscal year. City Commission approval, by Resolution, is required to amend building permit fees more than once per fiscal year as may be necessary, from time to time by resolution of the City Commission following a public hearing. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity City of Aventura Resolution No. 2026 - of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re- numbered or re -lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Kruss, who moved its adoption on first reading. The motion was seconded by Commissioner Friedland, and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Yes Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Paul A. Kruss Yes Commissioner Cindy Orlinsky Yes Vice Mayor Clifford B. Ain Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Resolution No. 2026 - PASSED on first reading this 2nd day of June, 2026. PASSED AND ADOPTED on second reading this 7th day of July, 2026. 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 CHARTER SCHOOLS USA MEMORANDUM TO: City Commission FROM: Charter Schools USA BY: Lechyana Knight, State Financial Director Ayanna Jeffrey, Senior Lead Financial Analyst DATE: July 2, 2026 SUBJECT: Ordinance Amending the 2025/2026 Budget - Aventura City of Excellence School ("ACES") RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2025/2026 Aventura City of Excellence School ("ACES") Budget. The total amount of the amendment is $604,006. BACKGROUND These amendments were developed collaboratively by CSUSA, including the Sr. Lead Financial Analyst and staff from several different divisions to project the final year-end revenues and expenditures. The goal was to ensure that any revenue overages or expenditure overruns are properly identified and adjusted, as necessary. The proposed amendments have been reviewed by both the City Manager and the Finance Director of the City of Aventura and represent a standard part of year-end fiscal operations. All revenues and expenditures were thoroughly reviewed, analyzed, and adjusted as deemed necessary. While the total amount of the amendments does not result in any change to the originally budgeted Change in Fund Balance, the notable adjustments to individual revenue and expenditure lines are detailed in this memorandum. Outlined below is a summary of the budget amendments, including brief explanations supporting each recommendation. Note that the explanations provided are not designed to be exhaustive but are intended to highlight the most material and impactful adjustments. A detailed supporting schedule is also attached as Exhibit A. OPERATING REVENUE: Net increase of $163,713. Florida Education Finance Program — a budget decrease of ($63,551) is required primarily due to a lower than budgeted per student rate paid by the Miami -Dade school district. Capital Outlay — a budget decrease of ($169,503) is required. This is due to the Capital Outlay rate per student paid by the FDOE being lower than originally budgeted. Food Service Revenue —a budget increase of $88,509 is required. Cafeteria sales have exceeded the original budget. Grants- Federal/State/Local —a budget increase of $73,727 is required. No grant revenues were included in the original budget; however, the school received Title IV and a specialty grant award from the District. Before and Aftercare Revenue —a budget decrease of ($68,644) is required. This is due to lower than anticipated program participation. Other Program Revenues— a budget increase of $109,370 is required mostly to recognize A+ Bonus revenue received from the District that was not included in the original budget. This additional revenue will be appropriated to the Bonuses expenditure account to fund the corresponding A+ Bonus payments to eligible teachers. Referendum Stipends — a budget increase of $133,515 is required as the District paid at a rate higher than originally budgeted. This amendment will increase the Referendum Stipends expenditure account to align with the additional revenue and fund the corresponding stipend payments. OTHER NON- REVENUE: Net increase of $440,293. Advance from the City's General Fund — a budget increase of $472,518 is required to cover higher than budgeted expenditures primarily in the building repairs and maintenance, daily substitutes, and vendor services categories. EXPENDITURES: Net increase of $604,006. Total Compensation: requires a budget increase of $291,857 Tutoring — $40,859 increase Bonuses — $80,123 increase Stipends — $207,581 increase Tutoring— a budget increase of $40,859 is required as the actual tutoring hours have exceeded the original budget estimates. Bonuses— a $80,123 budget increase is required. These bonus payouts are covered by A+ Revenues received and distributed by the City that were not included in the originally adopted budget. Stipends— a budget increase of $207,581 is needed primarily due to the Miami -Dade Referendum and additional stipends that exceeded the budget. Vendor Services: a budget increase of $99,037 is required to reflect higher -than -budgeted operating expenditures. The primary driver of this increase is Contracted Food Service, which exceeded the original budget by $75,204 due to higher utilization of food service operations. Additionally, Pupil Transportation expenditures exceeded budget by $31,079 as the need for double bus runs was greater than originally anticipated. Administrative Expenditures: a budget decrease of ($36,983) is needed and is primarily due to Printing and Business Expenditures -Other expenses that did not materialize during the year. Instructional Expenses: a budget decrease of ($11,044) is needed and is primarily due to Instructional Licenses expenses that did not materialize during the year. Other Operating Expenditures: a budget increase of $293,254 is required to reflect higher - than -budgeted operating expenditures. The primary driver of this increase is Building Repairs and Maintenance, which exceeded the original budget due to several unplanned facility -related expenses, including $97,901 for HVAC maintenance, $24,671 for elevator repairs, and $94,847 for repair and maintenance materials and supplies. Also contributing to the increase are Temp Agency costs of $94,220, recorded under Miscellaneous Expenditures, resulting from greater -than -anticipated use of daily substitute teachers. If you should have any questions related to the above proposed amendments, please feel free to contact the City Manager. 3 CITY OF AVENTURA ORDINANCE NO. 2026-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2025-07, WHICH ORDINANCE ADOPTED THE AVENTURA CITY OF EXCELLENCE SCHOOL BUDGET FOR FISCAL YEAR 2025/2026 (JULY 1 - JUNE 30) BY REVISING THE 2025/2026 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the Aventura City of Excellence School and upon the recommendations of the Principal of the Aventura City of Excellence School, the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2025/2026 Operating and Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2025-07, which Ordinance adopted a budget for the 2025/2026 fiscal year for the Aventura City of Excellence School by revising the 2025/2026 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2026 - Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. 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. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2026 - PASSED on first reading this 7th day of July, 2026. PASSED AND ADOPTED on second reading this 8th day of September, 2026. 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 Consolidated Financial Report Enrollment 1,032 1,039 7 1% FEFP rate per Student $ 8,963 $ 8,869 $ (94) -1% REVENUE: FTE $ 9,249,943 $ 9,186,391 $ (63,551) -1% Capital Outlay 1,720,344 1,550,841 (169,503) -10% NSLP Revenue (National School Lunch Program) 78,022 83,163 5,141 7% Food Service Revenue 140,000 228,509 88,509 63% Grants - Federal/State/Local - 73,727 73,727 0% Before and Aftercare Revenue 175,000 106,356 (68,644) -39% Miscellaneous Revenues 123,337 178,487 55,150 45% Other Program Revenue - 109,370 109,370 0% Referendum Stipends 1,661,561 1,795,076 133,515 8% Subtotal Operating Revenue $ 13,148,207 $ 13,311,920 $ 163,713 1% Other Non -Revenue Proceeds from Long Term Debt- Lease 153,695 121,470 (32,225) -21% City Subsidy Advance from the City's General Fund 700,000 1,172,518 472,518 68% TOTAL REVENUE $ 14,001,902 $ 14,605,908 $ 604,006 4% EXPENDITURES Administrative Staff Principal 1.0 1.0 Assistant Principals/Deans 4.0 3.0 School Operations Administrator 1.0 1.0 Administrative Assistant 3.0 3.0 Receptionist 1.0 1.0 Enrollment Management 1.0 1.0 Guidance Counselor 2.0 3.0 IT Support 1.0 1.0 Hall Monitor 4.0 4.0 Subtotal Administrative Staff 18.0 $ 1,215,670 18.0 $ 1,229,758 $ (14,088) -1% Instruction Staff Teachers 68.0 62.0 ESE/Special Education Teachers 6.0 5.0 Curriculum Resource Teacher 3.0 5.0 Instructional Aides 3.0 5.5 Subs 1.0 3.0 Subtotal Instructional Staff 4,741,836 80.5 $ 4,711,358 $ 30,478 1% Consolidated Financial Report Tutoring $ 16,625 $ 57,484 $ (40,859) -246% Bonuses 52,911 133,034 (80,123) -151% Stipends 1,358,267 1,565,848 (207,581) -15% Benefits 890,514 875,913 14,601 2% Payroll Taxes 586,647 580,932 5,715 1% Subtotal Other Compensation - Group Insurance, Benefits, and Payroll Taxes $ 2,904,965 $ 3,213,212 $ (308,247) -11% Total Compensation 99.0 $ 8,862,471 98.5 $ 9,154,328 $ (291,857) -3% Professional Services Management Fee $ 977,116 $ 977,115 $ - 0% Legal Fees 9,900 9,146 754 8% Fee to County Board 44,816 42,105 2,711 6% Outside Staff Development 45,050 36,429 8,621 19% Accounting Services -Audit 11,000 11,000 - 0% Professional Fees - Other 21,637 20,407 1,230 6% Computer Services Fees 207,432 207,432 - 0% Advertising/Marketing Expenditure 10,144 10,144 - 0% Subtotal Professional Services $ 1,327,095 $ 1,313,779 $ 13,316 1% Vendor Services Contracted Pupil Transportation $ 458,316 $ 489,395 $ (31,079) -7% Contracted Mental Health Services 106,510 91,873 14,637 14% Extra -Curricular Activity Events & Transportation 44,450 43,980 470 1% Contracted Food Services 230,000 305,204 (75,204) -33% Drug Testing Fees 2,000 1,784 216 11% Licenses & Permits 2,365 2,691 (326) -14% Contacted Custodial Services 416,325 426,325 (10,000) -2% Contracted Security 219,235 216,986 2,249 1% Subtotal Vendor Services $ 1,479,201 $ 1,578,238 $ (99,037) -7% Administration Expenditures Travel $ 7,750 $ 7,184 $ 566 7% Meals 250 3,060 (2,810) -1124% Lodging 5,000 3,287 1,713 34% Business Expenditures - Other 11,892 4,363 7,529 63% Dues & Subscriptions 10,550 8,210 2,340 22% Printing 52,500 28,219 24,281 46% Office Supplies 12,200 8,792 3,408 28% Medical Supplies - 44 (44) 0% Subtotal Administration Expenditures $ 100,142 $ 63,159 $ 36,983 37% Instructional Expenditures Textbooks & Reference Books $ 57,275 $ 57,275 $ - 0% Consumable Instructional (Student) 11,000 11,850 (850) -8% Consumable Instructional (Teacher) 350 334 16 5% Instructional Licenses 109,609 73,007 36,603 33% Testing Materials 1,650 1,689 (39) -2% Florida Teacher Lead Program - 22,500 (22,500) 0% Contracted SPED Instruction 75,000 77,185 (2,185) -3% Subtotal Instructional Expenditures $ 254,884 $ 243,840 $ 11,044 4% Consolidated Financial Report Other Operating Expenditures Telephone & Internet $ 57,194 $ 38,022 $ 19,172 34% Postage 5,258 4,474 784 15% Electricity 154,665 147,972 6,693 4% Water & Sewer 47,940 60,613 (12,673) -26% Waste Disposal 19,173 31,556 (12,383) -65% Pest Control 8,865 5,329 3,536 40% Cleaning Services 88,417 57,867 30,550 35% Building Repairs & Maintenance 600,789 834,911 (234,123) -39% Equipment Repairs & Maintenance - 592 (592) 0% Miscellaneous Expenditures 48,924 143,144 (94,220) -193% Subtotal Other Operating Expenditures $ 1,031,225 $ 1,324,479 $ (293,254) -28% Fixed Expenditures Office Equipment - Leasing Expenditures $ 24,624 $ 31,035 $ (6,411) -26% Professional Liability & Other Insurance 135,435 113,235 22,200 16% Subtotal Fixed Expenditures $ 160,059 $ 144,271 $ 15,788 10% Rent Expense $ 444,000 $ 444,000 $ - 0% $ 13,659,077 $ 14,266,094 TOTAL OPERATING EXPENDITURES $ (607,017) -4% Capital Expenditures Computers - Hardware $ 185,415 $ 225,923 $ (40,508) -22% Computers - Software - 8,322 (8,322) 0% Audio Visual Equipment 36,900 7,821 29,079 79% FF&E 12,500 12,751 (251) -2% IT Infrastructure 25,000 8,200 16,800 67% Improvements Other than Building 26,655 33,835 (7,180) -27% Total Capital Expenditures $ 286,470 $ 296,852 $ (10,382) -4% Total Operating and Capital Expenditures $ 13,945,547 $ 14,562,946 $ (617,399) -4% Revenues less Total Operating and Capital Expenditures $ 56,355 $ 42,962 $ (13,393) -24% Long term Debt Repayment $ 51,232 $ 41,254 $ 9,978 19% Interest Payment $ 5,123 $ 1,708 $ 3,415 67% Total Operating and Capital Expenditures and Debt $ 14,001,902 $ 14,605,908 $ (604,006) -4% Change in Fund Balance $ - $ - $ - - CHARTER SCHOOLS USA MEMORANDUM TO: City Commission FROM: Charter Schools USA BY: Lechyana Knight, State Financial Director Ayanna Jeffrey, Senior Lead Financial Analyst DATE: July 2, 2026 SUBJECT: Ordinance Amending the 2025/2026 Budget - Don Soffer Aventura High School ("DSAHS") RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2025/2026 Don Soffer Aventura High School ("DSAHS") Budget. The total amount of the amendment is $647,281. BACKGROUND These amendments were developed collaboratively by CSUSA, including the Sr. Lead Financial Analyst and staff from several different divisions to project the final year-end revenues and expenditures. The goal was to ensure that any revenue overages or expenditure overruns are properly identified and adjusted, as necessary. The proposed amendments have been reviewed by both the City Manager and the Finance Director of the City of Aventura and represent a standard part of year-end fiscal operations. All revenues and expenditures were thoroughly reviewed, analyzed, and adjusted as deemed necessary. The notable adjustments to individual revenue and expenditure lines are detailed in this memorandum. Outlined below is a summary of the budget amendments, including brief explanations supporting each recommendation. The explanations provided in this memorandum are not designed to be exhaustive but are intended to highlight the most material and impactful adjustments. A detailed supporting schedule is also attached as Exhibit A. 1 REVENUE: Net increase of $647,281. Florida Education Finance Program — a budget increase of $153,009 is required largely due to higher than budgeted student enrollment (35 students) which resulted in greater revenue than originally budgeted being allocated by the Miami -Dade school district. Capital Outlay — a budget decrease of ($114,271) is required. This is due to the Capital Outlay rate per student paid by the FDOE being lower than originally budgeted. Grant Revenue — a budget increase of $86,531 is required. No grant revenues were included in the original budget; however, the school received Title IV, School Hardening and a specialty grant award from the district. Miscellaneous Revenues — a budget increase of $36,534 is required primarily to account for the City's estimated FY26 allocation of Pooled Equity Interest. This revenue was not included in the original budget. Other Program Revenues— a budget increase of $68,327 is required to recognize A+ Bonus revenue received from the District that was not included in the original budget. This additional revenue will be appropriated to the Bonuses expenditure account to fund the corresponding A+ Bonus payments to eligible teachers. Other Program Revenues- AP/RICE Revenues — a budget increase of $187,759 is required as the actual funds allocated by the Miami -Dade school district for FY2025/2026 was higher than the original budget. Other Program Revenues- Referendum Stipends — a budget increase of $174,056 is required to reflect referendum revenue received from the District at a rate higher than originally budgeted. This amendment will increase the Referendum Stipends expenditure account to align with the additional revenue and fund the corresponding stipend payments. Proceeds from Long Term Debt- Lease— a budget increase of $47,226 is required for leasing of certain computer hardware equipment not included in the original budget. EXPENDITURES: Net increase of $425,227. Total Compensation: requires a budget increase of $177,106 Administrative staff — ($114,207) decrease Instructional staff — ($118,506) decrease Bonuses — $139,116 increase Stipends — $232,726 increase Taxes & Benefits — $37,977 increase Administrative staff salaries— a budget decrease of ($114,207) is required mainly due to one (1) less AP and (1) less Dean position, partially offset by (1) additional Guidance position. Instructional Staff salaries— a budget decrease of ($118,506) is required as there were vacant positions for parts of the school year. Bonuses— a $139,116 budget increase is required due primarily to the A+ Revenues the City received and distributed that were not in the originally adopted budget. In addition, bonuses paid to instructional staff for AP/AICE passes were higher than budget. Stipends— a $232,726 budget increase is required primarily due to the Miami -Dade Referendum and additional stipends that exceeded the originally adopted budget. Taxes & Benefits— a budget increase of $37,977 is needed due to the increased elements of compensation cost detailed above. Vendor Services: a budget increase of $54,057 is required primarily due to increased Contracted Food Services of $15,594 because of higher than budgeted use of the service. Contracted Security expenses also increased by $20,679. Instruction Expenses: a budget increase of $35,957 is needed primarily due to Testing Materials expenses. Advance Placement and AIC exam entrance fees increased over the prior year. Other Operating Expenditures: a budget increase of $219,310 is needed. The most significant factor is Building Repairs & Maintenance expenses, which have exceeded the original budget primarily due to several unplanned expenses. These include $120,781 for HVAC maintenance, $22,758 for plumbing and parking lot repair expenses and $59,056 for R&M materials and supplies. Fixed Expenditures: a budget decrease of ($87,610) is required primarily due to lower than anticipated professional liability and general insurance expenses. Capital expenditure: a budget increase of $24,851 is required. Additional Verkada security system hardware and licenses, under Improvements Other than Building, not included in the original budget were purchased. In addition, higher than budgeted Furniture and Fittings replacements were needed. If you should have any questions related to the above proposed amendments, please feel free to contact the City Manager. 3 CITY OF AVENTURA ORDINANCE NO. 2026-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2025-08, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FOR FISCAL YEAR 2025/2026 (JULY 1 - JUNE 30) BY REVISING THE 2025/2026 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of Don Soffer Aventura High School and upon the recommendations of the Principal of the Don Soffer Aventura High School, the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2025/2026 Operating and Capital Budget of the Don Soffer Aventura High School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2025-08, which Ordinance adopted a budget for the 2025/2026 fiscal year for Don Soffer Aventura High School by revising the 2025/2026 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2026 - Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. 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. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg Page 2 of 3 City of Aventura Ordinance No. 2026 - PASSED on first reading this 7th day of July, 2026. PASSED AND ADOPTED on second reading this 8th day of September, 2026. 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 DON SOFFER AVENTURA HIGH SCHOOL Consolidated Financial Report Enrollment 800 835 35 4% FEFP rate per Student $ 8,094 $ 7,943 $ (151) -2% REVENUE: FTE $ 6,475,204 $ 6,628,213 $ 153,009 2% Capital Outlay 1,333,600 1,219,329 (114,271) -9% NSLP Revenue (National School Lunch Program) 140,000 106,163 (33,837) -24% Food Service Revenue 47,945 89,892 41,947 87% Grants - Federal/State/Local - 86,531 86,531 0% Miscellaneous Revenues (includes E -Rate Program) 27,760 64,294 36,534 132% Other Program Revenue - 68,327 68,327 0% AP/AICE 2,000,000 2,187,759 187,759 0% Referendum Stipends 1,288,048 1,462,104 174,056 14% Subtotal Operating Revenue $ 11,312,557 $ 11,912,612 $ 600,055 5% Proceeds from Long Term Debt- Lease - 47,226 47,226 0% TOTAL REVENUE $ 11,312,557 $ 11,959,838 $ 647,281 6% EXPENDITURES Administrative Staff Principal 1.0 1.0 Assistant Principal 4.0 3.0 School Operations Administrator 1.0 1.0 Administrative Assistant 1.0 1.0 Receptionist 1.0 1.0 Enrollment Management 1.0 1.0 Guidance Counselor 2.0 3.0 Plant Operation - Salaried 1.0 1.0 IT Support 1.0 1.0 Nurse 1.0 1.0 Subtotal Administrative Staff $ 1,021,788 14.0 $ 907,581 $ 114,207 11% Instruction Staff Teachers (9-12) 43.0 1 44.0 ESE/Special Education Teachers 2.0 2.0 Curriculum Resource Teacher 1.0 1.0 Athletic Director 1.0 - Subs 2.0 3.0 Subtotal Instructional Staff 49.0 $ 3,226,083 50.0 $ 3,107,577 $ 118,506 4% Tutoring $ 76,862 $ 76,862 $ - 0% Bonuses 132,270 271,386 (139,116) -105% Stipends 1,220,533 1,453,259 (232,726) -19% Benefits 450,425 512,015 (61,590) -14% Workers' Compensation 23,368 - 23,368 100% Payroll Taxes 445,670 445,425 245 0% Subtotal Other Compensation - Group Insurance, Benefits, and Payroll Taxes $ 2,349,129 $ 2,758,948 $ (409,819) -17% $ 6,597,000 64.0 $ 6,774,106 Total Compensation 63.0 $ (177,106) -3% DON SOFFER AVENTURA -HIGH SCHOOL ...• .-II .. Consolidated Financial Report : Professional Services Management Fee $ 905,005 $ 905,005 $ - 0% Legal Fees 11,529 11,529 - 0% Fee to County Board 101,175 89,239 11,936 12% Outside Staff Development 73,854 80,064 (6,210) -8% Accounting Services -Audit 11,900 12,523 (623) -5% Professional Fees - Other 18,300 11,727 6,573 36% Computer Services Fees 160,800 167,735 (6,935) -4% Advertising/Marketing Expenditure 16,363 16,363 - 0% Subtotal Professional Services $ 1,298,926 $ 1,294,184 $ 4,742 0% Vendor Services Contracted Pupil Transportation $ 199,595 $ 209,596 $ (10,001) -5% Contracted Mental Health Services 68,385 76,169 (7,784) -11% Extra -Curricular Activity Events & Transportation 195,234 195,234 - 0% Contracted Food Services 163,809 179,403 (15,594) -10% Drug Testing Fees 665 665 - 0% Licenses & Permits 2,012 2,012 - 0% Contacted Custodial Services 269,536 269,536 - 0% Contracted Security 216,777 237,456 (20,679) -10% Subtotal Vendor Services $ 1,116,013 $ 1,170,070 $ (54,057) -5% Administration Expenditures Travel $ 14,871 $ 10,676 $ 4,196 28% Meals 1,034 2,074 (1,041) -101% Lodging 3,000 3,252 (252) -8% Business Expenditures - Other 1,287 429 858 67% Dues & Subscriptions 4,379 4,379 - 0% Printing 9,463 11,424 (1,961) -21% Office Supplies 17,194 9,251 7,942 46% Medical Supplies 2,610 2,610 - 0% Subtotal Administration Expenditures $ 53,837 $ 44,095 $ 9,742 18% Instructional Expenditures Textbooks & Reference Books $ 44,084 $ 64,285 $ (20,201) -46% Consumable Instructional (Student) 45,087 45,414 (328) -1% Consumable Instructional (Teacher) - 9,121 (9,121) 0% Instructional Licenses 57,548 51,601 5,947 10% Testing Materials 563,600 588,562 (24,962) -4% Florida Teacher Lead Program - 12,600 (12,600) 0% Contracted SPED Instruction 26,760 1,452 25,308 95% Subtotal Instructional Expenditures $ 737,078 $ 773,035 $ (35,957) -5% Other Operating Expenditures Telephone & Internet $ 33,963 $ 39,037 $ (5,074) -15% Postage 2,476 2,476 - 0% Electricity 132,944 113,205 19,739 15% Water& Sewer 13,461 13,461 - 0% Waste Disposal 46,919 46,919 - 0% Pest Control 3,935 3,935 - 0% Cleaning Services 26,778 37,490 (10,712) -40% Building Repairs & Maintenance 211,489 418,693 (207,204) -98% Equipment Repairs & Maintenance - 4,870 (4,870) 0% Personal Property Tax - 3,150 (3,150) 0% Miscellaneous Expenditures 37,075 45,113 (8,038) -22% Subtotal Other Operating Expenditures $ 509,041 $ 728,351 $ (219,310) -43% DON SOFF£R (� AVENTURA HIGH SCHOOL Consolidated Financial Report Fixed Expenditures Office Equipment - Leasing Expenditures $ 13,560 $ 11,051 $ 2,509 19% Professional Liability & Other Insurance $ 340,338 $ 255,237 $ 85,101 25% Subtotal Fixed Expenditures $ 353,898 $ 266,288 $ 87,610 25% 10,665,792 $ 11,050,129 TOTAL OPERATING EXPENDITURES $ $ (384,337) -4% Capital Expenditures Computers - Hardware $ 90,673 $ 65,841 $ 24,832 27% Computers - Software - 22,294 (22,294) 0% Audio Visual Equipment 25,000 21,722 3,278 13% FF&E 14,564 31,616 (17,052) -117% Improvements Other than Building 8,887 22,501 (13,614) -153% Total Capital Expenditures $ 139,124 $ 163,975 $ (24,851) -18% Long Term Debt - 16,039 (16,039) 0% Total Unadjusted Operating and Capital Expenditures $ 10,804,916 $ 11,230,143 $ (425,227) -4% Revenues less Total Operating and Capital Expenditures $ 507,640 $ 729,695 $ 222,055 44% Other Income / Expenses $ - $ - $ - 0% Total Operating and Capital Expenditures and Debt $ 10,804,916 $ 11,230,143 $ (425,227) -4% Change in Fund Balance $ 507,640 $ 729,695 $ 222,055 44% CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Bryan Pegues, City Manager DATE: July 2, 2026 SUBJECT: Commission Consideration of Lien Search Fee Increase June 28, 2026 City Commission Workshop Meeting Agenda July 7, 2026 City Commission Meeting Agenda (First Reading) September 8, 2026 City Commission Meeting Agenda (Second Reading) RECOMMENDATION The Community Development Department brings forth for consideration an increase of the City's lien search fee from $50 to $125 in order to better align with pricing structures in neighboring municipalities and adequately recover administrative costs. BACKGROUND Lien search requests are processed as an administrative function by the Community Development Department to provide information regarding expired permits, outstanding code violations, unpaid fees, and other encumbrances on properties within the City of Aventura. The department maintains a turnaround time of three business days, and typically less. The City's lien search fee has not been adjusted in over two decades; the last change occurred in 2004, when the fee was increased from $25 to $50. Because this fee has remained unchanged for so many years, it is significantly lower than the rates charged by nearby municipalities. Increasing the fee to $125 will bring Aventura's pricing in line with regional standards and ensure that the City is adequately compensated for the staff time and resources required to maintain records and complete each search efficiently. Based on historical data, the City receives roughly 1,560 lien search requests annually, averaging about 130 per month. The proposed fee increase is projected to generate additional revenue that will support departmental operations and offset the administrative costs associated with lien processing. To prevent the lien search fee from becoming structurally outdated in the future, the proposed ordinance will allow the fee to be adjusted periodically — annually at most -- as an administrative function. The increases will be capped by the annual increase in the Consumer Price Index (CPI), ensuring cost recovery keeps pace with inflation. CURRENT FEES Aventura $ Bal Harbour $ Key Biscayne $ Sunny Isles Beach $ Pinecrest $ Hallandale Beach $ SUGGESTED INCREASE 50.00 50.00 55.00 75.00 156.00 295.00 ., Bal Harbour $ 50.00 Key Biscayne $ 55.00 Sunny Isles Beach $ 75.00 Aventura $ 125.00 Pinecrest $ 156.00 Hallandale Beach $ 295.00 CITY OF AVENTURA ORDINANCE NO. 2026-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE IV "FINANCE" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE, BY AMENDING SECTION 2-232 "REQUESTS FOR INFORMATION CONCERNING PENDING CHARGES OR LIENS; PREPARATION AND RECORDING OF LIENS AND LIEN SATISFACTIONS" TO INCREASE THE LIEN SEARCH FEE FROM FIFTY DOLLARS ($50.00) TO ONE HUNDRED TWENTY FIVE DOLLARS ($125.00); ALLOWING AN ANNUAL INCREASE IN THE FEE TO BE MADE ADMINISTRATIVELY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 9, 2004, the City Commission (the "City") passed and adopted Ordinance No. 2004-18, which provided for an increase in the fees for information concerning pending charges or liens, preparation and recording of liens and lien satisfactions; and WHEREAS, the City Commission has not increased such rates since 2004; and WHEREAS, the City Commission desires to increase the current fee from fifty dollars ($50.00) to one hundred twenty five dollars ($125.00); and WHEREAS, the City Commission finds that the adoption of this Ordinance is in the best interests of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Incorporated. That each of the above -stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Section 2-232 "Requests for information concerning pending charges or liens; preparation and recording of liens and lien satisfactions", of Article IV, "Finance", of Chapter 2 "Administration" of the City Code of the City of Aventura is hereby amended to read as follows': 1 Proposed additions to City Code are indicated by underline; Proposed deletions from City Code are indicated by trikcthrough. City of Aventura Ordinance No. 2026 - Chapter 2 — Administration ARTICLE IV- Finance Section. 2-232. - Requests for information concerning pending charges or liens; preparation and recording of liens and lien satisfactions. The service fee charged to a person making a request for information concerning outstanding or pending charges or liens shall be $125 per request effective October 1, 2026 for the City's Fiscal Year 2026/2027. This fee may be increased annually by the City Manager as necessary to reflect increases in the consumer price index and shall be published annually in the City's Schedule of Fs Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura, that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions, and that the word Ordinance shall be changed to Section or other appropriate word. Section 5. Implementation. That the City Manager is hereby authorized to take any action which is necessary to implement this Ordinance. Section 6. Effective Date. That this Ordinance shall be effective on October 1, 2026. Page 2 of 4 City of Aventura Ordinance No. 2026 - The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain 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 Gustavo Blachman Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Paul A. Kruss Commissioner Cindy Orlinsky Vice Mayor Clifford B. Ain Mayor Howard S. Weinberg PASSED on first reading this 7th day of July, 2026. PASSED AND ADOPTED on second reading this 8th day of September, 2026. Page 3 of 4 City of Aventura Ordinance No. 2026 - HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 4 of 4