04-20-1999 Commission Meeting
City of A ventura
Citv Commission
Arthur L Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Citv Manal!er
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Ho1zberg
Jeffrey M. Perlow
Citv Clerk
Teresa M. Soroka, CMC
Citv Attornev
Weiss Serota Helfman
Pastoriza & Guedes
Special Commission Meeting
April 20, 1999 9 AM
Government Center
2999 NE 191" Street Suite 500
Aventura, Florida 33180
AGENDA
1. CALL TO ORDER/ROLL CALL
2. PUBLIC HEARING -EMERGENCY ORDINANCE:
AN EMERGENCY ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 10
"ANIMALS," AMENDING PARAGRAPH (D) "CANINES TO BE
LEASHED," OF SECTION 10-1 "REMOVAL OF CANINE FECAL
MATTER; CANINES TO BE LEASHED," BY PROVIDING FOR
EXEMPTION TO CANINE LEASH REQUIREMENT AT DESIGNATED
PUBLIC PARK LOCATION DURING DESIGNATED HOURS;
PROVIDING FOR DECLARATION OF EMERGENCY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
3. RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 99-4-5-2, B1SCAYNE 4/FEC LANDSCAPE BUFFER, TO
VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF
$849,100.15. AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER
April 20, 1999 Commission Meeting
TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT
THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
4. ADJOURNMENT
This meaing 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 mating because of that disability should contact the Office of the City Clerk, 305A66-8901, not later than two
days prior to sud! proceeding.
Anyone wishing to appeal any decision made by the AVaItur8 City Commission with respect to any matter considered at suw meeting or hearing will
need a record of the proceedings and, for such! purpose, may need to msurethat a verbatim record of the proceedings is made" which record includes
the testimony and evidence upoo which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Govemmmt Center, 2999 NE 191" Strett, Suite 500, AVf21.tura,
Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contad the City Clerk at 305-466-8901.
2
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING THE CITY CODE BY
AMENDING CHAPTER 10 "ANIMALS," AMENDING
PARAGRAPH (D) "CANINES TO BE LEASHED," OF
SECTION 10-1 "REMOVAL OF CANINE FECAL MATTER;
CANINES TO BE LEASHED," BY PROVIDING FOR
EXEMPTION TO CANINE LEASH REQUIREMENT AT
DESIGNATED PUBLIC PARK LOCATION DURING
DESIGNATED HOURS; PROVIDING FOR DECLARATION
OF EMERGENCY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Declaration of Emeraencv. The City Commission hereby finds that
pursuant to Section 4.04(a) of the City Charter an emergency exists necessitating the
adoption of this ordinance so as to preserve and protect the public peace and to enable
the Commission to: (1) upon a trial basis, allow dog owners to utilize a designated
portion of the southern area of the City's Founders Park for unleashed dogs, during
designated hours; (2) amend Section 10-1(d) of the City Code accordingly, so that
persons participating in such trial period activities will not be in violation of the
provisions of the City Code.
Section 2. Amendment. That Section 10-1 "Removal of canine fecal matter;
canines to be leashed" of Chapter 10 "Animals" of the City Code, is hereby amended by
amending paragraph (d) "Canines to be leashed" to read as follows: 1
Sec. 10-1. Removal of canine fecal matter; canines to be leashed.
1 I Underlined provisions are additions to text of existing code.
Ordinance No. 99-_E
Page 2
(a) Removal of fecal matter required. It shall be unlawful for any owner or
person in control or having custody of any canine to fail to remove the
fecal matter of such animal from:
(1) The street, sidewalk, swale, bike path, park area or any
other public property; or
(2) Any private property not belonging to the owner or person
having custody of the canine.
(b) Disposal of fecal matter. For the purpose of this section, all fecal
matter shall be immediately removed by placing such matter in a bag,
wrapper, or closed or sealed container and thereafter disposing of it in a
trash receptacle, sanitary disposal unit or other closed or sealed container.
(c) Responsibility of property owners. Any person owning or leasing any
private property in the City is responsible for maintaining such property in
an odor-free and sanitary condition in accordance with this section.
(d) Canines to be leashed. It shall be unlawful to take an unleashed
canine into, or to keep any unleashed canine in or upon, any public
property in the City, except upon that portion of the Founders Park (the
"Park") property located south of NE 190th Street. and at a time period
desianated by the City as a time at which canines may be without a leash.
under circumstances in which their owner or custodian is present. The
desianated time for unleashed canines shall be from 5:00 p.m. until the
daily closina time for the Park. A violation of the restrictions or conditions
applicable to the allowina of unleashed canines. constitutes a violation of
this section. In any event. unleashed canines shall not be allowed durina
times that the southern portion of the Park is temporarilY closed for special
events authorized by City.
(e) Penalty. Except as otherwise provided, a violation of this section shall
be subject to the issuance of a citation, and shall be subject to:
(1) A fine not exceeding $25.00 for a first violation;
(2) A fine not exceeding $50.00 for a second violation within one
year of the first violation; and
(3) A fine not exceeding $100.00 for each additional violation
within one year of the second or subsequent violation.
(f) Exceptions. This section shall not apply to blind persons
accompanied by a guide dog used for their assistance.
2
Ordinance No. 99-_E
Page 3
Section 3. Severabilitv. 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. Effective Date. This ordinance, having been adopted as an
emergency ordinance, by no less than the affirmative vote of five Commissioners, shall
become effective immediately upon adoption hereof, and shall be limited to a duration of
60 days from adoption, unless extended by subsequent ordinance.
The foregoing Ordinance was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 20th day of April, 1999.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF A VENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE: April 12, 1999
TO: City Commission
FROM: Eric M. Soroka, City
BY: Antonio F. Tomei,
SUBJECT: Bid No. 99-4-5-2, Biscayne Blvd. Phase 4/FEC Landscape Buffer
April 20, 1999 City Commission Meeting Agenda Item 3
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 99-4-5-2, Biscayne Boulevard Phase 4/FEC Landscape Buffer to the lowest
responsible and responsive bidder, Vila and Son Landscaping Corporation for the
price of $849,100.15. This project is included in the Capital Improvements Program.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on April 5, 1999. The City received two (2) bids for this project
together with a letter from a third indicating they chose not to submit. The bids
submitted are as follows:
Vila & Son Landscaping Corp.
Recio & Associates
Arazoza Brothers Corp.
$849,100.15
$887,772.75
(No Bid)
This bid price provides for the construction of landscaping improvements within the
Biscayne Boulevard median and the FEC easement adjacent to the North FOOT right-
of-way line from the Oleta River north to Miami Gardens Drive.
City Commission
April 15, 1999
Page Two
The recommended bid is within the $1,250,000 included in the budget.
If you have any questions or need any additional information, please feel free to
contact me.
AFT
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 99-4-5-2, BISCAYNE 4/FEC LANDSCAPE BUFFER, TO
VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF
$849,100.15. AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 99-4-5-2, Vila & Son Landscaping
Corporation; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the projecUwork as cited above; and
WHEREAS, staff has determined that Vila & Son Landscaping Corporation, has
submitted the lowest responsible and responsive bid for said projecUwork; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 99-4-5-2, Biscayne 4/FEC
Landscape Buffer, is hereby awarded to Vila & Son Landscaping Corporation in the
Resolution No.
Page 2
amount of $849,100.15.
Section 2: The City Manager is hereby authorized to execute, on behalf of the
City, a contract by and between the parties embodying the terms, conditions,
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
Capital - Beautification Projects Line Item No. 001-8050-541-6301.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing resolution was offered by
, who moved its
adoption. The motion was seconded by
and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
Resolution No.
Page 3
PASSED AND ADOPTED this 20th day of April, 1999.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY