02-21-2002 Workshop19200 West Country Clah Drive Aventura. Fl.
City Commission
Workshop Meeting'
February 21, 2002
9:00 A.M.
2.
3.
4.
5.
Sa
AGENDA
NE 188th Street Re-Zoning/Pedestrian Promenade*
Founders Park Gazebo Bandstand*
Cultural Center Foundation Members
Cone of Silence/Bid Protest Procedure *
City Informational Meetings with Condos
(Mayor Perlow)
Billboards
Adjournment
* Back-up Information Exists
Next Meeting:
· Professional Fund Raising Services
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, not later than two days prior to such proceeding.
Next Meeting: March 21, 2002
CITY OF AVENTURA
OFFICE OF THE CiTY MANAGER
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
City Commission
Review of N.E. 188th Street Zoning Districts I Implementation of
Pedestrian Promenade
Workshop Agenda Item
RECOMMENDATION
It is recommended that the City Commission revise the RMF3A & RMF3B Zoning
requirements to provide for an incentive program that will facilitate the construction of a
pedestrian promenade along the shoreline.
BACKGROUND
In light of recent discussions held at the Commission Meeting and the City Attorney's
office opinion that without specific incentives the requirements of a pedestrian
promenade could be viewed as a "taking", this could place the City in the position of
financially compensating the property owners, unless specific incentives are
incorporated in the zoning regulations.
VVhile this report focuses on the incorporation of incentives for the development of the
promenade, staff and I have spent a great deal of time studying the effects of the new
zoning requirements along NE. 188r" Street to determine the feasibility of developing
the residential property at a level that the staff feels is consistent with the City. Simply
stated, we did not want to create new regulations that would make development difficult
to the point that only small rental units would be feasible in the area. This report was
prepared with input from our planning staff and planning consultant.
The City over the next two years will be investing over $20 million in public funds for a
school, community center, road and beautification improvements. It is important that
the development be consistent with these investments and at the same time occur in a
short period of time (1-4 years). The placement of residential development along N.E.
188t~ Street will also expedite the Town Center to be located at Loehmann's Fashion
Island.
Memo to City Commission
Page 2
It should be pointed out that the promenade was a requirement under the former TC 2
zoning district. If we choose not to rezone the area, we would still be required to
formulate incentives to facilitate the promenade. Based on the addition of a school and
community center, economic studies and input from our planning consultants, it is our
opinion the proposed re-zoning to Iow-medium residential is in the best interests of the
City and will reduce traffic in the area by almost 75%.
Pedestrian Promenade
This section should be clarified that the promenade will be dedicated to the City by
easement in order to ensure that the area is included for calculations of determining
density and open space requirements. Second, the developer's responsibility to build
to certain standards as determined by the City should be made clear. This should be
done by reference to separate promenade design criteria. The minimum width should
be clarified as a minimum of 10' of unobstructed passageway, not a 10' easement that
may be reduced to 8' after taking out retaining walls, railings, lighting fixtures, etc. I
want to make it clear to the City Commission that the City will assume the
responsibilities for security, maintenance and the cost of lighting of the promenade.
This will have a financial impact on future budgets.
Incentives for Pedestrian Promenade
The incentives should clearly identify a measure of additional development not
achievable under base zoning, thus offering real value to those developers who will be
required to provide the easement and construction of the promenade,
Without increased density, which we do not recommend, we need to focus on
incentives that would remove impediments that presently preclude developers from
achieving maximum density. In addition, the incentives should also assist in creating
larger unit sizes. Our studies indicate that the proposed zoning regulations would
motivate a developer to build small units with an average size of 950 s.f. if they wished
to maximize the permitted density.
The following incentives are recommended as a package:
Reduce view corridors from 10% to 3%.
Reduce driveway separation requirements provided it meets safety and
traffic engineering standards.
Eliminate FAR requirements.
Increase maximum permitted height from four to five stories.
Private property underwater can be counted toward open space and
density calculations.
Memo to City Commission
Page 3
6. Developer would not be required to reimburse the City for the cost of
sidewalks on NE. 188th Street.
7. The promenade can be counted toward open space and density
calculations.
Given the desire to retain the 35 du/acre density, the only meaningful incentive will be
to permit an increase in building volume, allowing an increase in unit sizes. The
question is how much of an incentive is meaningful and reasonably proportioned to the
promenade requiremerits without compromising the Iow-density character of the district.
The method of allowing increased building volume is to reduce or eliminate FAR
restrictions either by allowing structures to rise above four stories, or by allowing
building mass to expand by increasing development footprint and reducing open space.
Of these two alternatives, raising the height limit is preferable. The most practical
measure of increased development intensity is to add an additional floor along with
eliminating FAR restrictions.
The view corridor reduction is recommended in light of the fact that the promenade
would serve a better public purpose than view corridors considering requiring the
developer to set aside non-buildable areas. The driveway separation issue is critical to
those developments that would expect to build gated communities due to vehicle
stacking issues.
It has been the City's position that new developments are required to pay for public
improvements adjacent to their properties. In the case of NE. 188t~ Street, the
developer would be required to pay its pro-rata share of roadway improvements,
sidewalks, landscaping and decorative street lighting. The incentive package provides
that the developer would be allowed a credit toward the sidewalk improvements if they
build the promenade adjacent to their property.
Summary
In summary, the recommended incentive package should be incorporated in the zoning
districts along N.E. 188th Street in order to ensure that the pedestrian promenade is
built. In our opinion, the recommended incentives maintain the integrity of the purpose
of the zoning districts. Importantly, it does not increase density and maintains open
space requirements.
EMS/aca
CC01052--02
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ~
Eric M. Soroka, City, y,y~,a,~a~%
L/\
February 14,2002~ % '~
Founders Park Gazebo Bandstand
Workshop Agenda Item
RECOMMENDATION
It is recommended that the City Commission cancel the Founders Park Gazebo
Bandstand project. The expense of construction cannot be justified for a facility that
may only be used six times a year. As an alternative, the new Community Recreation
Center could accommodate small concerts and Founders Park ballfields could
accommodate large concerts.
BACKGROUND
In 2000, the City bid the Gazebo Bandstand project for construction. The Iow bid was
$305,000. Based on the fact that the bid was $100,000 higher than the amount
estimated by our former engineers, the Commission took action to delay construction
and combine the project with the Community Recreation Center.
As previously reported, James A. Cummings, our Construction Manager, bid the project
in January. The GMP (Guaranteed Maximum Price) was $360,000.
EMS/aca
CC01049-02
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission i M~.~r
Eric M. Soroka, C
February 15, 2002
Proposed Cone of Silence Ordinance
Workshop Agenda Item
RECOMMENDATION
It is recommended that the City Commission opt out of the Miami-Dade County Cone of
Silence requirements and establish the City's own Cone of Silence requirements. The
Ordinance continues the theme established by the City Commission to ensure that
purchasing transactions are awarded based on merit and seeks to reduce outside
influences on the process. We are fortunate that we have not experienced abuses that
the County has in years past. However, in order to be proactive, it is important to
consider the Ordinance.
BACKGROUND
Section 2-11.1(t) of Miami-Dade County Code establishes the "Cone of Silence"
requirements, as it relates to procurement processes such as Request for Proposal
(RFP), Request for Qualifications (RFQ) and Invitation to Submit Qualifications (ISQ).
Simply stated, the Cone of Silence restricts communications between the bidder or
proposer and the City staff and Commission during the period of time that the notice is
issued and the recommendation is issued. The purpose of this County Ordinance was
to eliminate any undue influence or lobbying while the purchasing process was in effect
and before a recommendation was made by the County Manager.
County Ordinance allows cities to opt out of Section 2-11.1(t). Although I agree in
concept with the Cone of Silence, it is my opinion that the County requirements in some
Memo to City Commission
Page 2
cases are too cumbersome and in other cases do not go far enough to address the
issue. For this reason, the City Attorney and I have drafted a new Ordinance tailored to
meet our needs and better address the issues.
The proposed Ordinance seeks to accomplish the following:
Streamline the process.
Allows the City Commission to interact with staff regarding purchasing
transactions recommendations that appear on the Commission Agenda.
Prohibits the City Commission, City Manager and staff from
communicating with a potential vendor during the time the Cone of
Silence is in effect.
Allows communication between the potential vendor and the City's
Purchasing Agent or City employee designated for administering the
procurement process, provided the communication is limited to matters of
procedure.
Provides for reasonable exceptions that ensure that the playing field is
level for all bidders.
The Cone of Silence is imposed at the time the item is advertised and
terminates at the beginning of the City Commission Meeting at which the
item will be considered.
EMS/aca
Attachment
CC01050~02
ORDINANCE NO. 2002
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CITY TO OPT OUT OF AND
EXEMPT ITSELF FROM TIlE REQUIREMENTS OF
SECTION 2-11.1(T) OF THE MIAMI-DADE COUNTY CODE
CONCERNING CONE OF SILENCE REQUIREMENTS
RELATED TO PURCHASING TRANSACTIONS;
AMENDING THE CITY CODE BY ADOPTING SECTION 2-
260 "CONE OF SILENCE" OF CHAPTER 2
"ADMINISTRATION," PROVIDING CITY'S CONE OF
SILENCE REQUIREMENTS RELATED TO
COMMUNICATIONS WITH ~ CITY DURING
PURCHASING TRANSACTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Miami-Dade County, Florida, has
recently adopted an amendment to Section 2-11.1(t) of the Miami-Dade County Code (the
"County Code"), so as to remove any question of municipal autonomy in purchasing
transactions, and to enable municipalities to opt out of and exempt themselves from the
requirements of Section 2-11. l(t) "Cone of Silence" of the County Code; and
WHEREAS, the City Commission finds that any necessary restrictions upon bidder or
proposer communications with the City during the competitive bidding or proposal process
related to purchasing transactions may be provided by municipal ordinance and by including
appropriate provisions within the specifications for the purchasing transaction, rather than being
mandated by a County ordinance which is not tailored to meet local concerns and procedures.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and
adopted.
Section 2. Opt Out Invoked. It is hereby provided that the provisions of Section 2-
ll.l(t) "Cone of Silence," of the Miami-Dade County Code shall not apply to the City of
Aventura. This opt out provision shall prevail over any conflicting City Ordinance.
Section 3. Cit3' Code Amended. That the City Code of the City of Aventura is hereby
amended by creating Section 2-260 "Cone of Silence" of Chapter 2 "Administration" to read as
follows:
Section 2-260. Cone of Silence.
(a) Definitions. "Cone of Silence", as used herein, means a prohibition on
any communication regarding a particular Request for Proposal
("RFP"), Request for Qualification ("RFQ") or bid, between:
a potential vendor, service provider, proposer, bidder, lobbyist, or
consultant, and:
the City Commissioners, City's professional staffincluding, but not
limited to, the City Manager and his or her staff, any member of
the City's selection or evaluation committee.
Co)
Restriction; Notice. A Cone of Silence shall be imposed upon each
RFP, RFQ and bid aiter the advertisement of said RFP, RFQ or bid. At
the time of imposition of the Cone of Silence, the City Manager or his
or her designee shall provide for public notice of the Cone of Silence
by posting a notice at the City Hall. The City Manager shall issue a
written notice thereof to the affected departments, file a copy of such
notice with the City Clerk, with a copy thereof to each City
Commissioner, and shall include in any public solicitation for goods
or services a statement disclosing the requirements of this section.
(c)
Termination of Cone of Silence. The Cone of Silence shall terminate
at the beginning of the City Commission meeting at which the City
Manager makes his or her written recommendation to the City
Commission. However, if the City Commission refers the Manager's
recommendation back to the Manager or staff for further review, the
Cone of Silence shall be reimposed until such time as the Manager
makes a subsequent written recommendation.
(d) Exceptions To Applicability. The provisions of this section shall not
apply to:
(1) oral communications at pre-bid conferences;
(2) oral presentations before selection or evaluation committees;
(3) public presentations made to the City Commissioners during
any duly noticed public meeting;
(4) communications in writing at any time with any City
employee, unless specifically prohibited by the applicable
RFP, RFQ or bid documents. The bidder or proposer shall
file a copy of any written communication with the City Clerk.
The City Clerk shall make copies available to any person
upon request;
(5) communications regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP, RFQ or
bid, provided the communication is limited strictly to matters
of process or procedure already contained in the
corresponding solicitation document;
(6) communications with the City Attorney and his or her staff;
(7) duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City Manager
makes his or her written recommendation;
(8) any emergency procurement of goods or services pursuant to
City Code;
(9) responses to the City's request for clarification or additional
information;
(10) contract negotiations during any duly noticed public meeting;
(11) communications to enable City staff to seek and obtain
industry comment or perform market research, provided all
communications related thereto between a potential vendor,
service provider, proposer, bidder, lobbyist, or consultant and
any member of the City's professional staff including, but not
limited to, the City Manager and his or her staffare in writing
or are made at a duly noticed public meeting.
(e) Penalties. Violation of this section by a particular bidder or proposer
shall render any RFP award, RFQ award or bid award to said bidder or
proposer voidable by the City Commission or City Manager. Any
person who violates a provision of this section may be prohibited from
serving on a City selection or evaluation committee. In addition to any
other penalty provided herein, violation of any provision of this
section by a City employee may subject said employee to disciplinary
action.
Section 4. Sevecability. 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 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 $. 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 made a part of the Code
of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or
other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
Section 7. Notification. That the City Clerk shall provide a copy of this Ordinance to
the Miami-Dade County Ethics Commission.
The foregoing Ordinance was offered by Commissioner
its adoption on first reading. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay IL Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffi-ey M Perlow
its
, who moved
The foregoing Ordinance was offered by Commissioner
adoption
who moved
on second reading. The motion was seconded by Commissioner
, and, upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay 1L Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzbe~g
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this day of
PASSED AND ADOPTED on second reading this day of
,2002.
,2002.
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission y ~nag~
Eric M. Soroka, Cit
February 15, 2002
Proposed Ordinance Establishing Procedures for Resolving
Bid Protests
Workshop Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
establishes procedures fo.r resolving bid protests.
BACKGROUND
The City Commission previously requested the City Administration to investigated the
possibility of establishing procedures for bid protests. This was raised at the time the
RFP for the Charter School Management Company was awarded.
It is the intent of the Ordinance that all procedural and technical issues related to bids,
RFPs, RFQs and contract awards be decided by the City Manager and the City
Attorney upon written receipt of a protest. All bidders will be notified following the
release of the City Manager's written recommendation. At which time a bidder may file
a pretest.
At the time the City Manager's recommendation is presented at a Meeting, the City
Attorney will advise the City Commission of any legal issues relative to any bid protest
filed in connection wit the bid in question.
EMS/aca
CC01051-02
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING PROCEDURES FOR RESOLVING PROTESTS
CONCERNING BIDS (BIDS), REQUEST FOR PROPOSALS
(RFP'S), REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST
FOR LETTERS OF INTEREST (RFLI'S), AND PURCHASE
ORDERS BASED ON WRITTEN OR ORAL QUOTATIONS, BY
AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF
AVENTURA ENTITLED "ADMINISTRATION"; BY AMENDING
ARTICLE IV ENTITLED "FINANCE" DIVISION 3 ENTITLED
"PURCHASING"; BY CREATING SECTION 2-259 ENTITLED
"AUTHORITY TO RESOLVE PROTESTED BIDS AND
PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, from time to time the City procures goods and services
through Invitation for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, in accordance with the public bidding procedures set forth in Flodda
law and the Code of the City of Aventura (the "City Code"); and
WHEREAS, such process may lead to protested bids and proposed
awards; and
WHEREAS, it is the intent of the City Commission that procedural and
technical issues related to Invitations for Bids, Requests for Proposals, Requests
for Qualifications, Requests for Letters of Interest, and purchase orders based on
written or oral quotations, be decided by the City Manager and the City Attorney,
and that their determinations with respect to said procedural and technical issues
shall be deemed final; and
WHEREAS, it is in the best interests of the City and all respondents to
Invitations for Bids, Requests for Proposals, Requests for Qualifications,
Requests for Letters of Interest, and purchase orders based on written or oral
quotations, to have a clear and unequivocal procedure for resolving such
protests in a timely and expeditious manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA, as follows:
Section 1. There is hereby created and added to Article IV "Finance"
Division 3 "Purchasing" of Chapter 2 "Administration" of the City Code a new
Section 2-259 "Authority to Resolve Protested Bids and Proposed Awards",
which shall read as follows:
Ordinance No. 2002-_
Page 2
Section 2-259. Authority to Resolve Protested Bids and Proposed Awards.
(a) Right to Protest. Any actual bidder, or qualified proposer
(hereinafter collectively referred to as the "bidder") who has a substantial
interest in, and is aggrieved in connection with the solicitation or proposed
award of, a request for proposals ("RFP"), request for qualifications
("RFQ'), request for letters of interest ("RFLI') or invitation for bid for goods
and/or services ("hereinafter, collectively referred to as the bid") may
protest to the City Manager or his or her designee. Protests arising from
the decisions and votes of any evaluation or selection committee shall be
limited to protests based upon alleged deviation(s) from established
purchasing procedures set forth in this Code, any written guidelines issued
by the City, and the specifications, requirements and/or terms set forth in
any bid. This section shall not be applicable if the bid specifications
expressly so state.
(1) Any protest concerning the bid specification
requirements, and/or terms must be made within three
business days (for the purposes of this ordinance, "business
day" means a day other than Saturday, Sunday or a national
holiday), from the time the facts become known and, in any
case, at least two business days prior to the opening of the
bids. Such protest must be made in writing to the City
Manager or his or her designee, and such protest shall state
the particular grounds on which it is based and shall include
all pertinent documents and evidence. No bid protest shall
be accepted unless it complies with the requirements of this
section. Failure to timely protest bid specifications,
requirements and/or terms is a waiver of the ability to protest
the specifications, requirements and/or terms.
(2)
Any protest after the bid opening, including
challenges to actions of any evaluation or selection
committee as provided in subsection (a) above, shall
be submitted in writing to the City Manager, or his or
her designee. The City will allow such bid protest to
be submitted anytime until two (2) business days
following the release of the City Manager's written
recommendation to the City Commission, as same is
set forth and released in the City Commission agenda
packet, for award of the bid in question. Such protest
shall state the particular grounds on which it is based
and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it
complies with the requirements of this section. All
Ordinance No. 2002-__
Page 3
actual bidders shall be notified in writing (which may
be transmitted by electronic communication, such as
facsimile transmission and/or e-mail), following the
release of the City Manager's written recommendation
to the City Commission
(3)
Any bidder who is aggrieved in connection with the
solicitation or proposed award of a purchase order
based on an oral or written quotation may protest to
the City Manager or his or her designee anytime
during the procurement process, up to the time of the
award of the purchase order, but not after such time.
Such protest shall be made in writing and state the
particular grounds on which it is based and shall
include all pertinent documents and evidence. No bid
protest shall be accepted unless it complies with the
requirements of this section.
(4)
The City may require reasonable reimbursement for
expenses incurred in processing any protest
hereunder, which expenses shall include, but not be
limited to, staff time, legal fees and expenses
(including expert witness fees), reproduction of
documents and other out-of-pocket expenses.
(b) Authority to Resolve Protests. The City Manager or his or her
designee shall have the authority to settle and resolve a protest
concerning the solicitation or award of a bid.
(c) Responsiveness. Prior to any decision being rendered under this
Ordinance with respect to a bid protest, the City Manager and the City
Attorney, or their respective designees, shall certify whether the
submission of the bidder to the bid in question is responsive. The parties
to the protest shall be bound by the determination of the City Manager and
the City Attorney with regard to the issue of responsiveness. Further, the
determination of the City Manager and the City Attorney with regard to all
procedural and technical matters shall be final.
(d) Decision and Appeal Procedures. If the bid protest is net resolved
by mutual agreement, the City Manager and the City Attorney, or their
respective designees, shall promptly issue a decision in writing. The
decision shall specifically state the reasons for the action taken and inform
the protestor of his or her right to challenge the decision. Any person
aggrieved by any action or decision of the City Manager, the City Attorney,
or their respective designees, with regard to any decision rendered under
this section may seek judicial review of said decision by filing an original
Ordinance No. 2002-__
Page 4
action against City in the Circuit Court of the Eleventh Judicial Circuit in
and for Miami-Dade County, Florida, within thirty (30) days of the decision
in accordance with the applicable court rules. Any action not brought in
good faith shall be subject to sanctions including damages suffered by the
City and attorney's fees incurred by the City in defense of such wrongful
action. This paragraph shall not waive standing requirements which are
otherwise provided by law.
(e) Distribution. A copy of each decision by the City Manager and the
City Attorney shall be mailed or otherwise furnished promptly to the
protestor.
(f)
Stay of Procurements During Protests. In the event of a timely
protest under paragraph (a) of this section, the City shall not
proceed further with the solicitation or with the award pursuant to
such bid until a decision is issued under paragraph ( ) above,
unless a written determination is made by the City Manager, that
the award pursuant to such bid must be made without delay in
order to protect a substantial interest of the City.
(g)
Remedy. The institution and filing of a protest under this Code is
an administrative remedy that shall be employed prior to the
institution and filing of any civil action against the City concerning
the subject matter of the protest.
(h)
Protests Barred. Protests not timely made under this section shall
be barred. Any basis or ground for a protest not set forth in the
letter of protest required under this section shall be deemed
waived.
(i)
Report. At the time the City Manager's written recommendation for
award of a bid is presented at a meeting of the Mayor and City
Commission, the City Attorney, or his or her designee, shall
present a report to inform the Mayor and City Commission of any
legal issues relative to any bid protest filed in connection with the
bid in question.
Finality. The determination of the City Manager and the City
Attorney with regard to all procedural and technical matters shall be
final.
(k) No waiver. Nothing in this section shall waive City's sovereign
immunity pursuant to section 768.28, F.S.
Ordinance No. 2002-__
Page 5
Section 2. Severability. The provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall
for any reason be held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining sections, sentences, clauses, and phrases of this
Ordinance but they shall remain in effect, it being the legislative intent that this
Ordinance shall stand notwithstanding the invalidity of any part.
Section 3. Inclueion 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 renumbered or relettered to accomplish such
intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 4. Effective Date. This ordinance shall take effect immediately
upon adoption on second reading.
The foregoing
motion was seconded by Commissioner
to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Ordinance was offered by Commissioner
, who moved its adoption on first reading. The
, and, upon being put
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 Arthur Berger
Commissioner Jay R. Beskin
Ordinance No. 2002-__
Page 6
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED on first reading this 5th day of March, 2002.
PASSED AND ADOPTED on second reading this 2"d day of April, 2002.
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-rORNEY
Billboard Proposal
1. Remove billboard #2
2. Remove billboard #6
3. Increase height of billboard #1
COON
MAULE
,~ CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
#1
#1 US HWY 1 EL 40F NE 203 St.
CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
#2
# 2 NE 203 St SL IOOF W/O US HWY 1
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
?.~ CLEARCHANNEL
OUTDOOR
#6
# 6 Biscayne BD WL 25F S/O NW 192 St.
~ CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Cour[, Miami, Florida 33166
Telephone: (308) 714-3542 Fax: (305) 714-3480
Aventura Flyover North South Face
~ CLEARCHANNEL
OUTDOOR
Clear Channel Outdoor
South Florida Division
5800 NW 77th Court, Miami, Florida 33166
Telephone: (305) 714-3542 Fax: (305) 714-3480
Aventura Flyover North Face