06-04-1996 CC Commission/Workshop Meeting
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay Beskin
Ken Cohen
Harry Holzberg
Jeffrey Perlow
COUNCIL WORKSHOP MEETING
JUNE 4, 1996 - 5 P.M.
AGENDA
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL OF MEMBERS
PRESENTATION AND DISCUSSION ON COMPREHENSIVE PLANNING
AND ZONING - CITY ATTORNEY
A. COMPREHENSIVE PLANNING
B. IMPLEMENTATION OF COMPREHENSIVE PLANNING
THROUGH LAND DEVELOPMENT REGULATIONS
(ZONING)
C. ZONING CODE AND ZONING MAPS
D. ZONING HEARINGS
· QUASI-JUDICIAL NATURE OF HEARINGS
· REZONINGS
· SPECIAL EXCEPTIONS AND OTHER REQUESTS
E. DISCUSSION
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay Beskin
Ken Cohen
Harry Holzberg
Jeffrey Perlow
COUNCIL MEETING
JUNE 4, 1996 ~ 7 P.M.
AGENDA
1. CALL TO ORDER/ROLL CALL OF MEMBERS
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES: MAY 21, 1996
TAB1
AGENDA: APPROVAL/DEFERRALS/ADDITIONS/DELETIONS
SUBSTITUTIONS/WITHDRAWALS
5. SPECIAL PRESENTATIONS: NONE
6. CONSENT AGENDA
7. ORDINANCES: FIRST READING
TAB2
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING THE OPERATING
DEPARTMENTS OF THE CITY; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING GENERAL PURCHASING
REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF PROVISIONS OF
METROPOLITAN DADE COUNTY CODE SECTION 2-8.1,
ET SEQ., PURSUANT TO CITY CHARTER SECTION 8.03;
AND PROVIDING FOR AN EFFECTIVE DATE;
JUNE 4, 1996
ORDINANCES: SECOND READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA PROVIDING FOR ADOPTION OF THE FIRST
FISCAL YEAR BUDGET OF THE CITY OF AVENTURA
PURSUANT TO SECTION 8.05 OF THE CITY CHARTER;
PROVIDING BUDGET FOR FISCAL YEAR COMMENCING
ON NOVEMBER 7, 1995 AND ENDING ON SEPTEMBER 30,
1996; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR ENCUMBRANCES; PROVIDING FOR ISSUANCE OF
CHECKS; PROVIDING FOR POST AUDIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
[PUBLIC HEARING FOR FINAL ADOPTION OF 1995-1996
FISCAL YEAR BUDGET]
RESOLUTIONS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR APPROVAL
OF SECOND INTERLOCAL AGREEMENT BETWEEN
METROPOLITAN DADE COUNTY AND THE CITY OF
AVENTURA PROVIDING FOR AN ADVANCE OF
ADDITIONAL FUNDS TO THE CITY FOR INITIATION
AND START-UP OF MUNICIPAL GOVERNMENT AND
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED STATEWIDE MUTUAL AID AGREEMENT
FOR CATASTROPHIC DISASTER RESPONSE AND
RECOVERY AND MODIFICATION #1 TO STATEWIDE
MUTUAL AID AGREEMENT; AUTHORIZING THE CITY
MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE AGREEMENT AND THIS
RESOLUTION; PROVIDING FOR EFFECTIVE DATE.
TAB 3
TAB 4
10.
REPORTS AND RECOMMENDATIONS
A. MAYOR AND COUNCIL
MAYOR SNYDER
VICE MAYOR ROGERS-LIBERT
COUNCILMEMBER BERGER
COUNCILMEMBER BESKIN
COUNCILMEMBER COHEN
COUNCILMEMBER HOLZBERG
COUNCILMEMBER PERLOW
B. CITY MANAGER
C. CITY ATTORNEY
WORK IN PROGRESS:
i) ORDINANCE REGARDING
TEMPORARY SIGNS
ii) ORDINANCE PROVIDING
OCCUPATIONAL LICENSE TAX
iii) ORDINANCE PROVIDING FOR
SOLID WASTE COLLECTION
FRANCHISES
iv) UTILITY TAX COLLECTIONS
v) MASTER TRANSITION AGREEMENT
vi) FPL FRANCHISE ORDINANCE
RESEARCH
JUNE 4, 1996
TAB 5
11. COMMUNICATIONS TAB 6
12.
13.
14.
15.
PUBLIC COMMENTS
GENERAL DISCUSSION~OTHER BUSINESS
SCHEDULE OF FUTURE MEETINGS/EVENTS
TUESDAY, JUNE 18, 1996
ZONING HEARING 6 P.M.
REGULAR MEETING 7 P.M.
TUESDAY, JULY 2, 1996 7 P.M.
TUESDAY, JULY 16, 1996 7 P.M.
ADJOURNMENT
JUNE 4, 1996
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 Teresa Smith, Weiss Scrota &
Helfman, 854-0800, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council 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 may be viewed at the Aventura branch of the Dade County Public Library, 2930 Aventura Boulevard,
Aventura, Florida and at the offices of City Hall at 2750 NE 187th Street, Aventura, Florida 33180. Anyone wishing
to obtain a copy of any agenda item should contact Teresa M. Smith, Weiss Scrota & Helfman at 854-0800.
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, MAY 21, 1996 - 7 P.M.
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder
at 7:00 p.m. Present were Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry
Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert and Mayor Arthur Snyder. Also
present were City Attorney Richard Jay Weiss and Acting City Clerk Teresa M. Smith. As a
quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Sokolov led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion was made by Vice Mayor Rogers-Libert and
seconded by Councilmember Cohen that the minutes of the workshop meeting of May 7, 1996
be approved, as submitted and that the minutes of the May 7, 1996 regular Council meeting be
approved, with the following amendments: correction of Lionel Sokolov's first name and the
second paragraph of item 15 to provide the unanimous passage of the motion regarding the Jiffy
Lube zoning hearing request. The motion passed unanimously by voice vote.
4. AGENDA: There were no changes to the agenda.
5. SPECIAL PRESENTATIONS: None
6. CONSENT AGENDA: None
7. PUBLIC HEARINGS: None
8. ORDINANCES: Emergency: Deferred to the scheduled time of 8 p.m.
9. ORDINANCES: FIRST READING: Deferred to the scheduled time of 8 p.m.
10. ORDINANCES: SECOND READING: None
11. RESOLUTIONS:
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO PREPARE AND SUBMIT TO THE STATE
OF FLORIDA DEPARTMENT OF REVENUE THE CITY OF
AVENTURA'S APPLICATION FOR REVENUE-SHARING
PURSUANT TO CHAPTER 218, PART II, FLORIDA
STATUTES; PROVIDING FOR EFFECTIVE DATE.
A motion to adopt the resolution was offered by Vice Mayor Rogers-Libert and seconded
by Councilmember Perlow. The motion passed unanimously and Resolution No. 96-15 was
adopted.
12.
MOTION TO AUTHORIZE NEGOTIATIONS AND POSSIBLE
EXECUTION OF LEASE AGREEMENT FOR OFFICE SPACE FOR CITY
HALL FACILITIES
Council was provided with a proposed lease agreement for offices to be utilized as City
Hall at the Concorde Centre II, 2999 NE 191st Street. After discussion, Vice Mayor Rogers-
Libert offered a motion to approve the lease in substantially the form as submitted, subject to
review by the City Attorney as to legal form and sufficiency, and subject to Council input. The
motion was seconded by Councilmember Holzberg and unanimously passed.
13. REPORTS AND RECOMMENDATIONS:
A. MAYOR AND COUNCIL
Mayor Snyder advised Council of the addition of Marian Nesbitt to the to-be-formed
Planning and Zoning Board. A motion to approve the appointment was offered by
Councilmember Cohen and seconded by Vice Mayor Rogers-Libert. The motion passed
unanimously.
Mayor Snyder advised Council of the opportunity to apply for grant funds in the amount
of $7,500 for additional police protection, with the City's contribution of $2,500. A motion
approving the grant application was offered by Vice Mayor Rogers-Libert, seconded by
Councilmember Holzberg and unanimously passed.
Vice Mayor Rogers-Libert advised Council of her discussions with the newly-elected
officials of the City of Pinecrest.
2
Councilmember Berger reported on the recent training session at FIU and a proposal from
City Attorney Stephen Helfman to conduct a zoning workshop for Council. A motion to accept
Mr. Helfman's proposal was offered by Councilmember Berger, seconded by Councilmember
Holzberg and unanimously passed. A motion to schedule the zoning workshop for June 4, 1996
at 5 p.m. was offered by Councilmember Cohen and seconded by Vice Mayor Rogers-Libert.
The motion passed tmanimously.
Councilmember Cohen's report included discussion as to traffic on West Dixie Highway
and the committee on transportation.
Councilmember Holzberg updated Council as to public safety and hurricane preparedness.
Councilmember Perlow provided to Council an update as to the findings of the Conunittee
researching the dedication of Williams Island Boulevard and lengthy discussion ensued. Mayor
Snyder directed the Committee to continue the research of this matter.
B. CITY ATTORNEY
Mr. Weiss provided Council with information relative to financial disclosure requirements.
At this time, items 8 and 9 were heard by Council.
8. ORDINANCES: EMERGENCY:
Mr. Weiss read the following emergency ordinance, by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING TRANSITIONAL ORDINANCE
PURSUANT TO SECTION 8.06 OF THE CITY CHARTER;
PROVIDING FOR ADOPTION OF THE FIRST FISCAL
YEAR BUDGET OF THE CITY OF AVENTURA PURSUANT
TO SECTION 8.05 OF THE CITY CHARTER; PROVIDING
BUDGET FOR FISCAL YEAR COMMENCING ON
NOVEMBER 7, 1995 AND ENDING ON SEPTEMBER 30,
1996; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR ENCUMBRANCES; PROVIDING FOR ISSUANCE OF
CHECKS; PROVIDING FOR POST AUDIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE AND DURATION; DECLARING AN EMERGENCY.
After discussion of the budget document, a motion to approve the ordinance was offered
by Councilmember Beskin and seconded by Councilmember Cohen. The motion passed
unanimously by roll call vote and Ordinance No. 96-04 was enacted.
9. ORDINANCES: FIRST READING:
Mr. Weiss read the following ordinance, by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA PROVIDING FOR ADOPTION OF THE FIRST
FISCAL YEAR BUDGET OF THE CITY OF AVENTURA
PURSUANT TO SECTION 8.05 OF THE CITY CHARTER;
PROVIDING BUDGET FOR FISCAL YEAR COMMENCING
ON NOVEMBER 7, 1995 AND ENDING ON SEPTEMBER 30,
1996; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING
FOR ENCUMBRANCES; PROVIDING FOR ISSUANCE OF
CHECKS; PROVIDING FOR POST AUDIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
A motion to approve the ordinance on first reading was made by Vice Mayor Rogers-
Libert and seconded by Councilmember Cohen. The motion passed unanimously and Mayor
Snyder announced that the ordinance would be scheduled for second reading at a public hearing
on June 4, 1996.
Mr. Weiss provided his report relative to protection of the city name and lengthy
discussion ensued. At the end of discussion, Mayor Snyder appointed Cotmcilmember Cohen to
serve on a Committee with the Mayor and Vice Mayor to express Council's concerns to
Commissioner Gwen Margolis relative to Sunny Isle's use of the name of Aventura Beach in
their incorporation process.
15. PUBLIC COMMENTS:
The following individuals addressed Council: Harry Crook, Commodore Plaza; Lionel
Sokolov, 3530 Mystic Point Drive; George Berlin, 1940 NE 194th Drive, North Miami Beach;
and Samantha Yakutiel, 3530 Mystic Point Drive.
16. GENERAL DISCUSSION~OTHER BUSINESS: None
4
17. SCHEDULE OF FUTURE MEETINGS: Mayor Snyder announced the date of the next
meeting as June 4, 1996.
18. ADJOURNMENT: There being no further business to come before Council, after motion
made, seconded and unanimously passed, the meeting adjourned.
Approved by Council on the
4th day of June, 1996
Respectfully submitted:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC
Acting City Clerk
Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a
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.
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
City Council ~
Eric M. Soroka, Cit
June 3, 1996
SUBJECT: Ordinance Establishing Operating Departments
1st ReadinR June 4, 1996 City Council Meetin.q A.qenda Item
2nd Readinq June 18, 1996 City Council Meetin.q A.qenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which
establishes the operating departments of the City government of Aventura.
Back.qround
The attached Ordinance establishes the operating departments for the City of
Aventura. The department listings reflect what was proposed in the Budget and
the Table of Organization Chart previously distributed to the City Council.
If you have any questions please feel free to contact me.
EMS/
CC0001-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING THE OPERATING
DEPARTMENTS OF THE CITY; PROVIDING FOR
SEVERABILITY AND AN EFFECTIVE DATE;
WHEREAS, the City Manager has recommended that departments of
City government be created as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. City Departments Created. For the purpose of
systematically and efficiently administering the operations of the
City of Aventura, the following departments of government within
the City are hereby established:
1 Office of the City Manager;
2 Finance and Support Services;
3 Legal;
4 City Clerk's Office;
5 Public Safety;
6 Community Development;
7 Community Services.
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. Effective Date. This ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember ,
who moved its adoption on first reading. The motion was seconded
by Councilmember , and upon being put to a vote, the
vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. The motion was seconded
by Councilmember , and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of June,
1996.
PASSED AND ADOPTED
1996.
ATTEST:
ACTING CITY CLERK
APPROVED AS TO FORM AND
CITY ATTORNEY
on second reading this __ day of June,
ARTHUR I. SNYDER, MAYOR
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council i~
Eric M. Soroka, C er
June 3, 1996
Ordinance Establishing General Purchasing Procedures
14 Re=_dinq June 4, 1996 City Council Meetin= A(;enda Item_
2"4 ReadinR June 18, 1996 City Council Meefin¢l A~lenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which
establishes the City's general purchasing procedures and bid requirements. The
Ordinance provides for professional guidelines and policies to oversee the
purchasing activities of the City.
The attached Ordinance establishes the general purchasing procedures for the
City government. The major points of the Ordinance are as follows:
1. Purchasinq Guidelines
· ~urchases less than $2,500 do not require competitive bidding or City
Council approval.
. Purchases more than $2,500 but less than $'15,000 require 3 quotations from
individual vendors. They do not require competitive bidding or City Council
approval.
· Purchases over $15,000 require formal competitive bidding and award by the
City Council.
2. Exemptions From Formal Competitive Biddinq
· Sole Source items
· Government Contracts
· Professional Services
· Emergencies
· Impracticability
3. Sealed Bid
· Requires all formal competitive bids must be delivered to ~he City sealed and
then opened in public.
4_ Preference to businesses With Druq-Free Workplace Program
· 'A~dopts Florida Statute regarding bidding preferences for businesses with
drug-free workplace programs.
We are currently working on a provision to provide bid preference to businesses
located in Aventura. This section will be available prior to second reading of the
Ordinance.
Overall, the Ordinance provides the guidelines and tools to insure an efficient
and practicable purchasing system to procure goods on behalf of fl~e City_ I am
also in the process of preparing a Purchasing Manual that will establish
administrative guidelines for all' departments to follow.
If you have any questions please feel free to contact me.
EMS/
CC0003:96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING GENERAL PURCHASING
REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF PROVISIONS OF
METROPOLITAN DADE COUNTY CODE SECTION 2-8.1,
ET SEQ., PURSUANT TO CITY CHARTER SECTION
8.03; AND PROVIDING FOR AN EFFECTIVE DATE;
BE IT ORDAINED BY THE
FLORIDA, AS FOLLOWS:
Section 1. Pursuant
CITY COUNCIL OF THE CITY OF AVENTURA,
to City Charter Section 3.10, the
following General Purchasing Regulations are hereby established for
the City of Aventura:
A. Authority of City Manaqer; approval of contracts. The
City Manager shall supervise and have full authority to approve or
disapprove purchases by all departments. The City Manager may
issue rules governing purchasing procedures as he deems necessary
from time to time. The City Manager shall approve all contracts
relating to purchases of the City subject to the provisions of this
Ordinance. All expenditures pursuant to this Ordinance shall
conform to City Charter Section 3.09.
B. Guidelines for procedures.
(i) Purchases not greater than $2,500. Purchases of or
contracts for materials, supplies, equipment, improvements or
services where the total amount expended is not greater than $2,500
may be made or entered into by the City Manager without competitive
bidding and without City Council approval.
(ii) Purchases of more than $2,500 but less than
$15,000. Purchases of or contracts for materials, supplies,
equipment, improvements or services where the total amount expended
is in excess of $2,500, but which is less than $15,000, may be made
or entered into by the City Manager without City Council approval,
provided that three (3) quotations are obtained from individual
vendors.
(iii) Purchases of $15,000 or more. Except as exempted
by paragraph (C) below, purchases of or contracts for materials,
supplies, equipment, improvements or services where the total
amount expended is $15,000 or more shall
Council after formal
C. Exemptions
following exemptions
established:
(i) Sole
competitive bidding.
from competitive
be awarded by the City
formal biddinq. The
from competitive formal bidding are hereby
Source. Supplies, equipment or services
available from a sole source only may be exempted from the bidding
requirements of this Ordinance by the City Manager upon the filing
of a written request by a department head to the City Manager
outlining the conditions and circumstances involved.
(ii) Government Contracts. Purchases made under state
purchasing contracts (a) pursuant to Fla. Stat. § 287.042; or (b)
pursuant to state General Service Administration Contracts,
federal, county or other governmental contracts; or (c) purchases
made pursuant to cooperative bids with other governmental agencies
shall be exempt from the competitive bid requirements of this
Ordinance.
(iii)
professional
stenographers,
Professional Services. Contracts for the
services of attorneys, physicians, court
real estate brokers and other professions licensed
and regulated by the state, and professional services governed by
the Fla. Stat. ~ 287.055, the Consultants Competitive Negotiating
Act, may be entered into without competitive bidding under this
Ordinance, unless required by law.
(iv) Minimum Amount. Purchases of less than $15,000;
(v) Emerqencies. Purchases arising out of or because of
emergencies. Emergencies constitute a situation, occurrence or
matter necessitating immediate or quick action and not permitting
adequate time to utilize competitive bidding.
(vi) Impracticability. Under circumstances where
competitive bidding is impracticable, including, but not limited
to, situations where time constraints do not permit the preparation
of clearly drawn specifications or situations where, after
competitive bidding, no bids meeting bid requirements are received,
all compliant bids received are too high, or all bids are rejected
for failure to meet bid requirements (i.e. bids are noncompliant).
D, Sealed bid. All competitive formal bids must be sealed,
and shall be opened in public in the presence of City Manager-
designated employees of the City. All bids will be received at the
City Manager's office on or before the date and time set forth in
the notice of proposal.
E. Preference to businesses with druq-free workplace
Drograms. The City hereby adopts by reference § 287.087, Fla. Stat.
(1990), as amended, regarding bidding preferences for businesses
with drug-free workplace programs. Whenever two or more bids which
are equal with respect to price, quality and service are received
by the City for the procurement of commodities or contractual
services, a bid received from a business that certifies that it has
implemented a drug-free workplace program shall be given a
preference, provided that the drug-free workplace program complies
with § 287.087, Fla. Stat., and any other applicable state law. An
announcement of this preference may be included in the bid
documents.
Section 2. Replacement of County Code Provisions. Section 2-
8.1, et seq. of the Code of Metropolitan Dade County is hereby
replaced by this Ordinance pursuant to City Charter Section 8.03.
Section 3. Severabilit¥. 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 shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember __,
who moved its adoption on first reading. The motion was seconded
by Councilmember , and upon being put to a vote, the
vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. The motion was seconded
by Councilmember
· and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
1996.
1996.
PASSED AND ADOPTED on first
PASSED AND ADOPTED on second
reading this day of June,
reading this __ day of June,
ARTHUR I. SNYDER, MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIEh[CY:
CITY ATTORNEY
5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING FOR ADOPTION OF THE FIRST FISCAL
YEAR BUDGET OF THE CITY OF AVENTURA PURSUANT
TO SECTION 8.05 OF THE CITY CHARTER; PROVIDING
BUDGET FOR FISCAL YEAR COMMENCING ON NOVEMBER
7, 1995 AND ENDING ON SEPTEMBER 30, 1996;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED
BY THE BUDGET; PROVIDING FOR BUDGETARY
CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR ISSUANCE OF
CHECKS; PROVIDING FOR POST AUDIT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. Budget Approved and Adopted. The budget of the
City for the fiscal year beginning on November 7, 1995 and ending
September 30, 1996 (the "Budget") was considered at public hearing
and is hereby approved and adopted. A copy of the Budget of the
City is attached hereto and incorporated herein by reference.
Section 2. Expenditure of Funds Appropriated in the Budqet
Authorized. Funds appropriated in the Budget may be expended by
and with the approval of the City Manager in accordance with the
provisions of the City Charter and applicable law. Funds of the
City shall be expended in accordance with the appropriations
provided in the Budget adopted by this Ordinance and shall
constitute an appropriation of the amounts specified therein.
Supplemental appropriations or the reduction of appropriations, if
any, shall be made in accordance with Section 4.07 of the City
Charter.
Section 3. Budqetar¥ Control. The 1995/1996 Operating and
Capital Outlay Budget establishes a limitation on expenditures by
department total. Said limitation requires that the total sum
allocated to each department for operating and capital expenses may
not be increased or decreased without specific authorization by a
duly-enacted Resolution affecting such amendment or transfer.
Section 4. Personnel Authorization. The "Personnel
Allocation Summary" included within each department budget
enumerates all authorized budgeted positions for appointment by the
City Manager.
Section 5. Grants and Gifts. When the City of Aventura
receives monies from any source, be it private or governmental, by
Grant, Gift, or otherwise, to which there is attached as a
condition of acceptance any limitation regarding the use or
expenditures of the monies received, the funds so received need not
be shown in the Operating Budget nor shall said budget be subject
to amendment of expenditures as a result of the receipt of said
monies, but said monies shall only be disbursed and applied toward
the purposes for which the said funds were received. To ensure the
integrity of the Operating Budget, and the integrity of the monies
received by the City under Grants or Gifts, all monies received as
contemplated above must, upon receipt, be segregated and accounted
for based upon generally accepted accounting principles and where
appropriate, placed into separate and individual trust and/or
escrow accounts from which any money drawn may only be disbursed
and applied within the limitations placed upon the Gift or Grant as
aforesaid.
Section 6. Amendments. Upon the passage and adoption of the
1995/1996 fiscal year Budget for the City of Aventura, if the City
Manager determines that an Operating Department Total or a Capital
Outlay Line Item will exceed its original appropriation, the City
Manager is hereby authorized and directed to prepare such
Resolutions as may be necessary and proper to modify any line item
from the Budget hereby.
Section 7. Encumbrances. All outstanding encumbrances at
September 30, 1996 shall lapse at that time; and all lapsed capital
outlay encumbrances shall be reappropriated in the 1996/1997 fiscal
year.
Section 8. Checks Issued. Checks issued from or withdrawals
made from accounts maintained by the City in public depositories
shall be signed by the City Manager and Director of Finance Support
that in the event the Director of Finance
not available, the City Clerk may sign in
Services, provided
Support Services is
his/her place.
Section 9.
Post Audit Provided.
the City Charter and Section 218.23(1)(b), F.S.,
hereby provides for annual post audits of the
accounts. The City Manager is authorized to
necessary to cause such post audit to be made by a certified public
Pursuant to Section 4'.11 of
the City Council
City's financial
take all steps
accountant or firm of such accountants in accordance with law.
Section 10. Severabilit¥. 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 11. Effective Date. This Ordinance shall be
effective immediately upon adoption on second reading and shall
serve to
96-04.
The foregoing Ordinance was
Libert, who moved its adoption on
seconded by Councilmember Cohen,
vote was as follows:
renew and continue the Budget adopted by Ordinance No.
offered by Vice Mayor Rogers-
first reading. The motion was
and upon being put to a vote, the
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Councilmember
· who moved its adoption on second reading. The
motion was seconded by Councilmember , and upon being put
to a vote, the vote was as follows:
Requested by Administration
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on
1996.
PASSED AND ADOPTED on
1996.
first reading this 21st day of May,
second reading this __ day of June,
ATTEST:
ARTHUR I. SNYDER, MAYOR
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR APPROVAL OF
SECOND INTERLOCAL AGREEMENT BETWEEN
METROPOLITAN DADE COUNTY AND THE CITY OF
AVENTURA PROVIDING FOR AN ADVANCE OF
ADDITIONAL FUNDS TO THE CITY FOR INITIATION
AND START-UP OF MUNICIPAL GOVERNMENT AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the attached Second Interlocal Agreement provides for
an advance of additional funds from Metropolitan Dade County to be
utilized by the City of Aventura for the initiation and start-up of
municipal government and the performance of initial municipal
services; and
WHEREAS, the City Council finds that approval of said
Agreement is in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF
THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the attached Second Interlocal Agreement
between Metropolitan Dade County and the City of Aventura is hereby
approved and the City Manager is authorized to execute said Second
Interlocal Agreement on behalf of the City of Aventura.
Section 2. That this Resolution shall become effective
immediately upon its adoption.
The foregoing Resolution was offered by Councilmember ,
who moved its adoption. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4th day of June, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
- 2 -
SECOND INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is entered into between Metropolitan Dade County,
a political subdivision of the State of Florida (the "County") and the City of Aventura, a municipal
corporation of the State of Florida (the "City") entered into this __ day of ,1996.
WHEREAS, on the 7the day of November, 1995, a Charter for the City of Aventura was
approved by the citizens of Aventura and the City Council was sworn into office on the 28the day
of March, 1996; and
WHEREAS, the City Council has requested assistance from the County for additional
funds to be utilized by City for the initiation and start-up of municipal government and the
performance of initial municipal services; and
WHEREAS, County will be collecting certain revenues on behalf of the City and desires
to provide the assistance requested.
NOW, THEREFORE, the parties hereto do covenant and agree as follows:
Section 1. ~ssistance. Within seven days after the date of execution of this
Agreement, County shall provide to City an advance of funds in the amount of Six Hundred
Thousand ($600,000) Dollars to be utilized by City for the purposes set forth in Section 2 of this
Agreement. Any repayment of the funds advanced pursuant to this second agreemem shall be
subject to determination by the County, following negotiation as set forth in Section 3 of this
Agreement.
Section 2. Use of Advanced Funds. City agrees that the funds advanced to City
hereunder shall be used by City for the initiation and start-up of municipal govemmem and the
performance of initial municipal services.
Section 3. Transition. County and City shall continue to meet, by and through their
authorized representatives, to negotiate revenues which are to be allocated to the City by the
County, associated costs to be recovered £or municipal services rendered by the County to the
City and the terms, conditions and provisions which will govern the transition of government
services and functions from the County government to the City government.
Section 4. Records. City shall produce and maintain records, such as vouchers, bills,
invoices and receipts sufficient to reflect properly all receipts and expenditures offiands provided
under this Agreement.
Section 5. Indemnification. City shall indemnify and save harmless County fi.om any and
all claims, liability, losses and causes of action, arising out of this Agreement, to the extent of the
monetary limitations included within Florida Statues, Section 768.28. However, nothing herein
shall be deemed to require City to indemnify County for any liability or claims arising out of the
sole negligence of County.
Section 6. Effective Date. This Agreement shall be effective immediately upon execution
by both parties hereto:
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
their behalf as of the date first above written.
CITY OF AVENTURA
a municipal corporation
By.
City Manager
APPROVED AS TO FORM AND
LEGAL~.~IENC.Y: /-
City Attorney
Commissioners
METROPOLITAN DADE COUNTY
a political subdivision of the State of
Flofi~
By its Board of County
By
County Manager
ATTEST:
HARVEY RUVIN, CLERK
By.
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By
County Attorney
Agreement/1096.~m
Item 5B
Agenda Item No.
RESOLUTION NO.
RESOLUTION APPROVING SECOND INTERLOCAL
AGREEMENT WITH THE CITY OF AVENTURA;
PROVIDING FOR THE PROVISION OF ADDITIONAL
FUNDING ASSISTANCE TO THE CITY BY THE COUNTY
WHEREAS, the City of Aventura has requested additional funding assistance
from the County; and
WHEREAS, the County is desirous of providing this funding assistance; and,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board approves the
second interlocal Agreement between the City of Aventura and the County in
substantially the form attached hereto.
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:
James Burke
Betty T. Ferguson
Bruce Kaplan
Natacha S. Millan
Alexander Penelas
Miguel Diaz de la Portilla
Maurice A. Ferre
Gwen Margolis
Dennis C. Moss
Pedro Reboredo
Katy Sorenson Javier D. Souto
Arthur E. Teele, Jr.
this
Agenda Item No.
Page 2
The Chairperson thereupon declared the resolution duly passed and adopted
day of ,1996.
DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
Approved by County Attorney as By:
to form and legal sufficiency. Deputy Clerk
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council it~~r
Eric M. Soroka, C
June 3, 1996
Statewide Mutual Aid Agreement for Catastrophic Disaster Response
and Recovery
June 4, 1996 Cit7 Council Meetin(~ A~enda Item
Recommendation
It is recommended that the City Council authorize the execution of the attached
Statewide Mutual Aid Agreement for Catastrophic Disaster Response and
Recovery.
Background
The State of Florida requires that the attached agreement and addendum must
be entered into by the City of Aventura if we wish to receive reimbursement from
the State for expenses incurred during a catastrophic disaster. By executing the
agreement addendum, the city will also be eligible to apply for emergency
preparedness grants.
If you have any questions please feel free to contac~ me.
EMS/
CC0002-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED
STATEWIDE MUTUAL AID AGREEMENT FOR
CATASTROPHIC DISASTER RESPONSE AND RECOVERY
AND MODIFICATION #1 TO STATEWIDE MUTUAL AID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
TAKE ALL ACTION NECESSARY TO IMPLEMENT THE
AGREEMENT AND THIS RESOLUTION; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Council finds that approval of the Statewide
Mutual Aid Agreement for Catastrophic Disaster Response and
Recovery and Modification #1 to such Statewide Mutual Aid Agreement
(collectively· the "Agreement") is in the best interests of the
City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS OF
THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA· AS FOLLOWS:
Section 1. That the attached Agreement is hereby approved,
and the City Manager is authorized to
behalf of the City of Aventura.
Section 2. That the City Manager
execute such Agreement on
is authorized to take all
action necessary to implement the Agreement and
Section 3. That this Resolution shall
immediately upon its adoption.
The foregoing Resolution was offered
· who moved
Councilmember
this Resolution.
become effective
by Councilmember
its adoption. The motion was seconded by
, and upon being put to a vote· the vote was
as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 4th day of June, 1996.
ARTHUR I. SNYDER, MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIR'S
L*WrON C,Zt~S USD^ rOOM,S shiner
Governor September 9, 1994 s~t~rr
MEMORANDUM
TO:
FROM:
SUBJECT:
All County Emergency M~nngement Directors
Joseph F. Myers, Direeto~
D. ivision of Emergency M~ag~ent
Execution of the Statewide Mutual Aid Agreement
In order to obtain execution of the Mutual Aid Agreement, the submission of your signed
agreement must include the following:
A separate completed copy of Appendix A (Authorized' Representative Contact)
for the county and all municipalities;
A Certificate of Insurance or other explanation regarding insurance coverage for
each county and municipality; mad
A Resolution or a copy of meeting minutes from each governing board showing
governing board approval.
Several counties and murdcipalities have recently raised an issue regarding
reimbursement of Workers' Compensatio.n claims by the requesting ptmy. Section 3.A. of the
Mutual Aid Agreement (MAA), which is adapted from the Public Works Mutual Aid Agreement,
currently provides that the Requesting Party will reim.bm-se the Assisting Party for any mounts
paid or due to employees of the Assisting Party under the Florida Workers' Compensation Act.
These counties and municipalities, and their Pdsk Management offices, have requested that the
MAA be revised to provide that each party will be responsible for payment of benefits to their
own employees for Workers' Compensation claims, i.e. - each party will handle their own claims.
2740 CENTERVIEW DRIVE TALLAHA$SEE~ FLORIDA 32399-2100
SOUTH [LORID^ RECOV[RY OFIrlC[
P.O. Box 402]
County Emergency Management Directors
September 9, 1994
Page Two
The Florida Association of Counties is currently surveying counties regarding their
position qn this issue, and has requested responses by September 16, 1994. An informal survey
has, so far, indicated that everyone agrees with this change.
Please touch base with your m,micipalities, and your County Risk Management Officials,
and let Robert C. Byerts, Assistant General Counsel [ (904) 488-0410 ] know if this change is
not acceptable. Absent serious disagreement with this change, the Deparlrneut anticipates
sending an addendum to the MAA by September 21, 1994, that will make this change and make
some other minor corrections in terminology.
The Addendum will be distributed to all County Emergency Management Directors, and
all those from whom we have received an executed MAA as of September 16, 1994. The
Department will do its best to insure that each county and each interested municipality receive an
addendum. Please help us ensure that all who have received a MAA have received an
addendum.
It is our intention to avoid a situation where two parties involved in providing and
receiving mutual aid have agreed to handle Workers' Compensation claims differently.
Therefore, the addendum will contain a contingency designed to control when and if it becomes
· effective. If you have any questions regarding execution of the MAA, or the addendum, please
call Robert C. Byerts.
JFM:jj
T~¥S AGRF.7~%V~ IS ~R'£'~D ~ BET~M~a{ T~t.~; STATE OF FLORIDA~
DiviSION OF E~RGENCY ~NAGE~]KNT AND A~0NG EACH ~OT,T~'~CkL
SUBDiv£SIO~ OF '~ STATE T~AT EX~UuT~S A~D AD01~2S T~.-Tr~LS ~
CONDITIONS CONTAINED M,:~EIN, BASED IIPON :~'~- FOLLOWIt{G FACTS:
W~.:~AS, the State ~_rgency _F~anagement Act, .Chapter 252;
Florida Statutes, authorizes the stat'~ a~d i~s political
subdivisions to develop and enter into:mutual aid agreements for
reciprocal emergency aid and assistance in case of energenci.es
' tOO extensive to be'dealt with unassisted; and
W~.:~AS, Chapter 252~ Florida Statutes, sets forth details
concerning powers, duties, rights, privileges, and ~,mities of
political Subdivisions of the state rendering outside aid; ~nd
W~.:~EAS, Chapter 252., Florida Statutes, authorizes the State
to en.ter into a contract on behalf of the state for the' lease 09
loan to any political subdivision of the' state any real or
personal property of the state gove~l.ment or the temporary
transfer or employment of personnel of the state
government to or .by any political subdivision of the state;' and
WheREAS, Chapter-252, 'Florida S'tatutes, authorizes the
governing .body of each political subdivision of the state
to enter into such contract or lease with the state, accept any
such loan, 'or employ such pe~.sonnel, and such political
s~O~v~$±o~ ma~ e~ip~ mai~ta~ ~t±l±~e~ a~ o~erate a~ s~ch
property and employ necessary personnel therefor in accordance
with the purposes for which such contract is executed, and to
otherwise do all things and perfoz-m any and all acts which it may
deem necessary to effectuate the purpose for which such contract
was entered into; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Division of Emergency Management to make available any equipment,
services, or facilities owned or organized by the state or its
political subdivisions for use in the affected area upon request
o~ the duly constituted authority of'the area or upon the request
of any recognized and accredited relief agency through such duly
constituted authority; and
WHEREAS, Chapter 252, Florida Statutes, authorizes the
Division of Emergency Management to call to duty and otherwise
provide, within or without the state, such support from available
personnel, equipment, and other resources of state agencies and
the political subdivisions of the state as may be necessary to
reinforce emergency management agencies in areas stricken by
emergencies; and
WHEREAS, Chapter 252, Florida Statutes, requires that each
municipality must coordinate requests for state or federal
emergency response assistance with its county; and
WHEREAS, the State of Florida is geographically vulnerable
to hurricanes, tornadoes, freshwater flooding, sinkhole
formations, and other natural disasters that in the past have
caused severe disruption of essential human services and severe
property damage to public roads, utilities, buildings, parks, and
other government owned facilities; and
WHEREAS, the Parties to this Agreement recognize that
additional manpower and equipment may be needed to mitigate
further damage and restore vital services to the citizens .of the
affected community should such disasters occur; and
WHEREAS, to provide the most effective mutual aid possible,
each Participating Goverrnment, intends to foster communications
between the personnel of the other Participating Government by
visits, compilation of asset inventories, exchange of information
and development of plans and procedures to implement this
Agreement;
NOW, THEREFORE, the Parties hereto agree as follows:
SECTION 1. ~EFI~ITIONS
A. ,'AGREEMENT', - the Statewide Mutual Aid Agreement for
Emergency Response/Recovery. Political subdivisions of the State
of Florida may become a party to this Agreement by executing a
copy of this Agreement and providing a copy with original
signatures and authorizing resolution(s) ~o the State of Florida
Division of Emergency Management~ Copies of the agreement with
original signatures and copies of authorizing resolutions and
3
C. "ASSISTING
furnishing equipment,
Party.
A,~t 27, lg~9~ ~
insurance letters shall be filed and maintained at the Division
headquarters in Tallahassee, Florida.
B. "REQUESTING PARTY,, - the participating government
entity requesting aid in the event of an emergency. Each
municipality must coordinate requests for state or federal
emergency response assistance through its county.
PkRTY,, - the participating government entity
services and/or manpower to the Requesting
D. "AUTHORIZED REPRESENTATIVE,, - an employee of a
participating government authorized in writing by that government
to request, offer, or provide assistance under the terms of this
Agreement. The list of authorized representatives for the
participating government executing this Agreement shall be
attached as Appendix A to the executed copy of the Agreement
supplied to the Division, and shall be updated as needed by each
participating government.
E. ,,DIVISION,, - the State of Florida, Department of
Community Affairs, Division of Emergency ~anagemento
F. "EMERGENCY,, - any occurrence, or threat thereof,
whether natural, or caused by man, in war or in peace, which
results or may result in substantial injury or harm to the'
population or substantial damage to or loss of property.
4
G. "DISASTER" - any natural, technological,
or civil
emergency that causes damage of sufficient severity and magnitude
to result in a declaration of a state Of emergency by a county,
Governor, or the President of the United States.
~. "PARTICIPATING GOVERNMENT,, - the State of Florida and
any political subdivision of the State of Florida which executes
this mutual aid agreement and supplies a complete executed copy
to the Division.
I. "PERIOD OF ASSISTA/~CE" - the period of time beginning
with the departure of any personnel of the Assisting Party from
any point fo~ the purpose of traveling to the Requesting Party in
order to provide assistance and ending upon the return of all
personnel and equipment of the Assisting Party, after providing
the assistance requested, to their residence or regular place of
work, whichever occurs first. The period of assistance shall not
include any portion of the trip to the Requesting Party or the
return trip from the Requesting Party during which the personnel
of the Assisting Party are engaged in a course of conduct not
reasonably necessary for their safe arrival at or return from the
Requesting Party.
J. "WORK OR WORK-RELATED PERIOD" - any period of time in
which either the personnel or equipment of the Assisting Party
are being used by the Requesting Party to provide assistance and
for which the Requesting Party will reimburse the Assisting
5
Party. Specifically included within such period of time are rest
breaks when the personnel of the Assisting Party will return to
active work within a reasonable time. Specifically excluded from
such period of time are breakfast, lunch, and dinner breaks.
SECTION 2. PROCEDURES
· When a participating government either becomes affected by,
or is ~nder imminent threat of, an emergency or disaster, it may
invoke emergency related mutual aid assistance either by: (i)
declaring a state 6f local emergency and transmitting a copy of
that declaration to the Assisting Party, or to the Division, or
(~i) by orally communicating a request for mutual aid assistance
to Assisting Party or to the Division, followed as soon as
practicable by written confirmation of said request. Mutual aid
shall not be requested by Participating Governments unless
resources available within the stricken area are deemed
inadequate by the Local Emergency Management Agency. All
requests for mutual aid shall be transmitted by the Authorized
Representative or the Director of the Local Emergency Management
Agency. Requests for assistance may be conu~unicated either to
the Division or directly to an Assisting Party. Requests for
assistance under this Agreement shall be limited to catastrophic
disasters, except where the Participating Government has no other
mutual aid agreement based upon Section 252.40 or 163.01, Florida
6
Statutes, in which case a P~rticipating Ooverrument may request
assistance-pursuant to the provisions of this agreement.
A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting
Party may directly contact the authorized representative of the
Assisting Party and shall provide them with the information in
paragraph C below. All communications shall be conducted
directly between the Requesting and Assisting Party. Each party
shall be responsible for keeping the Division advised of the
status of the response activities. The Division shall not be
responsible for costs associated with such direct requests for
assistance.' However, the Division may provide, by rule, for
reimbursement of eligible expenses from the Emergency Management
Preparedness and Assistance Trust Fund created under Section
252.373,
B.
DIVISION:
Division,
Florida Statutes.
REQUESTS ROUTED T~ROUG~t OR ORIGINATING FROMt TEE
The Requesting Party may directly contact the
in which case it shall provide the Division with the
information in paragraph C below. The Division may then contact
other Participating Governments on behalf of the Requesting Party
and coordinate the provision of mutual aid.
not be responsible for costs associated with
requests for assistance, unless the Division
writing
Party.
The Division shall
such indirect
so indicates in
at the time it transmits the request to the Assisting
In no event shall the Division or the State of Florida be
7
responsible for costs associated with assistance in the absence
of appropriated funds. In all cases, the party receiving the
mutual aid shall be primarily responsible for the costs incurred
by any Assisting Party providing assistance pursuant to the
provisions of this Agreement.
C. P~EQUIRED IIFFOR/~ATIOI~: Each request for assistance
shall be accompanied by the following information, to the extent
1.
2.
A general description of the damage sustained;
Identification of the emergency service function for
which assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
engineering, building, inspection, planning and information
assSstance, mass care, resource support, health and other medical
services~ search and rescue, etc.) and the particular type of
assistance needed;
3. Identification of the public infrastructure system for
sanitary sewer, potable water,
and the type of work assistance
which assistance is needed (e.g.
streets, or storm water systems)
needed;
4. The amount and type of personnel, equipment, materials,
and supplies needed and a reasonable estimate of the length of
time they will be needed;
5. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
'centers or staging areas for incoming emergency goods and
services; and
6. A specific time and place for a representative of the
Requesting Party to meet the personnel and equipment of any
Assisting Party.
This information may be provided on the form attached as
Exhibit B, or by any other available means. The Division may
revise the format of Exhibit B subsequent to the execution of
this agreement, in which case it shall distribute coipies to all
participating governments.
D. ASSESSMENT OF AVAILABILITY OF P~ESOURCES AND ABILITY TO
RENDER ASSISTANCE: When contacted by a Requesting Party or the
Division the authorized representatives of any participating
government agree to assess their government's situation to
determine available personnel, equipment and other resources.
Ail participating governments shall render assistance to the
extent personnel, equipment and resources are available. Each
participating government agrees to render assistance in
accordance with the terms of this Agreement to the fullest extent
possible. When th~ authorized representative determines that his
Participating Government has available personnel, equipment or
other resources, they shall so notify the Requesting Party or the
9
Division, whichever communicated the request, and provide the
information below. The Division shall, upon response ~rom
sufficient participating parties to meet the needs of the
Requesting Party, notify the
Requesting Party and provide
to the extent known:
authorized representative of the'
them with the following information,
materials
2.
A complete description of the personnel, equipment, and
to be furnished to the Requesting Party;
The estimated length of time the personnel, equipment,
and materials will be available;
3. The areas of experience and abilities of the personnel°
and the capability of the equipment to be furnished;
4. The name of the person or persons to be designated as
supervisory personnel; and
5. The estimated time when the assistance provided will
arrive at the location designated by the authorized
representative of the Requesting Party.
E. SUPERVISION AND CONTROL: The personnel, equipment and
resources of any Assisting Party shall remain under operational
control of the Requesting Party for the area in which they are
serving. Dire~t supervision and control of said personnel,
equipment and resources shall remain with the designated
supervisory personnel of the Assisting Party. Representatives of
the Requesting Party shall provide work tasks to the supervisory
10
personnel
personnel
of the Assisting Party.
of the Assisting Party
The designated supervisory
shall have the responsibility
and authority.for assigning work and establishing work schedules
for the personnel of the Assisting Party, based on task or
mission assignments p~ovided by the Requesting Party and the
Division. The designated superviso~ypersonnel of the Assisting
'Party shall: maintain daily personnel time records, material
records and a log of equipment hours; be responsible for the
operation and maintenance of the equipment and other resources
furnished by the Assisting Party; and shall report work progress
to.the Requesting Party. The Assisting Party's personnel and
other resources shall remain subject to recall by the Assisting
Party at any time, subject to reasonable notice to the Requesting
Party and the Division. At least twenty-four hour advance
notification of intent to withdraw personnel or resources shall
be provided to the Requesting Party unless such notice is not
practicable, in which case such notice as is reasonable shall be
provided..
F. FOOD; HOUSING; SELF-SUFFICIENCy Unless specifically
instructed otherwise, the Requesting Party shall have the
responsibility of providing food and housing for the personnel of
the Assisting Party from the time of their arrival at the
designated location to the time of their departure. However,
Assisting Party personnel and equipment should be, to the
11
greatest
extent possible,
self-sufficient for operations in areas
stricken by emergencies or disasters.
specify
request
G.
The Requesting Party may
only self-sufficient personnel and resources in-its
for assistance.
CO~MUI~fCATIONS: Unless specifically instructed
otherwise, the Requesting Party shall have the responsibility for
coordinating communications between the personnel of the
Assisting Party and the Requesting Party. Assisting Party
personnel should be prepared to furnish communications equipment
sufficient to maintain communications among their respective
operating units.
~. RIGHTS A/~D PRIVILEGES Whenever the employees of the
Assisting Party are rendering outside aid pursuant to this
Agreement, such employees shall have the powers, duties, rights,
privileges, and immunities, and shall receive the compensation,
incidental to their employment.
I. WRITTEN ACKNOWLEDGEMENT The Requesting Party shall
complete' a written acknowledgment regarding the assistance to be
rendered, setting forth the information transmitted in the
request, and shall transmit it by the quickest practical means to
the Assisting Party or the Division, as applicable, for approval.
The form to serve as this written acknowledgement is attached as
Attachment C. The Assisting Party/Division shall respond to the
written acknowledgement by executing and returning a copy Go the
12
. /~ri! 27, 1~'~.~
Requesting Party by the quickest practical means,
copy for its files.
SECTION 3. REIMBURSABLE EMPENSES
maintaining a
The terms ~nd conditions governing reimbursement for any
assistance provided under this Agreement shall be in accordance
with the following provisions, unless otherwise agreed upon by
the Requesting and Assisting Parties and specified in the written
acknowledgment executed in'accordance with paragraph 2.I. of this
Agreement. The Requesting Party shall be ultimately responsible
for reimbursement of all reimbursable expenses.
A. PERSONNEL - During the period of assistance, the
Assisting Party shall continue to pay its employees according to
its then prevailing ordinances, rules, and requlations. The
Requesting Party shall reimburse the Assisting Party for all
direct and indirect payroll costs and expenses incurred during
the period of assistance, including, but not limited to, employee
pensions and benefits as provided by Generally Accepted
Accounting Principles (GkAP). The Requesting Party shall
reimburse any amounts paid or due for compensation to employees
of the Assisting Party under the terms of the Florida Workers'
Compensation Act due to personal injury or death occurring while
such employees are ~ngaged in rendering aid under this Agreement.
While providing services to the Requesting Party, employees of
the Assisting Party shall be considered "borrow servants" of the
13
April 27, 1994
Requesting Party and shall be considered in the
"dual employment"
with the Requesting and Assisting Parties, subject to the
supervision and control of both for purposes of Chapter 440,
Florida Statutes. While the Requesting Party shall reimburse the
Assisting Party for payments made in workers' compensation
benefits required to be paid to its employees due to personal
injury or death, the Division, and both the Requesting and
Assisting Party shall enjoy immunity from civil prosecution as
provided for in the Florida Workers' Compensation Act.
B. EQUIPMEI~T - The Assisting Party shall be reimbursed by
the Requesting Party for the use of its equipment during the
period of assistance according to either a pre-established local
or state hourly rate or according to the actual replacement,
operation, and maintenance expenses incurred. For those
instances in which costs are reiI~bursed by the Federal Emergency
Management Agency, the eligible dire6t costs shall be determined
in accordance with 44 CFR 206.228. The Assisting Party shall pay
for all repairs to its equipment as determined necessary by its
on-site supervisor(s) to maintain such equipment in safe and
operational condition. At the request of the Assisting Party,
fuels, miscellaneous supplies, and minor repairs may be provided
by the Requesting Party, if practical. The total equipment
charges to the Requesting Party shall be reduced by the total
value of the fuels, supplies, and repairs furnished by the
14
Requesting Party and by the amount of any insurance proceeds
received by the Assisting Party.
C. · PLATERIALS AND SUPPLIES - The Assisting Partly shall be
reimbursed for all. materials and supplies furnished by it and
used or damaged during the period of assistance, except for the
costs of equipment, fuel and maintenance materials, labor and
supplies, which shall be included in the equipment rate
established in 3.B. above, unless such damage is caused by gross
negligence, willful and wanton misconduct, intentional misuse, or
recklessness of the Assisting Party's personnel. The Assisting
Party's Personnel shall use reasonable care under the
circumstances in the operation and control of all materials and
supplies used by them during the period of assistance. The
measure of reimbursement shall b~ deteI-mined in accordance with
44 CFR 206.228. In the alternative, the Parties may agree that
the Requesting Party will replace, with like kind and quality as
determined by the.Assisting Party, the materials and supplies
used or damaged. If such an agreement is made, it shall be
reduced to writing and transmitted to the Division.
D. RECORD KEEPING - The Assisting Party shall maintain
records and submit invoices for reimbursement by the Requesting
Party or the Division using format used or required by FEMA
publications, including 44 CFR part 13 and applicable office of
Management and Budget Circulars. Requesting Party and Division.
15
· ~it 27, ~994 ~
finance personnel shall provide information, directions, and
assistance for record keeping to Assisting Party personnel.
E. PAYMENT - Unless otherwise mutually agreed in the
written acknowledgement executed in accordance with paragraph
2.I. or a subsequent written addendum to the acknowledgement, the
Assisting Party shall bill the Requesting Party for all
reimbursable expenses with an itemized Notice as soon as
practicable after the expenses are incurred, but not later than
sixty (60) days following the period of assistance, unless the
deadline for identifying damage is extended in accordance with 44
CF~ part 206. The Requesting Party shall pay the bill, or advise
of any disputed items, not later than sixty (60) days following
the billing date. These timeframes may be modified by mutual
agreement. This shall not preclude an Assisting Party or
Requesting Party from assuming or donating, in whole or in part,
associated with any loss, damage, expense or use of
equipment and resources provided to a Requesting
the costs
personnel,
Party.
F.
PAYMENT BY OR THROUGH THE DIVISION: The Division of
Emergency Management may reimburse for all actual and necessary
travel and subsistence expenses for personnel providing
assistance Pursuan~ to the request of the Division, to the extent
of funds available, and contingent upon an annual appropriation
from the Legislature for such purposes. The Assisting Party
16
shall be responsible for making written request to the Division
for reimbursement of travel and subsistence expenses, prior to
submitting a request for payment to the Requesting Party. The
Assisting Party's written request should be submitted as s~on as
possible after expiration of the period of assistance. The
Division shall provide a written response to said requests within
ten (t0) days of actual receipt. If the Division denies said
request, the Assisting Party shall then bill the Requesting
Party. In the event that an affected jurisdiction requests
assistance without forwarding said request through the Division,
or'an assisting party provides assistance without having been
requested by the Division to do so, the Division shall not be
liable for reimbursement of any of the cost(s) of assistance.
The Division may serve as the eligible entity for requesting
reimbursement of eligible costs from FEMA. Any costs to be so
reimbursed by or through the Division shall be determined in
accordance with 44 CFR 206.228. The Division may authorize
applications for reimbursement of eligible costs from the
undeclared disaster portion of the Emergency Management
Preparedness and Assistance Trust Fund established pursuant to
Section 252.373, Florida Statutes, in the event that the disaster
or emergency event is not declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law
93-288, as amended by Public Law 100-707. Such applications
17
shall be evaluated pursuant to ~-ules
established by the Division,
and may be funded only to the extent of available funds. SECTION
SECTION 4. INSURANCE
Each participating government shall bear the risk of its own
actions, as it does with its day-to-day operations, and determine
for itself what kinds of insurance, and in what amounts, it
should carry. If a participating government is insured, its file
shall contain a letter from its insurance carrier authorizing it
to provide and receive assistance under this Agreement, and
indicating that there will be no lapse in its insurance coverage
either on employees, vehicles, or liability. If a participating
government is self-insured, its file shall contain a copy of a
resolution authorizing its self-insurance program. A copy of the
insurance carrier's letter or the resolution of self-insurance
shall be attached to the executed copy of this Agreement which is
filed with the Division. Each Assisting Party shall be solely
responsible for detel-mining that its insurance is current and
adequate prior to providing assistance under this agreement. The
amount of reimbursement from the Division or the Requesting Party
shall be reduced by the amount of any insurance proceeds to which
the Assisting Party is entitled as a result of losses experienced
in rendering assistance pursuant to this Agreement.
SECTION 5. LIABILITY
18
TO the extent permitted by law,
· sovereign immunity,
responsible for any
damages, and causes
and without waiving
each Party to this Agreement shall be
and all claims, demands, suits, actions,
of action related to or arising out of or in
any way connected with its own actions, and the actions of its
personnel, in providing mutual aid assistance rendered or
performed pursuant to the terms and conditions of this Agreement.
SECTION 6. LENGTH OF TIME FOR EMERGENCY
The duration of such state.of emergency declared by the
Requesting Party is limited to seven (7) days. It may be
extended, if necessary, in 7
SECTION 7. TERM
This Agreement shall be
day increments.
in effect for one (1) year from the
date hereof and shall automatically be renewed in successive one
(1) year terms unless terminated in writing by the participating
government. Notice of such termination shall be made in writing
and shall be served personally or by registered mail upon the
Director, Division of Emergency Management, Florida Department of
Community Affairs, Tatlahassee, Florida, which shall provide
copies to all other Participating Parties.
SECTION 8. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall be in full force and effect upon
approval by the participating government and upon proper
execution hereof.
19
SECTION 9. ROLE OF DIVISION OF EMERGENCY MANAGEMENT
The responsibilities the Division of Emergency'Management,
Florida Department of Community Affairs under this Agreement are
to: (1) request mutual aid on behalf of a participating
government, under the circumstances identified in this Agreement;
(2) coordinate the provision or.mutual aid to a requesting party,
pursuant to the provisions of this Agreement; (3) serve as the
eligible entity for requesting reimbursement of eligible costs
from FEMA, upon a Presidential disaster declaration; (4) sei-ve as
central depository for executed Agreements; and (5) maintain a
c~rrent listing of Participating Governments wi%h-their
Authorized Representative and contact information, and to provide
a copy of the listing to each of the Participating Governments on
an annual basis during the second quarter of the calendar year.
SECTION 10. SEVERABILITY; EFFECT ON OTHER AGREEMENTS
Should any portion, section, or subsection of this Agreement
be held to be invalid by a court of competent jurisdiction, that
fact shall not affect or invalidate any other portion, section or
subsection; and the remaining portions of this Agreement shall
remain in full force and affect without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement have entered
into other mutual aid agreements, pursuant to Section 252.40,
Florida Statutes, or interlocal agreements, pursuant to Section
2O
163.01, Florida Statutes, those parties agree that said
agreements are superseded by this agreement only for emergency
management assistance and activities performed in catastrophic
emergencies pursuant to this agreement. · In the event that two or
more parties to this agreement have not entered into another
mutual aid agreement, and the parties wish to engage in mutual
aid, then the terms and conditions of this agreement shall apply
unless otherwise agreed between those parties.
21
IN WITNESS WHEREOF, the parties set forth below have duly
executed this Agreement on the date set forth below:
ATTEST:
CLERK OF THE CIRCUIT COURT
By:
I>eputy ,Clerk
BOARD OF
OF
(County)
FLORIDA
By:
Chairman
APPROVED AS TO FOPJS:
Office of the County Attorney
By:
EXECUTED BY THE FOLLOWING PARTICIPATING LOCAL GOV]ERh~fENTS IN
, COUNTY (attach authorizing resolution or ordinance
and insurance letter or resolution for each)
Political Subdivision
, by
Authorized Official Date
Authorized Official Date
Political Subdivision
, by
Political Subdivision
, by
Authorized Official
Authorized Official
Authorized Official
Date
Date
Date
Political Subdivision
, by
Political Subdivision
, by
Political Subdivision
! by
Authorized official
Date
Political Subdivision
, by
Authorized Official Date
ACKNOWLEDGED AND AGREED BY THE DIVISION OF EFLERGENCY MANAGEmeNT
By:
Director
Date:
~oTUALAID AGREEMENT
FOR EMERGENCY RESPONSE/RECOVERY
APPENDIX A
Name of Government:
Mailing Address:
City, State, Zip:
Authorized Representatives to Contact for Emergency Assistance:
Primarv Representative
Name:
Title:
Address:
Day Phone:
FAX No.:
Night Phone:
1st Alternate Representative
Name:
Title:
Address:
Day Phone:
2nd Alternate ReDresentative
Name:
Night Phone:
Title:
Address:
Day Phone:
Night Phone:
23
.I~QUIRE D Ii~FOR/~ATIOlq
Each request for assistance shall be accompanied by the
following informationl to the extent known:
1. General description of the damage sustained:
2.' Identification of the emergency service function for which
assistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and
engineering, building, inspection, planning and information-
assistance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
24
Apr~l 27, 1~94
P~QUIRED INFORMATION (continued)
3. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and ~he type of work assistance
needed:
4. The amount and type of personnel, equipment,
supplies needed and a reasonable estimate of the
they will be needed:
materials, and
length of time
Requesting
centers or
services:
The need for sites, structures or buildings outside the
Party's political subdivision to serve as relief
staging areas fo~' incoming emergency goods and
25
REQUIRED INFORMATION (continued)
6. A specific time and place for a representative of the
Requesting Party to meet the personnel and equipment of any
Assisting Party.
26
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NAF~E OF ASSISTING PARTY:
AUTHORIZED ILEPRESENTATI%-E:
CONTACT NI3q~BER/PROCEDURES:
1. Assistance To Be Provided:
Resource T!rpe
Amount Assignment
Est. Time Arrival
2. Availability of Additional Resources:
3. Time Limitations, if any:
27
2740
STATE
DEPARTMENT OF
OF FLORIDA
COMMUNITY
AFFAIRS
C E N T E R VI EV~' D R I V E " TA L L A H A S S E E, FLORIDA 32399- 2100
LAWTON CHILES
LINDA LOOMIS SHELLEY
H E H 0 R i~ N D U H
TO:
FROM:
COU]Ti~/ EPL~GENCY I{~%NAGEMEA"~ DIRECTORS AND
SIGNATORIES TO THE STATEWIDE R%VfUAL AID AGREEMENT
Dlvlslon of Emergency Manage~nt
SUBJECT: Mutual Aid Compact: Modification'
DATE: October 19, 1994
In September I provided you all with info~mation regarding the
execution-oft_he Statewide-Mutuat- A-id Agreement, and-advised you
that the Division of Emergency Management (DEM) anticipated a
modification to the Agreement, based' upon comments by several
local goverrnnent risk managers. Attached you will find the
Modification prepared based upon those and other co~ents re-
ceived. The attached Modification (dated October 51, 1994) is
now ready for execution. Please destroy or otherwise dispose of
any previous drafts you may have received.
Therefore, please initiate the processes necessary to have your
local governments execute this Modification, and return executed
copies with attachments to the Division. County Emergency
Management Agency Directors should provide copies of the Modifi-
cation to all-those municipalities they previously provided with
the Statewide Mutual Aid Agreement. In addition, DEM will be
sending copies to all those that have already executed the
Agreement. For those entities'that have not yet executed'the
Statewide Mutual Aid Agreement, the Modification should be
executed concurrently with the Agreement.
DEM will forward copies with the Division's endorsement back to
all signatories upon final execution. With your continued
assistance we anticipate having all modifications executed as
soon as possible. If you have any questions, please call Robert
C. Byerts at (904) 488-0410.
JFM/rb
attach. (1)
October 21,
1994
MODIFICATION #1 TO STATEWIDE MUTUAL AID AGREEMENT
WHEREAS, the undersigned County/Municipality (strike one),
along with the Department of Community Affairs, Division of
Emergency Management (DEM) and various other counties and munici-
palities in the State of Florida, has entered into the Statewide
Mutual Aid Agreement for Catastrophic Response and Recovery (the
Agreement); and
WHEREAS, the parties to the Agreement are desirous of
amending the Agreement, to revise.provisions regarding the
handling of workers, compensation claims and to clarify and
correct certain other terms and conditions;
NOW, THEREFORE, .the undersigned signatories agree:
1. The title of the Agreement is revised to read: "statez
wide Mutual Aid Agreement.,,
2. The introductory paragraph is revised to read: "THIS
AGREE~fENT IS ENTERED INTO BETWEEN THE STATE OF FLORIDA, DIVISION
OF EPfERGENCY MA-NAGEFfENT, AI~D BY AND AMONG EACH COUNTY AND MUNICi-
PALITY THAT EXECUTES ;%ND ADOPTs THE TERMs AND CONDITIONS CON-
TAINED HEREIN, BASED UPON THE FOLLOWING FACTS:,,.
3. The first sentence of SECTION 1. DEFINITIONS, paragraph
A. "AGREF24~NT,, is revised to read: "the Statewide Mutual Aid "
Agreement.,, The remainder of that paragraph is unchanged.
4. SECTION '1. ~EFIN~ITION~, paragraph D. "AUTHORIZED
REPRESENTATIVE,, is revised to read: "An employee of a participat-
1
October 21, 1994
ing government authorized in writing by that government to
request, offer, or provide assistance under the terms of this
Agreement. The list of authorized representatives for the
participating government executing this Agreement shall be
attached hereto as 'Exhibit A,' and shall be updated as needed by
each participating government."
5. SECTION 1. DEFINITIONS, paragraph H. "PARTICIPATING
GOVERNMENT" is revised to read: "The State of Florida, any county
which executes this Agreement and supplies a complete, executed
copy to the Division, and any municipality which executes this
Agreement and supplies a complete, executed copy to the Divi-
sion."
6. A.new paragraph K. is added to SECTION 1. DEFINITIONS,
to read as follows: "Ko 'MAJOR DISASTER'- a disaste~ that will
likely exceed local capabilities and require'a bro~d :range of
state and federal assistance."
7. The initial, unnumbered, paragraph of SECTION 2.
PROCEDURES, is revised to read:
When a Participating Government either becomes
affected by, or is under imminent threat of, a major
disaster, it may invoke emergency related mutual aid
assistance either by: (i) declaring a state of local
emergency and transmitting a copy of that declaration'~
to the Assisting Party, or to the Division, or (ii) by
orally communicating a request for mutual aid assis-
2
October 21, 1994
tance to the Assisting Party or to the Division, fol-
lowed as soon as practicable by written confirmation of
said request. Mutual aid shall not be requested by any
Participating Government unless resources available
within the stricken area are deemed inadequate by that
Participating Government. Municipalities shall coordi-
nate requests for state or federal assistance with
their County Emergency Management Agencies. All re-
quests for mutual aid shall be transmitted by the
Authorized Representative or the Director of the Local
Emergency Management Agency. Requests for assistance
may be communicated either to the Division or directly
to an Assisting Party. Requests for assistance under
this Agreement shall be limited to major disasters,
except where the Participating Government has no other
mutual aid agreement for the provision of assistance
related to emergencies or disasters, in which case a
Participating Government may request assistance related
to any disaster or emergency, pursuant to the provi-
sions of this Agreement.
8. SECTION 2. PROCEDURES, paragraph C. REQUIRED INFOR/~A-
TION, subparagraph, 6 is revised to read:
6. An.estimated time and a specific place for a
representative of the Requesting Party to meet the
October 21, 1994
personnel ~nd equipment of any Assisting Party.
This information may be provided on the form
attached as Exhibit "B," or by any other available
means. The Division may revise the format of Exhibit
"B" subsequent to the execution of this agreement, in
which case it shall distribute copies to all Partici-
pating Governments.
9e
SECTION 2. PROCEDURES, paragraph I. WRITTEN ACKNOWL-
is revised to read:
I. WRITTEN ACKNOWLEDGEMENT- The Assisting Party
shall complete a written acknowledgment regarding the
assistance to be rendered, setting forth the informa-
tion transmitted in the request,
by the quickest practical means
or the Division, as applicable,
and shall transmit it
to the Requesting Party
for approval. The form
to serve as this written acknowledgement is attached' as
Exhibit C. The Requesting Party/Division shall respond
to the written acknowledgement by executing and return-
ing a copy to the Assisting Party by the quickest
practical means, maintaining a copy for its files.
10. SECTION 3. REIMBURSABLE EXPENSES, paragraph A. PEkSON-
I~EL, is revised to read:
A. PERSONI~EL - During the period of assistance,
4
October 21, 1994
the Assisting Party shall continue to pay its employees
according to its then prevailing ordinances, rules, and
regulations. The Requesting Party shall reimburse the
Assisting Party for all direct and indirect payroll
costs and expenses (including travel expenses') incurred
during the period of assistance, including, but not
limited to,.employee pensions and benefits as provided
by Generally Accepted Accounting Principle~ (GAAP).
However, the Requesting Party shall not be responsible
for reimbursing any amounts paid or due as benefits to
employees of the Assisting Party under the tel-ms of the
Florida Workers' Compensation Act due to personal
injury or death occurring while such employees are
engaged in rendering aid under this Agreement. Both
the Requesting Party and the Assisting Party shall be
responsible for payment of such benefits only to their
own employees.
11. SECTION 7. TERM, is revised to read:
This Agreement shall be in effect for one (1) year
from the date hereof and shall be renewed in successive
one (1) year terms unless terminated upon sixty (60)
days advance written notice by the Participating GovL
ern~ent. Notice of such termination shall be made in
writing and shall be served personally or by registered
5
mail upon the Director, Division of ~mergency Manage-
ment, Florida Department of Community Affairs, TaIla-
hassee, Florida, which shall provide copies to all
other Participating Governments. Notice of termination
shall not relieve the withdrawing Participating Govern-
ment from obligations incurred hereunder prior to the
effective date of the withdrawal and shall not be
effective until sixty (60) days after notice thereof
has been sent by the Director, Division of Emergency
Management, Department of Community Affairs to all
other Participating Governments.
12. SECTION 10. SEVERABILITY; EFFECT ON OTHER AGREEMENTS,
is revised to read:
Should any portion, section, or subsection of this
Agreement be held to be invalid by a court of competent
jurisdiction, that fact shall not affect or invalidate
any other portion, section or subsection; and the
remaining portions of this Agreement shall remain in
full force and affect without regard to the section,
portion, or subsection or power invalidated.
In the event that any parties to this agreement
have entered into other mutual aid agreements, pursuant
to Section 252.40, Florida Statutes, or interlocal
agreements, pursuant to Section 163.01, Florida Stat-
utes, those parties agree that said agreements are
superseded by this agreement only for emergency manage-
ment assistance and activities performed in major
disasters, pursuant to this agreement. In the event
that two or more parties to this agreement have not
entered into another mutual aid agreement, and the
parties wish to engage in mutual aid, then the terms
and conditions of this agreement shall apply unless
otherwise agreed between those parties.
13. The document attached to the Agreement and formerly
labeled "APPENDIX A," is revised to be titled "EX~tIBIT A" as
indicated in the attached EX~tIBIT A. The document attached to
the Agreement entitled "REQUIP~ED I/~FORMATION" is revised to be
titled "EXEIBIT B" as indicated in the attached "EXHIBIT B." The
document attached to the Agreement and
is revised to be titled ,'EX~tiBIT C" as
"E~IBIT C.~
entitled "ACK~OWLEDG/fEI~T"
indicated in the attached
14. This Modification shall become effective only as
between those counties and municipalities, and the State of
Florida, when they have actually executed a copy of the MODIFICA-
TION #1 TO STATEWIDE MUTUAL AID AGREEMENT containing 'identical
terms, and when that copy has been executed by the State of
Florida, Division of Emergency Management.
7
IN WITNESS WHEREOF,
executed this Agreement on the date set forth below:
ATTEST: BOARD OF
CLERK OF THE CIRCUIT COURT OF
(County)
the parties set fort/% below have duly
By: By:
Deputy Clerk
FLORIDA
Chairman
APPROVED AS TO FORM:
Office of the County Attorney
By:
ATTEST:
CITY CLERK
CITY OF
FLORIDA
By:
Title
By:
Title
APPROVED AS TO FORM:
Office of City Attorney
By:
STATE OF FLORIDA
DEPARTM]ENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
By:
Title
8
Date:
STATENIDE ]&uTU]%I. A~ID AG~REF~HENT
EXHIBIT A
Name of Government:
Mailing Address:
City, Stat~, Zip: __
Authorized Representatives to Contact for Emergency Assistance:
Primarv ReDre~entative
Name:
Title:
Address:
Day Phone:
FAX No.:
Night Phone:
1st Alternate RePresentative
Name:
Title:
Address:
Day Phone:
2nd Alternate RePresentative
Name:
Night Phone:
Title:
Address:
Day Phone:
Night Phone:
9
EXHIBIT B
sTATEWIDE MUTUAL AID AGREEMENT
REQUIRED INFORMATION
Each request for assistance shall be accompanied by the
ollowing information, to the extent known:
General description of the damage sustained:
. Identification of the emergency service function for which
sistance is needed (e.g. fire, law enforcement, emergency
medical, transportation, communications, public works and engi-
neering, building, inspection, planning and information assis-
tance, mass care, resource support, health and other medical
services, search and rescue, etc.) and the particular type of
assistance needed:
10
REQUIRED INFORMATION (continued)
3. Identification of the public infrastructure system for which
assistance is needed (e.g. sanitary sewer, potable water,
streets, or storm water systems) and the type of work assistance
needed:
4. The amount and type of personnel, equipment, materials, and
supplies needed and a reasonable estimate of the length of time
they will be needed:
5. The need for sites, structures or buildings outside the
Requesting Party's political subdivision to serve as relief
centers or staging areas for incoming emergency goods and servic-
es:
11
REQUII~ED INFORMATION (continued)
6. An estimated time and specific place for a representative of
the Requesting Party to meet the personnel and equipment of any
Assisting Party.
12
EXHIBIT C
STATEWIDE MI3TUAL AID AGR]EEP~ENT
ACKNOWLEDGMENT
To be completed by each Assisting Party.
NA/{E OF ASSISTING PARTY:
AUTHORIZED I~EPRESENTATIVE:
CONTACT NUMBER/PROCEDURES:
1. Assistance To Be Provided:
Resource Type Amount Ass igrn~ent
Est. Time Arrival
2. Availability of Additional Resources:
3. Time Limitations, if any:
13
I. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
BARBARA J. RIESBERG
ELLEN N. SAUL~
GAll D, SEROTA~
Josemh h. SeROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
WEISS SEI~OT~ ~ HELI~4~N, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI, FLORIDA 33133
May 31, 1996
BROWARD OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE 710
FORT 1AUDERDALE~ FLORIDA 33301
TELEPHONE (305) 763-1189
Honorable Mayor and Councilmembers
City of Aventura
2750 NE 187th Street
Aventura, Florida 33180
Re: Status of Utility Tax Collections Pursuant to City
Ordinance No. 96-03
Dear Mayor and Councilmembers:
On or before June 20, 1996, the City of Aventura expects to
receive the first series of monthly payments of utility taxes from
most of the utility service providers, including, but not limited
to, Florida Power & Light, BellSouth, the North Miami Beach Utility
Department and various telecommunication companies, pursuant to
City Ordinance No. 96-03. The Metro-Dade Water and Sewer Authority
Department has made its first payment. We have received many
telephone calls from utility service companies advising that they
are working on carving out the customer accounts within the City of
Aventura so that they are able to make the proper payments. We are
also having prepared an alphabetical listing of streets within the
City, in compliance with the request of certain telecommunication
companies.
Early this month, we sent out a first round of 40 letters
advising utility service companies of the necessity to pay the
utility tax directly to the City of Aventura, and we expect to send
out additional letters shortly. Correspondence is attached hereto
reflecting our additional efforts to assure collection of utility
taxes.
As you know, Florida Power & Light has provided a letter of
May 20, 1996 providing its estimates of annual utility tax payments
to the City.
Honorable Mayor and Councilmembers
May 31, 1996
Page 2
Please advise if there are any questions on this matter.
Respectfully submitted,
David M. Wolpin
DMW/tms/328001
cc: Mr. Eric M. Soroka, City Manager
WEISS SEI~OT~ ~c HELI*I~IAN, P.A.
L. ROBERT ELIA~
EDWARD G. GUEDE$
~TEPHEN J, HELFI~AN
WEISS SEt~OT.t ~ HELFMAN, P.~.
ATTORNEYS AT LAW
:~665 SOUTH BAYSHORE DRIVE
SUITE ~O~-
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-08D0
?ELECOPIER (305) 854-a323
May 30, 1996
BROWAR D OFFICE
88B EAST LAS OLA$ BOULEVARD
SUITE 710
BellSouth Mobility Inc
c/o Mr. Holloway
150 West Flagler Street
Suite 1820
Miami, Florida 33130
Re: City of Aventura, Florida
Dear Mr. Holloway:
Pursuant to your request, enclosed is a copy of a series of
maps providing the boundaries of the City of Aventura. This is
intended to assist BellSouth in paying the public utility tax
imposed by the City of Aventura upon telecommunications services.
Please advise if you have any questions.
Very~y~
David M. wolpin
DMW\tms\328001
enclosure
'WEISS SEt~OT-P~ ~ HF'Ll~l'l'/k-~, P.~k.
~TTO~'¥~ AT ~.~W
May 22, 1996
Ms. Aletha Player
Manager, North Dade
Florida Power & Light Company
9250 West Flagler Street
Miami, Florida 33174
Re: collection of Utility Tax for City of Aventura
Dear Ms. Player:
Thank you for your letter of May 20, 1996 providing an
estimate of anticipated utility tax collections by Florida Power &
Light Company for the City of Aventura.
Enclosed is the executed direct deposit authorization form
which you furnished to us to enable the City of Aventura to receive
a direct deposit of the utility tax revenue into the City's account
at the Northern Trust Bank of Florida.
Please be advised that on May 21, 1996 t~,,eECity of Aventura
received its Employer Identification Number .I.N.") from the
IRS. The E.I.N. is 65-0662615.
Thanks again for your cooperation and assistance.
Very truly, yourst ~
David M. Wolpin
DMW\tms\328001
cc: Richard Jay Weiss, Esq.
WEISS SEROTA & HELFMAN, P.A.
2665 South Bayshore Drive
Suite 204
Miami, FL 33133
Telephone (305) 854-0800
Telecopier (305) 854-2323
TO: Jan Strayhom, Esq. C ~/~cflcx) 669-3710
Attention: Cindy
FROM:
David M. Wolpin
COMMENTS:
Pursuant to your request, attached is a copy of City of
Aventura Charter Section 8.04 and Ordinance No. 96-03 re:
Utility Tax.
The information contained in this transmission is attorney privileged and confidential. It is
intended only for the use of the individual or entity named above. If the reader of this
message is not the intended recipient, you are hereby notified that any dissemination,
distribution or copy of this communication is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone collect and return the
original message to us at the above address via the U. S. Postal Service. We will reimburse
you for postage. Thank you.
DATE: May 21, 1996
FILE NO. 328.001
NUMBER OF PAGES INCLUDING COVER SHEET: 15
PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERL
L. ROBERT ELIAB
EDWARD G. GUEDEE~
BTEPHEN J, HELF~MAN
GILBERTO PABTO RIZA
BARBARA ~. RIESBERG
ELLEN N. BAULe
GAlL D. SEROTA~
WEISS SEROTA & I-IELFMAN, P.~.
ATTOF~NEYS AT L~W
~665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI~ FLORIDA 33133
May 21, 1996
Mr. Michael J. Roberto
City Manager
City of North Miami Beach
17011 NE 19th Avenue
North Miami Beach, FL 33162
Re: Municipal Utility Tax Collections of City of Aventura
Dear Mr. Roberto:
Pursuant to Aventura City Charter Section 8.04 and Aventura Ordinance No. 96-03,
the Gity of Aventura has imposed a ten percent utility tax upon certain utility services
including water service. Since the Gity of North Miami Beach Utility Department is the
supplier of water services to customers located within the City of Aventura, this shall serve
as our notification and request that commencing with the payment due on June 20, 1996,
the Gity of North Miami Beach Utility Department pay to the City of Aventura the utility
taxes imposed upon the purchase of water furnished by the Gity of North Miami Beach Utility
to customers located within the Gity of Aventura. This requires that public utility taxes upon
the purchase of such water are to be paid to the City of Aventura for the territory comprising
the Gity, rather than to Dade Gounty. No change in the utility tax rate has been made.
The following items are included for your reference:
1. Copy of City Charter Section 8.04;
2. Copy of City Ordinance No. 96-03;
3. Map of the City of Aventura;
4. Tax return form of the City of Aventura;
Mr. Michael J. Roberto
May 21, 1996
Page 2
5. Copy of Dade County charter Sec. 5.07;
6. Copy of Dade County Code Section 20-8.2; and
7. Copy of Dade County Ordinance No. 95-73.
As we discussed in our telephone conversation, please note that Section 20-8.2 of the
Dade County Code, which reserves certain utility taxes to the County, applies solely to
annexation of territory by existing cities and not to the creation of new cities. That is why
County Ordinance No. 95-73, enabling the creation of Aventura, did not attempt to reserve
such utility tax to the County.
Please provide for payment of the utility taxes to the City of Aventura at the address
indicated on such tax return form.
Please do not hesitate to contact us if any questions arise. Thank you for your
assistance. We look forward to working with the City of North Miami Beach on matters of
mutual municipal interest.
Very truly yours,
David M. Wolpin
DMW\t~\328001
enclosures
cc: Ken Imrisek, Finance Director
WEISS $E1ROTA ~ HELF~X~AN, P.A.
MAY ~0
I=1=)1-
P.O. Box 1~5209, Miami, FL '~102-5Z09
May 20, 1996
David M. Wolpin
Weiss, Serota& Helfman, P.A.
2665 S. Beyshore Drive Suite 204
Miami, Florida 33133
Re: City of Aventura Utility Tax,
Dear Mr. Wolpin:
In response to your request concerning payment of future utility tax payments, the first
payment will be issued to Aventura on June 20. Each payment can be deposited into the
City's bank account provided the attached direct deposit authorization form is completed
and returned to FPL. Also, as soon as the City.receives the W-9, tax payer identification
number and certificate, please send a copy to us.
We have estimated the City's annual tax payments to be in the range of $ 2,000,000. Of
course, this is only an estimate and is based on previous sales and collections of energy
sold within Aventura's boundaries.
Please let me know if you have any further questions.
Sincerely,
Manager, Corporate & External Affairs.
- an Equal Oppo~uoity Employer M/F -
l. ROBERT ELIAS
EDWARD G, GUEDE$
STEPHEN J. HELFMAN
WEISS SEROTA ~C HELFMAN, P. 2k_.
ATTORNEYS AT LAW
:~665 SOUTH BAYSHORE DRIVE
SUITE
MIAMI, FLORIDA 33133
May 20, 1996
BROWARD OFFICE
888 EAST LAB OLAB BOULEVARD
SUITE 710
Mr. Jerry Larotonda
Tax Specialist
AT&T Wireless Services
250 Australian Avenue South
Suite 1500
West Palm Beach, Florida 33401
Re: City of Aventura - Public Utility Tax
Dear Mr. Larotonda:
This is in response to your letter of May 16, 1996
(erroneously dated March 14, 1996) in which you acknowledge receipt
of the City of Aventura's letter of May 1, 1996 providing
notification of the City of Aventura public utility tax.
Pursuant to the request set forth in the second paragraph of
your letter, we will be providing to you very shortly a printed
alphabetical listing of all street names, including block numbers
and street numbers for streets which cross or form municipal
boundaries within the City of Aventura for use by AT&T Wireless in
calculating the amount of public utility tax payable to the City of
Aventura.
We have enclosed for your reference a copy of Aventura City
Charter Sections 1.01 and 8.04, as authorized by Metropolitan Dade
County Ordinance No. 95-73, which (coupled with Dade County Charter
Sec. 5.07) indicates that Dade County recognizes that the City of
Aventura is entitled to collect the public utility tax from the
date of inception of the new municipality of Aventura, November 7,
1995. Also enclosed is a copy of ordinance No. 96-03 of the City
of Aventura providing for the continued imposition of the public
utility tax within the City of Aventura and mandating that payment
of such public utility tax be made directly to the City of
Aventura.
Contrary to the fifth paragraph of the first page of your
letter, AT&T Wireless is not entitled to 120 days' notice prior to
Mr. Jerry Larotonda
May 20, 1996
Page 2
the collection and remittance to the City of Aventura of the public
utility tax on telecommunications services. The 120 day
notification period provided by Section 166.231(9)(c), Fla. Stat.
only applies if a municipality chanqes the tax rate or basis of
levy on telephone or telecommunications services. As reflected in
the City of Aventura Ordinance No. 96-03, the City is continuing
the 7% tax on telecommunications services upon exactly the same
basis as previously imposed by Metropolitan Dade County.
Accordingly, we expect your prompt compliance with Ordinance
No. 96-03 in accordance with law. A tax return form is enclosed
for your convenience.
David M. Wolpin
DMW\tms\328001
enclosures
WEISS SEROTA ~ ?IELF!viAN, P.A.
WEISS SEI~OTA ~ I-IEL~rl~A~', P..~.
ATTOR N ~-YS
2665 SOUTH BAYSHORE: DRIVE:
SUITE:
NIAI'HI, FLORIDA 3313,3
May 14, 1996
Ms. Aletha Player
Manager, North Dade
Florida Power & Light Company
9250 West Flagler Street
Miami, Florida 33174
Re: City of Aventura Utility Tax
Dear Ms. Player:
Pursuant to your request, enclosed is a copy of City of
Aventura Ordinance 96-03 providing for the municipal utility tax.
Also enclosed is a map of the City boundaries and the tax return
form to be utilized for payment of utility tax.
Please advise me if anything further is required.
Very truly yours,
David M. Wolpin
DMW\tms\328001
enclosure
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTOR IZA
ATTORNEYS AT ~W
~6~ SOUTH BAYSHORE DRIVE
SUITE ~04
~IA~I~ FLORIDA 33133
TELEPHONE (305) 854-0500
TELECOPIER (.305) 854-2323
May 14, 1996
Mr. Gary Bryant
Tax Department
Peoples Gas Company
PO Box 2562
Tampa, Florida 33601
Re: City of Aventura Utility Tax
Dear Mr. Bryant:
Pursuant to your telephone request, enclosed is a copy of City
of Aventura Ordinance No. 96-03 concerning the public utility tax.
Also enclosed is a copy of City Charter Section 8.04, as referenced
in such Ordinance, and the required tax return form.
Please advise me if anything further is required at this time.
Very truly yours,
David M. Wolpin
DMW\tms\328001
enclosures
WEISS SEROT.~ ~ HELFi A , P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI, FLORIDA 33133
May 14, 1996
Sprint Communications Company
c\o Tax Department
Mailstop MDKCMW0609
903 E. 104 Street
Kansas City, MO 64131
Re: City of Aventura UtilityTax
Dear Sir:
Pursuant to your recent request, enclosed is a copy of City of
Aventura Ordinance No. 96-03, along with a revised tax return form
reflecting the adoption of such Ordinance.
Please advise me if anything further is required at this time.
Very truly yours,
David M. Wolpin
DMWktms\328001
enclosures
WEISS SEI~OTA & HELFMAN,
ATTORNEYS AT LAW
~665 SOUTH BAYSHORE DRIVE
SUITE
MIAMI, FLORIDA 33133
May 9, 1996
Ms. Brenda Anderson Brown
BellSouth Telecommunications
16J07 Campanile Building
1155 Peachtree Street, N.E.
Atlanta, GA 30309-3610
Re: City of Aventura Utility Tax
Dear Ms. Brown:
Pursuant to your telephone call of May 8, 1996, enclosed are
the following documents which you have requested:
1. Dade County Ordinance No. 95-73, providing for the
creation of the new City of Aventura;
2. Section 8.04 of the City Charter of the City of Aventura,
which provides for the continuation of taxes previously imposed by
Dade County;
3. A copy of the Utility Tax Ordinance adopted by the City
Council of the City of Aventura on May 7, 1996.
Also enclosed is a copy of Section 20-8.2 of the Dade County
Code (originally adopted as Ordinance No. 70-84 of Metropolitan
Dade County). You will note that Section 20-8.2, which reserves
certain utility tax revenues to Dade County, applies only to the
change in boundaries of existing municipalities, and does not apply
to the creation of new municipalities. The City of Aventura is a
new municipality which previously did not exist. Section 20-8.2 is
not applicable.
RJW\tms\328001
enclosures
Please advise me if any further information is required.
Very truly yours~~
David M. Wolpin
L. ROBERT ELIAS
EDWARD G, GUEDES
STEPHEN J. HELFMAN
WEISS SEROTA ~ HELFlviilg, P. 2k.
ATTORNEYS AT LAW
~eeS SOUTH BA¥SHORE DRIVE
SUITE 204
MIAMI~ FLORIDA 33133
May 1, 1996
CERTIFIED MAIL
RETURN RECEIPT REOUESTED
Network Long Distance
d/b/a LND Inc.
PO Box 1947
Baton Rouge, LA 70821-1947
Re: City of Aventura Utility Tax
Dear Sir or Madam:
Please be advised that every person or entity engaged in the
business of providing utility services, including electricity,
water, metered gas, bottled gas, coal or fuel oil, or
telecommunications services (the "Utility Services") to any
purchaser thereof, is hereby required to collect and remit directly
to the City of Aventura, Florida (the "City") the utility tax
authorized by Sec. 166.231, Fla. Stat., (the "Utility Tax") as
levied and imposed by Section 29-36, et.seq, of the Metropolitan
Dade County Code (the "County Code") for all such Utility Services
delivered or provided to any purchaser within the incorporated area
of the City. For your convenience, a copy of the legal description
and map of the City is attached hereto and incorporated herein as
Exhibit A.
Pursuant to Ordinance No. 95-73, adopted by the Board of
County Commissioners of Metropolitan Dade County (the "County") on
the 2nd day of Ma~; 1995, the City has been created effective as of
November 7, 1995 upon adoption of the City Charter accomplished on
such date. The first City Council was installed in office on March
28, 1996 and is assuming jurisdiction of municipal matters in the
process of accomplishing a transition from County services and
functions to municipal services and functions.
Pursuant to Section 8.04 of the Charter of the City, all
municipal taxes and fees imposed within the City boundaries by the
County as the municipal government for unincorporated Dade County,
which taxes and fees were in effect on the date of adoption of the
Charter, continue at the same rate and on the same conditions as if
those taxes and fees had been adopted and assessed by the City,
May 1, 1996
page 2
until modified by the City. This City Charter provision applies to
the utility Tax and necessitates that Utility Tax payments
previously required to be made to the County for Utility Services
within the City shall hereafter be made by the provider of such
services to the City. Any utility Taxes which have been remitted
to the county for the territory of the City, for Utility Service
purchases made after November 7, 1995 are received by the County
for the benefit of the City.
Unless and until modified by City, payments shall be made to
the City in accordance with the provisions of Article IV "utility
Tax" as set forth in Section 29-36 through Section 29-42 of the
County Code, as implemented by City Charter Section 8.04.
Remittance of the Utility Tax is required to be made directly
to the City commencing with the collection period of the month of
April 1996, for which a Utility Tax payment and return is due on or
before May 20, 1996. The City address for direct remittance of the
Utility Tax is as follows:
City of Aventura
c/o Raymond Leightman
Managing Executive Vice President
Northern Trust Bank
3001 Aventura Boulevard
Aventura, Florida 33180
or such other address as is subsequently provided by the City in
writing. The City of Aventura utility Tax return form and
instructions are enclosed.
Please advise if there are any questions in reference to the
implementation of these requirements.
Very truly yours,
David M. Wolpin
DMWktmsk328001
enclosure
cc: Dr. David Morris,
Assistant County Manager
~ROM:P~o~t9 ~pgpai~al TO: 305 85~ ~J~J MAY J1, 1996 2:26PM P.O1
METROPOLITAN DADE COUNTY, FLORIDA
STEPHEN P, CLARK CENTER
June
1, 1996
DEPARTMENT O~ PROPERTy APPflAISAL
AD~IINIGTRAllVE DIVISION
SUITG 710
MIAMI, FLORIDA ~31~1~4
Mr. David Wolpin
city Attorney
City of Aventura
2665 south Bayshore Drive,
Miami, Florida 33133
~204
RE: 1996 Assessment Roll Estimate
Dear Mr. Wolpin:
The following estimate is being provided in accordance with Florida Statute
200.065(7) which states:
"(7) The Property Appraiser shall deliver to the presiding
officer of each taxing authority within the County,
June 1~ an estimate of the total assessed value of non-
exempt property for the current year for budget
planning purposeS."
The Certification of Taxable Value (Form DR-420) will be delivered to all
taxing authorities on July 1. Receipt of these values on July 1 initiates
th~ Statutory budget and millage calendar.
The month of June is the most active and concentrated period at the end of
the assessment cycle in terms of preparing the assessment roll for
completion by July 1. As such, the projections used in preparing the
£igure provided below represent the beet estimate available for measuring
the changes taking effect during June.
2,560,000,000
Jo%1) W. Robbzn?
Property Appraiser
E. CLAY SHAW
22D DISTRICT, FLORIDA
~ou~e of ~£pre~entati~e~
~a~l~in~ton, ~C 20515-0022
May 21, 1996
WAYS AND MEANS
HUMAN RESOURCES
TRADE
Mr. David Wolpin
2665 South Bayshore Drive, Suite 204
Miami, Florida 33133
Dear Mr. Wolpin:
I am pleased that my staffhad the opportunity to be of service to you recently.
Please do not hesitate to call my office again for assistance, as my constituents' needs are
important to me.
Sincerely,
Member of Congress
ECS:dps
THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS
Agenda Item No. I tern 5C
MEMORANDUM
To: Hon. Chairperson and Members
Board of County Conunissioners
Date:
From:
Armando Vidal, P.E. '
County Manager
Subject:
Schedule for Consideration
of Petition for Incorporation
of Aventura Beach
The Department of Planning, Development and Regulation recommends that the
Aventura Beach petition for incorporation be considered by the Board of County
Commissioners during its second regular meeting in March, 1997.
The Department of Planning, Development and Regulation is reviewing the applicable
County procedures (Sections 20-20 through Section 20-23 of the County Code and
Ordinance 95-209) and recommends the following schedule for consideration of the
subject petition for incorporation:
Activity Date
1. Department of Planning, Development and Regulation September 1996
prepares report and transmittal to Boundaries
Commission and Planning Advisory Board (Sec. 20-22,
COMDC)
Boundaries Commission makes recommendation on
petition to Planning Advisory Board and Board of
County Commissioners after completion of report on
incorporation and cormmmity councils (Ordinance
95 -209)
Planning Advisory Board holds public hearing and
makes recommendation to Board of County
Commissioners (Sec. 20-23, COMDC).
October 1996
November 1996
ABSCHED.SAM
Hon. Chairperson and Members
Board of County Commissioners
Page Two
Board of County Commissioners considers and acts on
proposed incorporation petition (Sec. 20-23, COMDC).
March 1997
It should be noted that the Board of County Commissioners' response to the pending
report of the Boundaries Commission may alter this schedule.
MEMORANDUM
T O: Honorable Chairperson and Members
Board of County Commissioners
FROM: Armand0 Vidal, P.E.
County Manager
DATE:
SUBJECT:
Incorporation Issues and
Transition Negotiations with
New Cities
Throughout the Board's deliberations on incorporation petitions and in my budget transmittal
message in the 1996-97 Proposed Budget we have raised a number of fiscal impact issues. This
memorandum serves to update the Board on several of these issues, specifically assumed cost
reductions and revenue losses associated with the two new cities, as well as the County's
negotiating position related to transitional service delivery in new cities, including the disposition
of the County's capital assets. These issues are addressed in light of Ordinance 95~175 approved
by the Board on October 5, 1995.
P~ropo~ed Bud~eXReductions Due to Incorporation of Aventura and Pinecrest
The proposed FY 1996-97 operating budget includes the following assumptions with regard to
Aventura and Pinecrest incorporations:
* $3 million reduction in the unincorporated area budget allocation to the Metro-Dude Police
Department (MDPD); 52 police officer positions have been left in MDPD's budget without
.... ' · contracting at least through their
general revenue funding m ant~ctpauon of the two.citrus
transitional stages with the County for police sermces
expenditure reduction of $166,000 in Public Works
* loss of certain utility rcvcnue
· loss of approximately $2.6 billion in property tax base and $5.5 railiion of ad valorem
revenue from Aventura
Negotiating Position Re,at--Transition of New Citie~
We have already been approached by and invoNed in several meetings with municipal
representatives from Pinecrest and Aventura concerning transition issues. A fundamental
premise we have accepted in these meetings is that once a city's charter is approved by its voters
and an elected body is in place, the new city is able to begin governing services to the
municipality but that the County does not wish to interrupt services during the transitional
period. The County assumes some responsibility for maintaining municipal services with
municipal revenue the County collects until such time as either the new city requests funding.
begins to collect its own revenue, or assumes service responsibility. As a practical matter, there
has to be a transition period to allow the new city to assume its full responsibilities.
Honorable Chairperson and Members
Board of County Commissioners
Page 2
It is understood that any policy discussion regarding the transition of services and revenues from
the County to new cities is governed by Board policy as adopted in Ordinance 95-175. This
ordinance establishes requirements that must be met by the County before any County service can
be provided by contract to a new city and provides, that if the requirements are met. the County
must recover the total costs of providing the requested service. The ordinance require a
certification that:
particular County departments have suflScient resources available to first meet all the
service needs of the remaining residents of unincorporated Dade County;
2. there is no service backlog in the provision of such particular services
3. the provision of the service to tile new city will not adversely affect the level of services
provided to the residents of unincorporated Dude County.
Given the significant unfunded needs in the uhincorporated area, I do not believe it is presently
possible for the applicable County departments to certify to these items and therefore Ordinance
95-175 appears to effectively prevent the County from contracting for services to new cities.
In light of the need to avoid service interruptions during the time new cities require to organize
separate services, some provision for service transition is needed.
Transitional Period
As a potential accommodation to the transition requirement, the County could agree to continue
providing municipal services to a newly incorporated city on a contractual basis for a specific time
period (e.g. up to one year) from the date the new city's charter was approved by its voters
· vithout the certification required by Ordinance 95-175. This will be regarded as the transitional
period. The negotiated services could be delivered at a level comparable to that the area was
receiving when it was part of unincorporated Dude County at a cost consistent with Section 2 of
Ordinance 95-175. These issues would need to be resolved and defined in an interlocal agreement
to be approved by the city and the County. In any event, the County could cease to provide
certain municipal services to the newly incorporated city agreed upon following the transition
period --unless all provisions of Ordinance 9%175 have been m~.
Rcvenu~
As discussed previously, a new city is legally entitled to municipal utility taxes from the date its
charter is approved. The County will typically continue to collect this revenue until the new city
enacts its own utility tax ordinance and the utilities modify their billing systems to isolate
customers according to the new municipal boundaries. These funds have been identified as the
source of revenue for providing requested advances to new cities for start up costs.
Honorable Chairperson and Members
Board of County Commissioners
page 3
In our negotiations with Aventura and Pinecrest related to advances for start up costs, we have
interpreted such advances as loans, pending County Commission decisions on revenues to be
allocated and the cost to be recovered for the value of services delivered to the new city during
the transitional period. Once such determinations are made, ifthere is more revenue allocated
than costs, the County will remit the balance due to the new city. If costs exceed revenue, the
County will expect to be repaid the calculated portion of the advance due. All cities are
elections limited to their electors; thus, these costs will have to be paid
responsible for paying for pnma~ and final elections of their mayor and councils. These costs will
by the new cities for their
also be considered in reconciling funds due to either party.
While it is clearly a Board policy determination, the Commission may wish to consider retaining
all Florida Power and Light (FPL) franchise revenue currently being collected pursuant to the
County's agreement with FPL from all unincorporated areas that form new cities. This will help
the remaining unincorporated area m½figate the substantial loss of other revenues without a
concomitant reduction of expenditures. It will maintain some of the fiscal equity that will be lost
when areas with substantially higher tax bases leave the unincorporated area by forming their own
that instance, the
cities. This position would differ from the decision on Key Biscayne. In
franchise revenue has been and continues to be allocated to the Village of Key Btscayne since tls
incorporation.
is our understanding that all unincorporated area ad valorem revenues collected by the County
Itof millage levied by the County Comrmssi°n in any fiscal year within a newly
as a result
incorporated area remain available to the unincorporated area and have not been outlined as
revenue we would recommend as available to new cities.
Subject to the Board's formal position, we have indicated that certain "municipal-tyPe" capital
located within thc boundaries of a new municipality may be
as~,ts owned by the Coumy and . .
available for conveyance to the new city at market value. These decisions would need to be made
on a case-by-case basis and consider, among other issues, the needs of the remaining
unincorporated area. Capital assets not desired by the city and not suitable for use by
unincorporated area residems may also be sold by the, County to other entities or retained for
future use. If the new city does wish to acquire, for example, a neighborhood park within its
boundaries, the County may also continue to ope[ate the park but establish a charge for city
residents use of the park and facilities or some other agreement that fairly recovers coumy costs
which afford a particular benefit to the ~ew city.
A summary policy decision matrix has been prepared and is attached to facilitate the Boards
discussion
Attachment
Policy Grid for Discussion of Transitional Financing to Newly Created Cities
. General Fund activi~
(pohce, pgks, public
works, 8caeroi
government)
. Proprielar)' aclivilY
Cg~nc rn! Revcauu:
.properiy Tax
. Pubtic Se~i~ (Utitily)
Taxes
, FPL Fr~ctmise F~es
Fully burdened from date
of in¢oq)oration will~ full
~st a~lysm update at
reven~
eslimale of fully lCharge only for value of No cha~g¢ for c~rtain
as o! initialtcoantY budget ~luc~ion Igfiud
Linked to serViCe
responsibili~ ~6
No county allocation if paRial{y allocate
cry does not le~/dite~ll! dei~nding onbudgel
cir~m~c~s
An)' county collections
from tricot'potation 4ate
appli~ fi~t to cost of
t balan~ ~cmitt~ to
unOt ciD' imams
CounD' to relmin
v~ue for lif~ of ~ing
N/A
Allocate pm.iai value
~lcp~nding on budget
,lincoln full estimated
limiled period
in advance of
indcpeoRcnt levy by
Allocate ful! value for
lhe. n count
f~e for life ~'
a~cemcnl
Allocate full ~timated
,.~luc until city I~,ies
independently .
Allocate kll value
mdcfinilely or tmtil uemv
a~eemcnts arc rc~c. hcd
and
Lo,ts
full cosl when
pro~7, tax available)
Ordinance No. 9S-175
implications for interim
advan~-s
Authod.D' to cities in
cc. 5.0'/of Rome Rule
:har~cr and Chapter
66.231. F.S.
~ec. 5.0"/and existing
:eunty agre~menl with
FPL
Page I of 2
Policy Grid for Discussion of Transitional Financing to Newly Created Czties
share~ saks mx,
rev~nee sharing
(]as Taxes
. CATV Franchise
available revenue
to direct state
disl~b~lion per
requi~emcnLS of stale law
Linfil cl~g~b~'lily to point
of [evenue sharing
eligibility
Cono~ retains u~61
municipal fee is imposed
nd n~w agreements
partial valUe
on budget
AJIocatc ftd. l value I'o!
eligibility
value [or
p~l~ed
f~ll value
Allocate ruli v~.uc until
, Wasee Collection
. Waste Disposal
· Planning,
Development and
Regulation
Stormwagr U~liLy
~:ision Lo perform
r~veoue to be
allocated c omlrae.,Rsurat e
wile service transition
Sh~tc ci'il¢na in Chapters
L8.23 and 218.63
nLe:local Agre~r~enl
wilh pre-existing cities
Existing agreements
Ordinance 96-30
r~q. uiring waste llow Io
Dafle Count)'
Page 2 of 2
PUBLIC NOTICE OF PROPOSED ORDINANCE
OF THE CITY OF AVENTURA
NOTICE IS HEREBY GIVEN that on Tuesday. the 4th day of June. 1996, at a
meeting of the City Council of the City of Aventura, to be held at 7:00 p.m. in the
Council Meeting Room at the Aventura Hospital Medical Arts Building, 21110
BiscayneBoulevard. Suite 101 Aventura. Florida, theCit) Councilwillconsiderthe
adoption of an Ordinance entitled:
AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA PROVIDING
FOR ADOPTION OF THE FIRST FISCAL YEAR BUDGET OF THE CITY
OF AVENTURA PURSUANTTO SECTION 8.05 OF THE CITY CH ARTER;
PROVIDING BUDGET FOR FISCAL YEAR COMMENCING ON NOVEM-
BER 7. 1995 AND ENDING ON SEPTEMBER 30. 1996; AUTHORIZING
EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET: PROVID-
iNG FOR BUDGETARY CONTROL: PROVIDING FOR PERSONNEL
AUTHORIZATION: PROVIDING FOR GIFTS AND GRANTS: PROVID-
ING FOR AMENDMENTS: PROVIDING FOR ENCUMBRANCES: PRO-
VIDING FOR ISSUANCE OF CHECKS. PROVIDING FOR POST AUDIT:
PROVIDING FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE
DATE.
The proposed Ordinance may be inspected by the public at the Office of the Acting
City Clerk at 2665 South Bayshore Drive~ Suite 204. Miami, the Aventura branch of
the Dade County Public Library at 2930 Aventura Boulevard, Aventura and at the
temporary offices of City Hall located at 2750 NE 187th Street, Aventura. Interested
parties may appear at the Public Hearing and be heard with respect to the proposed
Ordinance.
Any person wishing to address the City Council on an item at this Public Hearing
is asked to register with the Acting City Clerk prior to that item being heard. Prior to
making a statement, for the record, please state your name and address.
In accordance with the Americans with Disabilities Act of 1990, all p~rson§ who
are disabled and who need special accommodations to participate in this proceeding
because of that disability should contact Teresa Smith at Weiss Serota& Helfman,
854-0800 r.c,:. |a:.cr ~han :;-,-c, bte~ness~da~'~io~s~prc, c¢¢~ing~: -
If a person decides to appeal any decision made by the City Council, with reSl~Ct
to any matter considered at a meeting Or hearing, that person will need a record of the
proceedings and, for such_ purpose, m~.y need to ensure that a verbatim re~ord of the
proceedings is made, which record includes the testimony and evidence gi0on which
the appeal is to be based.
Dated this 22nd day of May, 1996. David M. Wolpin, Esq.
Weiss Serota &/Be~an, P.A.
City Attorn~y~
(305)
A FREE INDEPENDENT NEWSPAPER VOICE
YOUR HOMETOWN NEWSPAPER
PUBLISHED BY COMMUNITY NEWSPAPERS, INC.
PUBLISHED FRIDAY
MIAMI, DADE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
YAZMINE RAM/REZ who on oath says she is OFFICE MANAGER
of Legal Advertising of Your Hometown Newspaper, published
Friday at Miami in Dade County, Florida; that the attached copy
of advertisement, being a Legal Advertisement of Notice in the
Matter of ~ ---~-; /~
in the Court, was published in said news-
paper in the issue of
Affiant further says that the said Your Hometown Newspaper
published at Miami in said Dada County, Florida, and that the
newspaper has heretofore been continuously published in said
Dada County, Florida, and has been entered as second class
mail matter at the post office in Miami, Florida, Dada County,
and additional mailing offices, for a period of one year next
preceding the first publication of the attached copy of adver-
tisement; and affiant further says that she has neither paid not
promised any person, firm or corporation any rebate, commis-
sion or refund for the purpose of securing this advertisement
for publication in the said newspaper.
PROOF OF PUBLICATION -.
Sworn ? and substSribed befo,%o me this
dayof P/ 4(?7
JESUS TOLEDO
(PHnt or type or 8tamp commissioned name o[;N~ary PUblic)
~ O.~.~,.~_d~.. JESUS C TOLEDO
My Oommission
Expires:
Your Homatow~ Newspaper
Published by Community Newspapers
6796 S.W. 62nd Avenue
South Miami, Florida 33143
669-7355