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11-02-1999 CC Meeting AgendaCity Commission Arthur I. Snyder, Mayor Arthur Berger Jay R. Beskin Ken Cohen City Manager Eric M. Soroka City Clerk Teresa M. Soroka, CMC/AAE Harry Holzberg City Attorney Jeffrey M. Perlow Weiss Scrota Helfrnan Patricia Rogers-Libert Pastoriza & Guedes AGENDA November 2,1999- 6 PM Biscayne Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 CALL TO ORDER\ROLL CALL PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Commission, and if you wish to address the Commission, you may be subject to cross-examination. If you refuse to submit to cross-examination, the Commission will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR CITY NATIONAL BANK OF FLORIDA, LOCATED AT 2875 NE 191 STREET, TO ALLOW TWO WALL SIGNS, EACH 656 SQUARE FEET IN AREA ON THE NORTH AND SOUTH ELEVATIONS WHERE ONLY ONE WALL SIGN OF 160 SQUARE FEET IN AREA IS ALLOWED; APPROVING A SIGN VARIANCE TO PERMIT TWO WALL SIGNS TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLINE; PROVIDING AN EFFECTIVE DATE. (It is anticipated that this item will be deferred) 4. APPROVAL OF MINUTES: Commission Meeting October 5, 1999 5. AGENDA: Request for Deletions/Emergency Additions SPECIAL PRESENTATIONS: Certificate of Appointmem to Recreation and Cultural Arts Advisory Board New Member Barbara Brighton U.S. Flag (Commissioner Cohen) 7. CONSENT AGENDA: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-9-28-2, BISCAYNE FOUR MEDIANS//RIGHT-OF-WAY MAINTENANCE, TO LUKES' LANDSCAPING, INC., AT THE BID PRICE OF $77,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND F. XPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes bid award to Luke's Landscaping for maintenance of landscaped areas, bus shelters, benches and trash receptacles located in the Biscayne Phase Four medians) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF DEDICATION OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST 34m AVENUE: AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. (Accepts dedication ora portion of the right-of-way for NE 34t~ Avenue to City) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-5-21-2, NE 191 ST/NE 29 AVE/NE 187 ST LANDSCAPE IMPROVEMENTS, TO VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $119,897.75. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT 2 ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bid for NE 191~t Street and NE 187th Street landscaping improvemems) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.62 FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF THE FOUNDERS PARK OUTDOOR STAGE/BANDSTAND BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A. FOR THE AMOUNT OF $31,820; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute Work Authorization for professional engineering services for design and construction of Founders Park outdoor stage/bandstand) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 99-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1999/2000 FISCAL YEAR BY REVISING THE 1999/2000 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. (Amends budget to re-appropriate ongoing capital projects funding bom prior fiscal year and includes grant positions for Police Department) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING TIlE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.65 FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF WATERWAYS PARK IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A. FOR THE AMOUNT OF $25,300; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute Work Authorization for design and construction of Waterways Park improvemcms) 3 Ge MOTION TO REJECT ALL BIDS TENDERED FOR BID NO. 99-9- 24-2 COLORED FILTER LENSES FOR UPLIGHTS ON AVENTURA BLVD. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF DEDICATION OF PRIVATE ROAD RIGHT OF WAY FOR YACHT CLUB WAY IN THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. (Accepts dedication of Yacht Club Way from Country Club Drive to Tumberry Way in accordance with City's Private Road Conversion Program) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 1999-10-13-01 FOR PROFESSIONAL DESIGN SERVICES FOR NE 34TM AVENUE STREET LIGHTING IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND C.A.P. ENGINEERING CONSULTANTS, INC.; AUTHORIZING CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Work Authorization for street lighting improvements on NE 34th Avenue from NE 207th Street north and east to Golden Point) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE NEIGHBORHOOD PARKS INTEREST EARNINGS GRANT APPLICATION AS DESCRIBED IN EXHIBIT "A" BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT IN THE AMOUNT OF NINETY EIGHT THOUSAND SEVEN HUNDRED TEN DOLLARS ($98,710.00) FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM; AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes grant application from Safe Neighborhood Parks Bond Program in the amount of $98,710 for Founders Park improvements) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 4 FISCAL YEAR BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. (Final budget amendment for fiscal year 1998/99) 8. PUBLIC HEARING: ORDINANCES - FIRST READING: None 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None. RESOLUTIONS: None. OTHER BUSINESS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING OPPOSITION TO THE INTERNET TAX FREEDOM ACT AND ANY ENACTMENTS WHICH WOULD PRE-EMPT LOCAL TAXES AND/OR FEES ON INTERNET COMMERCE; AND PROVIDING AN EFFECTIVE DATE. (Commissioner Rogers-Libert) ~ 2. REPORTS 13. PUBLIC COMMENTS ~4. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: Commission Workshop Meeting November 23, 1999 Commission Meeting January 4, 2000 6 p.m.** *Government Center 2999 NE 191~t Street Suite 500 **Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite ifil This meeting is open tu the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191~ Street. Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. ~IIcHAEL J. $~',rDE~. p, A. October 21, 1999 V FACSIMILE Ti~ $SZON MS. Brenda Kelley City of Aventura Community Development Department 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 Re: City National Ba2k of Florida Application for Sign Variance Dear Brendai RECEIVED OCT 2 2 1999 Pursuant to my telephone conversation with you this morning, I am respectfully requesting another deferral in the above- referenced matter. I am aware of the fact that there may not be a City Commission meeting in December. Thank you for your understanding. Should you have any questions, please do not hesitate to contact this office. Thank you. Thank you. MICHAEL~J. SNYDER, ESQ. MJS~tlh CITY COMMISSION MEETING Aventura Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R~ Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. Teri Holzberg led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearings were sworn in by the City Clerk. A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A REQUEST FOR VARIANCE FROM SECTION 505.2.1 OF THE CITY'S LAND DEVELOPMENT REGULATIONS WHICH PROHIBITS TEMPORARY SALES OFFICES AND MODEL HOMES AT THE PROPERTY KNOWN AS ATLAS TERMINAL SITE WITHOUT AN APPROVED SITE PLAN FOR THE PERMANENT USE WHICH IT IS INTENDED TO SERVE; PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. A motion for approval of the resolution was offered by Commissioner Holzberg and seconded by Commissioner Berger. Mayor Snyder opened the public hearing. The following individual(s) addressed the Commission: Stanley Price, Esq., representing the applicant; Emilio Fuster, applicant's Landscape Architect; Brian Street, 760 Coquino Way, Boca Raton, applicant; Heschi Walenski, Courtyards of Aventura; and Phil Hersh, Waterview. There being no further speakers, the public hearing was closed. An amendment was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Cohen that approval of the resolution be subject to a sales office and model home installation and removal agreement approved by the City Attorney which provides that installation may be made but a C.O. will not be issued nor the sales trailer opened prior to site plan approval; applicant to post a $50,000 removal bond and a Whereas clause that the applicant has made application for vested rights approval. The amendment passed, 5-2, with Commissioner Berger and Mayor Snyder voting no. The motion for approval of the resolution, as amended, passed 5-2, with Commissioner Berger and Mayor Snyder voting no and Resolution No. 99-51 was adopted. B. Mr. Wotpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A REQUEST FOR VARIANCE FROM SECTION 505.2.1 OF THE CITY'S LAND DEVELOPMENT REGULATIONS WHICH PROHIBITS TEMPORARY SALES OFFICES AND MODEL HOMES AT THE PROPERTY KNOWN AS THE HAMPTONS SOUTH SITE WITHOUT AN APPROVED SITE PLAN FOR THE PERMANENT USE WHICH IT IS INTENDED TO SERVE; PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. A motion for approval of the resolution was offered by Commissioner Holzberg and seconded by Commissioner Cohen. Mayor Snyder opened the public hearing. The following individual(s) addressed the Commission: Mr. Price, representing the applicant. Mr. Price requested that his testimony from the previous public hearing of the Atlas Terminal site be incorporated into this public hearing. Other individuals addressing the Commission included: Harvey Burke, Waterview; Leonard Olikur, Terraces at Tumberry; Bernard Weinstein, Terraces at Turnberry; Mr. Hersh; Barry Kaplan, the Terraces at Turnberry; Mr. __ (did not give name) resident of Terraces at Turnberry. There being no further speakers, the public hearing was closed. Vice Mayor Rogers-Libert moved, and Commissioner Cohen seconded that the amendments approved in the previous public hearing approval be included as conditions to this resolution. The amendment passed, 5-2, with Commissioner Berger and Mayor Snyder voting no. The motion for approval of the resolution, as amended, passed, 5-2, with Commissioner Berger and Mayor Snyder voting no and Resolution No. 99-52 was adopted. C. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR CITY NATIONAL BANK OF FLORIDA, LOCATED AT 2875 NE 191 STREET, 2 TO ALLOW TWO WALL SIGNS, EACH 656 SQUARE FEET IN AREA ON THE NORTH AND SOUTH ELEVATIONS WHERE ONLY ONE WALL SIGN OF 160 SQUARE FEET IN AREA IS ALLOWED; APPROVING A SIGN VARIANCE TO PERMIT TWO WALL SIGNS TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLINE; PROVIDING AN EFFECTIVE DATE. At the request of the applicant, a motion to continue this matter to the November 2, 1999 Commission meeting was offered by Commissioner Perlow, seconded by Commissioner Holzberg and unanimously passed, 6-0, with Mayor Snyder absent from the room. D. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA UPHOLDING AN ADMINISTRATIVE MINOR SITE PLAN REVISION FOR PROPERTY LOCATED AT 275'1 NE 183 STREET; PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. A motion for approval of the resolution was offered by Commissioner Beskin and seconded by Commissioner Cohen. Mayor Snyder opened the public hearing. The following individual(s) addressed the Commission: Dr. Marie DiCowden, 2785 NE 183rd Street; Mr. Pdce; and Lisa Kaplan, Terraces at Tumberry. There being no further speakers, the public hearing was closed. After lengthy discussion, the motion for approval of the resolution passed, 6-1, with Mayor Snyder voting no and Resolution No. 99-53 was adopted. E. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR DIM WATERWAYS, LP (SHOPPES AT THE WATERWAYS), TO ALLOW AN EXISTING MONUMENT SIGN THAT IS 66 SQUARE FEET IN AREA WHERE CITY CODE ALLOWS MONUMENT SIGNS TO BE A MAXIMUM OF 48 SQUARE FEET IN AREA; APPROVING A SIGN VARIANCE TO ALLOW SAID SIGN TO CONTINUE TO BE LOCATED OFF THE PREMISES OF THE SHOPPING CENTER AT THE NORTHEAST CORNER OF BISCAYNE BOULEVARD AND NE 207 STREET, WHERE NO OFF-PREMISE SIGNS ARE ALLOWED BY CODE; APPROVING A SIGN VARIANCE TO ALLOW A MONUMENT SIGN TO BE LOCATED APPROXIMATELY 85 FEET FROM ANOTHER 3 MONUMENT SIGN WHERE THE CITY'S SIGN CODE REQUIRES A MINIMUM SPACING OF 200 FEET; PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. A motion for approval of the resolution was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Cohen. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. An amendment was offered by Commissioner Perlow, seconded by Vice Mayor Rogers-Libert and unanimously passed that a VVhereas clause be added to the Resolution providing that City Commission finds that the unique location of this shopping center places merchants at this location at a competitive disadvantage to other retail centers located on Biscayne Boulevard. An amendment was offered by Commissioner Perlow, seconded by Vice Mayor Rogers-Libert and unanimously passed to provide that applicant assume full responsibility for maintenance of sign. The motion for approval of the resolution, as amended, passed unanimously and Resolution No. 99-54 was adopted. SELECTION OF VICE MAYOR. A motion to appoint Commissioner Arthur Berger to serve as Vice Mayor was offered by Vice Mayor Rogers-Libert seconded by Commissioner Cohen and unanimously passed. APPROVAL OF MINUTES: A motion to approve the minutes of the September 7, 1999 Commission Meeting, the September 9, 1999 Budget Meeting, the September 23, 1999 Budget Meeting and the September 29, 1999 Workshop Meeting was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Commissioner Rogers-Libert requested that the minutes of the September 29, 1999 minutes be amended to eliminate reference to the Florida Insurance Trust Fund as a Committee and Commissioner Perlow requested that paragraph 5 be amended to clarify that the comparison is between the current BellSouth Franchise with the ordinance presently proposed. The motion for approval, as amended, passed unanimously. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. SPECIAL PRESENTATIONS: Mayor Snyder presented a Certificate of Appointment to newly-appointed Recreation and Cultural Arts Advisory Board member Patricia Crook. CONSENTAGENDA: 4 A motion to approve the Consent Agenda was offered by Commissioner Rogers- Libert, seconded by Commissioner Cohen, unanimously passed and the following action was taken: A. Resolution No. 99-55 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND SIXTH AMENDED FINAL PLAT SECTION '10, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. B. Resolution No. 99-56 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER NO. I FOR AVENTURA GOVERNMENT CENTER BY AND BETWEEN THE CITY AND JAMES A. CUMMINGS, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 99-57 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI DADE COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 99-58 was adopted as follows: A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN POINT EAST CONDOMINIUM ASSOCIATIONS AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT 5 THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARING: ORDINANCES - FIRST READING: None. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 33 "PARKS AND RECREATION" BY CREATING SECTION 33-2 "PARKS AND RECREATION USER FEES"; AUTHORIZING USER FEES TO BE PROVIDED FOR PARKS AND RECREATION FACILITIES, LEAGUES, ACTIVITIES AND PROGRAMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Mayor Snyder opened the public hearing. Thero being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 99-14 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE NO. 99-09, BY AMENDING SECTION 1205 ENTITLED "REPAIR OR RECONSTRUCTION OF NONCONFORMING STRUCTURE", AMENDING PARAGRAPH '1205.4.2 CONCERNING COMMERCIALLY DEVELOPED PROPERTIES, PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Berger. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Clifford Schulman, Esq., 1221 Bdckell Avenue; and George Berlin, Turnberry & Associates. There being further no speakers, the public hearing was closed. An amendment was offered by Vice Mayor Berger and seconded by Commissioner Beskin to provide that re-building conform to then-current parking requirements. The amendment failed, 3-4, with Commissioners Beskin, Rogers-Libert and Vice Mayor Berger voting yes and Mayor Snyder and Commissioners Cohen, Holzberg and Perlow voting no. An amendment was offered by Commissioner Perlow, seconded by Commissioner 6 Holzberg and unanimously passed to provide that paragraph 1205.4.2 shall not be applicable to sign structures. The motion for approval passed 5-2 by roll call vote, with Commissioners Beskin and Rogers-Libert voting no and Ordinance No. 99-15 was enacted. t0. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. REPORTS: None. 13. PUBLIC COMMENTS: The following individual addressed the Commission: Julie Israel, Villa Dorada. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:35 p.m. Teresa M. Soroka, CMC/AAE City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission 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. 7 TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM City Commission .M~J Eric M. Soroka, ~,f ~o ~ Robert M. Shern~n f Community Serv October 14, 1999 Bid No. 99-9-28-2, Biscayne Four Medians/Right-of-Way Maintenance November 2, 1999 City Commission Meeting Agenda Item Recommendation The City Commission adopt the attached Resolution awarding Bid No. 99-9-28-2 Biscayne Four Medians/Right-of-Way Maintenance to the lowest responsible and responsive bidder, Luke's Landscaping, Inc. for the price of $77,000. Backqround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on September 28, 1999. All contract specifications ware reviewad by the Finance Support Services Director, City Attorney and Landscape Architect prior to advertising for bids1 In efforts to obtain the lowest prices, this bid was offered for an initial one-year term, with the City retaining the sole option to renew the bid for two additional one-year terms. This bid specified the daily maintenance of landscaped areas, bus shelters, benches and trash receptacles located in the Biscayne Boulevard median and right-of- ways. In addition, the successful bidder must agree to provide the City with 24-hour emergency services ranging from clearing roadways to providing hurricane clean up and recovery service. The successful bidder was required to own certain equipment necessary to maintain the medians and right-of-ways to the Florida Department of Transportation standards. City Commission October 14, 1999 Page Two Pursuant to the City Commission's request, this bid required the bidder to establish a storage compound within sixty days of the bid award inside the following geographic area instead of the City limits: South Boundary: West Boundary: North Boundary: NE 151~t Street 1-95 Pembroke Road The bid wes mailed to fourteen vendors as detailed in the attachments. Attendance was required at a pre-bid conference, which wes held on September 21, 1999 to familiarize the bidders with bidding requirements, ask questions, and to give all bidders the opportunity to tour the areas contained in the bid. Ten bidders attended the pre-bid conference. They were: Viia and Son, Inc. Country Bill's Lawn Care South Florida Main. Svc. Everglades Environmental Care Pios and Son's, inc. U.S. Lawns, Inc. Recio & Associates Luke's Landscaping, Inc. Nanek's Landscaping Miami Green Landscaping Services Out of the ten perspective bidders, the City received qualified bids from three bidders. They were Nanak's Landscaping, Vila and Son and Luke's Landscaping, Inc. They were as follows: Luke's Landscaping $77,000 Vila and Son 85,000 Nanek's Landscaping 139,380 Luke's Landscaping, Inc. has been the City's landscape maintenance contractor since November 1996. Their financial statements are on record with the City, and they have successfully completed a police background check. Luke's Landscaping complies with all requirements of Bid No. 99-9-28-2 and is the lowest responsible and responsive bidder for all areas covered by the bid. Based on the information contained herein, I recommend Luke's Landscaping, Inc. be awerded the contract at a total cost of $77,000 per year. RMS/gf Attachments RMS99105 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-9-28-2, BISCAYNE FOUR MEDIANS#RIGHT-OF-WAY MAINTENANCE, TO LUKES' LANDSCAPING, INC., AT THE BID PRICE OF $77,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 99-9-28-2, BISCAYNE FOUR MEDIANS/RIGHT-OF-WAY MAINTENANCE; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Luke's' Landscaping, Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 99-9-28-2 PARKS/MEDIANS/RIGHT- OF-WAY MAINTENANCE, is hereby awarded to Luke's Landscaping, Inc., in the amount of $77,000. Resolution No. Page 2 Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the General Fund Line Item No. 001-5001-539-3450. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by The motion was seconded by vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder , who moved its adoption. and upon being put to a vote, the Resolution No. Page 3 PASSED AND ADOPTED this day of ,1999. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SOROKA CMC, AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY BISCAYNE FOUR MEDIAN/RIGHT-OF-WAY MAINTENANCE LOCA~ONS Bid No. 99-9-28-2 Page No. 27 Six month Six month cost for cost for Total cost Cost per ITEM RIGHT OF WAY Maintenance Maintenance Per additional # LOCATION Apr-Sept Oct-Mar 12 months cuts Row Miami Gardens Drive 1 :South to Aventura City limits $45,500. $31,500. $77,000. $ FREE TOTAL BiD FOR BIsCAyNE FoUR , MEDiANS~i~HT_oF.wAY MAIN~NANCE UNIT PRICES UNIT PRICE Each 2 Seasonal Color Replacement, 4 1/2" pot, full Planted $ 1.20 Coconut Palm Per Palm 3 OTC Injections Per Injection $ 14.00 Per 4 Merrit Soil Drench Applicetioo $ He - ee- lO.OO Per 5 Cygon Foliar Spray Application $ 14.0 0 Per 6 Irrigation Repair Technician Hour $ 3 5.0 0 Solid St. Augustine Per 7 Floratam Sod in place Square $ .35 per foot Ior lawn repair Foot Per 8 Cypress Bark Mulch 100 Cu. Yd. $ 3,0 0 0.0 0 In Place 9 One Landscape Laborer Per Hour 8:00 am - 4:30 pm, Mon-Fri = $ 18.0 0 Per Hour for all other times = $ 2 7.0 0 10 Phoenix Dactilifera Maintenance Per palm $ 1 2 0.00 Per Year 500 Sq. Ft. Palette of St. Augustine 11 "Floratam" sod delivered and installed Per $ 1 7 5.0 0 per City directions Palette 12 One Small Equipment Operator Per Hour 8:00 am - 4:30 pm, Mon-Fri = $ 3 5.00 for Skidsteer Loader (Bobcat) Per Hour for all other times = $ 5 0.0 0 BISCAYNE FOUR MEDIAN/RIGHT.OF-WAY MAINTENANCE Bid No. 99~9~28-2 Page No. 28 13 One Landscape Foreman Per Hour 8:00 am - 4:30 pm, Mon-Fri = $ 2 7.50 Per Hour for atl other times = $ 41.25 14 One Irrigation Laborer Per Hour 8:00 am - 4:30 pm, Mon-Fri = $ 1 $. 00 Per Hour for all other times = $ 27.00 Per Hour = $ 50.00 15 One Front-End loader with Backhoe Per day = $ 400.00 including Operator Per Week = $ 1,600.00 Per Month = $ 4,800.00 Per Hour = $ 35.00 16 One min. 15,000 GVM Dump Truck Per day = $ 280.00 with Operator Per Week = $ 1,600.00 Per Month = $ 4,8{)0.00 Rate for (1) water tank, min. Per day = $ 150.00 17 500 gal. capacity, with pump Per Week = $ 7 S 0.00 and hose reel Per Month = $ 3,000.00 BIDDERSNAME:[,uke Faca~:azzo COMPANYNAME~ukes' ~,andscaping, Inc. MAILING LIST FOR BISCAYNE 4 MAINTENANCE SERVICES NEWCO GROUP ATT: JOSE I. NAVARETTE, JR. 5800 SW 177 STREET SUITE 106 MIAMI, FL 33193 ARAZOZA BROTHERS, CORP. ATT: ALBERT ARAZOZA PO BOX 924890 HOMESTEAD, FL 33092 LAND DESIGN SYSTEMS (LDS) ATT: KEVIN M. HUNT PO BOX 93-4396 MARGATE, FL 33093 JULEP LAWN AND LANDSCAPE MAINTENANCE ATT: DOROTHY BROWN 17000 NW 67 AVENUE, #402 MIAMI, FL 33015 US LAWNS ATT: TONY ROLLINS 11240 INTERCHANGE CIRCLE NORTH MIRAMAR, FL 33025 THE CONTINENETAL GROUP, LTD. ATT: GENE GOMBERG 2950 N 28 TERRACE HOLLYWOOD, FL 33020 US GROUNDS, INC. ATT: ROBERT V. ROSENWASSER 17231 NW MIAMI COURT NORTH MIAMI BEACH, FL 33169 RECIO & ASSOCIATES, INC. ATT: ALEX MENENDEZ 8053 NW 64 STREET MIAMI, FL 33166 ALL GREEN GROWER & LANDSCAPER ATT: NICK FLACONE 21300 SW356 STREET FLORIDA CITY, FL 33034 SOUTH FLORIDA MAINTENANCE SERVICES, INC. ATT: CHRISTIAN INFANTE 8221 NW 54 STREET MIAMI, FL 33166 COUNTRY BILL'S LAWN CARE INC. ATT: JOHN W. ALLRED, JR. 13363 NE 16 AVENUE NORTH MIAMI, FL 33161 GROWING FIELDS ATT: RICHARD NAMON 900 K. CONSTITUTION DR. HOMESTEAD, FL 33034 LANDING'S NURSERY, INC. ATT: ALI SULEIMAN 17795 SW 158 STREET MIAMI, FL 33187 MIAMI GREEN COMMERCIAL LANDSCAPING ATT: ODALYS ESTUPINAN 943-A SW 87 AVENUE MIAMI, FL 33174 CITY OF AVENTURA BID NO. 99-9-28-2 (BISCAYNE FOUR MEDIANS/RIGHT-OF-WAY MAINTENANCE ) _S GN IN SHEET FOR MANDATORY PRE-BID CONFERENCI- DATE: SEPTEMBER 21, 1999 TIME_: 10:00 A.M. LOCATION: 2999 N.E. 191st STREET, SUITE 500 AVENTURA, FL 33180 Name of Person Name of Person Comoany Ad_.d~._~_=~%S_ Phone # Fax # (Signature) (Print) - (City/Zip Code) (Area Code) (Area Code) CITY OF AVENTURA BID NO. 99-9-28-2 (BISCAYNE FOUR MEDIANS/RIGHT-OF-WAY MAINTENANCE ) SIGN IN SHEET FOR MANDATORY PRE-BID CONFERENCE SEPTEMBER 21, 1999 10:00 A.M. ~T!ON_: 2999 N.E. 191st STREET, SUITE 500 AVENTURA, FL 33180 Name of Person Name of Person Comoanv Address Phone # Fax # (Signature) (Print) // (City/Zip Code) (Area Code) (Area Code) ~' ~, . ,I. ~' . CITY OF AVENTURA CITY MANAGER'S OFFICE TO: FROM: BY: DATE: SUBJECT: MEMORANDUM City Commissio[!~] Eric M. Soroka, Antonio F. Tomei 'ects Manager October 13, 1999 NE 34th Avenue - Right of-Way Dedication November 2, 1999 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution allowing for a portion of private property to be dedicated to the City of Aventura from Trafalgar Associates of Aventura, Ltd. due to encroachment of said private property into the NE 34th Avenue public right-of-way. Backg round Use of private property was required to provide a proper design for connection of the eastbound lanes of Northeast 213th Street to the southbound lanes of Northeast 34th Avenue. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF DEDICATION OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST 34TM AVENUE: AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the developers and owners of property adjoining a portion of a public roadway construction planned for Northeast 34th Avenue, have expressed an interest in dedicating private property to constitute a portion of Northeast 34th Avenue as a public road. WHEREAS, the City Commission finds that it is appropriate and in the best interest of the public to facilitate the dedication of this portion of private property to be incorporated within the Northeast 34th Avenue right of way, and to accept the dedication; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1: That the right of way dedication, as reflected on the attached right- of-way deed from Trafalgar Associates of Aventura, Ltd. is hereby accepted and the City Manager is hereby authorized to cause such right-of-way deed to be recorded in the Official Records of Miami-Dade County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency of the Dedication and instrument of conveyance. Resolution No. Page 2 Section 2: That the City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 3: That this Resolution shall be effective immediately upon adoption hereof. The foregoing resolution was offered by . adoption. The motion was seconded by vote, the vote was as follows: , who moved its and upon being put to a Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M, Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 2nd day of November, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Return to: Right of Way Division CITY OF AVENTURA PUBLIC WORKS DEPARTMENT 2999 NE 191st Street Aventura, Florida 33180 Prepared by: Ramon R. Cacicedo, Jr., Esq. WESTWOOD NATIONAL TITLE COMPANY 6505 Blue Lagoon Drive, Suite 240 Miami, Florida 33126-6001 Parcel ID#: RIGHT OF WAY DEED TO CITY OF AVENTURA CONVEYS THE TITLE FOR HIGHWAY PURPOSES THIS iNDENTURE, made this 7th day of October, 1999 by and between Trafalgar Associates of Aventura, Ltd., a Florida limited parmership ("Grantor") of 20795 NE 30 Avenue, Aventura, Florida 33180, and the CITY OF AVENTURA ("City") a body Corporate and a Political Subdivision of the State of Florida, and its successors in interest, whose Post Office address is 2999 NE 191~t Street, Aventura, Florida 33180, party of the second part, WITNESSETH: The Grantor for and in consideration of the sum of One ($1.00) Dollar, in hand paid by the City, the receipt whereof is hereby acknowledged, and for other and further good and valuable considerations, does hereby grant, bargain and sell to the City, and its successors in interest, for the purpose of a public highway and purposes incidental thereto, all the right, title, interest, claim and demand of Grantor, in and to the following described land, situate, lying and being in the County of Miami-Dade, State of Florida, to-wit: See Exhibit "A" attached hereto It is the intention of Grantor, by this instrument, to convey to the City, and its successors in interest, the land above described for use as a public highway and for all purposes incidental thereto. It is expressly provided that if and when the said highway shall be lawfully and permanently discontinued, the title to the said above described land shall immediately revert to Grantor, its successors and assigns, and they shall have the right to immediately re-possess the same. And Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever, claiming by, through, or under Grantor. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal, the day and year above written. Trafalgar Associates of Aventura, Ltd., a Florida limited partnership Witnesses: Ramon R. Cacicedo, Jr. By: By: Trafalgar Associates of Aventura, Inc., a Florida corporation, its General Partner mseHg{'nanefez'~ice President ~': .... ' -~ [Corporate Seal] ; State of Florida ) County of Miami-Dade ) The foregoing instrument was acknowledged before me this 7th day of October, 1999 by Gus Hemandez, as Vice President of Trafalgar Associates of Aventura, Inc., a Florida corporation, the General Partner of Trafalgar Associates of Aventura, Ltd., a Florida limited partnership, on behalf of the corporation and the parmership, who is personally known to me and who did not take an oath. I~ CC 861361 -Notary Public, State ~f l~lori~a ' The foregoing was accepted and approved on the day of Resolution No. of the City Commission of the City of Aventura, Florida. ,1999 by ATTEST: Clerk of said Commission City Manager Print name: Eric M. Soroka By: City Clerk Print name: Teresa M. Soroka C.C.L CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · ENVIRONMENTAL CONSULTANTS (954) 974-2200 (407) 660-2120 (505) 448-8955 SCALE: 1"=50' ~ ~~ P.O.B.  ~- NORTHEAST CORN TRACT "L" t,t.---E. 2'~ 5't~ NOR'R'IERLY BO TRACT "L" 6=09'09'31" N58'09'18"E RADIAL B. 155, PG. 8, D.C.R.) LEGEND: R-- RADIUS L= ARC DISTANCE A= CENTRAL ANGLE ORB:OFFICIAL RECORDS BOOK P.B. = PLAT BOOK PC, = PAGE D,C,R. = DADE COUNTY RECORDS P.O.B.-- POINT OF BEGINING P.O~C~= POINT OF COMMENCEMENT REVISIONS OAT([ R= 246.42'L=116,71 6=27'08'13" P.O.C. EAST UNE 54-51-42 N88'01 RADIAL EASTERLY BOUNDARY S88'00'57"W TRACT "L" 10.00' BY (SKETCH AND LEGAL ONLY NOT A SURVEY) DATE: ORAWN CHECKED I FIELD BOOK 08/13/99 BY RJLK BY JAH N/A C,C.L CONSULTANTS INC. ENGINEERS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS · ENVIRONMENTAL CONSULTANTS (954) 974-2200 (407) 660-2120 (505) 448-8955 o/ DaP; COU,TV ,,~ ,.y~ '/ THIS DESCRIPTION LOCATION SKETCH NOT TO SCALE ..c. ~o7 r. ST.EE~ LEGAL DESCRIPTION: ADDITIONAL RIGHT-OF-WAY DEDICATION A portion of Troct "L", AVENTURA LAKES - PHASE I, occording to the Plot thereof, os recorded in Plot Book 15.3, ot Page 8, of the Public Records of Miomi-Dode County, Florido, described os follows: COMMENCING at the Northeast corner of Section 54, Township 51 South, Ronge 42 Eost; Thence South 01'59'05" Eost, olong the Eost line of soid Section 54, o distonce of 709.14 feet; Thence South 88'00'57" West, o distonce of 40.00 feet to the Northeost corner of soid Troct "L" ond the POINT OF BEGINNING; Thence South 01'59'05" Eost, olong the Eosterly boundory of sold Troct "L", o distonce of 115~41 feet; Thence South 88'00'57" West, o distance of 10.00 feet to the beginning of a non-tongent curve concove to the Southwest hoving o rodius of 246.42 feet, a centrol ongle of 27'08'1.3", Grid to sold paint o rodiol line beors North 88'01'54" Eost; Thence Northwesterly, olong the orc of said curve for o distance of 116.71 feet to the beginning of a non-tongent curve concave to the Southwest having o rodius of 25.00 feet, o centrol ongle of 09'09'.31", ond to sold point a rodio[ line beors North 58'09'18" Eost; Thence Northwesterly, along the orc of sold curve for o distonce of 4.00 feet to the Northerly boundory of sold Tract "L"; Thence North 88'26'0.3" Eost, olong sold Northerly boundory, o distonce of 59.35 feet to the POINT OF BEGINNING. Said lands lying and situate in the City of Aventura, Miami-Dade County, Florida. Subject to existing easements, rights-of-way, covenants, restictions and reservations, of record, if any, Said lands contain 2,235 square feet/ 0.05 acres, more or less, NOTES: (SKETCH AND LEGAL ONLY NOT A SURVEY) 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED 4, BEARINGS ARE BASED ON THE NORTHERLY BOUNDARY OF TRACT SEAL OF A FLORIDA LICENSEO SURVEYOR ANO MAPPER THIS "L", AS SHOWN ON THE PLAT OF, AVENTURA LAKES - PHASE [. DRAWING. SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PLAT BOOK 15.3, PAGE S, MIAMI-DADE COUNTY RECORDS. SAID PURPOSES ONLY AND IS NOT VALID. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT mITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. LANOS SHOWN HEREON WERE NOT ABSTRACTED BY CCL CONSULTANTS INC.FOR EASEMENTS AND RIGHTS-OF-WAY OF RECORD, NORTHERLY BOUNOARY IS SHOWN TO BEAR NORTH S8°26'05'' EAST. S. CCL CONSULTANTS, INC'S CERTIFICATE OF AUTHORIZATION NO, 5610, IS ISSUED BY THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CERTIFICATION: DATA SHOWN HEREON WAS COMPILED FROM OTHER I HEREBY CERTIFY that the ~tt0ched Sketch ~nd Oescription is true RVEY and correct to the best ot ny k:r~p~wledge and helps! and that it INSTRUMENTS AND DOES NOT CONSTITUTE A FIELD SU meets the Minimum Technical StarbOards =~t forth ,~.y the Florida AS SUCH. Board of Professionol Surveyors A d Moppers in Cho,~ter SlG17-6, Florida Administ~oti Code, REVISIONS DATE BY CCL ConsuRon t ~ O~MES A. HAM'LTO~, Professional 5~r.y~¥or and MopPer NO, 5406, Stole of Florido DATE: DRAWN CHECKED FIELD 08/1,3/99 BY RLJK BY Jah BOOK N/A CITY OF AVENTURA CITY MANAGER'S OFFICE TO: FROM: BY: DATE: SUBJECT: MEMORANDUM City Commission Eric M. Soroka, Ciy/~a~r AMn~i~, i;~mei' ~ects Manager Bid No. 99-5-21-2, NE 191 ST/NE 29 Ave/NE 187 ST Landscape Improvements November 2, 1999 Commission Meeting Agenda Item 7C Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 99-5-21-2, NE 191 ST/NE 29 Ave/NE 187 ST Landscape Improvements to the lowest responsible and responsive bidder, Vila and Son Landscaping Corporation for the price of $119,897.75. This project is included in the Capital Improvements Program. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited and advertised. The City received two (2) bids for this project together with a letter from a third indicating they chose not to submit. The bids submitted are as follows: Vila & Son Landscaping Corp. Lukes' Landscaping, Inc. Arazoza Brothers Corp. $119,897.75 $127,263.45 (No Bid) This bid price provides for the construction of landscaping and irrigation improvements within the medians of NE 191 ST, NE 29 Ave and NE 187 ST. Improvements include placement of 20-ft. height Foxtail Palms together with green and flowering ground cover. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-5-21-2, NE 191 ST/NE 29 AVE/NE 187 ST LANDSCAPE IMPROVEMENTS, TO VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $119,897.75. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has. pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 99-5-21-2, Vila & Son Landscaping Corporation; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS. staff has determined that Vila & Son Landscaping Corporation, has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Resolution No. Page 2 Section 1: That bid/contract for BID NO. 99-5-21-2, NE 191 ST/NE 29 Ave/NE 187 ST Landscape Improvements, is hereby awarded to Vila & Son Landscaping Corporation in the amount of $119,897.75 Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the Capital- Beautification Projects Line Item No. 001-8050-541-6301 Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by , who moved its adoption. The motion Was seconded by and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Resolution No. Page 3 Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 2"d day of November, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, ~g(~ October 14, 1999 Keith & Schnars Work Authorization No. 15414.62 for Design and Construction of Aventura Founders Park Outdoor Stage November 2, 1999 City Commission Meeting Agenda Item Recommendation The City Commission adopt the attached Resolution approving Keith & Schnars Work Authorization No. 15414.62 for design and construction of Aventura Founders Park Outdoor Stage for the amount of $31,820. Back.qround The Founders Park Outdoor Stage project is contained in the current budget for implementation. Approving this work authorization puts this project into action. The Work Authorization provides for engineering services involved for the design and architectural construction administration services of the Founders Park Outdoor Stage, which has a construction budget of $125,000. Final construction plans will be delivered within 90 days following the approval of the work authorization. Permitting and construction are estimated to be 180 days. RMS/gf Attachments RMS99106 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.62 FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF THE FOUNDERS PARK OUTDOOR STAGE/BANDSTAND BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A. FOR THE AMOUNT OF $31,820; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization No. 15414.62 for the amount of $31,820 for professional engineering services by and between the City and Keith and Schnars, P.A. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by adoption. The motion was seconded by vote, the vote was as follows: , who moved its ., and upon being put to a Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Resolution No. Page 2 Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 2~d day of November, 1999. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SOROKA CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORN'EY KEITH and SCHNARS, P.A. ENGINEERS PLANNERS -- SURVEYORS WORK AUTHORIZATION NO. 15414.62 The City of Aventura has requested Work Authorization No. 15414.62, as provided for in the agreement between the City of Aventura and Keith and Schnars, P.A. and approved by the City Commission on August 20, 1996. This Work Authorization No. 15414.62 provides for technical services in accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the agreement. Labor Expenses Estimated Reimbursables Civil Design Services: Coordination with Subconsultants Design Services Bidding Services $2,040.00 $3,060.00 $500.00 $2,220.00 $200.00 Subconsultant Services: Architectural/Structural Enqineerinq Band Stand Design Bidding Services Construction Administration Services $15,000.00 SI,000.00 $4,000.00 Electrical Services Electrical Design Services Bidding Services Electrical Construction Services $2,800.00 $200.00 $800.00 Total Estimated Design Services Total Estimated Bidding Services Total Estimated Construction Services $20,860.00 $3,42O.OO $4,8OO.OO Total Labor Expenses Total Estimated Reimbursables $31,120.00 $700.00 The time period for this work authorization will be: Final Construction Plans 90 Days Permitting Phase 60 Days Construction Phase 120 Days 6500 North Andrews Avenue · Ft. Lauderdale, Florida 33309-2132 (954) 776-1616 · (800) 488-1255 · Fax (954) 771-7690 ATTEST BY City Clerk Teresa M. Soroka, CMC, AAE APPROVED AS TO FORM BY City Attorney Weiss Serota & Helfman, P.A. CITY: CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Eric M. Soroka day of ,1999 Notice to Proceed Yes No Project Initiation Date RECOMMENDED through its Director of Community Services BY Director of Community Services Robert M. Sherman day of ., 1999 Exhibit A WORK AUTHORIZATION NO. 15414.62 Founders Park Band Stand Scope of Consulting Services between The City of Aventura, Florida and Keith and Schnars, P.A. October 12, 1999 Exhibit A WORK AUTHORIZATION NO. 15414.62 Founders Park Band Stand SCOPE OF CONSULTING SERVICES PREAMBLE CONSULTANT proposes to provide professional services associated with preparation of final construction plans and bid documents for a 1,200 S.F. ($125,000.00 construction costs) band stand in the south section of the park. Engineering Services 1.01 1.02 1.0 1.03 Preparation of Construction Plans and Bid Documents The CONSULTANT will coordinate the preparation of detailed final construction plans and bid documents. The plans and bid documents will include one (1) 1,200 S.F., $125,000.00 band stand. Bidding Phase The CONSULTANT shall assist the City of Aventura in securing competitive bids for this project. These services will include attendance at a pre-bid conference, answering of bidders questions during bidding phase, issue addenda, evaluation of competitive bids, and written recommendation of successful bidder. Meetings The CONSULTANT shall attend two (2) hour meetings for a period of eight (8) weeks required to review the work tasks associated with this proposal. At the request of the CLIENT, the CONSULTANT will attend any additional meetings that will be billed on an hourly basis in accordance with our hourly rate schedule attached for the CLIENT's review. 2.0 3.0 1.04 Construction Phase (Construction services are not a part of this contract.) ArchP~.ctural and Structural Engineering Services 2.01 Complete Desic~n Services for Band Stand The CONSULTANT shall provide architectural and structural engineering construction documents and construction administration for a 1,200 S.F., $125,000.00 band stand. Meetings are included as required. Electrical Engineering Services 3.01 Electrical Design Services The CONSULTANT shall provide electrical design for a 1,200 S.F., $125,000.00 band stand, with a maximum calculated load of 29 kW, (120 amp) at 120/240 volt, single phase fed from the existing panel 'S'. Services shall include electrical design for a new band stand panel, general light outlets, power receptacles and a basic stage lighting system. Also included is time for up to three (3) City meetings. 3.02 Electrical Construction Services The CONSULTANT shall provide electrical construction administration, including review and approval of electrical submittals, job sit review and attendance at progress meetings. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, City/htl..~g~ October 14, 1999 ~'~ Ordinance Amending 1999/00 Budget Ist Reading November 2, 1999 City Commission Meeting Agenda Item 2"d Reading January 4, 2000 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance amending the 1999/2000 Budget by reappropriating ongoing capital projects from the prior fiscal year and including grant positions for the Police Department. BACKGROUND The attached Budget Amendment was prepared to reappropriate the following capital projects not completed during the 1998/99 fiscal year. GENERAL FUND Beautification Proiects - $3107000 - This project includes $125,000 for landscape improvements to N.E. 191st Street and 30th Avenue at the completion of the drainage improvements. Completion is scheduled for January 2000. In addition, funds have been reappropriated to complete the Biscayne Boulevard Phase 4 improvements ($185,000). N.E. 190TM Street Improvements - $2057000 - This project consists of reappropriating $205,000 to complete the landscape and lighting improvements. This project is scheduled for completion in November 1999. Memo to City Commission Page 2 4 N.E. 185TM Street and N.E. 28th Avenue - $170117430 - This project was bid and awarded in the prior fiscal year. Due to utility relocations by FPL this project was rescheduled during this fiscal year. Completion is scheduled for March 2000. Safety Improvements- $6007000 -This project consists of providing safety improvements along Country Club Drive, ground lighting along the Country Club Exercise / Walking Path and drinking fountains. Due to third party construction projects (FDOT and Turnberry Country Club), this project was delayed. This project is scheduled for completion in March 2000. STORMWATER UTILITY FUND Drainaqe Improvements - $658,000 - This amendment includes $300,000 for the N.E. 185 TM Street project and $358,000 to complete the Drainage Improvements project on 191st Street and 29th Avenue. The latter project is scheduled for completion on November 15, 1999. POLICE CAPITAL OUTLAY IMPACT FEE FUND Equipment - $307000 - Reappropriates amount from prior year to completion equipment purchase program. The Amendment also includes the addition of the following positions that are partially funded by Federal and State grants. Three Police Officer Positions - Funded by a Federal grant that pays $105,000 of the $132,000 total cost. The grant pays $35,000 for throe years for each officer. Victim Advocate Position - Funded by a State grant that pays $34,259 (80%) of the $42,824 total cost. The grant is renewable on an annual basis. Serqeant Reclassification - Another sergeant position is required to maintain span of control and organization requirements with the growth of the patrol force. This involves upgrading an existing police officer position. Memo to City Commission Page 3 The Amendment is funded from the following sources: 1. Increased General Fund carry over amount of $1,682,685. This is comprised of unspent funds from the various capital projects that were reappropriated in the new fiscal year. 2. Additional revenues from the following sources: · Police position grants - $139,259 · FDOT payment for Biscayne Boulevard landscape improvements - $292,880 · Developer contributions for utility line installation at N.E. 185th Street $186,430. · Increased Stormwater Utility Fund carry over amount by $658,000 and the Police Capital Outlay Impact Fee by $30,000. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0810-99 ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 99-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE t999/2000 FISCAL YEAR BY REVISING THE 1999/2000 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1999/2000 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 99-13, which Ordinance adopted a budget for the 1999/2000 fiscal year, by revising the 1999/2000 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. 2000-_._ Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 2nd day of November, 1999. 2 Ordinance No. 2000-__ Page 3 PASSED AND ADOPTED on second reading this 4th day of January, 2000. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY tms 3 EXHIBIT A Budget Amendment REVENUES General Fund - 001 Interaovernmental Revenues 3374000 FDOT V{ctims of Crime Act 331220 COPS Federal Grant SUBTOTAL 200,000 292,880 492,880 34,209 34,259 125,000 105,000 230,000 3661000 Misc. Revenuee Developer ContHbution~Streets SUBTOTAL 186,430 186,430 ~i~ ii:ii: 3999000 Canyover SUBTOTAL Total Amendments-Revenues 3,760,000 1,682,685 5,442,685 EXPENDITURES PUBLIC SAFETY 1999/00 BUDGETARY ACCOUNT SUMMARY 001-2001-521 EXPENDITURES 1999100 i99911~0 1999/00 OBJECT REVISED BUDGET PERSONAL SERVICES 1201 Employee Salaries 2,791,581 174,824 2,966,405 Position - Revisions Number Description Action 2045-2047 Police Officers add 3302 Victim Advocate add 2045 Police Officer delete 2306 Sergent add EXHIBIT A CAPITAL BUDGET PROJECT APPRORPIATION 80-XXX 6301 6314 6313 6303 Community Services - 60-53915411672 Beautification Projects NE 190th Street NE 185th Street & NE 28th Avenue Safety Improvements SUBTOTAL 1,160,000 310,000 1,460,000 0 206,000 0 1,011,430 1,011,430 0 600,000 600,000 Subtotal Total Amendments-Expenditures Stormwater Utility Fund - 410 REVENUES Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments-Revenues 167,073 658,000 825,073 EXPENDITURES CAPITAL BUDGET PROJECT APPRORPIATION Community Services - 539 6306 Drainage Improvemnets SUBTOTAL 25,000 658,000 683,000 Total Amendments-Expenditures :~ ~:~ .:: :: ::..:~ i..!~i~ ~: EXHIBIT A Police Capital Outlay Impact Fee Fund - 140 REVENUES Non -Revenue 3999000 Carryover SUBTOTAL Total Amendments-Revenues EXPENDITURES Public Safety - 521 6450 Vehicles SUBTOTAL CAPITAL BUDGET PROJECT APPRORPIATION 140-2001 0 30,000 30,000 Total Amendments-Expenditures CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT TO: FROM: BY: DATE: SUBJECT: MEMORANDUM City Commissio Ci ~~M~e Eric M. Soroka, r Robert M SherrC, an, D~,rectof~of Community Services October 18, 1999 Keith & Schnars Work Authorization No. 15414.65 for Design and Construction of Waterways Park Improvements November 2, 1999 City Commission Meeting Agenda Item Recommendation The City Commission adopt the attached Resolution approving Keith & Schnars Work Authorization No. 15414.65 for design and construction of Waterways Park improvements for the amount of $25,300. Backqround The development of Waterways Park is contained in the current budget for implementation. Approving this work authorization puts this project into action. The Work Authorization provides for engineering services involved for the design and construction of Waterways Park, which has a construction budget of $150,000. Final construction plans will be delivered within 90 days following the approval of the work authorization. Permitting and construction are estimated to be 180 days. RMS/gf Attachments RMS99110 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.65 FOR PROFESSIONAL ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF WATERWAYS PARK IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A. FOR THE AMOUNT OF $25,300; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization No. 15414.65 for the amount of $25,300 for professional engineering services by and between the City and Keith and Schnars, P.A. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by adoption. The motion was seconded by vote, the vote was as follows: , who moved its ., and upon being put to a Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Resolution No. Page 2 Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 2nd day of November, 1999. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SOROKA CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZATION NO. 15414.65 The City of Aventura has requested Work Authorization No. 15414.65, as provided for in the agreement between the City of Aventura and Keith and Schnars, P.A. and approved by the City Commission on August 20, 1996. This Work Authorization No. 15414.65 provides for technical services in accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the agreement. Labor Expenses Estimated Reimbursables Civil Design Services: Design Services Bidding Services Construction Services $6,180.00 $500.00 $2,220.00 $200.00 $4,36O.OO Subconsultant Services: Landscaping Services Landscape Design $4,200.00 Bidding Services $0.00 Construction Administration Services $600.00 $400.00 Electrical Services Electrical Design Services Bidding Services Electrical Construction Services $3,100.00 $500.00 $2,000.00 Total Estimated Design Services Total Estimated Bidding Services Total Estimated Construction Services 10% Project Management $13,480.00 $2,72O.OO $6,960.00 $1,040.00 Total Labor Expenses Total Estimated Reimbursables $24,200.00 $1,100.00 The time period for this work authorization will be: Final Constru~ion Plans Permi~ing Phase Construction Phase 90 Days 60 Days 120 Days 6500 North Andrews Avenue - Ft. L~l~'~ale, Florida 33309-2132 (954) 776-1616 · (800) 488-1255 · Fax (954) 771-7690 ATTEST BY City Clerk Teresa M. Soroka, CMC, AAE APPROVED AS TO FORM BY City Attorney Weiss Serota & Helfman, P.A. CITY: CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Eric M. Soroka dayof ,1999 Notice to Proceed Yes No Project Initiation Date RECOMMENDED through its Director of Community Services BY Director of Community Services Robert M. Sherman __ day of ,1999 Exhibit A WORK AUTHORIZATION NO. 15414.65 Waterways Park Improvements Scope of Consulting Services between The City of Aventura, Florida and Keith and Schnars, P.A. October 13, 1999 Exhibit A WORK AUTHORIZATION NO. 15414.65 Waterways Park Improvements SCOPE OF CONSULTING SERVICES PREAMBLE CONSULTANT proposes to provide professional services associated with preparation of final construction plans and bid documents for park improvements with a budget of $150,000 for construction. 1.01 Scope of Work The scope of work and fee schedule is based on the approved Conceptual Plan (Exhibit B) and $150,000 budget. If the scope of work or preliminary budget is increased, a supplemental agreement will be forwarded to the City of Aventura for the increase of services. 2.0 Engineering Services 2.01 Preparation of Construction Plans and Bid Documents The CONSULTANT will coordinate the preparation of detailed final construction plans and bid documents based on the previously approved Conceptual Master Plan (Exhibit B), last revised August 10, 1999. The plans and bid documents will include concrete sidewalks and curbing; asphalt basketball expansion; (3) sun shelters; site electrical; benches and trash receptacles; sodding; perimeter fencing and gates; irrigation; landscaping and playground expansion (installation of children's playground by others). 2.02 Bidding Phase The CONSULTANT shall assist the City of Aventura in securing competitive bids for this project. These services will include attendance at a pre-bid conference, answering of bidders questions during bidding phase, issue addenda, evaluation of competitive bids, and written recommendation of successful bidder. 2.03 Meetings The CONSULTANT shall attend two (2) hour meetings for a period of eight (8) weeks required to review the work tasks associated with this proposal. At the request of the CLIENT, the CONSULTANT will attend any additional meetings that will be billed on an hourly basis in accordance with our hourly rate schedule attached for the CLIENT's review. 2.04 Construction Phase The CONSULTANT shall provide construction observation services necessary to certify to the regulatory agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Services included in this item are described as follows: Shop drawinqs: The CONSULTANT will review shop drawings, samples, other data and reports which the selected contractor is required to submit for review, but only for the conformance with design concept of the project and compliance with the information given on the design drawings. Such review shall not extend to means, methods, techniques, sequence or procedures of construction or to safety precautions and programs incident thereto. Site Visits: CONSULTANT shall make visits to the site at intervals appropriate to the various stages of construction as CONSULTANT deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the contractor(s)'s work. Inspection Testing: The CONSULTANT shall observe the utility testing required for site utilities to certify to the responsible utility entity (the actual testing will be by others) that the utilities meet minimum testing requirements. Final Certification: The CONSULTANT will prepare the final certifica- tion and process record drawings for the design from the survey information to be supplied by the contractor or by other means agreed by both CONSULTANT and CLIENT and certified to the appropriate agencies. Meetin~qs: The CONSULTANT shall attend two (2) hour meetings for a period of eight (8) weeks required to review the work tasks associ- ated with this proposal. Atthe request of the CLIENT, the CONSULT- ANT will attend any additional meetings that will be billed on an hourly basis in accordance with our hourly rate schedule attached for CLIENT's review. 3.0 Landscaping Services (See attached.) 4.0 Electrical Engineering Services (See attached.) CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, City/~Ma/¢ I,/ Robert M. Sherma~d~ October 18, 1999 o~of Community Services Bid No. 99-9-24-2 Colored Filter Lenses for Uplights November 2, 1999 City Commission Meeting Agenda Item Recommendation The City Commission adopt a motion rejecting all bids related to Bid No. 99-9-24-2, Colored Filter Lenses for Uplights. Back.clround This bid was advertised for colored lenses for the uplights on Aventura Boulevard, as part of the holiday lighting project contained in the current budget. Bids were mailed to seven firms and one bid was received from Langer Electric. Upon further investigation, the unit prices contained in the bid were too high. We are now in the process of securing the lights directly from the manufacturer and having the lenses installed by one of our contractors, at a substantial saving. Price Comparison Per Lens Bid Price (installed) $284.45 Direct Purchase from Manufacturer Installation Total $125.97 25.00 $150.97 Cost Savings Per Lens $133.48 RMS/gf Attachments RMS99108 MAILING LIST FOR BID #99-9-24-2 (COLORED FILTER LENSES) POWER & LIGHTING ATT: HANNAH MUSON 3832 SHIPPING AVENUE MIAMI, FL 33146 SOUTHEAST FLORIDA ELECTRIC ATT: CHARLES LECUASY 5300 NW 12 AVENUE SUITE 1 FT. LAUDERDALE, FL 33309 LANGER ELECTRIC SERVICE CO. ATT: DAVIF PRICE 8901 NW 7 AVENUE MIAMI, FL 33150 PENINSULAR ELECTRIC DISTRIBUTORS ATT: WES WATSON 1301 OLD OKEECHOBEE ROAD WEST PALM BEACH, FL 33401 DAVCO ELECTRICAL CONTRACTORS CORP. ATT: RUSELL WHITE 1910 7TM AVENUE NORTH LAKE WORTH, FL 33461-3807 FLORIDA ELECTRIC SERVICE CO., INC. ATT: STEVEN L. SIEMS 1491 SW 21ST AVENUE FT. LAUDERDALE, FL 33312 SPORTSLIGHTER ELECTRIC, INC. ATT: JAMES W. HARRIS 460 BUSINESS PARKWAY SUITE G ROYAL PALM BEACH, FL 33411 CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order SPECIAL CONDITIONS 1.1 CONTRACT PERIOD AND EXTENSIONS: The City of Aventura hereby requests bids for a one (1) year contract for supplies or services. In addition, the City reserves the right to extend this contract for an additional three (3) year term, providing both parties agree, that all the terms, conditions and specifications remain the same and the extension is approved by the City Manager. BIDDER OFFERING FIRM PRICES FOR THE FULL CONTRACT PERIOD: YES x NO BIDDER TO INDICATE IF HE WOULD BE WILLING TO EXTEND THIS CONTRACT FOR: FIRST TWELVEMONTHS: YES x NO SECOND TWELVE MONTHS: YES x NO THIRD TWELVE MONTHS: YES × NO * With cortsideration for material and/or Jabot increases 35 BIDDER'S NAME:Roger z. Langer, Jr. COMPANY NAME: Langer Electric Service Company P CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES F.OR UPLIGHTS BID #99-9-24-2 This is not an order SPECIAL CONDITIONS 2.1: ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING: Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for the opening of the bids will be given consideration, All such changes or interpretations will be made in writing in the form of an addendum and, if desired, will be mailed or sent by available means to all known prospective BIDDERS not later than five (5) days prior to the established bid opening date. Each prospective bidder shall acknowledge receipt of such addenda in the space provided thereof in the bid form. In case any bidder fails to acknowledge receipt of such addenda or addendum, his/her bid will nevertheless be considered as though it had been received and acknowledged and the submission of his/her bid will constitute acknowledgement of the receipt of the same. All addenda are a part of the contract documents and each bidder will be bound by such addenda, whether or not received by him/her. It is the responsibility of each prospective bidder to verify that he/she has received all addenda issued before bids are opened. Any questions regarding the specifications may be directed to the Finance Support Services Department, Glenn Marcos, Purchasing Technician, located at 2999 N.E 191st Street, Suite 500, Aventura, Florida, 33180, (305) 466-8925. Under no circumstances will the City accept facsimile transmissions in lieu of sealed bid. Any bids received in the above manner will be deemed unresponsive and "no bid" will be entered for the bidder. 2.2: BASIS OF AWARD: responsible bidder. Award will be made to the most responsive and 2.3: BID BOND: The bidder must include a bid bond in the amount of five percent (5%) of their bid amount. Such bond may be in the form of a certified or cashier's check or security bond. The bid bond of the unsuccessful bidders shall be returned within 10 days of award of bid. The bond of the successful bidder shall be retained until full delivery of all goods and/or services. 36 BIDDER'S NAME: Roger E. Langer, COMPANY NAME: Langer Electric Company ~ervice CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSE~ FOR UPLIGHTS BID ~f99-9-24-2 This is not an order SPECIAL CONDITIONS 2.4: PERFORMANCE AND PAYMENT BOND: The City of Aventura shall require the successful BIDDER to furnish a Performance Bond and Payment Bond, each, in the amount of 100% of the total Bid Price, with the City of Aventura as the obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor of furnishing materials in connection herewith. The bond shall be with a surety company authorized to do business in the State of Florida. 2.5: BID SECURITY FORFEITED, LIQUIDATED DAMAGES: Failure to deliver goods or services within the timeframe specified shall be just cause for the annulment of the award by the City and the forfeiture of the bid security to the City, which forfeiture shall be considered not as a penalty, but in liquidation of damages sustained. Award may then be made to the next highest responsible bidder or all bids may be rejected, as best meets the needs of the City. 3.1: DETAILED SPECIFICATIONS: The City of Aventura is accepting sealed bids for the purchase, installation, removal, restoration and storage of colored filter lenses for uplights. There are three (3) different colored filter lenses requested for this bid. The colors are: Medium Red, Brilliant Blue, and Primary Green. The City requests that the colored lenses bid on are gel and not film. These colored filter lenses are to be installed, removed, and restored during holidays or per the request of the city. The bidder is required to store colored filter lenses on a year round basis. There are approximately (134) uplights which requires colored filter lenses for uplights. The uplights are located in Aventura Boulevard. The purchase, installation, removal, restoration and storage bid could be split and awarded in any combination that will best serve the interests of City. It is possible that future colored filter lenses could be requested to be purchased, installed, removed, restored and stored for other streets in Aventura. Therefore, this bid contains unit pricing for all requested commodities and services. 37 BIDDER'S NAME:Roger $. ganger, Jr. COMPANY NAME: ganger Electric Servlce Company f. CITY OF AVENTURA 'REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order SPECIAL CONDITIONS Detailed requirements are: There are two types of lighting fixture that require colored filter lenses: (1) Manufacturer- Klm Lighting (Outground/Rectangular Shape): See Appendix A 175 Watt Clear, Metal Halide, ED17 Medium Base, ANSI Code M57 Manufacturer or Catalog Number: AFL2/175MH 120/HDS/VG~P/FH/VG-P LAMP- I75 MH/E17 (2) Manufacturer- Hydrel (Inground/Round Shape): See Appendix B 175 Watt Metal Halide 9100 Series Flood and Spot Uplight Manufacturer or Catalog Number: 9100B-MH 175/120MFL/34 and 9100B-M H 175/120N FL/34 NOTE- SEE MAP (APPENDIX C) FOR LOCATIONS OF UPLIGHTS 3.2 WARRANTY OF COLORED FILTER LENSES: All colored filter lenses that are bid should have an implied and express manufacturer's warranty. The life of the warranty should be defined by the manufacturer. 3.3 COLORS: The colors medium red, brilliant blue, and primary green are the only colors considered for this bid. An exact breakdown of how much medium red, brilliant blue, and primary green is yet to be determined. However, an approximate amount is disclosed. Color schemes or patterns might change during different holidays or period of times that necessitates a change of colored filter lenses. 3.4 CONTRACT TERMS FOR BIDDING PURPOSES: The City requires that a bid price shall be provided for the colored fi~ter lenses aforementioned. The contract is for one (1) year with the option to extend the contract for an additional three (3) years upon mutual agreement of both parties and approval by the City Manager. The bidder shall provide the same prices, terms, and conditions for the life of this contract. The contract includes the General Conditions, Special Conditions, Agreement, Addenda, and Bid Forms. 38 BIDDER'S NAME:P, oger s. Langer, Jr. COMPANY NAME:Sanger Blectri¢ Service Company CITY OF AVEFITURA REQUEST FOR BIDS FOR COLORED FILTER LENSES EOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM I hereby propose to furnish the goods and services specified in the Request for Bids. I agree that my bid will remain firm for a period of 90 days after opened by the City in order to allow the City adequate time to evaluate the bids. I certify that all information contained in th~s bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this on behalf of the Company named as Bidder Company and that said Company is ready, willing and able to perform if awarded the bid. I further certify under oath, that this bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a bid; no officer, employee or agent of the City of Aventura or any other bidder has an interest in said bid. Fudhermore, I certify that the undersigned executed this Bid Form with full knowledge and understanding of matters herein contained and was duly authorized to do so. The Bidder has received and acknowledged the following addenda. Addendum No. U/A Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: 39 BiDDER,SNAME:Roger s. banger, ac. COMPANY NAME:ganger glectr±c Se[v :[ ~.( Company CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM Attached hereto are the following forms/documents which form a part of this bid: Attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I Attachment J Attachment K Attachment L Attachment M Attachment N - Bid Price Sheet - Bid Bond - List of Proposed Subcontractors - Other References - Bidder Qualification Forms - Bid Exception Form - Indemnification Clause - Sworn Statement Pursuant to Section 287.133, F.S - Non-Collusion Affidavit - Notice of Award - Agreement - Notice to Proceed - Payment Bond - Performance Bond 40 BIDDER'S NAME:P, oger E. Langer, 3r. COMPANY NAME:nanger Electric Service Company CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLI6HTS BID #99-9-24-2 This is not an order BID FORM Langer Electric Service Company Name of Bidder (Company Name) Si natu¢'/ /, 7 Roger E. Langer, Jr. ©ireCtor Name & Title, Type or Print 8901 NW 7 Avenue Miami, Fi. 33150 Mailing Address Sworn to and subscribed before me this 20__day of September ,19 99 Notary F~bli~ State of Florida My Commission Expires: City, State, Zip Code r'~afl~'y 27, 2ee0 (305) 759-5777 Area Code Telephone Number Attest: SEAL (if Corporation) 41 BIDDER'S NAME: Roger E. Langer, Jr. COMPANY NAME: ganger Electric Service Service MINUTES OF SPECIAL MEETING OF DIRECTORS OF LANGER ELECTPd(2 COMPANY STATE OF FLORiDA COUNTY OF DADE I HEREBY CERTIFY that at a special meeting of the Board of Directors of the Langer Electric Company a corporation existing under the laws of the State of Florida held on September l 7, 1999 the following resolution was duly passed and adopted: "RESOLVED, THAT as a Director of the Corporation Roger E. Langer, Jr., be and is hereby authorized to Execute the proposal dated September 24, 1999 to the City of Aventura and this corporation and that his execution thereof, attested by the Secretary of the Corporation, and with the Corporate: Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation on this 17th Day of Sep~be~ 1999 ~-~ / CITY OF AVENTURA REQUEST FOR BIDS FOR '~ COLORED~=ILTER LENSES FOR'~UPLIGHTS B I D #99 -9 -24-2 This is not an order BID FORM CERTIFICATE (if Partnership) STATE OF ) S)S: ~ COUNTY OF ) I HEREBY CERTIFY that a meeting of thTners ol the~~~ a corporation existing under the laws of-the/State of ....... / held on /~lowing resolution was duly passed and adopted: / "RESOLVED, that execute the Bid dated, and this partnership I further certif' as the Partnerships, be and is hereby authorized to 19 , to the City of Aventura that their execution thereof, attested by the be the official act and deed of the Partnership." is now in full force and effect. IN WITNESS seal of I have hereunto set my hand and affixed the official corporation and this day of (SEAL) Secretary 43 BIDDER'S NAME: Roger E. Langer, Jr. COMPANY NAME:Sanger Electric Se[vice ~ompany STATE OF ) ) SS: COUNTY OF ) CITY OF~AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR BID #99-9-24-2 This is not an order BID FORM CERTIFICATE (if Joint Venture) I HEREBY CERTIFY that a meeting of thc )als of the State of 19 .... the following resolution wa a )oration existing under the laws of-the- , held on passed and adopted: "RESOLVED, that, as execute the bid and deed of this Jo of the Joint Venture be and is hereby authorized to , t9__to the City of Aventura official act I further certify said resolution is now in full force and effect. IN seal of cot I have hereunto set my hand and affixed the official n and this day of (SEAL) Secretary 44 BIDDER'S NAME: Roger B. [,anger, COMPANY NAME: ganger Electric Server Company CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPI~IGHTS BID #99-9-24-2 This is not an order BID FORM BID PRICE SHEET ATTACHMENT A (Page 1 of 3) Please provide the following information below. Make sure that you fill the information with a pen. Remember that the delivery and installation of these colored filter lenses shall be completed by November 1, 1999. Approximately 90 Klm Lighting Please refer to Appendix A Klm Lighting- (Outground/Rectangular Shape) Colors Medium Red Brilliant Blue Primary Green Quantity 3O 3O 3O Unit Price ,n Numbers (i.e. $10.00) $284.45 $284.45 S284.45 Unit Price in Words (i.e. Ten Dollars and no cents) Two Hundred Eigh' Four Dollars and 45/lOO :y Approximately 44 Hydrel Please refer to Appendix B Hydrel- (Inground/Round Shape) Colors Medium Red Brilliant Blue Primary Green Quantity 15 Unit Price in Numbers (i.e. $10.00) $181.13 $181.13 Unit Price in Words (i.e. Ten Dollars and no cents) 15 15 ~181.13 13/100 One Hundred Eig~tiy One Dollars and ~ Please provide information and unit pricing for the installation of approximately 134 colored filter lenses. How many laborers needed to install colored filter lenses? one B Unit pricing on per hour labor? $19.77/hour C. Estimated time to complete the installation 375 (Hours) All benses 45 BIDDER'S NAME: ~ogec g. Langer, COMPANY NAME: Langer glecr, ric Company Servi.~ CITY OF AVENTURA REQUEST FOR BIDS FOR COLOREDJ=ILTER LENSES FOR UPLIGHTS BID ~99-9-24-2 This is not an order BID FORM BID PRICE SHEET ATTACHMENT A (Page 2 of 3) Please provide information and unit pricing for the removal of approximately 134 colored filter lenses. A. How many laborers needed to remove colored filter lenses? one B. Unit pricing on per hour labor? $19.77/hour C. Estimated time to complete the removal 7o (Hours) Please provide information and unit pricing for the restoration of approximately 134 colored filter lenses A, How many laborers needed to restore colored filter lenses? one B. Unit pricing on per hour labor? $19. ?7/hour C. Estimated time to complete the restoration 270 .(Hours) Please provide information and unit pricing for the storage of approximately 134 colored filter lenses. A. Place of storage Langer Electric Service Company (Business Name) 8901 NW 7 Avenue Miami, Florida 33150 (Street Address) (State) (Zip Code) B. Do you have insurance where storage will take place for approximately 134 colored filter lenses? YES x NO (If yes, please attach a copy of insurance policy to this bid). 46 BIDDER'S NAME:Roger $. Langer, COMPANY NAME:Langer Electric company Jrt Se~vi¢:e CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM BID PRICE SHEET ATTACHMENT A (Page 3 of 3) C. The size of storage area for 134 colored filter lenses (i.e. 5' xl0') D Do you have enough storage room for possible future increase on colored filter lenses? YES z NO E Monthly Rate for storage $75.0o F Fully describe the time frame for delivery of all colored filter lenses: Two weeks after receipt oX order G. Describe the warranty program and how warranty repairs as well as regularly scheduled maintenance is handled. One year warranty at no cost on material 47 BIDDER'S NAME: Roger F:. Langer, Jr. COMPANY NAME: Ganger Electric Servlc~ ~ompany STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) A?rACHMENT B (Page I of 2) KNOW ALL MEN BY THESE PRESENTS, that we,. LANGER ELECTRIC SERVICE CO. , as Principal,and UNITED PACIFIC INSURANCE COMPANY , as Surety, are hel.d and firmly bound untO~vh~pEC~t~ENT OF ~f Aventura, a municipal corporation of the State of Florida In the penal sum Of AU~UNT mD Dollars ($. ~O/o ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated SEPTEMBER24 , 1999 for: COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 NOW, THEREFORE, la) If said Bid shall be rejected, or in the alternate lb) (f said Bid shall be accepted and the Principal shall properly execute and deliver to said CITY the appropriate Contract Documents, and shall in all respects fulfill all terms and condition attributable to the acceptance of said Bid, then this obligation shall be void; otherwise, it shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the amount of this obligation as herein stated. The Surety. for value received, hereby agrees that the obligations of the said Surety and its bond shall be in no way impaired or affected by any extension of time within which said CiTY may accept such B~D; and said Surety does hereby waive notice of any extension. IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this 24th day Of , ~PTEMBER , lg99 _, the name and the corporate party being hereto affixed and these presents being duly signed by its undersigned representative. BIDDER'S NAME: ~'",i'c - J .... ~ '~ ;,~ COMPANY NAME: LANGER ELECTRIC SERVICE CO 1999 A-I-rACHMENT B (2 of 2) PRESENCE OF: LANCER ELECTRIC SERVICE CO. S~/~l;eta ry (It',JCorporation) {,SEAL) ( Corporation, Individual or Partnership Principal) (Con/~3r~ ~'o¢~/z ~ /-~ "'/~ '-, 8901 N.W. 7th AVENUE (Business Address) MIAMI, FL 33150 (City/State/Zip) 759-5777 (Business Phone) UNITED PACIFIC INSURANCE COMPANY By: By: ~~~ D W. MATSON ~(~e~j~'~s~tc~-A-gent fo~" SuretY) IMPORTANT Surety companies executing bond must appear on the Treasu~/Department's most current list (,circular 570 as amended) and be authorized to transact business in the State of Florida 49 BIDDER'S NAME:~?o¢~-~ ~' .~4,~¢~ ~ COMPANY NAME: LANGER ELECTRIC SERVICE CO. REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order LIST OF PROPOSED SUBONCTRACTORS ATTACHMENT C BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract (if applicable). NAME ANDADDRESS OF SUBCONTRACTOR INSTALLATION N/A REMOVAL RESTORATION STORAGE 50 BIDDER'S NAME: Roger E. Banger, Jr, COMPANY NAME:Banger Blectr±c service Company REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 ~ This is not an order BID FORM AGENCY REFERENCE LIST ATTACHMENT D (Page 1 of 2) Please list NAME OF AGENCY, ADDRESS, PHONE NO., AND CONTACTING DEPARTMENT of all Governmental Agencies for which you have done (sold or lease ) business within the past five years: City of Aventura - Public Works 305-466-8931 2999 NE 191 Street, Suite 500 Aventura, Fl. 33180 Dade County School Board Herman Gonzalez 305-995-1963 1500 Biscayne Blvd., Room 316 Miami, Fl. 33132 Metro-Dade County (CAA) 305-325-0833 1336 NW 2 Street Miami, Florida 33142 4 Dade County Aviation Department - Jose Barroso 305-876-0595 P.O. Box 592075 Miami, Fl. 33159 5. City of Miami Beach - Comm. Oepactment 305-673-7040 1100 Washington Avenue Miami Beach, Fl. 6. City of South Miami 305-663-6343 6130 sunset drive ~iami, Fl. Attach additional sheets if necessary If there are less than five agencies listed above, complete Attachment B-1 to bring the total number of references to at least five. 51 BIDDER'S NAME: Roger E. Langer, Jr. COMPANY NAME2Langer' Electric Servic~ ~ompany CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM REFERENCE LIST / AGENCY ATTACHMENT D (Page 2 of 2) ~ Please list NAME OF AGENCY, ADDRESS, PHONE NO., AND 6ONT~C2TING DEPARTMENT of any other Non-Governmental Agencies for which ydu have done (sold or lease ) business within the past five years: 4 6 N number of references contained on Attachments B and B-1 must total at least 52 BIDDER'S NAME:Roger B'['anger' COMPANY NAME:ganger Electr±c Company Servic CITY OF AVENTURA REQUEST FOR.BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM BIDDER'S QUALIFICATIONS ATTACHMENT E (Page 1 of 4) NOTE: This statement of Bidder's Qualification must be completely filled out, and returned as part of your bid. List the true, exact and proper names of the company, partnership, corporation, trade or fictitious name under which you do business and principles by names and titles: Name of Company: Langer Electric Service Company Address: 8901 NW 7 Avenue Miami, Florida 33150 Principals: Roqer E. banqer Roger E. Langer, Jr. Titles: President Director a. Are you licensed, as may be required, in the designated area(s) of Dade County, Florida? YES x NO b. List Principals Licensed: Name(s): Roger E. Langer Title: President Remarks: 3. How long has your company been in business and so licensed? 1939 53 BIDDER'S NAME: Roger E. Langer, Jr. COMPANY NAME: Langer Electric Serv~( Company CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID ~99-9-24-2 This is not an order BID FORM BIDDER'S QUALIFICATIONS ATTACHMENT E (Page 2 of 4) tf Bidder is an individual, corporation or a pa,-tnership, ~following: a. Date of Organization b. Name, address and ownership units of all pa~tn~ers: c. State whether gene~ed partnership: d. If a corporation, sta/te'the date and place of incorporation / If Bidder is other./~n an individual, corporation or partnership, describe the organization odd g~ve the name and address of principals. /- _ /' 5 If Bidder is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. How many years has your organization been in business under its present business name? 1985 a Under what other former names has your organization operated? Foster Electric Company 54 BIBDER'S NAME~'°9er E. Langer, COMPANY NAME~anger ElectrlC uompany Service CITY OF AVENTURA .REQUEST FOR BIDS~FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM BIDDER'S QUALIFICATIONS ATTACHMENT E (Page 3 of 4) Has your company ever failed to complete a bonded obligation or to complete a contract? YES NO x a. If so, give particulars including circumstances, where and when, name of bonding company, name and address of City and disposition of matter: b. Are you now or in the past five years involved as a defendant in litigation concerning the performances of your company operations? If so list: No 8 List the pertinent experience of the key individuals of your organization; (continue on insert sheet, if necessary). Roger E. Langer President electrician since 1959 Roger E. Langer, Jr. - Director - electrician since 1987 a. State the name of individual(s) who will have personal supe~ision of the work: Jose Morejon 55 BIDDER'S NAME:P, ocjer g. Lanqer, ,Jr. COMPANY NAME:r~anger Electric Servic~ Company CITY OF AVENTURA REQUEST FOR BIDS EOR COLORED FILTER LENSES FOR UPLiGHTS BID #99-9-24-2 This is not an order BID FORM BIDDER'S QUALIFICATIONS ATTACHMENT E (Page4 of 4) 9. List the name and title of persons in your company who are authorized to enter into a contract with the City of Aventura, Florida for the proposed work should your company be the successful bidder. NameRoger E. Lanqer Roger E. Langer, Jr. Title President Director 56 BiDDER,SNAME:Roger ~,. Banger, Jr. COMPANY NAME~anqer Electri~Sarvi~ Company CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM BID EXCEPTION FORM ATTACHMENT F The Company wishes to take exception to the following items: Page Description Costs 57 BIDDER'S NAME: Roger E. Langer, JE'. COMPANY NAME: Langer Electric Se[vic Company F CiTY OF AVENTURA REQUEST FOR BIDS FOR COLORED FtLTER LENSES FOR UPLJGHTS BID #99-9-24-2 This is not an order BID FORM INDEMNIFICATION CLAUSE ATTACHMENT G The Bidder shall indemnify, defend and hold harmless the City Commission, the City of Aventura and their agents and employees from and against all claims, damages, losses and expenses (including attorney's fees) arising out of or resulting from the contractor's performance of the work, provided that any such claim, damage, loss or expense: (1) is attributable to bodily injury, sickness, disease or death, or injury to or damage on destruction of property including the loss of use resulting therefrom, and (2) is caused in whole or in part by any breach or default by Bidder or negligent act or omission of the Bidder, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless or whether not it is caused in part by a party indemnified hereunder. Langer Blecb~ic Serv±¢e Bidder's Name STATE OF FLORIDA COUNTY OF DADE Roger E. Langer, Jr. SWORN TO AND SUBSCRIBED before me, the under signed authority, //¢0¢~' ~/. ~z~d~;*¢~-, ~' who, afterfirst being sworn by me, affixed his/her (name of indiwdual signing) / signature in the space provided above on this ~ ¢ day of~. , 19 ~. ,~ ~- / ~ NOTAC, Y PUBLIC 58 BIDDER'S NAME: Roger Pg. COMPANY NAME: Banger Company CITY OF AVENTURA REQUEST FOR BIDS FOR COLORED FILTER LENSES,FOR UPLIGH, TS BID #99-9-24-2 This is not an order BID FORM SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES ATTACHMENT H THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTIHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to city of Aventura (print name of the 3ublic entity) by Roger E. Langer, Jr. Director (print individual's name and title) for Langer Electric Service Company (print name of entity submitting sworn statement) whose business address is 8901 NW 7 Aver ue Miami , Florida 33150 and (if applicable) its Federal Employer Identification Number (FEIN) is 59-264-1797 (If the entity has no FEI N, indude/th~ocia~ecurity Number of the individual si9ning this sworn statement: / /.O{,...f .¢,' ~_.6~ ¢'.¢z4..'3~ ) Ro~e~ E. Lar~er, J~: --Director I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with an public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation. 59 BIDDER'S NAME: Roger E. Langer, COMPANY NAME:Langer Electric Company Service CITY OF AVENTURA REQUEST FOR BIOS FOR ~ COLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES ATTACHMENT H I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1 )(b), Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that "an affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate I understand that a person as defined in Paragraph 287.133(1)(c), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which proposals or applies to propose on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those off~cers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6O BIDDER'S NAME: Roger E. [,anger, Or. COMPANY NAME: Langer Electric Servi Company CiTY OF AVENTURA REQUEST FOR BIDS FOR CQLORED FILTER LENSES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES ATTACHMENT H 6 Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] x Neither the entity submitting this sworn statement, nor any of its officer, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to JuLy 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [Attach a copy of the final order] 61 BIDDER'S NAME: Roger E. Langer, Jr. COMPANY NAME~ahger Electric ServLce Company CITY OF AVENTURA REQUEST FOR BIDS FOR COL~QRED FILTER LENSES FOR UPLIGHTS BID ~99-9-24-2 This is not an order BID FORM SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES ATTACHMENT H I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FOF~M, [SIgNATUrE] 9/24/99 [DATE] STATE OF FLORIDA COUNTY OF DADE PERSONALLY APPEARED BEFORE ME, the under authority, ~Our~ ~ ~,y/~m//~L~ who, afterfirst being sworn by me, affixed his/her [~n~ of individual signing] signature,nthespaceprovidedaboveonthis~dayof ~ ,19¢¢ MYOPIC~s ~ ~ ~ ~ . LIC 62 BIDDER'S NAME: Roger E. Langer, COMPANY NAME:Langer Electric Company Seruice State of Florida County of Dade CITY OF &VENTURA REQUEST FOR BIDS FOR COLORED FILTER LEI~SES FOR UPLIGHTS BID #99-9-24-2 This is not an order BID FORM NON-COLLUSION AFFIDAVIT Attachment I (Page 1 of 2) ) ) SS .) Roger E. Langer, Jr. being first duly sworn, deposes and says that: He/gheFi--he,/is/are the Director (Owner, Partner, Officer, Representative or Agent) of Lanqer Electric Servivce Company submitted the attached Bid; the BIDDER that has (2) He/She/:R'~ey is/are fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such a Bid is genuine and is not a collusive or sham Bid; (4) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER firm, or person to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any other BIDDER, or to secure throu9h any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIODER or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. 63 BIDDER'S NAME:Roger $. banger, Jr. COMPANY NAME: banger Electric Service Company Signed, sealed and delivered In the presence of: NON-COLLUSION AFFIDAVIT Attachment I (Page 2 of 2) (Printed Name) Director (Title) ACKNOWLEDGMENT State of FIo.rifCa County of ~ On this the ,P'/¢ day o~..,..:~,~ , 19-~ 4¢., before me, the undersigned Notary Public of the State of FIo~rida, personally appeared /~0,¢,~' ~. ~¢.~¢~-~./~ and (Nan~e(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL OF OFFICE: 0,,,~,r~.,~6~T~R_.~..~.~.~. EIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned.) [] Personally known to me, or [] Personally identification: OPTIONAL INFORMATION: Type of Document: Number of Signatures Notarized: (Type of Identification Produced) [] DID take an oath, or [] DID NOT take an oath. Number of Pages: 64 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission (~/ October26,199~ ~ De~ation Resolution Accepting of Yacht Club Way November 2, 1999 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution accepting the dedication of the private road, Yacht Club Way, from Country Club Drive to Turnberry Way. Back.qround The adoption of this Resolution concludes the City's Private Road Conversion Program. All previously designated roads for conversion will have been dedicated to the City. The dedication of this roadway will reduce maintenance costs to the various condominiums currently supporting the operation of the road. If you have any questions, please feel free to call me. EMS/tms CCO814-99 attachment RESOLUTION NO. 99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF DEDICATION OF PRIVATE ROAD RIGHT OF WAY FOR YACHT CLUB WAY IN THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the owners of a private road known as Yacht Club Way have expressed an interest in dedicating said private road to the City of Aventura as a public road within the City of Aventura; and WHEREAS, the City Commission finds that it is appropriate and in the best interest of the public to facilitate the dedication of Yacht Club Way as a public road; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the proposed dedication and acceptance of Yacht Club Way as a public road as shown and legally described on Exhibit "A" attached hereto (the "Property") is hereby approved by the City Commission, subject to the requirements of this Resolution. Section 2. That the City Manager is hereby authorized to take the necessary action to obtain the required documentation from the Property owners including conveyance documents and all title documentation. Upon approval by the City Attorney as to the legal form and sufficiency of the dedication, the instruments of conveyance and title documentation to be provided by Property owners, the City Manager is hereby authorized, on behalf of the City, to implement such dedication and to accept the conveyance and dedication of the Property as a public right of way. Resolution No. 99-__ Page 2 Section 3, That the City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 4, That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Ken Cohen Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 2nd day of November, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY MA~IUEL G, V[RA AND AS~OC,,INC, CITY OF AVENTURA CITY MANAGER'S OFFICE TO: FROM: BY: DATE: SUBJECT: MEMORANDUM City Commission Eric M. Soroka, ~Vl,/~ge~ Aon~t~i~r 1'4~c~ Ca~cts Manager Recommendation - Work Authorization No. 1999-10-13-01 Professional Design Services for NE 34t~ Avenue Street Lighting Improvements November 2, 1999 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No.1999-10-13-0 to C.A.P. Engineering Consultants, Inc. for Professional Design Services for the design of NE 34th Avenue Street Lighting Improvements in the amount of $40,800.00. This project is included in the Capital Improvements Program for the 1999/00 fiscal year. BackRround The project is to be designed in accordance with the City's Capital Improvement Program and the landscaping and beautification concepts approved by the City Commission. The cost includes electrical engineering design work, a boundary and location survey, construction services and engineering coordination services. The area of work is on NE 34th Avenue from NE 207th Street north and east to Golden Point. The proposed budget is $300,000.00. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 1999-10-13-01 FOR PROFESSIONAL DESIGN SERVICES FOR NE 34th AVENUE STREET LIGHTING IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND C.A.P. ENGINEERING CONSULTANTS, INC.; AUTHORIZING CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization No. 1999-10-13-01 (40,800.00) for professional design services by and between the City and C.A.P. Engineering Consultants, Inc. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. 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: Resolution No. Page 2 Commissioner Jay R, Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 2"d day of November, 1999. ATTEST: ARTHURI, SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY October 14, 1999 Mr. Antonio F. Tomei Capital Projects Manager Community Services Department City of Aventura 2999 NE 191~t Street, Suite 500 Aventura, Florida 33180 Re; Work Order Authorization WO #1999-10-13-01 for Professional Engineering Services for NE 34 Avenue Survey and Lighting Project, Aventura, Florida Dear Mr. Tomei: We appreciate the opportunity extended to C.A.P. Engineering Consultants, Inc. (CAP) by requesting the submittal of this work order authorization (WOA) for Professional Engineering Services for the above referencedprojects. The following Scope of Services is based on our meeting on October 8, 1999. It is hereby submitted for your review and approval. Scope of Services A. Boundary_ and Location Survey of Project Site This task includes the following: · Collection of existing as-built plans, existing utility information. · Boundary and Location Survey of N.E. 34 Avenue from N.E. 207 Street to N.E. 213 Street and Yacht Club Drive from N.E. 213 Street to the southeast end of the road at approximately NE 38 Avenue. (Excluding the intersection with NE 213 Street). The survey will show location of all improvements and visible utilities, including pavement limits, curbs and gutters, sidewalks, right of way lines, medians, trees, withinthe project areas. (Road grades and elevations not included as requested by the City. However, said information can be collected and included in the survey for an additional fee of $600.00.) Lump Sum Fee ... $16,400 00 B. Roadway Lighting Report. Design and Construction The task includes electrical services as follows: October 14, 1999 Mr. Antonio F. Tomei Re: Work Order Authorization WO #1999-10-13-01 for Professional Engineering Services for NE 34 Avenue Survey and Lighting Project, Aventura, Florida Page 2 II. III. Preliminary Design Report 1. Investigation and evaluation of existing conditions and recommendation of the proposed pole locations, light levels and FP&L service point locations. Design 1. Completed tracings of drawings for the work, covering all phases of our design, in accordance with a format determined by you. 2. Photometric evaluation based on the utilization of 150 watt metal halide pole mounted light fixtures as selected by the Council members. Poles shall be spaced so as to achieve a 0.33 minimum footcandle light level along the length of the project. 3. Electrical design of the roadway lighting based on a 480 volt distribution system in accordance with the National Electric Code, the Miami-Dade Edition of the South Florida Building Code and all local requirements. 4. Final project specifications. 5. Coordination with Florida Power & Light Company for proposed service point locations as outlined in the latest FP&L Electric Service Standards. 6. Final cost estimate for the work to be performed under this WOA. 7. Attend meetings to answer questions relevant to our design. Construction Services During Bidding CAP will make available project representative to assist in the evaluation and recommendation of bids submitted by approved contractors. Services During Permitting CAP will make available project representativeto assist in the permitting process and answer questions relevant to the design. October 14, 1999 Mr. Antonio F. Tomei Re: Work Order Authorization WO #1999-10-13-01 for Professional Engineering Services for NE 34 Avenue Survey and Lighting Project, Aventura, Florida Page 3 Shop Drawing Review Review and approve (or take other appropriate action in respect of) Shop Drawings and samples, the results of tests and inspections and other data which each Contractor is required to submit, but only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents (but such review and approval or other action shall not exceed to means, methods, sequences, techniques or procedures of construction or to safety precautions and programs incident thereto); and receive and review (for general content as required by the Specifications) maintenance and operating schedules and instruction, guarantees, bonds and certificates of inspection which are to be assembled by Contractor(s) is in accordance with the Contract Documents. Issue Clarifications Issue all instructions of the City to the Contractor(s); issue necessary interpretations and clarifications of the Contract Documents; have authority, as the City's representative to require special inspection or testing of the work; act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work there under, and make decisions on all claims of the City and the Contractor(s)relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. The ENGINEER shall render all interpretations or decisions in good faith and in accordance with the requirements of the Contract Documents. Site Visits Make visits to the site at periods appropriate to the various stages of construction to observe, as an experienced and qualified professional, the progress and quality of the executed work of Contractor(s) and to determine in general if such work is proceeding in accordance with the Contract Documents. Prepare trip reports to document observations made during these inspections. The ENGINEER shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) or the safety precautions and programs incident to the work of the Contractor(s). It is understood that CAP will not be performing detailed quality control and inspection services such as checking the installation of conduits for conformity with the electrical drawings and appropriate manufacturer's shop drawings. The ENGINEER's efforts will be directed toward providing a greater degree of confidence for the City that the completed work of Contractor(s) will conform to the Contract Drawings, but the ENGINEER shall not be responsible for the failure of the Contractor(s)to perform the work in accordance October 14, 1999 Mr. Antonio F. Tomei Re: Work Order Authorization WO #1999-10-13-01 for Professional Engineering Services for NE 34 Avenue Survey and Lighting Project, Aventura, Florida Page 4 with the Contract Drawings. During such visits and on the basis of on-site observations, the ENGINEER shall keep the City informed of the progress of the work, shall endeavor to guard the City against defects and deficiencies in such work and may disapprove or reject work failing to conform to the Contract Documents. 6 Startup CAP will make available a project representative to visit the construction site on a periodic basis during project milestones and critical work. CAP reserves the right to request additional compensation should construction extend beyond the Substantial and/or Final Acceptance periods except for delays resulting from acts or omissions of the Consultant. Our scope of services on Item B shall include the evaluation of existing conditions, photometric evaluation and the roadway lighting design of NE 34~h Avenue originating at NE 207th Street and extending approximately 0.9 miles. Our fee for this work shall be payable as follows: Preliminary Design Report Complete When Plans are 30% Complete When Plans are 60% Complete When Plans are 90% Complete When Plans are 100% Complete Construction Phase - Billed per percent of construction completeness $1,600.00 $4,7OO.OO $4,700.00 $4,700.00 $1,600.00 $7,100.00 Lump Sum Fee ....................................................... $24,400.00 Total Lump Sum Fee .................................................. $40,800.00 It is our understanding that we shall be reimbursed for all out-of-pocket expenses directly chargeable to the project. Typical reimbursable expenses include, but are not limited to: reproduction costs, identifiable communication expenses, express mail, and courier services. We will charge 10% over costs to cover our administrative expenses. Please note that this WOA does not include services that would be contracted directly by the City and coordinated by our office. These may include soil boring, percolation test, etc. In addition, any governmental application fees, and permitting fees will be the responsibility of the City. October 14, 1999 Mr. Antonio F. Tomei Re: Work Order Authorization WO #1999-10-13-01 for Professional Engineering Services for NE 34 Avenue Survey and Lighting Project, Aventura, Florida Page 5 If you find this WOA acceptable, and wish to direct us to proceed with the aforementioned work, please execute the enclosed copy in the space provided and return to me. This will serve as our Notice to Proceed and upon it receipt, we will immediately begin working on the Scope of Service described herein. If you have any questions, or wish to discuss this WOA further, please contact me, or Mr. Lin Li at your earliest convenience. Very truly yours, C.A.P.~sultants, Inc. Mariano V. Fernandez, P.E. Vice President MVF:II ACCEPTED: Erik Soroka TITLE: City Manager DATE: H:\DATACL/Aventura\Aventura NE34 Ave lightin~prop TTomei101499 wpd CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission October 18, 1999 of Community Services_.~ Resolution Authorizing the City's Interest Earnings Grant Application for the County Safe Neighborhood Parks Bond Program November 2, 1999 City Commission Meeting Agenda Item r7 ~ Recommendation The City Commission adopt the attached resolution authorizing the Safe Neighborhood Parks (SNP) Bond Program Interest Earnings Grant Application with Miami-Dade County for $98,710 for the Founders Park Gazebo/Amphitheater. Backqround The Founders Park Gazebo/Amphitheater is contained in this year's CIP. This project is eligible for an Interest Earnings Grant from the Miami-Dade County SNP Bond Program in the amount of $98,710 for the design and construction of this project, as the Interest Earnings Grant is applicable to development projects only. The breakdown of City and grant dollars is as follows: City of Aventura SNP Interest Total Cost Earnings Grant Design $15,910 $15,910 $31,820 Construction* 80,000 82,800 162,800 Total $95,910 $98,710 $194,620 *Includes $2,800 interest earnings. RMS/gf Attachments RMS99109 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ATTACHED SAFE NEIGHBORHOOD PARKS INTEREST EARNINGS GRANT APPLICATION AS DESCRIBED IN EXHIBIT "A" BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR A GRANT IN THE AMOUNT OF NINETY EIGHT THOUSAND SEVEN HUNDRED TEN DOLLARS ($98,710.00) FROM THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM; AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Miami-Dade County have authorized the issuance of general obligations bonds (the "Bonds") for the purpose of financing capital improvement programs for certain parks, beaches, natural areas and recreation facilities; and WHEREAS, to implement and give effect to the bond program, Miami-Dade County Florida enacted Ordinance 96-115, the Safe Neighborhood Parks Ordinance (the "County Ordinance"); and WHEREAS, it is necessary and desirable to improve the quality of life, to benefit property values, to promote prevention of juvenile crime by providing positive recreation opportunities, and to improve the recreation facilities for youth, adult, and senior citizens in the community through the improvement of our parks and natural areas; and Resolution No. 99-_ Page 0). WHEREAS, in order to foster those important values, the projects more specifically listed below have been identified for reimbursement pursuant to the terms of the County Ordinance; and WHEREAS, pursuant to the terms of the Ordinance, the passage of this resolution and the acts contemplated by this resolution are conditions to obtaining a grant; and WHEREAS, the City of Aventura wishes to make application for the grant monies for the project listed below subject to all terms and conditons of the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to make application for a grant for the project as described in Exhibit "A" and in the amount listed below, and in connection with such application to execute such grant agreement and other contracts and documents, to expend Safe Neighborhood Parks bond funds received for the purposes described in the funding request, to execute any necessary amendments to the grant application and contracts, and take such other acts as may be necessary to bind the City of Aventura ("the City") and accomplish the intent of this Resolution. Application shall be made with respect to each of the following project (the "Project") in the amounts set forth below. Resolution No. 99-_ Page .J GRANT TITLE TOTAL GRANT $98,710 Aventura Founders Park Gazebo/Ampitheatre Section 2. The City shall complete the Project in accordance with the terms of the grant agreement, the Ordinance, and the administrative rules authorized by the Citizens' Oversight Committee (the "Committee") to implement the Ordinance. If the total cost of the Project exceeds the value allocated in the grant, then the City will provide any supplemental funds required to complete the Project. In the event that supplemental funds are necessary for completion of the Project, as the point in time that it is known that supplemental funds have been committed to the Project prior to and as a condition of disbursement of further disbursement of grant funds, the requirement for the City to provide any supplemental funds required to complete the project may, at the sole discretion of the Committee, be modified in whole or in part by a reduction in scope of work consistent with the Ordinance. Section 3. The City recognizes and directs that any beach, park, or other public facility acquired, developed, rehabilitated, or restored with bond funds, including the Project, shall be open and accessible to the public without discrimination as to race, color, gender, age, religion, belief, residence, natural origin, marital status or disability. Section 4. To the extent allovved by law, the City shall commit any and all funds which may be required to operate, maintain and provide programming at the Project upon its completion. Resolution No. 99-_ Page I( Section 5. No substitution in capital project funding by the City shall occur as a result of the grant for which the City is applying. Section 6. The City Manager is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 7. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 2nd day of November, 1999. ARTHURI.SNYDER,MAYOR ATTEST: TERESA M. SOROKA, CMC/AAE CITY CERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Safe Neighborhood Parks (SNP) Bond Program Interest Earnings Grant Application Form APPLICANT INFORMATION A. Applicant (Agency Name) city of Aventura Contact Person Robert M. Sherman TitleDirector of Community Services Mailing Address 2999 NE 191st Street, Suite 500 City Aventura State Florida Zip Code 33180 Telephone 305-466-8930 Fax 905-466-8939 Applicant/Certification I hereby certify the information provided in this application and any attachments is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. Signature of Authorized Representative Date II. GRANT OVERVIEW A. Grant Tifle (Park Name) Aventura Fo,md~r~ Parl~ B. Park/LandAddress 3105 NE 190th Street, Aventura, FL C. County Commission District(s) where land is located Four (4) D. Brief GrantDeseription Design and construction of outdoor gazebo/ amphitheather Page 1 of 7 E. Funding Request (Dollar for Dollar Match is Required) Anticipated Anticipated Anticipated Total Funding Expenditures Expenditures Expenditures Project Category in Year One in Year Two in Year Three Allocation Municipal 30% Interest Earning $ 2,800 $ $ $2,800 Grant $ Requested $95,910 $95,910 Cash Match Committed* $95,910 $ $ $95,910 TOTAL $194,62O $ $ $194,620 *Letter(s) of commitment for matching funds equal to the grant request should be attached. Letter(s) indicating match availability prior to December 1999 may be included (Municipal 30% does not require a match). Documentation of all match funds will be required prior to contract execution. F. Grant Type (check appropriate category) ( x ) 1. Development, Land Owned (a) If the applicant is a Not-For-Profit, has a Public Agency agreed to the development on the Public Agency's property? (circle one) (YES) (NO) NAM~ OF PUBLIC AGENCY If NO, reason they have not agreed. )2. Development, Land Leased (a) If the applicant is a Not-For-Profit, has a Public Agency agreed to the development on the Public Agency's leased property? (circle one) (YES) (NO) NAIVlE OF PUBLIC AGENCY If NO, reason they have not agreed. Page 2 of 7 G. Grant Readiness 1. Park Master Plan Is the proposed project consistent with the Park Master Plan that has received all required approvals and authorizations? Name and Phone Number of Parks & Recreation Department personnel providing this information Robert lq. Sherman 305-666-8930 2. Development Planning Schematic Designs Design Development Construction Drawings Construction Beginning D~e Ending D~e 10/00 10/99 10/99 10/99 11/99 12/99 2/00 6/O0 12/99 3~00 Page 3 of 7 III. Grant Details A. Cost Estimate and Expenditure Schedule for SNP grant funds only (round to the nearest hundred); budget on cash basis. Attach a written justification for Construction and Fixtures, Furnishings, and Equipment line items. The justification should provide detailed descriptions of the project elements. TOTAL FY 99-00 FY 00-01 FY 01-02 SNP Grant BUDGET ITEMS EXPENSE EXPENSE EXPENSE Request PLANNING* $ /t,500 DESIGN* 3,/400 PROJECT ADMINISTRATION* 6,000 LAND/BLDG ACQUISITION CONSTRUCTION (list below by element with quantifies): · * Gazebo/Amphitheater 80,000 · · Constxuction Contingency (see B below) __~.s_6 000 Total Construction 84 000 ~R.T ALLOWANCE (for Miami-Dade County only) FIXTURES, FURNISHINGS, EQUIPMENT OTHER COSTS (list below): ____ _ PROJECT CONTINGENCY* * EXPENDITURE TOTALS $ 95,900 Page 4 of 7 * The combination of planning, design and project administration costs cannot exceed 17%. ** A project contingency is to compensate for actual costs being higher than budgeted. For example, even the lowest bid on a construction contract may be higher than the amount budgeted. The project contingency may not exceed 15% of the total grant request. The amount of funds allocated for project contingency should reflect how firm the budget is at this point in time. Project contingencies should be highest for projects not yet planned, and should decrease as a project progresses through design drawings to construction. A project contingency is over and above the amount budgeted for a construction contingency. A construction contingency is for unforeseen conditions encountered once a construction has begun. The amount of funds allocated for a construction contingency should reflect the probability of unforeseen conditions. For example, renovation projects typically involve more unforeseen conditions than does new construction. If the construction contingency is less than 5% of the total construction cost estimate, explain why you think it is sufficient. If it turns out not to be sufficient, how will the shortfall be made up? Identify any potential Pre-agreement Costs (eligible costs incurred prior to execution of grant agreement) but no earlier than one (1) year prior to the application due date. Describe: $ Amount: 31,820 When were these costs incurred? October 1999 Describe basis or justification for cost estimate: Design est~-~re from en~{neer Are additional fund~ed for this project beyond the match and SNP? (circle one) (YES) If yes, how much $ List the other anticipated sources for this funding and amounts anticipated. $ $ $ $ $ Page 5 of 7 Explain how these other sources of funding will be used to either complete or expand the SNP bond funded grant or total project: If any of these other sources of funding don't fully materialize, how will that affect the SNP bond funded grant or total project: G. Upon completion, will the work funded by this grant result in increased or new annual maintenance and operation costs? Yes Upon completion, will the work funded by this grant result in increased or new annual programming costs? Yes Who will assume the increase costs? city of Aventura H. Briefly describe the applicants experience in operating and/or maintaining programs. Since incorporation in 1995~ the City has built, improved, renovated and maintained over 65 acres of public right-of-ways and parks. The City has offered special events, recreation pro,rams and athletic leagues to our 80,000 participants since 1996. IV. Required attachments to be submitted with this grant application: 1. Letter(s) committing required match. 2. Completion of the attached drawdown schedule. As a condition of the grant, the applicant agrees to execute a grant agreement and to comply with all terms and conditions of that grant agreement, the Administrative Rules of the SNP Bond Program and the SNP Bond Ordinance. Required attachments to be submitted prior to execution of grant agreement include but may not be limited to: Page 6 of 7 A. All Applicants 1. Project Location Map. 2. Evidence of adequate land tenure (deed, lease, etc.). 3. Any existing or proposed agreement, lease, management contract, or similar arrangement with a non-governmental entity that relates to the project or project site. 4. Site Plan, if available (optional). 5. Documentation of all required match funds. B. Public Agencies 1. Authorizing Resolution (sample attached). C. Not-For-Profit Organizations 1. Proof of Board Approval - Resolution or Board Minutes 2. Copy of IRS Non-Profit Status The Oversight Committee or its subcommittees may require additional information in support of the application. Page 7 of 7 GRANTEE NAME City of Aventura SAFE NEIGHBORHOOD PARKS BOND PROGRAM INTEREST EARNIGNS GRANTS ESTIMATED DRAWDOWN SCHEDULE PARK PROJECT NAME Aventura Founderu P,~rk e. az~hn!Amph~rho~r~r JANUARY, 2000- DECEMBER, 2002 $98,710 ~98,710 IGRAND TOTAL OF AWARD FOUNDERS PARK CITY OF AVENTURA FLORIDA CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commissionx~ Eric M. Soroka, Cityqvlefl ~gore, F-~n;n~c( October 28, 1999 End of Year Budget Amending Ordinance ~ort Services Director Ist Reading November 2, 1999 City Commission Meeting Agenda Item 2"d Reading January 4, 2000 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission approve the attached ordinance amending the 1998/1999 budget. Back.qround As you are aware, we are in the process of closing the books for the 1998/99 fiscal year. We are now to the point where we can formally amend the budget so that the adopted budget contains appropriations sufficient to cover all actual expenditures. The process is called the end of year "clean up" amendment and is done as a matter of course each year. The necessity of an end of year amendment has been discussed when we have issued monthly reports. Therefore, the amendment should not be a surprise to the Commission. However, the dollar value of the adjustments are somewhat larger than originally anticipated. The need for a budget amendment for Legal, Community Development and Community Services has been noted in the past few budget reports. The necessity for amendments to those and other departments are discussed below. For the City Manager's office, we miscalculated salary and benefits costs when we originally prepared the 1998/99 budget. Newsletter costs were the result of the update of the web page and increased promotional activity. The additional funds for Legal are due to higher than anticipated legal costs, a significant portion dealing with adoption and implementation of Land Development Regulations (LDR). The City Clerk budget requires additional funds for Legal Advertising. This was also due in great part to the LDR adoption process. Page (2) End of Year Amending Ordinance Community Development is over in those line items dealing with building related inspection costs. Additional revenues more than offset these expenditures. The need for additional appropriations for Community Services has been noted since very early in the fiscal year. The primary reason is that the 1998/99 budget did not anticipate that we would take over previously private functions or complete beautification projects as quickly as actually occurred. The transfer to the Debt Service Fund is necessitated by the Florida Municipal Loan Council financing requiring a transfer to cover bond interest costs, as opposed to utility taxes being deposited directly to the Debt Service Fund. However the General Fund was able to recognize an additional $1,037,000 of utility taxes which would otherwise have been deposited directly to the Debt Service Fund. The amount included in the ordinance for the General Fund as additional revenues is only the amount needed to cover the additional expenditures (a total of $1,377,000). Although we are still posting revenue accruals, I estimate that total General Fund revenues (including carryover) will be approximately $2.7 million greater than was originally budgeted. Unspent and unencumbered appropriations will total approximately $3.4 million more than originally budgeted. Therefore, the total General Fund carryover will be around $6.1 million. This compares to the $5,442,685 which will be included in the 1999/00 budget (after the budget amendment from 7E on this agenda). The amendments to the Debt Service Fund and Capital Construction Fund were required by the financing with the Florida Municipal Loan Council. We borrowed $21,000,000 of which $14,100,000 was deposited to the Capital Construction Fund and $6,900,000 was deposited to the Debt Service Fund. We also had a $900,000 draw on the letter of credit early in the year. This $14,100,000 plus the $900,000 from the draw on the letter of credit makes the total bond/note proceeds $15,000,000. The remaining budget changes were the result of differences caused by the issuance of debt in 1998/99 versus 1997/98 as was assumed when we originally prepared the 1998/99 budget. The additional amounts in the Police Off Duty Services Fund is the result of heavy usage of these services. All costs are borne by the requestor of these services. Therefore, the additional appropriations of $107,000 is exactly offset by additional revenues. While the budget amendment includes several large dollar value adjustments, most were anticipated for several months. Therefore, the budget amendment has no negative impact upon the 1999/00 budget or programs for any future years. I, therefore, recommend approval of the ordinance to accomplish the end of year budget clean up. If you have any questions please feel free to call or stop by my office. HMK/mn FSS429-99 ORDINANCE NO. 2000- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1998/99 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 98-22, which Ordinance adopted a budget for the 1998/99 fiscal year, by revising the 1998/99 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. 2000-.._ Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded Commissioner , and upon being put to a vote, the vote was as follows: by Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 2~ day of November, 1999. 2 Ordinance No. 2000-__ Page 3 PASSED AND ADOPTED on second reading this 4th day of January, 2000. ATTEST: ARTHURI, SNYDER, MAYOR TERESA M, SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY tms 3 Exhibit A General Fund - 001 REVENUES Locally Levied Taxes 3141000 Utility Tax-Electric SUBTOTAL 1,037,000 t,037,000 2,074,000 3221000 34710O0 3425000 Ucenses & Permits Building Permits SUBTOTAL Chames for Services Rec/Cultural Events Development Review Fees Total Amendment Revenues EXPENDITURES 904,000 263,000 1,167,000 35,000 13,000 48,000 30,000 64,000 94,000 City Manager 120t Salaries & Wages 2301 Life & Health las 4710 Newletter Cost Subtotal 3t20 Legal Fees Subtotal $ 272,348 13,000 285,348 $ 16,281 4,000 20,281 32,000 16,000 48,000 170,000 34,000 204,000 4911 City Clerks Office Legal Advertising Subtotal 27,000 t 7,000 44,000 Page 1 of 3 Exhibit A Community Develonment 3101 Building Inspection Services 3t90 Professional Serv-Other Subtotal C~mmunitv Services 3110 Profession Serv,~Englneering 3450 Landscepe/Tree Maintenance 4301 Electric 4320 Utilities-Watar 4672 R & M - Parks 4691 R & M - Straets 485t Culture~Rec Programs Subtotal 9117 Non-Dermrtmental Transfer to Debt Service Fund SUBTOTAL 700,000 130,000 830,000 65,000 5,000 70,000 140,000 t62,000 302,000 320,000 369,000 689,000 0 34,000 34,0OO 55,000 80,000 135,000 20,000 28,000 48,000 30,000 42,000 72,000 2A,300 13,000 37,300 Total Amendment-Expenditures Debt Service Fund - 230 REVENUES 3141000 Utility Tax-Electric SUBTOTAL No~-Revenue 3842000 Bond/Note Proceeds 3811001 Transfer from General Fund SUBTOTAL Total Amendment Revenues EXPENDITURES Non-Deoartmental 7t30 Principal 7230 Interest Tota! Amendment-Expenditures 1,440,000 -1,037,000 0 6,900,000 0 430,000 403,000 6,900,000 430,000 412,000 6,488,000 6,000,000 1,03~,000 (195,000) 843,000 Page 2 of 3 Exhibit A Capital Construction Fund - 320 REVENUES Non-Revenue 3842000 Bon~NoteProcesds 3999000 Carwover SUBTOTAL Total Amendment Revenues EXPENDITURES 7390 6101 6201 Non-Deoartmentel Cost of Bond Issuance Land/Govemmen Center Building/Government Center Total Amendment-Expenditures 0 15,000,000 10,250,000 (10,186t542) 15,000,000 63,458 10,500,000 525,000 525,000 920,000 920,000 3,368~1~58 13,868,458 Police Off Duty Services Fund REVENUES Chames for Services 3421100 Police Off Duty Billing SUBTOTAL Total Amendment Revenues EXPENDITURES Public Sa~et~ Oeoatment 1420 Off Duty Detail 2101 FICA Taxes 2401 Workem Compensation Total Amendment-Expenditures 357,120 107,000 464,120 310,000 92,500 402,500 23,715 6~400 30,115 10,500,000 8,100 10,508,100 Page 3 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, EXPRESSING OPPOSITION TO THE INTERNET TAX FREEDOM ACT AND ANY ENACTMENTS WHICH WOULD PRE-EMPT LOCAL TAXES AND/OR FEES ON INTERNET COMMERCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Congress is beginning to address the emerging global market place which is being facilitated by the computer intemet; and WHEREAS, Congress will be addressing the "lnternet Tax Freedom Act" which act pre-empts only state and local taxes, not federal taxes; and WHEREAS, Internet electronic commerce may not be required to collect and remit sales tax for equitable allocation to local governments, even though local merchants and retailers supply similar products and impose and collect local sales taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. No federal legislation be enacted whose effect would be to pre- empt local and state taxes, which may assist in regulating internet commerce. Section 2. Any federal legislation must create a level playing field between local merchants with a physical presence and internet retailers in regards to fees, regulations, and taxes collected and allocated to state and local governments. Resolution No. 99-__ Page 2 Section 3. This Resolution shall become effective adoption. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Commissioner Jeffrey M. Perlow Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 2nd day of November, 1999. immediately upon its , who moved , and upon being ATTEST: ARTHURI, SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY From: 305 935-2170 To: Eric $oroka, Mr,, City of ^ventura Date: 10/1411999 Time: 11:52:56 AM Page I of 4 CITY OF AVENTURA MEMORANDUM ~rom: Subject: Eric $o~oka Cit9 Manager Patricia flog~s4.iber~ Commissioner October 1~,, 1999 Resolution Rt~ached please find an Issues Paper, discussing Electronic Commerce and the Congressional Mara~orium on Taxation, The Rarida and Miami-Dade Leagues of Cities have passed resolutions in opposition to the sales tax moratorium. I am requesting that a resolution similar to tJnose of b~e FLC and DLC on the G Comm~4'ce taz~ion issu~ b~ indud~d on ~ November Ftg~nda ~or Commission ~onsideration. Ple4:~se include the background information in ~e agenda pa¢le ag~. Pleose shar~ with the Nla¥or ~ Commission. Thank you. Rttachment c: Mayor & Commission F~om: 305 935-2170 To: Eric Soroka, Mr, City of Aventura Date: 10/1 &119gg Time: 11:52:5~ ~ Page 2 of 4 Principles for Making Electronic Commerce Fair and Modernizing Sales Tax Systems for the 21st Century Background State and local governments depend on the fetal sales tax to provide services.--.police, fire, educstion, transportation, health, and enviromnmtal quality---to citizeas and businesses. The sales tax is the single largest source of state tax revenue ($147 billion in 1997) and is a critical component of thOussnd_s Of local revenue systems in 25 states. From a federalism perspective, the existing sales b~x system works well: citizens and the officials citizem elect to deliver state and local services make the decisions about state and local sales tax revenues. [nternet commerce is a hase, important, and fast-Stowing segment of the U.S. economy. Business-to-business electronic commerce, a significant portion of which is subject to sales tax, is growing at an astonishing rate and is projected to reach :$1.3 trillion by 2003. Business-to-consumer o~gine retail sales are 8rowing rapidly as well. By 2003, it is estimated tha~ six percent of all U.S. retail dotlats .. or S 108 billion---will he spent online. As the result of court decisions and Congressional inaction, most Internet vendors and other remote sellers currently are not obligated to collect sales taxes ~'om consumars. The nemrality by taxing idemical snods differently based sedgy on the location of the seller, puts locaJ meschants at a col~qitive disedvanta&,e, ami threatens the long-term viability of tl~ sal~ tax as a key source of state and local 8ovesnment revenue. to a rcc~nt report of thc U.S. Department of Conurterce, the Intcrnct revolution is b~passin8 the poor, minorities, and those who live in inner cities or rural areas. Personal computers ate present in 80 percent of homes in which fantllies make $75,000 a year or more but in fewer than 16 percent in which fnmih'es make less than $20,000. Falling computer prices lmve had no anpact on t~s"dighal divide," and the chasm between the Inter, et haves and have-nots is creating growing social divisions based on class and race. The poor, who most often buy goods and services in cash from local merchants, are unable to take advantage of the incressed chokes, competitive prices, and convenieace that onlin~ shoppin8 provides. Because they pay sales taxes on their purchases to local retailers, the poor also pay more for some goods arat semccs than high-income individuals who can avoid thc sal~s tax by shopping online While there ate approximately 7,400 jurisdictions that currently impose a sales tax, the technology exists today to collect such taxes with a minimum of eft'on. Numerous software compames have tax compliance systems that can accommodate the ex~stin8 diversity in our nation's state and local sales tax systems. From: 305 935-2170 To: Eric So~oka, Mr, City of Aventura Date: 1 ~14t1999 Time: 11:52:56 AM Page 3 of 4 The Furore The Advisory Commission on Electromc Commerce has the opponuniIy to address the sales tax equity problem b~fom ~ dispahties between remote seHe.~ and bricks-and- mortar retailers permaneafiy distort the marketplace, forcing s~ate and local govermae~$ to raise taxes in other areas to offset sales tax shortfalls. State and local governments stronsly support technology advances and th~ opportunities offered by electronic ~ommerce, and urge the Advisor~ Commission on Elech'onic Commerce to endorse ihe t'ollowir~ principles and action: Competitive Neutrnlity--All sales lransaction$ should be Ueated equally, whether that trarsaction is done in person, on the telephone, by mail, or on the lntlmaet. Remote sellexs should not be a"protected class" among retaik~ and should not remve a Imsbe¢_ __~ benefit, advantage, or cost savings an individual or Imsiness receives from use of new technology should be provided by the technology itself and private enterprise, not through d*tsc~,imiaatory policies imposed by 8ove.,mieat. Tax fi6mess is important not only to Expanded Dut~ ~o Colleet~sln8 its authority under the Commerce Clause, ConSreSs should authorize sines a~d local 8ovmann~ to require remmc sellers without a physical presence in the state to collect use taxes on goods and services sold into the state and remit those taxes to the purchaser's slate. goverraneats or their ability to dete~miae tbeLr owa tax policies. Ts- Shnplitie~tlon---While the technology exists today to administer even the most complex sales lax systems easily and fairly, the Commission should encotaase states and local governn~m-~ to continue their cooperalive efforts to reduce the complexity and compliance burdens posed by existing sales and use tax systems on remote seller. Through rob_merey prosrnms, stale and local gowrnmm~t~ may wish to inve~d~nte and test approaches that promote g~eate~ simplicity and ~ in sales tax base deilnifior~ provide incentives for voluntary seller participation through vendor collection ca'edits and other means, and otherwise reduce the burdens of tax collection. Subnilted to: Submitted by: Advisory Commission on Electronic Commerce Council of State Governments, International City/County Manasement Association, National Association of Counties, NationaJ Conference of State Legislatures, National Governors' Association, National League of Cities, U-S- Confetenc~ of September 9, 1999. From: 305 935-2170 To: Eric $or eka, Mr., Cit~ of Ayent uca ~ ne: 11:52:56 AM Page 4 of 4 REfiOLt. TION NO. 99-5 A ILESOLUTION OF TII£ BOARD OF DIREC~fORS OF THE .MIAMI- DADE COUNTY LEAGUE OF CITIES, LNC. £XPR.ESSING OPPOSITION TO TILE. INTEPuN'ET TAX FREEDOM ACF AND ENACTMENTS WHICH WOULD PRE-E_.MPT LOCAl. T,~XES .&ND OR FEES ON INTERaNET COMMERCE. ~,¥H~R]EAS, Congress is beginning to address the emergirig global markel place ~hich is being facilitated by the computer interact; and %VI-I~RIEAS, Con~,gress x~ill be addressing the "Interact Tax Freedom Act"'xxhich act prccmpt~ only state a~d local taxes, not federal la_xes; and I~"I'I~RIEAS, lnternet electronic commerce may not be required to collecl and remit sales tax for equitable allocation to local governments, ¢~n though local merchants and retailers supply similar products and impose and collect local sales taxes. NOW, TI4EI~FORE, BE Fl' RESOLVED by the Board of Directors of the Miami-Dade County League of Cities. lnc that: Section 1. ~ foregeing is true and correct. Section 2. No federal legislation be enacted vdX~se effect would be to pre-empt local and state taxes, which may assist in regulatiag internet commerce. Section 3. Any federal legislation must create a level playing field bep,veen local merchants with a physical presence and interact retailers in regards to fees, regulations, and taxes collected and allocated to state and Iogal govcmmants. APPROVED AND ADOPTED by the Board of Directors of thc Miami-Dade Coun~ League of Cities, Inc~ at regular meeting assembled this ~*',0day of 2~"~o ~ ~ 6¢ ~'- , 1999. AI'iESI: . - '~ MIT~I~LL~NZER" ..~'~'-~'-~'---'~=~" [ J~IIN A. CAVALIER. SR.f ' General Counsel RESOLUTION NO. 91-~~'~ CITY OF AYENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 4th day of Janu- ary, 2000, at a meeting of the City Commission of the City of Aventura, to be held at 6:00 p.m. iri the Commission Meeting Room at the 8is- cayne Medical Arts Building, 21110 Biscayne Boulevard. Suite 101. Aventura, Florida, the City Commission will consider the adoption of the following Ordinances on second reading, entitled: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 99-13, WHICH ORDINANCE AOOPTED A BUDGET FOR THE 199912000 FISCAL YEAR BY REVISING THE 199912000 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO 00 ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998199 FISCAL YEAR BY REVISING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO 00 ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Of- fice of the City Clerk, 2999 N.E. 191&1 Street, Suite 500, Aventura, Florida. Interested parties may appear at tl1e Public Hearing and be heard with respect to the proposed Ordinances. Any person wishing to address the City Commission on any item at this Public Hearing is asked to register with the City Clerk prior to that item being heard. In accordance with the Americans with Disabilities Act of 1990, all persons wI10 are disabled and who need special acccmmoclations to participate in this proceeding because of tl1at disability should contact the Office of the City Cterk. 305-466-8901, not later than two business days prior to such proceedings. If a person decides 10 appeal any decision made by Il1e City C0m- mission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such pur- pose, may need 10 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. Dated November 4, 1999. 11/4 Teresa M. Soroka, CMC/AAE, City Cler1< 99-4-110401100I ,.-<,..._.~