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07-03-2001 CC Meeting AgendaCiO,, Commission Jeffrey M. Perlow, Mayor Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzbeeg Patricia Rogers~Libert d kv ntCity of -ara City Mvaa~er Eric M. Soroka City Clerf Teresa M. Soroka, CMC Ci_~ A ttora~r Weiss Se~ota Helfinan Pasto~iza & Guedes AGENDA JULY 3, 2001 - 6 PM 19200 Wes~ Countcy Club Drive Aventura, Florida 33180 CALL TO ORDER~ROLL CALL 2. 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 comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staffhave made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority tn speak for the organization. Fulther details of the quasi-judicial procedures may be obtained from the Clerk. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW 78 OFF-STREET PARKING SPACES WHERE 86 OFF-STREET PARKING SPACES ARE REQUIRED; GRANTING APPROVAL OF VARIANCE FROM SECTION 31-144(0 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A REAR YARD SETBACK FOR THE EASTERLY BUILDING OF TEN (10) FEET WHERE A SETBACK OF TWENTY-FIVE (25) FEET IS REQUIRED; GRANTING RELEASE OF A DECLARATION OF USE RECORDED JANUARY 15, 1971 IN OFFICIAL RECORDS BOOK 7031, PAGE 660, WHICH RESTRICTED THE USE OF LOTS 6 AND 7, BLOCK :}4 OF HALLANDALE PARK TO SINGLE-FAMILY RESIDENCES; FOR PROPERTY LOCATED BETWEEN NE 21:} STREET AND NE 214 STREET ON THE EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE DATE. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: Matters included under the Consent Agenda are serf-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the comnUssion, that item must be removed from the Consent Agenda and considered separately. APPROVAL OF MINUTES: June 5, 2001 Commission Meeting June 20, 2001 Special Meeting June 20, 2001 Workshop Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-05-18-2, NE :}4TM AVENUE ROADWAY RESURFACING PROJECT AT THE BID PRICE OF $91,405.00. 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. (Awards bid for NE 34t~ Avenue resurfacing to Community Asphalt Corporation) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-06-22-11, NE 21ffH STREET BEAUTIFICATION IMPROVEMENTS, TO VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $589,000.00 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; 2 De PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bid for NE 2134 Street Beautification and Street Lighting to Vila & Son) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF JAMES A. CUMMINGS, INC. TO PERFORM CONSTRUCTION MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE AT RISK IN ACCORDANCE WITH ISQ NO. 01-5-11-2, COMMUNITY/RECREATION CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Ranks the firm of James A. Cummings, Inc. as recommended company to perform Construction Management Services for Community Recreation Center and authorizes City Manager to negotiate terms and fees) A RESOLUTION OF THE CITY COMMISSION OF THE C1TY OF AVENTURA, FLORIDA APPOINTING THE FIRM OF CRAVEN THOMPSON & ASSOCIATES, INC. TO PERFORM GENERAL PROFESSIONAL ENGINEERING CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreement with Craven Thompson & Associates for professional engineering services) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF CHARTER SCHOOLS USA, INC. IN ASSOCIATION WITH CHARTER SCHOOL DEVELOPERS, INC. TO DESIGN, BUILD, OPERATE AND MAINTAIN CHARTER ELEMENTARY SCHOOL AND PRIMARY LEARNING CENTER FACILITY IN ACCORDANCE WITH RFP NO. 01-06-01-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND 3 FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Selects firm of Charter Schools USA, Inc. in association with Charter School Developers, Inc. to design, build, operate and maintain Charter Elememary School and Primary Learning Center Facility) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-06-06-2, CUSTODIAL SERVICE FOR THE GOVERNMENT CENTER AT THE BID PRICE OF $52,800 PER YEAR TO TR1DON CLEANING CONTRACTORS, INC; 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. (Awards bid for Government Center custodial services to Tridon Cleaning Contractors, Inc.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA, AMENDING RESOLUTION NO. 98- 55, WHICH CONCERNED COMMUNICATIONS BY MEMBERS OF THE CITY COMMISSION WITH OTHER GOVERNMENTAL ENTITIES AND PUBLIC PRESENTATIONS, AND WHICH PROVIDES A STANDARD OF CONDUCT FOR THE MAYOR AND COMMISSIONERS, TO PROVIDE PROCEDURES CONCERNING VISITS WITH RESIDENT ASSOCIATIONS; PROVIDING AN EFFECTIVE DATE. (Provides procedures for individual Commissioner attendance/presentation at resident association meetings) A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ELECTIONS UNDER FLORIDA' S COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW; PROVIDING FOR THE ELECTION NOT TO CHARGE PERMIT FEES TO COMMUNICATIONS PROVIDERS; PROVIDING FOR INCREASING THE COMMUNICATION SERVICES TAX RATE BY 0.12% IN LIEU OF IMPOSING PERMIT FEES; PROVIDING FOR ADOPTION OF CONVERSION RATES CONTAINED IN 4 SAID LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Provides for the City's election not to levy permit fees on Communication Service Providers and adopts higher conversion rate) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AVENTURA FIFTEENTH ADDITION, BEING A REPLAT OF A PORTION OF TRACT E OF AVENTURA SECOND ADDITION, PLAT BOOK 99 AT PAGE 21, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. (Approves plat for Aventura 15th addition) 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 FOR THE 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. (Authorizes execution of change order for various required building improvemems for Governmem Center) 7. ORDINANCES - FIRST READING/PUBLIC INPUT: None PUBLIC HEARING: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" $ - ARTICLE HI "ADVISORY BOARDS" TO REPEAL DIVISION 2 "BEAUTIFICATION ADVISORY BOARD" AND DMSION 3 "RECREATION AND CULTURAL ARTS ADVISORY BOARD"; AND REPLACE THEM WITH NEW DIVISION 2 ENTITLED "COMMUNITY SERVICES ADVISORY BOARD"; PROVIDING FOR CREATION; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. 9. RESOLUTIONS: None. 10. OTHER BUSINESS: None. l ~. PUBLIC COMMENTS ~ 2. REPORTS ~13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP COMMISSION MEETING JULY 19, 2001 9 AM AUGUST 7, 2001 6 PM Tiffs meeting is open to the public. In accordance with the America~s with Disabilities Act of 1990, all persons who are disabled and who need special accommodatimqs to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not late~ than two days prior to such proceeding One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Av~Rura City Commission with respect to any matt~ considered at such meeting or hcath~g will need a record of the proceedings and, for such purpose, may need to ensure that a veshatim record of the proceedings is made, which re~ord includes the testhnony and evidence upon which the appeal is to be base& Agenda items may be viewed at the Office of the City Cledq City of Aventura Govemmeat Centex, 19200 W. Cotmtry Club Drive, Aventura, Florida, 33180. Anyone wishingto obtain a copy of any agenda item should contact the City Clerk at 305-466-11901. 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, City Brenda Kelley, June 25, 2001 Request of Aventura Office Park, LLC for: (1) Variance from Section 31- 171 of the City's Land Development Regulations to allow 78 parking spaces where 86 parking spaces are required by Code; (2) Variance from Section 31-144(f) of the City's Land Development Regulations to allow a rear yard setback of 10' where a 25' setback is required by Code; and (3) Release of Declaration of Use on Lots 6 & 7, Block 34, Hallandale Park (04-VAR-01) July 3, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined herein: 1. Approve the request to allow a variance to permit 78 off-street parking spaces where 86 off-street parking spaces are required by Code. 2. Approve the request to allow a variance to permit a rear yard setback for the easterly building of 10 feet where a rear yard setback of 25 feet is required by Code. 3. Approve the Release of a Declaration of Use on Lots 6 & 7, Block 34 of Hallandale Park, which declaration restricted the use of Lots 6 & 7 to single family residences. THE REQUEST The applicant, Aventura Office Park LLC, is requesting the following (See Exhibit #1 for letter of intent): 1. A Variance from Section 31-171 of the City's Land Development Regulations to allow 78 off-street parking spaces where 86 off-street parking spaces are required by Code; and 2. A Variance from Section 31-144(f) of the City's Land Development Regulations to allow a rear yard setback for the easterly building of 10' where a rear yard setback of 25' is required by Code; and 3. A Release of a Declaration of Use recorded January 15, 1971 in Official Records Book 7031, Page 660, which restricted the use of Lots 6 & 7, Block 34 of Hallandale Park to single family residences. BACKGROUND OWNER OF PROPERTY Aventura Office Park, LLC ADDRESS OFPROPERTY East Dixie Highway between NE 213 Street and NE 214 Street SIZE OF PROPERTY LEGAL DESCRIPTION 1.765 Acres Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Block 33 together with Lots 1, 2, 3, 4, 6, 7, 8, 9, 10 and the west 15 feet of Lot 5, Block 34, and Lots 6, 7 & 8, Block 35, Hallandale Park, according to the plat thereof, as recorded in Book 12, Page 37 of the public records of Miami-Dade County, Florida. Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: MO Medical Office District MO Medical Office District MO Medical Office District MO Medical Office District U Utilities District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Vacant in north and west, with 5 residential buildings in the south and east Residential Residential Residential FEC Railroad Future Land Use-According to the City of Aventura following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Comprehensive Plan, the Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office The Site - The site is located between NE 213 Street and NE 214 Street east of East Dixie Highway. (See Exhibit #2 for Location Map and Exhibit #3 for aerial photograph). The west and north portions of the property are vacant, while the southeast portion contains five residential buildings, which will be demolished. (See Exhibit #4 for photograph of structures to be demolished). The Project - The applicant proposes to build two one-story mediterranean-style condominium office buildings with a total 28,696 square feet of gross area. The most westerly building contains 16 office units ranging from 1,045 square feet to 1,525 square feet. The easterly building contains 3 office units of 1,330 square feet each. The exterior wall finish is stucco with a mustard and buff color scheme, terracotta clay tile on the roof and parapet, pedestrian colonnade, green canvas awnings over the parking spaces to the north and south of the building and ornamental light fixtures. All roof top equipment is screened with prism grilles. Access is by way of NE 213 Street and NE 214 Street. This will be the third redevelopment project for our Hospital District as contemplated by the City's Comprehensive Plan. The two prior approvals have been the Chemist building on Biscayne Boulevard and the Marlin office building on East Dixie Highway between NE 206 Street and NE 207 Street. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments - The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The applicant proposes to develop two one-story condominium office buildings with a total 28,696 square feet of gross area. The development generally conforms to the Hospital District concept outlined in the City's Comprehensive Plan. Its design, size and proposed use are consistent with the type of development the City is seeking in this area. Staff supports its one-story height compared to a ten-story maximum height that is permitted in this district. With an estimated construction cost of $968,000.00, it is expected that this development will add $2,156.00 annually to the municipal tax roll. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that ali of the following are met: (1) The particular physical surroundings~ shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience~ if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure, which is not otherwise consistent with the I_DR. (4) The granting of the variance will not be detrimental to the public we/fare or injurious to other property or improvements in the vicinity. (5) The proposed variance wi// not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." Request #1: A variance to permit 78 off-street parkinq spaces where 86 off- street parkin.q spaces are required. An important component of the Hospital District plan is the improvement of transportation and encouragement of alternative transportation within the district. The applicant has agreed to provide sidewalks, provide bicycle parking on site and to install eight on-street parking spaces along NE 214 Street, along with associated curbing, street lighting, street landscaping and drainage improvements. For this reason, the applicant's request to allow 8 parking spaces less than is required by code should not create a nuisance. These spaces will not be reserved for the use of the new building, but will be available to the users of adjacent properties. The street improvements will benefit not only this site, but also adjacent existing residential and future office land uses. The applicant had discussed the possibility of installing off-street parking within the FEC Railroad right-of-way to the west of the site, however, staff suggests that parking in this area is unsafe for both vehicles and pedestrians due to the proximity of the traffic signal and turn lanes from West Dixie Highway. The same comment would apply to parking within the East Dixie Highway right-of-way. There is an opportunity to install additional parallel parking spaces on NE 213 Street. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. 4 The hardship at this location is caused by a number of factors unique to the site and to the redevelopment of the Hospital District area. The City has required the applicant to meet increased standards of design, landscaping and access while building on a site originally created in the 1920's for single-family homes. The applicant is unable to acquire adjacent land, thereby preventing increasing the lot area or a squaring off of the site to accommodate more parking spaces. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The size and configuration of the property negatively affects the design and layout of the development. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare and will provide another key redevelopment project in the area. The City has requested that the applicant assist in improving the street, parking and drainage of an older residential neighborhood. As a result, the applicant has incorporated on-street parking and right-of-way improvements into the site plan that will benefit others. This will result in a more attractive streetscepe, and safer pedestrian and bicycle access in the area around the new project. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety. Staff supports its one-story height compared to a ten-story maximum height that is permitted in this district. Less traffic will be generated by this project compared to a possible maximum build- out on the site and its one-story height makes it easier for fire rescue to access the buildings. The property values will not be diminished or impaired within the vicinity of this project. Request #2: A variance to permit a rear yard setback for the easterly buildinq of 10' where a rear yard setback of 25' is required. The typical lot depth laid out by the previous plat on this street is 110 feet. The required front setback in this district is 50 feet and the rear setback is 25 feet, leaving 35 feet for building placement. The applicant is proposing a 50-foot deep building, resulting in a 10 foot rear setback. To mitigate the impact of the reduced setback on the existing residential building to the north, the owner has increased landscaping in this area. There are no access doors and no pedestrian access to this northerly limit of the proposed office building. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is caused by a number of factors unique to the site and to the redevelopment of the Hospital District area. The City has required the applicant to meet increased standards of design, landscaping and access while building on a site originally created in the 1920's for single-family homes. The applicant is unable to acquire adjacent land, thereby preventing a squaring off of the site. The configuration of the lot, and more specifically, development at the outside edge of an L-shaped parcel creates the need for a setback variance. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The configuration of the lot creates the need for a setback variance. (4) The granting of the vadance will not be detrimental to the public we/fare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare and will provide another key redevelopment project in the area. To mitigate the impact of the reduced setback on the existing residential building to the north, the owner has increased landscaping in this area. There are no access doors and no pedestrian access to this northerly limit of the proposed office building. (5) The proposed variance wi//not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Request #3: A release of the Declaration of Use restrictin.q the use of Lots 6 & 7, Block 34, Hallandale Park, to sinqle family residence. In January of 1971, the owners of Lots 6 & 7 in Block 34 of the Hallandale Park plat entered into an agreement with Miami-Dade County to restrict the use of those lots to single family residence. This Declaration of Use was recorded in Official Records Book 7031 at Page 660. The Declaration provides that, "...this agreement shall be deemed a covenant running with the land and shall remain in full force and effect and be binding upon the undersigned, their heirs, and assigns until such time as the same may be released in writing by the Director of Dade County Planning, Zoning and Building Department, or the executive officer of the successor of such department...". The 1971 restriction of use is now inconsistent with the City's Medical Office zoning district. Staff therefore recommends that the City Manager be authorized to release the Declaration of Use. It is recommended that the requests be granted subject to the following conditions: .CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · "Aventura Office Park: Site Plan", Sheet A-l, prepared by Ben Lopez & Associates, Inc., dated 4/30/01, signed and sealed dated 06/04/01. · "Aventura Office Park: Roof Plan", Sheet A-2, prepared by Ben Lopez & Associates Inc., dated 02/14/01, signed and sealed dated 06/04/01. · "Aventura Office Park: Elevations", Sheet A-3, prepared by Ben Lopez & Associates Inc., dated 04/30/01, signed and sealed 06/04/01. · "Aventura Office Park: Elevations", Sheet A-3.1, prepared by Ben Lopez & Associates Inc., dated 04/30/01, signed and sealed 06/04/01. · "Aventura Office Park: Elevations", Sheet A-3.2, prepared by Ben Lopez & Associates Inc., dated 04/30/01, signed and sealed 06/04/01. · "Aventura Office Park: Existing Conditions Plan", Sheet L-1 prepared by Ben Lopez & Associates Inc., dated 05/18/01, signed and sealed 06/04/01. · "Aventura Office Park: Landscape Plan", Sheet L-2 prepared by Ben Lopez & Associates Inc., dated 05/18/01, signed and sealed 06/04/01. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. The applicant shall install the following improvements: Eight on-street parallel parking spaces along NE 214 Street. · A 5' wide concrete sidewalk around the perimeter of the site. · Curbing, gutter pan, drainage works along NE 213 Street and NE 214 Street adjacent to the site. · Street lighting along NE 213 Street, NE 214 Street and East Dixie Highway adjacent to the site. · Street landscaping on NE 213 Street, NE 214 Street and East Dixie Highway adjacent to the site. The applicant shall prepare an engineering plan and final estimate of cost detailing the installation of these improvements in a form acceptable to the City Manager and City Engineer prior to the issuance of building permits. 4. The applicant shall post a surety bond or other similar instrument acceptable to the City Manager in an amount not to exceed $82,000.00 prior to the issuance of building permits, said bond to be returned to the applicant after the completion of the parking, curbing, lighting, drainage and landscaping improvements within the public right-of-way specified in Condition 3. 5. The applicant shall obtain approval of Miami-Dade County Department of Environmental Resources Management respecting tree preservation and tree removal, prior to issuance of site plan approval for the development. 6. The applicant shall provide an executed Unity of Title, in a form to be approved by the City Attorney and City Manager, or replat the site, prior to issuance of a building permit for the development. If the City Manager finds probable cause to believe that a disturbance has been created by the granting of the parking variance, then the property owner will be required to install a minimum of eight (8) on-street parking spaces in the right-of- way of NE 213 Street, adjacent to the property, in a manner to be approved by the City Manager and the City Engineer, at the owner's expense. 8. The applicant shall record this Resolution in the Public Records of Miami-Dade County, prior to the issuance of a building permit. All expenses shall be borne by the applicant. AVENTURA OFFICE PARK 205(10 Ii~DIATE Ittl') North Miami Beach Florida. 33180 Phone (305) 937-2440 Pax (305) 935-2740 RECEIVED 2001 COMMUNITY DEVELOP .MENT April 30, 2001 Mrs. Joanne Cart City of Aventura Community Development Department Re: Variance Request Dear Mrs. Ca~, Enclosed please find our application for the variance as described below. As previously submitted with our site plan review application, our vision is to develop a project that will provide ancillary services for the people of Aventura. In order to accomplish our proposed development we will need some variances granted as detailed below. We are requesting 7 parking spaces on the parkway on 214t~ Street. We are requesting the north setback on the easternmost part of the building be allowed at I0' to accommodate necessary parking. We believe that these requests will not impact the surrounding areas or disturb any existing buildings or infrastructures. IfI can be of any further assistance or answer any questions, please give me a call. Sincerely, Alan Benenson EXHiBiT 04-VAR-01 BROWARD COUNT DADE COUNTY ?~ulfstream SiTE -:RWAY Shoppes EXHiBiT #2 LEGEND 04-VAR-01 _ I ;. 26 th HIGHWAY L EXHiBiT #3 04-VAR-01 SOUTH SIDE OF PROPERTY LOOKING WEST ON NE 213 STREET EXHIBIT # 4 04 - VAR - 01 27ii NE 2i3 ST 2741 NE 2i3 ST 275i-2753 NE 2i3 ST 2755 & 276i NE 213 ST EXHIBIT # 4 04 - VAR - 01 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW 78 OFF- STREET PARKING SPACES WHERE 86 OFF-STREET PARKING SPACES ARE REQUIRED; GRANTING APPROVAL OF VARIANCE FROM SECTION 31-144(f) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A REAR YARD SETBACK FOR THE EASTERLY BUILDING OF TEN (10) FEET WHERE A SETBACK OF TWENTY-FIVE (25) FEET IS REQUIRED; GRANTING RELEASE OF A DECLARATION OF USE RECORDED JANUARY 15, 1971 IN OFFICIAL RECORDS BOOK 7031, PAGE 660, WHICH RESTRICTED THE USE OF LOTS 6 AND 7, BLOCK 34 OF HALLANDALE PARK TO SINGLE-FAMILY RESIDENCES; FOR PROPERTY LOCATED BETWEEN NE 213 STREET AND NE 214 STREET ON THE EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE DATE. and WHEREAS, the property described herein is zoned MO, Medical Office District; WHEREAS, the applicant, Aventura Office Park, LLC, through Application No. 04-VAR-01, is requesting the following: 1. A variance from Section 31-171 of the City's Land Development Regulations to allow 78 off-street parking spaces where 86 off-street parking spaces are required and 2. A variance from Section 31-144(f) of the City's Land Development Regulations to allow a rear yard setback for the easterly building of ten feet (10') where a rear yard setback of twenty-five feet (25') is required; and 3. A Release of a Declaration of Use recorded January 15, 1971 in Official Records Book 7031, Page 660 which restricted the use of Lots 6 and 7, Block 34 of Hallandale Park to single-family residences. Resolution No. 2001- Page 2 and WHEREAS, the City Commission has held a public hearing as provided by law; WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 04-VAR-99, requesting variance from Section 31-171 of the City's Land Development Regulations to allow 78 off-street parking spaces where 86 off-street parking spaces are required on property legally described as: Part of Lots 6 and 7 and all of Lots 1, 2, 3, 4, 5, 10, and 11, Block 33 together with Lots 1, 2, 3, 4, and the west 15 feet of Lot 5, Block 34, Hallandale Park according to the plat thereof, as recorded in Book 12, Page 37 of the public records of Miami-Dade County, Florida. A/K/A Between NE 213 Street and NE 214 Street on the east side of East Dixie Highway Aventura, Florida is hereby approved. Section 2. Application for variance from Section 31-144(f) of the City's Land Development Regulations to allow a rear yard setback for the easterly building of ten feet (10') where a rear yard setback of twenty-five feet (25') is required, is hereby approved, Section 1 and Section 2 approvals subject to conditions as follows: CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · "Aventura Office Park: Site Plan", Sheet A-l, prepared by Ben Lopez & Associates, Inc., dated 4/30/01, signed and sealed dated 06/04/01. Resolution No. 2001- Page 3 · "Aventura Office Park: Roof Plan", Sheet A-2, prepared by Ben Lopez & Associates Inc., dated 02/14/01, signed and sealed dated 06/04/01. · "Aventura Office Park: Elevations", Sheet A-3, prepared by Ben Lopez & Associates Inc., dated 04/30/01, signed and sealed 06/04/01. · "Aventura Office Park: Elevations", Sheet A-3.1, prepared by Ben Lopez & Associates Inc., dated 04/30/01, signed and sealed 06/04/01. · "Aventura Office Park: Elevations", Sheet A-3.2, prepared by Ben Lopez & Associates Inc., dated 04/30/01, signed and sealed 06/04/01. · "Aventura Office Park: Existing Conditions Plan", Sheet L-1 prepared by Ben Lopez & Associates Inc., dated 05/18/01, signed and sealed 06/04/01. · "Aventura Office Park: Landscape Plan", Sheet L-2 prepared by Ben Lopez & Associates Inc., dated 05/18/01, signed and sealed 06/04/01. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. The applicant shall install the following improvements: · Eight on-street parallel parking spaces along NE 214 Street. · A 5' wide concrete sidewalk around the perimeter of the site. · Curbing, gutter pan, drainage works along NE 213 Street and NE 214 Street adjacent to the site. · Street lighting along NE 213 Street, NE 214 Street and East Dixie Highway adjacent to the site. · Street landscaping on NE 213 Street, NE 214 Street and East Dixie Highway adjacent to the site. The applicant shall prepare an engineering plan and final estimate of cost detailing the installation of these improvements in a form acceptable to the City Manager and City Engineer prior to the issuance of building permits. The applicant shall post a surety bond or other similar instrument acceptable to the City Manager in an amount not to exceed $82,000.00 prior to the issuance of building permits, said bond to be returned to the applicant after the completion of the parking, curbing, lighting, drainage and landscaping improvements within the public right-of-way specified in Condition 3. The applicant shall obtain approval of Miami-Dade County Department of Environmental Resources Management respecting tree preservation and tree removal, prior to issuance of site plan approval for the development. 6. The applicant shall provide an executed Unity of Title, in a form to be approved by the City Attorney and City Manager, or replat the site, prior to issuance of a building permit for the development. Resolution No. 2001- Page 4 7. If the City Manager finds probable cause to believe that a disturbance has been created by the granting of the parking variance, then the property owner will be required to install a minimum of eight (8) on-street parking spaces in the right-of-way of NE 213 Street, adjacent to the property, in a manner to be approved by the City Manager and the City Engineer, at the owner's expense. 8. The applicant shall record this Resolution in the Public Records of Miami-Dade County, prior to the issuance of a building permit. All expenses shall be borne by the applicant. Section 3. A Release of a Declaration of Use recorded January 15, 1971 in Official Records Book 7031, Page 660 which restricted the use of Lots 6 and 7, Block 34 of Hallandale Park to single-family residences is hereby approved. Section 4. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001- Page 5 PASSED AND ADOPTED this 3rd day of July, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGALSUFFICIENCY: CITY ATTORNEY This Resolution wasfiledinthe Officeofthe City Clerkthis__ day of July, 2001. CITY CLERK MINUTES Aventura Government Center CITY COMMISSION MEETING ~e200 w. country Club Drive JUNE 5, 2001 6 PM Aventura, Florida 33480 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, Mayor Perlow, City Manager Eric M. Soroka and City Attorney David M. Wolpin. Commissioner Patricia Rogers-Libert and City Clerk Teresa M. Soroka were absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Burton Young led the pledge of allegiance. A motion to address agenda item 6 at this time was offered by Vice Mayor Cohen, seconded y Commissioner Holzberg and unanimously passed. 6. CONSENT AGENDA: At the request of Mr. Soroka, a motion to defer item 6-O to July 3, 2001 was offered by Vice Mayor Cohen and seconded by Commissioner Grossman. An amendment to provide that the deferral is subject to the receipt of written approval of the extension of time by AT&T was offered by Commissioner Beskin and seconded by Vice Mayor Cohen. The motion passed and item 6-0 was removed from the agenda. A motion for approval of the remainder of the Consent Agenda was offered by Vice Mayor Cohen, seconded by Commissioner Grossman, unanimously passed and the following action was taken: Minutes were approved as follows: May 1,2001 Commission Meeting May 24, 2001 Workshop Meeting B. Resolution No. 2001-27 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE MAY 15, 2001 MUNICIPAL SPECIAL ELECTION, AS CERTIFIED BY THE CITY CLERK AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2001-28 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING THE DEDICATION OF A DRAINAGE EASEMENT FROM AVENTURA MALL VENTURE TO THE CITY OF AVENTURA: AUTHORIZING THE CITY MANAGER DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. Resolution No. 2001-29 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF CRAVEN THOMPSON & ASSOCIATES, INC. TO PERFORM PROFESSIONAL CONSULTING SERVICES RELATIVE TO RFP NO. 01-5-04-2, GENERAL PROFESSIONAL ENGINEERING SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OFTHIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2001-30 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 ATFACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF FLORIDA CITY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 2001-31 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $29,000 FOR SPECIALIZED TRAINING, FORFEITURE EXPENSES, REMOVAL OF OLD POLICE DEPARTMENT SIGN, CRIME PREVENTION ACTIVITIES AND EQUIPMENT AND TRAINING EQUIPMENT 2 EXPENSES FROM THE POLICE FORFEITURE FUND ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. IN Resolution No. 2001-32 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 MARINER VILLAGE AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2001-33 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING PROCEDURES FOR THE APPOINTMENT OF MEMBERS TO ADVISORY BOARDS; AND PROVIDING AN EFFECTIVE DATE. The following motion was approved: MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION PACKAGE AS OUTLINED ON EXHIBIT "A". Resolution No. 2001-34 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION "EXHIBIT D" FOR COMMUNITY/RECREATION CENTER PHASE II ARCHITECTURAL AND ENGINEERING SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND BERMELLO, AJAMIL & PARTNERS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 2001-35 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2001/02 TO 2005/06; AUTHORIZING THE CITY 3 MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. M. Resolution No. 2001-36 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AVENTURA CORPORATE CENTER PLAT, BEING A REPLAT OF TRACTS C, D AND PART TRACT E, BISCAYNE WATERWAYS-FIRST ADDITION, PLAT BOOK 126, PAGE 18 AND LOTS 1-11 INCLUSIVE AND LOTS 37-42 INCLUSIVE, BLOCK 10, HALLANDALE PARK NO. 9 AND A PORTION OF NE 208 TERRACE BETWEEN BLOCKS 10 AND 11, HALLANDALE PARK NO. 9 AND A 10' ALLEY IN BLOCK 10, HALLANDALE PARK NO. 9, PLAT BOOK 23, PAGE 26, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. N. Resolution No. 2001-37 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF C.A.P. ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND REVIEW SERVICES RELATIVE TO ISQ NO. 01-4-19-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. O. The following motion was approved: MOTION TO AUTHORIZE CITY ATTORNEY AND CITY MANAGER TO PREPARE EMINENT DOMAIN RESOLUTION FOR ACQUISITION OF THE TEMPEST PARCEL, 3333 NE 188TM STREET. 3. ZONING HEARINGS: 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. Mr. Wolpin read the following resolution by title: 4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI-TENANT CENTER SIGN GRAPHICS CRITERIA FOR SlGNAGE AT LOEHMANN'S FASHION ISLAND SHOPPING CENTER LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET; PROVIDING FOR AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Perlow opened the public hearing. The following individuals addressed the Commission: Frank Colatosti, SEC Commercial Realty Group, Inc., 7050 W. Palmetto Park Road, Boca Raton, representing the applicant; and Arnold Rinker, 3375 N. Country Club Drive. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Berger. An amendment was offered by Commissioner Berger, seconded by Commissioner Beskin and unanimously passed to clarify in condition 11 that any redevelopment, demolition or expansion of the floor area of the center will invalidate the approval, unless approved by City Commission. An amendment was offered by Commissioner Grossman and seconded by Vice Mayor Cohen to provide for portable signs for restaurants only; limit grand opening banners to 14 days; prohibit neon signs; limit special event signs to 14 days prior to the event; and no window signs on door panes. The amendment failed, 2-4, with Commissioner Grossman and Vice Mayor Cohen voting yes, and Commissioners Berger, Beskin, Holzberg and Mayor Perlow voting no. An amendment to attach the criteria package as an Exhibit to the resolution was offered by Commissioner Beskin, seconded by Commissioner Berger and unanimously passed. The motion, as amended, passed 4-2, with Commissioner Holzberg and Vice Mayor Cohen voting no and Resolution No. 2001-38 was adopted. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: Certificates of Appreciation were presented to members of the Charter Revision Commission. 7. ORDINANCES - FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" - ARTICLE III "ADVISORY BOARDS" TO REPEAL DIVISION 2 "BEAUTIFICATION ADVISORY BOARD" AND DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY BOARD"; AND REPLACE THEM WITH NEW DIVISION 2 5 ENTITLED "COMMUNITY SERVICES ADVISORY BOARD"; PROVIDING FOR CREATION; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Grossman. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABIMTY, INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Cohen. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. PUBLIC HEARING: 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 34 "PLANNING AND ZONING", AMENDING ARTICLE II "QUASI-JUDICIAL MATFERS" TO REPEAL 34-31 "EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION 34-32 "HEARING PROCEDURES," AND REPLACE WITH NEW SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI-JUDICIAL DEVELOPMENT ORDERS; RENUMBERING EXISTING SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO BECOME SECTION 34-40; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Berger and seconded by Commissioner Holzberg. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2001-06 was enacted. 6 B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 26 ENTITLED "ELECTIONS", BY AMENDING ARTICLE I. "IN GENERAL" SECTION 26-1 "CANVASSING OF ELECTION RETURNS; CERTIFICATES OF ELECTION" TO PROVIDE FOR ADDITIONAL INDIVIDUALS TO SERVE WITH THE CITY CLERK IN THE CANVASSING OF ELECTION RETURNS A motion for approval was offered by Commissioner Grossman and seconded by Vice Mayor Cohen. Mayor Perlow opened the public hearing. Them being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2001-07 was enacted. 9. RESOLUTIONS: None. 10. OTHER BUSINESS: None. 11.PUBLIC COMMENTS: The following individual addressed the Commission: Mr. Brodsky. 12. REPORTS: As presented. 13. 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 8:15 p.m. Teresa M. Soroka, CMC, 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 FORM 8B., MEMORANDUM OF VOTING ,CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS Perlow, Jeffrey M. 19200 W. Country Club Drive Miami-Dade Aventura June 5, 2001 City CommJ ssion City of Aventura WHO MUST FILE FORM 8B Thie form is for use by any person aerving at tbe county, city, or other local toval of government on an appoin~d or elected boant, council, commission, autho~'ity, or committee. It applies equally to members of advisory mid non-advisory bodi~s who are preaented wjt~ s voting ~onffi~ ofintore~t un~r ~s~ci~ 11~.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you haw a conflict of intereot will vary greedy depending on whether you hold an elaelive or appointive po~ition. For thio reason, please pay clo~e attention to I:he instu-uc~ions on this focrn before cornplerlng the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A porsea holding elective or appointive county, municipal, or other local public off]ce MUST AB._qTAIN from voting o~ a mma~ure which inures to his or her ~yeeial privat~ gain or loss. E~ch el~ ~r appointed loral officer also is prohibited from knowingly voUnl: ola a measure whic~ inures te tbe spatial gain or 10am of a principal (other than u government agency) by whom he or she is re~ained (inchidlng the parent organization or sub. diary of a corporate princip~ hy which he or she is retained); to the special private gain or lo~e 0i' a rslati~; or to the special privat~ gain or lose oi' u business associate. Commissioners of community redevelopment Itgencioe ureter l~e. 163~156 or 161L357, F~.. and offic~ of independent special ~ax dietricts al~t~i ~m a one-sas, on.-vote l~.im am no~ pro- ~u3aited from voting in that capacity. For purpose of this law. a '~lative' includes ~nly the officer's father, mother, son, daughter, husband, wife, brsth~r, sieur, father- in-law, mother-in-law, son-in-law, and dau~hter4n4aw. A 'busin~u aas~eiato" m~um any pareoa or entity engaged in or ~arrying on a businesa snU~q~is~ with the off]cur as a partosr, joint v~nimrar, coow~r ~ property, or corporat~ s}mare]aol¢ler (whore the shares of th4t cm-porat~ou m~e not Itel~md on a~ty nmti~ml or l*eg~onal ~ck exchange). ELECTED OFFICERS: ~n m~tio~l to aSwt~ll~ng from voting in thru dtuat~onm ~ribed above, you must d~sclo~e the coflflJct: PRIOR TO THR VOTE BEING TAICRN by publicly stating to the assembly the nature of your interest in tl~ measure on whiah you a~e a)~g~hling fronl votilmg; ~nd WITHIlq 15 DAYS AFTER TH~ VOTE OCCURS by complstlng and filing this form with the par~on responsible for reeor.ling ~tm minutes of the m~ting, who dmuld inter-pontus the foe in the minute. You mu~ ~l~stain from voting a~d di~leso the conflict in tim situations d~ribed above and in the manner described for elected offi- cers_ In order to participate In thes~ matts, s, you must di~e]o~ th~ haters of the co~fllct hereto making any att~mp~ ~o infiuenc~ tho de~ision, wh~tber orally or in writing and whether made by you or at your direction. IF YOU IHTEN'I] TO MAKE ANY ATTEMI~ TO INFLUENCE THE DECISION PRIOR TO TH~ MI~ETING AT WHICH THE VOTIil WILL BE TAKEN: · You mus~ cornp]et~ aha file thi~ form 0~fore making any uttornp~ to influence the dedaion/with the person rsSP°nsible for receding ti~ minutes of the meeting, who will incorlmorato tbs form itl the minutes_ · A copy of ~he form must be provided immodlately to the other members of the agoncy. · Tho form muat be read publicly at the n~x~ meeting otter the form i~ filM. CE FORM 88 - REV. 1/95 PAGE 1 IF YOU MAKE NO A~I'FMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You mu~; dia~lo~ oral]y t,h~ rta~urv of your ~.dl/¢~ in the m~a~ur~ I~for~m {u~ticipati-ng. - You must complet~ th® farm a~d t~le it wi~hln 1S ~lays a/~r ~ha vote occurs with tha person respenglb|~ for rocordinE t~e minutes of the meatier, who mu~t ineorpoeate the form in tho minute~ A copy of the form mu~ 1~ provi&ed immed/atoly to tha ot~er membel~ (~ the a~ency, ~Tld the form must he ~ publicly at tho n®xt meeting al~er the form is fil~d. DI,,~'~..OSURE OF LOCAL OFFICER'S INTEREST I, Jeffrey M. Perlow ,h~reby~s¢lo~thaton June 5. 2001 (s) A measure came or w/ll emne before my a~ency which (chack one) .. inured co my apedal pr/yarc cain or l~ee; inured co the special &,~in or I~es of my businoss associate, inured co the ~pecial gain or loes ol'my relative, intrred to the ape~l ~ain or I~ ac' wh~rn [ ant retained; or inured to the ap~ial ~ain or loss of is the parent or&m~zation or ~I~e/~ry of a plincipal which has retained me. (b) The meeaure bafat'e my a~ency ~n& the nature of my confhcting interest in the measure is u follows: · 19 : _, w~uch I abstained from voting on Agenda Item 6M for the reason that my law office is located in the office building which is within the area of the plat. NOTICE: UNDER PROVISIONS OF FLORIDA STATI. ITE$ §112,s17, A FAILLIRE TO MAKE ~ REQUII~D DISCLO- SURE CONSTITI~T,c-S GROUNDS FOR AND MAY BE pUNISHED BY ONE OR MORE OF THE FOLLOWING: II~PEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE. OR EI~PLO~, DEMOTION, REDUCTION IN SAI~RY, REP~, OR A CIVIL PENALTY NOT TO EXCEED $10,000. MINUTES Government Center CITY COMMISSION MEETING 19200 west Country Club Drive JUNE 20, 2001 9 AM Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorneys David M. Wolpin and Mitchell Bernstein. As a quorum was determined to be present, the meeting commenced. 2. RESOLUTIONS: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA FINDING THAT THE ACQUISITION OF PRIVATE PROPERTY SERVES A PUBLIC PURPOSE AND IS NECESSARY FOR ESTABLISHING AN ELEMENTARY CHARTER SCHOOL; AUTHORIZING THE CITY ATTORNEY TO INITIATE EMINENT DOMAIN PROCEEDINGS; AUTHORIZING THE CITY ATTORNEY TO RETAIN EXPERT WITNESSES AND CONSULTANTS AND TAKE FURTHER ACTIONS THAT ARE REASONABLY REQUIRED TO ACQUIRE THE PRIVATE PROPERTY DESCRIBED IN EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert. The motion for approval passed 6-1, with Commissioner Berger voting no and Resolution No. 2001-39 was adopted. 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 9:20 a.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ,2001. 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. MINUTES Aventura Government Center COMMISSION WORKSHOP MEETING 19200 w. country Club Drive JUNE 20, 2001 9:20 AM Aventura, Florida33180 The meeting was called to order at 9:20 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, 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. PLC SITE CONCERNS (CITIZEN PRESENTATION): Bob Diamond and Jan Brooks made a presentation in opposition to the location of a PLC at the Williams Island location currently being considered. The following individuals spoke to this issue: Arthur Jercowicz, Williams island; Neal Phin, Williams Island; Charles Farick, Biscayne Cove. CITY MANAGER SUMMARY: No action necessary. AVENTURA CULTURAL CENTER FOUNDATION: Mr. Wolpin explained the Articles of Incorporation prepared for consideration for this Foundation. CITY MANAGER SUMMARY: Document to be revised in accordance with Commission's suggestions. Examples of similar documents to be provided to Commission. To be discussed at August Workshop meeting. CITY MANAGER'S REPORT: Mr. Soroka distributed proposed application packages for advisory boards; he updated Commission on recent legislation signed/vetoed by Governor regarding Charter schools, Formosan termites, condemnation process for schools and grants applied for. Community Services Director Robert M. Sherman distributed and reviewed proposed Founders Day program. CITY MANAGER SUMMARY: Consensus to approve program for Founders Day as presented. LAND DEVELOPMENT CODE ISSUES: Community Development Director Brenda Kelley discussed possible amendments to the Land Development Regulations. CITY MANAGER'S SUMMARY: Report to be revised as to Section 1 (parking structures) in accordance with Commission's recommendations and addressed at next Workshop Meeting. No action to be taken on Section 2 (religious facilities). Consensus to revisit the issue of signs on condominiums/homeowners associations. LEHMAN CAUSEWAY/BISCAYNE CROSSING (Commissioner Grossman): Commissioner Grossman suggested requesting FDOT to revisit the issue of an at-grade crossing of the FEC Railroad at Biscayne Blvd./Lehman Causeway. CITY MANAGER SUMMARY: No action to be taken. REP. GELBER OFFICE SPACE REQUEST: Mr. Soroka distributed correspondence from Rep. Gelber requesting office space in Government Center. CITY MANAGER SUMMARY: Consensus that City Manager provide Commission at July Workshop a cost analysis to build out shell space to serve as a meeting room to be shared by local/state/federal representatives. 6. AMERICA TEVE 41 (Mayor Perlow): Mayor Perlow requested consensus of Commission as to how they would like to respond to America TeVe41's request for support and assistance to keep their station on air. CITY MANAGER SUMMARY: Consensus not to comply with their request. o PROPOSED DISCLOSURE LEGISLATION (Vice Mayor Cohen): Vice Mayor Cohen distributed disclosure legislation presently being considered by City of. Weston for Commission consideration. CITY MANAGER SUMMARY: City Attorney to revise ordinances in accordance with Commission's suggestions for further discussion at July Workshop. PROCLAMATIONS (Vice Mayor Cohen): Vice Mayor Cohen discussed procedures for individual meetings of Commissioners with the public regarding City business and the need to notify Commissioners in advance and whether or not to require attendance of City Manager. Commissioner Cohen also requested the names of Commissioners be listed on all proclamations. CITY MANAGER SUMMARY: Consensus that City Attorney to prepare legislation to provide that when Commissioners individually speak to any group regarding City business, the City Manager, or his designated representative, should be present. Consensus not to include individual Commissioner's names on proclamations, except when a proclamation is to be physically presented by a Commissioner that it be so stated in the proclamation. 10. CITY CHOIR (Commissioner Ber.qer): Commissioner Berger advised Commission that he has previously discussed the issue of a City Choir with 18 interested individuals and would like the Commission's approval to proceed. CITY MANAGER SUMMARY: Consensus that items brought before the Commission should not be discussed with the public prior to presenting to the Commission for approval. Commissioner Berger to develop outline for Choir and bring back for Commission consideration. Thera being no further business to come before the Commission, the meeting was adjourned at 2:05 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ., 2001. 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. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission r,c Antonio F. Tomei,-Capital Prejects Manager June 15, 2001 Bid No. 01-05-18-2, NE 34th Avenue Roadway Resurfacing July 3, 2001 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 01-05-18-2, NE 34th Avenue Roadway Resurfacing to the lowest responsible and responsive bidder, Community Asphalt Corporation, for the price of $91,405.00. This project is included in the Capital Improvements Program. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on May 18, 2001. The City received three (3) bids for this project. The bids submitted are as follows: Community Asphalt Corporation H & R Paving, Inc. Pan American Construction, L.P. $91,405.00 $95,0OO.O0 $96,396.00 This bid price provides for the milling and resurfacing of NE 34th Avenue between NE 207th Street and North Country Club Drive. In addition, some minor drainage improvements together with placement of an illuminated street name sign are part of the project. If you have any questions or need any additional information, please feel free to contact me. Attachments RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-05-18-2, NE 34TM AVENUE ROADWAY RESURFAClNG PROJECT AT THE BID PRICE OF $91,405.00. 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 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. 01-05-18-2, Community Asphalt 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 Community Asphalt 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: Section1: That bid/contract for BID NO. 01-05-18-2, NE 34th Avenue Roadway Resurfacing Project, is hereby awarded to Community Asphalt Corporation in the amount of $91,405.00. Section 2: The City Manager is hereby authorized to execute, on behalf of the Resolution No. 2001-__ Page 2 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- Road Resurfacing Line Item No. 001-8050-541-6305 and Safety Improvements Line Item No. 001-8050-541-6303. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-__ Page 3 PASSED AND ADOPTED this 3'd day of July, 2001, ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SECTION 0O400 BID FORM (e) (f) (g) (h) obtaining and carefully studying) M1 such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. This Bid is genuine and not made in the interest of or on behalf of any undisclosed · · · ' ' any agreement person, firm or corporation and ~s not subrmtted in conforrmty w~th or roles of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. 00410-2 As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: ~ ~ cents L~ S~ (Written Tot~ Bid Price) Telephone Facsimile Number Attention: 5. BIDDER agrees that the work will be complete in full within 120 calendar days from the date stipulated in the Notice to Proceed. 6. Communications concerning this Bid shall be addressed to: BIDDER: OOMMUNITY ASPHALT CORP, Address: IqO0-~ N O) I~'4m ~--.~'~ 7. The terms used in this Bid which are defined in the general Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY I ~ 4,~ [~, 20 D I 00410-3 SCHEDULE OF VALUES FOR LIfMP SUM CONTRACT References Section 01327 01500 01550 01660 Quantity GENERAL REQUIREMENTS Description Field Engineering Temporary Facilities Traffic Control Facility Testing Unit Unit Price Extended Cost $ Z2, ~,c:o,-$ References Section 02224 Quantity ~ctcxD DEMOLITION Description Paving Removal (Milling) Unit SY Unit Price Extended Cost $ ~-~ $ ctsoo ~ References Section 02319 02332 Quantity t© ~O EARTHWORK Description Excavation for Paving Select Embankment Unit CY CY Unit Price Extended Cost 00410 - 4 References Section 02725 02741 02746 02746 Quantity PAVING Description 8 Inch Limerock Base Prime Coat 2 Inch Max. Type S-I Asphalt Concrete 3/4 Inch Type S-1I[ Asphalt Concrete Unit SY GAL SY SY Unit Price Extended Cost 0 $ Cb $ References Section 02762 02762 02762 02766 02766 02766 02890 02890 02890 02890 Quantity © PAVEIVI~NT MARKING AND SIGNS Description Unit Unit Price 12" White LF $ Thermoplastic Stripe 24" White LF $ Thermoplastic Stripe White Thermoplastic EA $ Directional Arrow A/A RPM EA $ Cm RPM EA $ ~-- FH RPM EA $ WI1 - 2 Sign and Post EA $ R10-6 Sign P~st EA $ Ri-1 30 x 30 Sign Post EA $ Ri-1 18x 18 Sign Post EA 0 00410 - 5 Extended Cost $ $ $ ~ ¢.'~-. ~ $ $ 0 $ o $ o 0 By: By: A CORPORATION COMMUNITY ASPHALT CORP. (Corporation Name) (Name of Person Authc~ed to Sign) (Title) (Corporate Seal) Attest: Business address: 00410-7 CITY OF AVENTURA CITY MANAGERS OFFICE MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission/%./'~/ Eric M. Soroka, City/,l?/a~'agE Antonio F. Tomei, CaC~" I P ~'~ T~.J i~ acts Manager June 25. 2001 Bid No. 01-06-22-11, NE 213t~ Street Beautification Improvements July 3, 2001 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 01-06-22-11, NE 213th Street Beautification Improvements to the lowest responsible and responsive bidder, Vila and Son Landscaping Corporation for the price of $589,000.00. This project is included in the Capital Improvements Program. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on June 22, 2001. The City received three (3) bids for this project. The bids submitted are as follows: Vila & Son Landscaping Corp. Recio & Associates MCO Environmental, Inc. $589,000.00 $792,000.00 $806,880.00 This bid price provides for the construction of landscaping and street lighting improvements within the NE 213th Street right-of-way from Biscayne Boulevard to NE 34th Avenue. City Commission July 3, 2001 Page Two The recommended bid is within the amount included in the budget. If you have any questions or need any additional information, please feel free to contact me. AFT Attachments RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-06-22-11, NE 213TM STREET BEAUTIFICATION IMPROVEMENTS, TO VlLA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $589,000.00 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 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. 01-06-22-11, 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: Section1: That bid/contract for BID NO. 01-06-22-11, NE 213th Street Beautification Improvements, is hereby awarded to Vila & Son Landscaping Corporation in the amount of $589,000.0. Section 2: The City Manager is hereby authorized to execute, on behalf of the Resolution No. Page 2 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's. 001-8050-541-6301 and 001-8050- 541-6307. .Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by , who moved its adoption. The motion was seconded by and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M, Perlow Resolution No. Page 3 PASSED AND ADOPTED this 3rd day of July, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMO CITY CLERK APPROVED AS TO LEGALSUFFICIENCY: CITY ATTORNEY THIS BID IS SUBMITTED TO: City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 SECTION O0410 BID FORM The undersigned BIDDER proposes end agrees, if this Bid is accepted, to enter into an agreement with The City of Aventura in the form included in the Contract Documents to perform and fumish ail Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordence with the other terms end conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER' S, including w/thout limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents end of the following Addenda (receipt of .]lINE 13, 2001 (b) (c) (d) all which is hereby acknowledged.) Addendum No. 1 Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: BIDDER has familiarized themselves with the nature end ex-tent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. BIDDER has studied carefully all reports end drawings of subsurface conditions and drawings of physical conditions. BIDDER has obtained and carefully stud/ed (or assumes responsibility for obtaining and carefully 00410-I studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER. for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance w~th the other terms and conditions of the Contract Documents. (f) BIDDER has correlated the results of ali such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDERhas given Consultant written notice of all conflicts, errors, discrepancies that ithas discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules nfany group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date, As such the Contractor shall furnish ali labor; materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: 00410-2 SLrBIvI1TTED TI-lIS DAY BASE BID: FIVE HUNDRED THIRTYNINE 'I~HOUSAND DOLLARS .... dollars and ZERO cents LUMP SUM (Written Total Base Bid Price - From Schedule Of Values, Page 00410-6) (EXCLUDES ONI~RS ALLONANCE) BIDDER agrees that the work will be complete in full within 180 calendar days fi:om the date stipulated in the Notice to Proceed. Communications concerning this Bid shall be addressed to: BIDDER: VILA & SON LANDSCAPING CORP. Address: 20451 SW 216 ST 1.1IAMI, FL 33170 Telephone Facsimile Number 305-909-00/*6 Attention: R Tff. ARBO The terms used in this Bid which are defined in the general Conditions of the Cons*auction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. 00410 - 3 SCHEDULE OF VALUES FOR LUM~ SUM CONTRACT BASE BID N.B. 213m STREET LANDSCAPE IlVtPROVEMENTS GENERAL REQUIREMENT References Description Unit Unit Price Section 01327 Field Engineering LS $ 500.00 01452 Material Testing LS $ 100.00 01500 Temporary Facilities LS $ 2,500.00 01550 Traffic Control LS $ 16~215.00 DEMOLITION References Description Unit Unit Price Section 02222 Right of Way Preparation LS $ 9,000. O0 02222 Remove Existing Concrete Sidewalk SY $ 15- 00 02222 Remove Existing Curb and Gutter LF $ 5.00 02222 Remove existing Top Soil in Medians CY $ 10.00 PAVING References Description ' Unit Unit Price Section 02774 Type 'F' Curb and Gutter LF $ 9.50 02764 4" Thermoplastic Stripe LF $ 1.00 02766 Asphalt Restoration SY $ 20. O0 03000 4" Concrete Sidewalk SY $ 30. O0 00410-4 IRRIGATION References Description Unit Unit Price Section 02810 Irrigation LS $ 37,500.00 LANDSCAPE References Description Unit Unit Price Section TREES and PALMS 02900 Calophyllum Brasiliense (Brazilian Beauty EA I $ 200.00 02900 Phoenix Dactilifera 'MedjooI', 14' c.t. EA $ 5,075 o 00 (Medjool Date Palm) 02900 Quereus Virgin~na (Live Oak) EA $ 905. O0 SHRUBS and GROUNDCOVER 02900 c~,,li~,,,~ v~,q~*,~,,~ 'o.~t4 Du&t' EA $ ?. 50 ~q~ COIqPACTA 02900 Euphorbia Milii (Dwarf Cro~ of Thorns EA $ 8.50 02900 Ficus Microcarpa 'Green Island' (Weeping EA $ 9.50 Fig) 02900 Jasminum Volubile (Wax Jasmine) EA $ 7.50 02900 Pittospomm Tobira 'Variegata' EA $ 8.00 (Variegated Pittosporum) 02900 Scheffiera Arboricola 'Trinette' EA (Dwarf Scheffiera) 8.50 02900 St. Augustine 'Floratam' sod SF $ 0.35 02900 Landscape Maintenance LS $ 600.00 02900 Weed Barrier Cloth SF $ 0.20 02900 Planting Soil in Place CY $ 25. O0 02910 Relocate Black Olives EA $ /410.00 00410-5 ELECTRICAL References Description Unit Unit Price Section 16050 Service Rack EA $ 17,900.00 16050 FPL Costs LS $ 2,860.00 16050 Type A Fixture Assembly EA $ 4,940.00 16050 Type A Fixture Assembly with Banner Arm EA $ 5,880.00 16050 Type B Fixture Assembly EA $ 7~ 185.00 16050 Type B Fixture Assembly with Banner Arm EA $ 7~q85.00 16050 Concrete Pull Box EA $ 1,485.00 Conduit & Wire 16050 2#8, l#SGnd-l" LF $ 10.45 16050 4#8, l#SGnd-l" LF $ 11.00 16050 44t2 -2" LF $ 17.00 16050 2#12, lgl2Gnd - 3/4" LF $ 8.50 16050 2#10, l#10Gnd~l" LF $ 8.80 16050 1" withPull string LF $ 3.05 16200 Directional Bore LF $ 35.00 ALLOWANCES References Description Unit Unit Price Section 01210 Owners Allowance LS $50,000.00 TOTAL OF BASE BID $ 539,000.00 TOTAL OF BASE BID PLUS ALLOWANCE $ 589,000.00 00410-6 A CORPORATION By: By: VILA & SON LANDSCAPING CORP. (Corporation Name) ,~ (~of Incorporation) ~.~, RICARDO LEAl. amc of Person Authorized to Sign) Attest: VICE-PRESIDEI~ (Title) 3IJAN C. VILA (President) Business address: 20451 SW 216 ST MIAMI, FL 33110 Phone No: 305-255-9206 Facsiadte No: 305-909-0046 00410 - 9 CITY OF AVENTURA TO: FROM: DATE: SUBJECT: OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ~/ Eric M. Soroka, Cit~e~ ~.(~ [ June 14, 2001 ~ \ Recommendation to Select Firm for Community Recreation Center & Construction Management Services With Guaranteed Maximum Price July 3, 2001 City Commission Meeting Agenda Item ~ ,/~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which ranks the construction firms to perform Construction Management Services (CMS) with a Guaranteed Maximum Price (GMP) relative to the Community Recreation Center project. The Resolution ranks the firm of James A. Cummings, Inc. as the recommended company of the Review Team and authorizes the City Manager to negotiate a contract and GMP. BACKGROUND As previously authorized, the City issued an Invitation to Submit Qualifications (ISQ) for qualified firms to provide Construction Management Services with a Guaranteed Maximum Price relative to the Community Recreation Center project. A Review Team consisting of the Finance Support Services Director, Community Services Director, Capital Projects Manager and the City Manager was formed to receive and evaluate the proposals and interview firms to prepare a recommendation to the City Commission. The following is a brief summary of the action taken by the Team to arrive at our final recommendation: An ISQ advertisement requesting Construction Management Services with a Guaranteed Maximum Price was placed in the newspaper and distributed to the vendor list. Memo to City Commission Page 2 2. On May 11,2001, proposals were publicly opened from the following firms: Dooley & Mack Constructors, Inc. Danville Findorff James A. Cummings, Inc. Stobs Brothers Construction Co. Jasco Construction Company, Inc. Grace & Naeem Uddin, Inc. A shortlist of the following firms was developed and representatives for the firms were interviewed by the Team on June 7, 2001: Dooley & Mack Constructors, Inc. James A. Cummings, Inc. Stobs Brothers Construction Company Based on extensive presentations, interviews and the criteria outlined in the ISQ, each Team member ranked the firms independently and then reached a decision to recommend one firm to the City Commission with one alternate that would be called upon, should we fail to reach favorable terms with the top ranked firm. A contract to establish the construction management, overhead and profit fee will be negotiated with the recommended firm. Based on the process, which was very competitive, the Team recommends the firm of James A. Cummings, Inc. be ranked number one and the City Manager be authorized to commence negotiations. The Team recommends that the firm of Dooley & Mack Constructors, Inc. be ranked second and be called upon in the event we cannot come to favorable terms with the number one ranked firm. James A. Cummings, Inc. is a full-service professional construction management firm that is one of the biggest in South Florida. They have expertise in building similar structures, including the gymnasium and other athletic components of the building, as well as site development and special permitting requirements that are inherent in sites that border water. This firm was also the Construction Manager at Risk for the Government Center. They also have performed work for several municipalities in similar construction projects. Memo to City Commission Page 3 Now that the Team has completed its work, the following actions are necessary to complete the process: Adopt the attached Resolution, which serves three (3) specific purposes. First, it ranks the firms. Second, it authorizes the City Manager to negotiate the contract and GMP. Third, it establishes another firm as an alternate, should we be unable to reach favorable terms with the selected firm. 2. After the contract is negotiated, it will be presented to the City Commission at the next meeting. Copies of all proposals are available for your inspection in the City Manager's Office. Should you have any questions, please feel free to contact me. EMS/aca CC0987-01 BIDDER CITY OF AVENTURA BID TABULATION COMMUNITY/RECREATION CENTER CONSTRUCTION MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE AT RISK OPENING AT 2:00 PM ON MAY 11, 2001 Financial STRUCTURE FORM 254 FORM 255 Statement 1 Danville - Findorff 2811 S.W. 70 Ave. Miami, FL 33155 (305) 262-9337 Joint Venture Yes Yes Yes Yes 2 Oooley & Mack Constructors, Inc. 11971 N.W, 37 St. Coral Springs, FL 33065 (954) 345-8288 R.D Haitiwanger Corporation Yes Yes Yes Yes 3 Grace & Naeem Uddin, Inc. 5532 N.W. 72 Ave. Miami, FL 33166 (305) 887-6227 Naeem Uddin Prime/Sub Yes Yes Yes Relationship Yes 4 Jasco Construction Company, Inc. 133117 S.W. 124 St. Miami, FL 33186 (305) 234-6449 Esteban L Suarez Corporation Yes Yes Yes Yes 5 James A. Cummings, Inc. 3575 N.W. 53 St. Ft, Lauderdale. FL 33309 (954) 733-4211 Michael F. Landault Corporation Yes Yes Yes Yes 6 Stobs Bros. Construction Co. 580 N,E. 92 Si. Miami Shores, FL 33138 (305) 751-1692 J. Robert Stobs, II Corporation Yes Yes Yes Yes CITY OF AVENTURA INVITATION TO SUBMIT QUALIFICATIONS FOR Community/Recreation Center Construction Management Services with Guaranteed Maximum Price at Risk ISQ# 01-5-11-2 Government Center 19200 West Country Club Drive Aventura, Florida 33180 INVITATION TO SUBMIT QUALIFICATIONS ISQ #01-5-11-2 CITY OF AVENTURA COMMUNITY/RECREATION CENTER CONSTRUCTION MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE AT RISK Interested firms should call Jeff Shields at (305) 466-8925 to make arrangements to pick-up the Invitation to Submit Qualifications package. The ISQ's will be opened at the following location: City of Aventura Government Center Office of the City Manager 19200 West Country Club Drive Aventura, FL 33180 Submittals must be received no later than May 11th at 2:00 P.M. and clearly marked on the outside "COMMUNITY/RECREATION CENTER CONSTRUCTION MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE AT RISK." Late submittals will not be accepted. City Manager ~.~ INVITATION TO SUBMIT QUALIFICATIONS SUBJECT: OPENING DATE & TIME: SUBMIT TO: ISQ NUMBER: Community/Recreation Center Construction Management Services With Guaranteed Maximum Price at Risk May 11, 2001 @ 2:00 P.M. Office of the City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 01-5-11-2 I. GENERALINSTRUCTIONS A. The response must be submitted in a sealed envelope addressed to: Office of the City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 On the outside of the sealed envelope, include the following: "ISQ 01-5-11-2" B. Six (6) copies of the response must be included inside the sealed envelope. C. The response must contain a manual signature of an authorized representative of the responding firm. D. Any questions concerning the request for qualifications should be directed to the City Manager, Eric M. Soroka at (305) 466-8910. E. Response must arrive at the address in Item I.A., no tater than 2:00P.M. on the response due date. F. Responses received after the scheduled receipt time will be marked "TOO LATE" and will be returned unopened to the submitter. [SQ 01-5-11-2 PAGE 1 G. The City is not liable for any costs incurred by the submitter prior to the issuance of an executed contract. H. Firms responding to this ISQ must be available for presentations/interviews to the selection Committee. I. The contents of the proposal of the successful firm will become part of the contractual obligations. J. Proposals should respond to each item noted in III and IV in the order noted. K. Proposals must be typed or printed. All corrections made by the submitter prior to the opening must be initialed and dated by the submitter. No changes or corrections will be allowed after proposals are opened. II. PROJECT DESCRIPTON INTENT The City of Aventura, Florida is inviting the submission of qualifications from qualified firms to provide construction management services for the construction of a new Community/Recreation Center and all related park site development BACKGROUND The City of Aventura is planning to construct a new Community/Recreation Center. The City desires to contract for construction management services at risk as soon as possible. Construction will commence on or about September 1, 2001. The City of Aventura is approximately 3.2 square miles with a population of 25,000. The City is in the process of designing a 22,000 square foot Community/Recreation Center and related park development. The building will contain the following components: [] Gym r~ Computer Lab E] Fitness Room r~ Aerobics Room r~ Multi-purpose Meeting Rooms and Lobby The park will contain extensive landscaping, covered walkways, court areas and shoreline improvements. ISQ 01-5-11-2 PAGE 2 The firm of Bermello, Ajamil & Partners, Inc. will provide architectural services for the design and preparation of design criteria package for the project. The construction manager will be required to work with the architect to develop design plans and building materials. GMP at risk shall be provided by the construction manager at the completion of 50% construction document phase or as outlined in the contract for services. III. REQUIRED SUBMITTALS Please submit the following information, with responses numbered accordingly, on 8.5" x 11" sheets: A. Business Structure (Corporation, Joint Venture, Partnership); proper incorporation by the Secretary of State and current Florida Professional Registration Certificate for general contractor certification; name, address and telephone number of firm. B. Financial Statement - This statement will be an audited report with comments and not older than one (1) year. If the most current report has not yet been audited, the previous audited report with comment shall accompany the most recent financial statement. C. Submit Forms 254 and 255 D. Years in business. E. Express the general and specific project related capability of the in-house staff, and indicate the adequate depth and abilities of the organization, which it can draw upon as needed. Give brief resumes of key persons to be assigned to the project including, but not limited to: 1) Name and title 2) Job assignment for other projects 3) Percentage of time to be assigned full time to this project 4) How many years with this firm 5) How many years with other firms 6) Experience a) Types of projects b) Size of projects (dollar value & SF of project) c) What were the specific project involvements 7) Education 8) Active registration 9) Other experience and qualifications that are relevant to this project 10) Note which projects were fast tracked ISQ 01-5-11-2 PAGE 3 F. Total Technical Staff - Technical staff shall be those persons proposed to be associated with the implementation of this project: project managers, engineers, supervisors, estimators, etc. Describe the capabilities of your staff to provide the technical assistance services required for: 1) Options analysis 2) Design review 3) Budget estimating 4) Value engineering 5) Life cycle cost analysis 6) Construction scheduling 7) Quality control (Design & Construction) 8) Constructability analysis 9) Cost control 10) Change Order negotiation 11) Claims management 12) Project close-out 13) Transition planning 14) Security systems G. Similarly, the ability and experience of the on-site staff will be evaluated with specific attention to project related experience. Give brief resume of the on-site staff to be assigned to the project including, but not limited to: 1) Name and title 2) Job assignment for other projects 3) Percentage of time to be assigned full time to this project 4) How many years with this firm 5) How many years with other firms 6) Experience a) Types of projects b) Size of projects (dollar value & SF of project) c) What were the specific project involvements 11) Education 12) Active registration (P.E., G.C. etc.) 13) Other experience and qualifications that are relevant to this project 14) Note which projects were fast tracked H. Show the organization chart as it relates to the project indicating key personnel and their relationships. It should be understood that it is the intent of the City of Aventura to insist that those indicated as the proiect team in this ISQ response actually execute the proiect. ISQ 01-5-11-2 PAGE 4 I. Develop a chart of individual staff members to be assigned responsibilities and appropriate number of days to be provided for each staff member. J. List the projects which best illustrate the experience of the firm and current staff which is being assigned to this project. (List no more than 10 projects, nor projects which were completed more than 10 years ago). 1) 2 3 4 5 6 7 8 9 10 Name and location of the project The nature of the firm's responsibility of this project Project owner's representative name, address and phone number Project user agency's representative name, address and phone number Date project was completed or is anticipated to be completed Size of project (gross SF of construction) Cost of project (construction cost) Work for which the staff was responsible Present status of this project Project Manager and other key professionals involved on listed project and who of that staff that would be assigned to this project K. The firm's scheduling system and cost control system should be described. Methods for assuring subcontractors adherence to schedule should be highlighted. A comparison of the firm's project profile should indicate their ability to hold to original schedules and budgets. 1) Do you use or provide computer generated schedules for the management of construction? 2) To what level of detail should a construction schedule be defined? How do you schedule the processing of shop drawings? 3) How do you coordinate development of schedule information from subcontractors? 4) State experience in handling crew loading and coordinated construction scheduling. 5) State experience in cost loading of schedules. 6) Attach a sample schedule which best illustrates your overall scheduling capabilities. L. Distance from site - location in miles of the proposed operating office to the project site to be listed. M. Name the person in charge of the proposed project. Please note, to receive further consideration, at least one person assigned to this project must, within the past five years, have conducted or assisted in the design and construction of comparable facilities. N. If a joint venture or prime/subcontractor arrangement of two firms, indicate how the work will be distributed between the partners. ISQ 01-5-11-2 PAGE 5 O. Describe how the organizational structure will ensure orderly communications, distribution of information, effective coordination of activities and accountability. P. Describe the functions and capability of your computer-based project management and information system. Q. General and professional liability insurance company name and extent of coverage. R. Describe and explain any litigation, major disputes, contract defaults and liens in the last ten years. S. Letters of recommendations from clients and architects firms within the last five (5) years under the construction management at risk provided services. IV. INITIAL SCREENING (100 Points Total): From the applicants' response to the ISQ, the Selection Committee will objectively evaluate the firm's abilities in accordance with those criteria listed below: A. Financial capability (15 points): The firm's financial capability is to be expressed in the financial statement, and should indicate the resources and the necessary working capital to assure financial stability through to the completion of the project as outlined in III B and III C. The financial capability should also include the bonding capacity of the firm. (The firm will be required to bond on GMP). B. Office Staff (15 points): Outlined in III E and III F C. One-Site Staff (15 points) Outlined in III G D. Related Building Experience (20 points) Major consideration will be given to the successful completion of previous projects comparable in design, scope and complexity as outlined in III J. E. Scheduling and Cost Control (10 points): Outlined in III K. ISQ 01-5-11-2 PAGE 6 F. Distance to Site (10 points): Outlined in III L. G. Information System (10 points): Outlined in III P. H. Insurance Program (5 points): Outlined in III Q. V. INTERVIEWS (100 Points Total): After the firms have been evaluated based on their written applications, the three (3) firms with the highest scores will be more closely considered through a presentation of their approach to perform this particular project. Time will be allowed for questions and answers after the presentation. The selected firms will be expected to address the following: A. Appropriateness of prior projects and response of reference verifications (20 points): The firm should present details of those projects deemed most similar to the proposed Aventura project. The presentation must include names and phone numbers so that the project and references may be verified by City staff. B. Knowledge of the Site and Local Conditions (10 points): The firm should demonstrate their knowledge of the site, local codes and ordinances, local subcontractors and suppliers as an indication of their ability to deliver quality workmanship in an effective and timely manner. C. Proposed Project Staff and Functions (20 points): The firms should name the actual staff to be assigned to this project, describe their ability and experience and portray the function of each within their organization and their proposed role on this project. The staff should be present at the interview. D. Overatl Approach and Methodology (20 points): The firms should demonstrate verbally and/or graphically their plan for performing this project, documenting the services to be provided and showing the interrelationship of all parties. ISQ 01-5-11-2 PAGE 7 VI. A. E. Cost ControlNalue Engineering (10 points): As part of its services, the firms should indicate knowledge and experience in the evaluation of building systems, construction techniques and the recommendations of materials to create an optimum value in meeting the design requirements. F. Scheduling this Project (20 points): VII. A. As part of the project approach, the applicants should propose a scheduling methodology for effectively managing and executing the work in the optimum time. The firm should indicate their procedure for scheduling and for compliance controls. The firms should describe any representative current projects and the projected, versus the actual, schedule of each. TERMS AND CONDITIONS: The City of Aventura reserves the right to accept or reject any proposal in the best interest of the City. The City of Aventura reserves the right to award the contract to the next most qualified firm if the successful firm does not begin the contracted services within the prescribed fifteen (15) days or if an acceptable fee cannot be negotiated. The successful firm shall not discriminate against any person in accordance with federal, state and local law. SELECTION PROCESS: The Selection Committee will review all proposals received on time and determine the three (3) firms with the highest score using the selection criteria established for the project. The Selection Committee will receive presentations of the three (3) highest scoring firms and will establish ratings for each firm in accordance with the scoring criteria established for the project. The City Commission will consider and approve the order of the selection of the firms based on the recommendation of the Selection Committee. The contract for management, overhead and profit fee will be negotiated with the firm selected by the City Commission. ISQ 01-5-11-2 PAGE 8 RESOLUTION NO. 2001- __ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF JAMES A. CUMMINGS, INC. TO PERFORM CONSTRUCTION MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE AT RISK IN ACCORDANCE WITH ISQ NO. 01-5-11-2, COMMUNITY/RECREATION CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to Community/Recreation Center Construction Management Services with Guaranteed Maximum Price at Risk; and WHEREAS, said proposals were evaluated by a Selection Committee consisting of the City Manager, Finance/Support Services Director, Community Services Director and the Capital Projects Manager; and WHEREAS, said Selection Committee recommends the firm of James A. Cummings, Inc. based on said firm's experience and qualifications; and WHEREAS, said Selection Committee recommends the selection of the firm of Dooley & Mack Constructors, Inc., should the City be unable to reach favorable terms with James A. Cummings, Inc.; and WHEREAS, the City Commission desires to authorize the City Manager to negotiate a scope of services and fees with the recommended firm, and with the alternate firm, should negotiations with the recommended firm be unsuccessful. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of James A. Cummings, Inc. is hereby selected to perform Construction Management Services with Guaranteed Maximum Price at Risk relative to ISQ No. 01-5-11-2 Community/Recreation Center. Section 2. The firm has been selected on the basis of its experience and qualifications and has not finalized a fee structure with the City. Therefore, the City Manager shall immediately negotiate the scope of services and basis of fees with said firm. Section 3. The basis of fees above described shall be negotiated by the City Manager and approved by the City Commission prior to said firm beginning any labor or work for which the City may later be billed. Section 4. in the event the City is unable to come to favorable terms and fees with the firm of James A. Cummings, Inc. the City Manager is hereby authorized to negotiate scope of services and fees with the alternate firm of Dooley & Mack Constructors, Inc. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. Page 3 PASSED AND ADOPTED this 3rd day of July, 2001 JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC 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, Cit~'lV~ahag~ .... Robert M. Sherman,(~ D~(~ o[~ Community Services~.~ June 25, 2001 Resolution Appointing Craven Thompson & Associates, Inc. to Perform General Professional Engineering Consulting Services July 3, 2001 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached resolution appointing the firm of Craven Thompson & Associates, Inc. to perform general professional engineering consulting services as contained in the attached agreement. Back.qround Pursuant to Resolution No. 2001-29, the City has successfully negotiated a scope of services and fees with Craven Thompson & Associates, Inc. The attached agreement is substantially the same contract that is in effect with our other professional consultants, and has been reviewed by the City Attorney. Craven Thompson has agreed to carry two million dollars in professional liability insurance and name the City as an additional insured. The fees contained in Exhibit "A" are substantially the same hourly rates as our present engineering consultant. RMS/gf Attachments RMS01071 RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPOINTING THE FIRM OF CRAVEN THOMPSON & ASSOCIATES, INC. TO PERFORM GENERAL PROFESSIONAL ENGINEERING CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of Craven Thompson & Associates, Inc. is hereby appointed to perform General Professional Engineering Consulting Services on behalf of the City of Aventura. Section 2. The City Manager is hereby authorized to execute the attached agreement for professional services by and between the City and Craven Thompson & Associates, Inc. and whereby the City agrees to the negotiated scope of services and fees as contained in Exhibit "A". Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner ., who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-__ Page 2 PASSED AND ADOPTED this 3rd day of July, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, OMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENT BETWEEN THE CITY OF AVENTURA and CRAVEN THOMPSON & ASSOCIATES, INC. for GENERAL PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT is entered into this day of ,2001 between: CITY OF AVENTURA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as ~ClTY", AND Craven Thompson & Associates, Inc. a Florida corporation, its successors and assigns, hereinafter referred to as "CONSULTANT". WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONSULTANT agree as follows: ARTICLE DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the definitions and identifications set forth below are assumed to be true and correct and are therefore agreed upon by the parties. CONTRACT ADMINISTRATOR: Whenever the term "CONTRACT ADMINISTRATOR" is used herein, it is intended to mean the City Manager or designee. In the administration of this Agreement, all parties may rely upon instructions or determinations made by the CONTRACT ADMINISTRATOR. ].2 CONSTRUCTION CONTRACTOR: The person(s), firm(s), corporation(s) or other entity who enters into an agreement with CITY to perform the construction work desired by CITY relating to PROJECT. CONSULTANT: Craven Thompson & Associates inc., which is the professional organization with whom CITY has contracted for the performance of professional engineering services pursuant to this Agreement. 1.4 CITY: City of Aventura, Florida, a body corporate and politic and a political subdivision of the State of Florida. ].5 NOTICE TO PROCEED: A written statement issued by the CONTRACT ADMINISTRATOR directing CONSULTANT to begin work. ].7 PROJECT: The nature of the PROJECT includes general professional civil engineering services, site planning, traffic studies, surveys, predesign, design, permitting, bid/award, cost estimating, program/project management, construction observation and supervision, environmental studies, grant management assistance and other professional services as required, GIS database development and assistance programming, and other projects as assigned. This includes, but is not limited to, work performed for CITY buildings, lands, park facilities, utilities, right-of-way, beautification purposes, and regulatory matters. The term "lands" includes land or property proposed to be acquired or sold. REIMBURSABLES: Whenever the term REIMBURSABLES is used herein, it is intended to mean actual expenses directly related to the performance of the services as set forth in this Agreement. REIMBURSABLES are limited to: Identifiable expenses of transportation in connection with the PROJECT subject to the provisions and limitations for public agencies established in Chapter 112, Florida Statutes. Automobile travel inside Broward, Dade and Palm Beach Counties is not reimbursable. Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for CONSULTANT's personnel subject to the limitations of Chapter 112, Florida Statutes. c. Identifiable communication expenses for express mail charges. d. Identifiable cost of printing reproduction and aerial photography. e. Identifiable testing costs. Permit application fees. All fees paid to regulatory agencies for approvals directly attributable to the PROJECT. These permit fees do not include those permits required for the CONSTRUCTION CONTRACTOR. Reimbursable subcontractor expenses are limited to the items described above when the subcontractor incurs authorized reimbursable expenses. Notwithstanding anything to the contrary in the Agreement, all REIMBURSEMENTS which exceed Five Hundred Dollars ($500.00) shall be approved, in writing, by the CONTRACT ADMINISTRATOR prior to incurring the expenditure. Failure to comply with this provision shall result in the waiver of the REIMBURSABLES. BILLING RATE: Whenever the term BILLING RATE is used herein, it is intended to mean average base salaries and wages paid to personnel by 2 employee category engaged directly on the PROJECT, including all fringe benefits, overhead and profit. BILLING RATE by employee category are shown on EXHIBIT "A". 1.9 ENGINEERING ASSISTANCE: Whenever the term ENGINEERING ASSISTANCE is used herein, it is intended to mean those professional services provided to CITY on a day-to-day basis for specific tasks provided the estimated CONSULTANT cost for spedfic task does not exceed Fifteen Thousand Dollars ($15,000.00). Typical tasks include attendance at meetings, telephone calls, and providing day-to-day assistance as required. a. CITY shall describe the Task to be undertaken by CONSULTANT. CONSULTANT shall agree upon a level of effort and employee category to be assigned to the specific Task, and provide CITY with a proposal for the work. 1.10 Ct CITY shall authorize CONSULTANT, in writing, to provide professional services requested for the specific Task. CONSULTANT shall be reimbursed by CITY at the BILLING RATE payable for each CONSULTANT's employee category shown on Exhibit WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is used herein, it is intended to mean engineering services related to specific projects identified by CITY for which the estimated CONSULTANT cost exceeds Fifteen Thousand Dollars ($15,000.00). The authorization issued by CITY shall contain the following information and requirements: A description of the work to be undertaken and method of compensation with reference to the appropriate paragraphs of this Agreement. A budget establishing the amount of compensation to be paid, which amount shall constitute a guaranteed maximum, or a lump sum at the CONTRACT ADMINISTRATOR's sole discretion, and shall not be exceeded unless prior written approval of CITY is obtained. The information contained in the budget shall be in sufficient detail so as to identify the various elements of costs, and the adequacy of such budget information shall be subject to the approval of CITY. Co A time established for completion of the work or services undertaken by CONSULTANT or for the submission to CITY of documents, reports and 3 other information pursuant to this Agreement. The time established for performance shall be subject to the approval of CITY; however, the time may, in the sole discretion of CITY, be extended upon justification of CONSULTANT that additional time is necessary for performance. Failure on the part of CONSULTANT to comply with the time established for performance may result in the termination of this Agreement. WORK AUTHORIZATIONS shall be dated and serially numbered. ARTICLE 2 PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. :2.] CITY has met the requirements of the Consultants' Competitive Negotiation Act, as set forth in Section 287.055, FIodda Statutes, and has selected CONSULTANT to perform the work of the specified nature as outlined in this Agreement. Accordingly, this Agreement qualifies as a "continuing contract" under section 287.055 (2) (g), F.S. 2.?- Negotiations pertaining to the services to be performed by CONSULTANT were undertaken between CONSULTANT and CITY, and this Agreement incorporates the results of such negotiations. ARTICLE 3 SCOPE OF SERVICES 3.] The Scope of Services required to be performed by CONSULTANT shall be identified under one of the following procedures: PROFESSIONAL ENGINEERING ASSISTANCE for specific "day-to-day" work Tasks as requested by CITY and agreed to by CONSULTANT. Professional Services for a PROJECT as set forth in a WORK AUTHORIZATION. CONSULTANT shall provide all services as set forth in the 4 3.2 WORK AUTHORIZATION including, without limitations, all necessary, incidental and related activities and services required. CONSULTANT and CITY acknowledge that a WORK AUTHORIZATION does not delineate every detail and minor work Task required to be performed by CONSULTANT to complete a PROJECT. If, during the course of the performance of a WORK AUTHORIZATION, CONSULTANT determines that it should perform work to complete a PROJECT which is outside the level of effort originally anticipated, CONSULTANT will notify CONTRACT ADMINISTRATOR in writing in a timely manner before proceeding with the work. If CONSULTANT proceeds with said work without notifying CONTRACT ADMINISTRATOR as provided in Article 6, said work shall be deemed to be within the original level of effort, whether or not specifically addressed in the WORK AUTHORIZATION. Notice to CONTRACT ADMINISTRATOR does not constitute authorization or approval by CITY. Performance of work by CONSULTANT outside the originally anticipated level of effort without pdor written CITY approval is at CONSULTANT's sole risk. ARTICLE 4 TIME OF PERFORMANCE 4.! 4.2 4.3 In the event CONSULTANT is unable to complete performance of services because of delays resulting from untimely review and approval by governmental authorities having jurisdiction over a PROJECT, and such delays are not the fault of CONSULTANT, CITY shall grant a reasonable extension of time for completing the work. It shall be the responsibility of CONSULTANT to notify the CONTRACT ADMINISTRATOR promptly in writing whenever a delay is anticipated or experienced, and to inform the CONTRACT ADMINISTRATOR of all facts and details related to the delay. The CONSULTANT shall make every reasonable effort to respond within two (2) hours to requests, but under no circumstances, shall response time exceed four (4) hours, unless otherwise approved by the CONTRACT ADMINISTRATOR. CONSULTANT shall provide CITY with a current up-to-date phone contact list of personnel at all times. ARTICLE 5 COMPENSATION AND PAYMENT 5.1 5.2 5.:3 5.4 CITY agrees to pay CONSULTANT as compensation for performance of all approved ENGINEERING ASSISTANCE services required under the terms of this Agreement at those BILLING RATES described in Article 1.8 and to reimburse CONSULTANT for REIMBURSABLES as described in Article 1.7, plus subcontractor fees pursuant to paragraph 5.6 for approved ENGINEERING ASSISTANCE service. The BILLING RATES payable by CITY for each CONSULTANT's employee categories is shown on Exhibit "A". Total compensation for a specific work task under ENGINEERING ASSISTANCE shall not exceed Fifteen Thousand Dollars ($15,000.00). CITY agrees to pay CONSULTANT as compensation for performance of all services as related to a WORK AUTHORIZATION required under the terms of this Agreement at those BILLING RATES described in Article 1.8 plus subcontractor fees pursuant to paragraph 5.6, up to the guaranteed maximum payment to be negotiated and stated in the WORK AUTHORIZATION and to reimburse CONSULTANT for REIMBURSABLES as described in Article 1.7 up to the guaranteed maximum payments to be negotiated in the WORK AUTHORIZATION, for a total guaranteed maximum stated in the WORK AUTHORIZATION. It is understood that the method of compensation is that of "guaranteed maximum" which means that CONSULTANT shall perform all services set forth for total compensation in the amount of or less than that stated in the WORK AUTHORIZATION. The BILLING RATES payable by CITY for each Consultant's employee categories is shown on Exhibit "A'. CONSULTANT shall submit billings, which are identified by the specific Task, authorized under ENGINEERING ASSISTANCE on a monthly basis in a timely manner for all LABOR and REIMBURSABLES attributable to the Task. These billings shall identify the nature of the work performed, the total hours of work performed and the employee category of the individuals performing same. Billings shall itemize REIMBURSABLES by category and identify same as to the work personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES, a copy of said approval shall accompany the billing for such REIMBURSABLES. External REIMBURSABLES and subcontractor fees must be documented by copies of invoices or receipts, which describe the nature of the expenses and contain a project number or other identifier, which clearly indicates the expense, is identifiable to a Task. CONSULTANT shall submit billings that are identified by the specific PROJECT and WORK AUTHORIZATION number on a monthly basis in a timely manner for all LABOR and REIMBURSABLES attributable to a PROJECT. These billings shall identify the nature of the work performed, the total hours of work performed and the employee category of the individuals performing same. Billings shall itemize REIMBURSABLES by category and identify same as to the work personnel incurring the expense and the nature of the work with which 6 5.5 $.6 5.7 5.8 such expense was associated. Where prior written approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES, a copy of said approval shall accompany the billing for such REIMBURSABLES. The statement shall show a summary of LABOR COSTS and REIMBURSABLES with accrual of the total and credits for portions paid previously. Copies of invoices must document external REIMBURSABLES and subcontractor fees or receipts that descdbe the nature of the expenses and contain a project number or other identifier that clearly indicates the expense is identifiable to a PROJECT. Internal expenses must be documented by appropriate CONSULTANT's cost accounting forms with a summary of charges by category. When requested, CONSULTANT shall provide backup for past and current invoices that records hours and houdy rates by employee categories, REIMBURSABLES by category and subcontractor fees on a Task basis, so that total hours and cost by Task may be determined. Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the CONTRACT ADMINISTRATOR's option, the contract method of payment may be a lump sum amount for a specific, detailed scope of services. For lump sum contracts, CONSULTANT shall invoice based upon percentage of work complete. Supporting information shall be provided to document the estimate of completion percentage. CONSULTANT shall bill identifiable subcontractor fees at the actual fees paid by CONSULTANT. CITY agrees that it will use its best efforts to pay CONSULTANT within thirty (30) calendar days of receipt of CONSULTANT's proper statement as provided above. The parties shall comply with section 218.70, F.S., et seq. the Prompt Payment Act. Payment will be made to CONSULTANT at: CRAVEN THOMPSON & ASSOCIATES, INC. 3563 N.W. 53 Street Fort Lauderdale FL 33309-6311 ARTICLE 6 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES 6.! Services related to an ENGINEERING ASSISTANCE Task which would increase, decrease or which are outside the level of effort agreed upon by CITY and CONSULTANT shall be services for which CONSULTANT must obtain prior written approval of CITY before compensation can be paid. 7 6.2 Services related to a WORK AUTHORIZATION which would increase, decrease or which are otherwise outside the Scope of Services or level of effort contemplated by a WORK AUTHORIZATION shall be services for which CONSULTANT must obtain the prior written approval from CITY before compensation can be paid. All terms for the performance of such services must be agreed upon in writing in a document of equal dignity herewith prior to any deviation from the terms of a WORK AUTHORIZATION, and when properly executed shall become an Amendment to the WORK AUTHORIZATION. 7.1 7.2 ARTICLE 7 CITY'S RESPONSlBILITES CITY shall assist CONSULTANT by placing at CONSULTANT's disposal all information it has available pertinent to the PROJECT including previous reports and any other data relative to a PROJECT. It shall be CONSULTANT's sole responsibility to physically retrieve said information. CITY shall arrange for access to make all provisions for CONSULTANT to enter upon public and private property as reasonably required for CONSULTANT to perform its services under this Agreement. ARTICLE 8 MISCELLANEOUS 8.! 8.:2 OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings, specifications, designs, design calculations, details, models, photographs, reports, surveys and other documents, plans and data that result from CONSULTANT's services under this Agreement or that is provided in connection with this Agreement shall become and shall remain the property of CITY. Copies of all AutoCAD and other similar software files shall be provided to CITY. CONSULTANT shall be entitled to keep a copy of such items for record purposes TERMINATION: This Agreement may be terminated by CONSULTANT for cause, or by CITY for any reason with or without cause, upon thirty (30) days written notice from the terminating party to the other party. In the event of such termination, CONSULTANT shall be paid its compensation for services performed to termination date, including all REIMBURSABLES then due or incurred to termination date. In the event that CONSULTANT abandons this Agreement or causes it to be terminated by CITY, CONSULTANT shall indemnify CITY against any loss pertaining to this termination. All finished or 8 unfinished sketches, tracings, drawings, specifications, design, design calculations, details models, photographs, reports, surveys and other documents, plans and data that result from CONSULTANT's services under this Agreement shall become and shall remain the property of CITY and shall be delivered by CONSULTANT to CITY. 8.3 RECORDS: CONSULTANT shall keep such records and accounts and require any and all consultants and subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the PROJECT and any expenses for which CONSULTANT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a pedod of three (3) years after the completion of all work to be performed pursuant to this agreement. Incomplete or incorrect entries in such books and records will be grounds for CITY's disallowance of any fees or expenses based upon such entries. 8.4 EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability or national origin. This prevision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to furnish CITY with a copy of its Affirmative Action Policy, if requested. 8.5 NO CONTINGENT FEES: CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. $.6 SUBCONTRACTORS: In the event CONSULTANT, during the term of this Agreement, requires the services of any subcontractors, or other professional associates in connection with services covered by this Agreement, CONSULTANT must secure the prior written approval of the CONTRACT ADMINISTRATOR. As part of the approval process, CITY shall require 8.7 subcontractor to comply with the terms of this Agreement, specifically but without limitations, the requirements of this Article 8. CONSULTANT shall be responsible for obtaining releases from subcontractors at the time the subcontractors are paid. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CONSULTANT, under any circumstances, without the prior written consent of CITY. Said consent shall be at CITY's sole discretion and may be unreasonably withheld. 8.8 INDEMNIFICATION OF CITY: 8.9 CONSULTANT shall indemnify and hold harmless the CITY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness or intentional wrongful conduct of the CONSULTANT and persons employed or utilized by the CONSULTANT in the performance of the Agreement. CONSULTANT further agrees to indemnify and save harmless CITY, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any conduct or misconduct of CONSULTANT not included in the above paragraph. INSURANCE: CONSULTANT shall provide, pay for and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance, Business Automobile Liability Insurance and Professional Liability Insurance. United States Treasu[y approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in the State of FIodda shall issue such policy or policies. CONSULTANT shall specifically protect CITY by naming CITY and CITY's officers, agents and employees as additional insured under the Comprehensive General Liability Insurance Policy, and Business Automobile Liability Insurance Policy, hereinafter described. The Professional Liability Policy or certificate shall reference this Project. All policies shall provide for a Notice of Cancellation and/or Restriction: The policy(les) must be endorsed to provide CITY with thirty (30) days advance notice of cancellation and/or restriction. a. Professional Liability Insurance: The limits of liability provided by such policy shall be no less than Two Million Dollars ($2,000,000.00). 10 Worker's Compensation Insurance to apply to all employees in compliance with the Worker's Compensation Law of the State of Florida and all applicable federal laws. Comprehensive General Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. CITY and CITY's officers, agents and employees are to be named as additional insureds with respect to liability arising out of operations performed for CITY by or on behalf of CONSULTANT in connection with such operation. Business Automobile Liability Insurance with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. CITY and CiTY's officers, agents and employees are to be named as additional insureds with respect to liability arising out of operations performed for CITY by or on behalf of CONSULTANT in connection with such operation. CONSULTANT shall provide CITY a Certificate of Insurance or a copy of all insurance policies required by Section 8.9 including any subsection thereunder. CITY reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that CITY shall be given thirty (30) days notice prior to expiration, cancellation or restriction of the policy. 11 8.10 8.11 REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that questions in the day-to-day conduct of a PROJECT will arise. The CONTRACT ADMINISTRATOR, upon request by CONSULTANT shall designate in writing and shall advise CONSULTANT in writing of one or more CITY employees to whom all communications pertaining to the day-to-day conduct of PROJECT shall be addressed. CONSULTANT shall inform CONTRACT ADMINISTRATOR in writing of the representative of CONSULTANT to whom matters involving the conduct of PROJECT shall be addressed. CONSULTANT shall, at all times during this Agreement, have available for consultation or otherwise, an employee who shall be familiar with all work contemplated under this Agreement. A'I-rORNEY'S FEES: If CITY institutes any legal action to enforce any provision of this Agreement, then CITY shall be entitled to reimbursement from CONSULTANT for all costs and expenses, including reasonable attorney's fees incurred by CITY, provided that CITY is the prevailing party in such legal action, and provided further that CITY shall make application to the court or other tribunal, for an award of such costs and expenses. Other covenants of this Agreement constitute consideration for this provision. 8.12 8.13 ALL PRIOR AGREEMENTS SUPERSEDED: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. NOTICES: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to wit: 12 8.14 8.15 8.16 8.17 FOR CITY: FOR CONSULTANT: Eric M. Soroka City Manager City of Aventura 19200 W. Country Club Drive Aventura, Florida 33180 305-466-8910 Thomas M. McDonald President Craven Thompson & Associates 3563 N.W. 53 Street Fort Lauderdale, Florida 33309 954-739-6400 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature on this Agreement by CONSULTANT shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this Agreement. NON-EXCLUSIVE AGREEMENT: The services to be provided by CONSULTANT pursuant to this Agreement shall be non-exclusive and nothing herein shall preclude CITY from engaging other firms to perform the same or similar services for the benefit of CITY within CITY's sole and absolute discretion. WARRANTIES OF CONSULTANT: CONSULTANT hereby warrants and represents as follows: At all times during the term of this Agreement, CONSULTANT shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary for the performance under this Agreement. b. At all times during this Agreement, CONSULTANT shall perform its obligations in a prompt, professional and businesslike manner. GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any action shall be in Dade County, Florida. [The balance of this page has been intentionally left blank]. 13 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF AVENTURA, FLORIDA BY: Eric M. Somka City Manager ATTEST BY: City Clerk Teresa M. Somka, CMC APPROVED AS TO FORM BY: City Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A. CONSULTANT President Thomas M. McDonald (Print or Type) ATTEST: Robert D. Cole, III (Seal) Corporate Secretary "EXHIBIT A" HOURLY FEE SCHEDULE Principal Engineer ................................................................................. $115/Hour Principal Surveyor ................................................................................. $100/Hour Senior Engineer ....................................................................................... $90/Hour Landscape Architect/Senior Planner ....................................................... $85/Hour Professional Land Surveyor .................................................................... $85/Hour Project EngineedSurveyodPlannedBiologistlLandscape Designer ......... $75/Hour Senior Field Representative .................................................................... $65/Hour Senior CADD Technician ......................................................................... $65/Hour Technician ............................................................................................... $55/Hour Field Representative ................................................................................ $55/Hour Cledcal ..................................................................................................... $40/Hour Survey Field Crew ................................................................................... $90/Hour SCHEDULE OF EXPENSES AND OTHER CHARGES 1. Reproduction and Reprographics a. Blue line Prints b. Vellum and Sepia c. Mylar Repmducibles d. Outside Printing e. Xerox (Standard) Copies = $0.20/Sq. Ft. = $0.50/Sq. Ft. = $2.00/Sq. Ft. = At Cost plus 10% = $0.10/Sheet 2. Recording and Permit Fees = At Cost 3. Services of Outside Consultants = At Cost Expense items such as identifiable communication expenses, facsimiles, reproduction costs, couder and overnight mailing services, and special accounting expenses not applicable to general overhead are invoiced as direct charges at actual cost. Transportation expenses are in accord with Section 112.061 F.S. All other expenses and charges by consultants or its sub-consultants not specifically contained in this Agreement shall be subject to the approval of the City Manager at his sole discretion prior to any billing or invoices. Tinter and Associates: Same hourly fee and expense/charges schedules as Craven Thompson & Associates. 15 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission ty~a(~ Eric M. Soroka, Ci June 28, 2001 Recommendation to Select Firm to Build, Operate and Maintain a Charter Elementary School and Primary Learning Center RFP #01-06-01-2 July 3, 2001 City Commission Meeting Agenda Item 6F RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution that selects the firm to Build, Operate and Maintain a Charter Elementary School and Primary Learning Center in accordance with RFP #01-06-01-2. The Resolution selects the firm of Charter Schools USA in association with Charter Schoolhouse Developers, Inc. as the recommended firm and authorizes the City Manager to negotiate a contract for services. BACKGROUND As previously authorized, the City issued a Request for Proposals to Build, Operate and Maintain a Charter Elementary School and Primary Learning Center. A Review Team consisting of the Finance Support Services Director, Kathy Wilbur, the City's School Consultant and the City Manager was formed to receive and evaluate the proposals and interview firms to prepare a recommendation to the City Commission. In addition, Jayne Hall, a principal at one of the Pembroke Pines Charter Elementary Schools joined the review team for the interview process. The following is a brief summary of the action taken by the Team to arrive at our final recommendation: 1. An RFP advertisement was placed in the newspaper and distributed to the vendor list. Memo to City Commission Page 2 2. On June 1,2001, proposals were publicly opened from the following firms: Charter Schools USA, in Association with Charter Schoolhouse Developers, Inc. Chancellor Charter Schools SBR Joint Venture 3. The firms were interviewed by the Team on June 18, 2001. Based on extensive RFP submission requirements and interviews, the Team reached a consensus to recommend one firm to the City Commission with one alternate that would be called upon, should we fail to reach favorable terms with the top ranked firm. A contract to establish the services agreement and fee will be negotiated with the recommended firm. The decision to recommend a firm was a difficult one considering the presentations and submittals of both firms. However, based on the following points, Charter Schools USA (CSUSA), in association with Charter Schoolhouse Developers, Inc. (CSD) is the recommended firm. Qualifications - CSUSA/CSD exhibited better charter school team experience and a proven track record as a team. It is important that the firm or group has worked together successfully on similar projects. The Ryder School is an example that is reflective of CSUSA/CSD's track record and is similar to the City's situation and is a highly rated facility. Chancellor's group, although formidable has no proven charter school team track record. Staffing - CSUSA gets the edge with a more even split between inexperienced, mid-level experience and experienced teachers and a multi- year track record to show teacher retention. It is important to note that teacher retention is part of their principal assessment instrument. Curriculum / Assessment - CSUSA has a proven curriculum with multi-year assessment data to show performance gains. Chancellor has a challenging curriculum, however, there is no multi-year track record or performance data. The international studies curriculum proposed by Chancellor is not necessarily one appropriate for the more mainstream child. Memo to City Commission Page 3 Management Fee Cost - CSUSA proposed to charge 14% of FTE / non- capital costs compared to Chancellor's 12.5% of all revenues (FTE, capital, grants, etc). CSUSA's charge is less. Miscellaneous - Chancellor indicates in their proposal that they would be willing to consider opening a Middle School sometime in the future. When pressed about more details, they were unable to provide specific locations or when. Now that the Team has completed its work, the following actions are necessary to complete the process: Adopt the attached Resolution, which serves three (3) specific purposes. First, it ranks the firms. Second, it authorizes the City Manager to negotiate the contract for services. Third, it establishes another firm as an alternate, should we be unable to reach favorable terms with the selected firm. After the contract is negotiated, it will be presented to the City Commission at the next meeting. Copies of all proposals are available for your inspection in the City Manager's Office. Should you have any questions, please feel free to contact me. EMS/aca CC0989-01 RESOLUTION NO. 2001- __ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF CHARTER SCHOOLS USA, INC. IN ASSOCIATION WITH CHARTER SCHOOL DEVELOPERS, INC. TO DESIGN, BUILD, OPERATE AND MAINTAIN CHARTER ELEMENTARY SCHOOL AND PRIMARY LEARNING CENTER FACILITY IN ACCORDANCE WITH RFP NO. 01- 06-01-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to design, construction, operation and maintenance of Charter Elementary School and Primary Learning Center facility; and WHEREAS, said proposals were evaluated by a Selection Committee consisting of the City Manager, Finance/Support Services Director, the City's School consultant and an Elementary School Principal; and WHEREAS, said Selection Committee recommends the firm of Charter Schools USA, Inc. in association with Charter School Developers, Inc. based on the firms' experience and qualifications; and WHEREAS, said Selection Committee recommends the selection of the firm of Chancellor Charter Schools SBR Joint Venture should the City be unable to reach favorable terms with Charter Schools USA, Inc. in association with Charter School Developers, Inc. Resolution No. Page 2 WHEREAS, the City Commission desires to authorize the City Manager to negotiate a contract for scope of services and fees with the recommended firm, and with the alternate firm, should negotiations with the recommended firm be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of Charter Schools USA, Inc. in association with Charter School Developers, Inc. is hereby selected to design, build, operate and maintain Charter Elementary School and Primary Learning Center Facility in accordance with RFP No. 01-06-01-2. Section 2. The firm has been selected on the basis of its experience and qualifications and has not finalized a fee structure or contract with the City. Therefore, the City Manager shall immediately negotiate the scope of services and basis of fees with said firm. Section 3. In the event the City is unable to come to favorable terms and fees with the firm of Charter Schools USA, Inc. in association with Charter School Developers, Inc., the City Manager is hereby authorized to negotiate scope of services and fees with the alternate firm of Chancellor Charter Schools SBR Joint Venture. Section 4. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. who The foregoing resolution was offered by Commissioner , moved its adoption. The motion was seconded by Commissioner ., and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. Page 3 PASSED AND ADOPTED this 3rd day of July, 2001 JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA REQUEST FOR PROPOSALS 01-06-01-2 DESIGN, BUILD, OPERATE AND MAINTAIN CHARTER ELEMENTARY SCHOOL AND PRIMARY LEARNING FACILITY SUBMITTAL DATE: JUNE 1, 2001 2:00 P.M. REQUEST FOR PROPOSALS RFP #01-06-01-2 CITY OF AVENTURA DESIGN, BUILD, OPERATE AND MAINTAIN A CHARTER ELEMENTARY SCHOOL AND PRIMARY LEARNING CENTER The City of Aventura, Florida is seeking a qualified firm or company that has successfully built, organized, developed, staffed and operated charter schools to assist the City of Aventura in the establishment of a Charter Elementary School and Charter Primary Learning Facility. The successful firm will be expected to advise and assist the City in the design, construction, financing, operation and maintenance of the two charter school facilities. Interested firms should pick-up the Request For Proposals package at the following location: Office of the City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 Submittals must be received at the above address no later than 2:00 p.m. on June 1, 2001 and clearly marked on the outside "DESIGN, BUILD, OPERATE AND MAINTAIN A CHARTER ELEMENTARY SCHOOL AND PR1MARY LEARNING CENTER." Late submittals will not be accepted. The City of Aventura reserves the right to request clarification of information submitted and to request additional information. The City also reserves the right to reject any and all proposals with or without cause and to waive any or all irregularities with regards to the specifications. Eric M. Soroka City Manager 2 INVITATION TO SUBMIT QUALIFICATIONS SUBJECT: OPENING DATE & TIME: DESIGN, BUILD, OPERATE AND MAINTAIN A CHARTER ELEMENTARY SCHOOL AND PRIMARY LEARNING CENTER June 1, 2001 ~ 2:00 P.M. SUBMIT TO: Office of the City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 GENERAL REQUIREMENTS Proposers must be authorized to do business in the State of Florida and must possess all required registration, certification and licenses (including design and construction) in accordance with all applicable Florida Statutes, ordinances and regulations. Proposers must have been in business for a period of no less than three years. In the event of a joint venture, at least one of the entities must have been in business for a period of no less than three years. One original and five (5) additional copies of the RFP response must be furnished on or before the submission deadline indicated herein. Costs of preparation of a response to this RFP are solely those of the proposer. The City of Aventura assumes no responsibility for any such costs incurred by the proposer Proposing team members responding to this RFP must be present at presentation to the Selection Committee. The Committee will conduct no phone interviews. The contents of the written proposal of the successful firm will become part of the contractual obligations. Proposers shall respond to each item in the Submission Elements Section. 3 Proposals shall be typed or printed. All corrections made by the proposer prior to the initial screening must be initialed and dated by the proposer. No changes or corrections will be allowed after the initial screening of proposals has commenced. The City of Aventura reserves the right to accept or reject any or all proposals, with or without cause, to waive technicalities, or to accept the proposal which, in its sole judgment, serves the best interest of The City of Aventura. Any person submitting a proposal in response to this invitation must execute Form PUR.7068. SWORN STATEMENT UNDER SECTION 287.133(A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s) in the space provided, and enclose said form with the proposal (See attached for blank form). The City reserves the right to issue modifications or addenda to more fully meet the needs of the City. By submitting a proposal, the proposer certifies that he has fully read and understands the proposal method and has full knowledge of the scope, nature, and quality of work to be performed. The City reserves the right to negotiate modifications to proposals that it deems acceptable reject any and all proposals, and to waive minor irregularities in the procedure. All proposals submitted shall be binding for one hundred twenty (120) calendar days following opening. Proposals should be prepared simply and economically, providing a straightforward, concise description of the proposer's ability to fulfill the requirements of the proposal. In accordance with Chapter 119 Florida Statutes (Public Records Law), and except as may be provided by other applicable State and Federal Law, all proposers should be aware that Request for Proposals and the responses are public record. All proposals received in response to this Request for Proposal will become the property of the City of Aventura and will not be returned to the proposers. In the event of contract award, all documentation produced as part of the contract will become the property of the City. BACKGROUND The City of Aventura is located in northeast Miami-Dade County and is approximately 3.2 square miles with a population of 25,300. A Charter School 4 Feasibility Study was prepared in March of 2001 and is on file in the Office of the City Manager. INTENT Elementary School The City of Aventura, Florida desires to contract with a qualified and competent independent company to design, build, staff, operate, equip and maintain a Charter Elementary School .on a parcel of land located at 3333 NE 188th Street. The school should be ready for the school year 2003/2004. The City is currently in negotiations with the owner to acquire the site. The property is more particularly described in Exhibit "A". The property is approximately 2.5 acres of useable land. The City will initially purchase the land and eventually recover the cost from the school budget over a period of time. The City intends to construct a 22,000 sq. ft. Community Recreation Center on the property to the east and eventually connect it to the school. The Community/Recreation Center will contain a high school type gym, meeting rooms, computer lab and other recreational amenities. The Community Recreation Center is scheduled to open in fall 2002. It is anticipated that the school will accommodate up to 650 students. The design of the proposed elementary Charter School shall be designed and constructed to be compatible with the Community/Recreation center. Primary Learning Facility The City of Aventura, Florida desires to contract with a qualified and competent independent company to design, build, staff operate, equip and maintain a Chanter Primary Learning Facility School on a parcel of land located at 18375 NE 31 Avenue. The property is more particularly described in Exhibit "B". The 2 acre site has been dedicated to the City for school purposes. It is anticipated that the school will accommodate up to 250 students. The school should be ready for the school year 2003/2004. The successful proposer will be required to provide assistance to the City in the development of the Charter school applications and contracts and obtaining approval of the Miami-Dade School Board for the two charter schools. SUBMISSION ELEMENTS A. FACILITY AND SERVICES PROPOSED The Proposal shall clearly describe in detail the facility, the scope of services proposed, including details of the approach and work plans. A statement shall be included which explains why the approach and plan would be the most effective and beneficial to The City of Aventura. The following areas shall be presented in detail: Qualifications: Proposers shall present evidence that they are fully competent and have the necessary staff, facilities and financial 5 resources to develop and operate the school. Team members with appropriate expertise should be noted, particularly in presentations. Al/ team members, both those involved in facility construction and facility operation should be included, including affiliated companies. Site Utilization Plan: Preliminary schematics of any and all site improvements (building, structures etc.) offered by each Proposer with proposed preliminary improvement costs shall be presented. Pictures, renderings, and illustrations of the Proposer's planned facility should be included. Additional site infrastructure needs should also be submitted with cost estimates. If the plans are not readily bindable, then they may be submitted separately in an appropriately marked and attached package. Reductions may be included with proposals. Cost Plan: Proposers shall provide a financial model for both capital and operating dollars demonstrating that the school will not require revenue from City source other the initial cost of the land for the elementary school site, Furthermore, the model shall demonstrate how and when the City will be reimbursed for the land costs over time. A spreadsheet of this model shall be provided in both print and electronic media (3 ~ floppy disk using Microsoft Excel format). Pro Forma Statements: Pro Forma Operating Statements and assumptions at expected enrollment levels for a five (5) year period, including a reserve and replacement fund to be expensed therein (year by year and total) with expected revenues and operating expenditures, including proposed facility lease payments to the City, shall be submitted. Useful life of all contemplated improvements, replacement and upkeep shall be reflected in the Pro Forma. School Population: Proposers shall provide in their response a plan for student enrollment in years 1 trough 5 and the grade levels expected for each of those years along with an indication of the number of students per grade level. This information shall be proved separately for each of the two facilities and shall include the maximum class size by grade level. School Operations: Proposers shall provide an outline of their methodology with regards to the services to be provided. Included shall be the expected hours of operation and any after school activities and or programs. School Curriculum/Academic Design: Proposers shall provide a detailed description of the educational program and the plan for the implementation of Curriculum (Sunshine State Standards, parental involvement: and testing procedures to evaluate students' performance.) Information Technology Strategy (IT): Describe the role and types of IT to be used in the delivery of programs and services. Staffing: Proposers shall provide an outline of hiring methods of intended staff, expected quafications and in-house training. Fee Structure: Proposers shall describe and delineate the rationale for any and all entry, use and activity fees, etc., that are stated in the Pro Forma statement. Transportation: Proposers shall provide an outline of the transportation plan (to and from school) providing for students that reside one (1) mite or further from school. Food Service: Proposers shall provide a detailed plan for providing a cold breakfast and hot lunch program. The Proposer shall specify the nutritional standards, which will be met. Procurement: Proposers shall provide the schedule and means of purchasing: text books in the latest editions, in clean and usable conditions. Each student will be provided classroom and take home textbooks; software, hardware, and all other furnishings needed. Other Information: Any additional information to assist the City in its evaluation of each proposal and optional additions to the Proposer's base proposal, if any, shall also be presented. Recruiting and Marketing Plan: The Proposer shall provide its promotion, advertising and marketing plan for the schools and should specify a minimum annual amount, which will be spent on these activities. Timetable: The proposal must set forth a time table for the completion of the services and improvements proposed including all activities from proposal award to school opening. PROPOSER'S QUALIFICATIONS This section of the proposal shall provide a complete description of the firm, company or organization, including the size, range of activities, financial history, net worth, assets, principal offices, professional qualifications, and experience of the Proposer. Particular emphasis shall be given as to the method and manner by which the team-wide experience and expertise in similar engagements has been demonstrated. REFERENCES The proposer shall provide a list and description of similar projects satisfactorily performed and completed within the past five (5) years. For each project listed, include the name and telephone numbers of a representative for whom the project was undertaken who can verify satisfactory performance. COMPENSATION The proposal shall detail the services for which the prososer will be compensated for the duration of the Charter and the amount of compensation to be paid to the Proposer for each service on a monthly basis. SUBMITTAL OF AIA FORMS The Proposer shall submit with proposal a copy of the AIA2.54, AIA 255, and AIA 305 forms. INSURANCE REQUIREMENTS The successful Proposer must submit, prior to the signing of contract, a Certificate of Insurance showing The City of Aventura as additional insured and proof of the following insurance meeting or exceeding the following requirements: Workers' Compensation Insurance - as required by law Employer's Liability Insurance - $1,000,000 per occurrence General Liability Insurance $1,000,000 per person and $1,000,000 per accident for bodily injury Professional Liability (Errors and Omissions) Insurance - $1,000,000 with a deductible (if applicable) not to exceed $5,000 per claim. The certificate of insurance shall reference any applicable deductible. Automobile Liability Insurance $500,000 per occurrence $500,000 per accident for bodily injury and $500,000 per accident for property damage. Builder's Risk Insurance - in an amount not less than The Replacement Cost for the construction of the work. Coverage shall be "ALL RISK" coverage for one hundred percent (100%) of the completed value with a deductible of not more than $5,000 per claim. EVALUATION OF PROPOSALS 1. Written proposals will be evaluated by a Selection Review Committee. The top three (3) firms will be requested to make a formal presentation before the Selection Committee. The Committee will recommend the ranking of the firms to the City Commission. The City Commission shall, by resolution, adopt the ranking of the firms and authorize negotiations. QUESTIONS Questions concerning this Request for Proposals should be directed in writing to: Eric M. Soroka, City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Email Sorokae ~cityofaventura.com Telephone 305-466-8910 Fax (305) 466-8919 Issues of substance that are brought to the attention of the City will be responded to in writing, and copies provided to all firms who have received copies of the RFP. CITY'S RIGHTS The City of Aventura reserves the right to accept or reject any and/or all proposals or parts of proposals, to workshop or negotiate any and all proposals, to waive irregularities, and to request re-proposals on the required materials or services. Final determination and award of proposal (s) shall be made by the City Commission. All materials submitted in response to the Invitation to Submit Qualifications become the property of the City of Aventura and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any response to the ISQ whether amended or not and selection or rejection of the Submittal does not affect this right, provided however, that any submittal that has been submitted to the City Manager's Office may be withdrawn prior to submittal opening time stated herein, upon proper identification and signature releasing submittal documents back to consultant. 9 LEGAL DESCRIPTION According to a boundaxy survey prepared by Maaucy & Associates, dated April 5, 1999, the legal description for the prop~ is as follows: A PORTION OF THE SOIFI2-I 1/2 OF SECTION 3, TOWNSHIP 52 SOLVIH, RANGE 42 EAST, DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT ~ CENTER OF SAID SECTION 3, THENCE RUN NORTH 89'50'55" WEST ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 3 FOR A DISTANCE OF 670.26 FEET TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NOR2~IEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 3; THENCE RUN SOUTH 00'39'25" EAST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTHF~ST 1/4 OF THE SOIZFHWEST 1/4 OF SAID SECTION 3 FOR A DISTANCE OF 1,107.11 FEET TO A POINT; THENCE RUN NORTH 89'20'35" EAST FOR A DISTANCE OF 1,816.25 FEET TO A POINT; THENCE RUN NORTH 00'39'25" WEST FOR A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUE NORTH 00'39'25" WEST FOR A DISTANCE OF 330.18 FEET TO THE CElqTERLINE OF A CANAL; TI-IENCE RUN SOUTH 89'56'45" FAUST ALONG THE CENTERLINE OF SAID CANAL FOR A DISTANCE OF 426.33 FEET TO A POINT; TI-IElqCE RUlq SOUTH 00' 39~5" EAST ALONG A LINE PERPENDIC~ TO THE NORTH RIGHT-OF-WAY LINE OF N.E. 188TH STREET, FOR A DISTANCE OF 324.89 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE; THENCE RUN SOU2~ 89'20'35" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF N.E. 188TH STREET, FOR A DISTANCE OF 426.30 FEET TO THE POIlqT OF BEGINlqiNG, LESS AND EXCEPT THEREFROM, THE PROPERTY DESCRIBED IN THAT RIGHT-OF-WAY DEED TO DADE COUNTY FILED FEBRUARY 21, 1989, IN OFFICIAL RECORDS BOOK 14003, PAGE 2376. LEGAL DESCRIPTION (LESS-OUT FOR RIGHT OF WAY) A PORTION OF THE SOLrFH 1/2 OF SECTIOlq 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUlqTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 3, THENCE N 89'50'55'' W. ALONG THE NORTH LINE OF THE SW 1/4 OF SAID SECTION 3, FOR 670.26 FEET, TO THE NORTHWEST CORNER OF THE, EAST 1/2 OF THE NE 1/4 OF TI-tE SW 1/4 OF SAID SECTION 3; THENCE S 00'3925" E. ALONG THE WEST LINE OF THE EAST 1/2 OF THE lqE l/4 OF THE SW 1/4 OF SAID SECTION 3 FOR 1107.11 FEET; THENCE N 89'20'35" E FOR 1816.25 FEET; THENCE lq 00'39'25" W. FOR 15.00 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAFTER DESCRIBED; THENCE CONTINUE lq 00~39'25'' W FOR 20.00 FEET; THENCE Iq 89'2ff35" E. FOR 426.30 FEET; THElqCE S 00'39'25" E FOR 20.00 FEET; FEET; THElqCE S 00'39'25" E FOR 20.00 FEET; THENCE S 89'20'35" W. FOR 426.30 FEET TO THE POINT OF BEGINiN1NG. Cha ool x I N.E. 183 Street RECEIVED RECEIVED SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to by for whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is the Social Security Number of the individual signing this sworn statement: (IF the entity had no FEIN, include 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 any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Flmida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, m any federal or state trail court of record relating to charges brought by indictment or information afte~ July 1, 1989, as a result of a jury verdict, non-jury trial, or entry ora plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: A predecessor or successor ora person convicted of a public entity crime: or Any 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 'affdiate' includes those officers, directors, executors, 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 fhir market value under an arm's length agreement, shall be a prime f'acie case that one person controls another person. A person who kmowingly 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 Para. 287.133(1)(e), 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 Bids or applies to Bid on Contracts for the provision of goods or services let by a public emily, or which otherwise transacts or applies to transact business with a public entity. The tem~ "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. Based on information and belief, the statement that I have marked below is tree in relation to the entity submitting this sworn statement. (Indicate which statement applies.) 00456-2 Neither the entity submitting this sworn statement, nor any of it's officers, directors; exect~ti,,es, 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 1989. The entity submitting this sworn statement, or one or more of its officers, directors, execunves, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an 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, execunvcs, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an 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 of the State o~' Florida, Division of Adnfinistrative 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.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR 'IklE PUBI~IC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBI.IC ENTITY ONLY AND, TltAT 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 INFOP. zMATION CONTAINED IN THIS FORM. 00456-3 By: (Printed Name) (Title) Sworn to and subscribed before me this Personally known: Or Produced Identification day of ~20 Notary Public - State of My Comnnission Expires (Type of Identification (Printed, typed, or stamped commissioned name of notary public) END OF SECTION 00456-4 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~ ~.~ Eric M. Soroka, Ci~g~ Servic~.~ Robert M. Sherman, Di~r~ector~of Community June 25, 2001 Bid No. 01-06-06-2 Custodial Service for Government Center July 3, 2001 City Commission Meeting Agenda Item Recommendation: It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 01-06-06-2 Custodial Service for the Government Center to the lowest responsible and responsive bidder, Tridon Cleaning Contractors, Inc. for the price of $52,800 per year. Back.qround: In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on June 6, 2001. The Finance Support Services Director and City Attorney reviewed all contract specifications prior to advertising for bids. Fourteen (14) perspective bidders attended the pre-bid conference on May 26, 2001 and the City received qualified bids for this project from the following vendors: 1. Tridon Cleaning Contractors, Inc. 2. Precision Janitorial Services 3. Coastal Building Maintenance 4. One Source Tridon Cleaning Contractors, Inc. provided the lowest bid. The contract is for two years with extensions for two additional, two-year periods at the City's sole discretion. Should the City opt to extend the contract, they have agreed to hold their bid prices firm for any extension periods. City Commission June 25, 2001 Page Two Tridon has provided custodial and janitorial services for the City administration and Police Department while housed in temporary offices at the Concorde Center and Aventura Shopping Center, as well as cleaning the buildings at Founders Park. They have performed well and without incident over the past five years. All of their personnel will undergo background checks, and they will post a performance bond of $105,600 and the appropriate insurance naming the City of Aventura as an additional insured. If you desire any additional information, please feel free to contact me. RMS/gf Attachments RMS01072 SECTION 00100 ADVERTISEMENT FOR BIDS Bid # 01-06-06-2 CITY OF AVENTURA Custodial Service for Government Center In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S., the City of Aventttra invites qualified firms to submit bids to provide custodial service for the City's Government Center and other City facilities. The Government Center is approximately 75,000 square feet of air-conditioned space, and Founders Park Main Facility and South Park facility are approximately 1,624 square feet. A mandatory Pre-Bid Conference will be held at 10:00 am on May 16, 2001. The Pre-Bid Conference will be held at the conference room of the City of Aventura. Firms failing to attend the Pre-Bid will be automatically excluded from the bid process. Interested firms should call Jeff Shields at (305) 466-8925 to make arrangements to pick-up the Bid package. The bid will be opened at the following location: Finance Support Services Department City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Sealed bids must be received at the Office of the City Manager, City of Aventura, 19200 West Country Club Drive, Aventura, Florida 33180, no later than 2:00 p.m. on June 6, 2001 and clearly marked on the outside "CUSTODIAL SERVICE BID". Late submittals will not be accepted. The City of Aventura reserves the right, for any reason, to reject any and all bids, to waive any informality, irregularity, or technicality in any bid, to re-advertise for bids, or take any other actions that may be deemed to be in the best interests of the CITY. CITY OF AVENTURA BID NO, 01-06-06-2 (CUSTODIAL SERVICE FOR GOVERNMENT CENTER) SIGN IN SHEET FOR MANDATORY PRE-BID CONFERENCE WEDNESDAY, May 16, 2001 @ 10:00 a.m. Name of Person Name of Person Company Address Phone # Fax # (Signature) (Print) (City/Zip Code) (Area Code) (Area Code) ' 3~/~. - CITY OF AVENTURA BID NO. 01-06-06-2 (CUSTODIAL SERVICE FOR GOVERNMENT CENTER) SIGN IN SHEET FOR MANDATORY PRE-BID CONFERENCE WEDNESDAY, May 16, 2001 @ 10:00 a.m. Name of Person Name of Person Company_ Address Phone # Fax # (Signature) (Print) (City/Zip Code) (Area Code) (Area Code) CITY OF AVENTURA BID TABULATION CUSTODIAL SERVICE BID NO. 01-06-06-2 BID OPENING AT 2:00 PM ON JUNE 6, 2001 Precision Janitorial Services 13500 N.E. 3rd Ct., #224 N. Miami, FL 33161 Antonio Bennett (305) 891-6001 Total Total Bid Shampooing $301,934.64 0 Windows Firm Price Renew $4,250.00 Yes Yes ProperBid Bond No Bidder Qual. Stmt. Yes Public Entity Crime Affidavit Yes Cert. Of J Insurance I No Tridon Cleaning Contractom, lnc. 10337 N.W. 9th St. Miami, FL 33172 Fernando Asoenso (305) 220-4452 $105,600.00 $1,840.00 $4,000.00 Yes Yes Yes Yes Yes Yes Coastal Building Maintenance 15405 N.W. 7th Ave. Miami, FL 33169 Lauren Stephenson (305) 681-6100 $207,000.00 $5,300.00 $4,062.00 Yes Yes Yes Yes Yes Yes OneSource 1323 S. 30th Ave. Hollywood, FL 33020 Riichard A. Cosby (954) 925~3989 $177,240.00 .08 Sq. Ft. $3,600.00 Yes Yes Yes Yes Yes No i ) ) RESOLUTION NO. 2001- __ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LE'I-TING A BID/CONTRACT FOR BID NO. 01-06-06-2, CUSTODIAL SERVICE FOR THE GOVERNMENT CENTER AT THE BID PRICE OF $52,800 PER YEAR TO TRIDON CLEANING CONTRACTORS, INC; 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 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. 01-06-06-2, CUSTODIAL SERVICE FOR THE GOVERNMENT CENTER; 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 Tridon Cleaning Contractors, 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. 01-06-06-2 CUSTODIAL SERVICE Resolution No. Page 2 FOR THE GOVERNMENT CENTER is hereby awarded to Tridon Cleaning Contractors, Inc., in the amount of $52,800 per year. 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. 0019001-590-4620. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R: Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. Page 3 PASSED AND ADOPTED this 3rd day of July, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMO CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY SECTION 00410 B1]) FORM THIS BID IS SUBM~f/~D TO: City d Aventura 19200 West Country Club Drive Aventura, FLOR]DA 33180 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Aventura in the form included in the Contract Docomems to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation thnse dealing with the disPOSition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid openin~ BIDDER agrees to sign and submit the Agreement with the Bends and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Aw'ar& In submitting this Bid, BIDDER represents, as more fully set forth in the A~reement, that: BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledge& ) Addendum No. N/A Dated: Ack:landumNo. N/A Dated: Addendum No. N/A Dated: Addendum No. N/A Dated: BIDDER has ~miliafized themselv~ with the nature and extent of the Contract Documents, Work site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or fiunishing of the Work (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. BIDDER has obtained and carefiflly studied (or assumes responsibilit~ for obtaining and carefully studying) all such examinations, investigations, expl~lltll~l~l~l'l][il'ti~fi~(~F'J~h~b-'~RS, Inc. supplement those referred to in (c) above) whi.'ch pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or fornishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional exammatious, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated an the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDIER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDHR. (h) This Bid is genuine and not made in the interest of or on behalf at any undisclosed person, firm or corporation and is not submitted in conformity with uny agreement or rules of any group, association, Organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, finn or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees that the Contract Price is lump sum to furnish all labor and materials to satisfactorily accomplish the work specified in this bid~ Contractor's price will not be adjusted to reflect any deviation from the original price quoted, except to the extent that the City changes the scope of services after the Contract Date. TRIDON CI,EA_NING CONTKACTORS, Inc. As such the Contractor shall furnish all labor, materials, equipment, tools, superintendence and services necessmy to provide complete Custodial Service for an initial period of two (2) yem-s as specified for the Bid Price of: Monthly Bid Pfice x24 = Total Bid Price for 2 YearPeriod (AxB) $4400.00 x24 = $105600.00 ONE HUNDRED FIVE THOUSAND SIX HUNDRED DOLLARS and 00/100 cents. LUMP SUM (Written Total mo (2) year Bid Price) The City reserves the right to extend contracts for two (2) additional two (2) year periods providing both parties agree that all terms, conditions and specifications remain the same and the extension is approved by the City Mmmger. Biclder afters firm prices for the full oontract period: Yes x No Bidder must indicate if he is willing to extend this contract for: Second tyro (2) year peri~x~ Yes X Third two (2) year period: Yes X Optional shampooing Provide a lump sum price ~er shampooing as follows: First Floor $450.00 Commission Chambers $150.00 Third Floor $240.00 Forth Floor $500.00 Fifth Floor $500.00 No TRIDON C~ .~ANING CONTRACTORS, Inc. Optional Exterior Window Cleaning:, Lump Sum ~er clea~ng: $4000.00 To be scheduled for Weekends and coordinated with Public Works Operations Manager. comnUnUcafion~ concerning this Bid shall be aaclressed to: BIDDER: Address: Telephone Facsimile Number Attention: Mr. Fernando A.~enso 10337 NW 9th. Street # 2 Miami, FL 33172 (305)220-4452 (305) 220-0633 Fernando Ascenso SUBM1TTI~ THIS DAY JUNE 06, 2001 TRIDON Ca ~EANING'CONTRACTORS, Inc. FOUNDERS PARK B'ID FOR CUSTODIA_L SERVICE The price for the custodial service of FOUNDERS PARK is $400.00 per month. To include 7 days per week services. Tridon Cleaning Contractors, Inc. is been servicing the custodial services of the Founders Park since October 1998. TRIDON C~ .F. ANING CONTRACTORS, Inc. OPTIONAL SERVICE ' PRICES Strip and wax resilient floors: 1~. Floor Hallway 3r~. Floor Cafeteria 4th. Floor File room & Kitchen 5th. Floor Copy room & Kitchen Any other resilient floor $140.00 $150.00 $75.00 $75.00 $0.15 cen~ persquarefoot. 00432 - 2 TRIDON CI ,'FAN]~G CONTRAC-'TOI~, Inc. If BIDDt~. is: AN INDIVIDUAL (Individual's Name) (S,~AL) Doin$ business as: Business address: Phone No: Facsimile No: A PARTNERSHIP (Firm's Name) (SEAL) Business address: (General Panner) Phone No: Facsimile No: TRIDON CI.F, ANING CONTRACTORS, Inc. A CORPORATION TRIDON CLEANING CONSTRACTORS. Inc. (Corporation Name) FLORIDA (State of Incorporation) FERNANDO ASCENSO OR LUISA ALONSO (Name of Person Authorized to Sign) ~ MANAGI/~R OR PI~SIDHNT ('rifle) (President) Business address: 10337 NW 9t~. Street # 2 Miami~ FL 33172 Phone No: (305) 220-4452 Facsimile No: (305) 220-0633 TRIDON C'~ .~,ANING CON'rF, AcroRS, Inc. STATE OF FLORIDA SS: COUNTY OF DADE CERTII~ICATE OF AUTHORITY 0~ CO~OR~T~O~0 I HEREBY Ct~RTIFY that a meeting of the Board c~ Directors of the TRIDON CLEANING CONTRACTORS, INC. a corporation existing under the laws of the State of Florida, held on MAY 04, 2001, the following resolution was "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execme the Bid dated, JUNE 06, 2001, to the City of Aventura and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corpor~e Seal sfflxed, shall be the o~icial act and deed of this Corporatiow" 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 the corporation this TRIDON (21',E,Ss.NING CONTRA. C-~ORS, Inc. STATE OF COUNTY OF I ~Y ) ) SS: ) CERTIYICATE OF AUTHORITY 0F PARTNERSHIp) CERTIFY that a meeting of the Partners of the a corporation existing under the law~ of the State of ,20 , the following resolution was duly passed and adopted: "RESOLVED, that, authorized to execute the Bid dated, that their execution thereof, attested by the , held on ,as. 20 of the Parmership, be and is hereby · to the City of Aventura and this partnership and shall be the ~fficial act and deed of this Partnership." I further certify that mid resolution is now in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand this , day of 2O (SEAL) 00410 -12 TRIDON CI,F, ANING CONTIIACTORS, Inc. ATTACHMENTS BID FOR CUSTODIAL SERVICES FOR GOVERNMENT CENTER CITY OF AVENTURA General Information and Procedmes. Certificate of Insurance. Material Safety Data Sheet cleaning products. Health Care Bloodbome Pathogens Cleaning Workbook. Tridon organization chart. Tridon organization chart for the Government Center City of Aventura. DRUG-FREE Workplace Program. 00432 - 3 Sent ~y: FIRST GENERAL INSURANCE; 305 275 2548i Feb-15-01 -ACOF{D,. CERTIFICATE OF LIABILITY INSURANCE First 4neral Insurance 10690 sSw. 7th Terrace Miami, Pi 33174 305-22~j1333 -~o '~ibb. CLEANING CONTRACTORS;  337L2 N W 9 STREET AMI, FL 33172 Page 1/1 02/15/2001 THIE. CERTIFICATE iS ISSUED A; A MAI'~R OF IHFORMAT~ON ONlY ~D C~FER~ NO R~T~ U~ ~E ~R~ATE HOLDE~ ~8 C~TIF~ DOE~ NOT ~O. ~D OR AL~ ~E COVE~GE ~FORDED BY ~E ~ B~OW. INSUR~ ~F~DING COVE~ ~su,~a .~REFE~ED ~TIONAA INS. CO. ~NCERS INS. CO. ~a FIRST COMMERCIAL MUTUAL THE POUC~ OF ~I~UR~qGE USTED eELOW HAVE BEE# I~U~D TO THE INSURED N, M4ED ABOVE/'OR TH~' P~ ~O ~D~, ~T~D~ ANY ~ ~ ~RM ~ ~0~ OF ~ ~ ~ O~ER D~ ~ REgP~ ~ ~ ~S C~TE ~Y ~ ~ OR ~~. ~.~ .~, 000,000100~ ~ -,~(~,--~ ,. , __._~oo"l 5~000 'A .X 25~D[D'-- 90495 02/0~/01 02/01/02 ~~ si,000,000 ~""~ .... ~100~ 000 ~ ~ 50,000 , ' x{~[~ I I~ ~~'~ TBA 02/06/01 02/06/02 C CERTtI~CA'I'~OLDER TRIDON O'.~&NING CONTRACrOllS, Inc. Tridon Cleaning Contractors, Inc. ORGANIZATION CHART. Building Supervisors Customer ServiceDept. Accounting Dept. Marketing & Procedures Dept. Supplies Dept. TRIDON C~ ~a2glNG CONTRACTOllS, Inc. Tridon Cleaning Contractors, Inc. Government Center City of Aventura ORGANIZATION CHART. General' Manager MANAGER Build~ng Sul~rvisor 5 p.m to 10 p.m 1 Janitor 3 pma to i0 p.m. 3 Sanitors 530 p.m tO 9.30 p.m TRII)ON CLFANING CON'rRAcrORS, Inc. DtiNTIFICATION D AND %RIDON GODEN RUI-,Fg TRIDON REMEMBER: TRIDON IS JUST A FREE PHONE CALL AWAY 1(800) 888-6534 or G~o') 220-4*52 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission Resolution Establishing Resident Associations Icedures Concerning Visits With July 3, 2001 City Commission Meeting Agenda Item ~ ~/ Attached is a Resolution prepared by the City Attorney as requested by the City Commission at the June Workshop relating to establishing procedures concerning City Commission visits with resident associations. EMS/ace Attachment CC0990-01 RESOLUTION NO. 2001-__ RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA, AMENDING RESOLUTION NO. 98-55, WHICH CONCERNED COMMUNICATIONS BY MEMBERS OF THE CITY COMMISSION WITH OTHER GOVERNMENTAL ENTITIES AND PUBLIC PRESENTATIONS, AND WHICH PROVIDES A STANDARD OF CONDUCT FOR THE MAYOR AND COMMISSIONERS, TO PROVIDE PROCEDURES CONCERNING VISITS WITH RESIDENT ASSOCIATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 7.03 of the City Charter, the Mayor and Commissioners are subject to standards of conduct for public officers as provided by federal, state, county or other applicable law, and the City Commission is authorized to adopt additional standards of conduct that are not inconsistent with applicable laws; and WHEREAS, the City Commission desires to amend Resolution No. 98-55, so as to provide an additional standard of conduct for the Mayor and Commissioners, as set forth herein, concerning procedures to be followed by members of the City Commission prior to meeting with representatives of homeowner associations, condominium associations, cooperative associations or like groups (the "Resident Associations") on matters of City business. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Recitals Adopted. That the above stated recitals are hereby adopted and Section 1. confirmed. Section 2. Resolution Amended. That Resolution No. 98-55 is hereby amended by amending Section 2 thereof, to read as follows:~ Additions to existing text of Resolution 98-55 are indicated by underline. Section 2. That the Mayor and City Commissioners shall abide by the following additional standards of conduct: Standards of Conduct Concerning Contact with Representatives of other Governmental Entities and for Public Presentations: (a) The Mayor is recognized as the City official designated to represent the City in all dealings with other governmental entities. (b) No Commissioner shall represent the City in dealings with other governmental entities, unless authorized by the Mayor pursuant to authorization granted at a City Commission meeting. This shall not prohibit members of the Commission from expressing their private and personal opinion to representatives of other governmental entities on matters concerning the City, so long as any such opinion is clearly expressed as an individual one and not as being made on behalf of the City or City Commission. (c) The Mayor and Commissioners, in making presentations to the public shall advise of the official position of the City Commission upon matters which have come before the Commission. If no official position has been taken by the Commission on the matter, the Mayor or Commissioner shall state that they are expressing only their personal opinion and not the position of the City or the City Commission. (d) The Mayor or any Commissioner who is invited to make a presentation before or to engage in any discussion with a Resident Association concerning matters of City business or who otherwise plans to attend a Resident Association meeting for such purpose shall first request the City Manager to accompany him or her in appearing before such Resident Association. This is intended to enable the City to address or subsequently respond to any questions raised by persons or to be able to explain the position of the City on the matter. In the event that the City Manager is not available at the time or date requested for the appearance before the Resident Association, the Mayor or Commissioner shall advise the Resident Association that the appearance should be rescheduled. The Mayor or Commissioner shall not attend the Resident Association meeting if the City Manager is not available. This provision shall not apply to the attendance by the Mayor or any 2 Commissioner at meetings of Resident Associations of which the Mayor or Commissioner is a member and the Mayor or Commissioner is not attending for the purpose of making a presentation upon or discussing mattem of City business. Section 3. Any members of the City Commission violating the standards of conduct set forth above shall be subject to reprimand by the City Commission. The Commission reserves the right, by subsequent ordinance or resolution, to prospectively implement other sanctions, in the event that the sanction provided for above is not effective in implementing the purposes of this resolution. Section 4. This Resolution shall be effective immediately upon adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Peflow PASSED AND ADOPTED this 3rd day of July, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY C1TY ATTORNEY CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. arty M. kilgo~e, Fin~ce~upport Services Director Juno 25, 2001 Resolution Electing not to Levy Permit Fees on Communication Service Providers and to Adopt the Higher Conversion Rate Resulting from Such Election. July 3, 2001 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached resolution whereby the City elects not to levy permit fees on communication services providers and to adopt the higher conversion rate for communications tax resulting from such election pursuant to the Communications Services Tax Simplification Law. Background During their 2000 Session, the Florida Legislature adopted the Communication Services Tax Simplification Law (the Law). The purpose of this resolution is to make the various elections for the City of Aventura pursuant to the Law. The Law specifically eliminates a local government's ability to levy utility taxes on telecommunication (telephone) services and franchise fees on cable T.V. and local telephone service. In the case of Aventura, the City has a utility tax rate of 7% on telephone and franchise fee of 1% on telephone and 2% on cable T.V. services. In place of these replaced revenues, the Law established the methodology for the calculation of a single rate on all communication services. The Law established a methodology for calculating "conversion rates" which, when levied against all communication services, would generate the same amount of revenues as was previously produced by the replaced revenues. The Law established the 1999 calendar year as the base period for analysis which would result in the "conversion rates" for each city. For the City of Aventura, our total collections from the replaced revenues were $1,175,044 for the 1999 calendar year. With a taxable base for communications services of $24,879,039, it would take a rate of 4.723% to produce the same revenues ($1,175,044). In addition to basic rates, the 2000 legislation attempted to find a way to standardize the amounts charged to communication companies for excavation, etc. in public rights of way. Page (2) Communications Services Tax Simplification Law (Unified Communications Tax) A portion of the final legislation was to cap permit fees and to allow cities to recoup lost permit fee revenue through increasing the basic rate. After several adjustments for growth in various components and for timing differences (the first year, the City will receive only eleven months collections), which were recognized in Chapter 2001-140 (the Law which implemented the new rates), the conversion rates for Aventura are: A) Effective 10/1/01 to 9~30~02 5.60% if the City elects not to levy permit fees 5.48% if the City elects to levy permits B) For the period 10/1/02 forward 5.20% if the City elects to levy permit fees 5.08% if the City elects not to levy permit fees The calculation of these rates is included as Attachment 1. These rates, along with conversion rates for each municipality in the State are included in Section 202.20, Florida Statues by Chapter 2001-140. A copy of the rates for all cities in Miami Dade County is included as Attachment 2. Section 337.401(3)(c) 1., Florida Statues, requires each local government to notify the Florida Department of Revenue whether it elects to levy or not levy permit fees on communications service providers. If the municipality takes no action, the presumption contained in the Law is that the City waives the right to levy permit fees but does not receive the increase in rate which is otherwise authorized under the Law. Therefore, if Aventura takes no action, the conversion rate will be 5.48% from 10/1/01 to 9/30/02 and 5.08% effective 10/1/02. In addition, the City would be barred from levying permit fees on communication service providers. However, the City can specifically elect not to levy permit fees, and may elect to receive the increase in rate to offset the loss of the right to levy such fees. The increase in rate is 0.12% and would represent approximately $28,000 the first year. Based on the Law's limit on permit fees to $100 per permit, I believe that it would be advantageous for the City to elect not to levy permit fees and to adopt the conversion rate including the 0.12% which is authorized if we forego the right to levy permit fees on communication service providers. To accomplish the election not to levy permit fees and to receive the 0.12% compensation for that election, the City needs to enact the attached resolution and forward same to the Department of Revenue before July 16th. If there are questions on this matter, please feel free to call or stop by my office at any time. HMKJmn Attachment 1 CITY Of AVENTURA CALCULATION OF CONVERSION RATE PURSUANT TO THE COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW REPLACED REVENUES FOR THE 1999 CALENDAR YEAR: TOTAL CASH RATE UTILITY TAX-TELEPHONE FRANCHISE FEE-CATV FRANCHISE FEE-TELEPHONE TOTAL REPLACED REVENUES LESS ADJUSTMENT FOR PRIOR YEAR RECEIPT FROM TCl ADJUSTED REPLACED REVENUES TOTAL ESTIMATED TAXABLE BASE ON ALL COMMUNICATIONS SERVICES UNADJUSTED RATE NECESSARY TO GENERATE THE SAME AMOUNT AS THE REPLACED REVENUES (A/B) ADUSTMENTS TO ARRIVE AT CONVERSION RATE: RECOGNIZED INCREASE IN CABLE TV COMPONENT PER LAW TOTAL CONVERSION RATE CONVERSION RATE ROUNDED UP TO NEAREST TENTH PERCENT PER LAW (RATE EFFECTIVE 10/01/02) REDUCTION IF CITY ELECTS TO LEVY PERMIT FEES ON COMMUNICATION SERVICE PROVIDERS CONVERSION RATE IS CITY ELECTS TO CHARGE PERMIT FEES (RATE I EFFECTIVE 10/01/02) ADJUSTMENT TO FIRST YEARS RATE DUE TO TIMING DIFFERENCES (ONLY 11 MONTHS COLLECTIONS IN FIRST YEAR) FIRST YEAR CONVERSION RATES: IF CITY ELECTS NOT TO CHARGE RECEIPTS 7% $ 994,946 2% 114,584 1% 91,949 1,201,479 26,435 I $ 1,175,044 $ 24,879,039 4.723% J(A) (B) 0.442% 5.165% 5.20%l(0-1) 0.12% 5.o6%1(c-2) 0.40% PERMIT FEES (C-1 PLUS .40%)(10/01/01 RATE)~(D-1) REDUCTION IF CITY ELECTS TO LEVY PERMIT FEES ON COMMUNICATION SERVICE PROVIDERS 0.12% CONVERSION RATE IS CITY ELECTS TO CHARGE PERMIT FEES(10/01/01 RATE) J 5.48%J(D-2) Attachment 2 Convemion R~es ~r all Dade Coun~ Cities Effective 1~01~1 ENROLLED 2001 Legislature CS for CS for SB 1878, 2nd Engrossed (ntc) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 )section (12) is added to section 202.19, Florida Stat~ 9 Authorization to impose local services (12) other of this section, with respect pile services, the rate of a local commu~ section shall be appl communications servic a home service deemed to tax levied under this of all mobile to a customer by ,) of the Mobile Telecommunic Sourcing Act, Pub. L. No. 10~q252, if such custome= service address is located within the municipality the tax or within the unincorporated area of the~ Section 12. Effective with respect to communications services reflected on bills dated on or after October 1, 2001, section 202.20, 202.20 rates.-- (1) (a) September 30, Florida Statutes, is amended to read: Local communications services tax conversion For the period of October 1, 2001, through 2002, there are hereby levied the following local communications services tax conversion rates on taxable sales as authorized by s. 202.19. The conversion rates take effect without any action required by the local government. The conversion rates for local governments that have not chosen to levy permit fees do not include the add-ons of up to 0.12 percent for municipalities and charter counties or of up to 0.24 percent for noncharter counties authorized pursuant to s. 337.401. 38 CODING:Words ~ are deletions; words underlined are additions. A~achme~ 2 Convemion R~es ~r all Dade Coun~ Cities Effective 10~1~1 ENROLLED 2001 Legislature CS for CS for SB 1878, 2nd Engrossed (nrc) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Jurisdiction County Conversion Conversion rates for rates for local local governments governments that have NOT that have chosen to chosen to levy levy permit fees permit fees ~-'C'~JA AI~=I~ 5.00% ~ Alachua 4.10% 3. Archer~ Alachua 3.30% .8% Gainesvi~e Alachua 5.30% 18% Hawthorne ~ Alachua 2.00% 1.88% High Sprin~s~A__lachua 2.80% 2.68% LaCr~ ~ 3.60% 3.48% Mica~_o_~_ Al~u~a 2.7 2.58% Newberry ~ 4.48% Waldo Ala__chua~ .40% 1.28% BAKER Baker ~ 0.50% 0.50% Glen Saint Mary Baker 5.70% 5.58% Macclenny Bake~ .40% 6.28% BAy 0.~ 0.00__~ Callaway 5.5__0~ 5.38% Cedar Grove 5.20% ~ 5.08% Have~ Bay ~ ~ 5.18% Mexico Bay ~ ~ 3.08! Bay 5.30% ~5.18~ 3.80% ~ 39 City ~ch Bay CODinG:Words ~ are deletions; words underlined are additions. Attachment 2 Convemion Rates ~r all Dade Coun~ Cities Effe~ive 10/01~1 ENROLLED 2001 Legislature CS for CS for SB 1878, 2nd Engrossed (nrc) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ~Breeze Park ~ 9t~:?_rt H~rtin 5.20% MIAMI-DADE Miami-Dade 5.00% 4.78% Aventura Miami-Dade 5.60% 5.48% Bal Harbour Miami-Dade 5.40% 5.28% Bay Harbor Islands Miami-Dade 5.20% 5.08% Biscayne Park Miami-Dade 4.70% 4.58% Coral Gables 4.40% 4.28% 6.00% 5.88% 5.80% 5.68% 2.10% 1.98% Hialeah Miami-Dade 5.40% 5.28% Hialeah Gardens Miami-Dade 5.60% 5.48% Homestead Miami-Dade 5.70% 5.58% Indian Creek Village Miami-Dade 0.80% 0.68% Islandia Miami-Dade 0.00% 0.00% Key Biscayne Miami-Dade 5.00% 4.88% Medley Miami-Dade 6.70% 6.58% Miami Miami-Dade 5.10% 4.98% Miami Beach Miami-Dade 5.10% 4.98% Miami Shores Miami-Dade 6.10% 5.98% Miami Springs Miami-Dade 3.20% 3.08% North Bay Miami-Dade 5.30% 5.18% North Miami Miami-Dade 5.20% 5.08% North Miami Beach Miami-Dade Miami-Dade E1 Portal Florida Cit~ Golden Beach Miami-Dade Miami-Dade Miami-Dade 5.40% 5.28% 48 CODING:Words st~r~ck'~n are deletions; words underlined are additions. Attachment 2 Conversion R~es ~r all Dade County Cities Effective 10/01/01 ENROLLED 2001 Legislature CS for CS for SB 1878, 2nd Engrossed (nrc) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Opa-Locka Miami-Dade 4.00% Pinecrest Miami-Dade 5.90% South Miami Miami-Dade 5.20% Sunny Isles Beach Miami-Dade 5.50% Surfside Miami-Dade 5.20% Sweetwater Miami-Dade 5.00% Virginia Gardens Miami-Dade 0.40% West Miami Miami-Dade 4.80% Monroe 0.40% 3.88% 5.78% 5.08% 5.38% 5.08% 4.88% 0.28% 4.68% 1.5C% Beach Monroe 2.60% 2.48% Key West Monroe 1.60% 1.48% Layton Monroe 0.00% 0.00% Marathon 2.1( 1.68% NASSAU 0.80% Callahan .90% 4.78% Fernandina Beach Nassau 5.40% 5.28% Hilliard Nassau 3.40% 3.28% OKALOOSA OkaL ~.70% 0.70% Cinco Bayou )osa ~ 5.28~% Crestview )osa ~ 3.58% Destin ~loosa ~.10% ~ 1.98% Ft. Beach Okaloosa _5.9~0% ~ 5.78% Okaloosa ~.0~0% Okaloosa 5.30% ~8% 6.00% Niceville Okaloosa 5.88% 49 CODING:Words ~ are deletions; words underlined are additions. Attachment 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ENROLLED Conversion Rates for all Dade County Cities Effective 10/01/02 2001 Legislature CS for CS for SB 1878, 2nd Engrossed (ntc) ~q~pley Washinqton 5.70% 5.5~%~/~ Ebro~Washington0.60~%//~__.48__% Vernon ~hington 5.80%/ 5.68% Wausa__u Was~ 1.78% The conversion ra~'~i~l ya ed in the~'~s with the name of the county in c~ized letters assigns the c~d~ersion rate for the u~corporated area. This paragraph is repeate~d~ctober t, (b) Beginning October 1, 2002, there are hereby levied the following local communications services tax conversion rates on taxable sales as authorized by s. 202.19. The conversion rates take effect without any action required by the local government. The conversion rates for local governments that have not chosen to levy permit fees do not include the add-ons of up to 0.12 percent for municipalities and charter counties or of up to 0.24 percent for noncharter counties authorized pursuant to s. 337.401. Jurisdiction County Conversion Conversion rates for local rates for local governments that have NOT governments that have chosen to levy chosen to levy per, it fees permit fees Alachua~~Alachua 3.80%~. 58% Archer Ai~ 2.98 % cain__es~i.~ H_a,~t~¢~ e Alachua 1.90 % 57 CODING:Words ~ are deletions; words underlined are additions. Attachment 2 ENROLLED Conversion Rates for all Dade County Cities Effective 10/01/02 2001 Legislature CS for CS for SB 1878, 2nd Engrossed (nrc) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 Manatee Bradentc Beach Manatee Holmes Beach Manatee Palmetto Longboat Key MARION Marion Bellview Marion Dunnellon Marion McIntosh Marion Ocala MarJ Reddick MARTIN artin Jupiter Island Martin Ocean Martin lls Point Martin ~,~~ ...... ~ .~.art in MIAMI -DA/DE Miami-Dade Aventura Bal Harbour Bay Harbor Islands Biscayne Park Coral Gables Miami-Dade Miami-Dade Miami-Dade Miami-Dade Miami-Dade E1 Portal Miami-Dade Florida City Miami-Dade Golden Beach Miami-Dade 1_40% 5.60% 5.60% 5.48% 3.50% 3.38% 5.30% 5.18% 3.08% 00% 0.00% 0.90% 0.78% 4.50% 4.38% 1.30% 1.18%  4.68% 1.18% 1.3o__% 1.3o___~ 2.30% 2.~8% ~.99% 4.70% 4.48% 5.20% 5.08% 4.90% 4.78 4.80% 4.68% 4.40% 4.28% 4.10% 3.98% 5.60% 5.48% 5.30% 5.18% 2.00% 1.88% 66 CODING:Words ~ are deletions; words underlined are additions. Attachment 2 ENROLLED Conversion Rates for all Dade County Cities Effective 10/0'1/02 2001 Legislature CS for CS for SB 1878, 2nd Engrossed (ntc) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 Hialeah Miami-Dade 5.00% 4.88% Hialeah Gardens Miami-Dade 5.10% 4.98% Homestead Miami-Dade 5.30% 5.18% Indian Creek Village Miami-Dade 0.70% 0.58% Islandia Miami-Dade 0.00% 0.00% Key Biscayne Miami-Dade 4.60% 4.48% Medley Miami-Dade 6.10% 5.98% Miami Miami-Dade 4.70% 4.58% Miami Beach Miami-Dade 4.70% 4.58% Miami Shores Miami-Dade 5.60% 5.48% Miami Spri~ Miami-Dade 3.00% ~.~ North Bay Miami-Dade 4.90% 4.78% North Miami Miami-Dade 4.80% 4.68% North Miami Beach Miami-Dade 5.00% 4.88% Opa-Locka Miami-Dade 3.70% 3.58% Pinecrest Miami-Dade 5.40% 5.28% South Miami Miami-Dade 4.80% 4.68% Sunny Isles Beach Miami-Dade 5.00% 4.88% Surfside Miami-Dade 4.80% 4.68% Sweetwater Miami-Dade 4.60% 4.48% Virginia Gardens Miami-Dade 0.40% 0.28% West Miami Miami-Dade 4.40% 4.28% M~STD~ M ..... 1 . 40% 1 4 a~ 67 CODING:Words ~ are deletions; words underlined are additions. RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ELECTIONS UNDER FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW; PROVIDING FOR THE ELECTION NOT TO CHARGE PERMIT FEES TO COMMUNICATIONS PROVIDERS; PROVIDING FOR INCREASING THE COMMUNICATION SERVICES TAX RATE BY 0.12% IN LIEU OF IMPOSING PERMIT FEES; PROVIDING FOR ADOPTION OF CONVERSION RATES CONTAINED IN SAID LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 2000-260, Laws of Florida, as amended by Chapter 2001 - 140, Laws of Florida (hereinafter "Communications Services Tax Simplification Law"), restructures and consolidates all taxes and fees imposed upon communications services; and WHEREAS, as allowed by the Communications Services Tax Simplification Law, the City desires to adopt a rate for the local communications services tax (CST) to be distributed to City from the State of Florida Department of Revenue in order to minimize the fiscal impact to the City due to passage of this state law; and WHEREAS, The Communication Services Tax Simplification Law requires each municipality to make an election regarding the payment of permit fees by providers of communications services and further requires each municipality to inform the Department of Revenue of its election by certified mail by July 16, 2001 ;and Resolution No. 2001-__ Page 2 WHEREAS, a municipality may require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights-of-way for the provision of communications services. However, to ensure competitive neutrality among providers of communications services, a municipality that elects to exercise its authority to require and collect permit fees will have an automatic reduction in the rate of local communications services tax for the municipality, as computed under the Communications Services Tax Simplification Law by a rate of 0.12%; and WHEREAS, alternatively a municipality may elect not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads of rights-of-way for the provision of communications services. If the municipality elects not to require and collect permit fees, the total rate for the local communications services tax as computed under the Communications Services Tax Simplification Law may be increased by an amount not to exceed a rate of 0.12%; and WHEREAS, the Communications Services Tax Simplification Law requires local governments to inform the State of Florida Department of Revenue of its elections by certified mail no later than July 16, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2001-__ Page 3 Section 1: It is the intent of the City Commission of the City of Aventura to make elections on permit fees and communication services tax (CST) rates required by the Local Communications Services Tax Law. Section 2: The City of Aventura elects not to require and collect permits fees from any provider of communications services that uses or occupies municipal roads or rights-of-way for the provision of communications services. Section 3: The City of Aventura, in order to minimize the fiscal impact to the City due to passage of the Local Communications Services Tax Law, ejects to increase the total rate of the (CST) by 0.12% pursuant to Section 337.401, Florida Statutes, in lieu of imposing permit fees on communications services providers desiring to occupy City rights-of way. Section 4: Pursuant to Section 202.20, Florida Statues, as amended by Chapter 2001-140, Laws of Florida, the City Commission of the City of Aventura, Florida, hereby elects to adopt the conversion rate of 5.48 percent contained in said Section as the City's local Communications Service Tax (CST) for the period of October 1,2001 through September 20, 2002. Section 5: Pursuant to Section 202.20, Florida Statutes, as amended by Chapter 2001-140, Laws of Florida, the City Commission of Aventura, Florida, hereby further elects to adopt the conversion rate of 5.08 percent rate contained in said Statutes as the City's CST beginning October 1,2002. Section 6: The rates set forth in Sections 4 and 5 do not include the 0.12 percent permit fee Add-on allowed by Section 337.401, Florida Statues as amended by Chapter 2001-140 and established in Section 3 of this Resolution. Resolution No. 2001-__ Page 4 Section 7: In the aggregate, the CST rate is 5.60 percent, the conversion rate contained in Section 220.20, Florida Statutes, said rate to be effective October 1, 2001 through September 30, 2002. In the aggregate, the CST rate is 5.20 percent, the conversion rate contained in Section 220.20, Florida Statutes, said rate to be effective October 1,2002 and thereafter, unless changed by action of the City Commission. Section 8: The City Manager or his designee is hereby directed to transmit a true and correct copy of this Resolution to the State of Florida Department of Revenue by certified mail no later than July 16, 2001. Section 9: If any section, subsection, sentence, clause, or provision of this Resolution is held unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remainder of this Resolution. Section 10: The provisions of this Resolution shall become effective upon approval by the City Commission. who The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001 Page 5 PASSED AND ADOPTED THIS 3rd day of July, 2001. ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: JEFFREY M. PERLOW, MAYOR CITY ATTORNEY TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M. Soroka, City,~ Brenda Kelley, Corhmc June 25, 2001 lit~aygDe!~/elop merit Direc~ Request of Turnberry Associates for Final Plat Approval Aventura 15th Addition (06-SUB-01) 19900 & 19950 West Country Club Drive, Aventura July 3, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the "Aventura 15th Addition" Final Plat. THE REQUEST The applicant, Shopping Center Management d/b/a Turnberry Associates, is requesting Final Plat approval of the subject property with the intent of creating two tracts from the remainder of Tract "E" laid out by the plat named "Aventura Second Addition". The original Tract "E" was previously subdivided to convey the South Trust Bank site. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Shopping Center Management d/b/a Turnberry Associates LOCATION OFPROPERTY 19900 & 19950 West Country Club Drive (see Exhibit #2 for Location Map and Exhibit #3 for Aerial Map) SIZE OF PROPERTY Approximately 3.94 acres LEGAL DESCRIPTION A portion of Tract E, Aventura Second Addition, Plat Book 99, Page 21, recorded in the Public Records of Miami-Dade County, Florida DESCRIPTION The plat named "Aventura Second Addition" was recorded in the Public Records of Miami-Dade County in October of 1972. (See Exhibit #4 for Aventura Second Addition) Tract "E" on that plat contained approximately 5.0 acres of land. In 1988, a portion of Tract "E" measuring 1.07 acres was conveyed for construction of the South Trust Bank building and parking area. The applicant now proposes to create two tracts from the remainder of Tract "E". Tract A on the newly created plat will house a 9-story, 191 unit Marriott Residence Inn and a 2-story, 2500 square foot office building is proposed on Tract B. Site Plan Approval for these two new developments was issued by the City on March 15, 2001. Tentative plat approval was issued by the City on January 9, 2001 and by Miami- Dade County on March 9, 2001. ANALYSIS Site Plan - The site was granted Administrative Site Plan Approval by the City on March 15, 2001. A 9-story, 191 unit hotel is under construction on Tract "A" and a 2-story, 25,000 square foot office building is proposed on Tract "B". Zoning - The City of Aventura Land Development Regulations designate this site as B2 (Community Business) District. Future Land Use Designation - The adopted City of Aventura Comprehensive Plan designates the site as Business and Office. Access- The site is accessed from the public road named West Country Club Drive. 2 March 29, 2001 rn bert y ss adates RECEIVED RECEIVED JUN ~,)8 2001 COMMUNITY DEVELOP ~MENT COMMUNITY DEVELOP ,MENT HAND DELIVERED Ms. Brenda Kelley, Director Community Development Department CITY OF AVENTURA 999 N.E. 191~t Street- Suite 500 Aventura, Florida 33180 Re: N-1 Site - Final Plat Application Dear Brenda: As you know, the above captioned tentative plat was previously approved by the City of Aventura as well as by the Dade County Plat Committee. For your convenience, a copy of the approval notice is attached. In accordance with the City's final approval of our site plan, we are now submitting the enclosed application for Final Plat. This plat will enable us to develop a small office building and a hotel building on one parcel. It is our intent to develop the property consistent with the previously approved plan. We believe this plat accommodates the site and is in conformance with the City's Land Development Regulations. As always, thank you for your assistance. If you have any questions, please don't hesitate to contact me. Sincer~ ~Berlin /d Encl. EXHiB I #1 06-SUB-01 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5511 SiTE EXHiBiT #2 06-SUB-01 LEGEND I RACT E EXHiBiT #3 06-SUB-01 ! I .... ................ . ....... .......................... , I~} I ,]~ .~- ,. ....................... ' ......................... ' ~:5}}5 , ...................................... ~---~ ,'. i · .:.~ . T~ tx , ,~ "~_ ~ ........... ..... ~.- ...... I ,~ I . ~' ~ -. , ....................... . ., .... . ~..~.~ ..... ~ .- ..... . _..~_.~._.,:.~:.:.:~..=....:.:,."...,...., . ~ · . . · ,, , ,, 1,' ,, i RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AVENTURA FIFTEENTH ADDITION, BEING A REPLAT OF A PORTION OF TRACT E OF AVENTURA SECOND ADDITION, PLAT BOOK 99 AT PAGE 21, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the applicant, Shopping Center Management d/b/a Turnberry Associates, by and through Application No. 06-SUB-01, has requested Final Plat approval for Aventura Fifteenth Addition, being a replat of a portion of Tract E of Aventura Second Addition, Plat Book 99, Page 21, City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated herein by reference and made a part of this Resolution as Exhibit #1; and WHEREAS the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, and finds that the Final Plat approval is in the best interests of the citizens of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Final Plat approval for Aventura Fifteenth Addition, more particularly described as: A replat of a portion of Tract E of Aventura Second Addition according to the plat thereof recorded in Plat Book 99 at Page 21 of the Public Records of Miami- Dade County, Florida, described as follows: Resolution No. 2001- Page 2 Begin at the southwest corner of said Tract E; Thence along the southerly and easterly boundary line of said Tract E for the following described two courses; 1) Thence N 87 degrees 19 minutes 28 seconds E for 266.00 feet; 2) Thence N 2 degrees 40 minutes 32 seconds W for 645.01 feet; Thence S 87 degrees 19 minutes 28 seconds W for 266.00 feet to a point on the westerly boundary line of said Tract E; Thence S 2 degrees 40 minutes 32 seconds E, along the westerly boundary line of said Tract E for 645.01 feet to the point of beginning is hereby granted exclusively to the Applicant. Section 2. The City Manager and City Clerk are hereby authorized to sign the face of the Plat. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by Commissioner , moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay Beskin Commissioner Harry Holzberg Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001- Page 3 PASSED AND ADOPTED this 3rd day of July, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of July, 2001. CITY CLERK CITY OF AVENTURA TO: FROM: DATE: SUBJECT: OFFICE OF THE CITY MANAGER MEMORANDUM City Commission /"'- Eric M. Soroka, City~a.l~e~r(~'~ June 27, 2001 ~ Government Center Project - Change Order July 3, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Change Order in the amount of $115,970 for the Government Center project. BACKGROUND Unforeseen circumstances made it necessary to modify the contract to accommodate construction requirements. The items contained in the attached Change Order have been grouped into four specific construction areas as follows: Fire Department Permit Requirements - The original plans were reviewed by the Metro-Dade Fire Department at the time the permit was issued and several modifications were required. In addition, based on inspections required at the time of TCO the Fire Department required additional alarms, smoke detectors, fire pump revisions, lighting, backup lighting and wiring revisions. Cost - $77,918. Elevator Revisions - The original plans were reviewed by Miami-Dade and the state at the time the permit was issued for the elevators. At the time the elevators were inspected for final approval several revisions were requested by the inspector. Cost - $11,691. Steel Plates - Due to the curtainwall design, steel plates were required to be installed between the slab and windows at the north and south areas of the building Cost - $8,318. Memo to City Commission Page 2 4. Mechanical Room Revisions - Various revisions were made to the Mechanical Room's smoke evacuation fan, NC ductwork/insulation and stair pressurization fan was relocated to the roof level to meet code requirements. Cost - $8,318. There are sufficient funds in the Construction Project Fund to offset the Change Order amount. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0991-01 Government Center Project Change Order July 3, 2001 Elevator Revisions Add Heat detector @ elevator mom #162 Elevator Inspection Changes Electrical revisions $ 637 5,276 5,778 Subtotal Steel Plates between Slabs and Windows 8,318 Subtotal Fire Department Permit Requirements Retest Stations Electrical Modifications Provide battery backup lighting for 3rd & 4th floors Recaulk @ tilt up for fire alarm devices Relocate emergency light at fire pump room Drywall repairs due to fire alarm revisions 602 20,923 3,617 119 527 550 Add 20 Battery packs exit lights at 2nd floor Additional fire alarm revisions Cost to FPL due to fire pump revisions Aaa smol~e Qetectors ~.nol(3mg cells 3,309 39,783 2,199 6,891 Subtotal Mechanical Room Revisions Revisions to Mechanical Room #601 Subtotal 17,441 11,691 8,318 78,520 17,441 Total change to GMP $ 115,970 RESOLUTION NO. 2001- 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 A'I-rACHED CHANGE ORDER FOR THE 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. 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 and otherwise enter into Change Order Number 7 for the Aventura Government Center, by and between the City and James A. Cummings, Inc., attached hereto and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $115,970.00. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey Perlow Resolution No. 2001- Page 2 PASSED AND ADOPTED this 3rd day of July, 2001. JEFFREY PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITYCLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission(. ~ Eric M. Soroka, City~ May 25, 2001 Ordinance Repealing Beautification Advisory Board and Recreation and Cultural Arts Advisory Boards and Creating a Community Services Board 1st Reading June 5, 2001 City Commission Meeting Agenda Item 2"d Reading July 3, 2001 City Commission Meeting Agenda Item As per the City Commission's direction at the May Workshop Meeting, attached is the subject Ordinance for your consideration. EMS/aca Attachment CC0981-01 ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" ARTICLE III "ADVISORY BOARDS" TO REPEAL DIVISION 2 "BEAUTIFICATION ADVISORY BOARD" AND DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY BOARD"; AND REPLACE THEM WITH NEW DIVISION 2 ENTITLED "COMMUNITY SERVICES ADVISORY BOARD"; PROVIDING FOR CREATION; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission desires to discontinue the Beautification Advisory Board and Recreation and Cultural Arts Advisory Board, established by Ordinance No. 96-10, as amended by Ordinance No. 96-23, and Ordinance No. 96- 24 as provided for in Section 2-121 through 2-156 of Article 11 "Advisory Boards" of Chapter 2 "Administration"; and WHEREAS, the City Commission desires to create a new Advisory Board, to be known as the Community Services Advisory Board, to provide advice and recommendations to the City Commission on matters concerning City beautification projects, cultural arts, special events, youth programs, senior citizen programs and recreational activities. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Division 2 "Beautification Advisory Board", Sections 2-121 through 2-126 and Division 3 "Recreation and Cultural Arts Advisory Board" Sections Ordinance No. 2001-__ Page 2 2-151 through 2-156 of Article III "Advisory Boards" of Chapter 2 "Administration" of the City Code, which read as set forth on Exhibit "A" attached hereto, are hereby repealed. Section 2. That Chapter 2 "Administration", Article III, "Advisory Boards" of the City Code is hereby amended to create a new Division 2 entitled "Community Services Advisory Board", to read as follows: DIVISION 2. COMMUNITY SERVICES ADVISORY BOARD Sec. 2-121. Creation, Composition and Qualifications. (a) There is hereby created and established the City of Aventura Community Services Advisory Board (the "Board") consisting of thirteen (13) members who shall be appointed by the Mayor, subject to the approval of the City Commission. Members of the Board shall be appointed in accordance with procedures established by the City Commission and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. (b) Each member of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six (6) month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired Ordinance No. 2001-__ Page 3 portion of the term of the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: 1. Expressed interest and/or experience in landscape design and architecture, beautification projects, youth and/or senior citizen programs, recreation activities, culture and the arts. 2. Evidence of a commitment to serve and act in the best interests of the citizens of Aventura. (c) In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining members of the Board. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and provide necessary staff support for the Board. Sec. 2-122. Term of Office. Board members selected by Commission nomination shall serve for a term of one year and may be re-appointed. Board members selected by the application process shall serve for a two-year term and may be re-appointed. Sec. 2-123. Advisory Capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Commission and City Manager. Sec. 2-124. Rules of Procedure. 3 Ordinance No. 2001-__ Page 4 (a) The Board shall adopt rules of procedure not inconsistent with the Ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman, both of whom shall serve one term only. (c) Nine (9) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least seven (7) affirmative votes shall be required for official action. Sec2-125. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: · Stimulate greater public awareness and appreciation of the importance of beautification, recreation and cultural arts in the City. · Assist in the formulation of special events, recreation activities, senior, youth and cultural programs. · Provide recommendations on landscaping and beautification projects. · Promote the sponsorship of cultural arts and special events by community and civic organizations. · Encourage and facilitate opportunities for City residents to participate in various cultural events and activities. · Act as the City's tree board for the Tree City USA requirements. · Other matters assigned by the City Commission and City Manager. 4 Ordinance No. 2001-__ Page 5 Sec. 2-126. Standards of Conduct for Members. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4, Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the work "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. The motion was seconded by Commissioner Grossman, and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow yes yes yes yes absent yes yes Ordinance No. 2001 Page 6 The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner ., and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED on first reading this 5th day of June, 2001. PASSED AND ADOPTED on second reading this 3'd day of July, 2001. A'FFEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMO CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, Cit/~yfvl. a~ May 25, 2001 Ordinance Creating Economic Development Advisory Board 1st Reading June 5, 2001 City Commission Meeting Agenda Item 2"d Reading July 3, 2001 City Commission Meeting Agenda Item In accordance with the City Commission's direction at the May Workshop Meeting, attached is an Ordinance creating the City of Aventura Economic Development Advisory Board. EMS/aca Attachment CC0982-01 ORDINANCE NO. 2001-__ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to create an advisory body, to be known as the City of Aventura Economic Development Advisory Board, to provide advice and recommendations to the City Commission on matters concerning businesses and economic development in the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Creation, Composition and Qualifications. A. There is hereby created and established the City of Aventura Economic Development Advisory Board (the "Board") consisting of thirteen (13) members who shall be appointed by the Mayor, subject to the approval of the City Commission. Members shall be appointed based on procedures established by the City Commission. Members of the Board shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. B. It is the expressed intent of this Ordinance that the Board consists of a broad representation of the business community including, but not limited to, small business owners and not-for profit organizations. Each member of the Board Ordinance No. 2001-__ Page 2 shall either own, operate or be the CEO of a business within the corporate limits of the City, or be a resident of the City presently retired who has extensive experience in business or marketing. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission. C. In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining members of the Board. D. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and provide necessary staff support for the Board. Section 2. Term of Office. Board members selected by Commission nomination shall serve for a term of one year and may be re-appointed. Board members selected by the application process shall serve for a two-year term and may be re-appointed. Section 3. Advisory Capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Commission and City Manager. 2 Ordinance No. 2001-__ Page 3 Section 4. Rules of Procedure. The Board shall adopt rules of procedure not inconsistent with the Ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. A. During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman, both of whom shall serve in such capacity for one term only. B. Nine (9) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least seven (7) affirmative votes shall be required for official action. Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice adopted by motion to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: · To provide the City with the benefit of knowledge, experience and business resources in order to further the efforts of the City in business attraction, retention and development. · To advise the City Commission and City Manager as to specific issues regarding efforts to expand and diversify the commercial tax base, business recruitment, retention and expansion. · To provide input relative to commercial redevelopment and revitalization. 3 Ordinance No. 2001-__ Page 4 · To provide input relative to City services that affect the business community and other issues that affect the business community. · To recommend programs that will promote and market the City's business community. · Other matters assigned by the City Commission or City Manager. Section 6. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the work "Ordinance" shall be changed to "Section" or other appropriate word. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 4 Ordinance No. 2001-__ Page 5 The foregoing Ordinance was offered by Commissioner Holzberg, who moved its adoption on first reading. This motion was seconded by Vice Mayor Cohen, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert absent Vice Mayor Ken Cohen yes Mayor Jeffrey M. Perlow yes 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading this 5th day of June, 2001. 5 Ordinance No. 2001-__ Page 6 PASSED AND ADOPTED on second reading this 3rd day of July, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMO CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 6 MIAMI DALLY BUSINESS REVIEW Pubfished Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dada County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DAOE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/Ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miamk Dada County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING 7/3/01 APPLICATION NO. 04-VAR-01 in the ............ XXXXX ...................... Court, was published in said newspaper in the issues of Jun 22, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dada County, Florida, and that the said newspaper i3as heretofore been continuously published in said Miami-Dada County, Florida, each day (except Saturday, Sunday and Legat Holidays) and has been entered as second class mall matter at the post office in Miami in said Miami-Dada County, Florida, for a period of one year next preceding tbe first publication of the attached copy of advertisement; and affian~,a~j~tIther says that she has neither paid nor promised any n firm or corporation any discount, rebate, com- mission ~r refund for the purpose of securing this advertise- me~t f01~publicat~ in the said newspaper. S and subscri d b this .......................... Sookie Williams persoml,,y ~,,--:-~Fi[JY~L NOT ! ARYSEAL I J,~rrr LLERENA ]NOTARY PUBLIC STATE OF FLORIDA ~ COMMISSION NO. CC 912958 ~ MY COMMISSION EXP~. _NE CITY OF AVENTURA Date and Time of Public Hearing: Tuesday, July 3, 2001 6:00 p.m. Applicant Name: Aventura Office Park, LLC Applicant's Request: The applicant is requestMg the following: 1) A Variance from Section 31-171 of the CRy's Land Devel- opmant Regulations to allow 78 off-street parking spac- es where 86 off-street parking spaces are required by Code. 2) A Vadance from Section §1-144(f) of the Ciys Land De- velopment Regulations to allow a rear yard setback for the easterly building ol 10' where 25' is required by Code. 3) A Release of a Declaration of Use recorded January 15, 1971 in Official Records Book 7031 Page ~30. which m- st ricted the use of Lots 6 & 7. Block 34 of Hallandale Park to single family residencet Application Number: 04-VAR-0! Location Of Subject Property: East Dixie Hignway between NE 213 Street and NE 214 Street. gether with Lots 1.2. 3. 4. 6. 7. 8. 9. 10 and the West ~ 5 feet of Lot 5 Block 34. and Lots 6.7. & 8 Block 35. Hallandale Park, according to the plat therecf, as recorded in Book 12. Page 37 of the public records of M[ami-Dade County, Flodda. Size of Subject Property: 1.765 Acres Plans are on file and may be examined during regular business hours in the City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing pm- The Public Headng will be held at City of Aventura Government Cen- ter;~'19200 West Country Club Drive, Aventura, Florida 33180. Your comments may be made in person at the hearing or filed in wdting prior to the hearing date. Refer to applicant/property on correspondence and mail same to City of Aventura Government Center, Community Develop- ment Department, 19200 West Country Club Drive, Aventura, Florida 33180. For fudher information, please call (305) 466-8940. In accordance with the Amedcans with Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commis- sion with respect to any matter considered at a meeting or hearing, that parson 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. Teresa M Soroka, CMC, City Clerk 6/22 01-3-105/174490M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Date County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES 7/3/01 intl~ ............ .~..~..~x;. ?~. ~ ...................... Court, was published in said newspaper in the issues of Jun 11~ 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dade County, Florida, and that the said newspaper has heretofore been continuously published in said MiamI.Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Date County Florida, for a period of one year next preceding the first ation of the attached copy of advertisement; and aflia er says that she has neither paid nor promised any , firm or corporation any discount, rebate, corn- mi r refund for the purpose of securing this advertise- me public n in the said news per.  'worn to and subscr of ore me this ..... ............ .OOl ARYSEAL S~lliams~ers°n'~a yF~~ I NOTARY PUBLIC STATE OF FLORIDA I [ COMMISSION NO. CC 912958 [ MYCOMMISS1ON EXP. ~UNE 23r2004 CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tue$oay, the 3rd day of Juiy, 2001 at a meeting of the City Commission of the City of Aventura to be held at 6;00 p.m. in the Commission Chamber at Aventura Govemmeht Center win consider the aooption of the following Ordinances on second reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA FLORIDA AMENDING THE CITY CODE BY AMENDING CHAPTER 2 'ADMINISTRA~TION" - ARTICLE itl 'ADVISORY~BOARDS" TO REPEAL DIVISION 2 'BEAUTIFICATION ADVISORY BOARD" AND DIVISION 3"RECREATION AND CULTURAL ARTS ADVI- SORY BOARD": AND REPLACE THEM WITH NEW DIVISION 2 ENTITLED "COMMUNITY SERVICES ADVISORY BOARD" PROVIDING FOR CREATION: PROVIDING FOR COMPOSI- TION AND QUALIFICATIONS: TERM OF OFFICE: ADVISORY CAPACITY: RULES OF PROCEDURE JURISDICTION PRO- VIOING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF.AVENTURA FLORIDA. PROVIDING FOR THE CREATION OF THE CITY OF AVENTU- RA ECONOMIC DEVELOPMENT ADVIBORY BOARD; PRO- VIDING FOR CREATION; COMPOSITION AND QUALIFICA- TIONS: TERM OF OFFICE: ADVISORY CAPACITY: RULES OF PROCEDURE; JURiSDICTiON: PROVIDING FOR SEVERA- BILITY. INCLUSION N THE CODE AND PROVIDING AN EFFECTIVE DATE. The Dmoosed Ordinances may be inspectea Dy the oublic at the Office of the City Clerk, 19200 West Country Club. Drive, Aventura, Florida. In- terested parties may app6ar at the Public Hearing aha De heard with re- spec[ to the proposed Ordinances. Any person wishing to address the City Commission on any item at this Public Hearing may do so alter the Mayor opens the public hearing. -- .L In accordance with the Americans with Disabilities Act of 1990. al. per- sons who are disabled and who need special accommodations to oarbc~- pate in this proceeding because of thai'disability should contact the Office of the City Clerk. 305-466:8901. not later t~an two business days prior to such proceedings. If a person decides to appeal any decision made by the Ci[~ Commis- sion wilh r~spect to any matter considered at a meeung or hearing, mat person will need a record of theprcoeedings and. for such durDose, may need to ensure tnat a verbatim record of the procoeo~ngs is made. whict' record includes the testimony and evidence ucon which the appeal ~s to be based. Teresa M. Soroka. CMC City Clerk 6/11 01-4-02/170877N