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09-04-2001 CC Meeting Agenda 4~ (following 6 PM LPA H~ring) Clty Commi~on Jeffrey M. Pedow, Mayor Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers-Libert C, y City Manaf, er Eric M. $oroka City Clerk Teresa M. $oroka, CMC City Attorney Weiss Scrota Heffman Pastoriza & Guedes AGENDA SEPTEMBER 4, 2001.6 PM (following LPA) 19200 West Country Club Drive Aventura, Florida 33180 CALL TO ORDER'~ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: None 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-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 Commission, that item must be removed from the Consent Agenda and considered separately. APPROVAL OF MINUTES: August 7, 2001 Commission Meeting August 17, 2001 Workshop Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-08-10-2, NE 30TM AVENUE DRAINAGE IMPROVEMENTS, TO SOLO CONSTRUCTION CORPORATION AT THE BID PRICE OF $925,237.90. 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 Ce OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards Bid for NE 30th Avenue Drainage Improvements to Solo Construction) MOTION AUTHORIZING THE APPROPRIATION OF UP TO $27,280 FOR TRAFFIC VIDEO MONITORING STUDY, SATELLITE VIDEO SYSTEM AND EQUIPMENT AND FIREARMS STORAGE RACK FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED AUGUST 28, 2001 (Authorizes appropriation of funds from Police Forfeiture Fund) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ., AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreement for Legislative Relations and Lobbying Services to Ronald L. Book, Esq.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "AVENTURA BAY VILLAS" PLAT, BEING A PLAT OF A PORTION OF LAND IN THE SOUTH lA OF THE SOUTH ~A OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST AND PORTIONS OF LAND IN THE SOUTH ¥2 OF THE SOUTH ¥2 OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. (Approves plat for subject property) 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 City Manager to execute change order for various required building improvements for Government Center) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA, ACCEPTING DEED AND EASEMENT CONCERNING DEDICATION OF TWO ACRE PARCEL OF LAND TO THE CITY OF AVENTURA FOR USE FOR CITY SCHOOL OR OTHER CITY PURPOSES, SAID LAND BEING SITUATED NORTH OF NORTHEAST 183RD STREET AND EAST OF NORTHEAST 31ST AVENUE; PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to accept donation of 2 acres from the Peninsula plat and necessary easements for additional turning lane) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING CO., INC. FOR THE PROVISION OF FIREWORKS DISPLAYS AS SET FORTH IN RFP 01-8-29-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Agreement for Fireworks Display with Zambelli International) 7. ORDINANCES - FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON-CONFORMING SIGNS"; BY AMENDING SUBSECTION (2) "EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON- CONFORMING MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31-144(b), 31- 144(c), 31-144(d), 31-144(e), 31-144(f), 31-145(b), and 31-145(c); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING SECTION 2-395 "DISCLOSURE OF BUSINESS RELATIONSHIPS AND GIFTS," TO PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS AND GIFTS BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY BOARDS WITH OR FROM APPLICANTS, APPLICANT'S REPRESENTATIVES AND INTERESTED PERSONS APPEARING BEFORE THE CITY COMMISSION OR CITY ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V "DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS," TO PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN AFFIDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT REPRESENTATIVE AFFIDAVIT" AND A "BUSINESS RELATIONSHIP AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTATIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 4 9. RESOLUTIONS: None. 10. OTHER BUSINESS: None. 11. PUBLIC COMMENTS 12. REPORTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP 2nd BUDGET PUBLIC HEARING COMMISSION MEETING SEPTEMBER 13, 2001 9 A.M. SEPTEMBER 24, 2001 5:45 PM OCTOBER 2, 2001 6:00 PM This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. 5 MINUTES Aventura Government Center CITY COMMISSION MEETING 19200 w. country Club Drive AUGUST 7, 2001 6 PM Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:05 p.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, 2. PLEDGE OF ALLEGIANCE: Michael Snyder led the pledge of allegiance. A motion to address the Consent Agenda at this time was offered by Commissioner Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed. 6. CONSENT AGENDA: Vice Mayor Cohen requested removal of item 6-F and Commissioner Beskin requested removal of item 6-1. Mayor Perlow noted that item 6-H was removed from the agenda as the plat has been recorded. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and the following action was taken: Minutes were approved as follows: July 03, 2001 Commission Meeting July 19, 2001 Commission Meeting July 19, 2001 Workshop Meeting B. Resolution No. 2001-52 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. BA-001 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 188th ST ROADWAY, DRAINAGE AND BEAUTIFICATION IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND BERMELLO AJAMIL & PARTNERS, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2001-53 was approved as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-004 FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM A DRAINAGE STUDY FOR THE BISCAYNE LAKE GARDENS AND HOSPITAL DISTRICT AREAS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $80,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. Resolution No. 2001-54 was approved as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF 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. E. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $35,000 FOR DICTAPHONE EQUIPMENT, SOFTWARE PROGRAM FOR SUBJECT AND TAG CHECKS, AND CRIME PREVENTION ACTIVITIES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED JULY 27, 2001. G. Resolution No. 2001-55 was approved: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "PENINSULA" PLAT, BEING A REPLAT OF A PORTION OF TRACT C OF ATLAS TERMINAL APARTMENTS, PLAT BOOK 147, PAGE 67, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: F. Mr. Wolpin read the following resolution by title: 2 A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE RESTRUCTURING OF THE RESERVE FUND SECURING THE FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 1999A; DELEGATING THE AUTHORITY TO THE CITY MANAGER OR HIS DESIGNEE TO APPROVE ANY NECESSARY AMENDMENTS TO THE LOAN AGREEMENT; PROVIDING CERTAIN OTHER MATFERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert, and seconded by Commissioner Holzberg. Finance Support Services Director Harry M. Kilgore addressed concerns of the Commission. The motion for approval passed unanimously and Resolution No. 2001-56 was adopted. I. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S GROUP HEALTH INSURANCE PROGRAM TO UNITEDHEALTHCARE FOR POS PLAN 400T; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, and seconded by Commissioner Berger. Mr. Kilgore addressed concerns of the Commission. The motion for approval passed unanimously and Resolution No. 2001-57 was adopted. 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. Mayor Perlow left the meeting at this time. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DENYING A VARIANCE FROM SECTION 31- 144(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW FRONT YARD SETBACK OF 0.30' WHERE A 25' SETBACK IS REQUIRED BY CODE; DENYING A VARIANCE FROM SECTION 31- 3 221(I) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A TERMINAL PARKING ISLAND WIDTH OF 6' EXCLUDING CURBING WHERE A WIDTH OF 7' EXCLUDING CURBING IS REQUIRED BY CODE; APPROVING A VARIANCE FROM SECTION 31-144(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A STREET SIDE YARD SETBACK OF 13' WHERE A 20' SETBACK IS REQUIRED BY CODE; APPROVING VARIANCES FROM SECTION 31-221(I) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW BUFFER STRIPS LESS THAN 7' IN WIDTH ADJACENT TO THE SOUTH PROJECT LIMIT AND WEST PROPERTY LINE AND ADJACENT TO THE SOUTH AND WEST LIMITS OF THE BUILDING; FOR PROPERTY LOCATED AT 17866 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Vice Mayor Cohen opened the public hearing. The following individuals addressed the Commission: Michael Snyder, Esq., 20803 Biscayne Blvd., Miles Moss, P.E., 12900 SW 84th Street, and Jose Tinon, 3220 South Dixie Highway, all representing the applicant. Police Chief Thomas Ribel addressed concerns of the Commission. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. An amendment was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed to provide for approval of the front yard setback, submittal of a signed lease for use of the building, enhanced landscaping and that the architect address structural components for safety. The motion, as amended, passed unanimously and Resolution No. 2001-58 was adopted. Mayor Perlow returned to the meeting. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: None. 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" BY AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING SECTION 2-395 "DISCLOSURE OF BUSINESS RELATIONSHIPS," TO PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS 4 BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY BOARDS WITH APPLICANTS, APPLICANT'S REPRESENTATIVES AND INTERESTED PERSONS APPEARING BEFORE THE CITY COMMISSION OR CITY ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Cohen and seconded by Commissioner Beskin. Mayor Perlow opened the public hearing. There being no speakers the public hearing was closed. An amendment was offered by Commissioner Berger and seconded by Commissioner Beskin to amend l(v) to change the disclosure amounts to $10,000 or 3%. The amendment passed unanimously. An amendment was offered by Mayor Perlow and seconded by Commissioner Rogers-Libert to amend 1(vi) to eliminate pementage. The amendment passed 6-1, with Commissioner Berger voting no. An amendment was offered by Commissioner Beskin and seconded by Mayor Perlow to delete the 30-day period in #2(b) Restrictions and provide "at any time after an action is taken..." The amendment passed unanimously. The motion for approval, as amended, passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V "DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY AMENDING PARAGRAPH (B)"APPLICATION REQUIREMENTS," TO PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN AFFIDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT REPRESENTATIVE AFFIDAVIT" AND A "BUSINESS RELATIONSHIP AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTATIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed 6-0 (Commissioner Grossman out of the room) by roll call vote. PUBLIC HEARING: ORDINANCES - SECOND READING: None. RESOLUTIONS: None. 5 lO. OTHER BUSINESS: DISCUSSION REGARDING BAN ON CELLULAR PHONE USAGE WHILE DRIVING (Vice Mayor Cohen). Vice Mayor Cohen discussed passage of legislation by City of Pinecrest and requested Commission support his continued efforts through the Florida League of Cities to have this regulated by state law. Consensus that letter be addressed to Miami-Dade County Commission urging their passage of legislation banning cellular phone usage while driving. Il. PUBLIC COMMENTS: The following individuals addressed the Commission: Art Grossman, W. Country Club Drive and Ginger Grossman, W. Country Club Drive. 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 9:10 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. 6 ,L~~ Of MINUTES Aventura Government Center ~'V~U~a COMMISSION WORKSHOP MEETING 19200W. Country Club Drive AUGUST 17, 2001 I PM Aventura, Florida 33180 The meeting was called to order at 1:00 p.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. FLORIDA LEAGUE OF CITIES: Mayor Perlow requested Commission input as to legislation to be addressed at the League conference next week. CITY MANAGER SUMMARY: No action taken. DISCLOSURE ORDINANCES: Commission discussed proposed ordinances as amended on first reading. CITY MANAGER SUMMARY: Consensus to amend as follows: provide for clarification of business relationship timeframe (commencement and completion). Clarify definition of business relationship that one does not exist if the Commissioner is acting on behalf of his/her homeowner's/master association as a board member. Eliminate percentage in l(b)(v). Provide that disclosure should also include gift disclosures required to be filed by state and county law. WINDSTORM LAWSUIT: Mr. Wolpin provided update and requested Commission direction on participation/intervention. CITY MANAGER'S SUMMARY: Mr. Wolpin to continue to monitor and report back to Commission at September 4 meeting. = ALLIANCE AGAINST DOMESTIC VIOLENCE: Mayor Perlow noted request from City of South Miami and requested Commission's consensus on whether or not to join in this effort with other municipalities. CITY MANAGER SUMMARY: Consensus not to participate. City Manager provided a written report and verbal update as to status of Charter School project and time schedule for process. Commission approved report as presented, with amendment to makeup of advisory board. Commission to tour an existing Charter school. 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 4:15 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. CITY OF AVENTURA TO: FROM: DATE: SUBJECT: OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ~-~'.~ Eric M Soroka, City,Nt~age~; August22,2001 ~ ~ Bid No. 01-08-10-2, NE 30th Avenue Drainage Improvements September 4, 2001 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 01-08-10-2, NE 30th Avenue Drainage Improvements to the lowest responsible and responsive bidder, Solo Construction Corporation, for the price of $925,237.90. This project is included in the Capital Improvements Program. Back.qround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on August 10, 2001. The City received two (2) bids for this project. The bids submitted are as follows: Solo Construction Corporation $925,237.90 American Engineering & Development Corporation $928,380.35 This bid price provides for the construction of storm sewer and roadway improvements on NE 30th Avenue from NE 207th Street to NE 203ra Street and for connecting overflow from existing wells located on NE 29th Avenue and NE 205th Street. The project is a continuation of the North Aventura Stormwater Collector and will be utilized to connect the Biscayne Lakes drainage project. The 2000/01 budget includes $648,000 for this project. The original scope of the project was expanded after the budget was finalized to add the overflow from existing wells located on NE 29th Avenue and NE 205th Street. This was observed as a problem area during prior storm events. The $277,000 difference will be funded from the 20001/02 budget from either savings from other projects or by increasing the size of the bank loan currently scheduled to fund the Biscayne Lakes drainage project. The scheduled completion date is April 1, 2002. If you have any questions or need any additional information, please feel free to contact me. Attachments SECTION 00432 BID BOND STATE OF FLORIDA ) ) COUNTY OF DA.DE ) NOW AIJ. MEN BY THESE PRESENTS, that we, S~.OLO CONSTRUCTION CORPORATION , NATIONAL UNION FIRE INSURAN~CE COMPANY OF as Principal, and PITTSBURGH PA... . , as Surety, are held and firmly bound unto the City of Aventura, a municipal corporation of the State of Florida in . the sum of FIVE PERCENT OF TH~ AMOUNT BID Dollal-~ ($ 5% ......................... ), lawful money of the United States, for the payment of which sum well ~nd truly to be made, we bind ourselves, our heir% executors, administrators and successors jointly and severally, firmly by these presents. TI~ CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid, dated AUGUST 10th ,20_01 for: N.E 30th AVENUE ROADWAY IMPROVEMENTS. BID # 01208-10-2 WI-rERBAS, it was a condition' prededent re the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, if awarded the Contract, enter into a written Contract w/th the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, TITER.BFORE, the conditions of this obligation are such that if the Phncipal within ten 00432 - 1 (10) consecutive calendar days after written notice Of such acceptance, enters into a written Contract with the City of Aventura and furnishes the Performance and Payment Bonds, satisfactory ~o the City, each ha an amount equal to one hundred, pc. merit (100%) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein ktated shall be due and payable to the City of Aventura a~d the Surety herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, a~ liquidated damag~ for failure thereof of said Principal. WITNESS WI-IEREOF, the above bonded parties have executed this instrument under their several seals this 10th day of. AUGUST ,200t the name and the corporate sepal ~ each corporate party being hereto affixed and these presents being duly signe~ ~x~resentative.~ IN PRESENCE OF: so~ Pi ~STRUC~ON CORPORATION -- (Individual~ ~ f~p Principal) (Impress Seal) 3855 COMMERCE PARKW~ (Busiaeas Address) MIRAMA~ FL 33025 (City/Star. e~ip) ,(~54) 447-2800 (954) 447,6768 (Business Telephone) (Busiaess Facsimile) _\~¢/'~ ~I~ \ 3 r~.~ ~L~.x[). COMPANY OF PITrSBI/RGH, PA. By:~-- ' (cOrPorate Surety)* *Impress Corporate SeaI IM?ORTA/NT bonfl~ appear on the Treasury D~mraeat% mast current list (c/xcular 570 as amencl~:l) and bc authorized to transact busin~,s in thc Stem of l~lotida. END "'"~ u,~, SRCTION 00432 - 2 ~,mertcan nome Assurance company National Union Fire Insurance Company of Pittsburgk;, Pa. Principal Bond Office 175 Water Street, New York, NY 10038 KNOW ALL MEN BY THESE PRESENTS: I'OWER OF ATTORNEY No. 10-B-75096 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa,, a Pennsylvania corporation, does each hereby appoint ---D. W. Matson, I11, .JOhn W. Charlton: of Miami, Florida--- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of ind~:mnity and writings obligatory in the nature thereofi issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents Lawrence W Carlstrom. Scmor Vice President National Union Fire Insurance Company of Pittsburgh, Pa. Vice President, American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 1_~8th day of August, 199._~8, before me came the above-nmncd officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh~ Pa., to me personally known to be the individual mid officer described herein, and acknowledged that he executed thc foregoing instrument and affixed the seals of said corporations thereto by authority of his office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American IIome Assurance Compuny and National Union Fire Insurance Company of Pittsburgh. Pa. on May 18, 1976: "RESOLVED, that the Chairman of the Board. tim president, or any Vice President be, and hereby is. authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and olher contracts of indemnit)r and xsritings obligatoD' in the nature thereof, and to attach thereto the corporate seal ofthe Company, in 1¢ transac on of its surety business: "RESOLVED. that tile signatures and attestations o£such oflSccrs and thc seal of the Contpany may be a£fixcd to any such Power o£Attomey or to any certificate refuting thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or I'acsimil¢ seal shall be valid and binding upon the Company ~shen so all]xed ~sith respect to any bond. undertaking, recognizance or other contract of indemnity or ~xrifing obligatoD in thc nature thereof; "RESOLVED. that any such Anornc?in-Fact delivering a secretarial certification that tile foregoing resolutions still bc in cftC:ct may insert in such certification tile date thcrcol: said date to be not later than the date of delivery thereof by such Anorney-in-Fact." I. Elizabeth M, Tuck. ,~crctary or American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh. Pa., do hereby ccrtil~ that thc foregoing excerpts of Resolution adopted by thc Board of Directors of this corporation, and thc I'ox~cr of Antlrncy issued pursuant thereto, arc truc and correct, and that both thc l:[¢solution and thc Power of AUorncy are in full force and cfli:ct. IN WITNESS WIIEREOF. I hm, c hereunto set my hand and affixed thc i:acsimilc seal of thc corporation this day of ,'19___. Elizabeth M. Tuck, Secretary R~,~ DS O] 11:83a Keith&Sohnars Corporate SECTION 00410 tB54)351-7843 BID FORM TI-ES BD IS SUBMITTED TO: City of Aventura 19200 West Country Club Drive Aventura, Flo~Sda 33180 BID FOR: NE 30m Avenue Roadway and Drainage Improvements BID No: 01-08-10-2 1 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 Documents to perform and fumish 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. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limi ration those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other docttments 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) (receipt of alt which.~ hereby Addendum No... Addendum No. Addendum No. Addendum No. BDDER has examined copies of all the Bidding Documents and of the following Addenda acknowledged.) . Dated: Dated: Dated: Dated: (b) BIDDER has familiarized themselves 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 furnishing of the Work, (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obta/ning and 00410-i Rug 09 O1 11:23a Keith&Sohnar$ Corporate (954) 351-7643 carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to orto supplement those ~eferred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or fumishing 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 exam/nations, investigations, explorations, tests, reports or sirrfilar information or data am 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 as stones responsibility for the accurate location of s aid Underground Facihties. 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. (f) B1DDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts, elTOrS, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bidis genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity wi th any agreement or rules of any group, association, organization, or corporation; BIDDER hasnot directly orindirectly 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 b~°c611usion to Sbtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees th at 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 BidEvaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted m 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 Keith&Schnars Corporate 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: "-~..', C lc c[ S~v%.tu dollars and W~{T~° cents LUMP SUM ( ' tal Bid Price - From Schedule Of Values) BIDDER agrees that the work will be complete in full within 180 calendar days from the date stipulated in the Notice to Proceed. Communications conce~ t¢.S Bid shall be addressed to: Telephone q LI * &ll-i 7- Facsimile Number 'q~- ~'[ fl~ - ~ ~ Attention: ~b~ 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 00410 ~ 3 Keith&S~hn~rs Corporate (954)351-76~3 p.12 '"'-x~.NB]i')DER is: By: NNN~ doing business as: Business address: Phone No: 'x AN INDIVIDUAL (Individual's Name) x. x, 'k N. 'N 'x 'x Facsimile No: (SEAL) 00410 - 9 Keith&Schna~Corporate (954)351-?~43 I)D[~.Zk,[~.J~ [~o J~'SIGNATURE PAGE FOR A PARTNERSHIP p.13 By: ~ Name) Business address: Phone No: Facsimi~o:. x. (SEAL) 00410 Keith&Schnars Corporate SCHEDULE OF VALUES FOR LUMP SUM CONTRACT (S541351-7643 GENERALREQUIREMENTS Quantity Decripnon Unit Unit Price Field Engmeenng LS $ Trench Safety Program LB $ ~ &co.4 Material Testing LB $ Temporary Facilities LS $ Traffic Control LB $ Facility Testing LS $ DEMOLITION Extended Cost $ IC>,~x~.~ $ 5,~-- Quantity Decription Right Of Way Preparatmn *Remove and Dispose Unsuitable Fill Remove mid Dispose Asphalt Pavement Remove and Dispose Catch Basin Remove and Dispose Stmrn Sewer Pipe Remove and Dispose Type 'F' Curb Remove and Dispose Sidewalk *Utility Relocation *Traffic Signal Relocation 00410-4 Unit Unit Price Extended Cost SF $ ~,' $ SY $ b,- $ LF $ ~,' $ LF $ ~- $ -I, ~ LS $ ie'.,~-- $ i~, Rug OS 01 11:24a Keith&Sohners Corporate (954]351-7643 p.8 EARTHWORK Quantity Decription Unclassified Excavation Select Embankment-Imported Fill Sodding Unit Unit Price Extended Cost cY $ iQ,- $ cY $ It>.' $ ~,- DRAYAGE Quantity 3 Decription 60" RCP 18" RCP 24" RCP Catch Basin 4' Diameter Storm Sewer Manhole 7' x 7' Storm Sewer Manhole 8' x 8' Manhole Structure 8' x 8' Conflict Structure Manhole 5'x 4' Control Structure w/Weir Plate 4'Diameter Storm Sewer Manhole w/PRB Core Dhll Existing Drainage Structure Ac[just Existing Manhole Drainage Well 00410 5 Unit LF LF EA EA EA EA EA EA EA EA EA EA Unit Price Extended Cost $ ~2.~.- $ $ ~b,~ $ $ ~,e~.~ $ ALI~ OEt O1 ll:~a Abk Po --L 0~- o~-o~ Keith&$chnars (S54)351-TS43 PAVING Quantity Decription Stabilized Subgrade 8" Limerock Base Prime and Tack Coat l 1/4" Type S-I Asphalt Pavement 3/4" Type s-rtl' Asph',dt Pavement Type 'F' Curb and Gutter Valley Gutter 4" Concrete Sidewalk As?halt Restoration Unit SY SY GAL SY SY LF LF SF SY Unit Price $ 1,~ Extended Cost $ ~3~,h~o,' 00410 - 6 Rug 09 01 11:25a Keith&Schnars Corporate [954)351-?G43 p. 10 0%.-o i-o I PAVEMENT MARKING AND SIGNAGE Quantity Description Unit Unit Price Extended Cost 24" White ThmTno Plastic Stripe LF $ 18" White Thermo Plastic Stripe LF $ 18" Yellow Then'no Plastic Stripe LF $ 4" White Thermo Plastic Stripe LF $ 4" Yellow Thermo Plastic Stripe LF $ 4" Painted White Stripe LF $ White Thermo Plastic Straight / Left EA $ White Thermo Plastic / Right EA $ White Thermo Plastic / Left EA $ A / A RPM EA $ C/R RPM EA $ Blue Fire Hy~ant RPM EA $ R7-1R Sign and Post EA $ R2-1 Sign and Post EA $ RT-IL Si~ and Post EA $ W1-8 Sign and Post EA $ Remove / Rel~ate E~st. Si~ m~d Post EA $ 00410 tq~ag 09 O1 11:25a 09-09-0t Keith~Schnar$ Corporate BID SUMMARY GENERAL R.EQULREMENTS TOTAL VALUE TOTALVALUE TOTAL VALUE TOTAL VALUE TOTAL VALUE DEMOLITION EARTH WORK DRAINAGE PAVING PAVEMENT MARKZNG AND SIGNAGE TOTAL VALUE OFTHIS Bm TOTAL VALUE © $ (954)351-7S43 p.11 00410 8 Keith&$chnar$ p.12 BIDDER is: 'x By: AN INDIVIDUAL doing business as: Business address: Phone No: (Individual's Name) Facsimile No: (SEAL) 00410 - 9 Mug OS O1 Keith~Sohnar~_~Copporate (S54)351-?S43 ~0. ~-'SIGNATURE PAGE FOR A PARTNERSHIP %~Firm's Name) Business address: Phone No: Facsimi~o: -% (SEAL) p.13 00410- 10 K~th&Schnars Corporat~ (~5~)35i-?G~3 ~ " SIGNATURE PAGE FOR A CORPORATION p.14 By: ~ (State of Incorpora io ) (Name of~on Authorize~X[o Sign) (Titl~--~ FI SiDCMT-- Attest~ ~ .~ ~ (President) Business address: Phone No: qSC~-~C~z'z~O0 Facsimile No: 00410- 11 ~S O1 ll:~7a Keith&Schnam~ Corpoma{e ('954)351-~643~ SIGNATURE PAGE FOR A JOINT VENTURE (Name) By: (Address) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) 00410 - 12 ~'orporate [~54)351-7~43 CERTIFICATE OF AUTHORITY (IF CORPORATION) p.1B STATE OF I LO~IL)~ ) ) SS: cOUNTY OF ,HEREBY a corporation existing- under the laws of the State of F/''0]~-'/~t ,held on 70 , 20 O~2 , the following resolution was duly passed and adopted: "RESOLX/IkD that as President of the Corporation, be and is hereby authorized to execute the Bid dated, ~?'t~5~>T ( C); , 20 O to the City of Aventura and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is]now in full force and effect. iN W ;rN RFO " ereunto set my hand and affixed the official seal of the corporation this tOI ~t j, da)}o[{ ~7/.O(q.'p~,/- ,20 O1 . (SEAL) 00410- 13 ~r~ Ol 11:27a Keith&Schnar~ O%-ofl-o, CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) [S54)351-7643 p.i7 I1 SS: a corporation existing ,20 meeting of the Partners of the the laws of the State of , held on . the following resolution was duly passed and adopted: "RESOLVED, that, and is hereb3 and this partnership and that shall be I further certify that said ~x;solution is now in of the Pmtnet~hip, 20. , to the City of Aventura attested by the and deed of this Partnership." IN WITNESS WHEREOF, I have hereunto set my hand this 19 Secretary: (SEAL) ¸ of , 00410 - 14 Keith&Schnars Corporate CERTIFICATE OF AUTHORITY IF JOINT VENTURE (85413[1-?S43 p. i8 STATE OF ) ) SS: COUNTY OF I HEREBY CERTIFY that a meetin e Principals of the a corporation existing , held on ,20 resolution was duly passed and adopted: "RESOLVED as of the Joint Venture be and is hereby dated, 20 to the City of Aventura official act and deed of this Joint e." I further certify that said resolution IN WITNESS WHEREOF, I have hereunto set my hand this ,20 Secretary: (SEAL) of END OF SECTION 00410 - 15 SECTION 00420 AWARD PREFERENCE FOR IDENTICAL TIE BIDS Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drag- free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and willlaotify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation 00420-1 of this section. As the person authorize¢Wz~¢~'e'~tatement, the above requirement~ )~l ~ ~/~. I certify that this firm complies fully with .VENDOR'S SIGNATURE: ~ (_ l~2v~'~ END OF SECTION 00420-2 SECTION 00430 BID FORM SUPPLEMENTS SECTION 00432 BID BOND STATE OF FLORIDA ) ) COUNTY OF DADE ) NOW Al.'[. MEN BY THESE PRESENTS, that we, as Principal, and , as Surety, are held and firmly bound unto the City of Aventura, a municipal corporation of the State of Florida in the sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF TI-IlS OBLIGATION I$ SUCH that whereas the Principal has submitted the accompanying Bid, dated ,20.__ for: WHEREAS, it was a condition Crecedent to the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (5%) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Pt/nc/pal within ten 00432- 1 / SECTION 00434 LIST OF PROPOSED SUBCONTRACTORS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. CLASS IFI CATI ON,4,-d..X, OF WORK EXCAVATION UTILITIES PAVING LANDSCAPE MATERIAL TESTING NAME AND ADDRESS OF SUBCONTRACTOR This is not an order END OF SECTION 00434-1 SECTION 00450 BIDDER QUALIFICATION STATEMENT The BIDDER's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and Contractor selection. Number of similar Projects completed with a contract price in excess of $1,500,000.00: a) In the past 5 years On Schedule ~ Original contract price oven'un average % b) In the past 10 years On Schedule Original contract price overran average % Li~t~ee (3) completed Projects with a contract price in excess of $500,000.00. Owner Address qT~ ~.¢.30~T Ofigin~ Comract Completion Time Original Con~act Com~efion Dam ActuE Final Contract Completion Date Original Contract Price ~ ~t ~OO~ tFinal Con~act Price ~ ~l~OO:~O,O° Name ~. {0~ ~VE~OE Owner Name . C~t~fl DEg~F Owner Ad.ess _~ 1~TM AVE ~ ~[~ Original Contrac~ Completion Time ~ays) Original Contract Completion Dme Actual Final Contract Completion Date Ofi~nal Con~act Price [~T00,000. Actual Final Contract Price ~ ~O~ OwnerNme DEW. OFT~ Owner Ad,ess ~qO~D Ofi~nal Con~act Completion Time ~ays) Ofi~nal Con~act Completion Date Actual Final Contract Completion Date Original Contract Price Actual Final Con~act Price ~ ~O~ Current workload - Projects in excess of $300,000.00 ~ Project N~an),e ,a ~r. Naroe Co~ntract Price The_ (om, oo I.fi6 cl./ I ul [a(jgl oa o, (b 700, 3. The following information shall be provided for this project. a) Estimated total construction man-hours b) Percent man-hours to be performed by Contractor's permanent staff c) Permanent man-hours to be performed by direct hired employees for this project d) Percent man-hours to be performed by Subcontractors 4. The following information shall be attached to the bid. ,~~) Contractor',s home office organization chart. Contractor s proposed project organizational chart. Resumes of proposed key project personnel, including on-site superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the B~DER or any predecessor organizations, b) Any arbitration's or civil or criminal proceedings or K,[OdC c) Suspension of contracts or debarring from bidding by any public agency brought against the BIDDER in the last five (5) years. [I 6. Governmental References: List other Governmental Agencies or Quasi-governmental agencies for which you have done business within the~st five y_ears. Name Of Agency: IVlIP~IMI Db, D-~ Address: Ill ~x~[,0 l~-r Telephone No. Contact Person: ~TI~I/£ Type Of Project: ~1~[ ~h~ Name Of Agency: ~. OF~lq ~3 OF ~1~ Ad&ess: ~ ~ ~ Telephone No. Contact Person: ~lE Type Of Project: ~EE Nme Of Agency: Telephone No. ~- ~ ¢~*~3 Contact Person: ~l~L ~ T~e Of Project: ~ ~~OM END OF SECTION 00450-3 Stateof FLoI~-ID~ SECTION 00454 NON-COLLUSION AFFIDAVIT County of ~/~lle~' D~D[ O) ) ) ss ) being first duly sworn, deposes and says that: He/She/They is/are the ' ['i 'LSIDb0q- (Ow~ner, Partn,er~,Offkcer, Representative or Agent) of c.,~L{]) C_©/.-fb/-//OC/'~0/kJ (' 0[..~0~2/I {0 },..) the BIDDER that has submitted the attached Bid; (2) He/She/They is/are fully informed respecting the preparation and contents of the attached Bid and Of ali pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fix any overhead, profit, or cost elements of the Bid or of any other BIDDER, or to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any other BIDDER, or to secure through any collusion, conspiracy, connivance, or unlayvful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, emploYees or parties in interest, including this affiant. 00454- 1 ¢i .g~, ~ered (Printed Name) ACKNOWLEDGMENT By: ~ (Title) State of Florida County of: ~ On(t~fl~ ~ day of ~k./,qk~ ,20 co1 , before me, the undersigned Notary Pubr~c o/t~T .h~Ia~e]~, ~o~,da,~ p~son~ly appe~ed / ~ame(s) of individual(s) who appe~ed before notaw) whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand (/'~ and official seal. NOTARY PUBLIC: ,,~v ~o~ omo~..o*~a~_~. I o~. ."e~ G~:nmx,~m~ oF OFFICE: o. (Name of Not~ mubhc: Pnnt, Stump, or T~e Iy ~own to me, or (T~e of Identification Produced) D~ take an oath, or D D~ NOT take an oath, OPTIONAL INFORMATION: Type Of Document: Number of Pages: Number of Signatures Notarized: 00454-2 END OF SECTION 00454- 3 SECTION 00456 PUBLIC ENTITY CRIMES Pm'suant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Subcontractor, or Consultant under aContract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list". CONFLICTS OF INTEREST The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDER's must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Aventura or it's agencies. 00456-1 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. CThis sworn statement is submitted to ~/T14 OF ]~qt-MF0g~4 by 12, lqD_ . for ~cSOL~ C..OI'ds~g.~TIOM C~C)EPOIOgDO~ whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is ~q - [ ~Zc]~¢ G (IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 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 definedin Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of aj ury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a 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 "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownersh/p by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 00456-2 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 entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, panners, shareholde,~ployees, members, and agents who are active in management of any entity. J Based onfiaqformation and belief, the statement which I have marked below is tree in relation to the entit,y )~dbmitting this sworn statement. (Indicate which statement applies.) , ¥ Neither the entity submitting this sworn statement, nor any of it s officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. SUBTOTAL The entity submitting this sworn statement, or one or mom of its officers, directors, executives, 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 of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this swom 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 TH]E PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WldlCH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUI1LED 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 AIqY. ~, CI-LazN GE IN TIIE INFORMATION CONTb3NED IN THIS FORM. 00456-3 By: (Printed Name) (Title) Sworn to and subscribed before me this Notary Public - State of: ~d, o~r'~nped~a~sioned name of notary public) ~ersondll, known to me: day of ~Oc~Os~ ,2o ©l Or ~..Produced Identification (Type of Identification Produced) END OF SECTION 00456-4 AFFIDAVIT NO. 3 BIDDER'S AFFIDAVIT IN COMPLIANCE WITH FLORIDA TRENCH SAFETY ACT (SECTION 553.60-553.64, FLORIDA STATUES) By submission of his bid and subsequent execution of this Contract, the undersigned Bidder certifies that as successful Bidder (Contractor) all trench excavation done within his control (by his own forces or by his Subcontractors) shall be accomplished in strict adherence with OSHA Trench Safety Standards contained in 29 C.F.R., s. 1926, 650, Subpart P, including all subsequent revisions or updates to these standards as adopted by the Department of Labor and Employment Security. Thc undersigned Bidder certifies that as successful Bidder (Contractor) he has obtained or will obtain identical certification from his proposed Subcontractors that will perform trench excavation prior to award of the subcontracts and that he will retain such certifications in his files for a period of not less than tkree years following £mal acceptance. The Bidder acknowledges that included in the various items listed in the Schedule of Prices Bid and in the Total Amount Bid are costs for complying with the Florida Trench Safety Act (Sections 553.60-553.64, Florida Statutes). The bidder further identifies the costs to be summarized below': Trench Safety Units of Unit Unit Measure Measure Quantity Cost (Description) (LF,SY) ^. LF lo,coo, oo Extended Cost /.0,,000,oo $ 10 ooo. Oo AFFIDAVIT NO. 4 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT PURSUANT TO ORDINANCE 93-129 Bidder or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami- Dade County. A:\04BF.DOC SOLO CONSTRUCTION CORP. MAIN OFFICE ORGAINIZATIONAL CHART PRESIDENT CHIEF FINANCIAL OFFICER BOOKEEPER ACCOUNTING CLERK VICE PRESIDENT CONSTRUCTION MGR PROJECT MGR DATA ENTRY CLERK SUPERINTENDENT HUMAN RESOURCE OFFICER SECRETARY RECEPTIONIST DATA ENTRY CLERK SOLO CONSTRUCTION CORP. PROJECT ORGANIZATIONAL CHART RICKY PIERSON CONSTRUCTION / PROJECT MGR DEREK TAYLOR SUPERINTENDENT PROJECT FOREMAN LINE FOREMAN PIPE FOREMAN OPERATOR LABOR AN OPEN LETTER TO ALL EMPLOYEES OF SOLO CONSTRUCTION CORP. Drug and alcohol abuse affects everyone, regardless of age, profession, ethnic, and educational background. The use of illegal drags, abuse of alcohol and prescription medications has entered the workplace at an alarming rate. Some consequences include: · Increased absenteeism, tardiness, and work-related injuries; · Decreased productivity and poor job performance; · Theft · Relationship problems between co-workers and our clients. The time has come for all of us to recognize that substance abuse is a problem in this state and country. You may not personally abuse drugs, but tolerance of such abuse enables it to flourish. We believe use of illegal drugs and abuse of prescription drugs and alcohol endangers the health and safety of the abusers, their family, friends and co- workers. Solo Construction Corp. has adopted a Standard of Conduct that formally states that substance abuse will not be tolerated. The prohibition includes, but is not limited to, the possession, manufacture, use, transport, sale, or attempt to sell illegal drugs and the irresponsible use of alcohol. We are committed to creating a DRUG FREE WORKPLACE, without jeopardizing our valued employees' job security. CURRENT EMPLOYEES Ax°ter an initial sixty-day period, which begins, February 14 ,2001 all current employees will be subject-to drug and/or alcohol testing, as outlined in the company policy. Employees who refuse testing will be terminated. Additional information about the program will be made available in the near future. NEW HIRES Effective immediately, all new hires will be subject to mandatory pre-employment dmg testing. Our company has the right to ensure a safe working environment and to employ a staff that is free from the effects of substance abuse. NOTICE TO ALL EMPLOYEES Solo Construction Corporation has recently updated the Drug Free Workplace Policy and paperwork. All employees will receive an updated policy and will be required to sign an Employment Acknowledgment Agreement. Please contact Human Resources ff you have any questions. Thank you, Management Drug Free Workplace Programs DRUG FREE WORKPLACE HANDBOOK FOR EMPLOYEES OF SOLO CONSTRUCTION CORPORATION 4588 N. University Drive, Lauderhill, Florida 33351 Phone: (954) 572-4415 · Fax (954) 572-1901 (800) 881-4TCN DRUG-FREE WORKPLACE COMPANY POLICY Recognizing that substance abuse (including alcohol) is a detrimental problem facing society, this company will do the best we can to actively fight this problem. One of the ways we are addressing this problem is by implementing and maintaining a substance abuse policy to ensure the company will be a drag-free workplace. We understand employees and applicants under a physician's care may be required to use prescription drags; however, il/egal use of pmscn~oed medications is also substance abuse and will be dealt with in the same manner as the abuse of illegal substances. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive, drag-free environment. We encourage those who abuse drags and/or alcohol to voluntarily seek help. This policy contains an employee assistance resource ~e which allows employees and their families to find help in dealing with alcohol or drag abuse. However, it is the employee's responsibility to seek help before drug and alcohol problems lead to disciplinary action. Legal Druid: includes prescn'bed drags and over-the-counter medications which have been legally obtained and are being used solely for the purpose for which they were prescn'bed or manufactured. Illeeal Drue: Any drag: (a) which is not legally obtainable; (b) which may be legally obtainable but has not been legally obtained; or (c) which is being used in a manner or for a purpose other than as prescn'bed. This company's Standard of Conduct requires that employees of this company shall not use illegal drags or abuse alcohol or prescription medications. Any employee determined to be in violation of this policy is subject to disciplinary action, even for the first offense. In order to maintain this standard, this company shah establish and maintain the program and roles set forth below, under Florida statutes 440.101 and 440.102. Post-Offer Job Applicant Screening This company will conduct post-offer drag tests designed to prevent the hiring of individuals who use illegal drags or abuse prescription medications. If a job applicant refuses to submit to the required drag test, tampers with or adulterates a drag test specimen or has a confirmed positive drug test result~ he/she forfeits his/her eligibility for employment. Current Employee Screening This company will conduct drag and/or alcohol screens, as outlined in this policy, to identify employees who use illegal drags or abuse alcohol, etc., either on or off the job. It shall be a condition of continued employment that all employees submit'to a drag and/or alcohol screen in accordance with the provisions listed below. This company may suspend employees without pay, under this policy, pending the results of a drag and/or alcohol test or investigation. Reasonable Suspicion Testing "Reasonable suspicion testing" means drug and/or alcohol testing based on an employer's belief that an employee is using or has used drags in violation of the employer's policy, drawn from specific visual or verbal facts that would lead a reasonable person, without any medical training but normal life experiences, to conclude the poss~iliry of drag and/or alcohol use. Whenever possl'ble, the supervisor who is suspicious of an employee's behavior should have the suspicions behavior confirmed by another supendsor or manager before requiring the employee to be tested. Employees who refuse to be tested will be terminated. If there is reasonable suspicion that an employee is under the influence of drags and/or alcohol, the employee will be required to undergo drag and/or alcohol testing at a laboratory chosen by the company. Occurrences that may be indicators of substance abuse and are considered grounds for reasonable suspicion are: a. Observable phenomena while at work, such as direct observation of drug use or of the physical symptoms or manifestations of being under the influence of a drag. b. Abnormal conduct or erratic behavior while at .work or a significant deterioration in work performance. c. A report of drag use, provided by a reliable and cred~le source. d. Evidence that an individual has tampored with a drag test during his employment with the current employer. e. Information that an employee has caused, contffbuted to, or been involved in an accident while at work. f. Evidence that an employee has used, possessed, sold~ solicited, or transferred drags while working or while on the employer's premises or while operating the employe~s vehicle, machinery, or equipment. to Confidentiality 1. All information, interviews, reports, statement memoranda and drag test results, written or otherwise, received by the employer through a drag testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceedings, except in accordance with tiffs Rule, in determining compensability under Chapter 440.101 & 440.102 FL. Statutes. 2. Employers, testing laboratories, employee assistance programs, drag and alcohol rehabilitation programs and their agents-who receive or have access to information concerning drag test results shall keep all information confidential. Release of such information under any other circumstances shall be solely pursuant to a written consent form signed voluntarily by the person tested, unless such release is compelled by a hearing officer or a court of competent jurisdiction, in pursuant to' an appeal taken under this section, or unless deemed appropriate by a professional licensing board in related disciplinary proceedings. The consent form must contain, at the minimum, the following: a. The name of the person authorized to obtain the information, d. The duration of the consent. b. Thesignatureofthepersonauthorizingrelease. e. The precise information to be c. The purpose of the disclosure, disclosed 3. Information on drag test results shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this section shall be inadmissible as evidence in any such criminal proceeding. 4. Nothing herein shall be construed to prohibit the employer, agent of the employer, or laboratory conducting a drag test from having access to employee drug test information when consulting with legal counsel in connection with aqtions brought under or related to this section or when the information is relevant to the company or its agents defense in a civil or administrative matter. Prescription and Non-Prescription Medications This company will provide a standard form for the employee to confidentially report the use of prescription or non- prescription medications to the Medical Review Officer both prior to and after the drug or alcohol test. No proscription drug shall be brought upon the premises by any person other than the person for whom the drag is prescribed by a licensed medical practitioner, and shall be used only in the manner so prescribed. Employees must keep all such prescription medicines in the original container which identifies the date of the prescription and the prescribing physician. Employees should report the use of any proscribed medication which may alter the employee's physical or mental ability, prior to conunencing work. Tiffs company retains the right to change the employee's job assignment during the term of treatment. Drugs To Be Tested For: Common and Chemical Name Over-the-counter and prescription drugs which could alter or affect the outcome of a drug test: ALCOHOL: (booze, drink, beer, liquor, wine, moonshine) All liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example. Vick's Nyquil is 10% ('20 proof) thyl alcohol, Comtrex is 20% (40 proof) and Listerine is 26.9% (54 proof). AMPHETAlvlTNES: (bennies, black beauties, crystal, speed, uppers, crank) Obetrol, Bipbetamine, Desox2/n, Dexedrine, Direx. CANNABINOIDS: (marijuana, hashish, maryjane, grass, reefer, pot, dope, etc.) Marinol (Dronabinol, TEC). .COCAINE: (coke, crack, blow, nose candy, toot, snow) Cocaine HCI topical solution (Roxanne) PHENCYCLIDINE: (PCP, angel dust) Not legal by prescription. METHAQUALONE: (ludes, qualude, optimil, parost) Not legal by prescription. OPIATES: (heroin, horse, smack, powder) Paregoric, Prepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with Codeine, Robitusin AC, Guituss AC, Novahistine DM, Novatfistine Expectorant, Dilaudid (Hydromorpiffne), M-S Contin and Roxanol (morphine and sulfate), Pereodan, Vicodin, etc. BARBITURATES: (barbs, rainbows, downers, golfballs, reds, blues) Penobarbital, Tulnal, Amyml, Nembutal, Seconal, Lotusate, Fiorinal, Fioricet, Esgic, Butisol, Mebaral, Butabarbital, Butabital. Phrenilin, Triad, etc. BENZODIAZEPINES: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion. Paxipam, Restoril, Centrax. IvIETHADONE: Dolptfine, Methadose PROPOXYPHENE: Darvocet, Darvon N, Dolene, etc. This company w/Il test for the minimum of drags which is described as a five (5) panel test (amphetamines, opiates, cocaine, pcp, cannabinoids), but is allowed to test up to all 10 drugs and alcohol, as listed above. Lt an employee is arrested lor or convicted of a drug-related crime, fl~is compan.~ will investigate all of the circumstances, and company officials ma), utilize the drag-testing procedure if cause is established by the investigation. An arrest for a drug-related crime constiPates reasonable suspicion of drug use undo( this policy. As a condition of employment, an employee must notify the company's manager of Human Resources of any criminal drug statute arrest or conviction within five (5) days of such arrest or conviction. Accident and Injury Procedures Any employee involved in a work related accident, which requires medical treatment, above and beyond first-aid, must first receive treatment. The employee must then submit to a post-accident drug screen A post-accidepa alc3hoi test may apply. The employee must report for testing to the designated collection site within 24 hours of the accident, if the drug and]or alcohol collection is not performed following treatment. Failure to do so will be considered a refusal to test, resulting in immediate termination. Routine Fitness-for-duty This company must require an cmplo)ee to submit to a drug test IF the test is conducted as part of a routinely scheduled employee fitness-for-duty medical examination that is part of this compan3's established policy OR that is scheduled routinely for all members of an employment classification or group. Employees subject to any routine fitness-for-duty testing will be notified in writing and be required to sign a routine fitness-fur-duty consent form. Return to work and Follow-up drug testing ff an employee in the course of employment voluntarily enters an employee assistance program for drug- related problems, or an alcohal/drug rehabilitation program, this company must require the employee to submit to a drug and]or alcohol test as a follow-up to such program. Follow-up testing must be conducted at least once a year for a two (2) year period after completion &the program. Advanced notice of a follow- up testing date must not be given to the employee to be tested. Random Testing This company may conduct random drug testing, as stated in Florida Statutes 440.102. A third-party company designated by this company will generate a computerized random list of employees who would be required to submit to a random drug screen. When an employee is chosen for a random drug screen, their name automatically returns to the pool for future random tests. Basis for Discipline or Termination Illegal Drug Use and Alcohol Abuse Any employee using, selling, purchasing, possessing, soliciting or distributing ilIegal drugs and/or unauthorized alcoholic beverages on company property or company business will be in violation of this policy, resulting in immediate termination of employment. Any employee who has a confirmed positive drug and/or alcohol test, as determined under Florida Administration Codes 59A-24 listed below, xvill be subject to the company disciplinary action, as outlined in the company Employment Acknowledgment Agreement Form. Drug Alcohol (blood) Amphetamines Cannabinoids Opiates Phencylidin¢ Table of Positive Drug Levels In Urine Drug to Be Tested For: Initial Confirraatlon Dr~g Initial Co n I-u'raation .04 g/dL .04 g/dL Barbiturates 300 ng/ml 150 ng/m] 1,000 ng/ml 500 rig/mi Benzodiaz~pines 300 ng/ml 150 rig/m] 50 ng/ml lS rig/mi Methaqualon¢ 300 rig/mi 150 ng/ml 300 ng/ml IS0 ng/ml Methadone 300 ng/ml 150 rig/mi 2000 ng/ml 2000 rig/mi Propoxyphene 300 ng/ml 150 rig/mi 25 ng/ml 25 n,g/ml o Any employee who has a confirmed positive drug and/or alcohol test may forfeit eligibility for medical and indemnity benefits under Florida's Worker's Compensation Law (Florida Statutes 440.101 and 440.102) and may also forfeit unemployment benefits, under Florida law. Refusal to Test Any employee who refuses to submit to a required drug and]or alcohol test will be subject to immediate termination of employment. A tampered with or an adulterated drug and/or alcohol specimen, will be considered a refusal to test, resulting in termination of employment. Aay employee who refuses to test. tampers with or adulterates a drug and/or alcohol specimen, will automatically forfeit eligibility, for medical and indemnity benefits under Florida's Worker's Compensation Law (Florida Statutes 440.101 and 440.102) and will also forfeit unemployment benefits under Florida law. Challenge to Test Results 1. A requirement of a drag-free workplace program is that within five workang days after receix4ng notice of positive, confirmed test result, the employee must be allowed to submit information to the Medical Review Officer explaining or contesting the test results, ff the employee's explanation or challenge of the positive test result is unsatisfactory to the employer, the employee must be notified witkin fifteen days that the explanation is unsatisfactory and be given a copy of the positive test results. All documentation shall be kept confidential by the employer and shall be retained by the employer for at least one year. 2. An employee or job a~pplicant may undertake an administrative challenge by filing a claim for benefits with a Judge or Compensation Claims pursuant to Chapter 440 F.S., or if no workplace injury has occurred, the person must challenge the test result in a court of competent jurisdiction. Employee's Responsibility When an employee undertakes a challenge, it shall be the employee's responsibili~ to notify the Medical Review Officer and the sample shall be retained by the laboratory until the case is settled. Laboratory Assistance The Medical Review Officer, designated by this company, shall provide clinical/technical assistance to the employee for the purpose of interpreting positive, confirmed test results which could have been caused by prescription or non- prescription medication taken by the employee. Additionally, employees and.job applicants have the right to consult the laboratory for tectmlcal information regarding prescription or non-prescription medication. Employee Protection 1. Upon implementation of a drag-free workplace program~ the employer shall detail in writing, within seven (7) days after testing an employee who had exhibited suspicious behavior, the circumstances leading to a determination of reasonable suspicion of drug and/or alcohol abuse to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept and retained confidentially by the employer for at least one (I) year. 2. During the 180-day period after written notification of a positive test result, the employee or job applicant who has provided the specimen shall be permit'ted by the employer to have a portion of the specimen re-tested at the employee's expense. Such re-testing shall be done at another AHCA licensed or NIDA approved laboratory chosen by the employee or job applicant. The second laboratory must test for equal or greater sensitivity for the drag in question. The first laboratory is responsible for the transfer of the portion of the sample to be re-tested, and for the integrity of the chain-nf-custody during the transfer. 3. The testing laboratory may not disclose any information concerning the health or mental condition of the tested employee. 4. This company may not request or receive from any testing facility any information concerning the personal health, habits, or condition of the employee or job applicant, including the presence or absence of antibodies in that persons body fluids. 5. This company 'may not discharge, discipline, refuse to hire, discriminate against, or request or require rehabilitation of an empIoyee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test. All.initial positive results are automatically subject to a GC/MS confirmation test before any results are reported to the Medical Review Officer. 6. This company may not discharge, discipline or discriminate against an employee solely on the employee's voluntary seeking of treatment while employed by the company for a drug-related incident, if the employee has not previously tested positive for the drug, entered an employee assistance program for drug-related problems, or entered an alcohol and drug rehabilitation program. Investigation To ensure that illegal drugs and alcohol do not enter or affect the workplace, this company reserves the right to search all vehicles, containers, lockers, or other items on this company's property in furtherance of this policy. Individuals may be requested to display personal property for visual inspection upon this company's request. Searches will be conducted only where this company has reason to believe that the employee has violated this company's substance abuse policy. Failure to consent to a search or display personal proper~ for visual inspection will be grounds for discharge or denial of access to this company's premises. Searches of an employee's personal property will take place only in the employee's presence. Ail searches under this policy will occur with the utmost discretion and consideration for the employee involved. Individuals may be required to empty their pockets, but under no circumstances will an employee be required to remove articles of clothing or be physically searched. Because the primary, concern is the safety of its employees and their working environment, this company will not normally prosecute the employee in maters involving illegal substances. However, this company will turn over all corrfiscated drugs to the proper law enforcement authorities. Further, this company reserves the right to cooperate with or enlist the services of proper law enforcement authorities in the course of any investigation. Collective Bar~ainin~ Rights Tins policy does not eliminate the bargaining rights of any employee covered under any collective bargaining agreement between th2s company and any certified labor organization as provided in the collective bargaining process, ff applicable. AHCA (Agency for Health Care Administration) Certified Testing Laboratories and MRO This company uses only AHCA certified testing laboratories and AAMRO Certified Medical Review Officers. For information concerning laboratories and medical review officer services please contact: Total Compliance Network/South Atlantic Testing Services (954) 5?2-4415 4588 North Universit~ Drive, Lauderh~ll, FL 33351 Emplryer Protection Tiffs policy supercedes any information provided to applicants and/or employees, either written or oral. This company reserves the right to change provisions of this poli~ and testing program at any time in the future. Drug Referral SerVices and Suppo~ Groups Nationwide: 1. Alcohol Hot-line: 1-800-ALCOHOL, 24 hour referral line for information on programs designed for alcoholics. 2. Cocaine Hot-line: 1-800-COCAINE, 24- hour referral line for information on programs designed for cocaine abuse. 3. National Drug & Alcohol Treatment and Referral Hot-line: 1-800-662-4357, Confidential information on treatment, self-help, and suppor~ programs for drug users. State of Florida: Operation par (Pa~ Outpatient Coumeling) 10901-C Rooselvel! Boulevard, Suite 1000 St. Petersburg, Florida 33716 (813) 577-5812 Tri-County Addictior~ Rehabilitation 1831 N. Crystal Lake Drive Lakeland, Florida 33803 (813) 66%0333 Central FI. Substance Abuse 1048 A. Dixon Blvd. Cocoa, Florida 32922 (407) 631-4578 Char~er Coumeling Center of Brooksville 12120 Cortez Blvd. Brooksvilte, Florida 34613 (352) 596~420 Care Center for Mental Health 1205 4*. Street Key West, Florida 33040 (305) 292-6843 Fort Lauderdale Hospital 1601 Earn Las Ola~ Blvd. Fort Lauderdale, Florida 33301 (954) 463 4321 Life Stress Behavioral Center P.O. Box 491000 Leesburg, Florida 34719-1000 (352) 787-9178 Sarasota Memorial Hospital 1700 S. Tamiami Trail Sar ~sota, Florida 34239-3555 (813) 953-1783 Tampa Metro Treatment Center 5202 East Busch Blvd. Tampa, Flor/da 33617 (813) 980-3260 Columbia Lawnwood Pavillion 1870 North Lawnwood Circle Fort Pierce, Florida 34950 (56l) 466-1500 Center for Life Enrichment 11820 Beach Blvd. Jacksonville, Florida (904) 642-6680 Transitions 1928 N.E. 154~. Street N. Miami Beach, Flor/da 33162 (800) 626-1980 Mental Health Assoc. of Central FI. 608 Mariposta Street Orlando, Florida 32801 (407) 843-1563 Bowling Green Treatment Center 2727 Capital Medical Blvd. Tallahassee, Florida 32301 (904) 877-7790 / (800) 243-9007 Southwesl Fl. Addiction Services 2101 McGregor Blvd. Fort Myers, Florida 33901 (813)337-4411 Alcohol & Drug Abuse (S D.A.P) 451 Riverside Drive Staari. Florida 34994 (407) 286-8933 Savannas Hospital 2550 S.E. Walton Road port St. Lucie. Florida 34952 (561) 335-0400 Charter Woods Counseling Center 700 W. 23~d. Street, Suite 54 panama City, Florida 32405 (904) 769-3252 Beachcomber 4493 N. Ocean Blvd. Dekay Beaeh~ Fiorida 33483 (561)734-1818 Lake Wales Drag Awareness Council P.O. Box 7432 Lake Wales, Florida 33859-2432 (813) 676-1949 Columbia Behavioral Health Center 3130 S.W. 274. Avenue Ocala, Florida 32674 (352) 237-7293 P. Educational Material On Substance Abuse WHAT IS SUBSTANCE ABUSE? Substance abuse is the harmful and dangerous use of alcohol and/or other drags. It affects all types of workers; male and female, young and old, production workers, executives, supervisors, clerical workers, and maintenance personnel. Anyone can have a substance abuse problem. It can be prevented or treated by Substance Abuse Professionals. Alcohol and drugs may give the illusion of freeing you from the fears, responsibilities, and petty hassles of everyday life. It can destroy you physically and mentally. Most people abuse drugs and alcohol as an escape from other problems such as family problems, low self-esteem, financial worries and/or feelings of inadequacy. Many of us enjoy an occasional social drink or take legal drags under a doctor's supervision That is okay as long as v,e don't overdo it and misuse the substmnces. Various people handle alcohol in different ways It isn't necessarily how much you drink, it's what happens when you drink; how it affects your life and those around you. Besides harming your body and mind, most abused drugs are illegal. Buying and using them could result in arrest, fines or even jail! The ppical reasons given fur taking the express train to Utopia w/th drags are it helps me relax, it heightens the senses, it expands the mind and/or it makes me feel confident. The truth is, you can achieve these same feelings naturally x~athout destroying your body and life. A "natural high" is legal. H/ding bekind drags or alcohol could lead to the biggest mistake of your life. Everyone pays for substance abuse. Abusers often have legal or health problems, conflicts at home, accidents on and off the job. Substance abuse is a major factor in haft of ail divorces. It contributes to domestic violence, child abuse and sexual abuse. Working with substance abusers can be unpleasant and dangerous. Substance abuse destroys work performance, resulting in reduced productivity., motivation, quality of work and increased employee theft. It is never too late or too soon to change a substance abuse problem. If you suspect that you have a problem, don't think that it will go away if you ignore it. Jt ~,ill only get worse. The first thing you must do is accept the fact that abusing drugs and alcohol is l~ke playing with fire- it can and will destroy the lives of people just like you everyday. Pushing yourseff to the limit with drags and alcohol will only destroy all that you hope to be. Talk to a close friend about your problem, if your friends keep telling you that you have a problem, listen to them and take a good look at yourself. Sometimes it's not easy to see ourselves clearly. Many companies have employee assistance programs (EAP 's) that refer you to professionals and groups to help you with )'our problem. They also provided information about insurance coverage for treatment. These programs are voluntary and confidential! Noonecanmakeyougoorholditagainstyouifyoudogo. Your company reaiizes that anyone who is willing to seek help deserves the company's support. Another source for help is your phone book. Look in the yellow pages for Health Organizations, Social Services and Mental Health Organizations. Since substance abuse harms everyone, join with others to oppose it. Encourage those who need help to get it, at work or in the community. One of the most effective ways to fight substance abuse at work is for employees to unite against it. Make it clear that alcohol or drug use on the job is absolutely unacceptable. THE MOST ABUSED SUBSTANCES AND THEIR EFFECTS ARE: ALCOHOL - Alcohol is legal, socially acceptable and inexpensive substance to use. Because it is accepted part of many occasions, it's hard to recognize when you cross the invisible line from social drinking and abusive drinking. The following check list may help you determine if you have a drinking problem. Do You: *lose time from work due to drinking? *want to drink in the morning? *have trouble sleeping? *drink to feel more confident or outgoing?*feel easily frustrated?*find you are overanxious or oversensitive? *blame others for your problems? *drink alone? *let family or job responsibilities slide? *forget what happened when you're drinking? *find you have lost weight? *find your mind is not working quickly *have ,violent mood swings If you drink regularly, answering "yes" to any of these questions could indicate that you have a drinking problem. Admitting that you have a problem is the first step. The best place to start solving it is by contacting Alcoholics Anonymous. An AA group is as close as your phone book. Alcohol is a central nervous system depressant and is the most widely abused drug. About half of all auto accidents fatalities in this country are related to alcohol abuse. Fact: A 12-ounce can of beer, a 5-ounce glass of wine and a 1-1/2 ounce shot of hard liquor all contain about the same amount of aicohok Coffee, cold showers and exercise do not quicken sobriety. Each one-half ounce of alcohol takes the average body about one hour to process. Alcohol first acts on those paris of the brain that affect self-control and other learned behaviors. Low self-control often leads to the aggressive behavior associated with some people who drink. In large doses, alcohol can dull sensation and impair muscnlar coordination, memory and judgment. Taken in larger quantities over a long period of time alcohol damages the liver and heart and can cause permanent brain damage. On the average, heavy drinkers shorten their life span by about ten years..Other Effects: *greatly impaired driving ability *reduced coordination and reflex action *impaired vision and judgment *inability to divide attention *lowering inhibitions *overindulgence (hangover) can cause: headaches, nausea, dehydration, unclear thinking, unsettled digestion and/or aching muscles. MARIJq[JANA - Marijuana is also known as "grass", "pot", "weed", "Mary Jane", "herb"," a joint" and" a roach", among the other street names. Fact: While alcohol dissipates in a matter of hours, marijuana stays in the body for 28 days. 3d;arij'uana alters sense of time and reduces the ability to perform tasks requiring concentration, swift reactions and coordination. The drug has a significant effect on judgment, caution, and sensory/motor abilities. Other Effects: *increased pulse rate and blood pressure *rapidly changing emotions and erratic behavior *altered sense of identity *impaired memory *dulling of attention *hallucinations, fantasies and paranoia ~'reduction or temporary loss of fertility COCAINE - is a stimulant drag, which increases heart rate and blood pressure. As a powder, Cocaine is inhaled (snorted), ingested, or injected. It is known as "coke", "snow", "nose candy" and "lady". Cocaine is also used in a free- base form known as "crack" or "the rock" which is smoked. It acquired its name from the popping sound heard when it is heated. Fact: Many people think that because crack is smoked, it is %afer" than other forms of cocaine use. It is not. Crack cocaine is one of the most addictive substan_ces known today. The crack '~l'dgh" is reached in 4-6 seconds and last about 15 minutes. The most dangerous effects of crack is that it can cause vomiting, rapid heartbeat, tremors and convulsive movements. Alt of this muscle activity increases the demand for o~gen, which can result in a cocaine-included heart attack. Since the heart regulating center in the brain is also disrupted, dangerously high body temperatures can occur. With high doses, brain functioning, breathing and heattbeat are depressed- leading to death. Other Effects: *impaired driving ability ~ anxiety * reduced sense of humor *accelerated pulse, blood pressure and respiration mood swings* heightened, but momentary, feeling of confidence, strength and endurance *paranoia, which can trigger mental disorders in users prone to mental instability *repeated sniffing/snorting results in irritation of the nostrils and nasal membrane *compulsive behavior such as teeth grinding or repeated hand washing AMPHETAMINES - are drugs that stimulate the central nervous ~stem and promote a feeling of alertness and an increase in speech and general acti¥ity. Some common street names for amphetamines are" speed", "uppers", "black beauties", "bennies", "wake ups", "football" and "dex/es". Fact: People with a history of sustained low-dose use quite often become dependent and believe they need the drag to get by These users frequently keep taking amphetamines to avoid the down mood they e..xperience when the tfigh wears off. Even small, infrequent doses can produce toxic effects in some people. Restlessness, anxiety, mood swings, panic, heartbeat disturbances, paranoid thoughts, hallucinations, con, mlsions and coma have been reported. Other Effects: *loss of appetite *irritability, anxiety, apprehension *increased heart rate and blood pressure *difficulty in focusing eyes *exaggerated reflexes *distorted thinking *perspiration, headaches and dizziness *short term insomnia OPIATES - Opiates, including heroin, morphine, and codeine, are namotics used to relieve pain and induce sleep. Common street names are "horse", -"hard stuff". "IvI", "brown sugar", "Harry" and "Mr. IF'. Fact: Heroin, also called "junk", or "smack", accounts for 90% of the narcotic abuse in this country. Sometimes narcotics found in medicines are abused. This includes pain relievers containing opium and cough syrups containing codeine. Heroin is illegal, and ca,not even be obtained with a physician's prescription. Most medical problems are caused by the uncertain dosage level, use of unsterile needles, contanduation of the drug, or combination of a narcotic with other drugs. These dangers depend on the specific drug, its source and the way it is used. Other Effects: *reduced vision, impaired driving ability *change in sleeping habits~ drowsiness followed by sleep *constipation, decreased physical abillty *short -lived state of euphoria, possible death PHENCYCLIDINE (PCP) ~ also called "angel dust", "rocket fuel"~ "super kools" and "killer weed" was developed as a surgical anesthetic in late 1950's. Later due to it's unusual side effects in humans, it was restricted to use as a veterinary anesthetic and tranquilizer. Fact: PCP is a very dangerous drug. It cfm produce violent and bizarre behavior even in people not otherwise prone to such behavior. More people die from accidents caused by erratic and unpredictable behavior produced by the drag than from the drug's direct effect on the body. PCP scrambles the brain's internal stimuli and alters how users see and deal with their environment. Routine activities like driving and walking become very difficult. Low doses of PCP produce a rush, sometimes associated wi~ a feeling of numbness. Increased doses produce an excited, confused state including any of the following: muscle rigidity, loss of concentration and memory, visual disturbances, delirium, feelings of isolation and convulsions. Other Effects: *impaired driving ability *drowsiness *thick, slurred speech *blank stare *involuntary eye movement *perspiration *repetitive speech patterns *incomplete verbal responses COMBINATIONS OF DRUGS - The number of drug variations that can be made, mixed and distribnted is almost unlimited. Combining drugs makes physical and mental effects unpredictable and often much more servdre than if the same drugs were taken separately. Combining alcohol with depressants, cocaine, marijuana, etc. can be especially dangerous. As long as there is a demand for drugs and alcohol there will be a supply, in ever-changing variations. The solution is preventing the demand for drugs and alcohol. I Certificate of Insurance THiS CERTIFICATE IS NO~T THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. lANINSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that I Solo Construction Corporation 3855 Commerce Parkway Miramar Parkway, FL. 33028 I Name and address of Insured. LIBER2Y vrUTU , Js, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is sub all their terms, exclusions and conditions and is not altered by any requirement, term or condition of any contract or other document with respect to whi certificate may be issued. TYPE .OF POLICY EXP, DATE POLICY NUMBER LIMIT OF LIABILITY WORKERS [] CONTINUOUS COVERAGEAFFORDED UNDER EMPLOYERS LIABILITY COMPENSATION [] EXTENDED WC7-151-274625-120 wc LAW OF THE FOLLOWING STATES: Bodily Injury By Accident [] POLICY TERM $500,000 Each 09/18/2001 Florida Accident Bodily Injury By Disease $500,000 Policy Limit Bodily Injury By Disease $500,000 Each Person GENERAL LIABILITY 09/18/2001 TB2-151-274625-020 General Aggregate - Other than Products/Completed Operatic $2,0O0,000 Products/Completed Operations Aggregat $1,000,000 F'~occURRENCE Bodily Injury and Property Damage Liability $1,000,000 Per Occurrence ['-]CLAIMS MADE Personal Injury Per Pe~'son/ RETRO DATE $1,000,000 Organization Other Fire Legal - Other Med. Pay - $5,000 $100,000 ~,UTOMOBILE LIABILIT' 09/18/2001 AS2-151-274625-280 $1,000,000 Each Accident - Single Limit B.L and P.D. Combined [] OWNED Each Person [] NON-OWNED Each Accident or Occurrence [] HIRED Each Accident or Occurrence }THER Umbrella Excess 09/18/2001 TH1-151-274625-060 $2,000,000 $in91e Limit for Bodily Injury and Proper~y Liability Damage Liability over Undedyin9 Limit \DDITIONAL COMMENTS * If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER. SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS CUlL'Pr OF INSURANCE FRAUD. IMPORTANT NOTICE TO F~, ORIDA POMCYHOLDERS AND CER'I1FICATE HOLDERS: IN THE EVENT YOU HAVE ANY QUESTIONS OR NEE D INFORMATION ABOUT THiS CERTIFICATE FOR ANY REASON. PLEASE CONTACT YOUR LOCAL SALES PRODUCER. WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND DDRNBR OF THIS CERTIFICATE. THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO aE OBTAINED BY CALLING THIS NUMBER. NOTICE OF CANCELLATION: (NOTAPPMCABLE UNLESS A NUMBER OF DAYS kS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATB THE COMPANY WILL NOT CANCEL OR REDUCE THE iNSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: James R. Fiet AUTHORIZED REPRESENTATIVE CERTIFICATE HOLDER Ft. Laud~ ~, FL (800) 542-0055 06/20/01 DE PHONE NUMBER DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Compan BS1501 Derek Taylor, Supervisor Employment: 10 Experience: 15 yrs MIAMI DADE COUNTY WATER AND SEWER AUTHORITY Contract No: S-616 Contract Price: $1,500.000.00 Central District Wastewater Treatment Plant Interconnections at Pump Station No.2 Project No S-616, The work consists of furnishing and installing an interconnection 72 and 54 inch Reinforced Concrete Cylinder Pipe (RCCP) and fittings for making an Interconnection between existing 60, 72 and 84-inch concrete mains. Futher included are furnishing and inst~!l~ng a 24-inch ductile iron main, constructing a cofferdam; Installation of two Department furnished 72-inch plug valves; restoration and all other Appurtenant and miscellaneous items and work necessary for a complete,functional Project. Contact Person-A/ma Santiago (305)-669-7753 MIAMI DADE COUNTY WATER AND SEWER AUTHORITY Contract No: S-600 North District Wastewater Treatment Plant. This work consists of 160-feet diameter primary clarffier tanks; one oxygenation train Influent control chamber; and restoring four (4) oxygenation train influent pipelines, By the resin impregnated felt tube pipe lining method, at the site of the Department's North District Wastewator Treatmept Plant, located at approximately N.E. 151a St and Biscayne Boulevard in North Mi~ml, Dade County Florida. Contact Person-A bna ,Santiago (305)-669-7753 MIAMI DADE COUNTY WATER AND SEWER AUTHORITY Contract: S-409 South District Wastewater Treatment Plant. Plant Inject/on Wells No 1-13 through 1-17 and 72 inch Effluent Piping Extension. The work includes the construction of five {5) 3,100 feet deep cavernous boulder zone Injection wells with well pads, well heads and connecting piping; five (5) 1,850-feet Deep Floridian Aquifer monitoring wells with well heads; five (5) 40- feet deep Biscayne Aquifer water supply and monitoring wells; twenty (20) 20- feet deep water table monitoring wells; approximately 780 feet of 72-inch I.D. prestressed concrete cylinder Piping extension of the effluent discharge line; five (5) instrumentation buildings with equipment and electrical facilities; an underground electrical duct bank system; electrical Controls and other facilities; Grading, Landscaping; and all other appurtenant and miscellaneous item and work necessary for a complete working installation. Contact Person~A/m~ Santiago 305-669-7753 RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-08-10-2, NE 30TM AVENUE DRAINAGE IMPROVEMENTS, TO SOLO CONSTRUCTION CORPORATION AT THE BID PRICE OF $925,237.90. 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. 01-08-10-2, Solo Construction 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 Solo Construction Corporation has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, Solo Construction Corporation recognizes that if they exceed the quantity indicated in their schedule of values of the bid package for the item described as "Remove and Dispose Unsuitable Fill", they will not be compensated by the City of Aventura. WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Resolution No. 2001-__ Page 2 Section1: That bid/contract for BID NO. 01-08-10-2, NE 30th Avenue Drainage Improvements, is hereby awarded to Solo Construction Corporation in the amount of $925,237.90. 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 Storm Water Utility Fund Line Item Number 410-5001-538-6306 Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by adoption. The motion was seconded by 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 , who moved its and upon being put to a Resolution No. 2001-__ Page 3 PASSED AND ADOPTED this 4th day of September, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER TO: FROM: DATE: SUBJECT: MEMORANDUM City Commission Eric M. Soroka, City/M,a~e~ August 28, 2001 Disbursement of Police Forfeiture Funds September 4, 2001 City Commission Meeting Agenda Item ~ ~ RECOMMENDATION It is recommended that the City Commission adopt the following Motion to Expend Funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $27,280 for traffic video monitoring study, satellite video system and equipment and firearms storage rack from the Police Forfeiture Fund in accordance with the City Manager's memorandum". BACKGROUND As per the attached Staff Report, the Police Chief has requested approval to appropriate Police Forfeiture Funds as follows: 1. Traffic video monitoring study at key intersections $14,080 2. Satellite video system and equipment $10,000 3. Firearms storage rack $3,200 If you have any questions, please feel free to contact me. EMS/aca Attachment CC01001-01 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM August 27, 2001 Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Council approval for the expenditure of: Traffic video monitoring study $14,080 Satellite system and equipment $10,000 Firearms storage racks $3,200 Total Expenditure Request: $27,280 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were no~t considered in the adoption and approval of the budget of the Police Department. Roadway Cameras: This money will be used for a work authorization study for traffic video monitoring system. Satellite System and Equipment: DSS Satellite system, and related equipment, for use by the Government Center and Police Department EOC to keep City Hall and PD staff apprised of media events and/or weather conditions during times of manmade and/or natural disasters. The DSS system is a redundant backup to the cable connections provided to the Government Center in the vent one or the other local channel system fails. Gun Storage Racks: These racks will be installed in the armory and used to secure police department firearms that have not been issued. WORK AUTHORIZATION NO. 01-0103-005 The City of Aventura has requested Work Authorization No. 01-0103-005 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No. 01-0103-005 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Site Selection Develop initial list of intersections Data collection Analyze and rank intersections Total Site Selection Phase $1,150.00 $7,475.O0 $2,380.O0 $11,005.00 Construction Cost Estimates Develop construction cost estimates Total Cost Estimate Phase $1,150.00 $1,150.00 Report Preparation Prepare letter report Total Report Phase $1,725.00 $1,725.00 Reimbursable Expenses Printing, Graphics, Communications, Couriers, Express Mail, Etc. $200.00 Total Reimbursable Expenses $200.00 Total Estimated Labor Expenses are Total Estimated Reimbursable Expenses Project Total $13,880.00 $200.00 $14,080.00 The time period for this work authorization will be: Data Collection Site Selection Analysis/Report 21 Days 21 Days ATTEST BY City Clerk Teresa M. Soroka, CMC APPROVED AS TO FORM BY City Attorney Weiss Serota & Helfman, P.A. CITY: CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Eric M. Soroka __ day of ,2001 Notice to Proceed Yes Project Initiation Date No RECOMMENDED through its Director of Community Services BY Director of Community Services Robert M. Sherman, CPRP __ day of ,2001 Exhibit A Consultant shall, as requested, assist the City of Aventura in the development of a traffic- monitoring program to establish a priority system for the installation of video and/or microwave technology to provide real time travel conditions upon demand. Through our subconsultant, Tinter Associates, Inc. we shall complete the following tasks: Site Selection · Develop a list of intersections within municipal limits of the City of Aventura that may benefit from video or microwave technology. The list will include but may not be limited to the following intersections: Aventura Boulevard at Biscayne Boulevard, Aventura Boulevard at Country Club Drive W., N.E. 207 Street (Waterways Boulevard) at Biscayne Boulevard, N.E. 207 Street (Waterways Boulevard) at N.E. 34 Avenue, N.E. 203 Street at Biscayne Boulevard, N.E. 192 Street (William Lehman Causeway) at Biscayne Boulevard, N.E. 192 Street (William Lehman Causeway) at Country Club Dr. W., N.E. 192 Street (William Lehman Causeway) at Country Club Dr. E., and Country Club Drive N. at N.E. 34 Avenue, N.E. 183 Street (Williams Island Boulevard) at Biscayne Boulevard, N.E. 186 Street at Biscayne Boulevard, N.E. 187 Street at Biscayne Boulevard, N.E. 213 Street at Biscayne Boulevard. Review each location in the field, as necessary. Collect A.M., Mid-day and P.M. Peak Hour mining movement count data at each location along the Biscayne Boulevard corridor. Collect A.M. and P.M. Peak Hour turning movement count data at each of the remaining locations. The data collection effort as described herein is expected to cost $6,500.00. Variations in the data collection program may increase or decrease the estimated cost. Analyze and rank intersections. Construction Cost Estimate · Develop a construction cost estimate for both video and microwave equipment. Letter Report · Prepare a letter report detailing our methodology and presenting our findings and recommendations. Should it become necessary to attend meetings with State, County, and/or local officials or to perform any additional work not specified herein, we will be pleased to do so at the rates specified in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission '~ '~g~ Eric M. Soroka, City.~ August 28, 2001 v ..~ Contract for Professional Legislative Relations and Lobbying Services - Ron Book September 4, 2001 City Commission Meeting Agenda Item ~-/'~ RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Contract for Professional Services relating to legislative relations and lobbying requirements. The prior Agreement entered into in 1996 has expired. BACKGROUND In November of 1996, the City entered into the Contract for Professional Legislative Relations and Lobbying Services with Ron Book. The contract provided for a $30,000 per year fee with up to $10,000 in reimbursable expenses. The new contract provides for an annual fee of $38,000 and reimbursable expenses are capped at $5,000 per year. Based on the fact that the City has received over $900,000 in grants and funding from the State Legislature since 1996, it is recommended that Ron Book's contract be approved by the City Commission. The revised fee is still less than the amounts contained in similar contracts with North Miami Beach, North Miami and Sunny Isles. If you have any questions, please feel free to contact me. EMS/aca Attachment cc01002-01 CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this day of , 2001, by and between the City of Aventura, a Florida Municipal Corporation ("CITY"), and Ronald L. Book, Esq. ("BOOK"), an attorney and member of the Florida Bar, doing business as Ronald L. Book, P.A. THE PARTIES HERETO DO COVENANT AND AGREE AS FOLLOWS: I. PURPOSE The purpose of this Agreement is to provide for the CITY to retain the professional services of BOOK for coordination of the CITY'S legislative relations and for lobbying requirements, as described in paragraph II herein below. I1. SERVICES Book shall provide all necessary legislative relations and lobbying services to the City of Aventura. Such services shall include work for the purpose of securing funds and grants for various purposes from State, Federal and other sources, promoting intergovernmental cooperation in achieving the CITY'S objectives, and securing funds and grants for parks and recreation purposes, drainage improvements, crime prevention, economic development, and other purposes. BOOK shall regularly report the status of his efforts to the City Manager and/or the City Attorney. II1. COMPENSATION A. For all professional services by BOOK hereunder as described in paragraph II, the CITY shall pay BOOK annual compensation of Thirty Eight Thousand ($38,000.00) Dollars, payable in equal monthly installments on or before the 20th day of each month of the term hereof. B. In the event that an extraordinary matter arises hereunder which itself substantially consumes the time, effort and resources otherwise available, the CITY may, at the City Commission's discretion, provide additional reasonable compensation to BOOK. IV, EFFECTIVE DATE/DURATION This Agreement shall be effective immediately from and after and shall be terminated in accordance with Section V. V. TERMINATION Either party hereto, at its discretion, may terminate this contract at any time, upon thirty (30) days advance written notice to the other. In the event of such termination, the City shall only be obligated for costs incurred prior to the termination notice. VI. PRIORITY BOOK shall not be prohibited from representing or providing the like services to other persons and entities beside CITY, so long as BOOK shall avoid any representation or relation which would create an adversarial (litigation against the City) conflict of interest, as determined by the City Attorney and City Commission. Further, BOOK shall not take on any client or matter which would jeopardize BOOK'S ability to devote the time, resources and effort necessary to fulfill his obligations to CITY hereunder. VII. MALPRACTICE INSURANCE BOOK shall carry lawyer's professional malpractice insurance or other form of insurance which shall provide coverage of not less than $500,000. VIII. PROCESSING OF COSTS BOOK shall be reimbursed by CITY for reasonable costs, including travel expenses, telephone, copying fees, federal express and postage, unless paid in advance by the CITY. Such costs shall not exceed Five Thousand ($5,000.00) Dollars on an annual basis, unless approved by the City Manager. If BOOK is traveling on behalf of several clients, the City shall be responsible for such costs on a pro-rated and equal basis. IX. NOT ASSIGNABLE This Agreement shall not be subject to assignment by either party hereto. IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. WITNESSED: RONALD L. BOOK, P.A. CITY OF AVENTURA Eric M. Soroka, City Manager ATTEST Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: City Attomey RESOLUTION NO. 2001-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING SERVICES BETWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ., 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 the attached contract for professional legislative relations and lobbying services between the City of Aventura and Ronald L. Book, Esq. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: , who 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 4th day of September, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ty~ Eric M. Soroka, Ci Brenda Kelley, Com~u~elopment Dire~ August 27, 2001 Request of Aventura Bay Villas Corporation for Final Plat Approval 3001 NE 185 Street (08-SUB-01) September 4, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the "Aventura Bay Villas" Final Plat. THE REQUEST The applicant, Aventura Bay Villas Corporation, is requesting Final Plat approval of the subject property with the intent of constructing a 193 unit residential apartment building with four stories at the front property limit, or NE 185 Street and seven stories at the rear, or waterfront limit; a six story accessory parking structure; and interior courtyard amenities. This property has previously been unplatted, being referenced as a metes and bounds description. The existing three parcels are being platted into two tracts. Tract A is the building site and Tract B contains the south half of the existing canal. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Bay Villas Corporation LOCATION OF PROPERTY 3001 NE 185 Street (see Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTY Approximately 4.289 acres LEGAL DESCRIPTION Parcel1:AtractoflandintheS¼oftheS¼ of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida and Parcel 2: A tract of land in the S ½ of the S ½ of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida and Parcel 3: A tract of land in the S ¼ of the S ½ of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida and A perpetual, non-exclusive easement to use the canal described as Parcel 3 in common with all other owners abutting the canal (see Exhibit #-4 for existing survey and Exhibit #5 for complete legal description) THE PROJECT The applicant is proposing to construct a mediterranean-style residential apartment building with 193 units, a six story accessory parking structure and interior courtyard amenities. This property is currently vacant, being the former site of Florida Wire Products on the north side of NE 185 Street just west of NE 31 Avenue, ANALYSIS Site Plan- A site plan for the residential building was administratively approved by the City on June 11, 2001. Building permits must be obtained within twelve months of the date of this approval. 2 Tentative Plat - The tentative plat for this property was given administrative approval by the City on June 6, 2001 and by the Miami-Dade County Plat Committee on July 13, 2001. The Shoreline Review Committee of Miami-Dade County approved a "No Need to Comply" determination for this development on June 6, 2001. Zoning - The site is zoned RMF3A, Multi-Family Medium Density Residential District, according to the City of Aventura Zoning Map. A residential apartment is a permitted use within this district. Development of the site will comply with the Declaration of Restrictions dated July 13, 1999 and its amendment dated May 15, 2001. Future Land Use Designation - The adopted City of= Aventura Comprehensive Plan designates the site as Medium High Density Residential. Access - The site is accessed from the public road named NE 185 Street. it may also be accessed by water from the canal on the north limit of the property. Au~ ~0 City of Aventura Community Development Department 19200 West Country Club Drive Aventura, FL 33180 Re: Aventura Bay Villas/GDC Properties 3001 N.E. 1850' Street LETTER OF INTENT Dear Ms. Kelley, This letter is written and furnished to the City of Aventura as inducement for acceptance and approval of the enclosed application for Final Plat / Subdivision Development. The owner of the property is Aventura Bay Villas Corporation. The site plans covered under the previous site plan application represent an aesthetically pleasing tiered design with four stories on the street side of the property and seven stories on the water side. The staggered parapets create depth and perception atypical of standard residential buildings. The unique characteristics incorporated into the design, coupled with the extensive view corridor will represent an asset to the City and complement the other residential developments in the area. Please advise our office of the amount of the fee due to the City in connection with the above application, and any additional material required. We look forward to your favorable review of the attached. Should you have any questions regarding the above, please do not hesitate to contact me. Sincerely yours, Fortin, Leavy, Skiles, Inc. Daniel C. Forth, PSM Vice President EXHIBIT OglSUB-01 BROWARD COUNT~r DADE COUNTY Hospital Promenade Shops I~tvD . ~hOpPe~ 2078T. ~/ . ~ 201 TER, AVENTURA Aventura Mall of Aventura 192 ST. Island 188 ST. Subject Site .... ~ 33180 . Maule Lake Litd~ MaMe Lake EXHiBiT #2 08-SUB-01 / / LEGEND 0 RoaOways .... . · City Boundary ZiP Code Boundary ........... Railroad Ocean Subject Site EXHiBiT #3 08-SUB-01 ?.~'~ /.~.., . ... .~A. N..A,~--/ ; .x D'ARC-EL'3 '. '.:-/" ." ," ..... ., · ,/ , · , ., , ~, .. ~ .r,/-~ , ,, ,, ~., ,~ .... ~' ,.~, .: :,, .:,. · ~ ~ ~, .~ -' :,...,~-~~1~, ., ~, ,.:,. ,, ~ ~ :.~,i~'_' .................... ....................... ,, ,~ . ,. ...-~ ~ .., .,: __$ _ :~, ,~, .~,._ :' ::.. .. ~ ~ ,....,,..--,-.--..-..---,'---'--'""--'-'":~"::""' ~'f ,CELl h PARCEL 2 I .~i ~ " ,.. h ...... ~- .................... :~ § ! -~-~ -' - t 1~ .... ~: =_.=-- ___=~.__.:.~. ........ . . -. · ~---.~] I~ -- =-..' -' ~, - ' ' .... _ , .~.-_, .-- , . ,. '---~ ---- ~ - .......... --~'~- .... -~---~--- ' l: .,'N ........ ' ~"'"~ ¢ ' I " ,i. " r~ ................ ~.-2 ................................................................. r ............... ........ Iii 0 , .,-' ..-~ ~ . - PARCEL 1: A tract of land in the S 1/4 of the S 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida; thence mn North 00~ 31' 59" West along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 70 feet to the Point of Begiuning of the tract of land herein described; thence mn South 893 59' 45" East along a line parallel to and 70 feet North of as measured at right angles to, the South line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 295.00 feet to a point; thence run North 00~ 31' 59" West along a line parallel to and 294.99 feet East of, as measured at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 335.21 feet to the point of intersection with a line parallel to and 75 feet NoFth of as measured at right angles to, the North line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said line being the high water line of an existing canal; thence nm North 893 58' 15" West along the last described line a distance of 295.00 feet to the point of intersection with the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence mn North 89 ~ 58' 05" West along a line parallel to and 75 feet North of as measured at right angles to, the North line of the S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 a distance of 40 feet to the point of intersection with a line parallel to and 40 feet West of, as measured at right angles to, the East line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence nm South 003 31' 59" East along the last described line a distance of 335.36 feet to the point of intersection with a line parallel to and 70 feet North of, as measured at right angles to, the South line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence rrm South 89~ 59' 25" East along the last described line a distance of 40 feet to the Point of Beginrfing. And a tract lying East of and, contiguous to the above described property, described as: PARCEL 2: A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3; thence nm North 00 ~ 31' 59" West along the West line oftbe NNV 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3 a distance of 70 feet to a point; thence nm South 893 59' 45" East along a line parallel to 70 feet North of, as measured at right angles to, the South line of the NW 1/4 of the SW 1/4 of the SE 1/4 &said Section 3 a distance of 295, feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last described course a distance of 150.02 feet to a point; thence nm North 00~ 31' 59" West along a line parallel to and 445 feet East of, as measured at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance of 335.15 feet to the point of intersection with a line parallel to and 75 feet North of, as measured at right angles to, the North line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said'Section 3, said line being the high water line of an existing canal; thence mn North 89~ 58' 15" West along the last described line a distance of 150.02 feet to a point; thence mn South 00~ 31' 59" East a distance of 335.21 feet to the Point of Beginffmg. AND, ALSO, the Southerly portion of a canal bordering the above described property on the Northerly side thereof described as follows: PARCEL 3: A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: EXHiBiT #5 08-SUB-01 Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3; thence mn North 00s 31' 59" West along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3 a distance of 405.34 feet to the point of intersection with a line parallel to and 75 feet North of, as measured at right angles to, the North line of the South 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said point being the Point of Beginning of the tract of land hereinafter to be described; thence mn South 893 58' 15" East along the last described line, being along the high water line of an existing canal, a distance of 445.02 feet to a point; thence mn North 00 ~ 31' 59" West along a line parallel to and 445 feet East of, as measured at right angles to, the West line of the ~ 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance of 50 feet to a point of intersection with a line parallel to and 125 feet North of, as measured at right angles to the North boundary of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence run North 89~ 58' 15" West along the last described line a distance of 445.02 feet to the point of intersection with the West boundary of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence mn North 893 58' 05" West along a line parallel to and 125 feet North of, as measured at fight angles to, the North boundary of the S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 a distance of 40 feet to the point of intersection with a line parallel to and 40 feet West of, as measured at fight angles to, the East boundary of the NE 1/4 of the SE I/4 of the SW 1/4 of said Section 3; thence mn South 003 31' 59" East along the last described line a distance of 50.00 feet to a point; thence mn South 893 58' 05" East a distance of 40.00 feet to the Point of Beginning. Together with a perpetual, non-exclusive easement to use that certain canal described as Parcel 3 herein conveyed as a part, together and in common with and to the same extent as all other owners of land abutting said canal, which canal is the subject of that certain Easement Agreement between the grantor herein, R.B. Gautier, Jr., Individually and as Tmstec, joined by his wife, Francis Gautier, and North Dade Acres, Inc., a Florida corporation, dated June 4, 1962, recorded June 6, 1962, under Clerk's File No. 62R 98896, in Official Records Book 3185, Page 743 of the Public Records of Miami-Dade County, Florida. RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "AVENTURA BAY VILLAS" PLAT, BEING A PLAT OF A PORTION OF LAND IN THE SOUTH 1/4 OF THE SOUTH ~ OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST AND PORTIONS OF LAND IN THE SOUTH 1/2 OF THE SOUTH 1/2 OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura Bay Villas, a Florida Corporation, by and through Application No. 08-SUB-01, has requested Final Plat approval for "Aventura Bay Villas", being a plat of a portion of land in the S 1,~ of the S ~,4 of Fractional Section 3, Township 52 South, Range 42 East and portions of land in the S 1~ of the S ~,,~ of Fractional Section 3, Township 52 South, Range 42 East, 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 Bay Villas", more particularly described in Exhibit #2 attached to this resolution, 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. Resolution No. 2001- Page 2 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. 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 PASSED AND ADOPTED this 4th day of September, 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 ,2001. CITY CLERK PARCELI: A tract of land in the S 1/4 of the S 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida; thence nm North 003 31' 59" West along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 70 feet to the Point of Beginning of the tract of land herein described; thence nm South 893 59~ 45" East along a line parallel to and 70 feet North of as measured at right angles to, the South line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 295.00 feet to a point; thence run North 003 31' 59" West along a line parallel to and 294.99 feet East of, as measured at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 335.21 feet to the point of intersection with a line parallel to and 75 feet North of as measured at right angles to, the North line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said line being the high water line of an existing canal; thence nm North 893 58' 15" West along the last described line a distance of 295.00 feet to the point of intersection with the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence nm North 89 3 58' 05" West along a line parallel to and 75 feet North of as measured at right angles to, the North line of the S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 a distance of 40 feet to the point of intersection with a line parallel to and 40 feet West of, as measured at right angles to, the East line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence mn South 00~ 31' 59" East along the last described line a distance of 335.36 feet to the point of intersection with a line parallel to and 70 feet North of, as measured at right angles to, the South line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence run South 893 59' 25" East along the last described line a distance of 40 feet to the Point of Beginning. And a tract lying East of and, contiguous to the above described property, described as: PARCEL 2: A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3; thence nm North 00 ~ 31' 59" West along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3 a distance of 70 feet to a point; thence mn South 893 59' 45" East along a line parallel to 70 feet North of, as measured at right angles to, the South line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance of 295, feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last described course a distance of 150.02 feet to a point; thence mn North 003 31~ 59" West along a line parallel to and 445 feet East of, as measured at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance of 335.15 feet to the point of intersection with a line parallel to and 75 feet North of, as measured at right angles to, the North line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said'Section 3, said line being the high water line of an existing canal; thence nm North 893 58' 15" West along the last described line a distance of 150.02 feet to a point; thence mn South 003 31' 59" East a distance of 335.21 feet to the Point of Beginning. AND, ALSO, the Southerly portion of a canal bordering the above described property on the Northerly side thereof described as follows: PARCEL 3: A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as follows: Exb-ibit #2 to Resolution No. 2001- Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3; thence nm North 003 31' 59" West along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3 a distance of 405.34 feet to the point of intersection with a line parallel to and 75 feet North of, as measured at right angles to, the North line of the South 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said point being the Point of Beginning of the tract of land hereinafter to be described; thence run South 89~ 58' 15" East along the last described line, being along the high water line of an existing canal, a distance of 445.02 feet to a point; thence nm North 00 3 31' 59" West along a line parallel to and 445 feet East of, as measured at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance of 50 feet to a point of intersection with a line parallel to and 125 feet North of, as measured at right angles to the North boundary of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence nm North 893 58' 15" West along the last described line a distance of 445.02 feet to the point of intersection with the West boundary of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence nm North 893 58' 05" West along a line parallel to and 125 feet North of, as measured at right angles to, the North boundary of the S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 a distance of 40 feet to the point of intersection with a line parallel to and 40 feet West of, as measured at right angles to, the East boundary of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence nm South 003 31' 59" East along the last described line a distance of 50.00 feet to a point; thence ran South 89~ 58' 05" East a distance of 40.00 feet to the Point of Begiuning. Together with a perpetual, non-exclusive easement to use that certain canal described as Parcel 3 herein conveyed as a part, together and in common with and to the same extent as all other owners of land abutting said canal, which canal is the subject of that certain Easement Agreement between the grantor herein, R.B. Gautier, Jr., Individually and as Trustee, joined by his wife, Francis Gautier, and North Dade Acres, Inc., a Florida corporation, dated June 4, 1962, recorded June 6, 1962, under Clerk's File No. 62R 98896, in Official Records Book 3185, Page 743 of the Public Records of Miami-Dade County, Florida. Exb_ibit #2 to Rmsolution No. 2001- TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission t~ Eric M. Soroka, Ci August 30, 2001 ~ Government Center Project - Change Order September 4, 2001 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Change Order in the amount of $97,956 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 Perrnit 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, elevator exhaust fans, fire lane striping and strip inserts for lobby stairway. Cost - $31,867. = City Inspection Requirements - The following items were requested by City Inspectors during the Temporary Certificate of Occupancy and final Certificate of Occupancy process: static pressure sensors for air conditioning handlers, additional electrical panels, grounding for raised computer flooring and dispatch area, duct detectors for stairwell fans and grounding Iow voltage cabinets. Cost - $44,715. City Requests - Staff requested the following changes: modify partition wall on the fourth floor, install 60 floor-mounted door holders, and added electrical panel to handle increased electrical requirements. Cost - $21,374. Memo to City Commission Page 2 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 CC01004-01 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 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. 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 9 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 $97,956.00. 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 M. Perlow Resolution No. 2001 Page 2 PASSED AND ADOPTED this 4th day of September, 2001. JEFFREY PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'I-rORN EY CITY OF AVENTURA OFFICE OF THE CiTY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, Cit~a August 30, 2001 Resolution Accepting the Two Acre Tract A of the Plat of the Peninsula and 17' Easement Along N.E. 31st Avenue September 4, 2001 City Commission Meeting Agenda Item ~/¢ ~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution accepting a Special Warranty Deed for Tract A, two acres of the plat of the Peninsula as well as the 17' easement running from the northeast corner of Williams Island Boulevard, northward along the east side of N.E. 31st Avenue. Tract A can be utilized for the proposed PLC site or for a public purpose. BACKGROUND As part of the site plan review process and the Vested Rights Agreement requirement, the owners of the Peninsula were required to donate two acres of property to the City. The property can be used for a school or for public purposes as determined by the City. In addition, the owner agreed to our request to provide a 17' easement running from the northeast corner of Williams Island Boulevard northward along the eastside of N.E. 31st Avenue. The purpose of the easement is to provide an additional turning lane into the Tract A site in the event the property was utilized for school purposes to address traffic flow concerns. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01003-01 Prepared by/Return to: REUBEN M. SCHNEIDER Abrams Anton P.A. Post Office Box 229010 Hollywood, Florida 33022-9010 SPECIAL WARRANTY DEED THIS DEED, made this'2 ~day of August, 2001, Between, AVENTURA LAND HOLDLNG H, LTD., a Florida limited partnership, whose post office address is 321 East Hillsboro Boulevard, Deenqeld Beach, Florida 33441, GRANTOR, and CITY OF AVENTURA, a tn unicipal corporation of the State of Florida, whose post office address is 19200 West Country Club Drive, Aventura, Florida 33180 GRANTEE*. The GRANTOR, in consideration of the sum of Ten and NO/100 ($ I 0.00) Dollars, and other good and valuable considerations paid to Grantor, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's successors and assigns, as the case may be, forever, the following described land, located in Miami-Dado County, Florida: Tract "~' of the Plat of THE PENINSULA Tax folio number: 28 2203 054 0030 SUBJECT TO: Taxes for the current calendar year and all subsequent years, which taxes are not yet due and payable; zoning restrictions imposed by governmental authority; restrictions and matters appearing on the plat or otherwise COlranon to the subdivision, public utility easements of record and reservations of record, if any. and Grantor does specially warrant the title to the land, mid will defend against alt persons claiming by, through and under the Grantor. GRANTOR and GRANTEE are used for sin~,ular or plural, a~ context requires. IN WITNESS WHEREOF, GRANTOR has executed this Special Warranty Deed. WITNESSES: Print name of witness above AVENTURA~i~T~ e~~LAN HOLDING 1I, LTD., a Florida limi ed atner p By: AV OLD .. INC., aF By: ant STATE OF FLORiDA COUNTY OF BROWARD My commission expires: &~*~ ~% Bonita J. Weaver /~/31~AfITI~ ~r- ~/~-~gEf-~ ~tl~"~ % Cmm~on g CC 7695Z9 PrMt name of not~ on above IMO ~0~[~ P. Jvl S/RS/W:XB DI3 \0020~ peciat warranty deed WPD PENINSULA P.B. , PG. TRACT "A" TRACT "B" 10.620 ACRES ~clACT ·C· Prepared by: Stanley B. Price Bilzin Surnberg Dunn, et al 2500 First Union Financial Center Miami, FL 33131 EASEMENT AGREEMENT This Easement Agreement ("Agreement")is made as of theiJ day of August, 2001 between AVENTURA LAND HOLDING II, LTD., a Florida limited partnership ("Grantor"), whose address is 321 East Hillsboro Boulevard, Deerfield Beach, Florida 33441 and CITY OF AVENTURA, a municipal corporation of the State of Florida ("Grantee"), whose address is 19200 West Country Club Drive, Aventura, Florida 33180. RECITALS A. Grantor is the owner in fee simple of the following real property, situate in the City of Aventura, Miami-Dade County, Florida: Tract "C" of Atlas Terminal Apartments, according to the plat thereof, recorded in Plat Book 147, Page 67 of the Public Records of Miami-Dade County, Florida, Commonly known as "The Peninsula" ("Property"). B. Grantor is desirous of giving assurance to the Grantee that the Property will be developed substantially in accordance with the spirit and intent of the plans submitted to the City of Aventura. C. In connection with Grantee's approval of The Peninsula project, Grantor has agreed to grant and create, and Grantee desires to obtain, on the terms and conditions set forth, a non-exclusive easement (as hereinafter defined) over and across the Property for the purposes as set forth below in the Articles of Agreement. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: ARTICLES OF AGREEMENT Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. e Easement Area. Grantor grants to Grantee a non-exclusive seventeen (17) foot easement running from the northeast corner of Williams Island Boulevard, a/k/a N.E. 183rd Street, and N.E. 31 stAvenue east of dedicated N.E. 31st Avenue to a point north to the location of that portion of the Property designated as the "School Site" property ("School Site"), which non- exclusive easement ("Easement" or "Easement Area") is for the benefit of the School Site. It is anticipated that the School Site will be referred to as Tract ",&" on the Plat of The Peninsula. Term of Easement. The Easement shall be available to the Grantee for five (5) years from the date of this Agreement. However, if the School Site is developed by the City of Aventura as a school site within five (5) years from the date of this Agreement, then the Easement shall be effective and continue so long as the School Site is coni!nuously utilized for school purposes. The Grantee shall notify the Grantor, in writing, that the Easement will be needed and used fbr school purposes. Thereupon, Grantor shall provide an Easement Deed which is consistent with the provisions of this Agreement. Alternatively, the Easement may be included in Grantor's conveyance to Grantee of the School Site. Easement Use and Maintenance. If the Easement is utilized in accordance with paragraph 3, the Grantee shall be responsible for the cost and expense of removing, repairing and reconstruction of any improvements in the Easement Area, including, but not limited to, the presently existing wall, which removal, repair and reconstruction shall be consistent with the quality and quantity of physical improvements and landscaping on the Easement Area, shall be completed in a good and workmanlike manner, and restored to as good or better condition as of the date of the request in writing to utilize the Easement Area. All work to be done shall be in compliance with all local laws, ordinances, rules and regulations of applicable governmental authorities. Indemnification. During the period of time in which the Easement is utilized in accordance with the provisions of paragraph 3 above, the Grantee shall maintain the Easement Area at its expense and in good condition and repair so that it does not become unsightly. Grantee understands that Grantor expects to construct condominiums on the Property and the Easement shall not be allowed to detract from the quality of the proposed construction. Grantee indemnifies and agrees to hold Grantor harmless from and against and all loss, including reasonable attorneys' fees and costs, claim, liability or expense (including any obligation to remove, repair or reconstruct) arising out of or relating to any damage or lack or maintenance caused by Grantee, its employees, agents and representatives in connection with the improper use of the Easement, subject to the limits of Florida Statute 768.28. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed or on the third day after deposit in the U.S. mail, as registered or certified mail, return receipt requested, postage prepaid, as follows: If to Grantor Aventura Land Holding II, Ltd. 321 East Hillsboro Boulevard Deerfield Beach, Florida 33441 (954) 418-0208 With a copy to: Stanley Price, Esquire Bilzin Sumberg Dunn et al 2500 First Union Financial Center Miami, Florida 33131 (Tel) 305-374-7580 If to Grantee: City of Aventura 19200 West Country Club Drive Avenura, Florida 33180 (Tel.) 305- 466-8900 With a copy to: David M. Wolpin, Esquire Weiss Serota Helfman, et al 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 (Tel) 305- 854-0800 Amendment and Termination. All of the covenants, agreements, rights, duties, interests and benefits created hereby or contained herein may be terminated or amended, in whole or in part, only by an instrument executed by Grantor, or its respective successors in interest, and accepted by Grantee. Applicable Law. This Agreement shall be governed by the laws of the State of Florida. If any of the provisions contained herein shall be held invalid or unenforceable for any reason, such invalidity or unenforceability shall not in 10. 11. Easement. any event affect any of the other provisions contained herein and such other provisions shall be valid and enforceable to the fullest extent permitted by law. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior understandings and agreements between the parties regarding the subject matter of this Agreement. Severability. In the event that any part, term or provision of this Agreement is found to be illegal or otherwise invalid by appropriate judicial authority, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remaining portions and provisions of this Agreement shall be construed to be in full force and effect. Counterparts. This Agreement may be executed in counterparts by the parties hereto and each shall be considered an original insofar as the parties hereto are concerned but together the counterparts shall comprise only one Agreement. IN WITNESS WHEREOF, the Grantor and Grantee have executed his GRANTOR: AVENTURA LAND HOLDING II, LTD., a Florida limite~ aartnership By: AVEN 'U , HOLDING II, INC., a~ 5oration President 4 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this ,/~5~';Z~day of August, 2001, by Brian Street, as President of Aventura Land Holding II, Inc., a Florida corporation, who is personally known to me or produced a valid driver's license as identification, and who executed this instrument on behalf My Commission Expires: ~~', Sta;(e of, Florida ~ ~ ~¢ Commission ¢ CC 769529 ~ ~ ~ Expires AUG. 23,2002 Print name or notaw on above line ¢~¢ BONDED THRU GRANTEE: CITY OF AVENTURA, a municipal corporation of the State of Florida By:. City Manager A'Iq'EST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney #6 W:\BDI3\0020\Easement Agreement.wpd RESOLUTION NO. 2001- A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA FLORIDA, ACCEPTING DEED AND EASEMENT CONCERNING DEDICATION OF TWO ACRE PARCEL OF LAND TO THE CITY OF AVENTURA FOR USE FOR CITY SCHOOL OR OTHER CITY PURPOSES, SAID LAND BEING SITUATED NORTH OF NORTHEAST 183RD STREET AND EAST OF NORTHEAST 31ST AVENUE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the final plat for the Peninsula Condominium and the Vested Rights Determination Agreement, the owner of a two acre parcel of property, identified as Tract "A," has agreed to convey such parcel to the City of Aventura for use as a City School or for other City purposes; and WHEREAS, the provision of a 17 foot wide easement is necessary in the event the parcel is utilized for City school purposes; and WHEREAS, acceptance of the dedication of the two acre parcel and the easement, is in the best interest of the City, but shall not, in any way, commit the City to develop the two acre parcel for City school purposes. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Section 2. Authority. That the City Manager is hereby authorized to accept the dedication and conveyance of Tract "A," and the related easement, substantially in the form provided in the attached deed and easement. The City Manager may reject or terminate the easement, if determined not to be necessary. Acceptance of the deed and easement by the City Manager shall be subject to approval by the City Attorney as to form and legal sufficiency. Section 3. Authorization To Implement. The City Manager and City Attorney are authorized to take all action necessary to implement this Resolution. Section 4. Effective Date. This Resolution shall be effective immediately upon 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 Patri¢ia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 4th day of September, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY SERVICES DEPARTMENT MEMORANDUM City Commission Eric M. Soroka, C~4/~ge~ Robert M. Sherman, August 30, 2001 Resolution Authorizing the City Manager to execute the attached Agreement for providing Fireworks Displays with Zambelli International Fireworks Mfg. Co., Inc. as set forth in RFP #01-8-29-2. September 4th, 2001 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the Agreement for providing Fireworks Displays with Zambelli International Fireworks Mfg. Co., Inc. as contained in the Request For Proposals (RFP) # 01-8-29-2. Background In accordance with the City's purchasing ordinance, a Request For Proposals (RFP) for providing fireworks displays for a three year period, renewable at the City's sole discretion (including but not limited to July 4th activities) was solicited, advertised, and opened on August 29, 2001. Firms were asked to supply detailed arrayals for fireworks displays of $15,000, $20,000, $25,000 and $30,000. This approach gives the City flexibility in choosing an appropriate show for different special events, if we so desire. The Finance Support Services Director and City Attorney reviewed all proposal specifications prior to advertising. Proposals were mailed to the following nine firms: Pyrotechnica Zambelli International Fireworks Manufacturing Company, Inc. Fireworks by Grucci Neptune Fireworks Fireworks by Santone and Sons Add-Fire, Inc. Absolute Firepower (Firepower Displays Unlimited) Dynamic Effects Phantom Fireworks City Commission August 30, 2001 Page 2 Two companies responded to the RFP, they were: Fireworks by Grucci. Zambelli International Fireworks Manufacturing Company, Inc. Grucci's proposal was not responsive, as they did not provide an arrayal detail for fireworks displays for the dollar amounts requested. Grucci provided an outline for shows in the amount of $40,000 with a $10,000 discount for the first year, $5,000 discount for the second year and no discount for the third year. Zambelli's proposal was complete, responsive, and provided detailed arrayals for all of the requested displays in the dollar amounts contained in the RFP. They provided the required copies of all licenses, permits, and insurance coverages, as well as personnel qualifications and responsibilities, client list and references. Zambelli has provided fireworks for the City since 1996. A summary analysis detailing the size and number of aerial shells for each of the proposed fireworks displays from Zambelli is as follows: Shell Size Cost of Show Diameter) $30,000 $25,000 $20,0013 $15,00(~ 3 inch 2,910 2,580 _1_, 8_ 00 1,62C 4 inch 826 732 552 438 5 inch 570 486 360! 30C ~ inch 460 387 268 24C TOTAL AERIAL 4,765 4,18~ 2,9813 2,588 SHELLS Each proposal includes blank reports and flash effects for the opening and grand finale for each display. To give an example of what shell size means in terms of vertical lift and display, a fireworks shell will travel approximately 150 feet per inch, so a 3 inch diameter shell will travel approximately 450 feet vertically before it ignites. The larger shells provide significantly greater sound and visual effects, as they will attain the necessary altitude to accommodate larger barrages. Attachments RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING CO., INC. FOR THE PROVISION OF FIREWORKS DISPLAYS AS SET FORTH IN RFP 01-8-29-2; 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 the attached Agreement between the City of Aventura and Zambelli International Fireworks Manufacturing Co., Inc. for the provision of fireworks displays as set forth in RFP 01-8- 29-2. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section3. This Resolution shall become effective immediately upon its adoption. 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 , who Resolution No. 2001-__ Page 2 PASSED AND ADOPTED this 4th day of September, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENT BETWEEN CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MFG. CO., INC. FOR FIREWORKS DISPLAYS THIS AGREEMENT is entered into this __ day of September, 2001 between the City of Aventura, a Florida municipal corporation, (CITY), and Zambelli International Fireworks Mfg. Co., Inc., (CONTRACTOR). WHEREAS, the CITY desires to retain the professional services of CONTRACTOR to provide fireworks displays; and WHEREAS, CONTRACTOR desires to provide fireworks displays to the CITY and its residents. NOW, THEREFORE the Parties agree as follows: ARTICLE I SCOPE OF SERVICES The CONTRACTOR agrees to: 1.1 Transport, prepare, store, fire, maintain, and dispose of all fireworks and other explosive devices, materials and supplies related to providing fireworks displays in a professional, careful and responsible manner with due regard for the safety of the general public and employees, in accordance with all applicable state, county, and local laws, rules, regulations, and procedures. 1.2 Be solely responsible, at CONTRACTOR's sole expense, for obtaining all permits for explosives, supplies, and any other equipment associated with providing fireworks displays as contained in CONTRACTOR'S proposal responding to CITY's RFP # 01-8-29-2. 1.3 Be solely responsible for securing the services of and compensating assistants or other personnel, as may be required, to adequately and safely plan and operate the fireworks display. All personnel and employees utilized by the CONTRACTOR for providing fireworks displays shall be subject to the approval of Community Services Director, to which the Community Services Director may specifically request specific personnel. CONTRACTOR shall not reasonably refuse such requests. ARTICLE 2 COMPENSATION 2.1 The CONTRACTOR shall be compensated in accordance with the appropriate display as selected by the City, as contained in Exhibit "A', attached hereto according to the general purchasing procedures established by the CITY. ARTICLE 3 TERMS OF AGREEMENT The term of this Agreement shall be from September 4, 2001 through September 4, 2004, with an option at the City's sole discretion to renew this Agreement for additional three-year terms. ARTICLE 4 TERMINATION OF AGREEMENT This Agreement may be terminated upon ten (10) days written notice from the CITY at City's sole discretion. In the event of termination by the CITY, the CONTRACTOR shall not be entitled to any compensation other than that earned prior to and during the notice period. ARTICLE 5 INDEPENDENT CONTRACTOR CONTRACTOR, its employees and agents shall be deemed independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits generally afforded City employees; further, CONTRACTOR, its employees and agents shall not be deemed entitled to the CITY'S worker's compensation, insurance benefits or similar laws. ARTICLE 6 INDEMNIFICATION CLAUSE CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from and against any and all claims, suits, damages, liabilities or causes of action arising during the term of this Agreement, arising out of, related to, or in any way connected with the performance or non-performance of any provision of this Agreement required of the CONTRACTOR, including personal injury, loss of life or damage to property and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and lawsuits incurred in and about the defense of any such claim and investigation thereof. However, nothing shall be deemed to indemnify CITY for any liability or claim arising out of the negligent performance or failure of performance of CITY. 2 7.1 7.2 8.1 8.2 8.3 8.4 8.5 ARTICLE 7 INSURANCE CONTRACTOR shall provide, pay for, and maintain in rome at all times during the period of this Agreement, a Comprehensive General Liability Insurance Policy as contained in Exhibit "B", attached hereto. The CITY and other property owners as determined by the City, shall be named as an additional insured on all insurance policies the CONTRACTOR is required to provide. ARTICLE 8 MISCELLANEOUS CONTRACTOR shall, without additional expense to CITY, be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, county and municipal laws, ordinances and regulations in connection with the performance of the services specified herein. CONTRACTOR shall take proper safety and health precautions, including the employment of needed assistance, to protect participants, the CITY, the public and property of others. CONTRACTOR shall be responsible for all services performed until completion of this Agreement. CONTRACTOR shall meet with the Community Services Director or designee, and shall attend all meetings as required. No modification, amendment or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. This Agreement is non transferable or assignable, and CONTRACTOR agrees not to transfer or assign the performance of services called for in the Agreement. This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements and representations made or dated prior to this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date above: CITY OF AVENTURA Al-rEST: By: Eric M. Soroka City Manager Teresa M. Somka, CMC City Clerk APPROVED AS TO FORM City Attorney CONTRACTOR By: Marcia Ann Zambelli Vice President of Marketing Zambelli International Fireworks Mfg. Co., Inc 4 INTERNATI[3 NALE EXHIBIT "A" CITY OF AVENTURA AVENTURA, FLORIDA SYNOPSIS $30,000.00 AUGUST 23, 2001 RFP# 01-8-29-2 FIREWORKS DISPLAY DESCRIPTION QUANTITY OPENING: Three Inch Shells 380 Four Inch Shells 66 Five Inch Shells 25 Six Inch Shells 20 BODY OF PROGRAM: Three Inch Shells 850 Four Inch Shells 630 Five Inch Shells 445 Six Inch Shells 360 GRAND FINALE SHELLS: Three Inch Shells 1680 Four Inch Shells 130 Five Inch Shells 100 Six Inch Shells 80 Suggested Duration: - 33 - 35 Minutes ZAMBELLI E W O R K S INTERNATID NALE EXHIBIT "A"" CITY OF AVENTURA AyENTURA, FLORIDA SYNOPSIS $25,000.00 AUGUST 23, 2001 RFP# 01-8-29-2 FIREWORKS DISPLAY DESCRIPTION QUANTITY OPENING: Three Inch Shells 300 Four Inch Shells 54 Five Inch Shells 15 Six Inch Shells 12 BODY OF PROGRAM: Three Inch Shells 720 Four Inch Shells 570 Five Inch Shells 396 Six Inch Shells 315 GRAND FINALE SHELLS: Three Inch Shells 1560 Four Inch Shells 108 Five Inch Shells 75 Sic Inch Shells 60 Suggested Duration: 28 - 30 Minutes ZAMRELLI R EW O R K S INTERNATI[3 NALE EXHIBIT "A" CITY OF AVENTURA AVENTURA, FLORIDA SYNOPSIS AUGUST 23, 2001 RFP#01-8-29-2 FIREWORKS DISPLAY DESCRIPTION QUANTITY OPENING: Three Inch Shells 200 Four Inch Shells 48 Five Inch Shells 10 Six Inch Shells 08 BODY OF PROGRAM: Three Inch Shells 520 Four Inch Shells 420 Five Inch Shells 300 Six Inch Shells 220 GRAND FINALE SHEI J-S: Three Inch She~s 1080 Four Inch She~s 84 Five Inch She~s 50 Six Inch Shells 40 Suggested Duration: 23 - 25 Minutes ZAMBELL! EWE] R K S INTERNATIE] NALE EXHIBIT "A" CITY OF AVENTURA AVENTURA, FLORIDA SYNOPSIS AUGUST 23, 2001 RFP# 01-8-29-2 FIREWORKS DISPLAY DESCRIPTION QUANTITY OPENING: Three Inch She~s 200 Four Inch SheBs 36 Five Inch She~s 10 Six Inch SheBs 08 BODY OF PROGRAM: Three Inch She~s 420 Four Inch Shells 330 Five Inch Shegs 240 Six lnchShegs 192 GRAND FINALE SHEI.I.S: Three Inch SheHs 1000 Four Inch She~s 72 Five Inch She~s 50 Six Inch She~s 40 Suggested Duration: 18 - 20 Minutes N. Baker &Co. <ryland Avenue ~ox 66871 ds, MO 63166-6871 tmbe]li Fireworks Manufacturing ~oany, Inc. .O. Box 1463 ~w Castle, PA 16103-1463 ~)'~I'I:Y~I~t'[~'CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURERA: North]and Insurance Company INSURERS: American Alternative [ns. Corp. ~NSURERC: Agricultural Tnsurance Company INSURER D: INSURER E: ClES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO'~NITHSTANDING UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W1TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR TAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ,. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POUCY NUMBER DATE IMM~DD/Y~*) DATE IMM/DO/YY) LIMITS ~L UAmLrrY KA010029 02/01/2001 02/01/2002 ~CH OCCURRENCE S 1,000,00( ~)MMERCIAL GENERAL LIABILI~rY FIRE DAMAGE IA,qy one fire) $ 100 i 000 pEeSO~ & ~OV ~mURY $ 1,000,000 GENERAl. AGGREGATE S 3 p 0001000 AGGREGATE LtldlT APPLIES PEPc PRODUCTS - COMP~)P AGO $ 1 ~ 000 f O0(] SS UABILI/Y )l-A2-UM-O000460 02/01/2001 02/01/2002 E~CH OCCURRENCE $ 5 ! 000, O0~J ~ CLAIMS MADE AGGREGATE $ 5,000,00(~ .DYERS' MABILITY E.L ~ACR ACCIDENT $ E,L. DISEASE. POLICY LIMIT $ es-:Rs Liability EXC5G29748 02/02/2001 02/01/2002 $5,000,000 Excess Liability over $5,000,000 Primary tCATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: __ SPECII~N CERTIFICATE ) 25-s (7197) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO T~E LEFT, ; EUT~A~L__~U~R: :%:%: C%:;OA~Tiy: :Tfi~ERNEOp R%%UE~i~A1 ;L(~: LIABILITY - Pyrotechnica P.O. Box 149 New Castle, PA 16103 MAILING LIST FOR BID #01-8-29-2 (Fireworks Displays) Zambelli International Inc. Attn: Marcy Zambelli 299 N.W. 52 Terrace Suite 118 Boca Raton, FL 33487 Phantom Fireworks P.O. Box 66 Columbiana, OH 44408 Dynamic Effects P.O. Box 934199 Margate, FL 33093 Fireworks By Grucci One Grucci Lane Brookhaven, NY 11719 Add Fire P.O. Box 530673 Miami Shores, FL 33153 Neptune Fireworks Co. 768 E. Dania Beach Blvd. Dania, FL 33004 Absolute Firepower Attn: Gary Avins P.O. Box 4085 Princeton, FL 33032 Fireworks by Santone & Sons P.O. Box 364 Brunnell, FL 32110 CITY OF AVENTURA BID TABULATION FIREWORKS DISPLAYS RFP NO. 01-8-29-2 BID OPENING AT 2:00 PM ON AUGUST 29, 2001 Z_ambelli Fireworks Iht', Addendum 1-4 Displays in Type of Principals Acknowledged Stated $ Org. Listed N/A Yes Corp. Yes List of Letters of 5 Copies of Certificate of Clients Rec. Bid Insurance Examples of 20 Displays Yes Yes Yes Yes Yes =ireworks By Grucci, Inc. Addendum 1-4 Acknowledged Displays in Stated $ N/A No List of Letters of Clients Rec. Type of Org. Corp. 5 Copies of Bid Principals Listed Yes Certificate of Insurance Examples of 20 Displays Yes Yes No No Yes CITY OF AVENTURA REQUEST FOR PROPOSALS 01-8-29-2 c 'tJ, oj' FIREWORKS DISPLAYS PROPOSAL SUBMITTAL DATE: August 29, 2001 2:00 P.M. REQUESTFORPROPOSALS RFP#01-8-29-2 CITY OF AVENTURA FIREWORKS DISPLAYS The City of Aventura is requesting proposals from qualified firms to provide fireworks displays in the City of Aventura. Interested firms should pick up the Request for Proposals package at the following location: Finance Support Services Department City of Aventura 19200 West Country Club Drive Aventura, FL 33180 Submittals must be received no later than 2:00 p.m. on August 29, 2001 and clearly marked on the outside "RFP # 01-8-29-2 Fireworks Displays". Late submittals will not be accepted. Pursuant to subsection (t) "Cone of Silence," of Section 2-11.1 "Conflict of Interest and Code of Ethics Ordinance" of Miami-Dade County, public notice is hereby given that a "Cone of Silence" is imposed concerning this City's competitive purchasing process, which generally prohibits communications concerning the RFP, RFQ or Bid until such time as the City Manager makes a written recommendation to the City Commission concerning the competitive purchase transaction. Please see the det.ailed specification for the public solicitation for goods or services for a statement fully disclosing the requirements of the "Cone of Silence." roka ~// City Manager Request For Proposals SUBJECT: OPENING DATE & TIME: SUBMIT TO: RFP NUMBER: Fireworks Displays August 29, 2001 @ 2:00 P.M. Office of the City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 01-8-29-2 INTENT The City of Aventura, Florida is inviting the submission of proposals from qualified firms to provide fireworks displays for the City of Aventura. BACKGROUND The City of Aventura plans to incorporate fireworks displays into its special events programming, including but not limited to July 4th activities for a three year period, with a renewable option at the City's sole discretion. The City desires to engage the services of a qualified fireworks display firm to set up, shoot, remove, and restore shooting sites on public and/or private property in a safe and professional manner, complying will all federal, state, county, and local laws and regulations. SERVICES SOUGHT The purpose of this request for proposal is to establish the most effective and efficient methods of providing fireworks displays for the City. The proposal shall include the following information at a minimum. Qualifications of firm and pyrotechnicians, including but not limited to: firm's history; number of years in business; quantity of annual fireworks displays; insurance rating; safety record; local availability of key personnel; demonstrated ability to cooperate with local fire and police agencies; comply with all applicable laws and regulations; safely transport, set up, shoot; and dispose of all explosive materials. Provide all necessary licenses and permits relating to transporting explosive materials and devices, and provide safe transportation conforming to all applicable laws and regulations governing the transport of explosive materials and devices. The City of Aventura recognizes and acknowledges the fact that due to the creative nature of fireworks displays, evaluations of all proposals will not be based solely on quantity and price. All of the factors contained herein and in each proposal will be taken into consideration and evaluated. The successful firm will be required to meet with any involved City department upon request by the City Manager and will be available to resolve any related issues that arise during the normal course providing the requested services. The successful firm will be expected to coordinate and communicate effectively with designated City personnel. The successful firm will be asked to enter into a three y~ar agreement with the City, agreeing to hold its prices firm for the entire agreement period, with an option at the City's sole discretion to renew the agreement for additional three year terms. CONTENT OFPROPOSAL Please submitthefollowinginformation, with responses numbered acco~ingly, on 8.5"x 11"shee~: 1. Name, address and telephone number of your firm. Type of organization (i.e., individual, partnership, corporation, joint venture, etc.), year established, and address of home office if different than above. 3. Principals of the firm. 4. Person in charge of the proposed project. Name, function, and qualifications of personnel in the organization who will be involved in this project. Please note, to receive further consideration, the contact person assigned to this project must, within the past five years, have conducted or been solely responsible for providing fireworks displays in a similar environment. Provide examples of at least twenty (20) fireworks displays that the firm has worked on in the last three years. Identify those agencies and provide contact name and information of the individual at the respective agency who was responsible for project coordination. Provide a complete detailed arrayal (including approximate duration of each display) of aerial shells to be included for fireworks displays in the amount of $15,000, $20,000, $25,000, and $30,000. Specialty shells, domestic and imported shells, methods of shooting, detonation methods, storage methods, mortar construction, number of employees required, and all other relative information should be included. General, workers compensation, automobile, and professional liability insurance company name and extent of coverage. 9. A complete list of present clients and at least five (5) letters of recommendation. 10. Any other information you feel is appropriate to assist in the selection process. 11. Respondents must submit five (5) copies of the proposal, one of which shall be unbound. 12. Submittals shall be received no later than 2:00 P.M. on August 29, 2001 and clearly marked on the outside "RFP # 01-8-29-2 Fireworks Displays Proposal." EVALUATION OF PROPOSALS A Review Committee consisting of the City Manager, Community Services Director, Finance Support Services Director, and Police Chief will evaluate written proposals. Evaluation will include the following criteria: Qualification and experience of personnel who will be directly involved in all elements of the work. Firm size, age, and organizational structure. Firm's experience with projects that are similar to the requests of this RFP. Safety record. Innovative ideas as evidenced by the arrayal submittal. Comparative value of fireworks displays in relationship to cost, content, variety, and duration of display. 2. The highest ranked proposals will be identified and those firms will be requested to make a formal presentation before the selection commit[ee. The selected firms will then be ranked according to the content of their presentations. The City Manager will then recommend that the City Commission adopt a resolution authorizing the City Manager to enter into an agreement with the highest-ranking firm to provide fireworks displays for the City of Aventura. QUESTIONS Questions concerning this Request For Proposal should be directed in writing to: Eric M. Soroka, City Manager City of Aventura 19200 West Country Club Drive Aventura, FL 33180 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. The City Commission shall make final determination and award of proposal(s). All materials submitted in response to the Request For Proposals 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 RFP, whether amended or not, and selection or rejection of the Proposal 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 the proposing firm. Notwithstanding any other provision of these specifications, the provisions of Section 2- 11.1 "Conflict of Interest and Code of Ethics Ordinance," as set forth in subsection (t) "Cone of Silence," of the Miami-Dade County Code is applicable to this purchase transaction. The "Cone of Silence" prohibits the following activities: 1. Any communication regarding this RFP, RFQ or Bid between a potential vendor, service provider, bidder, lobbyist, or consultant and the City's professional staff including, but not limited to, the City Manager, and his or her staff; and 2. Any communication regarding this RFP, RFQ or Bid between the Mayor, City Commissioners or their respective staffs and any member of the City's professional staff including, but not limited to, the City Manager and his or her staff. These prohibitions do not apply to communications with the City Attorney and his or her staff. Further, the "Cone of Silence" shall not be applicable to duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes his or her written recommendation. The "Cone of Silence" is imposed upon this RFP, RFQ or Bid after the advertisement of said RFP, RFQ or Bid. The "Cone of Silence" shall terminate at the time that the City Manager makes his or her written recommendation to the City Commission, unless the Commission refers the Manager's recommendation back to the Manager or staff for further review. The "Cone of Silence" shall not apply to: 1. Oral communications at pre-bid conferences; 2. Oral presentations before selection committees; 3. Contract negotiations during any duly noticed public meeting; 4. Public presentations made to the City Commission during any duly noticed public meeting; 5. Communications made in writin.q at any time to a City employee, official or member of the City Commission, unless specifically prohibited by the RFP, RFQ or Bid documents. The bidder or proposer shall file a copy of any such written communication with the City Clerk. The City Clerk shall make copies available to any person upon request. Please contact the City Attorney for any questions concerning "Cone of Silence" compliance. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission /~/~/ Eric M. Soroka, Cit~g~ Direc~ ~ruegnuds: ~i'l;~'0 ~ °~ ~e ' ° pme nt Proposed Amendment to Sign Code Amortization Period for Monument signs located in residential districts and Residential wall signs September 4, 2001 Local Planning Agency Agenda Item Ist Reading September 4, 2001 City Commission Meeting Agenda Item 2"d Reading October 2, 2001 City Commission Meeting Agenda Item Attached please find the proposed amendment to the Land Development Regulations to provide for the following as discussed at the July 19, 2001 workshop meeting: Provides for an amortization period to allow Monument signs located in residential districts and Residential wall signs to remain until October 2, 2004, if registered; and 2. Provides for a ninety (90) day registration period. Please feel free to contact me with any questions you may have, /staff reports/Rev to Amort residential signs code ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING SECTION 31-191(k) "NON-CONFORMING SIGNS"; BY AMENDING SUBSECTION (2) "EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING PARAGRAPH (c) THEREOF, SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON-CONFORMING MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura finds that it is necessary to amend the City's Land Development Regulations in order to provide for the expiration of the exemption of Monument Signs located in Residential Districts and Residential Wall Signs from the amortization and removal requirement otherwise provided; and WHEREAS, the City Commission finds that this amendment of the Land Development Regulations will enhance the unique aesthetic character of the City; and WHEREAS, the City Commission finds that this ordinance is consistent with the Comprehensive Plan of the City. Ordinance No. 2001- Page 2 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~ Section 1.. That the City's Land Development Regulations, as previously enacted by Ordinance 99-09, are hereby amended by amending Chapter 31, Article IX. Sign Regulations at Section 31-191(k) "Non-Conforming Signs", subsection (2) "Exception to Amortization Schedule", by amending thereof to read as follows: by amending paragraph (c) Any of the following non-conforming signs that existed at the time this section became effective (June 3, 1997) may be continued, although it does not conform to all the provisions hereof, provided that no structural or text alterations are made thereto: 1. Monument signs located in residential districts; 2. Residential, hospital and office building wall signs; 3. Flagpoles that existed at the time of the adoption of this section (June 3, 1997). Provided, however; that the exemption from amortization and removal provided by subsection c.2. above shall expire as to office building wall signs on June 7, 2003, so that after such date, non-conforming office building wall signs shall be completely removed from the premises or made to conform by June 7, 2003. Additionally, all non-conforming office building wall signs that are not registered with the City Manager, pursuant to a form that he/she shall provide, within 90 days of the effective date of this amendment to paragraph c. of subsection (2), are prohibited, shall be removed immediately and shall not be entitled to status as lawful non-conforming signs. Provided1 however; that the exemption from amortization and removal provided by subsection c.1. and c.2. above shall expire as to Monument si.qns located in residential districts and Residential wall si.qns on October 2, 2004, so that after such date, non-conformin(i Monument si(Ins located in residential districts and Residential wall si.qns shall be completelv removed from the premises or made to conform by October 2, 2004. Additionally, all non-conformin.q Monument si.qns located in residential districts and Residential wall siqns that are not reqistered with the City Additions to existing text are shown by underline, deletions are shown by ~.tr!~cthrcugh. Ordinance No. 2001- Page 3 Manaqer, pursuant to a form that he/she shall provide, within 90 days of the effective date (October 2, 2001) of this amendment to paragraph c. of subsection (2), are prohibited, shall be removed immediately and shall not be entitled to status as lawful non-conforming signs. This provision will not extend the amortization period previously allowed to office building wall siqns. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. 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 be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first 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 Ordinance No. 2001- Page 4 Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow 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 4th day of September, 2001. PASSED AND ADOPTED on second reading this 2nd day of October, 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 ,2001. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission tv~r Eric M Soroka, Ci Brenda Kelley, Corm nit~velopment Direc~ August 28, 2001 Proposed Amendments to Land Development Regulations to provide for Structure Parking requirements September 4, 2001 Local Planning Agency Agenda Item 1st Reading September 4, 2001 City Commission Meeting Agenda Item 2"d Reading October 2, 2001 City Commission Meeting Agenda Item Attached please find the proposed amendment to the Land Development Regulations to provide for the following as discussed at the July 19, 2001 workshop meeting: 1. Provides for a definition for building envelope. 2. In the B1, Neighborhood Business District - Requires parking structures, if used, to be incorporated into the building envelope and to be compatibly designed. In the B2, Community Business District - · Requires stand alone parking structures (exceeding 2 stories but not more than 6 stories) to be approved as a conditional use. · Revises minimum landscaped open space requirements and total lot coverage depending on the amount of parking incorporated within a parking structure. · Revises the maximum height so that structure parking shall not be counted in computing building height and number of stories. · Revises the setback requirements depending on the number of stories, including any structure parking incorporated within the building envelope. 4. In the B3, Heavy Business District - Requires stand alone parking structures (exceeding 2 stories but not more than 6 stories) to be approved as a conditional use. · Revises minimum landscaped open space requirements and total lot coverage depending on the amount of parking incorporated within a parking structure. · Revises the maximum height so that structure parking shall not be counted in computing building height and number of stories. · Revises the setback requirements depending on the number of stories, including any structure parking incorporated within the building envelope. In the OP, Office Park District - · Requires stand alone parking structures (exceeding 2 stories but not more than 6 stories) to be approved as a conditional use. · Revises minimum landscaped open space requirements and total lot coverage depending on the amount of parking incorporated within a parking structure. · Revises the maximum height so that structure parking shall not be counted in computing building height and number of stories. · Revises the setback requirements depending on the number of stories, including any structure parking incorporated within the building envelope. 6. In the MO, Medical Office District- Requires stand alone parking structures (exceeding 2 stories but not more than 6 stories) to be approved as a conditional use. · Revises minimum landscaped open space requirements and total lot coverage depending on the amount of parking incorporated within a parking structure. · Revises the maximum height so that structure parking shall not be counted in computing building height and number of stories. · Revises the setback requirements depending on the number of stories, including any structure parking incorporated within the building envelope. 7. In the TC1, Town Center District - Requires parking structures, if used, to be incorporated into the building envelope and to be compatibly designed. 8. In the TC2, Town Center Marine District - Requires parking structures, if used, to be incorporated into the building envelope and to be compatibly designed. Please feel free to contact me with any questions you may have. /staff report's/Rev to LDR structure perking 2 ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09; BY AMENDING ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31-21. DEFINITIONS; BY AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31- 144(b), 31-144(c), 31-144(d), 31-144(e), 31-144(f), 31- 145(b), and 31-145(c); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura finds that it is necessary to amend the City's Land Development Regulations in order to provide for a definition of building envelope and to provide for comprehensive structure parking regulations in certain zoning districts within the City; and WHEREAS, the City Commission finds that this amendment of the Land Development Regulations will enhance the unique aesthetic character of the City; and WHEREAS, the City Commission finds that this ordinance is consistent with the Comprehensive Plan of the City. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:1 Section 1. That the City's Land Development Regulations, as previously enacted by Ordinance 99-09, are hereby amended by adding or deleting the respective Additions to existing text are shown by underlinff, deletions are shown by :tr!~cthrcugh. Ordinance No. 2001- Page 2 sections, and/or subsections, and/or paragraphs, as applicable thereof to read as follows: ARTICLE II, DEFINITIONS AND RULES OF CONSTRUCTION Sec. 31-21. Definitions, Building code shall mean the South Florida Building Code, Miami-Dade County edition, as amended. Buildin.q envelope shall mean that area enclosed by a perimeter line formin.q a continuous line enclosinq the primary buildinq and parking structure(s) on the site. Such perimeter line shall not be broken and all buildinqs within the perimeter shall be attached or touchinq so as to form a continuous line. Canal shall mean a body of water having a width of 100 feet or less for linear areas in excess of 200 feet in length and used principally for the conveyance of water. ARTICLE VII. USE REGULATIONS Sec. 31-144. Business Zoning Districts. (b) Neighborhood Business (B1) District... (5) Site Development Standards a. Floor area ratio and lot coverage: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. Structure parking shall not count as part of the floor area, but shall be counted in computing building height and number of stories. The total lot coverage permitted for all buildings on the site shall not exceed 40 percent of the total lot area. If structure parkinq is used, such parkin.q structure shall be incorporated into Ordinance No. 2001- Page 3 the buildinq envelope and shall be compatibly designed. Enclosed or nonenclosed mall areas shall not count as part of the floor area, for floor area ratio computation purposes... (c) Community Business (B2) District... (2) Conditional Use. The following uses if first approved as a conditional use: Automobile parkinq qaraqes, exceedinq 2 stories but not over six stories in heiqht, as a stand-alone use. (5) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaped open --~*= ....... *'-*: ...........For purposes of this paraqraph a., structure parkinq shall not count as part of the floor area,. (1) For all buildinqs: Any structure parking servinq the primary use on the site shall be incorporated into the building envelope and shall be compatibly desiqned. Such parkinq structure shall comply with all minimum setback and buffer yard requirements. (2) For those buildings with 0 - 33% of the required parking located within a parkinq structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 40 percent of the total lot Ordinance No. 2001- Page 4 (3) area. The total minimum Landscaped open space required shall be 33% of the total lot area. For those buildinqs with 33% - 66% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildings on the site shall not exceed 40 percent of the total lot (4) area. The total minimum landscaped open space required shall be 36% of the total lot area. For those buildinqs with 66% - 100% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildings on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall be 39% of the total lot area. b. Maximum height: 20 stories cr 200 fcct. The structure parking shall not be counted in computinq building height and number of stories. That portion of the building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet. c, Minimum lot area and width: There shall be no minimum required width or area of lot except as otherwise provided. d. Setbacks: For purposes of this paragraph d., structure parkinq incorporated within the buildinq envelope shall count toward the number of stories Ordinance No. 2001- Page 5 (1) Those buildinqs whose total number of stories is between 0-10 floors, includin.q any structure parkin.q incorporated within the buildinq envelope, shall have a front yard not less than 25 feet in depth. Every plot shall have a street side yard of not less than 20 feet in depth. There is no side yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 20 feet is required when adjacent to a residentially zoned district1 street or alley. (2) Those buildinqs whose total number of stories is between 11-20 floors, includin.q any structure parkinq incorporated within the buildinq envelope1 shall have a front yard not less than 35 feet in depth. Every plot shall have a street side yard of not less than 35 feet in depth. There is no side yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 35 feet is required when adiacent to a residentially zoned district, street or alley. (3) Those buildinqs whose total number of stories exceeds 20 floors, includinq any structure parkinq incorporated within the buildinq envelope, shall have a front yard not less than 45 feet in depth. Every plot shall have a street side yard of not less than 45 feet in depth. There is no side yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 45 feet is required when adjacent to a residentially zoned district, street or alley. (d) Heavy Business (B3) District ... Ordinance No. 2001- Page 6 (2) Conditional Use. The following uses if first approved as a conditional use: e. Automobile parking garages, exceedinq 2 stories but not over six stories in heiqht, as a stand-alone use. (6) Site Development Standards a. Floor area ratio and lot coverage and minimum landscaped open space requirements: TI~, 2.,`4 o,,~, ,,,, ~ ....... ,4 b:,' O ! ! ~ ..... ~' ~,4,4;*;^""' "~""" Structuro ~,.,.I.-;,~,,. Bh~ll ~,..,* ...-,..~,+ purposes of this paraqraph a., structure parking shall not count as part of the floor area. (1) For all buildings: Any structure parking serving the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly desiqned. Such parkinq structure shall comply with all minimum setback and buffer yard requirements. (2) For those buildinqs with 0 - 33% of the required parkin.q located within a parkinq structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 40 percent of the total lot area. The total (3) minimum landscaped open space required shall be 33% of the total lot area. For those buildinqs with 33% - 66% of the required parking located within a parking structure: The floor area ratio shall be Ordinance No. 2001- Page 7 0,40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildinqs on the site shall not exceed 40 percent of the total lot (4) area. The total minimum landscaped open space required shall be 36% of the total lot area. For those buildinqs with 66% - 100% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one stow and shall be increased by 0,11 for each additional story. The total lot coverage permitted for all buildinqs on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall be 39% of the total lot area. Maximum height: 20 stories er-2-0GJeet. Structure parking shall not be counted in computing buildinq heiqht and number of stories. That portion of the building or structure within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot unless the application of this requirement would limit the building height to a minimum of 25 feet. Minimum lot area and width: There shall be no minimum required width or area of lot except as otherwise provided. Setbacks: Evcry ~"^~ ~.h..,, ~. ..... ~.,...~ .... .~ ...., ,..~.o ~,~ ,~ ~,...+ ;. ~""'..~.~. ,..:" '~'"~'"'..v~...,. For purposes of this paraqraph d.: structure parkinq incorporated within the buildinq envelope shall count toward the number of stories. (1) Those buildinqs whose total number of stories is between 0-10 floors, includin.q any structure parkinq incorporated within the buildinq envelope: shall have a front yard not less than 25 feet in depth. Every plot shall have a street side yard of not less Ordinance No. 2001- Page 8 (2) (3) than 20 feet in depth. There is no side yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 20 feet is required when adjacent to a residentially zoned district, street or alley. Those buildinqs whose total number of stories is between 11-20 floors, includinq any structure parking incorporated within the buildinq envelope, shall have a front yard not less than 35 feet in depth. Every plot shall have a street side yard of not less than 35 feet in depth. There is no side yard setback required for a plot which is not adjacent to a street or alley. A side and rear yard setback of 35 feet is required when adjacent to a residentially zoned district, street or alley. Those buildings whose total number of stories exceeds 20 floors, including any structure parkin.q incorporated within the buildinq envelope, shall have a front yard not less than 45 feet in depth. Every plot shall have a street side yard of not less than 45 feet in depth. There is no side yard setback required for a plot which is not adiacent to a street or alley. A side and rear yard setback of 45 feet is required when adjacent to a residentially zoned district, street or alley. (e) Office Park (OP) District ... (1) Uses permitted... f. Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses Ordinance No. 2001- Page 9 shall have no outside advertising. Are=s devoted tc str,--'cturc (2) Conditional Use. The following uses if first approved as a conditional use: Automobile parkin.q qara.qes, exceedinq 2 stories but not over six stories in heiqht, as a stand-alone use. (4) Site Development Standards a. Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories, or !20 foot, whichcvcr is ieee. Structure parking shall not count as part of the building heiqht. this paraqraph c., structure parking shall not count as part of the floor area. (1) For all buildings: Any structure parking serving the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly desiqned. Such parkinq structure shall comply with all minimum setback and buffer yard requirements. Ordinance No. 2001- Page 10 (2) For those buildinqs with 0 - 33% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildinqs on the site shall not exceed 40 percent of the total lot area. (3) For those buildinqs with 33% - 66% of the required parking located within a parkinq structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 40 percent of the total lot area. (4) For those buildings with 66% - 100% of the required parking located within a parking structure: The floor area ratio shall be 0,40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildinqs on the site shall not exceed 45 percent of the total lot area. Setbacks: E ...... ~,.,, oh~, ~ ..... ~,,-,,* .... ,~ ,,^* ~^,-~- ,h,~. ~n ~cc* ;" __,..~+~,. No parking areas shall be located within 30 feet of any residentially zoned prope~y or within ten feet of any street line. For purposes of this paragraph d., structure parkinq incorporated within the buildinq envelope shall count toward the number of stories. = ...... '~* sh~! ~ .... = ~*'~* ~;~ ..... ~ ~ ~* '~* *~ !5 (1) Those buildings whose total number of stories is between 0-10 floors, including any structure parkinq incorporated within the building envelope, shall have a front yard not less than 50 feet in depth. Eve~ plot shall have a street side yard of not less Ordinance No. 2001- Page 11 than 15 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. Adiacent to any RS districts the setback shall be 30 feet. (2) Those buildings whose total number of stories exceeds 10 floors, including any structure parking incorporated within the building envelope, shall have a front yard not less than 50 feet in depth. Every plot shall have a street side yard of not less than 25 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. Adjacent to any RS districts the setback shall be 35 feet. e. Minimum open space: L_~andscaped open space may include entrance features, passive recreational uses and/or pedestrian walkways. This minimum requirement may also include 50 percent of roof decks and other above-grade surfaces which are provided and maintained for the common benefit of all occupants of the building. Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than 20 percent of the required open space. (1) Those buildings whose total number of stories is between 0-10 floors, including any structure parkinq incorporated within the buildinq envelope, shall have a minimum open space of 22 percent of the net lot area. (2) Those buildinqs whose total number of stories exceeds 10 floors, includinq any structure parkinq incorporated within the buildinq envelope, shall have a minimum open space of 25 percent of the net lot area. (f) Medical Office (MO) District ... (1) Uses permitted... Ordinance No. 2001- Page 12 Uses generally accessory to the above principal uses. Accessory uses are those uses that are associated with the principal use(s) and which provide service primarily to employees and patrons of the office park. The accumulative total of all accessory uses shall be limited to a maximum of 15 percent of the total gross interior square footage of the buildings proposed for the site. Such uses shall have no outside advertising. ...w~^ .... '~...v..,-*""~ *c. °*"'"'~.. . ....... , ~'~"'"' ~'~"~" "'"'~ ~'~' ~'"""'~'"'~ ;"' ~.~C ~1-,~, ..... I,.,, ,l~;^,.,~. (2) Conditional Use. The following uses if first approved as a conditional use: g. Automobile parking garages, exceeding 2 stories but not over six stories in heiqht, as a stand-alone use. (4) Site Development Standards a. Minimum lot area and width: The minimum frontage requirements shall be 100 feet, with a minimum lot area of 1.5 acres including right-of-way dedications. b. Maximum height: No building or structure, or part thereof shall be erected to a height exceeding ten stories cr !20 !ccc unless otherwise specified in this section. Structure parkinq shall not count as part of the buildinq heiqht. c. Setbacks: Evc,"~' "~"* "~'"" ~' ..... ~"-'"* .... ,~ ,,,-,, ,,..,. ,~.~,, ~r~ ~,.,., - .~,.,,.,'~'-'-*~-,. No parking areas shall be located within 30 feet of any residentially zoned property or within ten feet of any street line. For purposes of this paragraph c., structure parking incorporated within the buildinq envelope shall count toward the number of stories. Ordinance No. 2001- Page 13 (1) Those buildin,qs whose total number of stories is between 0-10 floors, including any structure parking incorporated within the buildin.q envelope, shall have a front yard not less than 50 feet in depth. Every plot shall have a street side yard of not less than 20 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 25 feet. (2) Those buildinqs whose total number of stories is between 11-20 floors, includinq any structure parkinq incorporated within the building envelope, shall have a front yard not less than 50 feet in depth. Every plot shall have a street side yard of not less than 30 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 30 feet. (3) Those buildinqs whose total number of stories exceeds 20 floors1 includinq any structure parking incorporated within the buildin,q envelope, shall have a front yard not less than 65 feet in depth. Every plot shall have a street side yard of not less than 45 feet in depth. Every plot upon which a structure is hereafter erected shall have a minimum rear yard of 45 feet. Floor area ratio and lot coverage and minimum landscaped open space requirements: Thc ti ......... +;~, e,k,-~ll k,-~ n ~n at .... +~"' ..... ~ ]~ ...... t of fk~ t~t~l I~t .... For purposes of this paraqraph e., structure parkinq shall not count as pad of the floor area. Ordinance No. 2001- Page 14 (1) (2) For all buildinqs: Any structure parking serving the primary use on the site shall be incorporated into the building envelope and shall be compatibly designed. Such parkinq structure shall comply with all minimum setback and buffer yard requirements. For those buildinqs with 0 - 33% of the required parkin.q located within a parkinq structure: The floor area ratio shall be 0.40 at one stow and shall be increased by 0.11 for each additional stow. The total lot coverage permitted for all buildinqs on the site shall not exceed 40 percent of the total lot area. The total (3) minimum landscaped open space required shall be 33% of the total lot area, For those buildinqs with 33% - 66% of the required parking located within a parking structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coverage permitted for all buildinqs on the site shall not exceed 40 percent of the total lot (4) area. The total minimum landscaped open space required shall be 36% of the total lot area. For those buildings with 66% - 100% of the required parkinq located within a parkinq structure: The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story. The total lot coveraqe permitted for all buildinqs on the site shall not exceed 45 percent of the total lot area. The total minimum landscaped open space required shall be 39% of the total lot area. Sec. 31-145. Town Center Zoning Districts... (b) Town Center (TC1) District... Ordinance No. 2001- Page 15 (3) Conditional uses permitted. The following uses may be established if first approved as a conditional use: d. Uses that exceed the height limitations, includin.q parkin.q structures. (5) Site development standards. e. Maximum height: Four stories or 50 feet, including parking structures. (9) Performance standards. a. Any structure parkinq servinq the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. (c) Town Center Marine District (TC2)... (4) Conditional uses permitted. The following uses may be established if first approved as a conditional use: n. Uses that exceed the height limitations, includinq parkinq structures. (7) Site development standards. e. Maximum height: Four stories or 50 feet, includin.q parkinq structures. (11) Performance standards. Ordinance No. 2001- Page 16 Any structure parking servin.q the primary use on the site shall be incorporated into the buildinq envelope and shall be compatibly designed. Such parking structure shall comply with all minimum setback and buffer yard requirements. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. 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 be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Ordinance No. 2001- Page 17 The foregoing Ordinance was offered by Commissioner , who moved its adoption on first 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 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 4th day of September, 2001. Ordinance No. 2001- Page 18 PASSED AND ADOPTED on second reading this 2® day of October, 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 ., 2001. CITY CLERK CITY OF AVENTURA TO: FROM: DATE: SUBJECT: OFFICE OF THE CITY MANAGER MEMORANDUM City Commission Eric M. Soroka, City/~,a~! August 28, 2001 Ordinance Amending Code of Ethics to Provide for Disclosure of Business Relationships and Gifts First Reading August 7, 2001 City Commission Meeting Agenda Item 7-A Second Reading September 4, 2001 City Commission Meeting Agenda Item 8-A Per discussion at the August Workshop Meeting, attached is an ordinance for your consideration amending the City Code to provide for disclosure of business relationships and gifts by members of the City Commission and City Advisory Boards with applicants, applicant's representatives and interested persons appearing before the City Commission or City Advisory Boards. Should you have any questions, please do not hesitate to contact me. EMS/tms attachment ORDINANCE NO. 2001-__ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING SECTION 2-395 "DISCLOSURE OF BUSINESS RELATIONSHIPS AND GIFTS," TO PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS AND GIFTS BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY BOARDS WITH OR FROM APPLICANTS, APPLICANT'S REPRESENTATIVES AND INTERESTED PERSONS APPEARING BEFORE THE CITY COMMISSION OR CITY ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted comprehensive ethical standards which apply to all public officers and employees, at Part III of Chapter 112, Florida Statutes; and WHEREAS, Section 2-11.1 of the Miami-Dade County Code, as adopted by City Code Section 2-392(2), generally provides certain additional ethical standards; and WHEREAS, Section 112.326, Florida Statutes, explicitly allows more stringent, non-conflicting regulation of ethics by municipalities; and WHEREAS, the City Commission desires to adopt and apply additional disclosure requirements, supplementing the existing provisions of Article VII of Chapter 2 of the City Code, as described herein, so as to protect the public's interest. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and adopted. Ordinance No. 2001-__ Page 2 Section 2. City Code Amended. That the City Code of the City of Aventura, Florida is hereby amended by amending Chapter 2 "Administration," by amending Article VII "Code of Ethics" by creating Section 2-395 "Disclosure of Business Relationships and Gifts" to read as follows: Section 2-395. Disclosure of Business Relationships and Gifts. 1. Definitions. Applicant. As used herein, the term "Applicant" means any individual or entity requesting action of the City Commission or a City Advisory Board upon an application and all persons or entities representing such individual or entity (including, but not limited to, all attorneys, amhitects, landscape architects, engineers and lobbyists) (the "Representatives"), and any individual who holds directly or indirectly, a five (5%) percent or more ownership interest in the total assets or capital stock of such Applicant entity. Business Relationship. As used herein the term "Business Relationship" means that a member of the City Commission or a City Advisory Board has a Business Relationship with a person or an entity if any of the following exist: (i) the member of the City Commission or City Advisory Board holds an ownership interest, directly or indirectly, in excess of 1% of the total assets or capital stock of the Applicant, Representative or Interested Person entity; or (ii) the member of the City Commission or City Advisory Board is a partner, co-shareholder (as to the shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant, Representative or Interested Person in any business venture; (iii) the Applicant, Representative or Interested Person is a Client of the member of the City Commission or City Advisory Board, or a Client of another professional working from the same office or for the same employer as the member of the City Commission or City Advisory Board; (iv)the member of the City Commission or City Advisory Board is a Client of the Applicant, Representative or Interested Person; Ordinance No, 2001-__ Page 3 (v) the Applicant, Representative or Interested Person is a Customer of the member of the City Commission or City Advisory Board (or of his/her employer) and transacts more than $10,000 of the business of the member of the City Commission or City Advisory Board (or of his/her employer) in a given calendar year; or (vi)the member of the City Commission or City Advisory Board is a Customer of the Applicant, Representative or Interested Person and transacts mom than $25,000.00 of the business of the Applicant, Representative or Interested Person in a given calendar year. (c) Client. As used herein the term "Client" means a person or entity who obtains the services of another for compensation. Customer. As used herein the term "Customer" means a person or entity who purchases or leases materials, equipment or property from another. Gift. As used herein, the term "Gift" means any Gift required to be reported by quarterly disclosure pursuant to Section 112.3148, Fla. Stat. or Section 2-11 .l(e) of the Miami-Dade County Code. Interested Person. As used herein, the term "Interested Person" means any person who speaks for or against any resolution or ordinance before the City Commission or for or against any matter before any City Advisory Board and who has a direct financial interest in the action (including, but not limited to, vendors, bidders and proposers), except that owner occupied residential property owners shall not be deemed to have a direct financial interest in land use decisions that may affect the value of their property, and accordingly shall not be within the definition of the term "Interested Person," as used herein. 2. Application of Definitions. (a) Notwithstanding the provisions of subsection l(b) (i- vi) above, a Business Relationship shall not be construed to exist hereunder by virtue of the circumstance that a member of the City Commission or City Advisory Board executed or authorized a contract with an Applicant, Representative or Interested Person solely in such City Commission or City Advisory Board member's capacity as an officer or director of a homeowner association, condominium association, cooperative association or master association. Ordinance No. 2001-__ Page 4 (b) For the purpose of applying the twenty-four month period restriction provided in subsection 3(a) below, a Business Relationship commences pursuant to subsection l(b)(iii-vi) (Client/Customer) above, when materials, equipment, property or services are ordered, sought, contracted for or obtained. (c) For the purpose of applying the twenty-four month period restriction provided in subsection 3(a) below, a Business Relationship ends pursuant to subsection l(b)(iii-vi) (Client/Customer) above: (i) once the sale of materials, equipment or property is completed and no payment remains due; or (ii) once the lease of materials, equipment or property expires or is terminated and no payment remains due; or (iii) once the provision of services is fully performed and no payment for services remains due. 3. Restrictions. (a) Except as prohibited by law or regulatory standards, each member of the City Commission or any City Advisory Board shall disclose the existence of any Business Relationship of which he/she is aware that he/she has, or has had within the prior twenty-four month period, with any Applicant, Representative or Interested Person, at the time that the Applicant, Representative or Interested Person appears before the City Commission or City Advisory Board on which the member sits. (b) Except as prohibited by law or regulatory standards, if a member of the City Commission or any City Advisory Board learns, at any time after an action is taken by the City Commission or the City Advisory Board on which the member sits, that he/she had a Business Relationship with any Applicant, Representative or Interested Person who appeared before the City Commission or the City Advisory Board, he/she shall within ten (10) days of so learning, disclose any such Business Relationship in writing to the City Clerk that was not disclosed at the initial meeting. (c) Except as prohibited by law or regulatory standards, if a member of the City Commission or any City Advisory Board establishes a Business Relationship with any Applicant, Representative or Interested Person within twelve months after the Applicant, Representative or Interested Person appears before the City Commission or the City Advisory Board on which the member sits, the member of the City Commission or the City Advisory Board shall disclose any such Business Relationship in writing to the City Clerk within 15 days after the Business Relationship is established. 4 Ordinance No. 2001-__ Page 5 (d) Section 286.012, Florida Statutes, prohibits a member of the City Commission or any City Advisory Board from abstaining from voting unless there is, or appears to be, a possible conflict of interest under Sections 112.311, 112.313, and 112.3143, Florida Statutes. Accordingly, in any situation where a member of the City Commission or a City Advisory Board discloses a Business Relationship under this Section, the member may abstain from voting, since such disclosure shall qualify as constituting the appearance of a possible conflict of interest. This paragraph shall not be construed to make abstention discretionary under situations in which abstention or non-participation is mandated by Section 112.3143, Fla. Stat., Section 2-11.1(d) of the Miami-Dade County Code as adopted by City Code Section 2-392(2), or (as to Advisory Board members) as provided by City Code Section 2-393. (e) Members of the City Commission or City Advisory Boards shall disclose Gifts from Applicants, Representatives and Interested Persons in the same manner as provided for the disclosure of Business Relationships under Section 3(a)-(c) above. (f) If any member of the City Commission or City Advisory Board believes that another member of the same body has willfully failed to make a disclosure required under this Section, he/she may submit evidence supporting the alleged failure to disclose to the City Manager who shall place the item on the next available City Commission Agenda. The allegation and supporting evidence shall be presented by the member of the City Commission or City Advisory Board who raised the issue for consideration by the City Commission. The member of the City Commission or City Advisory Board against whom the allegation is made may present evidence refuting the allegations. If four (4) or more members of the City Commission determine that an accused City Commissioner has willfully failed to make a required disclosure, the accused City Commissioner shall be deemed to be censured. If four (4) or more members of the City Commission determine that an accused member of a City Advisory Board has willfully failed to make a required disclosure, the accused Advisory Board Member shall be removed from the Advisory Board. 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. Ordinance No. 2001-__ Page 6 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 word "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 Vice Mayor Cohen, who moved its adoption on first reading. The motion was seconded by Commissioner Beskin 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 yes yes yes 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 AND ADOPTED on first reading this 7~h day of August, 2001. 6 Ordinance No. 2001-_ Page 7 PASSED AND ADOPTED on second reading this 4th day of September, 2001. A'I-FEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 7 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission Eric M. Soroka, ~/~t~ Ordinance Amending Land Development Regulations Providing Procedures for Disclosure of Applicant Representatives and Business Relationships First Reading August 7, 2001 City Commission Meeting Agenda Item 7-B Second Reading September 4, 2001 City Commission Meeting Agenda Item Per discussion at the July Workshop Meeting, attached is an ordinance for your consideration amending the Land Development Regulations Development Review Procedures to provide requirements that applications contain affidavits of the Applicant including an Applicant Representative Affidavit and a Business Relationship Affidavit for disclosure of representatives and business relationships. Should you have any questions, please do not hesitate to contact me. EMS/tms attachment ORDINANCE NO. 2001- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V "DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS," TO PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN AFFIDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT REPRESENTATIVE AFFIDAVIT" AND A "BUSINESS RELATIONSHIP AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTATIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Aventura desires to enact certain requirements for public disclosure of applicant representatives and of business relationships between an applicant for a development permit and a member of the City Commission or any City Advisory Board; and WHEREAS, the City Commission has determined that applicants are in the best position to determine and disclose whether any business relationships exist. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and adopted. Section 2. Code Amended. That the City Code of the City of Aventura, Florida is hereby amended by amending Chapter 31 "Land Development Regulations," at Article V "Development Review Procedures," at Section 31-71 "Procedures of General Applicability," by amending paragraph (b) "Application Requirements," to read as follows:~ Additions to existing text are indicated by underline. Ordinance No. 2001-__ Page 2 ARTICLE V. DEVELOPMENT REVIEW PROCEDURES. Section 31-71. Procedures of General Applicability. (b) Application requirements. (1) Every application for development permit shall be in a form specified by the Community Development Department and shall be accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form or by the Community Development Director. (2) The Application form shall include each of the following additional items: (i) Applicant Representative Affidavit. Each individual or entity applying for a development permit must submit, with the Application, an "Applicant Representative Affidavit". The affidavit must be on a form provided by the City and be signed by an authorized representative of the individual or entity applyinq for the development permit, and the owner of the property subject to the application (if different), whose signatures must be notarized. The form for the affidavit shall be prepared and distributed by the Community Development Director or his or her desiqnee, and shall identify all persons representinq the individual or entity applying for the development permit in connection with the application1 including, but not limited to, all attorneys, architects1 landscape architects, enqineers and lobbyists (the "Representatives"). Any statement or representation made by any person listed on the Applicant Representative Affidavit shall be bindinq upon the individual or entity applying for the development permit and the owner of the subiect property. (i~) Business Relationship Affidavit. Each individual or entity applying for a development permit, the owner of the property subiect to the application, and each individual or entity appearing on the Applicant Representative Affidavit (includinq Representatives) must submit, with the application, a "Business Relationship Affidavit." The affidavit must be on a form provided bv the City and be signed by an authorized representative of the individual or entity submittinq the affidavit1 whose signature 2 Ordinance No. 2001-__ Page 3 must be notarized. The form for the affidavit shall be prepared and distributed by the Community Development Director or his or her desiqnee, and shall require the individual or entity providin.q the affidavit to disclose whether it has any Business Relationships with any member of the City Commission or any City Advisory Board to which the application will be presented, and, if so, disclose the identity of the City Commission or City Advisory Board member with which the individual or entity submitting the affidavit has a Business Relationship and the nature of the Business Relationship. Definition. The term "Business Relationship," as used herein, is defined in Section 2-395 of the City Code. (iv) Duty to Supplement Affidavits. If, at any time prior to City Advisory Board or City Commission consideration of an application for a development permit, the information contained in any Applicant Representative Affidavit or Business Relationship Affidavit becomes incorrect or incomplete, the person or entity submitting the affidavit must supplement the affidavit and, if the supplementation requires the submission of additional Applicant Representative Affidavits or Business Relationship Affidavits, ensure that such affidavits are also filed with the City. If any supplementary affidavits are submitted less than seven (7) days before the application is scheduled for consideration by the City Commission or any City Advisory Board, the application may be withdrawn by the Community Development Director or his or her designee, and placed on a subsequent agenda. 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 word "Ordinance" shall be changed to "Section" or other appropriate word. Ordinance No. 2001-__ Page 4 Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Commissioner Beskin, 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 absent from the room yes yes yes yes 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 AND ADOPTED on first reading this 7~ day of August, 2001. PASSED AND ADOPTED on second reading this 4th day of September, 2001. ATTEST: JEFFREY M. PERLOW, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 4 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Ho[idays Miami, Mi&mi-Dade Count,/, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Hohdays) newspaper, puolishea at Miami in IvlJami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC NOTICE OF PROPOSED ORD. SUPERSEDES NOTICE PUBLISHED ON AUG. 10, 2001 in the XXXX Court, was published in said newspaper in the issues of 08/22/2001 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Miami-Dada 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-Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebp. te, commission or refund for the purpose ct securing thiy~dvertisem...,e..~rr'f"6r'~bhcation in the said and subs e me this 001 OITY OF AVENTURA PUBMO NOTICE OF I~OPOSED OflDINANCES (SUI'tmBBDES NOTICE IqJBUmlED Off NOTICE IS HERESY GIVEN tt~t on Tuesday, the 4th day of Septem- ber, 200t at a meeting of the City Commission of the C~ty of Ave,~tura, to be h~ld at 6:00 p.m, In the Com~n!eskm Chamber ~t AV~enture G~vem- rnent ~Ceflt~e~r~ 1 ~.e~t Country Club [:Mvb~ AventUra~ FI0ftda, the City second reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA FLORIDA. AMENDING THE CITY CODE BY AMENDING CHAPTER 2 · ADMINISTRATION' BY AMENDING ARTICLE Vlt 'CODE OF ETHICS" BY CREATING SECTION 2-395 'DISCLOSURE OF BUSINESS RELATIONSHIPS AND GIFTS." TO PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS AND GIFTS BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY BOARDS WITH OR FROM APPECANTS. APPLI- CANT'S REPRESENTATIVES AND INTERESTED PERSONS APPEARING BEFORE THE CiTY COMMISSION OR CITY AD- VISORY BOARDS; PROVIDING FOR SEVERABIUTY; PRO- VIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFEC- TIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA. AMENDING THE CITY CODE BY AMENDING CHAPTER 31 'LAND DEVELOPMENT REGULATIONS.' BY AMENDING AR- TICLE V 'DEVELOPMENT REVIEW PROCEDURES,' BY AMENDING SECTION 31-71 'PROCEDURES OF GENERAL APPLICABIMTY.' BY AMENDING PARAGRAPH (B) · APPLICATION REQUIREMENTS.' TO PROVIDE REQUIRE- MENT THAT APPUCATIONS CONTAIN AFFIDAVITS OF THE APPLICANT INCLUDING AN 'APPLICANT REPRESENTA- TIVE AFFIDAVIT' AND A 'BUSINESS RELATIONSHIP AFFI- DAVIT.' PROVIDING FOR DISCLOSURE OF REPRESENTA- TIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR EFFECTP./E DATE ........ The proposed OrdinancesTnay beiaspectad byLhe public a!.t_he Office of the City Clerk. 19200 West Country Club Drive. Aventura, Florida. In- terested parties may appear at the Public Headng and be heam with re- spect to the pmpceed Ordinances. Any person wishing to address the City Commission on any item at this Public Heating may do so after the Mayor opens the public hearing. In accordance with the Americans with Dissb!lities Act of 1990, all per- sons who are disabled and who need special accbmmodatlons to partici. pate in this proceeding because of that disability should contact the Office of the City Clerk. 305-466-8901, not tater then 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 headng, that person will need a record of the prcceedings and. for such purpose, may need to,ensure that a verbatim record of the proceedings is made= which re~rd thcfudes the testimofly and evidence upon which the appeal is to be based. Teresa M. Somka, CMC City Clerk 8/22 01-4-75/191245M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dada County, Florida STATE OF FLORIDA COUNTY OF MIAMI-bADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that she is the ViCE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC NOTICE OF PROPOSED ORDINANCES - SEPT. 4, 2001 in the XXXX Court, was published in said newspaper in the issues of 08/10/2001 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-Dada 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-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any di.sco~nt, rebate, commission or refund for the purpose of seCurin~ this advertisement for publication in the said n to and subsoiled before me this (SEAL) SOOKIE WILLIAMS p~ N~OTA OFFICIAL NOTARY SEAL "~ ]ANE'I~ LLERENA RY pUBLIC STATE OF FLORIDA/ CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED OR~. NANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 4th day of Septem- ber. 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 Govern- ment Center 19200 west Country Club Drive, Aventura, FIodda, the City Commission will consider the adoption of the following Ordinances on second reading, entitled; AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 ~ADMINISTRATION" BY AMENDING ARTICLE VII 'CODE OF ETHICS' BY CREATING SECTION 2-395 'DISCLOSURE OF BUSINESS RELATIONSHIPS,' TO PROVIDE FOR THE DIS- CLOSURE OF BUSINESS RELATIONSHIPS BY MEMBERS OF THE CiTY CO~MISSION A,.,N~;,'CITY ADVISORY BOARDS WITH APPUCANTS. APPHCANT SREPRESENTATIVES AND INTERESTED PERSONS APPEARfNG BEFORE THE CITY COMMISSION OR CITY ADVISORY BOARDS PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA. =LORIDA. AMENDING THE CITY CODE BY AMENDING CHAPTER 31 'LAND OEVELOPMEN? REGULATIONS,' BY AMENDING AR- TICLE V 'DEVELOPMENT REVIEW PROCEDURES.' BY .~MENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABIMTY.' BY AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS,' TO PROVIDE REQUIRE- MENT THAT APPLICATIONS CONTAIN AFFtDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT REPRESENTA- -IVE AFFIDAVIT' AND A "BUSINESS RELATIONSHIP AFFI- DAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTA- TIVES AND BUSINESS RELATIONSHIPS: PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Office of the City Cie. Cf,. 19200 West Coun~bOr'~cAg'~-n~, F-:~odda; In- terested pert es may appear at the Public Hearing and be heard with re- spect toAhe proposed,Ordinances. Any person wishing to address the Cit~ Commis~sion on any item at this Public Hearing may da so after the Mayor opens the public hearing. I~" accordance with the Americans with Disabilities Act of 1990. all der- sons who are disabled and who need sdecial ascomrnodabons to partici- patein 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 Commas- sion with respect to any matter considered at a meeting or hearing, treat person will need a record of the proceedings and, for such Durdese, may need to ensure that a verbatim record of the proceedings is made, which record inc~les the testimony and evidence upon which the appeal is to Teresa M. Soroka. CMC City Cler~ 8/10 01-4-76/187863M : rmmiel Nuevo Herald www. herald.com www. elherald.com Published Daily MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aven~tra was published in said newspaper in the issue of: ./~f///~/ /./r~r-~j~ / ~c3/~// /~/1/~.z~¢7~.// .~o~9/ Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. FRANK TOMASINO Sworn to and subscribed before me This ,// day of _~~ff~ A.D. 2001 16855 N.E. 2nd Avenue, North Miami Beach, FL 33162 registration rolls. The ballot be counted. CITY OF AVENTURA NOTICE OF HEARING OF LOCAL PLANNING AGENCY AND NOTICE OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice is nereDy g~ven that the Aventura City Commission, sitting a.s the City of Aventura Local Planning Agency will meet in a oublic hearing qn Tuesday, September 4. 2001 at 6:00 Dm to consider adoDtion of the following Ordinances: AN ORDINANCE OFTHE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS. ENACTED BY ORDINANCE 99-09; B,Y, AMENDING SECTION 31-191(k) !'NON- CONFORMING SIGNS ; BY AMENDING SUBSECTION (2) "EXCEPTION TO AMORTIZATION SCHEDULE"; BY AMENDING PARAGRAPH (c) THEREOF. SO AS TO PROVIDE FOR THE EXPIRATION OF THE EXEMPTION OF THE MONUMENT SIGNS LOCATED INTHE RESIDENTIAL DISTRICTS AND RESIDENTIALWALL SIGNS FROM THE AMORTIZATION AND REMOVAL REQUIREMENT, INSTEAD OF ALLOWING NON-CONFORMING MONUMENT SIGNS LOCATED IN RESIDENTIAL DISTRICTS AND RESIDENTIAL WALL SIGNS WHICH EXISTED ON JUNE 3, 1997, TO CONTINUE TO RELY UPON SUCH EXEMPTION: PROVIDING FOR SEVERABIMTY; PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA. AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE 99-09: BY AMENDING ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 31o21. DEFINITIONS: BY AMENDING ARTICLE VII. USE REGULATIONS SO AS TO PROVIDE FOR COMPREHENSIVE STRUCTURE PARKING REGULATIONS BY AMENDING SECTIONS 31-144(b), 31-144(c), 31-144(d), 31-144(e), 31- 144(f) 31-145(b), and 31-145(c); PROVIDING FOR SEVERABIMTY; PROVIDING FOR INCLUSION IN THE CODE: PROV D NG FOR EFFECTIVE DATE. Immediately following me Local Planning Agency meetng,*the City Commission,cf the Ci~ of Aventura, as the governing body, wil/consider at: a 3ublic hearin¢ adopbon of the above described Ordinances. I'he above described =ubfic Hearings will be held commenc ng at 6:00 pm on Tuesday, September 4, 2001, at the City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida, 33180. The proposed Ordinances may be inspected by the public at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested part es may appear at the Public Hearing and be heard with respect to the oror~osed Ordinances. ':~ n accordance wth the Americans with Disabilities Act of 199¢ all persons who are disabled and who need special accommodations to participate in ~is proceeding because of that disability should contact the Office of the ~,ity Clerk, (305) 466-8901. no later than two business days prior to such 3roceedings, If a person decides to appem any aecision mede by the City Commission, as Local Planning Agency or as the governing body, with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a v~rbafim record of the proceedings s made, which record includes the testimony and evidence upon which the appeal is to be based. ' Teresa M. Soroka, GMG, City G e~