10-02-2007
City Commission
Susan Gottlieb, Mayor
A~e City of
~ventura
City ManaJrCr
Eric M. Soroka, lCMA-CM
Zev Auerbach
Bob Diamondl
Billy Joel
Teri Holzberg
Michad Stern
Luz Urbiiez Weinberg
City Oerk
Teresa M. Soroka, MMC
City Atto.mev
Weiss Serota Helfman
Pastoriza Cole & Boniske
AGENDA
OCTOBER 2, 2007 following6p.m.LPAmeeting
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE E
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENT A TIONS:
Employee Service Awards
5. ELECTION OF VICE MAYOR
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.
A. APPROV AL OF MINUTES:
September 10, 2007 Commission Meeting - 1 st Budget Hearing
September 11, 2007 Commission Meeting
September 19,2007 Commission Meeting - 2nd Budget Hearing
September 20,2007 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AWARDING AND LETTING A
TOWING CONTRACT TO SEA Y TOWING, INC. AND A BACK
UP TOWING CONTRACT TO MIDTOWN TOWING OF MIAMI,
INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
Octoba' 2, 2007 Cmnniuim Meeting
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN LIBRARY INTERLOCAL AGREEMENT, IN
SUBSTANTIALLY THE FORM AS ATTACHED HERETO, BY
AND BETWEEN THE CITY OF AVENTURA AND MIAMI-
DADE COUNTY; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR THE BILLING OF STORMW A TER CHARGES BY AND
BETWEEN THE CITY OF A VENTURA AND MIAMI-DADE
COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
F. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO.
2007-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE
2007/2008 FISCAL YEAR BY REVISING THE 2007/2008 FISCAL
YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED
IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING
FOR AN EFFECTIVE DATE.
7. ZONING HEARINGS: None.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are
quasi-judicial in nature, If you wish to object or comment upon any of these items, please inform the Mayor when she
requests public comments, An opportunity for persons to speak on each item will be made available after the applicant and
staff have made their presentations on each item, All testimony, including public testimony and evidence, will be made under
oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination, If you refuse either
to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted
to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf
Persons representing organizations must present evidence of their authority to speak for the organization, Further details of
the quasi-judicial procedures may be obtained from the Clerk,
2
Octoba' 2, 2007 Cmnniuim Meeting
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY OF A VENTURA COMPREHENSIVE PLAN BY
ADDING AN 'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4
OF OBJECTIVE 2 OF THE CAPITAL IMPROVEMENT ELEMENT TO
ADD LEVEL OF SERVICE STANDARDS FOR PUBLIC SCHOOLS
AND FOR THE CITY OF EXCELLENCE SCHOOL; BY ADDING A
NEW POLICY 4.18 OF OBJECTIVE 4 OF THE CAPITAL
IMPROVEMENT ELEMENT TO ADOPT BY REFERENCE THE
MIAMI DADE COUNTY PUBLIC SCHOOLS FACILITIES
WORKPLAN; BY RENUMBERING POLICY 4.18 OF OBJECTIVE 4 OF
THE CAPITAL IMPROVEMENT ELEMENT AND AMENDING THIS
POLICY TO ADOPT BY REFERENCE THE CITY OF AVENTURA
2007/08-2011/12 CAPITAL IMPROVEMENT PLAN; BY AMENDING
AND ADDING PUBLIC SCHOOL FACILITIES TO THE
CONCURRENCY MANAGEMENT SECTION OF THE CAPITAL
IMPROVEMENT ELEMENT; BY ADDING A NEW POLICY 1.21 TO
OBJECTIVE 1 OF THE INTERGOVERNMENTAL COORDINATION
ELEMENT TO COORDINATE THE ESTABLISHMENT OF LEVEL OF
SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO
RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE
OF THE INTERGOVERNMENT AL COORDINATION ELEMENT TO
POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER
CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING
FOR AN EFFECTIVE DATE.
9. ORDINANCES: SECOND READING - PUBLIC HEARING
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 31
"LAND DEVELOPMENT REGULATIONS", AT ARTICLE XI
"DEVELOPMENT STANDARDS OF GENERAL
APPLICABILITY", BY CREATING SECTION 31-242 "PUBLIC
SAFETY RADIO SYSTEM PROTECTION"; TO PROTECT
RADIO COMMUNICATIONS FOR PUBLIC SAFETY IN THE
CITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 48
"VEHICLES AND USE OF THE RIGHT OF WAY", BY
3
Octoba' 2, 2007 Cmnniuion Meeting
CREATING ARTICLE III, " DANGEROUS INTERSECTION
SAFETY", PROVIDING FOR RECORDED IMAGE
MONITORING AND ENFORCEMENT OF RED LIGHT
INFRACTIONS, AND FOR RELATED PROCEDURES AND
PROVISIONS; AMENDING CHAPTER 2 "ADMINISTRATION",
ARTICLE V "CODE ENFORCEMENT", SECTION 2-348
"SCHEDULE OF CIVIL PENALTIES"; TO FACILITATE USE
OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS
INTERSECTION SAFETY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
10. RESOLUTIONS - PUBLIC HEARING: None.
11. REPORTS
12. PUBLIC COMMENTS
13. OTHER BUSINESS: None.
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
OCTOBER 18, 2007
9 A.M.
COMMISSION MEETING
NOVEMBER 6, 2007
6 P.M.
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 ofthe City Clerk, City of Aventura Government Center, 19200 W, Country Club
Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
4
The Qty of
AVentura
-
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 10, 2007 6 P.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners lev Auerbach, Bob Diamond,
Billy Joel, Teri Holzberg, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor
Gottlieb, 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: Led by Mr. and Mrs. Jack William and Mr. and Mrs.
Marks.
3. PUBLIC HEARINGS: ORDINANCES: FIRST READING/PUBLIC INPUT -
2007/2008 BUDGET
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 9.00% BELOW THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2007 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Holzberg. Mayor Gottlieb opened the public hearing. The
following individuals addressed the Commission: Mr. and Mrs. Jack William,
Mystic Point and Ms. Annette Marks, Mystic Point. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 19, 2007, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 2007/2008 FISCAL YEAR,
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Stern and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote.
Mayor Gottlieb announced that the second budget public hearing is scheduled for
September 19, 2007 at 6 p.m.
4. 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 6:12 p.m.
Teresa M. Soroka, MMC, 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.
2
A~
-
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 11, 2007 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb. Present were Commissioners lev Auerbach, Bob Diamond, Teri Holzberg,
Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, 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: Led by Pete Cuccaro. Rev. Will Keyser led the
observance in remembrance of the terrorist attacks on September 11, 2001.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Ten-year Certificates of Service were presented to
employees Charles Carlantone and Karyn Brinson. Proclamations were presented by
Mayor Gottlieb to Principals of the schools that service the students living in the City of
Aventura and to Regional II Superintendent Enid Weisman.
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Weinberg, seconded by Commissioner Joel, unanimously passed and
the following action was taken:
A. The following minutes were approved:
July 10, 2007 Commission Meeting
July 19, 2007 Commission Meeting
July 19, 2007 Workshop Meeting
B. The following motion was approved:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $56,500
FOR 10 BALLISTIC PANELS, DFY-IT PROGRAM, LOCKING VEHICLE
MOUNTS EQUIPMENT AND WEAPONS FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
C. Resolution No. 2007-35 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR
PROFESSIONAL/MANAGEMENT SERVICES FOR THE COMMUNITY
RECREATION CENTER BETWEEN THE CITY OF AVENTURA AND
SEVERN TRENT MANAGEMENT SERVICES INC. AS SET FORTH IN
RFP 07-5-04-2; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
D. Resolution No. 2007-36 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
E. The following motion was approved:
MOTION TO APPROVE REQUEST OF HI LIFT MARINA LLC FOR
EXTENSION OF APPROVALS GRANTED THROUGH RESOLUTION
NO. 2006-57 FOR AN ADDITIONAL SIX MONTH PERIOD FROM
SEPTEMBER 12, 2007 TO MARCH 12, 2008.
F. Resolution No. 2007-37 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL
BANK OF AMERICA BANK ACCOUNTS AS SET FORTH ON CERTAIN
BANK FORMS; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
G. The following motion was approved:
MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE
FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2007 AND TO
ACCEPT FOR FILING THAT LETTER DATED AUGUST 28, 2007
ATTACHED HERETO AS ATTACHMENT 1."
6. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were
disclosed and filed with the City Clerk in accordance with City Code Section 34. All
witnesses giving testimony in these hearings were sworn in by City Clerk Teresa M.
Soroka.
2
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A SYNAGOGUE, YESHIVA
AND LIBRARY IN THE COMMUNITY BUSINESS (B2) DISTRICT FOR
PROPERTY LOCATED AT 2956 AVENTURA BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and
seconded by Vice Mayor Stern. Planning Director Joanne Carr addressed
the Commission and entered the staff report into the record. Mayor
Gottlieb opened the public hearing. The following individuals addressed
the Commission: David Lazarus, Esq., Fromberg Perlow & Kornick, and
Netsah Israel, representing the applicant; Bob Burroughs, and Rev. Will
Keyser. There being no further speakers, the public hearing was closed.
The motion for approval passed unanimously and Resolution No. 2007-
38 was adopted.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE
FROM SECTION 31-171 (b)(1) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW TWO (2) ENCLOSED PARKING SPACES
AND ONE (1) UNENCLOSED PARKING SPACE FOR EACH OF THE
TWO UNIT B SINGLE FAMILY RESIDENCES WITHIN THE "VILLAS AT
AVENTURA" DEVELOPMENT, WHERE A MINIMUM OF ONE (1)
ENCLOSED PARKING SPACE AND TWO (2) UNENCLOSED PARKING
SPACES FOR EACH UNIT ARE REQUIRED BY CODE; FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 34
AVENUE AND NORTH COUNTRY CLUB DRIVE; CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and
seconded by Commissioner Auerbach. Planning Director Joanne Carr
addressed the Commission and entered the staff report into the record.
Mayor Gottlieb opened the public hearing. The following individuals
addressed the Commission: Brian Adler, Esq., Bilzin Sumberg, and Lyn
Savitz, 3375 N. Country Club Drive. There being no further speakers, the
public hearing was closed. The motion for approval passed unanimously
and Resolution No. 2007-39 was adopted.
3
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 31 "LAND
DEVELOPMENT REGULATIONS", AT ARTICLE XI "DEVELOPMENT
STANDARDS OF GENERAL APPLICABILITY", BY CREATING
SECTION 31-242 "PUBLIC SAFETY RADIO SYSTEM PROTECTION";
TO PROTECT RADIO COMMUNICATIONS FOR PUBLIC SAFETY IN
THE CITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg and
seconded by Commissioner Auerbach. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote.
B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING
THE CITY CODE BY AMENDING CHAPTER 48 "VEHICLES AND USE
OF THE RIGHT OF WAY", BY CREATING ARTICLE III, " DANGEROUS
INTERSECTION SAFETY", PROVIDING FOR RECORDED IMAGE
MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS,
AND FOR RELATED PROCEDURES AND PROVISIONS; AMENDING
CHAPTER 2 "ADMINISTRATION", ARTICLE V "CODE
ENFORCEMENT", SECTION 2-348 "SCHEDULE OF CIVIL
PENALTIES"; TO FACILITATE USE OF CODE ENFORCEMENT
MECHANISM FOR DANGEROUS INTERSECTION SAFETY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Diamond and
seconded by Vice Mayor Stern. Mr. Soroka explained the provisions
contained in the ordinance. Mayor Gottlieb opened the public hearing.
The following individual addressed the Commission: Pete Cuccaro, Public
Safety Consultant - Traffipax. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously by roll
call vote.
8. ORDINANCES: SECOND READING: PUBLIC HEARING: None.
9. RESOLUTIONS - PUBLIC HEARING: None.
4
10. REPORTS: As presented.
11. PUBLIC COMMENTS:
12. OTHER BUSINESS: None.
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 7: 15 p.m.
Teresa M. Soroka, MMC, 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.
5
A'!be Oty ci
nventtlra
ft.
'...."...,"/
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 19, 2007 6 P.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Susan Gottlieb. Present were Commissioners lev Auerbach, Bob Diamond,
Billy Joel, Teri Holzberg, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor
Gottlieb, 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: Led by Arleen Diamond and former Commissioner
Harry Holzberg.
3. PUBLIC HEARINGS: ORDINANCES: SECOND READING
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 9.00% BELOW THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2007 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel and seconded by
Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There
being no speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote and Ordinance No. 2007-12 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 19, 2007, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 2007/2008 FISCAL YEAR,
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR
PROVIDING FOR AN EFFECTIVE DATE.
SEVERABILITY
AND
A motion for approval was offered by Commissioner Holzberg and seconded by
Vice Mayor Stern. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2007-13 was enacted.
4. 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 6:04 p.m.
Teresa M. Soroka, MMC, 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.
2
The Qty of
AVentura
e.
.,.,,';;'
MINUTES
CITY COMMISSION WORKSHOP
MEETING
SEPTEMBER 20, 2007 9 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan
Gottlieb at 9:00 a.m. Present were Commissioners lev Auerbach, Bob Diamond, Teri
Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb,
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.
Mayor Gottlieb requested addition of discussion concerning the National League of
Cities which would be addressed as item 7. Mr. Soroka requested addition of item 8 for
discussion concerning the recently approved contract with Severn Trent.
Agenda items were discussed in the order as follows:
2. PROPOSED LAND SWAP - 21300 BISCA YNE BOULEVARD: (City Manager)
Stanley Price, Esq., representing the owner of two frontage parcels of vacant land at
21440 Biscayne Boulevard, presented a proposal to the City regarding a land swap
of the City-owned land at 21300 Biscayne Boulevard.
CITY MANAGER SUMMARY: Consensus to proceed, with conditions as outlined in
the City Manager's memorandum dated September 6,2007.
1. ANNEXATION OF UNINCORPORATED AREAS WEST OF CITY (City Manager):
Mr. Soroka advised the Commission that the County has contacted the City to
determine if the City would be interested in annexing part or the entire
unincorporated area included in the Northeast MAC. The following individuals were
present to discuss this matter: Ken Friedman, Stanley Price, Scott Jay, Bari
Schiniman and David Promoff, residents of the subject area.
CITY MANAGER SUMMARY: Consensus to update the study previously
completed by the City Manager.
4. ADDITION OF PUBLIC SCHOOL ELEMENT TO CITY OF AVENTURA
COMPREHENSIVE PLAN: (City Manager): Susan Trevarthan, Esq., a member of
the City Attorney's office, addressed the Commission to discuss this matter.
CITY MANAGER SUMMARY: Consensus to proceed with consideration of
appropriate legislation at October meeting.
3. LIBRARY INTERLOCAL AGREEMENT (City Manager): Mr. Soroka discussed the
major components of the proposed agreement.
CITY MANAGER SUMMARY: Consensus to proceed.
5. CITY'S GO GREEN INITIATIVES (City Manager): Mr. Soroka reviewed the
initiatives taken by the City, including the ACES School, to implement the "Go
Green" program.
CITY MANAGER SUMMARY: Consensus to proceed and recommend to residents
implementation of green initiatives in their respective condominiums, homeowner
associations, etc. and provide awards and recognition at Arbor Day Celebration in
conjunction with Beautification Recognition Awards Program.
6. NEWSLETTER - SUPER HOMESTEAD PROPERTY TAX REFORM VOTE -
JANUARY 2008 (Mayor Gottlieb) Mayor Gottlieb recommended that the City
Commission issue a separate newsletter educating residents on this matter.
CITY MANAGER SUMMARY: Consensus to proceed.
7. NATIONAL LEAGUE OF CITIES: (Mayor Gottlieb): Mayor Gottlieb suggested that
the number of Commissioners attending be limited in light of the budget reductions.
CITY MANAGER SUMMARY: Commissioner Weinberg will be the City's
representative and voting delegate at the November 2007 NLC Conference.
8. SEVERN TRENT CONTRACT: (City Manager): Mr. Soroka advised the
Commission that the City was not able to reach agreement with Severn Trent for
final execution of this document by Severn Trent's corporate headquarters, although
it was approved by their local officials at the time of approval by the Commission.
CITY MANAGER SUMMARY: In light of Severn Trent's failure to execute the
contract and in order to continue to provide the services previously contracted for
and provided by Severn Trent, the City Commission concurs with the City Manager
to employ personnel to provide these services as City employees. A budget
amendment to incorporate these changes will be forthcoming.
9. 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 11 a.m.
Teresa M. Soroka, MMC, 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.
2
CITY OF AVENTURA
FINANCE SUPPORT SERVIGES DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, Cit
TO:
City Commission
BY: 1~rian K. Raducci, Finance
DATE: September 19, 2007
SUBJECT: Resolution Authorizing Execution of Towing Agreement and
Backup Towing Agreement
October 2, 2007 City Commission Meeting Agenda Item b. B
RECOMMENDATION
It is recommended that the City Commission authorize the execution of a
"Towing Agreement" with Seay Towing and "Backup Towing Agreement" with
MidTown Towing of Miami, Inc.
BACKGROUND
The award of these two (2) contracts is based on a formal Request for Proposal
(RFP) for Towing, Wrecker and Storage Service, RFP #07-8-29-2. The RFP was
prepared because the existing Towing Agreement with MidTown Towing of
Miami, Inc. will expire on October 31,2007. That contract was originally awarded
for a three (3) year term in 2002 and was renewed for two (2) additional one (1)
year periods pursuant to the prior RFP for towing services.
The RFP was advertised in the Miami Herald on Sunday, August 5, 2007. In
addition, the City utilized Onvia by Demandstar - an online bidder service, to
distribute the RFP to potential firms. Three (3) firms downloaded the RFP packet
via the Internet and two (2) firms attended a non-mandatory pre-bid conference
on Tuesday, August 14, 2007.
The two (2) firms that attended the pre-bid conference submitted proposals and
the respective "Bid Tabulation" is included as Attachment 1. City representatives
from the Police Department and Purchasing Agent inspected both firms' facilities
and equipment and determined them to have met the minimum requirements
established in the RFP.
Since both firms possess the required facilities and equipment and were bound
by the same fee schedule, the franchise fee amount that each firm proposed to
pay the City became the primary criteria for award. Seay Towing, Inc. proposed
the highest yearly franchise fee of $40,000.00 and is therefore recommended as
the City's primary towing contractor. The next highest franchise fee was
proposed by Midtown towing of Miami, Inc. resulting in the recommendation to
have them serve as the City's backup contractor. Each firm's proposed franchise
fee is shown on Attachment 1.
Copies of the RFP, addendums and proposals from all vendors are on file in the
Finance Support Services Department.
RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AWARDING AND
LETTING A TOWING CONTRACT TO SEA Y TOWING,
INC. AND A BACK UP TOWING CONTRACT TO
MIDTOWN TOWING OF MIAMI, INC.; AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has, pursuant to the various laws of the State of
Florida and the code of Aventura, properly solicited and accordingly accepted proposals
from towing, wrecker and storage services pursuant to Request for Proposal (RFP) #07-
8-29-2; and
WHEREAS, sealed proposals were submitted to and received by the City
pursuant to the City's RFP; and
WHEREAS, staff has determined that Seay Towing, Inc., has submitted the most
responsible and responsive bid for said services; and
WHEREAS, Midtown Towing of Miami, Inc., has submitted the second most
responsible and responsive proposal; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said towing contract and backup towing
contract to said most responsible and responsive proposers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. 2007-
Page 2
Section 1. That the Towing Contract for RFP #07-8-29-2 is hereby awarded to
Seay Towing, Inc.
Section 2. That the Backup Towing Contract for RFP #07-8-29-2 is hereby
awarded to Midtown Towing of Miami, Inc.
Section 3. The City Manager is hereby authorized to execute, on behalf of the
City of Aventura, a towing contract and backup towing contract by and between the
parties embodying the terms, conditions, and specifications as set forth in the subject
RFP.
Section 4. 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 contract.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2007-
Page 3
PASSED AND ADOPTED this 2nd day of October, 2007.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
HM~
City Attorney
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CITY OF A VENTURA
ADDENDUM #1
TOWING. WRECKER AND STORAGE SERVICES
RFP # 07-8-29-2
DA TE OF ADDENDUM: Friday, August 24, 2007
TO ALL PROSPECTIVE PROPOSERS:
PLEASE NOTE THE FOLLOWING CHANGES:
The proposal items 3.25 and 3.30 have been revised as follows:
3.25 MINIMUM STANDARDS
ALL CLASS "A" TOW TRUCKS' MUST MEET THE FOLLOWING STANDARDS:
A. MINIMUM MANUFACTURED CAPACITY OF 10,000 GVW.
B. BOOM CAPACITY OF NOT LESS THAN FOUR (4) TONS.
C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN FOUR (4)
TONS
D. MINIMUM OF 100 FT. OF 3/8" STEEL CORE CABLE
E. WHEEL LIFT WITH RETRACTED RATING OF NOT LESS THAN 3,500
LBS AND AN EXTENDED RATIN GOF NOT LESS THANK 2,000 LBS
F. DUAL WHEELS
G. TOW SLING OR TOW BAR WITH A SAFE LIFT RATING OF 3,500 LBS
CLASS "B" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS:
A. MINIMUM MANUF ACTURE CAPACITY OF 20,000 POUNDS GVW FOR A
FLATBED AND 18,000 GVW FOR A WRECKER.
B. BOOM CAPACITY OF NOT LESS THAN 6 TONS.
C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN 4 TONS.
D. MINIMUM OF 200 FT. OF 1/2 INCH STEEL CORE CABLE OR LARGER
E. TOW SLING AND DUEL WHEELS.
F. DOUBLE BOOMS SO CONSTRUCTED AS TO PERMIT SPLITTING
EACH BOOM TO OPERATE INDEPENDENTLY OR JOINTLY. SINGLE
BOOM HYDRAULIC ELEVATED AND EXTENDABLE WITH 360 DEGREES
SWIVEL AT END OF BOOM.
G. TWO SNATCH BLOCKS; 8 TON RATING.
CLASS "C" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS:
A. COMMERCIALLY MANUFACTURED UNIT WITH A RATED CAPACITY
OF NOT LESS THAN 30,000 POUNDS, GVW, INC ACCORDANCE WITH
MANUFACTURER'S ID. PLATE
B. CAB TO BOGEY DIMENSION OF NOT LESS THAN 144 INCHES
C. COMMERCIALL Y MANUFACTURER BOOM(S) WITH A MINIMUM
TOTAL CAPACITY OF 50,000 POUNDS
D. WINCH(ES) WITH A MINIMUM TOTAL WINCHING CAPACITY OF 50,000
POUNDS
E. TWO HUNDRED (200) FEET OF 5/8 INCH STEEL CORE CABLE PER
WINCH
F. UNDER REACH WITH A RETRACTED RATING OF NOT LESS THAN
25,000 POUNDS AND AN EXTENDED RATING OF NOT LESS THAN
12,000 POUNDS
G. REAR SUPPORT JACKS OR OUTRIGGERS
H. TWO (2) Y2 INCH ALLOY SAFETY CHAINS
I. TOW BAR OR TOW-SLING EQUIPPED
J. EXTERNAL AIR HOOPUP AND HOSES TO SUPPLY AIR TO DISABLED
VEHICLES
K. TWO (2) SNATCH BLOCKS, MINIMUM 24,000 POUNDS CAPACITY EACH
L. TWO (2) SCOTCH BLOCKS
M. SPRING BRAKE - AIR LOCK
N. DUAL WHEELS
CLASS "A" OR "B" FLATBED: SHALL BE EQUIVALENT TO CLASS "A" OR '''B'' TOW
TRUCK IN RESPECT TO EQUIPMENT STANDARD NEEDS.
A. GVW OF 11,000 LBS.
B. WINCH POWER 8,000 LBS.
C. DUAL WHEELS
3.30 FINANCIAL ARRANGEMENTS/RA TES:
The contractor shall collect all towing and storage fees in an amount not to exceed that stated
below, from the owner of the vehicle or his authorized representative at the time he makes
application for release of the vehicle at the tow yard or other destination. In the event the owners
do not apply for release of the vehicle within the statutory period, the police department must be
notified prior to any procedure to junk or otherwise dispose of the vehicle.
Whenever impounded vehicles are claimed by the owner, the owner shall be furnished with an
itemized statement of all charges for the impounding of the vehicle. The contractor shall receive
from the vehicle owner a receipt and release for the vehicle and all personal property therein and
the contractor shall retain the receipt for at least one year.
Owner of towed vehicle shall not be charged for any storage fees if owner picks up the vehicle
within 24 hours of being towed.
The City of A ventura shall not be responsible or liable to the contractor for nonpayment of any
towing or storage fees to the contractor by the owner or operator of the vehicle.
The rates shall be as follows and shall remain unchanged during the course of the agreement,
including any extension to same.
ITEMS DESCRIPTION
RATE
A. Storage Rates or Charges (Per 24 hour period after the
First free six hours)
(1) Inside- Interior Storage
(a) Motorcycles or Scooters $ 12.00
(b) Any vehicles less than 20 feet in length 25.00
(c) Any vehicle over 20 feet in length 40.00
(2) Outside-Exterior Storage
(a) Motorcycles or Scooters $ 10.00
(b) Any vehicles less than 20 feet in length 20.00
(c) Any vehicle over 20 feet in length 30.00
(3) Boat and Trailer (Owner's Unit)
(a) Unit under 20 feet in length $ 20.00
(b) Unit 21 feet to 35 feet in length 35.00
(c) Unit over 35 feet in length 45.00
B. TOW RATES, CLASS "A" TOW TRUCKS
1. PASSENGER CARS & SMALL TRUCKS,
FIRST 10 MILES OR FRACTION THEREOF $ 97.00
2.
EACH ADDITIONAL MILE
3.00
C. TOW RATES CLASS "B" TOW TRUCKS
1.
MEDIUM SIZE TRUCKS
FIRST 10 MILES OR FRACTION THEREOF
$ 165.00
2.
EACH ADDITIONAL MILE
3.50
D. TOW RATES CLASS"C" TOW TRUCKS
I . HEA YY DUTY TRUCKS, TRACTORS,
TRAILER DUMPS, CEMENT MIXERS, GARBAGE PACKERS, ETC.
FIRST 10 MILES OR FRACTION THEREOF $ 235.00
2.
EACH ADDITIONAL MILE
4.50
E. EXTRA TIME OR LABOR AFTER FIRST 30 MINUTES AT SCENE
1.
2.
3.
4.
CLASS "A" TOW TRUCKS
CLASS "B" TOW TRUCKS
CLASS "C" TOW TRUCKS
FLA TBED TOW TRUCKS
24.25/HR.
41.25/HR.
58.75/HR.
75.00/HR.
BIDDERS PLEASE NOTE: Should contractor furnish a wrecker in a higher class than the one
required for a particular class of vehicle, the only charges that would be authorized are those for
the proper class of wrecker for the vehicle being towed.
If the contractor chooses to use a flatbed in place of a wrecker, the only charge authorized shall
be that listed for the applicable class of vehicle towed.
G. WINCHING FROM SAND: OVER 50 FEET SHALL BE AT OWNERS REQUEST
OR AT SPECIFIC AUTHORIZATION FROM THE CITY.
1. MOTORCYCLES OR SCOOTERS 25.00 PLUS
50.00/HR/REMOY AL
2. CARS & SMALL TRUCKS 50.00 PLUS
50.00/HR/REMOY AL
3. TRUCKS OYER 3/4 TON 75.00 PLUS
50.00/HR/REMOY AL
4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS 100.00 PLUS
50.00/HR/REMOY AL
H. TURNOVER SURCHARGE:
1. MOTORCYCLES OR SCOOTERS NO CHARGE
2. CARS AND SMALL TRUCKS 25.00 PLUS
50.00/HR/REMOY AL
3. TRUCKS OYER 3/4 TON 50.00 PLUS
50.00/HR/REMOY AL
4. SEMI TRUCKS, BUSES, HOUSE TRAILERS 75.00 PLUS
50.00/HR/REMOY AL
I. REMOVAL FROM WATER:
1. MOTORCYCLES OR SCOOTERS 65.00 PLUS
50.00/HR/REMOY AL
2. CARS AND SMALL TRUCKS 125.00 PLUS
50.00IHR/REMOY AL
3. TRUCKS OYER 3/4 TON 155.00 PLUS
50.00/HR/REMOV AL
4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS 150.00 PLUS
50.00/HR/REMOY AL
J. UNDER WATER RESOURCE RECOVERY : SALVAGE DIVERS
K. UNLOCKING DOORS WITHOUT KEYS
L. TIRE CHANGE
M. ASSISTED START
N. ADMINISTRA TIVE FEES
125.00/HR
25.00
25.00
25.00
30.00
An Administrative Fee shall be charged by towing companies to notify vehicle owner about
towed and stored vehicles. Yehicle owner shall be notified within 24 hours about recovered
vehicle, not including weekends or holidays. The Administrative Fee will cover expenses such
as notification, advertisement, Division of Motor Vehicles Check, Computer Expense, Postage,
Miscellaneous, etc...
O.
DISABLED CALLS:
MINIMUM CHARGE WHEN TOW NOT REQUIRED
END OF ADDENDUM
25.00
CITY OF A VENTURA
ADDENDUM #2
TOWING, WRECKER AND STORAGE SERVICES
RFP # 07-8-29-2
DATE OF ADDENDUM: Monday, August 27, 2007
TO ALL PROSPECTIVE PROPOSERS:
PLEASE NOTE THE FOLLOWING CHANGES:
The proposal items 3.23, 3.25 and 3.30 have been revised as follows:
3.23 REMOVAL OF DEBRIS
The contractor agrees that, upon arrival at an accident scene, the tow truck operator will remove
from the site, any non-hazardous debris, spilled petroleum products, or unless conditions warrant
that the County Fire Department render assistance, as determined by hazardous materials
response team. (Usually more than 10-15 Gallons of material.) All items shall be removed and
disposed of in compliance with FSS, ADA, SHA and RCRA guidelines and amendments thereof.
3.25 MINIMUM STANDARDS
ALL CLASS "A" TOW TRUCKS' MUST MEET THE FOLLOWING STANDARDS:
A. MINIMUM MANUFACTURED CAPACITY OF 10,000 GVW.
B. BOOM CAPACITY OF NOT LESS THAN FOUR (4) TONS.
C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN FOUR (4)
TONS
D. MINIMUM OF 100 FT. OF 3/8" STEEL CORE CABLE
E. WHEEL LIFT WITH RETRACTED RATING OF NOT LESS THAN 3,500
LBS AND AN EXTENDED RATIN GOF NOT LESS THANK 2,000 LBS
F. DUAL WHEELS
G. TOW SLING OR TOW BAR WITH A SAFE LIFT RATING OF 3,500 LBS
CLASS "B" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS:
A. MINIMUM MANUFACTURE CAPACITY OF 20,000 POUNDS GVW FOR A
FLATBED AND 18,000 GVW FOR A WRECKER.
B. BOOM CAPACITY OF NOT LESS THAN 6 TONS.
C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN 4 TONS.
D. MINIMUM OF 200 FT. OF 1/2 INCH STEEL CORE CABLE OR LARGER
E. TOW SLING AND DUEL WHEELS.
COMMERCIALLY MANUFACTURED HYDRALIC BOOM(S) WITH A
MINIMUM TOTAL CAPACITY OF 24,000 POUNDS AND HYDRAULICALLY
OPERA TED WINCH(ES) WITH A MINIMUM TOTAL WINCHING CAPACITY
OF 24,000 POUNDS
G. TWO SNATCH BLOCKS; 8 TON RATING.
CLASS "C" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS:
A. COMMERCIALLY MANUFACTURED UNIT WITH A RATED CAPACITY
OF NOT LESS THAN 30,000 POUNDS, GVW, INC ACCORDANCE WITH
MANUFACTURER'S ID. PLATE
B. CAB TO BOGEY DIMENSION OF NOT LESS THAN 144 INCHES
C. COMMERCIALLY MANUFACTURER BOOM(S) WITH A MINIMUM
TOTAL CAPACITY OF 50,000 POUNDS
D. WINCH(ES) WITH A MINIMUM TOTAL WINCHING CAPACITY OF 50,000
POUNDS
E. TWO HUNDRED (200) FEET OF 5/8 INCH STEEL CORE CABLE PER
WINCH
F. UNDER REACH WITH A RETRACTED RATING OF NOT LESS THAN
25,000 POUNDS AND AN EXTENDED RATING OF NOT LESS THAN
12,000 POUNDS
G. REAR SUPPORT JACKS OR OUTRIGGERS
H. TWO (2) Yz INCH ALLOY SAFETY CHAINS
I. TOW BAR OR TOW-SLING EQUIPPED
J. EXTERNAL AIR HOOPUP AND HOSES TO SUPPLY AIR TO DISABLED
VEHICLES
K. TWO (2) SNATCH BLOCKS, MINIMUM 24,000 POUNDS CAPACITY EACH
L. TWO (2) SCOTCH BLOCKS
M. SPRING BRAKE-AIR BRAKES
N. DUAL WHEELS
CLASS "A" OR "B" FLATBED: SHALL BE EQUIVALENT TO CLASS "A" OR "'B" TOW
TRUCK IN RESPECT TO EQUIPMENT STANDARD NEEDS.
A. GVW OF 11,000 LBS.
B. WINCH POWER 8,000 LBS.
C. DUAL WHEELS
PLEASE NOTE THE FOLLOWING CLARIFICATION:
Section 3.30: Paragraph three (3) replace 24 hours to 6 hours.
3.30 FINANCIAL ARRANGEMENTS/RA TES:
The contractor shall collect all towing and storage fees in an amount not to exceed that stated
below, from the owner of the vehicle or his authorized representative at the time he makes
application for release of the vehicle at the tow yard or other destination. In the event the owners
do not apply for release of the vehicle within the statutory period, the police department must be
notified prior to any procedure to junk or otherwise dispose of the vehicle.
Whenever impounded vehicles are claimed by the owner, the owner shall be furnished with an
itemized statement of all charges for the impounding of the vehicle. The contractor shall receive
from the vehicle owner a receipt and release for the vehicle and all personal property therein and
the contractor shall retain the receipt for at least one year.
Owner of towed vehicle shall not be charged for any storage fees if owner picks up the vehicle
within six (6) hours of being towed.
The City of A ventura shall not be responsible or liable to the contractor for nonpayment of any
towing or storage fees to the contractor by the owner or operator of the vehicle.
The rates shall be as follows and shall remain unchanged during the course ofthe agreement,
including any extension to same.
ITEMS DESCRIPTION
RATE
A. Storage Rates or Charges (Per 24 hour period after the
First free six hours)
(1) Inside-Interior Storage
(a) Motorcycles or Scooters $ 12.00
(b) Any vehicles less than 20 feet in length 25.00
(c) Any vehicle over 20 feet in length 40.00
(2) Outside-Exterior Storage
(a) Motorcycles or Scooters $ 10.00
(b) Any vehicles less than 20 feet in length 20.00
(c) Any vehicle over 20 feet in length 30.00
(3) Boat and Trailer (Owner's Unit)
(a) Unit under 20 feet in length $ 20.00
(b) Unit 21 feet to 35 feet in length 35.00
(c) Unit over 35 feet in length 45.00
B. TOW RATES, CLASS" A" TOW TRUCKS
1. PASSENGER CARS & SMALL TRUCKS,
FIRST 10 MILES OR FRACTION THEREOF $ 97.00
2. EACH ADDITIONAL MILE 3.00
C. TOW RATES CLASS "B" TOW TRUCKS
1.
MEDIUM SIZE TRUCKS
FIRST 1 0 MILES OR FRACTION THEREOF
$ 165.00
2.
EACH ADDITIONAL MILE
3.50
D. TOW RATES CLASS"C" TOW TRUCKS
1 . HEA YY DUTY TRUCKS, TRACTORS,
TRAILER DUMPS, CEMENT MIXERS, GARBAGE PACKERS, ETC.
FIRST 10 MILES OR FRACTION THEREOF $ 235.00
2.
EACH ADDITIONAL MILE
4.50
E. EXTRA TIME OR LABOR AFTER FIRST 30 MINUTES AT SCENE
1.
2.
3.
4.
CLASS "A" TOW TRUCKS
CLASS "B" TOW TRUCKS
CLASS "C" TOW TRUCKS
FLA TBED TOW TRUCKS
24.25/HR.
41.25/HR.
58.75/HR.
75.00/HR.
BIDDERS PLEASE NOTE: Should contractor furnish a wrecker in a higher class than the one
required for a particular class of vehicle, the only charges that would be authorized are those for
the proper class of wrecker for the vehicle being towed.
If the contractor chooses to use a flatbed in place of a wrecker, the only charge authorized shall
be that listed for the applicable class of vehicle towed.
G. WINCHING FROM SAND: OVER 50 FEET SHALL BE AT OWNERS REQUEST
OR AT SPECIFIC AUTHORIZATION FROM THE CITY.
1. MOTORCYCLES OR SCOOTERS 25.00 PLUS
50.00/HR/REMOY AL
2. CARS & SMALL TRUCKS 50.00 PLUS
50.00/HR/REMOY AL
3. TRUCKS OYER 3/4 TON 75.00 PLUS
50.00/HR/REMOY AL
4. SEMI- TRUCKS, BUSES, HOUSE TRAILERS 100.00 PLUS
50.00/HR/REMOY AL
H. TURNOVER SURCHARGE:
1.
MOTORCYCLES OR SCOOTERS
NO CHARGE
2. CARS AND SMALL TRUCKS 25.00 PLUS
50.00/HR/REMOY AL
3. TRUCKS OYER 3/4 TON 50.00 PLUS
50.00/HR/REMOY AL
4. SEMI TRUCKS, BUSES, HOUSE TRAILERS 75.00 PLUS
50.00/HR/REMOY AL
I. REMOVAL FROM WATER:
I. MOTORCYCLES OR SCOOTERS 65.00 PLUS
50.00/HR/REMOY AL
2. CARS AND SMALL TRUCKS 125.00 PLUS
50.00/HR/REMOY AL
3. TRUCKS OYER 3/4 TON 155.00 PLUS
50.00/HR/REMOY AL
4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS 150.00 PLUS
50.00/HR/REMOY AL
J. UNDER WATER RESOURCE RECOVERY : SALVAGE DIVERS
125.00/HR
25.00
25.00
25.00
30.00
K. UNLOCKING DOORS WITHOUT KEYS
L. TIRE CHANGE
M. ASSISTED START
N. ADMINISTRA TIVE FEES
An Administrative Fee shall be charged by towing companies to notify vehicle owner about
towed and stored vehicles. Yehicle owner shall be notified within 24 hours about recovered
vehicle, not including weekends or holidays. The Administrative Fee will cover expenses such
as notification, advertisement, Division of Motor Yehicles Check, Computer Expense, Postage,
Miscellaneous, etc...
O.
DISABLED CALLS:
MINIMUM CHARGE WHEN TOW NOT REQUIRED
25.00
END OF ADDENDUM
CITY OF A VENTURA
REQUEST FOR PROPOSALS
~ '
~
G?J, Of Exce
TOWING, WRECKER AND STORAGE SERVICE
RFP #07-8-29-2
ISSUING DATE: Monday, August 6, 2007
BID OPENING DATE: Wednesday, August 29,2007
BID OPENING TIME - 2:00 P.M.
TABLE OF CONTENTS
CONTENTS:
PAGE #
FORMAL REQUEST FOR PROPOSAL 7
GENERAL INFORMATION 9
DEFINITIONS 10
SECTION 1 REQUEST FOR PROPOSALS 12
1.1 INTENT 12
1.2 CONTRACT PERIOD 12
1.3 PROHIBITIONS RELATING TO OTHER BUSINESS INTERESTS 12
1.4 EVALUATION OF PROPOSALS 12
1.5 PROPOSAL REQUIREMENTS 12
1.6 TIMETABLE FOR REVIEW AND SELECTION 13
1.7 CITY'S RIGHTS 13
1.8 CONE OF SILENCE PROVISION 14
1.9 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS 15
1.10 PUBLIC ENTITY CRIME/DISQUALIFICATION 18
SECTION 2 GENERAL CONDITIONS 19
2.1 PURPOSE OF PROPOSALS 19
2.2 SUBMISSION OF PROPOSALS 19
2.3 GUARANTIES 19
2.4 DELIVERY 19
2.5 TAXES 20
2
TABLE OF CONTENTS (CONTINUED)
CONTENTS PAGE #
2.6 MISTAKES 20
2.7 BRAND NAMES 20
2.8 MATERIAL 20
2.9 PRICING 20
2.10 SAFETY STANDARDS 20
2.11 PAYMENTS 21
2.12 LIABILITY, INSURANCE, LICENSES AND PERMITS 21
2.13 COUNTY LICENSE 21
2.14 COMPLIANCE WITH LAW 21
2.15 ASSIGNMENT 21
2.16 AWARDS OF BIDS 21
2.17 EV ALUA TION OF PROPOSALS 22
2.18 IDENTICAL (TIE PROPOSALS) 22
2.19 PREFERENCE TO LOCAL BUSINESS 22
2.20 HOLD HARMLESS 22
2.21 CANCELLATION 22
2.22 DISPUTES 22
2.23 NONCONFORMANCE TO CONTRACT 23
2.24 DEFAUL T PROVISIONS 23
2.25 I DEMNI FICA TION 23
2.26 SECONDARY/OTHER VENDORS 23
3
TABLE OF CONTENTS (CONTINUED)
CONTENTS PAGE #
SECTION 3 SPECIAL CONDITIONS 24
3.1 SCOPE 24
3.2 INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL 24
3.3 PROHIBITION AGAINST OTHER BUSINESSES 24
3.4 NO CONTINGENT FEE 25
3.5 ATTORNEY'S FEES 25
3.6 ADDENDA, CHANGES OR INTERPRETATIONS DURING
BIDDING 25
3.7 BASIS OF AWARD 25
3.8 BONDS 26
3.9 BID SECURITY FORFEITED, LIQUIDATED DAMAGES 26
3.10 CONTRACT CONTINUITY 26
3.11 COMPLAINTS OR DISPUTES 26
3.12 PERSONNEL 26
3.13 RESPONSE TIME 27
3.14 LICENSING 27
3.15 EQUIPMENT 27
3.16 STORAGE 27
3.17 INSIDE STORAGE 28
3.18 CONTRACTOR'S LIABILITY 28
3.19 REPORTS 29
3.20 INSURANCE 29
4
TABLE OF CONTENTS (CONTINUED)
CONTENTS PAGE #
3.21 CONTRACTOR'S RELATION TO THE CITY 30
3.22 OTHER SERVICES 30
3.23 REMOVAL OF DEBRIS 31
3.24 DISCRIMINATORY PRACTICES 31
3.25 MINIMUM STANDARS 31
3.26 RADIO COMMUNICATIONS 32
3.27 UNDERWATER DIVER 32
3.28 CITY DIVER 32
3.29 MISCELLANEOUS EQUIPMENT 33
3.30 FINANCIAL ARRANGEMENTS/RATES 33
3.31 CITY OWNED VEHICLES 36
3.32 CHANGE OF TIRES 36
PROPOSAL FORM 37
EXCLUSIVE SERVICE AGREEMENT FEE
Attachment "A" 41
NO BID OR PROPOSAL RESPONSE 42
AGENCY REFERENCE LIST
Attachment "B" 43
OTHER REFERENCES
Attachment "B-1" 45
VEHICLE AND EQUIPMENT LIST
Attachment "C" 47
STORAGE COMPOUND INFORMATION
Attachment "D" 48
5
CONTENTS
TABLE OF CONTENTS (CONTINUED)
PAGE #
PROOSER'S QUALIFICATIONS
Attachment "E"
49
PROPOSAL EXCEPTION FORM
Attachment "F"
52
INDEMNIFICATION CLAUSE
Attachment "G"
53
SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a),
FLORIDA STATUTUES, ON PUBLIC ENTITY CRIMES
Attachment "H" 54
BUSINESS ENTITY AFFIDAVIT 56
APPENDIX 1 58
BID BOND 59
APPENDIX 2 61
FORM OF PERFORMANCE BOND 62
6
REQUEST FOR PROPOSALS
RFP # 07 -8-29-2
CITY OF AVENTURA
TOWING, WRECKER AND STORAGE SERVICES
The City of Aventura, Florida, is requesting Sealed Proposals from qualified firms to
provide Towing, Wrecker and Storage services, which will be received at the Office of
the City Manager, City of Aventura, 19200 W. Country Club Drive, Aventura, Florida
33180, at 2:00 p.m. Wednesday, August 29,2007 at which time they will be opened and
read aloud for:
TOWING, WRECKER AND STORAGE SERVICES
RFP # 07-8-29-2
The City of Aventura, Florida is inviting the submission of proposals from qualified firms
for towing, wrecker and storage of vehicles.
Submittals must be received no later than 2:00 p.m. on Wednesday, August 29th, 2007
and clearly marked on the outside of package "RFP #07-8-29-2". Late submittals will not
be accepted.
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
A non-mandatory Pre-Proposal Conference will be held at 10:00 AM (EST) on Tuesday,
August 14th, 2007. The Pre-Proposal Conference will be held in the 5th floor conference
room at The City of Aventura, City Hall.
Interested firms may obtain the Request for Proposals (RFP) package from
www.demandstar.com or www.citvofaventura.com/finance/bids.shtml, on or after Monday,
August 6th, 2007. The RFP package contains detailed information about the Statement of Work,
Proposal submission requirements and selection procedure from this RFP.
Any or all questions should be directed to Indra Sarju, Purchasing Agent at (305) 466-8925 or
via email www.sariui@citvofaventura.com.
Pursuant to City Code Sec. 2-260 (Ordinance 2002-12), 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 from the time of advertisement of the
RFP until the beginning of the City Commission meeting at which the City Manager makes a
written recommendation to the City Commission concerning the competitive purchase
transaction. Please see the detailed specifications for the public solicitation for services for a
statement fully disclosing the requirements of the "Cone of Silence".
7
Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are prohibited
from in any way providing campaign contributions to City commission candidates. Please see
the detailed specifications of this solicitation for further details.
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
new proposals for the required materials or services.
Eric M. Soroka
City Manager
8
RESPONSE TO A FORMAL
REQUEST FOR PROPOSAL
GENERAL INFORMATION
A. SCOPE OF SERVICES:
The City of Aventura, Florida is inviting the submission of proposals from qualified
firms to provide Towing, Wrecker and Storage of vehicle services.
B. PROPOSAL DUE DATES:
Complete proposals are due on Wednesday, August 29th, 2007 at 2:00 p.m.
Proposals must be received in the Office of the City Manager by the date and time
indicated, with opening immediately following at the City of Aventura, 19200 West
County Club Drive, Aventura, FL 33180.
Proposals should be addressed and delivered to:
RFP # 07-8-29-2
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, FI 33180
C. Questions concerning this RFP should be directed to:
Indra Sarju, Purchasing Agent
19200 W. Country Club Drive
Aventura, Florida 33180
(305) 466-8925
D. In order to facilitate review of the proposals, each proposer must submit one original
plus three (3) additional copies of the RFP response on or before the submission
deadline indicated herein.
THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A PROPOSAL TO
THE OFFICE OF THE CITY MANAGER ON OR BEFORE THE STATED DATE
AND TIME OF:
Wednesday, August 29th, 2007 AT 2:00 PM
IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. THE
CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE
9
OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY
OTHER OCCURRENCE. ANY PROPOSAL RECEIVED AFTER THE DATE AND
TIME STATED IN THE SOLICITATION TIMETABLE IN THIS REQUEST FOR
PROPOSALS WILL NOT BE OPENED AND WILL NOT BE CONSIDERED.
TELEGRAPHIC OR FACSIMILE PROPOSALS SHALL NOT BE CONSIDERED.
Hand-carried Proposals may be delivered to the above address during the City's
regular business hours, Mondays through Fridays, excluding holidays observed by
the City, but not beyond the Due Date and Time. Proposers are responsible for
informing any commercial delivery service, if used, of all delivery requirements and
for ensuring that the required information appears on the outer wrapper or
envelope used by such service.
The Proposal must be signed by an authorized officer of the Proposer who is
legally authorized to enter into a contractual relationship in the name of the
Proposer. The submittal of a Proposal by a Proposer will be considered by the
City as constituting an offer by the Proposer to perform the required services,
and/or provide the required goods, at the price stated by the Proposer.
E. ACRONYMS/DEFINITIONS
For the purposes of this Request for Proposal (RFP), the following
acronyms/definitions will be used:
Contract
Shall refer to the Contract that may result from this Request For
Proposals.
Contractor
The organization(s)/individual(s) that is awarded and has an
approved contract with the City for the services identified in this
RFP.
City/Owner
Shall refer to The City of Aventura, Florida or its designated
representative, as applicable
Commission
The term Commission as used throughout this document will
mean the City Commission of City of Aventura, Florida.
Due Date and Time Shall refer to the due date and time listed in the Solicitation
Timetable of this Solicitation.
Evaluation
Committee
An independent committee comprised solely of representatives
of the City established to review proposals submitted in
response to the RFP, score the proposals, and recommend a
Proposer(s).
10
FSS
Florida State Statutes
May
Indicates something that is not mandatory but permissible.
Proposal
Shall refer to any offer(s) submitted in response to this Request
For Proposal
Proposer
Shall refer to anyone submitting a Proposal in response to the
Request for Proposal.
Provider or
Successful
Proposer
Shall refer to the Proposer receiving an award as result of
this Request For Proposal.
Request for Proposal,
RFQ, or Solicitation Shall mean this Request for Proposal including all Exhibits and
Attachment as approved by the City, and amendments or
change orders issued by the City
Work, Services,
Program, Project or
Engagement Shall refer to all maters and things that will be required to be
done by the Successful Proposer in accordance with the Scope
of Work, and the Terms and Conditions of this Solicitation
Shall/Must
Indicates a mandatory requirement. Failure to meet a
mandatory requirement will, if material, result in the rejection of
a proposal as non-responsive.
Should
Indicate something that is recommended but not mandatory. If
the Proposer fails to provide recommended information, the City
may, at its sole option, ask the Proposer to provide the
information or evaluate the proposal without the information.
Failure after demand will result in rejection.
Sub-Contractor &
Sub-Consultant
Shall refer to any person, firm, entity, or organization, other than
the employees of the Successful Proposer, who contract with
the Successful Proposer to furnish labor, or labor and materials,
in connection with the Work or Services to the City, whether
directly or indirectly, on behalf of the Successful Proposer.
11
SECTION 1
REQUEST FOR PROPOSALS
SUBJECT:
Towing, Wrecker and Storage Services
OPENING DATE & TIME:
Wednesday, August 29th, 2007 @ 2:00 P.M
SUBMIT TO:
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RFP NUMBER:
07 -8-29-2
1.1 INTENT
The City of Aventura, Florida is inviting the submission of proposals from qualified firms
to provide the Towing, Wrecker and Storage for the City of Aventura.
A more complete scope of services is included as Section 3.1 under the Special
Conditions of this proposal.
It is the intent of the City to select a primary towing contractor and a secondary
contractor to provide the services requested in this proposal as included in Section 2.26.
1.2 CONTRACT PERIOD
The initial contract shall be for a period of three (3) years with the right to renew the
contract for two (2) additional one year periods upon mutual agreement of both parties.
1.3 PROHIBITIONS RELATING TO OTHER BUSINESS INTERESTS
As more fully discussed in Section 3.3 of the Special Conditions of this RFP, the
contractor shall not engage directly or indirectly or through a subsidiary or other entity in
the automobile paint and body repair or salvage, junkyard or auto recycling business.
1.4 EVALUATION OF PROPOSALS
Proposals will be evaluated based upon the criteria contained in Sections 2.17 through
2.19 of the General Conditions and 3.7 of the Special Conditions.
1.5 PROPOSAL REQUIREMENTS
12
Proposals must include but need not be limited to, one original and three copies of the
complete Proposal Form including Attachments as follows:
. Attachment A - Exclusive Service Agreement Fee Proposal Form
. No Bid or Proposal Response
. Attachment B - Agency Reference List
. Attachment B 1- Other References
. Attachment C - Vehicle & Equipment List
. Attachment D - Storage Compound Information
. Attachment E - Proposer's Qualification Forms
. Attachment F - Proposal Exception Form
. Attachment G - Indemnification Clause
. Attachment H - Sworn Statement Pursuant to Section 287.133, F.S.
The City provided proposal forms must be completed, signed, notarized and certified as
to authorization. Attachments A, B, B1, C, D, and E must be completed using the City
provided forms. For attachments G and H, the City provided forms must be signed and
notarized. In addition, the proposal packet shall include a copy of all insurance policies
as specified in section 3.20 and one copy of the entire RFP document with the
proposer's company and initials on each page. Also, one original of the bid bond or
cashier's check must be included in the sealed envelope.
1.6 TIMETABLE FOR REVIEW AND SELECTION
The written proposals will be evaluated by a review committee consisting of employees
from the City's Police and Finance Support Services Departments. Based upon this
evaluation, the Committee may select one or more companies for further evaluation. If
determined appropriate, selected companies will receive a site visit to storage and other
facilities. A complete background investigation may also be completed for each
proposing company. The Committee shall recommend an agreement with the top
ranked company to the City Commission at their September 11,2007 meeting.
It is anticipated that the new company would assume full service responsibilities on
October 1,2007.
1.7 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 new proposals on the required materials or services. The
City Commission shall make a 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
13
Office may be withdrawn prior to submittal opening time stated herein, upon proper
identification and signature releasing submittal documents back to the proposing firm.
1.8 CONE OF SILENCE PROVISION
A. Notwithstanding any other provision of these specifications, the provisions of
City Code Sec. 2-260 "Cone of Silence" are applicable to this transaction.
The "Cone of Silence," as used herein, means a prohibition on any
communication regarding a particular Request For Proposal ("RFP"), Request
for Qualification ("RFP") or bid, between:
a potential vendor, service provider, proposer, bidder, lobbyist, or
consultant, and:
the City Commission, City's professional staff including, but not
limited to, the City Manager and his or her staff, any member of the
City's selection or evaluation committee.
B. The Cone of Silence shall be imposed upon each RFP, RFQ and bid
after the advertisement of said RFP, RFQ, or bid.
C. The Cone of Silence shall terminate at the beginning of the City
Commission meeting at which the City Manager makes his or her
written recommendation to the City Commission. However, if the City
Commission refers the Manager's recommendation back to the
Manager or staff for further review, the Cone of Silence shall be re-
imposed until such time as the Manager makes a subsequent written
recommendation.
D. The Cone of Silence shall not apply to:
(1) Oral communications at pre-bid conferences;
(2) Oral presentations before selection or evaluation
committees;
(3) Public presentations made to the City Commissioners
during any duly noticed public meeting;
(4) Communications in writing at any time with any City
employee, unless specifically prohibited by the applicable
RFP, RFQ or bid documents. The bidder or proposer
shall file a copy of any written communication with the
City Clerk. The City Clerk shall make copies available to
any person upon request;
(5) Communications regarding a particular RFP, RFQ or bid
between a potential vendor, service provider, proposer,
bidder, lobbyist or consultant and the City's Purchasing
Agent or City employee designated responsible for
administering the procurement process for such RFP,
14
RFQ or bid, provided the communication is limited strictly
to matters of process or procedure already contained in
the corresponding solicitation document;
(6) Communications with the City Attorney and his or her
staff;
(7) Duly noticed site visits to determine the competency of
bidders regarding a particular bid during the time period
between the opening of bids and the time the City
Manager makes his or her written recommendation;
(8) Any emergency procurement of goods or services
pursuant to City Code;
(9) Responses to the City's request for clarification or
additional information;
(10) Contract negotiations during any duly noticed public
meeting;
(11) Communications to enable City staff to seek and obtain
industry comment or perform market research, provided
all communications related thereto between a potential
vendor, service provider, proposer, bidder, lobbyist, or
consultant and any member of the City's professional
staff including, but not limited to, the City Manager and
his or her staff are in writing or are made at a duly
noticed public meeting.
E. Please contact the City Attorney for any questions concerning Cone of
Silence compliance.
F. Violation of the Cone of Silence by a particular bidder or proposer shall render
any RFP award, RFQ award or bid award to said bidder or proposer voidable
by the City Commission and/or City Manager.
1.9 CAMPAIGN FINANCE RESTRICTIONS ON VENDORS
A. Pursuant to Ordinance 2005-14; City Code Section 2-420, vendors of the City are
prohibited from in any way providing campaign contributions to City commission
candidates.
B. City Code Sec. 2-420. Prohibited campaign contributions by vendors.
(a) General, prohibition, disqualification, definitions.
(1) a. No vendor shall give, solicit for, deliver or provide a campaign
contribution directly or indirectly to a candidate, or to the campaign
committee of a candidate, for the Offices of Mayor or Commissioner.
Commencing on the effective date of this article, all proposed City contracts,
as well as requests for proposals (RFP), requests for qualifications (RFQ),
requests for letters of interest (RFLI), or solicitations of bids issued by the
15
City, shall incorporated notice of this section so as to notify potential vendors
of the proscription embodied herein.
b. No candidate or campaign committee of a candidate for the Offices of
Mayor or Commissioner, shall deposit into such candidate's campaign
account any campaign contribution which is received directly or indirectly
from a vendor or which such candidate or campaign committee knows or
should know was solicited by or for a vendor or delivered or provided for a
vendor. Candidates (or those acting on their behalf) shall ensure compliance
with this code section by confirming through examination of the official
vendor list which is posted on the City of Aventura website to verify the
vendor status of any potential contributor. A candidate or the campaign
committee of a candidate shall not be in violation of this subsection if the
vendor way not listed as a vendor in the City website at the time that the
contribution was received or deposited so long as the candidate or the
campaign committee of a candidate did not know that the person or entity
was a vendor of the City.
(2) Each prohibited act of giving, soliciting for, delivering or providing a
campaign contribution or depositing a campaign contribution in violation of
this section shall constitute a separate violation. All contributions deposited
into a candidate's campaign account in violation of this section shall be
forfeited to the City's general revenue fund.
(3) a. A person or entity, other than a then existing vendor, who directly
or indirectly makes a campaign contribution to a candidate who is elected to
the office of Mayor or Commissioner shall be disqualified for a period of 12
months following the swearing in of the subject elected official from serving
as a vendor with the City. A then existing vendor who directly or indirectly
makes a contribution to a candidate who is elected to the Office of Mayor or
Commissioner, shall be disqualified from serving as a vendor with the City for
a period of 12 months from a final finding of a violation of this section, or from
the time of action on a waiver request by the City Commission pursuant to
subsection (b) below, in the event that a waiver is sought by the vendor. In
the event that such waiver request for a particular transaction is granted, the
affected vendor shall nonetheless be disqualified from serving as a vendor
with the City as to any other goods, equipment or services to be provided by
the vendor to the City, beyond the vendor goods, equipment or services
which are the subject matter of any waiver which is granted. In the event
such waiver request is denied for a particular transaction the 12-month
disqualification period shall continue to apply to both the particular
transaction for which the waiver was sought, as well as all other vendor
activities for the provision of goods, equipment or services to the City during
that 12-month period.
b. For purposes of this section, the term "disqualified" shall be defined to
include:
1. Termination of a contributor/vendor's existing contracts with the City,
subject to the applicable waiver provisions of subsection (b) herein; and
16
2. Disqualification of a contributor's response to solicitation requests for
prospective vendor contracts with the city, subject to the applicable waiver of
subsection (b) herein.
(4) As used in this section:
a. Vendor.
1. A "vendor" is a person and/or entity who has been selected by the City
as the successful bidder on a present or pending bid to provide to the City
goods, equipment or services, or has been approved by the City of a present
or pending award to provide to the City goods, equipment or services, prior
to, upon or following execution of a contract, or purchase order.
2. "Vendor" shall include natural persons and/or entities who hold a
controlling financial interest in a vendor entity. The term "controlling financial
interest" shall mean the ownership, directly or indirectly, of ten percent or
more of the outstanding capital stock in any corporation or a direct or indirect
interest of ten percent or more in a firm. The term "firm" shall mean a
corporation, partnership, business trust or any legal entity other than a
natural person.
3. "Vendor" shall not include City officers or employees.
4. For purposes of this section, "vendor" status shall terminate upon
completion of performance of the agreement for the provision of goods,
equipment or service.
b. Services. For purposes of this section, the term "services" shall mean
the rendering by a vendor through competitive bidding or otherwise, of labor,
professional and/or consulting services to the City, including, but not limited
to, the provision of lobbying services to the City.
c. Campaign contributions. The term "campaign contribution" shall have
the meaning which is ascribed to the term "contributions" pursuant to F.S. 9
106.011, as amended.
(b) Waiver of prohibition.
(1) Criteria for waiver. The requirements of this section may be waived by
the affirmative vote of five members of the City Commission for a particular
transaction after a public hearing, upon finding that:
a. The goods, equipment or services to be involved in the proposed
transaction are unique and the City cannot avail itself of such goods,
equipment or services without entering into a transaction which would violate
this section but for waiver of its requirements; or
b. The business entity involved in the proposed transaction is the sole
source of supply as determined by the City Manager in accordance with
procedures established by the City Manager; or
c. An emergency contract (as authorized by subsection 2-253(5) of this
Code) must be made in order to protect the health, safety or welfare of the
citizens of the City; or
d. A contract for the provision of goods, equipment or services exists
which, if terminated by the City would be substantially adverse to the best
economic interests of the City.
17
(2) Limited waiver. Notwithstanding the denial of the City Commission of a
waiver request regarding the provision of goods, equipment or services
under an existing contract pursuant to subsection (b)a. above, the City
Commission, may by the affirmative vote of five members of the City
Commission after a public hearing, grant a limited waiver concerning an
existing contract for the provision of goods, equipment or services between a
vendor and the City upon finding that in order to protect the health, safety
and welfare of the citizens of the City, it is necessary that the affected
contract be continued for a limited duration (not to exceed a period of six
months) in order for the City to obtain a replacement vendor.
(3) Full disclosure. Any grant of a waiver or limited waiver by the City
Commission must first be supported with a full disclosure of the subject
campaign contribution.
(c) Implementation. The City Manager is authorized to adopt additional
procurement procedures for goods, equipment or services to implement this
section. These procedures shall provide for the assembly, maintenance and
posting of an official City vendor list as referenced above.
(d) Penalty. The Ethics Commission created pursuant to Miami-Dade
County Ordinance 97-105, shall have primary jurisdiction for enforcement of
this section. A finding by the Ethics Commission that a person violated this
section, shall subject such person to an admonition or public reprimand
and/or a fine of $250.00 for the first violation, and $500.00 for each
subsequent violation.
(e) Applicability. This section shall be applied only prospectively to
campaign contributions which are made after the date of this section.
(Ord. No. 2005-14, 93,10-11-05)
1.10 PUBLIC ENTITY CRIME/DISQUALIFICATION:
Pursuant to Section 287.133(3)(a), Florida Statute all proposers are advised as follows:
"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 or perform work as a contractor, supplier,. subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity and may not transact business with any public entity in excess of the threshold amount
provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list. II
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
18
SECTION TWO
General Conditions
2.1 PURPOSE OF PROPOSAL:
The City of Aventura intends to secure a source of supply(s) for the service needed at
the most responsive and responsible price. The City reserves the right to award the
proposal considered to best serve the City's interests.
Any questions concerning the proposal specifications or any required need for
clarification should be made at least five (5) days prior to the date of the proposal
opening. No plea of ignorance or delay or required need of additional information shall
exempt a proposer from submitting his proposal on the required date and time of day as
publicly noted.
Proposer warrants that the prices, terms and conditions quoted in the proposal will be
firm for a period of ninety (90) days from the date of the proposal opening unless
otherwise stated by the proposer. Incomplete, unresponsive, irresponsible, vague,
ambiguous responses to the request for proposal will be just cause for rejection as
determined by the City.
In the event of any conflicts between provisions contained in the General Conditions
(Section 2.1 through 2.26) and Special Conditions (Section 3.1 through 3.32), the
provisions contained in the Special Conditions shall govern.
2.2 SUBMISSION OF PROPOSALS
Proposers must use the proposal form(s) furnished by the City. Failure to do so may
cause the proposal to be rejected. Removal of any part of the proposal may invalidate
the proposal.
Proposals having an erasure or corrections must be initialed by the proposer in ink.
Proposals shall be signed in ink. All quotations shall be typewritten or filled in with ink.
2.3 GUARANTIES:
No guarantee or warranty is given or implied by the City as to the total amount of
services that mayor may not be purchased from any resulting contract or award. These
quantities are for proposal purposes only and will be used for tabulation and
presentation of the proposal. The City reserves the right to reasonably increase or
decrease quantities as required. The prices offered herein and the percentage rate of
discount applies to other representative items not listed in this proposal.
2.4 DELIVERY:
19
All items shall be delivered F.G.B. destination (i.e. at a specific City of Aventura
address), and delivery costs and charges (if any) will be included in the proposal price.
Exceptions should be noted. When practical, the City may make pick-ups at the
vendor's place of business.
2.5 TAXES
Proposer should not include taxes in proposal prices.
2.6 MISTAKES
If there is a discrepancy in the unit and extended prices, the unit price(s) will prevail and
the extensions adjusted to coincide. Proposers are responsible for checking their
calculations. Failure to do so will be at the Proposer's risk and errors will not release
the proposer from his responsibility as noted herein.
2.7 BRAND NAMES
If a brand name, make, of any "or equal" manufacturer trade name, trade name, or
vendor catalog is mentioned whether or not followed by the words "approved equal" it is
for the purpose of establishing a grade or quality of material only. Vendor may offer
equals with appropriate identification, samples and/or specifications on such item(s).
The City shall be the sole judge concerning the merits of items proposed as equals.
Provision of any written indication of intent to quote an alternative brand or model
number, or designation of objective of the proposal will be considered as a quotation in
complete compliance with the specifications as listed, at the discretion of the city, which
would best serve the City's interest.
2.8 MATERIAL
Acceptance of any materials delivered under this proposal shall remain the property of
the seller until accepted to the satisfaction of the City. In the event material(s) supplied
to the City is found to be defective or does not conform to specifications, the City
reserves the right to return the product(s) to the seller at the sellers expense.
2.9 PRICING
Prices should be stated in units of quantity specified in the proposal specifications. In
case of a discrepancy, the city reserves the right to make the final determination at the
lowest net cost to the City.
2.10 SAFETY STANDARDS
The proposer warrants that the product(s) supplied to the City conforms in all respects
to the standards set forth in the occupational safety and health act and its amendments.
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Proposals must be accompanied by materials data safety sheets (M.D.S.S.) when
applicable.
2.11 PAYMENTS
Payment will be made after commodities/services have been received, accepted, and
properly invoiced as indicated in the contract and/or purchase order. Invoices must
bear the purchase order number.
2.12 LIABILITY, INSURANCE, LICENSES & PERMITS
Where proposers are required to enter onto City of Aventura property or public right of
way to deliver materials or to perform work or services as a result of a proposal award,
the proposer will assume the full duty, obligation, and expense of obtaining all
necessary licenses, permits, inspections, and insurance required. The proposer shall
be liable for any damages or loss to the city occasioned by negligence of the proposer
(or his agent) or any person the proposer has designated in the completion of his
contract as a result of the proposal. Contractor shall be required to furnish a certified
copy of all licenses, certificates of competency or other licensure requirements
necessary to perform services hereunder as required by Florida State Statute, South
Florida Building Code, Dade County, or City of Aventura Code, if any. These
documents shall be furnished to the City along with the proposal response. Failure to
furnish these documents or to have required licensure will be grounds for rejecting the
proposal and forfeiture of the bid bond.
The vendor shall furnish to the Finance Support Services Director, City of Aventura,
19200 W. Country Club Drive, Aventura, FL. 33180, certificate(s) of insurance which
indicate that insurance coverages comply with Section 13.1 under Special Conditions of
this proposal.
2.13 COUNTY LICENSE
No bid may be submitted or awarded unless the proposer has a Dade County license
under sec. 30-472 of the County code.
2.14 COMPLIANCE WITH LAW
Proposer shall conduct its operations in compliance with all applicable federal, state,
county and local laws in providing any services hereunder.
2.15 ASSIGNMENT
The contractor shall not transfer or assign the performance required by this proposal
without prior written consent of the City of Aventura. Any award issued pursuant to this
proposal invitation, and monies which may be payable by the City, are not assignable
except with prior written approval of the City of Aventura.
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2.16 AWARD OF BIDS:
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 new proposals on the required materials or services. The
City also reserves the right to award the contract on a split order basis, group by group
or item by item, or such combination as will best serve the interests of the City unless
otherwise stated. The City also reserves the right to waive minor variations to the
specifications (interpretation of such to be made by the applicable department
personnel). Final determination and award of proposal (s) shall be made by the City
Commission.
2.17 EVALUATION OF PROPOSALS
The City, at it's discretion, reserves the right to inspect any/all proposers facilities to
determine their capability of meeting the City's needs.
2.18 IDENTICAL (TIE PROPOSALS)
Shall be awarded by the City in compliance with Florida State Statutes providing for a
drug free workplace and also the City of Aventura Ordinance #96-07; that is, in the
event of an identical tie bid, a preference shall be given to a business having a drug free
workplace under Florida State Statute 287.087, as amended. Failure to provide proof of
compliance when requested shall be just cause for rejection of the proposal as
determined by the City, holding the City harmless for such rejection.
2.19 PREFERENCE TO LOCAL BUSINESSES
Pursuant to Section 1,(G), of Ordinance No. 96-07, "businesses located within the
(corporate limits) of the City of Aventura. . . shall receive a preference bonus of 10% or
10 points during the tabulation of bid proposals".
2.20 HOLD HARMLESS
All proposers shall hold the City, it's officials and employees harmless and covenant not
to sue the City, it's officials and employees from their decisions to reject, award or not
award a proposal, as applicable.
2.21 CANCELLATION
Failure on the part of the vendor to comply with the conditions, specifications,
requirements, and terms as determined by the City, shall be just cause for cancellation
of the award, with the vendor holding the City harmless.
2.22 DISPUTES
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If any dispute concerning a question of fact arises under this contract, other than
termination for default or convenience, the contractor and the city department
responsible for the administration of the contract shall make a good faith effort to
resolve the dispute. If the dispute cannot be resolved by agreement, then the
department with the advice of the City Attorney shall resolve the dispute and send a
written copy of its decision to the contractor, which shall be binding on both parties.
2.23 NONCONFORMANCE TO CONTRACT:
The City of Aventura may withhold acceptance of, or reject items or services which are
found upon examination, not to meet the specification requirements. Upon written
notification of rejection, items shall be removed within five (5) calendar days by the
vendor at his own expense and redelivered at his expense. Rejected goods left longer
than thirty (30) calendar days will be regarded as abandoned and the City shall have the
right to dispose of them as it's own property. Rejection for nonconformance, failure to
provide services conforming to specifications, or failure to meet delivery schedules may
result in the contractor being found in default.
2.24 DEFAULT PROVISION:
In case of default by the proposer or contractor, the City of Aventura may cancel the
service agreements, procure the articles or services from other sources and hold the
proposer or contractor responsible for any excess costs occasioned or incurred thereby.
2.25 INDEMNIFICATION:
The contractor shall indemnify, save harmless, and defend the City of Aventura, it's
officers, agents and employees from and against any claims, demands or causes of
action of whatsoever kind or nature arising out of error, omission, negligent act, conduct
or misconduct of the contractor, his agents, servants or employees in the provision of
goods or the performance of services pursuant to this proposal and/or from any
procurement decision of the City including without limitation, awarding the contract to
the contractor.
2.26 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor cannot provide an item(s) or
Service(s) in a timely manner as requested, to contact the second highest bidder of this
RFP to perform said service. Contractor will provide the City with a fee of $30.00 per
call. If the secondary contractor is unavailable, the City reserves the right to seek and
obtain other sources without thereby violating the intent of the contract. The secondary
vendor shall be required to execute an agreement to provide said secondary vendor
services.
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SECTION 3
SPECIAL CONDITIONS
TOWING, WRECKER AND STORAGE SERVICE
RFP #07-8-29-2
3.1 SCOPE:
The City of Aventura is accepting sealed proposals for the towing and storage of
vehicles. The contractor shall provide for the removal, impounding, and storage of junk
vehicles, abandoned vehicles, illegally parked vehicles, non-driveable vehicles at
accident scenes, the vehicles of prisoners arrested by the City of Aventura Police
Department, or vehicles that are required to be removed or impounded for any reason
that arises; from the public rights-of-way or other areas within the city or from other
locations as directed by the City of Aventura. The contractor will provide twenty-four
hour towing services, 365 days per year. The contractor will supply the City with priority
services. The contractor will be given first call for all wrecker services requested by the
City unless a motorist makes a specific request for another wrecker. The City reserves
the right to request another wrecker service in an emergency situation. The contractor
shall charge for the tow and/or storage of any vehicle directly to the owner or operator
thereof, and not to the City, in accordance with the City approved rate schedule.
Vehicles towed and/or stored under the provisions of this contract shall only be taken to
the approved storage location or to a location approved in writing by the owner. The
contractor shall charge the same amount pursuant to this contract for vehicles towed in
and out of the storage compound.
3.2 INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL
The initial contract shall be for a period of three (3) years from execution of the
agreement. In addition, the City reserves the right to renew the contract for two (2)
additional one year periods, providing that both parties agree that all terms, conditions
and specifications remain the same, contingent upon approval by the City Manager and
the City Commission of the City of Aventura.
3.3 PROHIBITION AGAINST OTHER BUSINESSES
The contractor shall not engage directly or indirectly or through a subsidiary or other
entity in the automobile paint and body repair business or salvage, junkyard or auto
recycling. Further, the contractor shall not undertake any repairs to, or remove any part
or parts from, any vehicle towed or stored pursuant to the provisions herein. Contractor
also agrees that during the term of the agreement, contractor shall have no financial ties
to a body shop/auto repair shop and will not accept any compensation for referral work
on towed vehicles. The contractor agrees to refrain from soliciting any referrals from
any auto body and/or repair facilities.
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3.4 NO CONTINGENT FEE
Contractor warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the Contractor, to solicit or secure the
agreement and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for the contractor, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting
from the award or making the agreement. For the breach or violation of this provision,
the City shall have the right to terminate the agreement, without liability, at its discretion.
3.5 ATTORNEY'S FEES
If the City incurs any expense in enforcing the terms of the agreement whether suit be
brought or not, contractor agrees to pay all such costs and expenses including, but not
limited to, court costs, interest, and reasonable attorney's fees.
3.6 ADDENDA, CHANGES OR INTERPRETATIONS DURING BIDDING
Any inquiry or request for interpretation received five (5) or more days prior to the date
fixed for the opening of the proposals will be given consideration. All such changes or
interpretations will be made in writing in the form of an addendum and, if desired, will be
mailed or sent by available means to all known prospective proposers not later than the
established proposal opening date. Each prospective proposer shall acknowledge
receipt of such addenda by including it in the proposal form. In case any proposer fails
to include such addenda or addendum, his proposal will nevertheless be considered as
. though it had been received and acknowledged and the submission of his proposal will
constitute acknowledgement of the receipt of same. All addenda are a part of the
contract documents and each proposer will be bound by such addenda, whether or not
received by him. It is the responsibility of each prospective proposer to verify that he
has received all addenda issued before proposals are opened.
Any questions regarding the specifications may be directed to the Finance Support
Services Department, Indra Sarju, Purchasing Agent, located at 19200 W. Country Club
Dr., Aventura, FL 33180, (305) 466-8925. Under no circumstances will the City accept
facsimile transmissions in lieu of a sealed proposal. Any proposals received in the
above manner will be deemed unresponsive and a "no proposal" will be entered for the
proposer.
3.7 BASIS OF AWARD:
Award will be made to the most responsive and responsible proposer. Evaluation
criteria, in addition to those contained in Sections 2.17 through 2.19 of the General
Conditions, are the fee proposed, quantity and quality of equipment and size, location,
and appropriate layout of storage facility, and the overall ability to perform the services
requested.
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3.8 BONDS:
The proposer must include a bid bond in the amount of five percent (5%) of the yearly
exclusive service agreement fee proposed. Such bond may be in the form of a certified
or cashier's check or security bond in the form shown as Appendix 1 to this RFP. In
addition, the successful bidder shall furnish a performance bond in the amount of 100%
of the yearly Exclusive Service Agreement Fee with the City of Aventura as the obligee,
as security for the faithful performance of the contract. The bond shall be issued by a
satisfactory surety company authorized to do business in the State of Florida and be in
the form shown as Appendix 2 to this RFP.
3.9 BID SECURITY FORFEITED, LIQUIDATED DAMAGES:
Failure to execute a contract in the form prepared by the City and file an acceptable
performance bond as provided herein within ten (10) days after written notice of award
has been given shall be just cause for the annulment of the award by the City and the
forfeiture of the bid security to the City, which forfeiture shall be considered not as a
penalty, but in liquidation of damages sustained. Award may then be made to the next
highest responsible proposer or all proposals may be rejected, as best meets the needs
of the City.
3.10 CONTRACT CONTINUITY:
In the event services are scheduled to end either by contract expiration or by
termination by the City of Aventura (at the City's discretion), it shall be incumbent upon
the contractor to continue the service, if requested by the City, until new services can be
completely operational. At no time shall this transition period extend more than ninety
(90) days beyond the expiration date of the existing contract.
3.11 COMPLAINTS OR DISPUTES
The contractor agrees that any complaints received by the City concerning misconduct
on the part of the contractor, such as excessive charges, poor business practices,
damage to vehicles, etc., will be referred to the office of the Chief of Police or his
designee for appropriate action. The contractor agrees to make any complaints
concerning the City of Aventura available to the City Manager or his designee for action
as required.
3.12 PERSONNEL
The contractor shall have a minimum of three years experience in towing any and all
types of vehicles, including motor vehicles, truck tractors, trailers, tank trailers, and boat
trailers. The contractor shall have qualified trained employees. No less than two
operators shall be on duty at all times to avoid delays and be able to respond to a scene
within thirty (30) minutes. The contractor shall agree to have in its personnel file, a
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D.MV. report on each driver that it updates annually. Contractor agrees to ensure that
all drivers' posses a valid commercial drivers license in accordance with the law. It also
will ensure that all drivers used on City calls shall be neat, clean, courteous, sober and
competent in operating skills. Contractor agrees to be responsible for such drivers.
3.13 RESPONSE TIME
The contractor shall respond within thirty (30) minutes with appropriate towing
equipment to handle a towing call requested by any authorized representative of the
City of Aventura Police Department. If said response time exceeds thirty (30) minutes,
said delay may be punishable by a $50.00 fine charged to the contractor. In the event
that the call for a wrecker is for a non-emergency towing service of a City vehicle, then
the response time shall be 45 minutes with appropriate towing equipment to handle the
call. If said response time exceeds 45 minutes for a non-emergency tow of a city
vehicle, said delay may be punishable by a $50.00 fine charged to the contractor. The
enforcement of the fine provisions shall be at the direction and discretion of a city police
representative who will take into consideration mitigating circumstances that may have
caused the untimely response. The contractor agrees to pay any fines assessed and to
reimburse the City within 30 days, for any fees or expenses incurred because of the
contractor's failure to respond to a call within the response time period or because of the
contractor's inability to respond with sufficient equipment to complete the towing
assignment.
3.14 LICENSING
The successful proposer shall be licensed and certified by all appropriate State and
Local agencies. The contractor shall procure; at it's own expense, all necessary
licenses and permits. The contractor shall conform to all applicable laws, regulations, or
ordinances of the State, County, and City.
3.15 EQUIPMENT
The successful proposer shall provide, maintain and have available at all times a
minimum of three tow trucks rated class "A" wreckers, one (1) class "B" wrecker, one (1)
class "C" wrecker, and one class "A" or "B" flatbed. All tow trucks shall be equipped as
described in the section 3.25 entitled "Minimum Standards". During severe storms and
emergencies, the successful proposer will have available one additional tow truck.
3.16 STORAGE
The contractor must provide storage for impounded vehicles. The storage area must be
of a size to hold a minimum of one hundred vehicles, properly spaced to provide access
for removal or addition of vehicles. The storage area must have a durable surface,
properly drained and enclosed. No repair work or servicing of vehicles shall be
permitted in the storage area. The contractor will provide, on a twenty-four hour basis,
attendants and sufficient equipment for immediate response to calls for service from the
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City of Aventura Police Department or other departments of the City of Aventura. In
addition, the contractor will make available adequate personnel to staff the storage
compound from 7:00 AM. to 7:00 P.M., Monday thru Saturday, for the purpose of
releasing vehicles to the owners. The contractor further agrees to provide on call
personnel to release vehicles between 7:00 P.M. and 7:00 AM., Monday thru Saturday,
and at all times on Sunday and/or holidays. The contractor will not change the storage
facility location without written permission from the City of Aventura. Contractor shall
provide storage for towed vehicles in the outside enclosure area unless specific written
instructions are given for inside storage by the owner of the vehicle or by the attending
city official. Cars designated for outside storage shall be charged at the outside storage
rate. If the contractor prefers to use inside storage, he shall not charge a higher rate
than the outside storage rate.
If, in the opinion of the police officer at the scene, the vehicle requires special weather
protection, he or she will so note it on the vehicle storage receipt and the contractor
shall be required to completely cover the car with a weather proof material and shall be
allowed to charge the sum of fifty cents ($.50) per day for this service.
3.17 INSIDE STORAGE
Contractor shall furnish inside storage for at least five (5) vehicles which are of a
condition that inclement weather could result in damage thereto. Said area shall be
enclosed by solid walls, roof and access door. Vehicles stored with a police hold shall
be maintained in a designated secure and covered location and not disposed of or
released unless authorized by the City of Aventura Police Department.
3.18 CONTRACTOR'S LIABILITY
The contractor's liability for a towed vehicle and all personal property contained therein
shall commence from the time the wrecker is hooked on to the vehicle to be towed. The
contractor shall have his employee, representative, or agent, inventory jointly with a
police officer, or owner, or possessor of the vehicle, all personal property in the
vehicle(s) (exclusive of any evidence impounded by police) which the contractor is
directed to tow. The contractor agrees to assume full responsibility for any articles of
personal property left in the vehicle and listed on the property receipt form. The
contractor agrees to replace any such artiqles upon verification of the loss by the
Aventura Police Department or other law enforcement agency.
o Personal property in the vehicles stored by the contractor shall not be disposed of to defray
any charges for towing and storage of vehicles, without a court order.
o Contractor shall assume responsibility for theft from, or of, any vehicle stored in the
contractor's compound.
In the event that the contractor has in his possession a vehicle or personal property that
is determined, pursuant to Florida State Statutes, to be abandoned; disposal and/or any
transfer of title to the property shall be regulated pursuant to chapter 705, F. S. S.
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The City reserves the right to cancel a request for services of the contractor at any time,
including up to the time of hook-up. The contractor shall agree that the mere response
to a service call scene without other action does not constitute a service call for which
charges are applicable.
3.19 REPORTS
All inventory records of personal property in the vehicles which have been towed shall
be made in triplicate, and signed by the contractor or it's agent. One copy shall be
maintained by the contractor as a permanent record, one copy of the inventory shall be
given to the owner or operator of the vehicle being towed, if known, or securely attached
to the vehicle, and one copy shall be retained by the City of Aventura.
The contractor shall maintain such personal property in an appropriate locked room.
The contractor will provide to the City of Aventura Police Department a complete and
detailed list of the vehicles towed pursuant to this agreement and which have remained
on the contractor's lot for a period in excess of thirty (30) days. Information will be
provided to the city relating to personal property coming into the contractor's control as
a result of this agreement, which has remained in the contractor's control for a period in
excess of thirty (30) days. The contractor, immediately upon impounding or removing
any vehicle, shall prepare, without charge, a written report of the description of the
vehicle, which report shall include:
A. Make & Model of the vehicle
B. License Number
C. Vehicle identification number
D. Number of tires
E. Condition of vehicle
F. Name, address & phone number of towing service
G. Towing charges
H. Storage charges
I. Facility to which vehicle was towed.
A copy of the report shall be signed by the contractor and delivered to the Aventura
Police Department.
The contractor shall comply with Sec. 715.05, Florida Statute.
3.20 INSURANCE
The contractor shall purchase and maintain, in full force and effect for the life of the
contract, at contractor's sole expense, the following required insurance policies:
1. A business automobile policy that covers any auto used in connection with this
agreement, regardless of whether the vehicle is owned, rented, hired or
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borrowed by the contractor. Minimum limits for bodily injury/property damage
liability shall be $500,000 per occurrence.
2. A comprehensive general liability policy with minimum coverage limits of
$500,000.00 for bodily injury and property damage per occurrence.
3. A comprehensive garage-keepers legal liability policy with minimum combined
single limit coverage of $500,000.00 for bodily injury and property damage.
4. A garage liability policy with minimum combined single limit coverage of
$500,000.00 for bodily injury and property damage.
5. A worker's compensation and employer's liability policy, which covers all of the
contractor's employees to be engaged in work on this contract as specified by,
and in accordance with, F.S.S. 440.
The City of Aventura shall be named as additional insured on policies listed as 1 - 5 of
the contractor's above required policies of insurance. The form and types of coverage
and sufficiency of insurer shall be subject to approval of the City Manager.
The contractor agrees to indemnify, defend and hold harmless the City of Aventura from
and against any and all claims, suits, judgments, executions and/or liabilities as to
bodily injuries and/or property damages which arise or grow out of this contract or
contractor's performance or operations hereunder.
Copies of all policies or certificates of such insurance shall be delivered to the city, and
said documentation shall provide for the City to be notified a minimum of thirty (30) days
prior to any cancellation, termination, reduction or non-renewal of any required
insurance policy.
The contractor shall also, upon request by the City, provide copies of all official receipts
and endorsements as verification of contractor's timely payment of each insurance
policy premium as required by this contract.
3.21 CONTRACTOR'S RELATION TO THE CITY
It is expressly agreed and understood that the contractor is in all respects an
independent contractor as to all work hereunder, and that the contractor is in no respect
an agent, servant or employee of the City of Aventura. This contract specifies the work
to be done by the contractor, but the method to be employed to accomplish this work
shall be the responsibility of the contractor, unless otherwise provided in the contract.
3.22 OTHER SERVICES
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Nothing contained in the agreement will prevent the owner or operator of a motor
vehicle from calling a wrecker or tow truck of their own choice or requesting that their
vehicle be towed to a garage or compound other than that of the contractor.
3.23 REMOVAL OF DEBRIS
The contractor agrees that, upon arrival at an accident scene, the tow truck operator will
remove from the site, any hazardous debris, spilled petroleum products, or volatile
items, unless conditions warrant that the County Fire Department render assistance, as
determined by hazardous materials response team. (Usually 10-15 Gallons of material.)
All items shall be removed and disposed of in compliance with O.S.H.A. guidelines and
amendments thereof.
3.24 DISCRIMINATORY PRACTICES
The contractor shall not deny service, deny access, or deny employment to any person
on the basis of race, color, creed, sex, religion or national origin. The company will
strictly adhere to the equal employment opportunity requirements and any applicable
requirements established by the State of Florida or the Federal Government.
3.25 MINIMUM STANDARDS
All CLASS "A" TOW TRUCKS I MUST MEET THE FOllOWING STANDARDS:
A. MINIMUM MANUFACTURE CAPACITY OF 10,000 GVW.
B. BOOM CAPACITY OF NOT lESS THAN FOUR (4) TONS.
C. POWER WINCH PULLING CAPACITY OF NOT lESS THAN FOUR (4)
TONS.
D. MINIMUM OF 100 FT. OF 3/8" STEEL CORE CABLE.
E. CRADLE OR TOW PLATE OR TOW SLING TO PICK UP VEHICLES.
CRADLE OR TOW PLATE TO BE EQUIPPED WITH SAFETY CHAINS
AND SO CONSTRUCTED THAT NO FURTHER DAMAGE Will
OCCUR WHEN PICKING UP VEHICLES.
F. DUAL WHEELS.
CLASS "B" TOW TRUCKS SHAll MEET THE FOllOWING MINIMUM STANDARDS:
A. MINIMUM MANUFACTURE CAPACITY OF 20,000 POUNDS GVW FOR A
FLATBED AND 18,000 GVW FOR A WRECKER.
B. BOOM CAPACITY OF NOT lESS THAN 6 TONS.
C. POWER WINCH PULLING CAPACITY OF NOT lESS THAN 4 TONS.
D. MINIMUM OF 200 FT. OF 1/2 INCH STEEL CORE CABLE OR lARGER.
E. TOW SLING AND DUEL WHEELS.
F. DOUBLE BOOMS SO CONSTRUCTED AS TO PERMIT SPLITTING
EACH BOOM TO OPERATE INDEPENDENTLY OR JOINTLY. SINGLE
BOOM HYDRAULIC ELEVATED AND EXTENDABLE WITH 360 DEGREES
SWIVEL AT END OF BOOM.
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G. TWO SNATCH BLOCKS; 8 TON RATING.
CLASS "C" TOW TRUCKS SHALL MEET THE FOLLOWING MINIMUM STANDARDS:
A. MINIMUM MANUFACTURE CAPACITY OF NOT LESS THAN 46,000 Ibs.
GVW
B. DOUBLE BOOM CAPACITY OF NOT LESS THAN 12 1/2 TONS
INDEPENDENTLY, 25 TONS JOINTLY.
C. POWER WINCH PULLING CAPACITY OF NOT LESS THAN 25 TONS.
D. MINIMUM OF 200 FEET OF AT LEAST 9/16 INCH STEEL CORE
CABLE.
E. DOUBLE BOOM SO CONSTRUCTED TO PERMIT SEPARATING EACH
BOOM TO OPERATE INDEPENDENTLY OR JOINTLY.
F. AIR BRAKES SO CONSTRUCTED AS TO LOCK ALL WHEELS
AUTOMATICALLY UPON FAILURE.
G. CRADLE TOW PLATE OR TOW SLING TO PICK UP VEHICLES.
H. DUAL WHEELS.
CLASS "A" OR "B" FLATBED: SHALL BE EQUIVALENT TO CLASS "A" OR "'B" TOW
TRUCK IN RESPECT TO EQUIPMENT STANDARD NEEDS.
A. GVW OF 11,000 LBS.
B. WINCH POWER 8,000 LBS.
C. DUAL WHEELS
3.26 RADIO COMMUNICATIONS:
The contractor will provide all towing vehicles used pursuant to this agreement with two
way radio communication systems. The communication shall be between the
contractor's base station and all service trucks utilized in providing city towing service.
The two-way radios will not be tuned to any city frequencies.
3.27 UNDERWATER DIVER:
The contractor shall furnish a certified underwater diver if requested by the Police
Department for removal of submerged or partially submerged vehicles. The contractor
assumes all claims, liabilities, and expenses incurred by such diver. For every diver,
duty time shall be computed from the time of arrival at the scene to the time vehicle or
property is rigged and hoisted to dry land.
3.28 CITY DIVER:
A city diver shall be used in the event of an emergency situation and the City will be
reimbursed by the Contractor at the rate of minimum of $75.00 per hour to a maximum
of $100.00 per hour. Any monies reimbursed to the City by the Contractor may in turn
be charged back to the Owner. In the event of an emergency situation where a City
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diver is not available the Contractor shall supply a diver and will charge the owner at
$100.00 per hour per diver. In the event of a non-emergency situation, vehicle owner
shall be responsible for obtaining the services of a diver and wrecker for removal.
Owner shall be given a twenty-four (24) hour period to accomplish removal. If the
owner has not accomplished the removal in the time period specified, the contractor
shall supply a diver and will charge the owner at $100.00 per hour per diver.
3.29 MISCELLANEOUS EQUIPMENT:
All tow trucks must be equipped with an oscillating amber light mounted on top of the
tow truck cab. Furthermore, the following equipment must be present on all tow trucks:
A. RED LIGHT AND RED REFLECTORS ON THE REAR AND REAR
SIDES.
B. DOlLl ES
C. AT lEAST ONE HEAVY DUTY PUSH BROOM AND SHOVEL
D. FLOOD LIGHTS ON HOIST
E. ONE AXE
F. ONE CROW BAR OR PRY BAR
G. ONE FOUR-POUND C02 FIRE EXTINGUISHER OR EQUIVALENT.
H. ONE PAIR OF BOLT CUTTERS
I. ONE PAIR OF JUMPER CABLES
J. ONE FOUR WAY lUG WRENCH
K. ONE FLASHLIGHT
L. ONE SET OF THREE PORTABLE REFLECTORS
M. FIVE THIRTY MINUTE FUSES
N. TWO RED FLAGS AT lEAST ONE FOOT BY ONE FOOT
IN THE EVENT OF FUEL SPillS, THE FOllOWING EQUIPMENT Will BE
NECESSARY:
o. ADSORBENT, HYDROPHILIC
P. ADSORBENT, HYDROPHOBIC
Q. CONTAINERS FOR USED ADSORBENTS
3.30 FINANCIAL ARRANGEMENTS/RATES:
The contractor shall collect all towing and storage fees in an amount not to exceed that
stated below, from the owner of the vehicle or his authorized representative at the time
he makes application for release of the vehicle at the tow yard or other destination. In
the event the owners do not apply for release of the vehicle within the statutory period,
the police department must be notified prior to any procedure to junk or otherwise
dispose of the vehicle.
Whenever impounded vehicles are claimed by the owner, the owner shall be furnished
with an itemized statement of all charges for the impounding of the vehicle. The
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contractor shall receive from the vehicle owner a receipt and release for the vehicle and
all personal property therein and the contractor shall retain the receipt for at least one
year.
Owner of towed vehicle shall not be charged for any storage fees if owner picks up the
vehicle within 24 hours of being towed.
The City of Aventura shall not be responsible or liable to the contractor for nonpayment
of any towing or storage fees to the contractor by the owner or operator of the vehicle.
The rates shall be as follows and shall remain unchanged during the course of the
agreement, including any extension to same.
A. INSIDE STORAGE PER TWENTY-FOUR HOUR PERIOD
1. MOTORCYCLES OR SCOOTERS
2. CARS AND SMALL TRUCKS TO 3M TON
3. TRUCKS OVER 3M TON
4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS
B. OUTSIDE STORAGE PER TWENTY-FOUR HOUR PERIOD
12.00
25.00
40.00
55.00
1. MOTORCYCLES OR SCOOTERS
2. CARSANDSMALLTRUCKS
3. TRUCKS OVER 3/4 TON
4. SEMI-TRUCKS, BUSES HOUSE TRAILERS
10.00
20.00
30.00
45.00
C. TOW RATES, CLASS "A" TOW TRUCKS
1. PASSENGER CARS & SMALL TRUCKS,
FIRST 10 MILES OR FRACTION THEREOF
75.00
2. EACH ADDITIONAL MILE
3.00
D. TOW RATES CLASS "B" TOW TRUCKS
1. MEDIUM SllE TRUCKS
FIRST 10 MILES OR FRACTION THEREOF
125.00
2. EACH ADDITIONAL MILE
4.00
E. TOW RATES CLASS"C" TOW TRUCKS
1. HEAVY DUTY TRUCKS, TRACTORS,
TRAILER DUMPS, CEMENT MIXERS, GARBAGE PACKERS, ETC.
FIRST 10 MILES OR FRACTION THEREOF 155.00
34
2. EACH ADDITIONAL MILE
4.00
F. EXTRA TIME OR LABOR AFTER FIRST 30 MINUTES AT SCENE
1. CLASS "A" TOW TRUCKS
2. CLASS "B" TOW TRUCKS
3. CLASS "C" TOW TRUCKS
4. FLATBED TOW TRUCKS
18.00/HR.
32.00/HR.
42.00/HR.
18.00/HR.
BIDDERS PLEASE NOTE: Should contractor furnish a wrecker in a higher class than
the one required for a particular class of vehicle, the only charges that would be
authorized are those for the proper class of wrecker for the vehicle being towed.
If the contractor chooses to use a flatbed in place of a wrecker, the only charge
authorized shall be that listed for the applicable class of vehicle towed.
G. WINCHING FROM SAND: OVER 50 FEET SHALL BE AT OWNERS REQUEST
OR AT SPECIFIC AUTHORIZATION FROM THE CITY.
1. MOTORCYCLES OR SCOOTERS
25.00 PLUS
50.00/HR/REMOVAL
50.00 PLUS
50.00/HR/REMOVAL
75.00 PLUS
50.00/HR/REMOVAL
100.00 PLUS
50.00/HR/REMOVAL
2. CARS & SMALL TRUCKS
3. TRUCKS OVER 3M TON
4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS
H. TURNOVER SURCHARGE:
1. MOTORCYCLES OR SCOOTERS
NO CHARGE
3. TRUCKS OVER 3M TON
25.00 PLUS
50.00/HR/REMOVAL
50.00 PLUS
50.00/HR/REMOVAL
75.00 PLUS
50.00/HR/REMOVAL
2. CARS AND SMALL TRUCKS
4. SEMI TRUCKS, BUSES, HOUSE TRAILERS
I. REMOVAL FROM WATER:
1. MOTORCYCLES OR SCOOTERS
65.00 PLUS
50.00/HR/REMOVAL
125.00 PLUS
50.00/HR/REMOVAL
155.00 PLUS
2. CARS AND SMALL TRUCKS
3. TRUCKS OVER 3/4 TON
35
4. SEMI-TRUCKS, BUSES, HOUSE TRAILERS
50.00/HR/REMOVAL
150.00 PLUS
50.00/HR/REMOVAL
J. UNDER WATER RESOURCE RECOVERY: SALVAGE DIVERS
K. UNLOCKING DOORS WITHOUT KEYS
L. TIRE CHANGE
M. ASSISTED START
N. ADMINISTRATIVE FEES
150.00/HR
25.00
25.00
25.00
17.00
An Administrative Fee shall be charged by towing companies to notify vehicle owner
about towed and stored vehicles. Vehicle owner shall be notified within 24 hours about
recovered vehicle, not including weekends or holidays. The Administrative Fee will
cover expenses such as notification, advertisement, Division of Motor Vehicles Check,
Computer Expense, Postage, Miscellaneous, etc...
O. DISABLED CALLS:
MINIMUM CHARGE WHEN TOW NOT REQUIRED
3.31 CITY OWNED VEHICLES
25.00
City owned and non owned vehicles operated by employees on City business will be
towed twenty four hours a day without charge, from any location in Dade or Broward
Counties, upon request of the appropriate City officials.
3.32 CHANGE OF TIRES
The contractor agrees to respond to requests from the Police and City Departments to
change vehicle tires where necessary. The contractor's responsibility for change of tires
shall be at any time. There shall be no charge by the contractor for changing Police or
City vehicle tires.
36
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TOWING, WRECKER AND STORAGE SERVICE
RFP# 07-8-29-2
PROPOSAL FORM
I hereby propose to furnish the goods and services specified in the Request for
Proposal. I agree that my proposal will remain firm for a period of 90 days after opened
by the City in order to allow the City adequate time to evaluate the proposals.
I certify that all information contained in this proposal is truthful to the best of my
knowledge and belief. I further certify that I am duly authorized to submit this proposal
on behalf of the Company named as Proposing Company and that said Company is
ready, willing and able to perform if awarded the contract.
I further certify, under oath, that this proposal is made without prior understanding,
agreement, connection, discussion, or collusion with any other person, firm or
corporation submitting a proposal; no officer, employee or agent of the City of Aventura
or any other proposer has an interest in said proposal. Furthermore, I certify that the
undersigned executed this Proposal Form with full knowledge and understanding of
matters therein contained and was duly authorized to do so.
Further, I certify that no officer or owner of the Company shall, either individually or as a
beneficial shareholder of a particular corporation, directly or indirectly, own, manage,
operate, join, control or participate in the ownership, operation or control of a motor
vehicle body shop, repair shop, or related motor vehicle maintenance operation during
the term of the Towing and Wrecker Service Agreement. I also certify that the
Company's sole and only business is the towing and storage of motor vehicles as
contemplated by the Specifications for Towing and Wrecker Service.
Addendum #
Addendum #
Addendum #
Dated
Dated
Dated
Attached hereto are the following forms/documents which form a part of this proposal:
Attachments
A. Exclusive Service Agreement Fee Proposal Form
No Bid or Proposal Response
B. Agency Reference List
B-1 Other References
C. Vehicle & Equipment List
37
D. Storage Compound Information
E. Proposer's Qualifications Form
F. Proposal Exception Form
G. Indemnification Clause
H. Sworn Statement Pursuant to Section 287.133 (3)(a),
Florida Statutes
NAME OF BUSINESS
SIGNATURE
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
CITY, STATE, liP CODE
(-)
TELEPHONE NUMBER
STATE OF
)
)SS
)
COUNTY OF
The foregoing instrument was sworn to and subscribed before me this
, 200_ by
personally known to me or produced
identification.
day of
who is
as
NOTARY PUBLIC, State of
Print Name:
Commission No.:
Commission Expires:
SEAL
(if Corporation)
38
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TOWING, WRECKER AND STORAGE SERVICE
RFP#07 -8-29-2
PROPOSAL FORM
CERTIFICATE
(if Corporation)
STATE OF
) SS:
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of
the
a corporation existing under the laws of-the-State of
held on
and adopted:
, 20_, the following resolution was duly passed
RESOLVED, that, as of the Corporation, be and is hereby
authorized to execute the proposal dated, , 20_to the City of
Aventura from this corporation and that his execution thereof, attested by the
Secretary of the Corporation, and with the Corporate Seal affixed, shall be the
official act and deed of this Corporation
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of corporation on this the of
Secretary
(SEAL)
39
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TOWING, WRECKER AND STORAGE SERVICE
RFP#07 -8-29-2
PROPOSAL FORM
CERTIFICATE
(if Partnership)
STATE OF )
SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Partners of the
a partnership existing under the laws of-the-State of
held on
, 20_, the following resolution was duly passed and
adopted:
"RESOLVED, that
, as
of
the Partnership, be and is hereby authorized to execute the proposal dated
, 20_, to the City of Aventura from this partnership and that
his execution of thereof, attested by the shall
be the official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this
,20
, day of
Secretary
(SEAL)
40
CITY OF AVENTURA
REQUEST FOR PROPOSAL FOR
TOWING, WRECKER AND STORAGE SERVICE
RFP #07-8-29-2
EXCLUSIVE SERVICE AGREEMENT FEE PROPOSAL FORM
Attachment A
PROPOSED TOTAL ANNUAL PRICE TO BE PAID TO THE CITY IN QUARTERLY
INCREMENTS IN ADVANCE, FOR EXCLUSIVE SERVICE AGREEMENT FOR
TOWING, WRECKER AND STORAGE SERVICE FOR THE CITY OF AVENTURA:
$ TOTAL EXCLUSIVE
SERVICE AGREEMENT FEE FOR EACH TWELVE-MONTH PERIOD
1) I agree to be bound by the schedule of rates contained in the section 3.30 of this
RFP for the initial three (3) year term and any extension of the agreement.
YES
NO
*
2) I agree to be bound by all terms and conditions contained in this Request for
Proposal.
YES
NO
*
3) I agree that the yearly Exclusive Service Agreement Fee amount as proposed shall
remain in effect for the initial three (3) year term and any extensions of this
agreement.
YES
NO
*
*If "no" to any question, proposer must fully describe their proposed exception on
Attachment F.
41
CITY OF AVENTURA
"NO BID or PROPOSAL" RESPONSE
If your firm is unable to submit a proposal, please complete and return this form prior to
date shown for receipt of proposal, and return to:
CITY OF AVENTURA
We have declined to propose on RFP # 07-8-29-2, for the following reasons:
We do not offer this service/product
Our schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond/insurance requirements
Specifications unclear (please explain below)
Other (please specify below)
REMARKS
Typed Name and Title
Company Name
Address
Business Phone
Fax Number
42
CITY OF AVENTURA
TOWING, WRECKER AND STORAGE SERVICE
RFP #07-8-29-2
PROPOSAL FORMS
AGENCY REFERENCE LIST
Attachment B
Please list five Governmental Agency contract references for which you have
done business within the past five years, if available:
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
43
REFERENCES cont.
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
Attach additional sheets if necessary.
If there are less than five agencies listed above, complete Attachment B-1 to bring the total number of
references to at least five.
44
CITY OF AVENTURA
TOWING, WRECKER AND STORAGE SERVICE
RFP #07-8-29-2
PROPOSAL FORMS
OTHER REFERENCES
Attachment B-1
Please list NAME OF COMPANY, ADDRESS, PHONE NO., AND CONTACT PERSON
AT COMPANY of any other Non-Governmental entities for which you have done
business within the past five years:
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
Agency Name:
Add ress:
City, State, & lip Code:
Contact's Name & Phone #:
45
OTHER REFERENCES cont.
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
Agency Name:
Address:
City, State, & lip Code:
Contact's Name & Phone #:
Note: The total number of references contained on Attachments B and B-1 must total at least
five.
46
CITY OF AVENTURA
REQUEST FOR PROPOSAL FOR
TOWING, WRECKER AND STORAGE SERVICE
RFP# 07-8-29-2
VEHICLE & EQUPMENT LIST
Attachment C
List vehicles and equipment to be used in accordance with Contract.
Group the vehicles and equipment by class and state year, make, condition and
ownership information for each.
47
CITY OF AVENTURA
REQUEST FOR PROPOSAL FOR
TOWING, WRECKER AND STORAGE SERVICE
RFP# 07-8-29-2
STORAGE COMPOUND INFORMATION
Attachment D
Proposer shall furnish, as part of the Proposal:
Location of Storage Compound:
Distance from Aventura:
Storage capacity of compound:
Outside:
Inside:
Hours of operation:
48
CITY OF AVENTURA
REQUEST FOR PROPOSAL FOR
TOWING, WRECKER AND STORAGE SERVICE
RFP#07 -8-29-2
PROPOSER'S QUALIFICATIONS
Attachment E
(Page 1 of 3)
NOTE: This statement of Proposer's Qualification must be completely filled out,
properly executed and returned as part of your Proposal.
1. List the true, exact and proper names of the company, partnership, corporation,
trade or fictitious name under which you do business and principals by names and
titles:
Name of Company:
Address:
Principals:
Titles:
2. a. Are you licensed, as may be required, in the designated area(s) of Dade
County, Florida?
YES
NO
b. List Principals Licensed:
Name(s):
Title:
Remarks:
3. How long has your company been in business and so licensed?
49
PROPOSER'S QUALIFICATIONS
Attachment E
(Page 2 of 3)
4. If Proposer is an individual, corporation or a partnership, answer the following:
a. Date of Organization
b. Name, address and ownership units of all partners:
C. State whether general or limited partnership:
d. State whether a corporation
Date and place of
incorporation
If Proposer is other than an individual, corporation or partnership, describe the
organization and give the name and address of principals.
5. If Proposer is operating under a fictitious name, submit evidence of compliance with
the Florida Fictitious Name Statute.
6. How many years has your organization been in business under its present business
name?
a. Under what other former names has your organization operated?
7. a. Has your company ever failed to complete a bonded obligation or to complete
a contract?
YES
NO
a If so, give particulars including circumstances, where and when, name of
bonding company, name and address of City and disposition of matter:
50
PROPOSER'S QUALIFICATIONS
Attachment E
(Page 3 of 3)
b. Are you now or in the past five years been involved as a defendant in
litigation concerning the performance of your company operations? If so list:
8. a. List the pertinent experience of the key individuals of your organization;
(continue on insert sheet, if necessary).
b. State the name of the individual(s) who will have personal supervision of the
work:
9. List name and title of persons in your company who are authorized to enter into a
contract with the City of Aventura, Florida for the proposed work should your
company be the successful Proposer.
Name
Title
10. Describe your Company's experience in providing services to other police agencies
similar to the comprehensive service to be provided herein.
51
CITY OF AVENTURA
REQUEST FOR PROPOSAL FOR
TOWING, WRECKER AND STORAGE SERVICE
RFP# 07-8-29-2
PROPOSAL EXCEPTION FORM
Attachment F
(see Attachment A)
The Company wishes to take exception to the following items:
PaQe
Item
Costs
52
INDEMNIFICATION CLAUSE
Attachment G
RFP # 07-8-29-2
The Contractor shall indemnify, defend and hold harmless the City Commission, the
City of Aventura and their agents and employees from and against all claims, damages,
losses and expenses (including attorney's fees) arising out of or resulting from the
contractor's performance of the work, provided that any such claim, damage, loss or
expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
damage on destruction of property including the loss of use resulting therefrom, and (2)
is caused in whole or in part by any breach or default by Contractor or negligent act or
omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, regardless or whether
or not it is caused in part by a party indemnified hereunder.
Proposer's Name
Signature
Date
STATE OF FLORI DA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me, the under signed authority,
who, after first being sworn by me, affixed his/her
[name of individual signing]
signature in the space provided above on this
day of
,20
NOTARY PUBLIC
53
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
Attachment "H"
THIS FORM MUST BE SIGNED AND SWORN TO IN THE
PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICAL
AUTHORllED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the CITY OF AVENTURA, FLORIDA
By:
(print individual's name and title)
For:
(print name of entity submitting sworn statement)
whose business address is:
and (if applicable) its Federal Employer Identification Number (FEIN) is:
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: .)
2. 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 of 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 or of the United States and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations.
3, I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or
entry of a plea of guilty or non contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1 )(a), Florida Statutes,
means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers' directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A
person who knowingly enters into a joint venture with a person who has been convicted
54
of a public entity crime in Florida during the preceding 36 months shall be considered an
affi I iate.
5. I understand that a "person" as defined in Paragraph 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 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 "person" includes
those officers, directors, executives, and partners. Shareholders, employees, members, and
agents who are active in management of an entity.
6. Based on information and belief, the statement, which I have marked below, is true in
relations to the entity submitting this sworn statement. (Indicate which statement applies).
o Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in
the management of the entity, nor any affiliate of the entity has been charged with and
convicted of a public entity crime subsequent to July 1, 1989.
o 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.
o 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. However, there has been a
subsequent proceeding before a Hearing Officer of the State of Florida, Division of
Administrative Hearings and the final Order entered by the Hearing Officer determined
that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT
PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF
THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT
IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED
IN THIS FORM.
Signature
Sworn to and subscribed before me this
day
,200_.
Personally known
OR
Produced identification
Name of Notary
Notary Public - State of
55
BUSINESS ENTITY AFFIDAVIT
(VENDOR/BIDDER DISCLOSURE)
I,
State:
I being first duly sworn
The full legal name and business address of the person(s) or entity contracting or
transacting business with the City of Aventura ("City") are (Post Office addresses are
not acceptable), as follows:
Federal Employer Identification Number (If none, Social Security Number)
Name of Entity, Individual, Partners or Corporation
Street Address
Suite
City
State
lip Code
OWNERSHIP DISCLOSURE AFFIDA VIT
1. If the contact or business transaction is with a corporation, the full legal name
and business address shall be provided for each officer and director and each
stockholder who holds directly or indirectly five percent (5%) or more of the
corporation's stock. If the contract or business transaction is with a trust, the full
legal name and address shall be provided for each trustee and each beneficiary.
All such names and addresses are (Post Office addresses are not acceptable),
as follows:
Full Leqal Name
Address
Ownership
%
%
%
56
The full legal names and business address of any other individual (other than
subcontractors, material men, suppliers, laborers, or lenders) who have, or will have,
any interest (legal equitable, beneficial or otherwise) in the contract or business
transaction with the City are (Post Office addresses are not acceptable), as follows:
Signature of Affiant
Date
Print Name
Sworn to and subscribed before me this
day of
,20_.
Personally known
OR
Produced identification
Notary Public
Notary Public - State of
My Commission expires:
Type of identification
Printed, typed or stamped
commissioned
57
APPENDIX 1
58
BID BOND
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE
KNOW ALL 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 THIS OBLIGATION IS SUCH that whereas the Principal has submitted the
accompanying Bid, dated ,20_
for: Custodial Service for Government Center.
WHEREAS, it was a condition precedent 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 Principal within ten (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 to the
City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides
all required Certificates of Insurance, then this obligation shall be void; otherwise the sum herein
stated shall be due and payable to the City of Aventura and 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, as liquidated damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their
several seals this day of , 20 , the name
and the corporate seal of each corporate party being hereto affixed and these presents being duly
signed by its undersigned representative.
59
IN PRESENCE OF:
(Individual or Partnership Principal)
(Impress Seal)
(Business Address)
(City/State/Zip)
(Business Phone)
(Business Facsimile)
ATTEST:
Secretary
(Corporate Surety)*
By:
*Impress Corporate Seal
IMPORTANT
Surety companies executing bonds must appear on the Treasury Department's most current list (circular
570 as amended) and be authorized to transact business in the State of Florida.
60
APPENDIX 2
61
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
as Principal, hereinafter called Contractor, and
, as Surety, are bound to the City of Aventura, Florida, as Obligee,
hereinafter called City, in the amount of Dollars ($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally,
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract
No.: --------, awarded the day of ,20 , with City
for in accordance with specifications set forth in the Bid
documents, which Contract is by reference made a part hereof, and is hereafter referred to as the
Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
1. Fully performs the Contract between the Contractor and the City for Towing, Wrecker and
Storage Service, after the date of Contract commencement as specified in the RFP
Documents and in the manner prescribed in the Contract; and
2. Indemnifies and pays City all losses, damages (specifically including, but not limited to,
damages for delay and other consequential damages caused by or arising out of the acts,
omissions or negligence of Contractor), expenses, costs and attorney's fees including
attorney's fees incurred in appellate proceedings, that City sustains because of default by
Contractor under the Contract; and
3. Upon notification by the City, corrects any and all defective or faulty Work or materials
which appear within twenty-four (24) hours, and:
4. Performs the guarantee of all Work and materials furnished under the Contract for the time
specified in the Contract, then this Bond is void, otherwise it remains in full force.
Whenever Contractor shall be, and declared by City to be, in default under the Contract,
the City having performed City's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly:
4.1 Complete the Contract in accordance with its terms and conditions; or
4.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and
conditions, and upon determination by Surety of the best, lowest, qualified, responsible
and responsive BIDDER, or, if the City elects, upon determination by the City, and Surety
62
jointly of the best, lowest, qualified, responsible and responsive BIDDER, arrange for a
Contract between such BIDDER and City, and make available as Work progresses (even
though there should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract Price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in
the first paragraph hereof. The term "balance of the Contract Price." as used in this
paragraph, shall mean the total amount payable by City to Contractor under the Contract
and any amendments thereto, less the amount properly paid by City to Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the
City named herein.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents
and compliance or noncompliance with any formalities connected with the Contract or the changes do not
affect Surety's obligation under this Bond.
Signed and sealed this
day of
,20
WITNESSES:
(Name of Corporation)
Secretary
(CORPORATE SEAL)
By:
(Signature and Title)
IN THE PRESENCE OF:
(Type Name & Title signed above)
INSURANCE COMPANY:
By:
*(Agent and Attorney-in-Fact)
Address:
City/State/Zip Code
Telephone No.:
* (Power of Attorney must be attached)
63
State of
County of
On this, the
Public of the State of
by
day of
, 20_, before me, the undersigned Notary
foregoing instrument was acknowledged
officer), (title), of
(state of corporation) corporation,
the
(name of corporate
(name of corporation), a
on behalf of the corporation.
WITNESS my hand
and official seal
Notary Public, State of
Printed, typed or stamped name of Notary Public
exactly as commissioned
o Personally known to me, or
o Produced identification:
(type of identification produced)
o Did take an oath, or
o Did not take an oath
Bonded by:
64
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: September 25,2007
SUBJECT: Proposed Library Agreement
October 2,2007 City Commission Meeting Agenda Item Io-c-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Library Interlocal Agreement between the City and Miami - Dade
County.
BACKGROUND
As you are aware the City will be responsible for the design and construction of the
reconstruction of the County Library branch located at 2930 Aventura Boulevard. The
purpose of the Agreement is to outline the responsibilities of both parties.
The following is an outline of the major points contained in the Agreement:
1. The City, in conjunction with the County, will design the proposed 26,000 square
feet library facility. The City will obtain the County's approval of the design of the
Library prior to proceeding with construction of the combined facility.
2. The County and the City agree to design and build a multi-use facility to include
the Northeast Branch Library and a Performing Arts Center in the same
boundaries. The total design, construction, furniture, fixtures, infrastructure and
operational costs for the Performing Arts Center shall be borne solely by the City.
3. The City shall not commence construction of the Library Building without first
obtaining the County's written approval of the site plan and exterior plan of the
Library Building.
to the respective Governing Bodies. This Amendment shall include a guarantee
or lease to the City for the premises upon which the PAC shall be constructed for
a period of ninety-nine (99) years at a maximum sum of Ten (10) Dollars a year.
If you have any questions, please feel free to contact me.
EMS/act
CM01591-07
RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN LIBRARY INTERLOCAL AGREEMENT, IN
SUBSTANTIALLY THE FORM AS ATTACHED HERETO,
BY AND BETWEEN THE CITY OF AVENTURA AND
MIAMI-DADE COUNTY; 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 Library Interlocal Agreement, in substantially the form attached
hereto, by and between the City of Aventura and Miami-Dade County, is hereby
approved and the City Manager is authorized to sign the Agreement on behalf of the
City, once approved by the City Attorney as to form and legal sufficiency, and is
authorized to make any revisions which the City Manager and City Attorney find to be
necessary in order to accomplish the purposes hereof.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon adoption.
The foregoing resolution was offered by Commissioner _, who moved its
adoption. The motion was seconded by Commissioner , and upon being put to a
vote, the vote was as follows:
Commissioner lev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Silly Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2007-
Page 2
PASSED AND ADOPTED this 2nd day of October, 2007.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r
HM~
City Attorney
SUSAN GOTTLIEB, MAYOR
D1L'; ~' 1
LIBRARY INTERLOCAL AGREEMENT
This Library Interlocal Agreement ("Agreement") is executed by and
between the City of A ventura, a municipal corporation of the State of Florida (the
"City") and Miami-Dade County, a political subdivision of the State of Florida
(the "County" or the "Library") (collectively, "Parties"), and is entered into this
day of, 2007 (the "Agreement").
WITNESSETH
WHEREAS, Hurricane Wilma destroyed the roof of the Northeast Library
located at 2930 A ventura Boulevard and caused severe damage to the inside of the
building, making it difficult to rehabilitate the existing facility; and
WHEREAS, the County, desires to reconstruct the Northeast Library
Building at the existing library location and continue to provide Library Service to
the City of Aventura which is part of the Miami-Dade Public Library Taxing
District; and
WHEREAS, the reconstructed Library branch would be a maximum of
26,000 square feet to be located at 2930 A ventura Boulevard, A ventura, Florida
33180
In consideration of mutual covenants contained herein the Parties agree as
follows:
1. Desie:n and Construction of the Library Duildine:
A. The City in conjunction with the County will design the library
facility. The City will obtain the County's approval of the design of the
Library prior to proceeding with construction of the combined facility.
B. The City shall reconstruct for the County a facility of approximately,
26,000 contiguous square feet for use as a branch Library of the
Miami-Dade Public Library System.
City
County
Page 1 of 10
DRAFT
C. The County and the City agree to design and build a multi-use facility to
include the Northeast Branch Library and a Performing Arts Center in the
same boundaries. The total design, construction furniture, fixtures,
infrastructure and operational costs for the Performing Arts Center shall be
borne solely by the City.
2. Oblie:ations of the City
A. Construction. The City shall reconstruct the Library Building, as
further described in this Section, to be approximately 26,000 contiguous
square feet within which Miami-Dade Public Library System shall resume
operation of the Northeast branch Library, subject to the conditions set
forth herein. The City shall not commence construction of the Library
Building without first obtaining the County's written approval of the site
plan and exterior plan of the Library Building, which approval shall not be
unreasonably withheld. The City agrees to construct the Library Building
consistent with the requirements of federal, state, and local law, including
but not limited to the requirements contained in the Florida Building Code
and the Americans with Disabilities Act.
B. Interior. The City agrees to fully construct, partition, and prepare the
interior of the Library Building in accordance with the plans and
specifications prepared and approved by the County and the City. The
City further agrees to turn over to the County the Library Building ready
for immediate occupancy, and for equipping by the County as is more
fully set out in this Section. In order to minimize unnecessary costs of
construction, the County agrees to submit to the City an Interior Design
Plan, which shall include all necessary interior design information for
the City so that the City shall meet the following requirements:
l. fully partition, and paint the interior of the Library Building;
2. furnish and install all interior doors and interior finishes;
3. furnish and install a finished ceiling, including all overhead
lighting fixtures;
4. furnish and install an independent fully functional HV AC air
conditioning system for the Library Building;
City
County
Page 2 of 10
DRAFT
5. furnish and install all safety devices required by the Florida
Building Code or other applicable laws, rules, or regulations,
including but not limited to: all fire alarms, sprinkler systems,
fire extinguishers, and exit signs;
6. furnish and install wiring needed by the Library Building for
electric, data communication and connectivity to the
Library's Wide Area Network, telephone, and cable service;
7. furnish and install a separate electric and water use meters for
the Library Building;
8. furnish and install a burglar alarm system at the Library
Building;
9. allow for the installation of an exterior freestanding book
drop at a location that is mutually agreeable to the parties.
10. provide dimensioned floor patterns and tile patterns
(including floor treatments), as required.
C. The City shall submit construction documents of the Library
Building for County review and approval at 25%, 50%, 75% and
100% completion. The County shall review and provide relevant
comments on the plans within 21 business days of each submittal
(25%, 50%, 75 %, and 100%). The City shall undertake the interior
improvements described in Section 2( c) only upon submission by the
County, in writing, of its aesign plan for the interior space ("Interior
Design Plan"). It is expressly understood that any interior
construction reasonably required for the operation of the Library
Building contained in the Interior Design Plan but not specifically
identified in this Section or Section 3 below shall be the sole
responsibility of the City.
3. County's Oblh!:ations.
Design Plan. The County agrees to submit its Interior Design Plan to the
City for approval no later than thirty (30) days following receipt of the 25%
construction documents for the Library Building, as described in Section 2
(C) above. The City's approval of the Interior Design Plan shall not be
unreasonably withheld. Disapproval of the Interior Design Plan may be
based upon fiscal or financial considerations and not aesthetic
considerations. Any reasonable additional costs relating to the County's
failure to submit the complete Interior Design Plan contemplated by Section
City
County
Page 3 of 10
DRt\FT
2 and 3 of this Agreement shall be borne by the County. The Interior
Design Plan shall include the specifications delineated in Section 2 (B)
above.
4. Furniture. Supplies & Equipment
The County shall provide and install all additional lighting, furniture,
shelving, books, window treatments, supplies, and equipment, including
computer equipment, for the Library Building, and shall have full discretion
in the selection and approval thereof.
5. Maintenance
The County shall be responsible for full maintenance and repair of the
interior of the Library Building, including the maintenance and repair of all
flooring, wiring, or other interior construction furnished and/or installed by
the City under Section 2 after the warranty period has expired. The County
shall be responsible for maintaining the HV AC unites) after the warranty
period on the HV AC unit(s) has expired. The City shall not be responsible
for any interior maintenance or repair to the Library Building except that
except that the City shall use its best efforts to require that all warranty
services are provided by the respective contractor or vendor. The CountY
shall be responsible for any non- warranty items.
The County shall be responsible for maintaining and repairing the Library's
parking facility, all exterior electricity and lighting fixtures, all landscaping
of the Library, and all exterior maintenance or repair , any structural
maintenance or repair, including the roof, for the Library Building.
The County shall be respor..sible for all utilities consumed by the County.
The County shaH provide its own janitorial and custodial services to serve
the needs of the Library Building. The County and the City may enter into
a Supplemental Service Agreement to address the provision of additionai
services, such as security or landscaping.
6. Capital Commitment
City
County
Page 4 of 10
DRApri'
A. In consideration for the City's agreement to construct the Library
Building the County will provide up to $12.5 million dollars for
demolition of existing building, capital development of the
Library Building, including site plan, design, architectural and
engineering services, and construction of the building and
landscaping and parking (the "Capital Development Maximum
Contribution").
B. The County will provide up to 5% of the Capital Development
Maximum Contribution in the form of advance payment, to be
made within thirty (30) days of the City's selection of the project
Architect. Thereafter, the County will provide payment to the
City on a reimbursement basis (the "reimbursement requests").
C. The City agrees to abide by the Administrative Rules of the
Building Better Communities General Obligation Bond Program.
D. In no event, shall County funds be advanced directly to any
subcontractor.
E. The County shaH nO'i be held responsible for any additiona~ desIgn
or construction change orders initiated by the City due to design
omission changes, design error changes, regulatory changes,
and/ot unforeseen/unforeseeable changes. The County retains the
right to initiate change orders as needed to enhance the Library
portion of the project, which shall be funded separately from the
above aforementioned $12 million.
'7. Operation.
A. Miami-Dade County Public Library System will operate the library and
will pay the full yearly operating costs. The Library and the City agree that
the Library will commence operations ninety days after a certificate of
occupancy is issued for the Library Building and acceptance of the Library
Building by the County. During said ninety (90) day period, the Library
will hire staff; install shelving and purchase and install library materials and
City
County
Page 5 of 10
DRAFT
equipment. The Library reserves the right not commence operation of the
library within the above stated time if budgetary constraints prohibit the
Library System from funding operational costs.
C. The Library reserves the right to establish and amend the operating
hours of the branch Library as needed, and such hours may be changed at
the sole option of the Coun~y without formal amendmec~ of this Interlo;al
Agreement. The library branch will be operated in accordance with all rules
and regulations of the Miami-Dade Public Library System. In addition, the
Miami-Dade Public Library System will have control of all operation, use
and programming with regards to this library branch.
D. The City shall ensure the County's quiet enjoyment of the Library
Building as related to any City use or activities.
8. Rie:ht to Cancel.
The terms of this Interlocal Agreement shall continue unless written notice
is given by either party to the other at least six (6) months in advance of the
date of the year in which the Library is proposed to be or the Agreement is
proposed to be terminated. The County Manager and the City Manager
shan have the authority to c2i.\cel .;:his Agreement in the name of the Coutlty
and the City respectively as provided herein, upon approval by their
respective governing body. The party that chooses to terminate this
Agreement shall be responsible for paying the reasonable and direct costs
and expenses incurred by the other party as a result of the termination. At
the conclusion of this Interlocal Agreement, the contents of the Library
Building shall remain the property of the County. In the event the County
terminates this Interlocal Agreement before original term expires, the
County shall provide the City with a payment equal to the balance needed
to pay off the City's design and/or construction debt.
9. Indemnification.
The County shall indemnify and hold harmless the City to the extent a.nd
within the limitations of Section 768.28, Fla. Stat., subject to the provisions
City
County
Page 6 of 10
DRAFT
of the Statute whereby the County shall not be held liable to pay a personal
injury or property damage claim or judgment by anyone person which
exceeds the sum of $100,000, or any claim or judgments or portions
thereof, which, when totaled with all other occurrences, exceeds the sum of
$200,000, from any and all personal injury or property damage claims,
liabilities, losses, and causes of action which may arise solely as a result of
the negligence of the County.
The City shall indemnify and hold harmless the County to the extent and
within the limitations of Section 768.28, Fla. Stat., subject to the provisions
of the Statute whereby the City shall not be held liable to pay a personal
injury or property damage claim or judgment by anyone person which
exceeds the sum of $100,000, or any claim or judgments or portions
thereof, which, when totaled with all other occurrences, exceeds the sum of
$200,000, from any and all personal injury or property damage claims,
liabilities, losses, and causes of action which may arise solely as a result of
the negligence of the City.
10. Library Access.
It is agree~ that the c0mpi5~e.G. Li:c;Jrary Building shall be open to lise by an
County residents, regardless of residency within the City
11. N amine: and Sie:nae:e.
Upon completion, the Library Building shall be named "Miami-Dade
Public Library System Northeast Branch." The County shall provide and
the City shall allow signage that is in accordance with County branding
standards for signage at Library facilities.
12. Prohibited Use of Funds.
The City shall not utilize funds provided under this Agreement to retain
legal counsel for any action or proceeding against the County or any of its
agents, instrumentalities, employees or officials.
13. Compliance with Laws.
City
County
Page 7 of 10
DRAFT
The City agrees to abide by and be governed by Miami-Dade County
Ordinance No. 72-82 (Conflict of Interest Ordinance codified at Section 2-
11.1 et al. of the Code of Miami-Dade County), as amended, which is
incorporated herein by reference as if fully set forth herein, in connection
with its contract obligations hereunder.
The City agrees to abide by and be governed by all applicable federal, state,
and local iaws, inchiding but not limited to the Americans with DisabHH:~s
Act The City shall set aside appropriate funding for the Art in Public
Places Program, as set forth in section 2-11.15 of the Code of Miami-Dade
County. The funding allocated for the Art in Public Places Program is equal
to 1.5 % of the capital commitment amount. The City will be allowed to
utilize the amount necessary to comply with section 2-11.15 out of the
capital commitment portion.
14. Notices.
It is expressly understood that the Library Director and the City Manager
have the authority to make submissions and provide approvals as required
under this Agreement. It is understood and agreed between the Parties that
written notice addressed to the following at the addresses shown shaH
constitute sufficient notice under this Agreement:
To the Library Department:
Raymond Santiago, Director
c/o Miami-Dade County
Library Department
101 W. Flagler Street
Miami, Florida 33130
To City:
Eric M. Soroka, ICMA-CM
City Manager
City of A ventura
19200 West Country Club Drive
Aventura, Fl33180
City
County
Page 8 of 10
DRAFT
15. Autonomy.
The Parties agree that this Agreement recognizes the autonomy of, and
stipulates or implies no affiliation between, the contracting Parties. It is
expressly understood that the City is not an agent or instrumentality of the
County. Furthermore, the City's agents and employees are not agents or
employees ofthe County as a result of this Agreement.
16. Entirety of Ae:reement.
The Parties agree that this Agreement and Exhibits hereto set forth the
entire agreement between the Parties, with respect to the development and
use of the Library Building between the County from the City, and in that
regard there are no promises or understandings other than those stated in
this Agreement. None of the provisions, terms and conditions contained in
this Interlocal Agreement may be added to, modified, superseded or
otherwise altered, except by the County Manager and City Manager, or
where appropriate the Board of County Commissioners and the City
Commission.
At the completion of the design development of the Library with the
adjoining Performing Arts Center, the County will develop an amendment
to this Interloca! Agre:ement detailing all parties' duties and responsibiJ.Hles
that will be presented to the respective Governing Bodies. This
Amendment shall include a guarantee or lease to the City for the premises
upon which the PAC shall be constructed for a period of ninety-nine (99)
years at a maximum sum ofTen (10) Dollars a year.
17. Amendments.
Any amendments to this Agreement must be effected in writing.
18. Force Majeure
Neither Party shall have any liability to the other hereunder by reason of
any delay or failure to perform any obligation or covenant if the delay or
failure to perform is occasioned by force majeure, meaning any act of God,
City
County
Page 9 of 10
DRAFT
storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor
dispute, civil disturbance, riot, war, national emergency, act of government,
act of public enemy, or other cause of similar or dissimilar nature beyond
its reasonable control during the period of such force majeure.
IN WITNESS WHEREOF, the Parties hereto have set their hands and
affixed their respective seals the day and year first above written.
City of A ventura
Approved as to form and legal sufficiency:
By:
Eric M. Soroka, ICMA, CM
City Manager
David W olpin, Esq. City Attorney
Attest
, '
. ,
Teresa M. Soroka, MMC
City Clerk
Miami-Dade County
Approved as to form and legal sufficiency:
George M. Burgess
County Manager
Diamela del Castillo
Assistant County Attorney
City
County
Page 10 of 10
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit
BY: ~rian K. Raducci, Finance
DATE: September 25, 2007
SUBJECT: Resolution Authorizing Agreement for the Continued Billing of
Stormwater Charges
October 2, 2007 City Commission Meeting Agenda Item Ie> - b
RECOMMENDATION
It is recommended that the City Commission approve the attached resolution
authorizing the City Manager to execute the agreement with Miami Dade County for
continued billing of stormwater charges.
BACKGROUND
Pursuant to Ordinance No. 97-18, on October 1S\ 1997 the City became responsible for
the ownership, maintenance and expansion of the stormwater management system
within our corporate limits. This action included the responsibility to bill and collect the
stormwater charges from our property owners, residents and businesses.
On March 31, 1998, the City entered into the original interlocal agreement with Miami-
Dade County for the billing of stormwater charges by the County. Since then the
County has been administering, billing and collecting a stormwater charge
simultaneously with the County's bills for water and sewer service and then remitting
monthly to the City its respective stormwater charges less any of the County's
applicable service fees.
The County has requested the City to renew the original agreement.
The amount to be paid to the County for these services remains fixed at $0.87 per bill,
and the terms and conditions of this interlocal agreement remain substantially
consistent with that of the original agreement.
AGREEMENT FOR THE BILLING OF
STORMWA TER CHARGES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF AVENTURA
THIS AGREEMENT, entered into this _ day of _' 2007, by and between the CITY OF
AVENTURA, FLORIDA, a municipal corporation of the State of Florida (the "CITY"), and MIAMI-
DADE COUNTY, a political subdivision of the State of Florida (the "COUNTY").
WIT N E SSE T H:
WHEREAS, the COUNTY, through its Miami-Dade Water and Sewer Department (the
"Department"), operates the water and sewer utility systems within the CITY; and
WHEREAS, effective October 1,1997, the CITY has been exclusively responsible to operate
and maintain the stormwater utility system within the CITY boundaries, and
WHEREAS, on March 31,1998, the COUNTY and the CITY entered into an agreement
providing for the billing of stormwater charges by the COUNTY for the CITY and has been
administering, billing and collecting a stormwater utility service charge simultaneously with the
issuance of the COUNTY's bills for water and sewer service, and
WHEREAS, the CITY desires the COUNTY to continue to administer, bill and collect the
stormwater utility service charge on behalf of the CITY; and
WHEREAS, the COUNTY has agreed to continue to administer, bill and collect the
stormwater utility service charges on behalf of the CITY,
NOW, THEREFORE, in consideration of mutual advantages, it is agreed:
Section 1. The CITY, jointly with the COUNTY, will designate and cause to be identified
from time to time the water and sewer service accounts of the Department which thereafter, under
the rules and regulations of the CITY, shall be billed for stormwater utility service charges. The CITY
shall designate the rate classifications applicable thereto in writing in a format acceptable to the
COUNTY. The COUNTY shall act thereon until such designations and classifications are changed
in writing by the CITY. The CITY understands and accepts that the COUNTY shall consider the
person or persons whose names appear on the COUNTY's water and sewer service account as the
persons responsible for the stormwater utility service charges at the location involved.
Section 2. The CITY shall deliver to the COUNTY a minimum ofthirty (30) calendar days
in advance of the effective date its schedule of rates and any revisions of such schedule of rates by
furnishing to the Department's Assistant Director of Finance a certified copy of the ordinance or
other action of the CITY promulgating said revised schedule of rates. Until the COUNTY is so
furnished with a revised schedule, the COUNTY shall act upon the prior delivered schedule. The
stormwater utility service charge shall be prorated in accordance with the revised schedule of rates.
Stormwater Billing Agreement
City of A ventura
9/21/07
No security deposits shall be collected by the COUNTY nor shall delinquent penalty charges be
imposed by the COUNTY on the stormwater utility charge.
Section 3. The COUNTY agrees, during the COUNTY's regular and periodic billing
procedures, to cause to be billed and collected from each water and sewer customer under said
accounts, as an added and designated separate item on the bill, the stormwater utility service
charge, according to the schedule of rates established by the CITY for such customer. This shall be
the exclusive method for billing stormwater utility service charges by the County; no separate bills
shall be issued, except for those bills that may be generated by the CITY. The CITY authorizes and
empowers the COUNTY to render such billing for the CITY's account and on the payment thereof to
give receipt and acquittance therefore, either by endorsement of payment upon such billings or by
separate receipt. Upon the initial billing by the COUNTY to each user of stormwater utility service
and at any time during the term of this agreement, as deemed necessary by the COUNTY or the
CITY, the CITY shall at its sole cost and expense and independent of this Agreement, advise such
user of the method and arrangement between the CITY and the COUNTY for the billing and
collection of said charge by the COUNTY for and on behalf of the CITY as the CITY's agent. The
COU NTY shall not be responsible for the notification of new owners, occupants or tenants that there
is a stormwater utility service charge. Furthermore, the CITY shall notify its stormwater utility users
of future rate increases.
Section 4. The COUNTY agrees to observe the same diligence, policy and procedure in
the billing, and collection of stormwater utility service accounts as is used by the COUNTY in billing
and collecting its water service accounts, except that the COUNTY shall not terminate water and/or
sewer service for non-payment of stormwater utility service charges, except when account balances
exceed an amount to be determined by the Department, nor shall it institute or maintain suits at law
for collection of stormwater utility service charges. The COUNTY may provide water and sewer
service to customers irrespective of said customer's failure to pay the applicable stormwater utility
charge. The COUNTY shall not be responsible for the billing of accounts that are inactive. The
COUNTY shall not file any liens on property for the collection of the stormwater utility charges.
Legal actions for non-payment of stormwater utility charges shall be the sole responsibility of the
CITY.
Section 5. The COUNTY will keep correct and proper books of accounts, showing
monthly gross billings of stormwater utility service charges, and shall provide to the CITY a monthly
statement in writing, showing the net amount owed the CITY by the COUNTY for the month covered
by such statement. The COUNTY shall provide this statement and the remittance due the CITY
within sixty (60) days of the end of each monthly period. Based on such statement, the COUNTY
shall make payment to the CITY of the amount due, less the COUNTY's compensation for the billing
and collection of said charges and less any other payments or deductions as hereinafter specifically
provided in Paragraphs 6 and 9 of this Agreement.
The CITY agrees that the COUNTY shall remit monthly payments based on the collection of
stormwater utility service charges, when the COUNTY's billing system is capable of this method of
remittance.
Section 6. Adjustments for uncollected stormwater billings shall be made on a regular basis,
at least annually, as a deduction provided in Section 5.
Section 7. Upon written request from the CITY, the COUNTY shall make available for
inspection or audit by the CITY and its representatives at any reasonable time all of its records
pertaining to the COUNTY's actions under this Agreement as agent for the CITY and shall also
Stormwater Billing Agreement 2
City of A ventura
9/21/07
furnish to the CITY such information concerning the administration of this Agreement as the CITY
may reasonably request, including information as to delinquent stormwater utility charges and
accounts not currently being billed. Should the CITY, in any audit of the COUNTY's records, find a
discrepancy between the amount of funds remitted to the CITY and the actual billing and collection
by the COUNTY, the COUNTY shall within thirty (30) days of receipt of written notification from the
CITY remit to the CITY the sums owed.
Section 8. Both the CITY and the COUNTY recognize that in the billing and collection of
stormwater utility service charges involving thousands of customers, numerous situations arise
which require discretion. The CITY agrees with the COUNTY that the COUNTY may use its best
judgment in such instances. The COUNTY's method or manner shall not be considered as
negligence under or independent of the terms and conditions of this Agreement or as a breach
thereof and the COUNTY shall not be liable or responsible to the CITY for any loss in stormwater
utility service charge revenues by reason of the COUNTY's discretionary handling of such situations.
Specifically, the COUNTY shall have the right to remove or adjust the stormwater utility service
charge from a customer's bill if the customer provides proof acceptable to the COUNTY that he or
she was not the owner, occupant or tenant of the property on the date that the stormwater utility
service charge was applied. However, the COUNTY shall advise the CITY of all adjustments to
CITY accounts as part of the monthly statements provided pursuant to Section 5. Except as
otherwise specified in this paragraph, any adjustments to accounts assessed a stormwater utility
service charge shall be initiated solely by the CITY and provided to the COUNTY in writing.
Section 9. The CITY agrees to pay to the COUNTY and the COUNTY shall receive from
the CITY, by means of deduction from payments for monthly billings, compensation determined as
follows:
A. Forthe period from the effective date of this agreement, until this agreement
is modified pursuant to Section 10 hereinafter, a charge in the amount of
eighty-seven cents ($0.87) per bill for all accounts to be charged the CITY's
stormwater utility service charge; and
B. For all costs and expenses incurred and paid by the COUNTY during the
preceding month in defending legal actions brought against the COUNTY by
any person, firm or corporation, excluding the CITY, involving billing or
collection of stormwater utility service charges on behalf of the CITY, or
involving the COUNTY's administration of the terms and conditions of this
Agreement.
The COUNTY shall notify the CITY in writing of any legal claims filed against
the COUNTY pertaining to the COUNTY's billing and collection of the CITY's
stormwater fees within thirty (30) working days of receipt of any claim. The
CITY shall have the option to defend the COUNTY on any such claims and
settle or compromise the same unless such a claim involves employee
dishonesty or theft.
Section 10. The COUNTY reserves the right to review and revise the charges provided for
in Section 9 (A) hereinabove and the CITY agrees to be bound thereby, provided the COUNTY
provides ninety (90) days notice to CITY of said proposed revised charges.
Section 11. All telephone calls and correspondence from customers regarding the
stormwater utility shall be the responsibility of the CITY. The COUNTY shall cause the telephone
Stormwater Billing Agreement 3
City of A ventura
9/21/07
number for the CITY, as provided by the CITY, to be printed on the COUNTY's regular bill stock.
Section 12. The CITY agrees that the COUNTY shall not be held liable for any damage,
delay or other loss which the CITY may experience as a result of the COUNTY's practices in
administering this Agreement, unless such loss arises from negligence of the COUNTY, its
employees or agents.
Section 13. It is understood and agreed between the CITY and the COUNTY that the
COUNTY's obligation is limited to billing and collection of stormwater utility service charges as
specifically provided for in this Agreement.
Section 14. The CITY shall not allow or permit construction or installation of any
connections of stormwater mains which allow stormwater to enter the COUNTY's sanitary sewer
system. The CITY agrees to use its best efforts to detect and lawfully disconnect all stormwater
connections to the COUNTY's sanitary sewer system within the CITY's jurisdiction and submit within
ninety (90) days of the execution of this Agreement a timetable for the elimination of such
stormwater connections which is reasonably acceptable to the COUNTY.
Section 15. This Agreement shall be binding upon the respective successors and assigns
of both the CITY and the COUNTY.
Section 16. All references to the CITY under this Agreement that require direction to the
COUNTY shall mean the CITY Manager or his designee. Whenever written notice to the CITY is
required it shall be sent by Certified Mail, Return Receipt Requested, to The CITY OF AVENTURA,
City Hall, 19200 W. Country Club Drive, Aventura, Florida 33180 (Attention: City Manager).
Whenever written notice to the COUNTY is required it shall be sent by Certified Mail, Return Receipt
Requested, to Miami-Dade County, Miami-Dade Water and Sewer Department, 3071 S. W. 38th
Avenue, Miami, Florida 33146, (Attention: Assistant Director-Finance).
Section 17. This Agreement shall remain in full force and effect for a period of ten (10)
years after its date of execution. This Agreement may be extended at that time by written request
from the CITY to the Department's Director and mutual agreement by the City Manager and the
Department Director, without which it shall terminate. Notwithstanding the above provisions, this
Agreement shall terminate and be cancelled without further writings between the CITY and the
COUNTY upon either party providing six (6) months notice in writing to the other party so advising
the other party.
Notwithstanding the provisions of this paragraph, should the COUNTY fail to timely bill the
CITY's customers in accordance with the agreed upon billing cycles and rates or fail to remit
payment to the CITY in the timeframes specified in Paragraph 5 or 9, the CITY may terminate this
Agreement on thirty (30) days written notice to the COUNTY.
(The rest of the page is intentionally left blank)
Stormwater Billing Agreement
City of A ventura
9/21/07
4
IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and
year first above written.
MIAMI-DADE COUNTY
ATTEST:
BY:
BY:
Clerk
County Mayor
ATTEST:
CITY OF A VENTURA
BY:
BY:
City Clerk
City Manager
Approved as to form and legal
sufficiency:
Approved as to form and legal
sufficiency:
Assistant County Attorney
City Attorney
Stormwater Billing Agreement
City of A ventura
9/21/07
5
RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR THE BILLING OF STORMWA TER CHARGES BY
AND BETWEEN THE CITY OF AVENTURA AND MIAMI-
DADE COUNTY; 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 for the billing of stormwater charges by and between the City of Aventura
and Miami-Dade County.
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.
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 Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2007-
Page 2
PASSED AND ADOPTED this 2nd day of October, 2007.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r
MM~
City Attorney
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: September 26, 2007
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: Resolution Declaring Equipment Surplus
October 2, 2007 Commission Meeting Agenda Item Y
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment as surplus to the needs of the Police Department and the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01592-07
RESOLUTION NO. 2007-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5.
adoption.
The foregoing Resolution was offered by Commissioner
its adoption. This motion was seconded by Commissioner
to a vote, the vote was as follows:
This Resolution shall become effective immediately upon its
, who moved
, and upon being put
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
Resolution No. 2007-
Page 2
PASSED AND ADOPTED this 2nd day of October, 2007.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~
MM~
City Attorney
CITY OF AVENTURA
POLICE DEPARTMENT
FROM:
TO:
Steven Steinberg, Chief of
DATE:
26 September 2007
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
Watch:
Rolex watch, silver metal w/diamond like stones; serial # Y171932
APD case # 06-006291
Color Printer:
Aficio AP3800C, Serial # P6020300141; City Asset # 1495
* Once declared surplus this printer will be traded in for a new model and credit
given for this printer will be applied to the cost of the new one.
Firearms:
These firearms were purchased by the city for use by the SWAT team. They
were purchased in 1998 with Police Department forfeiture funds. I request that
any money obtained from these weapons being surplused be placed back into
the PO Forfeiture account.
All firearms are Bushmaster rifles, Model M4, 5.56mm and the serial numbers
are:
L095287
L095087
L095086
L095096
L095088
L095111
L095095
L095286
L095273
L095272
L095090
It is requested that any money that may be obtained from the sale of the above
watch or firearms be deposited into the PO Forfeiture Fund.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
DATE: September 27, 2007
SUBJECT: Ordinance Amending 2007/08 Budget
1st Reading October 2,2007 City Commission Meeting Agenda Item.b..::F
2nd Reading November 6, 2007 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
the 2007/08 Budget to include three full-time and three part-time employees in the
budget as City employees previously included with the Severn Trent contract services
agreement for the Community Recreation Center.
BACKGROUND
As discussed at the September Commission Workshop Meeting, due to Severn Trent's
inability to come to terms with the City regarding the contract to continue services of
operating the Community Recreation Cente~ effective October 1, 2007 the employees
currently employed by Severn Trent will become City employees. This is recommended
to maintain services at the Center. The attached Budget Ordinance incorporates this
change and will result in a cost savings this fiscal year.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01593-07
ORDINANCE NO. 2007-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2007-13 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2007/2008 FISCAL YEAR BY REVISING THE
2007/2008 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2007/2008 Operating and Capital
Budget as set forth in Exhibit "An attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2007-13, which Ordinance adopted a budget for the 2007/2008 fiscal
year, by revising the 2007/2008 budget as set forth on the attached Exhibit "An which
exhibits are deemed incorporated by reference as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
Ordinance No. 2007-
Page 2
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading and shall be applicable retroactively from and after
October 1, 2007.
The foregoing Ordinance was offered by Commissioner
, who moved its adoption on first reading. This motion was
seconded by Commissioner and upon being put to a vote, the vote
was as follows:
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as
follows:
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
PASSED on first reading this 2nd day of October, 2007.
2
Ordinance No. 2007-
Page 3
PASSED AND ADOPTED on second reading this 6th day of November, 2007.
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEG
HM
ITY ATTORNEY
SUSAN GOTTLIEB, MAYOR
3
Budget Amendments
GENERAL FUND
v'
Exhibit jO,
Expenditures
Community Services (5001-539)
Prof. Services - Community Center
Employee Salaries
Overtime
FICA
Pension
Health, Life & Disability
Worker's Compensation
Contingency
Training
TOTAL
3112
1201
1401
2101
2201
2301
2401
5901
5450
Total Amendments
225,000
808,531
6,500
61,853
99,760
151,354
32,518
1,500
4,500
1,391,516
-225,000
132,000
1,500
11,000
15,000
29,000
7,000
24,500
5,000
o
940,531
8,000
72,853
114,760
180,354
39,518
26,000
9,500
1,391,516
Pos. No.
5001
3004
5101
5201
5901
5401
5301
5601
5701-5710
5801
7701
7201
5901
1021
1031
1041
Position Title
Director of Community Services
Executive Assistant
Public Works Operations Manager
Parks and Recreation Services Supt
Recreation/Cultural Activities prog ram mer
Maintenance Worker
Engineer Tech/CAD Operator
Park Supervisor
Park Attendant (PIT)
Park Attendant (FIT)
Facilities Manager
Security Guard/Info Officer
Parks and Recreation Activites Manager
CRC Manager
CRC Assistant Manager
CRC Supervisor
Total Full Time
Total Part time
$/}
1
1
1
1
1
1
1
1
11
3
1
1
1
o
o
o
14
11
Page 1 of 1
1
1
1
1
1
1
1
1
14
3
1
1
1
1
1
1
17
14
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
BY: Joanne Carr, AICP
Planning Director ,_
FROM: Eric M, Soroka, IC
City Manager
DATE: September 20,2007
SUBJECT: Petition of the City of Aventura to Amend the City of Aventura
Comprehensive Plan by (1) Adding a new Element entitled
"Education Element" to the Plan; and (2) Amending the Capital
Improvement Element and Intergovernmental Co-ordination Element
to amend and add policies to support the new "Education Element";
and (3) Amending the Capital Improvement Element to adopt by
reference the City's 2007/08 - 2011/12 Capital Improvement Program
and to transmit these amendments to the Florida Department of
Community Affairs
October 2, 2007 Local Planning Agency Agenda Item 1. Q
October 2, 2007 City Commission Meeting Agenda Item 2-
January 8, 2008 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the following amendments to
the City of Aventura Comprehensive Plan:
(1) Addition of a new Element entitled "Education Element" to the Plan; and
(2) Amendments to the Capital Improvement Element of the Plan as follows:
. Amend Policy 2.4 of Objective 2 of the Capital Improvement Element to add
Level of Service standards for Public Schools and for the Aventura C~ty of
Excellence School
. Add a new Policy 4,18 of Objective 4 to adopt the Miami-Dade County Public
Schools Facilities Work Program by reference
1
. Renumber and amend existing Policy 4.18 of Objective 4 of this Element as
Policy 4.19 to adopt the 2007/08- 2011/12 Capital Improvement Plan by
reference
. Amend and add public school facilities to the Concurrency Management
section of this Element; and
(3) Amendments to the Intergovernmental Co-ordination Element of the Plan as
follows:
. Add a new Policy 1.21 to Objective 1 of the Intergovernmental Co-ordination
Element to co-ordinate the establishment of Level of Service standards for
public school facilities
. Renumber existing Policies 1.21 through 1.24 of this Element to Policies 1.22
through 1.25
It is further recommended that the City Commission approve the transmittal of the
plan amendments to the Florida Department of Community Affairs.
THE REQUEST
City staff is requesting amendments to the City of Aventura Comprehensive Plan to
add a new Education Element to the Plan as required by State statute, to amend the
Capital Improvement Element and the Intergovernmental Co-ordination Element to
amend and add policies to support the new Educational Element, to amend the
Capital Improvement Element to adopt the City's most recent Capital Improvement
Program into the Plan and to approve transmittal of the amendments to the Florida
Department of Community Affairs.
BACKGROUND
In 2005, the Florida Legislature mandated that public school concurrency be adopted
by all Florida school boards, counties and non-exempt municipalities by the end of
2008. See, Sections 163.3177(12)(i) and 163.3180(13), Florida Statutes. "School
concurrency" means that public school facilities will be required to be in place at the
time that the impacts of residential development are felt, similar to the existing
concurrency requirements for water, sewer, roads, drainage, parks and recreation
and other public facilities. Public school concurrency will be tested at the time of
subdivision or site plan approval (or functional equivalent), and is a function of the
size, type and location of the residential development. School concurrency will
replace the voluntary mitigation policy that the Miami-Dade County School Board has
been applying for the past several years.
City staff has been working with the staffs of the School Board, Miami-Dade County
and other non-exempt municipalities for over a year to advise the School
Concurrency Task Force and develop the Comprehensive Plan amendments that
are necessary to implement public school concurrency. In order to implement public
2
school concurrency, the City is required to adopt a new element in the
Comprehensive Plan called the Education Element and amend the Capital
Improvement and Intergovernmental Coordination Elements to include policies that
support the new element. In addition to the plan amendments required by State
statute, City staff is proposing new Comprehensive Plan policies relating to the
Aventura City of Excellence School (ACES), the City's municipal charter school.
Based on the data and analysis supporting the proposed Comprehensive Plan
amendments, the proposed level of service (LOS) standard for all County public
school facilities is 100% utilization of Florida Inventory of School Houses (FISH)
Capacity (With Relocatable Classrooms). The Florida Inventory of School Houses
(FISH) is a state report containing an estimate of the capacity of all public school
facilities in the state. This LOS standard is measured by and applicable in each
public school concurrency service area (CSA), which is defined as the public school
attendance boundary established by the Miami-Dade County Public Schools for each
school. The intent is to revisit the LOS standard after the full implementation of the
class-size reduction constitutional amendment in 2010, and determine whether it
would be financially feasible to change it to 100% utilization of permanent Florida
Inventory of School Houses (FISH) Capacity (Without Relocatable Classrooms).
City staff has included policies to adopt the same level of service standard for ACES.
Pursuant to state law, public school concurrency is to be adopted by all State
counties and municipalities by the end of 2008. According to the Department of
Community Affairs' schedule for implementation, public school concurrency is to
become effective in Miami-Dade County by January 1, 2008. Therefore, effective
January 1, 2008, the City will require all residential subdivision approvals and site
plans that are neither exempt nor vested to undergo public school concurrency
review.
Each such new development in the City will be reviewed by the School Board to
determine if there is capacity available at the affected schools (elementary, middle
and high school) or at contiguous schools. A credit will be provided against the
impact of proposed development for the districtwide capacity of those charter and
magnet schools that are not operating over 100% FISH capacity. Together, charter
and magnet schools, currently represent a combined total of 7% of the district
enrollment. If capacity is not available for the development, then the applicant will be
invited to propose proportionate share mitigation. If the proposal is acceptable, it
must be implemented via a tri-party agreement with the applicant, the City and the
School Board. If not, the development could end up being delayed or denied due to
the lack of school capacity.
City staff has included policies in our proposed Education Element to support a
request made by staff to the School Board to allow proportionate share mitigation to
be paid to the City rather than the School Board to support our municipal charter
school. To date, School Board staff has advised that they will not recommend City
3
staffs request. A request for all charter schools to be eligible for proportionate share
mitigation has been made by the Builders Association of South Florida, and this
request is being considered by a sub-committee of the School Concurrency Task
Force. If this request is accepted, ACES would be eligible for mitigation. Even if a
more limited version of this request is accepted, it could be tailored to make ACES
eligible.
The new Level of Service (LOS) standards and other new procedures, policies and
requirements contained in this Education Element will be incorporated, where
appropriate, into the existing Interlocal Agreement for Public School Facility Planning
between the School Board, the County and Miami-Dade municipalities. The
revisions to this agreement are currently under discussion by all parties. The most
recent draft of the agreement is attached as Exhibit #1 to this report and will be
transmitted with the Education Element to the Department of Community Affairs, as
supportive data and analysis. At the time the Education Element is being considered
for second reading, the final draft of the Agreement will be presented to City
Commission for approval. Attached as Exhibit #2 is a summary of the data and
analysis supporting the element, prepared by Miami-Dade County Public Schools.
This will also be transmitted with our proposed element.
In addition to the new Education Element, amendments are proposed to the Capital
Improvements Element of the Comprehensive Plan to add Level of Service (LOS)
standards for public schools and for the Aventura City of Excellence School and to
adopt the Miami-Dade County Public Schools Facilities Work Program into the Plan
by reference. An amendment is also proposed to the Intergovernmental Co-
ordination Element of the Plan to add a policy regarding co-ordination of Level of
Service (LOS) standards between the City, the Miami Dade County Public Schools,
Miami-Dade County and all municipalities participating in the Interlocal Agreement.
Lastly, one further amendment is proposed to the Capital Improvements Element.
State statute requires that the City annually adopt its Capital Improvement Program
into the Comprehensive Plan by reference. The proposed amendment adopts the
current 2007/08 - 2011/12 Capital Improvement Program.
ANAL YSIS
Section 31-53 of the City's Land Development Regulations provides that the
Comprehensive Plan may be amended in accordance with that section and in
accordance with the notice and hearing procedures set forth in both the Land
Development Regulations and the applicable Florida Statutes.
Notice of the proposed amendments has been properly published. The hearing
procedure requires one public hearing by the Local Planning Agency and two public
hearings by the City Commission. If adopted on first reading, the ordinance will be
transmitted to the Florida Department of Community Affairs (DCA) and applicable
4
agencies. The ordinance will be scheduled for second and final reading following
receipt of comments from these agencies.
The proposed element has been drafted to be consistent with the Miami-Dade
County element and to comply with all statutory requirements. The County has
transmitted its element to the State Department of Community Affairs and is now
under review. The State has advised the County that it will have comments on the
County element that may require revision to the transmitted element. If this is the
case, the City's element may need the same revision in order to be consistent.
These comments will be addressed for final adoption on second reading.
5
EDUCATION ELEMENT
EDUCATION GOAL
Develop. operate and maintain a system of public education in co-operation with Miami-Dade
County Public Schools and other appropriate oovernmental aoencies, which will strive to improve
the quality and quantity of public educational facilities available to the citizenry of the City of
Aventura.
OBJECTIVE 1
Work towards the reduction of the overcrowdino which currently exists in Miami-Dade County
Public Schools, while strivino to attain an optimum level of service pursuant to Obiective 2. Work in
co-operation with Miami-Dade County Public Schools and other appropriate oovernmental
aoencies to provide additional solutions to overcrowdino so that countywide enrollment in Miami-
Dade County's public schools will meet state requirements for class size by September 1. 2010.
Measure: Annual review by Miami-Dade County Public Schools to compare official enrollment of
the school system with the number of student stations available to determine the current operatino
level of service.
Policy 1.1
Continue to work with Miami-Dade County Public Schools in its efforts to continue to provide new
permanent student stations.
Policy 1.2
Continue to work with Miami-Dade County Public Schools in the City's efforts to operate, maintain
and expand alternative educational facilities to relieve overcrowdino at public schools, in so far as
fundino and rules permit.
Policy 1.3
Cooperate with Miami-Dade County Public Schools in their efforts to maintain and/or improve the
established level of service (LOS) standards, for Public Educational Facilities. as established for
the purposes of public school concurrency.
Policy 1.4
Miami-Dade County Public Schools' comments shall be souoht and considered on comprehensive
plan amendments and other land use and zonino decisions which will increase residential density,
in order to be consistent with the terms of the state mandated Interlocal Aoreement pursuant to
Sections 1013.33,163.3174 and 163.31777, Florida Statutes.
OBJECTIVE 2
The City shall coordinate new residential development with the future availability of public school
facilities consistent with the adopted level of service standards (LOS) for public school
concurrency.
Measure: Annual review, in cooperation with all parties to the Interlocal AQreement for Public
School Facility PlanninQ. of the latest adopted Miami-Dade County Public Schools Facility Work
ProQram to determine if the adopted concurrency level of service standards are beinQ met.
Policy 2.1
Upon public school concurrency becominQ effective, the adopted level of service (LOS) standard
for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School
Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard shall be applicable in
each public school concurrency service area (CSA), defined as the public school attendance
boundary established by Miami-Dade County Public Schools.
All public school facilities should continue to maintain or decrease their percent utilization of FISH
capacity (With Relocatable Classrooms). Public school facilities that achieve 100% utilization of
Permanent FISH capacity (No Relocatable Classrooms) should no 10nQer utilize relocatable
classrooms except as an operational solution.
Level of Service standards for public school facilities shall apply to those traditional educational
facilities, owned and operated by Miami-Dade County Public Schools, that are required to serve
the residential development within their established Concurrency Service Area. Level of Service
standards do not apply to maQnet schools, charter schools and other educational facilities that
may have districtwide attendance boundaries; however. their capacity is credited aQainst the
impact of development. No credit aQainst the impact of development shall be Qiven for such
districtwide educational facilities if their enrollment is at. or above. 100% FISH capacity (with
Relocatable Classrooms).
Relocatable classrooms may be used by Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard durinQ replacement. remodelinq. renovation or
expansion of a public school facility; and in the event of a disaster or emerQency which prevents
the School Board from usinq a portion of the affected school facility.
Policy 2.2
If demonstrated to be feasible, Miami-Dade County Public Schools and the City of Aventura will
strive for all public school facilities to achieve 100% utilization of Permanent FISH (No Relocatable
Classrooms) capacity by January 1. 2018. To this end. beqinninq January 1,2013 the Miami-Dade
County Public Schools should not use relocatable classrooms to provide additional FISH capacity
at any school except as an operational solution. Additionally. if feasible, beQinninq January 1, 2013
the Miami-Dade County Public Schools will implement a schedule to eliminate all remaininQ
relocatable classrooms by January 1, 2018.
Bv December 2010, the City in cooperation with Miami-Dade County Public Schools will assess
the viabilitv of modifyinQ the adopted LOS standard to 100% utilization of Permanent FISH for all
CSAs.
Policy 2.3
In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed
development's impact. the development may proceed provided at least one of the followino
conditions is met:
a) The development's impact can be shifted to one or more contiouous CSAs that have available
capacity and is located. either in whole or in part, within the same Educational Impact Fee Benefit
District as the proposed development: or
b) The development's impact is mitioated, proportionate to the demand for public schools it
created, throuoh a combination of one or more appropriate proportionate share mitioation options,
as defined in Section 163.3180 (13)(e)1, Florida Statutes, which shall be enforced by a leoally
bindino aoreement with the City and Miami-Dade County Public Schools: or
c) The development's impacts are phased to occur when sufficient capacity will be available.
If none of the above conditions is met. the development shall not be approved.
Policy 2.4
Concurrency service areas shall maximize capacity utilization, takino into account several factors,
includino transportation costs, student travel times, socio-economic obiectives, and recoonition of
the timino of capacity commitments. Other considerations for amendino concurrency service
areas may include safe access (includino factors such as the presence of sidewalks, bicycle paths,
turn lanes and sionalization, oeneral walkability), diversity and oeooraphic or man-made
constraints to travel. The types of physical or operational adiustments to school capacity that will
be considered in the County shall be determined by Miami-Dade County Public Schools' policies
on maximization of capacity.
OBJECTIVE 3
Obtain suitable sites for the development and expansion of public school facilities.
Measure: Annual inventory and assessment by Miami-Dade Public County Schools of its property.
Policy 3.1
In the selection of sites for future educational facility development. the City encouraoes Miami-
Dade County Public Schools to consider whether a school is in close proximity to residential areas
and is in a location that would provide a looical focal point for community activities.
Policy 3.2
Where possible, Miami-Dade County Public Schools should seek sites which are adiacent to
existino or planned public recreation areas, community centers, libraries, or other compatible civic
uses for the purpose of encouraoino ioint use facilities or the creation of looical
focal points for community activity.
Policv 3.3
When considerino a site for possible use as a school facility, Miami-Dade County Public Schools
should review the adequacy and proximity of other public facilities and services necessary to the
site such as roadway access. transportation, fire flow and portable water, sanitary sewers,
drainaqe, solid waste, police and fire services, and means by which to assure safe access to
schools, includinq sidewalks, bicycle paths, turn lanes, and siqnalization.
Policy 3.4
When considerinq a site for possible use as an educational facility. Miami-Dade County Public
Schools should consider whether the present and proiected surroundinq land uses are compatible
with the operation of an educational facility.
Policy 3.5
The City of Aventura shall continue to cooperate with adiacent local qovernments and Miami-Dade
County Public Schools in utilizinq Miami-Dade County Public Schools as emerqency shelters
durinq emerqencies.
OBJECTIVE 4
Miami-Dade County Public Schools, the City and other appropriate iurisdictions shall establish and
implement mechanism(s) for on-qoinq coordination and communication to ensure the adequate
provision of public school facilities.
Measure: Number of coordination and communication mechanisms, includinq Interlocal
Aqreements. established and implemented.
Policy 4.1
The City shall coordinate and cooperate with Miami-Dade County Public Schools, the County, the
State and other appropriate aqencies to develop or modify rules and requlations in order to
simplify and expedite proposed new educational facility developments and renovations.
Policy 4.2
The location of future school facilities should occur where capacity of other public facilities and
services is available to accommodate the infrastructure needs of the school facility.
Policy 4.3
Miami-Dade County Public Schools should coordinate school capital improvement plans with the
planned capital improvement proiects of the City and other County and municipal aQencies.
Policy 4.4
The City shall coordinate with Miami-Dade County Public Schools and the County to provide for
pedestrian and traffic safety in the area of schools and siqnalization for school facilities.
Policy 4.5
The City shall coordinate with Miami-Dade County Public Schools and the County to annually
review this Element and make amendments if necessary.
OBJECTIVE 5
The City shall continue to operate and maintain the municipally-owned Aventura City of Excellence
School (ACES).
Measure: Continued operation and maintenance of the Aventura City of Excellence School
(ACES).
Policy 5.1
The City and Miami-Dade County Public Schools shall follow the procedures established in the
adopted Charter School Contract. as amended from time to time, for operation, maintenance and
fundino of the Aventura City of Excellence School, which school is built to SREF standards of the
Florida 8uildino Code.
Policy 5.2
The mission of the School is to provide the residents of the City of Aventura an educational choice
for their children within the City limits while alleviatino some of the County's orowino educational
needs. The school will serve students in Grades Kinderoarten throuoh Eioht.
Policy 5.3
The City shall consider a proposal for proportionate share mitioation that provides improvement for
ACES, if the development is located within the City.
Policy 5.4
The Level of Service (LOS) standard of Policy 2.1 of this Element is hereby adopted as the LOS
standard for ACES.
Policy 5.5
The City shall use Florida Department of Education desion criteria to calculate the capacity of
ACES. .
Policy 5.6
The City shall strive to enroll a student population of 100% of the capacity in the adopted Charter
School Contract for ACES.
Education Element Map Series
Consistent with Section 163.3177(12)(0), Florida Statutes, maps showino existino and future
conditions are included in the element. A map series - Fioures 18 and 28 - has been included
which indicates the location of existino and proposed public schools and ancillary facilities over the
5-year plannino period. This map series was prepared by Miami-Dade County and is included,
alono with maps for existino and proposed public schools in four areas of the County that are
oenerally equivalent to the proposed Educational Impact Fee 8enefit District. in the County's
Education Element. The map has been revised by the City of Aventura to show the location of the
Aventura City of Excellence School (ACES).
Map locations of future public school facilities are oeneral and do not prescribe a land use on a
particular parcel of land.
Fioure 18- Existino Educational and Ancillary Facilities
Located in the Northeast Area - 2007
Revised to show Aventura City of Excellence School
Fioure 28 - Proposed Education and Ancillary Facilities
Located in the Northeast Area - 2012/13
Figure 1 B - Existing Educational and Ancillary Facilities
Located in the Northeast Area - 2007
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SOURCE: MIAMI-DADE COUNTY,
PUBLIC SCHOOL SYSTEM, 2007
112TH HY
~ Elementary
. K-8 Center
*
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+ Other Educational Facilities
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Figure 28 - Proposed Educational and Ancillary Facilities
Located in the Northeast Area - 2012/2013
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SOURCE: MIAMI-OADE COUNTY,
PUBLIC SCHOOLS SYSTEM, 2007
Legend
.
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+
K-8 Center
.
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*
Senior High School
+
Other Educational Facilities
.
Ancillary Facilities
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o 2008-2013 School Openings
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j
AMENDMENT TO CAPITAL IMPROVEMENT ELEMENT
Policy 2.4
The Five-Year Capital Improvements Program, or the City's contract providers as appropriate,
shall incorporate the identified capital investments from each functional element and will be based
on the following LOS standards:
Potable Water Supply... Fire Protection...
Public Schools
The City shall coordinate new residential development with the future availabilitv of public school
facilities consistent wit the adopted level of service standards for public school concurrency, bv
reviewinq residential plats, site plans and their functional equivalent for their impact on level of
service standards.
Upon public school concurrency becominq effective, the adopted level of service (LOS) standard
for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School
Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard shall be applicable in
each public school concurrency service area (CSA), defined as the public school attendance
boundary established bv Miami-Dade County Public Schools.
All public school facilities should continue to maintain or decrease their percent utilization of FISH
capacity (With Relocatable Classrooms). Public school facilities that achieve 100% utilization of
Permanent FISH capacity (No Relocatable Classrooms) should no lonqer utilize relocatable
classrooms except as an operational solution.
Level of Service standards for public school facilities shall applv to those traditional educational
facilities, owned and operated by Miami-Dade County Public Schools, that are required to serve
the residential development within their established Concurrency Service Area. Level of Service
standards do not applv to maqnet schools, charter schools and other educational facilities that
may have districtwide attendance boundaries: however, their capacity is credited aqainst the
impact of development. No credit aqainst the impact of development shall be qiven for such
districtwide educational facilities if their enrollment is at, or above, 100% FISH capacity (with
Relocatable Classrooms).
Relocatable classrooms may be used bv Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard durinq replacement, remodelinq, renovation or
expansion of a public school facilitv: and in the event of a disaster or emerqencv which prevents
the School Board from usinq a portion of the affected school facility.
Aventura City of Excellence School (ACES)
The Level of Service (LOS) standard set out above for Public Schools is hereby adopted as the
Level of Service (LOS) standard for ACES.
Policy 4.18
To address financial feasibility associated with school concurrency, Miami-Dade County Public
Schools Facilities Work ProQram for educational facilities, as formally adopted by Miami-Dade
County Public Schools in September, 2007, is hereby adopted by reference as part of the Capital
Improvement Element.
Policy 4.13~
The City of Aventura 2005/06 2009/102007/08 - 2011/12 Capital Improvement Program and the
Capital Improvements Schedule included therein, contains a schedule of projects that the City
shall implement in order to meet its adopted Level of service standards and ensure the financial
feasibility of this Comprehensive Plan. The 2005/06 2009/102007/08 - 2011/12 Capital
Improvements Program is hereby adopted by reference as part of the Capital Improvement
Element.
Concurrency Management System
A key component of the Growth Management Act is the concurrency management system.
Section 163.3202 F.S. requires local governments to amend its land development regulations to
incorporate specific and detailed provisions which shall provide that public facilities and services
meet or exceed the LOS standards established in the Plan's Capital Improvements Element and
are available when needed for the development, or that the development orders or permits are
conditioned on the availability of these public facilities and services necessary to serve the
development. Chapter 163.3164, F.S. defines 'development order' to include any zoning action,
subdivision approval, certification, permit, or any other official action of local government having
the effect of permitting the development of land. A variety of such development orders are
typically issued by local governments. These include zoning district boundary changes, variances,
unusual use, and site plan approval; environmental permits and certifications; tentative and final
subdivision plat approval; building permits, and certificates of use and occupancy.
In order to implement the concurrency requirements mandated by Chapter 163, F.S. the City of
Aventura shall enact by ordinance, a concurrency management system which accomplishes the
statutory requirements. Administration of the required program involves the establishment of
methods and capabilities to monitor outstanding development commitments and service demands
posed by such commitments, plus the existing, programmed and projected capacities of all
pertinent urban service facilities or systems.
The Aventura concurrency management system shall make appropriate concurrency
determinations in conjunction with the following development approval activities:
1) at the time of zoning actions, site plan approvals and subdivision approvals;
2) prior to the issuance of building permits; and,
3) prior to the issuance of certificates of use and occupancy.
In general, no zoning action authorizing a new use or the expansion of an existing use and no
subdivision plat or site plan shall be approved unless the facilities necessary to maintain level of
service standards exist or are projected to exist when necessary to serve the development. Zoning
approvals shall be based on inclusion of necessary facilities in the applicable Element of the Plan,
or in the plan or work program of the agency having jurisdictional responsibility for provision of the
facilities. Such findings shall be included in staff recommendations to the City Commission, or
other applicable board. If the foregoing plans and programs indicate a low probability that
concurrency will be met, but the necessary facilities are technically feasible, such rezoning action
should be preceded by an amendment to the appropriate plan or work program to add the
necessary facilities. Alternatively, such zoning may be approved if the applicant executes a written
agreement to provide the necessary facilities on a timely basis. All such development approvals
prior to the 'Principal Concurrency Determination' will contain a notice reserving the right of the
City to make its principal concurrency determination prior to the issuance of building permits.
A principal concurrency determination will be required prior to obtaining any subsequent
development order. It is intended that at least one principal concurrency determination be made at
an early stage in the development planning process, prior to the point at which major expenses are
incurred in reliance on development approval. Principal concurrency determinations will be made
prior to the approval of subdivision plats or, in instances where plat approvals are not required or
have predated the effective date of the concurrency requirement, a principal concurrency
determination will be made prior to issuance of a building permit. A principal concurrency
determination made at final plat approval will serve as the determination of requested building
permits where said permits are issued within two (2) years after the date of final plat approval.
Where the applicant demonstrates that development has commenced on a timely basis and is
continuing in good faith, this period may be extended but in no case shall this period exceed five
(5) years after final plat approval. Administrative procedures for demonstrating that development
has commenced on a timely basis and is continuing in good faith shall be established in the land
development regulations.
. Except as provided below, in no instance shall a building permit be issued authorizing
construction of a new building or expansion of an existing building unless facilities
necessary to maintain LOS standards are existing and available or are assured to be
existing and available within the following timeframes~ relative to the date of issuance of a
certificate of use and occupancy (CO)
1) Necessary water, sewer, solid waste and drainage facilities must be in place and
available at the time of issuance of a CO;
2) Necessary park land must be dedicated to and accepted by the City no later than
the date of issuance of the first CO for that development or funds in the amount of
the developer's fair share shall be committed prior to the issuance of the first CO
unless the developer has entered into a binding agreement to dedicate an improved
park site within twelve months after issuance of the first CO;
3) Necessary transportation facilities must be contracted for construction no later than
36 months after issuance of a CO
· Assurance that the facilities (the term facilities shall mean or shall include land, and
the phrase 'construction of facilities' shall mean acquisition of land, when applicable
to a Plan LOS standard) will be constructed, or acquired and available, within the
timeframes established in the above paragraph shall be provided by the following
means:
(4) Necessary public school facilities must be in place or under actual construction
within 3 years after issuance of final subdivision or site plan approval or the
functional eauivalent. or assured bv a proportionate share mitiaation aareement.
4i2) The necessary facilities are under construction at the time the building permit is
issued;
aQ) The necessary facilities and services are the subject of a binding executed contract
for the construction of the facilities or the provision of services at the time the
building permit is issued;
9Z) The necessary facilities are funded and programmed in the first year of the
implementing agencies adopted capital budget or are programmed in the CIE for
the construction or acquisition; the necessary facilities shall not be deferred or
deleted from the CIE work program or adopted one-year capital budget unless the
dependent building permit expires or is rescinded prior to the issuance of a
certificate of use or occupancy;
+~) The necessary facilities are programmed, in the five ye3r first three (3) years of a
capital facility plan or work program of the State agency having operational
responsibility for affected facilities, for construction or acquisition;
g~) The necessary facilities and services are guaranteed, in an enforceable
development agreement, to be provided by the developer. An enforceable
development agreement may include, but is not limited to, development
agreements pursuant to Section 163.3220, F.S. or an agreement or development
order issued pursuant to Chapter 380, F.S.; or
91Q) Timely provision of the necessary facilities will be guaranteed by some other means
or instrument providing substantially equivalent assurances.
.:t-Gll) Where solid waste disposal facilities are to be available for years 3 through 5
pursuant to the adopted LOS standard are not in place and available prior to the
issuance of a CO, a commitment for that capacity to be in place and available to
accommodate projected demand in those future years shall be made through the
means above, prior to the issuance of a CO.
+4 g) A proposed development will not be denied a concurrency approval for
transportation facilities provided that the development is otherwise consistent with
the adopted Comprehensive Plan and it meets the following criteria pursuant to
Section 163.3180, F.S.:
The proposed development is located within the Urban Infill Area (UIA), as
adopted and described in the 1997 Miami-Dade County Comprehensive
Development Master Plan Capital Improvements Element and the
Transportation Element, Traffic Circulation Subelement Policy 1 B.
It is anticipated that after building permits are issued, determinations of concurrency prior to the
issuance of cas may simply involve review and verification of compliance with terms and
conditions set forth in the foregoing paragraphs.
The concurrency management system is solely used to implement minimum level of service
standards. In the review of applications for development orders, neither the satisfaction of these
minimum standards, nor exceptions from them, shall preempt the City of Aventura from
considerations of any other standards nor criterion set forth in the applicable development
regulations.
AMENDMENT TO INTERGOVERNMENTAL COORDINATION ELEMENT
Policy 1.21
The City shall coordinate with Miami-Dade County Public Schools, the County and other parties to
the adopted Interlocal AQreement for Public School Facility PlanninQ to establish LOS standards
for public school facilities and any amendments affectinQ public school concurrency.
Policy ~ 1.22
The City will annually review Miami-Dade County Public School's Tentative District Educational
Facilities Plan and the 5-Year Workplan, as provided for in the "Interlocal Agreement for Public
School Facility Planning in Miami-Dade County". This review will include an analysis of the
Tentative District Educational Facilities Plan and the 5-Year Workplan's consistency with the
Comprehensive Plan, and the identification of any necessary Comprehensive Plan amendments.
Policy ~1.23
The City shall continue to coordinate with the State and other agencies, as appropriate, in
achieving the goals, objectives, and policies of the State Comprehensive Plan.
Policy -1-.231.24
The City shall continue to coordinate with the South Florida Regional Planning Council, and other
agencies as appropriate, in achieving the goals, objectives, and policies of the South Florida
Strategic Regional Policy Plan.
Policy ~1.25
The City shall coordinate, as appropriate, with the State of Florida, South Florida Regional
Planning Council, Miami-Dade County Public Schools, and other agencies in the adoption of a
Public Schools Element into the Comprehensive Plan by 2008. Areas to be addressed in the
Public Schools Element include, but are not limited to, public school concurrency requirements,
coordination with other jurisdiction in the development and implementation of uniform school
concurrency procedures, proportionate share school impact mitigation options for developers, the
collocation of schools with other public facilities, the location of schools proximate to residential
areas, the use of schools as emergency shelters, the location of existing and planned school
facilities (including maps).
July 17, 2007 Transmittal Draft
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
IN MIAMI-DADE COUNTY
This ,4tl]EJlQQQ anj. Hest8'u~d_.6greement is entered into between Miami-Dade
County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), the rLlliniciQalities__" of City of Aventura, Town of Bay Harbor Islands,
City of Coral Gables, Village of EI Portal, City
of Florida City, City of Hialeah, City of Hialeah Gardens, City of Homestead, ,
Village of Key Biscayne, City of Miami, City of Miami Beach, Town of Miami
Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village,
City of North Miami, City of North Miami Beach, City of
Opa-Locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami,
City of Sunny Isles Beach, City of Sweetwater, and the City of West Miami
(hereinafter collectively referred to as "Cities"), and The School Board of Miami-
Dade County, Florida, a political subdivision of the State of Florida, (hereinafter
referred to as "School Board").
{NOTE: The following Municipalities are not parties because they have claimed
an exemption. Village of Bal Harbour, Village of Biscayne Park, Town of Golden
Beach, Village of Indian Creek, Town of Medley, Town of Surfside, and Village of
Virginia Gardens. Please note that the exemption requirements have changed,
which will likely require some of these municipalities to enter into this agreement
For example, as few as 50 building permits over 5 years can trigger loss of the
exemption.}.
RECITALS
WHEREAS, the County, Cities and the School Board recognize their mutual
obligation and responsibility for the education, nurturing and general well-being of
the children within their respective communities; and,
WHEREAS, the School Board has the statutory and constitutional responsibility
to provide a uniform system of free and adequate public schools on a countyWide
[lgree,1T1 e nt_
tl)~f',gr.~,m~ot
.-.illLQII.9.ll:l811 \~'?QQ2R..i.jJ!l2 00.130ill b I ned .In. to Qilli...r.?~!?jQ;LjJ}t&.ILQca I
for the 2007 l\mendment t.Q
Exhibit #1
03-CPA-07
Deleted: a
Deleted: Cities
Deleted: Village of Indian Creek
Deleted:
Inserted:
July 17, 2007 Transmittal Draft
basis; and,
WHEREAS, the County, Cities, and School Board recognize the benefits that will
flow to the citizens and students of their communities by more closely
coordinating their comprehensive land use and school facilities planning
programs: namely (1) better coordination of new schools in time and place with
land development, (2) greater efficiency for the school board and local
governments by placing schools to take advantage of existing and planned
roads, water, sewer, and parks, (3) improved student access and safety by
coordinating the construction of new and expanded schools with the road and
sidewalk construction programs of the local governments, (4) better defined
urban form by locating and designing schools to serve as community focal points,
(5) greater efficiency and convenience by co-locating schools with parks, ball
fields, libraries, and other community facilities to take advantage of joint use
opportunities, (6) reduction of pressures contributing to urban sprawl and support
of existing neighborhoods by appropriately locating new schools and expanding
and renovating existing schools, and (7) improving the quality of education in
existing, renovated and proposed schools; and,
WHEREAS, Section 1013.33, Florida Statutes, requires that the location of public
educational facilities must be consistent with the comprehensive plan and
implementing land development regulations of the appropriate local governing
body; and,
pver
_and
WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local
government to adopt an intergovernmental coordination element as part of their
comprehensive plan that states principles and guidelines to be used in the
accomplishment of coordination of the adopted comprehensive plan with the
plans of the school boards, and describes the processes for collaborative
planning and decision-making on population projections and public school siting;
and,
WHEREAS, Sections 163.31777 and 1013.33, Florida Statutes, further require
each county and the non-exempt municipalities within that county to enter into an
interlocal agreement with the district school board to establish jointly the specific
ways in which the plans and processes of the district school board and the local
governments are to be coordinated; and,
WHEREAS, the 2005 Florida Leqislature adopted Chapter 2005-98, Laws of
Florida, codified at Sections 163.31777, 163..3180('13) and ~i012.'.:..:?J... Florida
Statutes, which, in relevant part, required that all school interlocal aqreements be
updated to reflect a new statutory mandate to implement DubJic__ school
2
July 17,2007 Transmittal Draft
concurrency; andINHEHE/..I,SJ tile ~~1l.ooi Boa[Q-,-Cou(J:Y_2ndI]1?~..bs:,ve "i'UiftL~
geternlined that it j~; neces:3ati- ;,3.nci 2d2..Ql9J)riate to coorJerate vvU:h 80Ch _ c)tl~!:E~'CJ;S?
~.9..Qid i n a@Jh ~JlPtJrO\lC3,J of J:.~.?j.9 e iJJl.2.iLi1 eYS'10:.JJ ("Q~Clt II.JJtDcilsu;U:(2yi s iQX..LS2U.:t9:.f~g.lL<.:1:l.f,
public school facilities JIL3 . timelY rn0.nne~and2L2J.)jJrorJri2!tE:j..2~'AljonG...j()
,elirrJ1.oate E~ny deficit of capacitv E~n(LRro\Jj:1~ c<!pacilv_19r DrQJ~~g,iJE',j\f qI~[:!Yttl,,_
?S fur~her sDecihed herein: ~jnd
INHERE/-\S, the Count\! and Cities are entei"in~L intQ....1tiis j~rn~n(ji:t~:L?Qi.l.J3!=.:::?:G2t..~o..cj
iL\greement in reli2ll~Qn ttLe ;$..ghooi _~i9?rQ:..~.gJJ..i.~i9.tjoq.....tQ....Pf~3Xf~c...2j9!,,)Pt..(~n()
implement a financiall\! feasible C~Qit8i faciiitie?..j2J:Q.9l.S'!rn Jh~~Li'i!mJ'"s'~~!S...iIl.P!J,.f2.lj!;2
schools operatin..GL.?t the ~dopted Level or Gentler,:.; Standard con,;i~,i~;J:!.t.. V\F,ijtdtlr;o
timing specified in the Schaal Board's ;3dQjJted ny~:::y.~.J:.....slig[lGt!-"2~\!d.Q.'JliQfiSll
fSJ91ities _plarLl..hel'eiQaftQL I"e~rred hL..2S lh0L "Di,~th~LE9Cilill!::lL \i\/qr:_cCQfJiI:lrnJ;
9J1Q
~NHEREAS, the Schoo! B.oard.has further comrniU(",d to .!"lpdate..Q:lJ.0L.EddopUris!
District Facilities Work Program veariy to add en(~1-Q.0paciiYJD._jhc::: n~v....Jifth
year to address proiected ....Qrovvth and to adjusU:he J)ist!J.ct .Y:8r~@ie3?.....l.yr2JJs
.E..roqrarn in order to maintE?!n the adopte<;l Level 9f Sery!!;~.Q__519jJ~j~'!:rL.9DiLJQ
demonstrate that the utilization of schoo! cE!..i2..acit\[ is_[na;<irr.it':02;......t,Q.Jh(.::.~gJ2f!:l~?J
extent possible pursuant to Sections '163 3180{J..~H5"m......21i~LIQ'i ~;';2,_.fls"rlg.Q:
Statut.?~ and
WHEREAS, Y entering into this f\rnended and F~estated 6greement the School
Board, County, and the Cities are fulfilling their statutory obligations and
requirements recognizing the benefits that will accrue to their citizens and
students described above
AGREEMENT
NOW THEREFORE, be it mutually agreed between the School Board, the
County and the Cities that the following procedures will be followed in
coordinating land use and public school facilities planning:
Section 1. Joint MeetinQs
1.1 StafllNorkinq Group: A Staff Working Group comprised of the County
Mayor/Manager and/or designee, School Board Superintendent and/or
designee, and City Mayor/Manager and/or their designees will meet at
least on a semi-annual basis to discuss issues and formulate
recommendations regarding public education in the School District, and
coordination of land use and school facilities planning, including such
issues as population and student projections, development trends, a work
program for five.......ilil, ten.-l1Ql and twenty (20} year intervals and its
relationship to the local government comprehensive plans, particularly as
it relates to identification of potential school sites in the comprehensive
plan's future land use map series, school needs (school capacity and
...,
:J
Deleted: 11
Deleted: B
Deleted: a
Deleted: ,
July 17, 2007 Transmittal Draft
school funding),
collocation and joint use opportunities, and ancillary infrastructure
improvements needed to support the school and ensure safe student
access. Representatives from the ~Q1ltL._Fir~j.r):2__Regional Planning
Council, the Latin Builders Association and the Builders Association of
South Florida will also be invited to attend and participate. Meeting.;:; of the.
working group shall be held upon at least lhiXtd30i days written advance
notice, and shall be coordinated by the School Board Superintendent, or
designeee Th~ Stan 'Y'yorkin!J Group shaii m.f~LI.!SLJ.;3.i..QLjtJ9LL!Ylg,:::tLJJ
eactLyear to address student ~moi!rnE"::Jnt pr:9JectionI~j3i1d t~y !\rJril;Vj "~J.1
October 31 of._ each \leaf to address the Qidb!ic sc.t19!JU:QlJ..QHJ.:~l~Y
manaqernent systeiIl, and ClD.Y_i2roposed arnenQlTiGiTl::Lto _-.:UJe sQt\!:joi-
related comprehensivE. pian provisions. The p,Dri! 30 deadline :'?JJ.s)L~iQ:2l.:{
yyhere chanqes ill~J2r.52Q~ecl fQr-YJ1~:..-.~9JdI~L~.vfLrst _gQJ}JJ2L~J.~31~i.~J.~l~~..
amendrnent c'{~!e Qf tile tollovvlo.g~1Eat, 8Jlg.Jh~..~{)~tr..~.t~.~'~L_1j_de9sli~D.Q..~!t~?H
applv for changes prorJos~~L in the secoil(:;Lg)'C!f:L cU.it€. fQjk~\0!iiILr~LY..C~L
1.2 Elected Otfic~a/.s Forum: _The School Board Superintendent and/or
designee shall coordinate a" joint workshop session,3U!??st.3!Ji!!l9liLand
invite one or more representatives of the County Commission or their
designee, the governing body of each City or their designees, and the
School Board or their designee(s). A representative of the SouthJ:::1Qrj:J..~
Regional Planning Council will also be invited to attend. The School Board
shall provide the meeting invitations with at least thirtyj301 days advance
written notice of such meeting to the person designated as a contact in
this ,6,rnended and Restated Agreement., Modifications and amendments
shall be considered by each party to this I\mendf?d and_E&_~18teq
Agreement in accordance with Section 1,5: and m8J!: be di~~lJssec!__0.tJ1JE
joint workshop sessions. The joint workshop sessions provide
opportunities for the County Commission, the City Commissions or
Councils, and the School Board to hear reports, discuss policy, set
direction, and reach understandings concerning issues of mutual concern
regarding public education, and coordination of land use and school
facilities planning, including population and student growth, development
trends, school needs, off-site improvements, Pyj2JJ.~L
school capacity, school funding, options to reduce the need for additional
permanent student stations, and joint use opportunities.
Section 2. Student Enrollment and Population Proiections
2.1 In fulfillment of their respective planning duties, the County, Cities, and
School Board agree to coordinate their plans upon consistent projections
of the amount, type, and distribution of population growth and student
enrollment. Countywide five--1.22-year population projections shall be
updated at least once every twoj2J years by the County. The School
Board may enter into a separate agreement with the County for the
4
Deleted: The Initial m
Deleted: , provided however, that
the School Board staff shall use Its
best efforts to schedule the initial
meeting to occur In a timely manner
to provide meaningful partiCipation by
local governments In the School
Board's 2003-04 planning process
Deleted: n
Deleted: bl-annual
Deleted: s
Deleted: The initial JOint workshop
session shall be held within six (6)
month s of the date of the execution of
the Interlocal Agreement by all
parties, but no later than March 1,
2004 to present, diSCUSS, consider
and negotiate modifications or
amendments to the Agreement,
provided however, that any such
modifications and amendments shall
be consistent with the statutes
the Agreement.
Deleted: 4
July 17,2007 Transmittal Draft
preparation of student enrollment projections. Updated County and
School District data shall be provided at least once every twoj21 years for
review at the Staff Working Group meeting described at Subsection 1.1.
22 The School Board shall utilize student population projections based on
information produced by the demographic, revenue, and education
estimating conferences pursuant to Section 216.136, Florida Statutes,
where available, as modified by the School Board based on development
data and agreement with the local governments and the Office of
Educational Facilities and SMART Schools Clearinghouse. The School
Board may request adjustment to the estimating conferences' projections
to reflect actual enrollment and development trends.. US!llfLihe C(}J=iQCn
p roiecti 0 n V\I a i ve I. 2\@.i 18 bG~....QrLJti~._EJ.Q!:Lr..@_Q~~J2?~im:;?DL.9.L.[;;9J!.~:?:,.ijg!:l
website. In formulating such a request, the School Board will coordinate
with the Cities and County regarding development trends and future
population projections.
2.3 The School Board, working with the County and Cities via the Staff
Working Group, will use the information described in subsection 3.4 and
any other relevant information provided as part of the requirements of this
Amended and Restated Agreement, to allocate projected student
enrollment by Minor Statistical Areas. "
Section 3. Coordinatina and Sharina of Information
3.1 Tentative District Educational Facilities Work Program; By fVl5i':L~l:L of
each year, the School Board shall submit to the County and v Citi.?:...~ the
tentative district educational facilities prior to adoption by the Board. The
tentative plan will be consistent with the requirements of Section 1 013.35,
Florida Statutes, and include projected student populations
geographically, an inventory of existing school facilities, projections of
facility space needs, information on relocatables, general locations of new
schools for the flve.J.5)-, teD.J102., and h~~~r.ltV....c20J.-year time periods, and
options to reduce the need for additional permanent student stations. The
tentative plan will also include a financially feasible district facilities work
program for a fL\@J5}.year period. The Cities and County shall review and
evaluate the tentative plan and comment to the School Board i~LJ.':JJ.~_}.Q,
on the consistency of the tentative plan with the local comprehensive plan,
including its compatibility with the comprehensive plan's future land use
map series, and whether a comprehensive plan amendment will be
necessary for any proposed educational facility. The Schoo! [:3oard....:?ha!l
provide the District's adopted Facilities Work Pro~il.tO ttL~~.r;.:.Q.YJ:rtLf,mc[
Cities no later than OQtober 20, and)i shaH b.s; adopted inic~..!.tle (~Q!d.rE{S
and Cities' cornpreliensive pians each year no. later t!1.an_Decfl.mb~ 1~"
3.2 Educational Plant Survey: The School Board will remain responsible
for reporting and submission of updates. The Educational Plant Survey
shall be consistent with the requirements of Section 1013.31, Florida
5
Deleted: Interlocal
Deleted: The allocation of prOjected
student enrollment will be determined
at the first staff meeting described in
subsection 1 1
Deleted: Plan
Deleted: June 30th
Deleted: each
Deleted: y
Deleted: Within 60 days
Deleted: 11
July 17,2007 Transmittal Draft
Statutes, and include at least an inventory of existing educational facilities,
recommendations for new and existing facilities, and the general location
of each in coordination with existing land use plans. The Staff Working
Group, in accordance with the procedure outlined in Section 3.5, will
evaluate and make recommendations regarding the location and need for
new, significant renovation or expansion, closures of educational facilities,
and the consistency of such plans with the local government
. comprehensive plans and relevant issues including, but not limited to,
those listed in subsections 4.3, 7.6, 7.7 and 8.1 of this
Restated Agreement.
3.3 Educationaf ,cacilitre::i.lrnJ2..gs;i F~~!~_!)[c!i!Ji.'i!.1!;.:&~_..The County and the
School Board shall review illJ~.,,!st the
Educational Facilities Impact Fee Ordinance, its formula, and the
Educational Facilities Impact Fee Methodology and Technical Report, and
if appropriate, make recommendations for revisions to the Board of
County Commissioners.
1':1.\ 'Ilea. rs after II'''' er.I+"'ctivc, rda.fo oJ .['.he l.rY)n~'C'.l'. 'I'oe '1"cl'"';:'''-j(''''' ~c, ~rj'IP"'I~i<',(.l';
l2...L.:_ ' I ~ :". <,J -~~-~--.:.:..'::"__~.~..~..~~.J.!s:!!?.:.....!__,,""::;:"_'._~::l-,~!.:..:,:::~!.._-1._.~-::";".':;:":~-;':""~~"M_,..,:,"""_l,...\-,:,';:;:"..
Among the goals of this ,review will be the adjustment of impact fee
structure to ensure the full eligible capital costs, as allowed by the
governing ordinances, associated with development of public school
capacity is included. In reviewing the Educational Facilities Impact Fee
Ordinance., the County and School Board shall employ their best efforts to
evaluate a more equitable distribution of impact fee assessments". The
School Board and County Yy.ilt provide for local government, industry and
citizen participation and input prior to submitting recommendations to the
Board of County Commissioners for substantive revisions to the
Educational Facilities Impact Fee Ordinance, its formula, and/or the
Educational Facilities Impact Fee Methodology and Technical Report,
including the adjustment of impact fee structure or benefit district
boundaries.
3.4 Growth and Development Trends: By _$..2..Qt~bei ~.Q.__of each year,
local governments will provide the School Board with a report on growth
and development trends within their jurisdiction, based on the mQ2._(';;~i(~J:it
available data " This report will be in tabular, graphic, and/or textual
formats and will include the following:
(a) The type, number, and location of residential units, which have
received zoning approval. plat apPI'qy;.J.! or site plan approval;
(b) Information regarding adopted future land use map
amendments, which may have an impact on school facilities;
(c) The County shall report to the School Board the school impact
fees collected annually on building permit applications~_IbL~ report
shall include the amount of the fee collected and location of the
proposed residential development. The School Board shall report
to the County to each City how the impact fee revenue and all other
6
Deleted: a
Deleted: annually
Deleted: annual
Deleted:
Deleted: Including redistricting to
create easUwest alignments of benefit
districts throughout the County. Such
benefit districts should combine urban
mfill and emerging development
areas within the County
Deleted: are encouraged to
Deleted: January 31"
Deleted: the previous calendar year
Deleted: ,
Deleted: , said
July 17, 2007 Transmittal Draft
school contributions have been spent within the Benefit District in
which it was collected. All data shall include source information for
verification and be provided in a format consistent with other capital
expenditures;
(d) Information, if available, regarding the conversIon or
redevelopment of non-residential structures into residential units
that are likely to generate new students, and., conversely"
information on the number of residential units converted to non-
residential uses; and
(e) The identification of any development orders issued that contain"
a requirement for the provision of a public school site as a condition
of development approval.
3.5j\Jew, fJsR.angei;L?J!s11~nQY,?Jsi~L:.?s;:h2.?i_E?[.;J.!.WQ~:~.The Staff Working
Group shall provide recommendations on the planning of new
facilities, additions or renovations for consideration by School Board
staff and the f;d],ool J?it~,~la.illJIlJ.9-_<lQ(;t,~QX}.::?.tn.d5;JiQILJ,~,f2mrnittf)(,~
CSSPCC] in formulating the tentative district educational facilities
plan. Likewise, the Staff Working Group shall also provide input and
comments, recommendations on the update of the Five-Year
Educational Plant Survey and any revisions thereto.
Man::Jl 3.L_~Staff Workinq Grgup !Tl~~liD...9.l~~~nL9.1[D:lS'rL~.Q2)i.~~Ji(l.n~.
$.:\pril 30 Stafr WQrL\11l9_(.JroupJ:Jl~titJQ__r?-_9nv r:),t:Q.Q(;?ed?,!:C!S2:rEil.l1,E~[}t;;,
to the seb 00 t-(e!ateg:Si-~Jllis;h en ~jye J21~ II Q(Q\LL~g..o?J2!.gp,p,~5~s;1J~).UIJ::;;,..tiLc;.i
County transmittal_Q.Y5J~
Mav ::;"i Planning, Forum to r~~\lie\N T 0Ilta1j\fe,_~1:?gj1aiJ:'.l?J1__iDg.L~l,ginfJ
but not lirnited to. new schools, 8ddition_s-.Qosur~~,_.2l.l(:L,...::?lg!:!ltl~2~j}t
renovations"...!?! a Joint lVieetinq of tile S.t?ff WorkinR Gro,lJ.P 8r10JJJQ,..?9Y)(~
Si~Plannitlg and Construction ComrnitteeJ13SpC(J
June 30
.jEl1[Q~UJE:~~fJ-.:~.t.J:~J?:~rLn_U2g
[arum
7
Deleted: ,
Deleted: s
Deleted: 3.5
Deleted:
, Deleted: '11
(l:~~~~~:~
July 17, 2007 Transmittal Draft
EaciIL~f& Plan to C;:ounlY....and giti8.;?
Se pte ~11 be ~~ 30 _~.__S (;1"1 OOt ..~QC~ rQ-9~!~2J2JJQ.oslfJ2.L~Il.~~r~~~lQfk~iglJ:J.'I[(;j~_"'~~~'j:~:.~l.~~
Plan-E~_a part of tb~_ Te.Dtative E9JJ.~.:ahonaIJ.=ElglliLL~3 F~t~~n
Octobeli" 20 Sch90! Board!s j2I9~~.sioJ}._of .-!;oJ2J(__ OL..9Q.9IJ!~9"__\!E~.L~j_QIJ.
Dist!:k;Ui.11j;ldatecl Fi'.{:~J~E;ar Pian to GOi..yrlV ailc!iJ.t!~s..
October ~i Staff Workinq Qroup m~ei:iDQJ~.9..!J..Y._l2Lopose.~L;ZTn<2nd.II'(":nJ:~
to the sch 00 i-r?l~E::d corilP ref! e n ~ iVf-LJL!9 n JLLQVisJ.Qr.E~L.".i2r.2QQ~~.~L". tQ.C__.ttl~2
second COUfltY- tr8nsrr:D1t@L(N..f~
DecembQ~.__ District's_
d F~
J__.f:illi'J..J?1~~;~Yl~:19ILSJJ~_~~i~~.9Pl~!L..Y~~ri?jQXE?__Jo
School Board
8
July] 7,2007 Transmittal Draft
3.6
Public School !~~acilijjs::!Lj:;:'ieme!J.L
(a) Initial comprehensive plan amendments related to the Public Schools
Facilities Element to satisfy the requirements or Q1iiI21flL:}!}Q5. fHLJcl-2.1(!.!iS~t
Florida: The amendments to the P~blic ~gtiQQ.Lf;39Jldes.J;J'}J:rl~Ut and
related amendments to the Capital Improvements Element and the
Interqovernmental Coordination Element in the County's and Cities'
comprehensive plans ("school-related element amendments" or "school-
related element provisions") required to satisfy (:t!..s121~L~9.Q.tdJ3.!L(~Y~:'.()~
Florida are beinq adopted into the comprehensive plans of the County and
Cities concurrently with the execution of this (:-mended C:iU() f:c>lai"ld
Aqreement by the County and Cities. Some provisions relevant to public
schools may remain in the Future Land Use Element or other elements as
may be appropriate.
(b) Subsequent school-related element amendments: Thereafter, the
experience 'with impleme,ntir~[; the revised comprehensive plans and the
School Board's District Faciiitie;3 Work.. X?ro.9I?:iIL shall be reviewed by the
County and Cities each year, at a Staff\L\".9.r&QCL~;ro,=!p meetinq to be held
no later than Agril ~!L.ffiQ.!.J}Jl~i~:=::...-5ic~t CQmEL:,:t1."~m~.i.Ys:..Dlfil~L..J:\m~!1(/f.Q{:Jni
cycle) or October 31 (QQ~ll.ljy'S; s.ec(!nct....!.:;ornprehl:;J:L~J::LQ]QtLc~TO!::2t!!"jrn~;::ri!
cvcle) , to determine whether updates to the comprehensive plans are
required. At a minimum, the Distdcl FacHitie~LV\lgrl.\ J~I.Q.9Lcl!:D... shall be
updated annually by the addition of a new fifth year as provided in Section
.3. Any other amendments to the comprehensive plans shall be
transmitted in time to allow their adoption concurrently with the update to
the District F?ciiities Work Proqram, where feasible.._.6Gl?Dgrns:nt~JS~J.t}0
com prell e n si ve pia n s $l1a I L be Q.OIl.S id ~J~fJ.l!l.E~.go rg.?1)~5~UI\[.tttLJtl~..G.Q.\,jm\".~,
compre~n~~Q]J?JJmu.g_.~JG:t~,
(c) School Board review of school-related element amendments: All
school-related element amendments shall be provided to the School
Board at least nine!\! (90) days prior to transmittal (or adoption if no
transmittal is required). The School Board shall review the school-related
element amendments and provide comments, if any, to the relevant local
qovernment either (i) in writinq at least thirDL(30) dE.~prior to the local
planninq aqency meetinq on the school-related element amendment, or (ii)
by attendinq and providinq comments at the local planninq aqency
meetinq.
(d) Countywide consistency of school-related element amendments: The
County's and Cities' school-related element provisions must be consistent
with the uniform gistric\-wide Qublic school concurrenc'i.2Ystern. with each
other, and with the School Board's facilities plans and policies. Each City
may choose to adopt all or a portion of the County's school-related
element provisions into its comprehensive plan by reference, or it may
9
Deleted:
July 17,2007 Transmittal Draft
adopt its own school-related element provisions. If a City adopts its own
school-related element provisions, any <:loa I , obiective, policy or other
provision relevant to the establishment and maintenance of a uniform
district-wide public school concurrency system shall be substantially the
same as its counterpart in the County comprehensive plan and other
Cities' comprehensive plans. If any school-related element amendment is
proposed that deviates frorn the uniform district-wide R-lLPliQ.. school
concurrency system, it shall not become effective until the last party
adopts it into its comprehensive plan. SuchJ2m!22Si.s!ls ?h;~J.l.J2~Ug.~\~I!j,[1f;(1
to the Staff Workina Group for revieY'L-.9ncj th~.stck!.R!i5;Jn tJ:....A!}),Lg~~I}.
changes shall be timed to Q.oincide vvith the CQ!jnty~~.g2m!2r.?1!Q!l9:l:Li~_QlfJ.Q
amendment eve!€:, Once each City and the County have adopted such a
plan amendment and these amendments have all become effective, then
the new requirement shall apply countyWide. Each City and the County
may adopt the District facjliti~ Work Progs..f.!f(} into its comprehensive plan
either by reference or by restatement of the relevant portions of that
Facilities Work ~Jn, but in no event shall a City or the County attempt
to modify that Facilities Work Program. The County and Cities a<:lree to
coordinate the timin<:l of approval of school-related element amendments,
to the extent that it is feasible to do so. TQl~!~..s:1~tf:;DUll':1L;:LQ.LqgQ.~(~s:1
school-related element am~~ment is inGcnsistent_\NiUlj:Jlis..2,r:)lend~Q.9n~i
Restated Agree me nt~ am~nd n"!ill"..lL1s:U;h i[~_ A.qIs-:elIi~Tlt .5l@lL.9.1'J'2.J;.c='
required before the amended elemer!.U~_QQm~~.?Jf~gltJ!l:
(e) Evaluation and Appraisal Report: In addition to the other coordination
procedures provided for in this Amended -gnd B~_~!9jEsL(\:qreement at the time of
the Evaluation and Appraisal Report, the County and Cities shall schedule at
least one Staff Workinq Grol!P meetin<:l with the School Board to address needed
updates to the school-related comprehensive plan provisions.,.
Section 4. School Site Selection. SiQnificant Renovations, and Potential
School Closures
4.1 The School Board staff .Eule 6Gx13-2C-1.083, Section
11.0. Membership, to expand the membership of its standing School Site
Planning and Construction Committee (SSPCC) by four voting members
as follows: "a floating member" designated by the City Manager of the
most impacted municipality to which the agenda item relates whenever an
agenda item concerns any incorporated area of Miami-Dade County, or if
it concerns an unincorporated area, this "floating member" shall be from
the geographically nearest municipality most impacted by the agenda
item; a representative selected by the Miami-Dade County League of
Cities; a Miami-Dade County representative selected by the County
Manager or designee~ and .,a member of the residential construction
industry... For purposes of this Section, a floating member from the most
impacted local government shall be defined as the local government
jurisdiction in which the proposed project is located. The SSPCC shall
10
[ Deleted: 'If
Deleted: shall endeavor to ensure
rule making proceedings are
completed by the May 14, 2003
meeting, so that final reading is given
to the amendment to
Deleted: r
Deleted: "
Deleted: "
Deleted: "
Deleted: Based upon a projected
completion of rule making
proceedings by the School Board's
May 14, 2003 meeting, the School
Board staff shall endeavor to ensure
the SSPCC is operational and holds
Its initial meeting by June 2003, to
prOVide meaningful partiCipation to
local governments In the School
Board's 2003-04 planning process.
Deleted: In the event that this rule
change IS not accomplished as
required herem, the School Board
shall approach the Cities and County
and negotiate an amendment to thiS
Agreement with a mutually
acceptable alternative means of
coordination on all issues herem
allocated to the SSPCC
July 17, 2007 Transmittal Draft
review potential sites for new schools and proposals for significant
renovation, the location of relocatables or additions to existing buildings,
and potential closure of existing schools, and make recommendations on
these and all other issues within its purview under the Rule for
consideration by School Board staff. The SSPCC shall also:
(a) Host a planning forumJJV Mav 31
Working Group and School ~;ite Pianninf:L?nrl _~::()nstruc.iion C()rnrniU,~~_on
an annual basis or more often as may be needed. For purposes of this
forum, the SSPCC shall invite a representative from each of the impacted
units of government to participate in the proceedings and to provide input
and comments, for consideration by the SSPCC in its deliberations. The
forum will review the School Board's acquisition schedule and all other
relevant issues addressed in this 6rnen~~9 8i}d Bf,'~i1?j~!~LAgreement and
required by statute, and will include appropriate staff members of the
School Board, at least one staff member of the County and a
representative from each of the affected Cities. Based on information
gathered during the review, the SSPCC will submit recommendations to
the Superintendent or designee for the upcoming year.
(b) Invite a staff representative from each unit of local government
affected by an agenda item at any SSPCC meeting throughout the year to
attend that meeting. It shall provide a full opportunity for such local
government representatives to provide comments,. and shall consider
those comments in its deliberations. Based on information gathered
during the review, the SSPCC will submit recommendations to the
Superintendent or designee on these items.
For purposes of this Sub Section, an affected local government shall be
defined as follows:
a. Any jurisdiction within fifteen hundred_L1.
property or improvement; and
b. Any jurisdiction whose utilities are utilized by the School Board
property or improvement.
feet of the
The School Board Superintendent and/or designee shall provide the
invitations referenced in this Section 4.1, with at least ttljII)~J30) days
advance written notice of such meeting to the person designated as a
contact in this Amended and [={estated Agreement. The Superintendent or
designee shall forward the SSPCC recommendations referenced in this
Amended and Restated Agreement to the School Board so that they may
be considered by the Board at the time that it deals with the issues to
which the recommendations relate.
4.2 When the need for a new school is identified and funded in the .!2~tl9.r
Facilities Work Program ., the SSPCC will review a list of potential sites in
11
Deleted: district educational facilities
plan
Deleted:
July 17, 2007 Transmittal Draft
the area of need. The list of potential sites for new schools and the list of
schools identified and funded in the pistrict E~-d!ities JiY-Q.rLErgDi.:2..10:!... for
significant renovation, the location of relocatables, or additions to existing
buildings and potential Closure and opportunities for collocation will be
submitted to the local government with jurisdiction over the use of the land
for an informal assessment regarding consistency with the local
government comprehensive plan.
4.3 The evaluation of new school sites or significant expansion of student
stations at existing schools shall be in accordance with School Board Rule
6Gx13-2C-1.083, as may be amended from time to time and attached
hereto as Exhibit:L Any proposed amendments to this rule, which may
impact upon the terms of this 0men~QE!J~jJ3~,,1?t~(LAgreement, shall be
submitted to the affected local units of government prior to submission to
the SSPCC and to the School Board.
[NOTE. Attach July 14, 2004 version as Exhibit 1. ]
4.4 Pursuant to Section 1013.33(11), Florida Statutes, at least 2ixt~~60}
days prior to acquiring or leasing property that may be used for a new
public educational facility, the School Board shall provide written notice to
the local government with jurisdiction over the use of the land. The local
government, upon receipt of this notice, shall notify the School Board
within forty-five (45} days if the proposed new school site is consistent with
the land use categories as depicted in the future land use map series, as
well as the policies of the local government's comprehensive plan. If the
site is not consistent, it shall not be used as a school site until and unless
otherwise approved by the local government. This preliminary notice does
not constitute the local government's determination of consistency
pursuant to ,;2ection 1013.33(12), Florida Statutes.
Section 5. Supportina Infrastructure
5.1 In conjunction with the preliminary consistency determination
described at subsection 4.4 of this Arn~Jld~ and.S~~~I~t~ci.j~,greement,
the School Board and affected local governments will jointly determine the
need for, and timing of, on-site and off-site improvements necessary to
support each new school or the proposed significant eX:f'a!1~.l2!:L, of an
existing schooIJ.-J!l those install.tLeS .JtVhere capacitY_is be.:n!:.L?dg~{.:L.JQ
accommodate new student popu!ation~. ~gnificant ?xl?ansiQ[L-, shall
include construction improvements that result in a greater than five (5)
percent increase in student capacity, the location of L?.k)f9teJ:.:k~~" or
additions to existing buildings for hiqh schools._J~or siq!Jjficaf1.LQ.tQ~~!I:}~}i.l::)
to middle schools. the applicable p\;lrCentaQ8 .J?11fl.u._~~_. teSJJi Q.L..P..E:JQ{~jIL
and for siqnific~ilt expansion'3 to e!erneut&rj! scr!.Q.QlLJ.i.D.S~l1rJl!J..'L. !<..~}
centers), the applicable percerLtC!ge ..f2lJ9JLI2",-...fLUQSirL.Ltt.;1...Q..Q[c:g:n..L.. The
12
Deleted: district educational facilities
Deleted: s
Deleted: a
Deleted: renovation
Deleted: s
Deleted: renovation
Deleted: portables
July 17,2007 Transmittal Draft
School Board and affected local government will enter into a letter of
agreement as to the timing, location, and the party or parties responsible
for constructing, operating and maintaining the required on-site and off-
site imp roveme n t5 -L!?J9tecLJs~_tQQ. (~~DfM1 S j 0 n 2_f:iL.t.~L.rl=~}~Y~..~~~!~~L~~2Q.t:L, .U?.r~~.r~~::,n,s;,~:~:~~~'\
abov~_, respectively.
This section shall not be construed to require the affected local unit of
government to bear any costs of infrastructure improvements related to
school improvements.
Section 6. Public Education Facilities Site Plan Review
6.1 The School Board and the County will continue to coordinate any
and all proposed construction or expansion of public educational facilities,
including the general location of new schools in unincorporated Miami-
Dade County, with the County's Comprehensive Development Master
Plan (CDMP) and local land development regulations in accordance with
the review procedures outlined in Miami-Dade County Resolution
, as adopted on
6.2 The School Board will coordinate any and all proposed construction
or expansion of public educational facilities, including the location of new
schools or relocatables, within any City's jurisdiction with that City's
adopted comprehensive plan and land development regulations. This
coordination shall be accomplished in accordance with the provisions of
Section~ 1013.33(12) through (15), Florida Statutes. The affected City
shall provide all of their comments to the School Board as expeditiously as
feasible, and not later than sixty (60) days after receipt of the complete
site plan.
Section 7. Local
Rezoninas, and 0
7.1 I n accordance with the requirements of and to the extent required by
Section 163.3174(1), Florida Statutes, the County and Cities will invite a
staff representative appointed by the School Board, to attend meetings
of their local planning agencies or equivalent
agencies that first consider comprehensive plan amendments and
rezonings at which comprehensive plan amendments., rezonings,..__Q[
Development of Reqiona! Impact prooos81s or amencirqQrrt~ are
considered that would, if approved, increase residential density. The
County and Cities may. appoint such School Board representative to the
planning agency, and" at their sole discretion.,_mav grant voting status to
the School Board representative..
Plan Amendments.
13
Deleted: R.535.92
Deleted: May
Deleted: 5
Deleted: 1992
Deleted: evelopment Approvals
Deleted: , as a non.voting member,
Deleted: and
Deleted: , at their sole discretion,
Deleted: member
July 17,2007 Transmittal Draft
7.2 The School Board will designate a staff representative to serve in an
advisory support capacity on the County's staff development review
committee, or equivalent body. In addition, the School Board
representative will be invited to participate at the meetings of the Cities'
staff development review committees, or equivalent body, as appropriate,
whe n conl ~h e n$i::~~-IJ la tJ_5~ rne J.-LQlt!e nt~~__.r~?J:~~[llLL~I~?__.9I~~J~].~"V5J~~~J2!.Il~D};.~,,~.~~.r
Regional ~rrlPact _proposals__or _q):nen5:lrnenlS2 are proposed that would
create an increase in the number of residehtial units. It shall be the
responsibility of School Board staff to be prepared to in writing to
the local staff development review committees at least five CEtLdays prior
to the meeting or development review committee review, for their
co n s id erat i on . _ll1.E?se __ cOlYJ.me nt:?_?l.l9II_D"l<;:lu d.(~___~..gt(Lter~nLj.ti9.L.Jtl~,
application wil! be subiect to public schQ91 GQ1}:;:urretJ!2LJ:Q.\lJ!:QYY.iIUJJS:u~k:L
site plan gLfuDctlQflf-l1 ~.9Jli1s]~i: _stqg~ cQn~ji?t:s..nU0:UtLZ:;.s).g:~~~n_iL(;{t.nE)
Amended_ and Re!?taiQd 11,iJI..~~lI@!JL A copy of the fJ.ppll~~Jil,).n shall be
delivered to the School Board representative at least fiffS~(?:.rl.(15} working
days prior to the proposed meeting date, or on the date the agenda is
distributed. The School Board's review shall be conducted in accordance
with the methods set forth in the F!rocedures )\(lanual adopted in
accordance with the provisions set fonh in this
Agreement the current ver::;ion 9J.J[vhichjs a!!;<'!~tt(tclJJi;cr.Q!:Q_9:?_E!~Lljt)1L.?
(which shall be revised to be cQD.EJstent withi/ti:L6rr!?SJ9!.:::(Lgrl,;LI!~=~~i8j:::,~j
Aqreernent). The .Erocedures Manual
amended through a Collaborative "process with the Staff Working Group.
{NOTE: Need to attach the current Procedures Manual, Exhibit 2.]
7.3 The County and the Cities agree to transmit to the School Board
copies of proposed ~l.rrmr:..~h.~Il:~\iQ_.!2'@lL;:3.m..i?D.~!IJ}~nJ'?,..L~:f.QDjIlg::;, .EHJe!
Development of ReoJ2ilallmpagL2E?P-'!.!?2J.\L9L.?IC1fJ.f.1QfI.!!:'2nt2._" that may
affect student enrollment, enrollment projections, or school facilities.,
7.4 Within Jlli.cbLJ.30} days after receipt of notification by the local
government, which notification shall include development plans, the
School Board will advise the local government of the school enrollment
impacts anticipated to result from the proposed r;;.QilJ.Pl?_Qf:;:E~~.I.\{t:_2\ic?r\
amendment_"" Li?L91tLn..g,,_or J;:l.evelopment QtB.~m9n~!lJnlD.?yJ..proposaI0!')[
?mendments .The School Board will also include capacity information on
approved charter schools that provide relief in the area of impact.
Scll 001 Boa rd may eha me cUJ9 n:L? flJ..Qg.:~.~~...?I:'Qjk.~.t~I!:!JS?(,,-..Q_9~{E.!!?JE.J:Q. I!:oc:'
School Board to reimburse the cost 10 reV,8VV CO[.r:lJ?r8tl~Jl~!l\fe _f;j~~.[is?~
rezoninqs and Development 2:U3.egioD.f'J i!TitJ2f;: Q.LQfJ.9S?J~....:?L 2r.I.t:2D~j[IJQr!l2
pursuant to this Section. .In tb.~.:Le\fei.Jt.._!2sL\:'Lns:...!..!tm0.\.i..J?_f2.~~!;1.'~i::g:9....l2xiQ[1.~2
the commencemen(gf !""e\f~Yy.:
7. 5 Th e _[8vie\N_Q. v tfJEl. S CllO r2L.._E,oa (9.*~~1~?jl_.~~~g*?!:I~j: s~!;.QJI!.j;:~[~.t1!;~n~~~i.:{~~,j~~!.~~n
al11endil1~nts, .-ezoninqs and DeveioQIlY.2:1.yf Re...91Qr10Li!rm~~t..QJJ2PQ:H}1~
or anlendrnen'ts. c.onta,inin9 [-esidenti~L l)i}lJ~~~t@~~ J2~~"~.@:_;lS~Lu~_~):..~?:~:,,_~_1~r~U]JI~~~
14
Deleted: development and
redevelopment proposals
Deleted: review the potential impact
of a proposed (re) development
based on current FlOrida Inventory of
School Houses (FISH) capacity
Deleted: (both permanent and
Deleted: The School Board shall
only be reqUired to provide such
review where the proposed (rel
development will result In an Increase
In FISH capacity (permanent and
relocatables) in excess of 115%.
except when such review is
requested by the local staff
development review committee
This figure shall be considered only
as a review threshold and shall not be
constru~dt~.?~llg~~E!.:~E!.~.o_u~r... [1]1
Deleted: plans !
Deleted:
Deleted: shall be developed
Deleted: and the School Boarl ... [21 j
Deleted: land use apphcation~ ... [3fJ
Deleted: ThiS requirement aPl~".l1Li
Deleted: land use application
Deleted: and whether sUfficieL:cl.al
Deleted: FISH capacity
Deleted: at impacted schools
Deleted: (including permanenClliJ
Deleted: as well as any propoCTID
Deleted: If suffiCient capacityii ... [81 j
Deleted: will
Deleted: determine and specr ... [9] j
Deleted: will use their best eC [10]i
Deleted: options
,Deleted: that aim to provider ... [11] )
I Deleted:
Deleted: The School Board LluD
Deleted: This Section shall rt:d.uD
Deleted:
July 17, 2007 Transmittal Draft
S chao (s P tan n i nq L e 'Ie! F~ e~\I ie VLJ~:fJ=t~_o is l~lgODtQ~;t_:;;:!?,\L~L J3._2~:~d~~,~~.t:,__,,~.Ltls~
Schoois Planningt-_Level F~e\fie'vv does no':: ~:()nf.it~tut~~__J2!d.tiiil,~.__.J?~t19~2f.
goncuJIei'l9! re\!ie\j\~ This Section shall not be construed to obligate a City
or County to denY-2Lg.ppr0ve-.J'..Q[ l:CU2iEjc!ucie ~J~:iY.:L.Q:__(",g!lU0L_Jigin
appro'LlD.9 or denvinqla!) 8Q.pi!ca'ilQD.,.
7.6 In the review and consideration of comprehensive plan amendments,
rezonings, and ,development of F\egjgnBi lrnpacJ proposals___QL
amendrnents, and their respective potential school impacts, the County
and Cities should consider the following issues:
a. School Board comments, which may include available school
capacity or planned improvements to increase school capacity,
including School Board approved charter schools and operational
constraints (e.g., establishment of or modifications to attendance
boundaries and controlled choice zones), if any, that may impact
school capacity within an area, including public-private
partnerships.:. ._Failure of the School Board to provide comments to
the County or Cities within ltdxtlf..J301 days as specified in Section
7.4 may be considered by the parties as a response of "no
comment." In such a scenario, the County and Cities shall not be
obligated to delay final action by the County Commission or City
Council;
b. The provision of school sites and facilities within planned
neighborhoods;
c. Compatibility of land uses adjacent to existing schools and
reserved or proposed school sites;
d. The potential for collocation of parks, recreation and
neighborhood facilities with school sites;
e. The potential for linkage of schools, parks, libraries and other
public facilities with bikeways, trails, and sidewalks for safe access;
f. Traffic circulation plans that serve schools and the surrounding
neighborhood, including off-site signalization, signage, and access
improvements; and
g. The general location of public schools proposed in the Distr~j
Facilities Work Pro...mBrYL, as well as other available information over
a tenJ..1Q} and twentv (201-year time frame.
7.7 In formulating community development plans and programs, the
County and Cities should consider the following issues:
a. Giving priority to scheduling capital improvements that are
coordinated with and meet the capital needs identified in the P..ifi.i:r!(A
15
Deleted:
July 17,2007 Transmittal Draft
facilities VV()~1~ F)roql"anl:,;
b. Providing incentives that promote collaborative efforts between
the School Board and the private sector to develop adequate
school facilities in residential developments;
c. Targeting community development improvements in older and
distressed neighborhoods near existing or proposed School Board
owned and operated public schools and School Board approved
charter schools; and
d. Coordination with neighboring jurisdictions to address public
school issues of mutual concern
e. Approval and funding of community development benefit districts
(COD,!?) and other available funding mechanisms created by state
law.
Section 8. Collocation and Shared Use
8.1 Collocation and shared use of facilities are important to both the
School Board and local governments. The School Board, ,Cities and
County will work together, via the Staff Working Groupo, the SSPCC, 9D~J
the Citizens Oversiqht Committee to look for opportunities to collocate and
share use of school facilities and civic facilities when preparing the
Facilities Work Prog@JIL-'>1 Likewise, collocation and shared use
opportunities will be considered by the local governments when preparing
the annual update to the comprehensive plan's schedule of capital
improvements and when planning and designing new, or renovating
existing, community facilities. For example, potential opportunities for
collocation and shared use with public schools will be considered where
compatible for existing or planned libraries, parks, recreation facilities,
community centers, auditoriums, learning centers, museums, performing
arts centers, and stadiums. In addition, the potential for collocation and
shared use of school and governmental facilities for joint use by the
community will also be considered.
8.2 A separate agreement or an amendment to a master agreement
between the School Board and the appropriate local government will be
developed for each instance of collocation and shared use, which
addresses legal liability, operating and maintenance costs, scheduling of
use, and facility supervision or any other issues that may arise from
collocation and shared use.
8.3 Collocation and shared use as provided for in this
Restated Agreement may include the sharing of county and municipal
facilities for student use, such as use of a park for park purposes by
students from a neighboring public school, and similarly may include the
use of public school facilities by the community.
16
Deleted: School Board Dlstnct
Educational Facilities Plan
Deleted: 'S
Deleted: District Educational
Facilities Plan
July 17, 2007 Transmittal Draft
Section 9. Implementation of 1~~rL!tJ},i~.schooi ConcUll'rencv
9.1 This section establishes the mechanisms for coordinatinq the
development, adoption and amendment of [~tr~;1.E;:;;L:!!iti.(-::!::'._Y\/()f!':
Preqrarn, as well as the r::.i:I[2!jg__t)i::l}:;:'9!_E::-:,:(;,Jjit!~j.~~.E!s)i:rI(7J:1;;S and the
interQovernmental Coordination and Capital improvements F~lements of
the County and Cities' comprehensive plans, in order to implement a
uniform districtwide public school concurrency system as required by law.
9.2 The School Board, County and Cities aqree to the followinQ
principles for public school concurrency in County:
(a) CapBcity /\/iethociolo9..'L ancf F:orrrly./a [QLjJy"qiJl?12ii{tl~_...The
uniform methodoloQY for determininq if a particular school is overcapacity
shall be determined by the School Board and adopted into the County's
and Cities' comprehensive plans. The School Board hereby selects
Florida in\lent~of f:i0J!:2o! HOUSE';.LL as the uniform
methodoloqy to determine the capacity of each school..II}~.~~<3J29gj!V_J?nQ
en rellmen! numbers fOC.sL sc;hoQL~L1_(,JJJ)g.Q~xir~mliI.i<;;(J_2DYL[2.YfQr:.iD
October ~
The School Board will determin whether
adequate school capacity exists for a proposed development based on
the adopted Level of Service Standards, concurrency service areas, and
other standards set forth in this Al}!gn.Q?_1J0.Q~LI~g!-?1"2~~d Aqreement, as
follows:
1. Calculate total school facilitv ~~~jl92ltjf by addinq
the capacity provided bv an existinq school facilitv to the capacity of
any planned school facilities QrogramrT}ed.JQ_providr;u~!LE""LJ.cLj!l.<!.!
school facilitv. listed in the first three f3L~8:rS -,;)"[ JJI(::_..lJi2tIJi21
Facilities Work F'ro_gram.
2. Calculate available school facilit\f capacity by
subtractinq from the total school facilitY...9'?QE.~:i:ty the sum of:
a.
~
b. The portion of reserved capacity t@.Y.LOg...._~.._.Y-,::Jlr;:i
unex!2lred certificate of concurrency frornJI}.';.3....5~lLQ9LQ!?91JL
ang
17
Deleted:
Inserted:
July 17, 2007 Transmittal Draft
c. The portion of previouslv approved development
(vested from concurrencv) projected to be developed within
three (;'.t vears.
~Levelo 2ri:t~EJi.js~~.9 f~tfJ:xDJ_og jt~~!:2J~~L!J_~rr!s1Q~sL;...>>.?J}f!.
i~ u btr,9S'~tu}g3l~J~.glljQLjl1~~._JQ1f.!L"!~t!1~J[Jc:l.:y~jit~,...:~~.L:.a~s;ity
f?JjQal C ~~~ to d et~.rrDln.~.n[Jl}~~_l~"s~_,~J.~~{i~.~tL,..Jf.^_~EL__rr.~r!~~lJJJ_~~..[)rQ_(;.~~.~:~..f;?
to detfj.JJ1in e if ~;ct)C'o 1..Ls.~.jW.:LgEf.2Q.9jlLl~L.:f.:!Y5!j19Ji.i~ICi..'2f~Y.(::'QSIUD!LC~!)'::j
Co nc u rren cv Se r~lice _l\ C~9_C~ c; ~~~~/_;.1jELjb~~.__}9IrJ(~.. j.cf'lf_?9_(~~~.J:~,~~_..J?,~~UE;:nj
district
The School Board mav charge ~nGn-refuDd2.!de 8i))Jiic.?J19..D fee j:)QY9t1,::US!
the School Board to reirnbursei:he cost to revie\i'IJ matters related to DubHe
__________,_.___...__...,+._.._.__,~__._.......'.___N...~+_._.."___...,_
school. concufre..Q9!-'..lD that e\!er!LJl.C;J.YIill~LLUn.ilLP!~..Jf:5:~.!Jl[~::.(tQ.cjQLjp..m~,
commencement _QfJe\1ew~
In evaluatinq a final subdivision site plan for
concurrency, anv relevant proqrammed improvements in the current vear,
or Years 2 or 3 of the District F.9cil~~'2...Y~LQ.U~1:~[9il!:!.~.Ln. shall be considered
available capacity for the proiect and factored into the !:-evel of Service
analvsis. Anv relevant proqrammed improvements in years 4 or 5 of the
District Facilities Work Profjram shall not be considered available capacitv
for the project unless fundinq to accelerate the improvement is assured
throuqh the School Board, throuqh proportionate share mitiqation or some
other means of assurinq adequate capacitv will be available within '~b.r~;5.:
(3) years. Relocatable classrooms mav be._Jd,~~U?L_!tl.~...M.lqQJ.H::;.?gr:)
County Pub!ic__SC[IOol Svst~J.IL. as_ a!.J__S!J2~[<;!~UQ.l:i~3L_.s.gt.ltLQrLS1:J.LiLln
re p lacerne J:1.L-IpJl 0 \i ali OilL... rerr!9.Q~ nq 0 r _Q!";.P.?.JL~lC n ') f _u;.1!12J!.';;:.....:'iS;J.} 1)<;;.1
facilitv; and in the event of a disaster_or erneJItf~J1C\L..JN~.D:..GlJ.__RJi!E~::rl~.:j~lLl~~
School Board from usinq ~oliion of the aff?cted schoQU9s~lltL
[NOTE: Schoo! Board staff rne.mbers are checkille! to ensure tJJ.E.t
there are no oiher circumstances in which reiocatfjdAes Jna:(
continue to be relevant. .such as for additionaf exc6otlQJJa/. sfu.rJ<3JJ..{
classrooms l
18
July 17,2007 Transmittal Draft
(b) Level of Sec0.ce~)ta!1.g'~!{S;is ~~lb.iic {,chool concurrency shall be
applied on a less than district-wide basis, to concurrency service areas as
described in subsection (c). l".9.:~L2L;?_~:r~~ig_f:' 21:~_m!9Xg~~.JQX_:~i')J)li_~_,~;(J:gq!
o pe ra~~d .l2JL!~lU91Y1 i-- q_QQr:U:~.Q.u niv P L@I iC S..Qil9Ql~J.j.tl?l.Q.li:U:?l.9~)Jr(J!;Un::ZlL'jf:).
a req. Le\fe ~ of ~Q.r\l ic~~"g,~l!._;~J~JI.c: s. ~-;. 0 n.ot __?@1?lY_1Q,...Il19J;~JI:lJ~~~::h~9_Q.L$~._5~~.(f2JL~;.r
schQJ.~~Dd Q!t"j er~ eQ1~~~atjpn 9J f?~~~_!i itjE:?5~__~~lil9.L_~.PJ.~y._.t1.9Y!}____f)t~itci91YYLgf:~
attend a rl~!:; b9v u n qj1Jjill~.t~.Q:~~J@L4._.tt.~~.:iL._,,~~~f;~J~~gJly__j.f~__S~~:~~~:S!!J.t:~L,X~SL~jJ}~;~L .,tt}.~!.
j nl f29 ct of de vejoj~JJ}f~nt .'__Mtk~!e \L~..l-_El~L_~~@d it__...ili@D.;QL..JtlCi:_.._.LtI1UE5~~:L....~~!t
d eve !cillDle nt s h a U_j2.?_.glYQ1J.JQLg![~t,_._(:U;?~[r.ls;1:y\[iSl_L';;(J1J_~:9Jj~EF~1 .i:~s:,ij!.~i.E:" !)
ClassroonJ2L
The uniform, district-wide L.evel_ of ;;ervice Standards {()r_J)ul~)!k;:.;c!,u!)i
Facilities are initially set as follows, and shall be adopted in the County's
and Cities' Public Sdl~~cd fj)ci@Q.~J;.l~rrLG.Ci.ts and '~~~improvements
Elements:
'1. 'r h E: ado pte(1-1~.\{2J_Q:f_9.~D!..~~~_Lk:~~):D...,J;u2lIQ~~E~._.j~QI~~_?JJ
Miami-Dade Countv Public _Sc~o! facj@_~~s i~, "100% F-\i?J:J
Capacitv (V~jjth l:Zelocatab!e (~las~roQrnsL__Ihif?_. L..O~:;
:?Jandard shaH be apolicable -E1-_ga gt! P!JJ2E~~EJJQgl
co n C U !Te::J.fL 5e r\lice a re~.J~..:;;;.6)-,,-_Q.2fin~.~L?lL-.J!:lILO u bEg
.$C hQQ i at1e n G?.Df6 .Qo L:D.':~_fi[Y._.i?_;;D~gJ?ji~tl~!':U2'\"JtlQ_!Y1Jsll"n!:Q 5:~g<::;
go ll!:l1~L P i) Q!lg_~_9._QQ_Qj~. J~..i i --1)_i~IQii.c:: _,?,gb_QgiJ9Si1jEE':?__:?h C).rjJC)
co nti n u e to IT1?JDJ?~-.L_Q.L_Qj:;J;:r.~~.:?st..tbi!jLJ2~!~fl[:jLIJJijj;z:_a.Jiqn.qf
.F 19J::L..Q.~9...c:lli~(.Y:LiitLBillQg2@!?LE:__.(~t:~;25IQQm~L ......___E.LJ_i?_Li.c,;
~ch r2QLf?_c.mtLeJ?__~Ul?_L"!~:bi~\{e__..1_Q9%.u!:lti!if;3.:1:igr.'._.QfJ?f}rr.n.?:D~.~[il
F iSH C e.rl. a city_(l:~Q R EJ.9cCi!9 f-As:__C i a-,?siT~fJ..I.;n:?L_..:.'J1 os,\kLJ1_\~
10 ng e r __ uti I if..~___@_t!:"&G.l.i53D1Q___!~l.g~~~QQm;~____~:>(,Qc;,:[l_L,,__ c.oL'?_ _.-fl{,
operational solution.
2. it is the C10al of Miarni-Dage CQl,!ntLti~121t..:__l?_(:;b.~lQl~L?DSJ
jV1iarni-Dade County_ for alll2idl?1l.Q__J~Qhoo!J.Q9i!iHf'5:...J..(~L?S_b~Y~;
100%, ...J:!tiiization of Permanent ELSl-L (No _E~l!"-:!s:.2Jg!?~0
Ciassrooills)s~acilv f2V ~1_sm!ac\cJ._:__1QJ_8. ___IQ..Jhi~_..~n~j,
.Q~jnning~ JaD.1!..9r:L_~i 1 2013, th~ t\~jal1Ji:lfJad..f:_Q9j!JJJY..I~.iJQJLg
Schoois should not use re!ocatab.le _fJf~?~[oorn~__JQ_J2.!:rJ..yj_Q5:
additionaLF.ISH capa~ity at __ any, scl1oQ.Lfl~Cel2t_2..\?____;;:ln
operational solution. Addition_ally. bef:jinning__J:'2nUar\LJ_-,
2013, the Miami-Dade Count\{j?ubiic Sci"lools wiit impl_erriflnl
:~L~.9D~91!~_t..Q.._?Jlmillill!:L?lLr~!J~ in itJ.DJeloS::.eJBJ)Je c.L~sSLQ2!JJ.?
PV Januarv .,. 2018. Bv Dec'3ill[2~.L_1:.Q.liL.l\(ii2llY.!J::.pa(""J~
County--.Jl} cooperation with M@.r:oj.::.D~~J:;t_J~O.!.JDly._._.elJPJ.[c.~
:3c;I1Q.O i $_WllLE.;?~:2~~S .JJJ~~_H~L12J2.tU!Y__Qf_LnQ;~U_fyjD.9.._~"'1-J.~~g~."._9..{ls!J2.t~~,~~1
19
July 17,2007 Transmittal Draft
l_C)S_ st;ipdar<i_to, "I OOo/q~rUJl?a(t9-i'~_~gf E.-S~.rrD.2I!f:}J1.J~J~LL~[~2r alt
g S .L;~~~
1:~') u ntL~~lJ21~g ~:~J1Q_91__~Yl~1~;; n'~~_..!2;~_~~n_._!^~~)~~~C~U9.UfJ
SOfUYi()n
....--..."'.,-.....-....,.
por1:~on otJb.e ?il~s~~tE.g SCQ.90! f(i~Jtt:L~
Potential amendments to these LOS _S3tandill"d~'-_shall be considered at
least annually at the ::iIQfLVjforkiIJJLf2IOUD meetinq to take place no later
than April 30 or October }~:! of each year. If there is a consensus to
amend any LOS Standard, it shall be accomplished bv the execution of an
amendment to this J\mendE!.9 alJ.gJ3.2St?J~.9..J:,greement by all parties and
the adoption of amendments to the County's and each City's
comprehensive plan. The amended LOS ;':?,t8ndard shall not be effective
until all plan amendments are effective and the amendm~mlJ~.L.Jtlj~
Amended and Restated Aqreement is fully executed. No LOS StarLsti'x~J
shall be amended without a showinq that the amended LOS .~2l?J.l9...~Ld is
financiallv feasible and can be achieved and maintained over the five
years of the District Facilities V\iofk Program.;.
After adoption of the District's firsLEEic;.HDj~;:;__\[\!'~!J:LFu2CJ[5;i.Ii!__\Htlj~tL~.>l9_::!
relied on for public school. con9urrel!S~Y.-.S.?!.J!JjI~,rne!lt2' capacity shall be
maintained within each year of theJ2[~;trict~_. subsequent [?s::iJlti.f'.~._\{\fQrt
Proqram. If the impact of the proiect will not be felt until years 2 or 3 of
the District Facilities_ Work F?rQ9.@.m, then any relevant proqrammed
improvements in those years shall be considered available capacity for the
proiect and factored into the Level of Service analysis. If the impact of the
proiect will not be felt until Years 4 or 5 of the District F:ac!iHie~.\ti.s.::rI~
Proqram, then any relevant proqrammed improvements shall. not be
considered available capacity for the proiect unless fundinq of the
improvement is assured, throuqh School Board fundinq, the proportionate
share mitiqation process, or some other means, and the proiect is
accelerated into the first three (31.. years of the Dl'3trl~t f::Es:jJitiEi.~LiNQr.~
Proqram.
(c) Concurrency Service Areas: Jhe Concurrency Service /\rea
(CSA) shall be the student attendance for elementary, middle
and hiqh schools. oncurrencv service area boundaries shall be P9.rJ[
of the data and analysis in support of the County's and Cities'
comprehensive plans. Concurrency service areas shall maximize capacity
utilization, takinq into account transportation costs, limitinq maximum
student travel times, the effect of court-approved deseqreqation plans,
achievinq socia-economic, racial, cultural and diversity obiectives, and
20
Deleted: 11
July 17,2007 Transmittal Draft
other relevant factors as determined by the School Board's policy on
maximization of capacity.
IJhE: S,ctlOOI Board, f.,hall 9dd_ressll()v.i...~3J~a(~ltiJ~lf!~_rr~.0~ILJIJ.~J~~1~TIt{~~~L !rLJ)J,r:;~
aff e cte d co n eu Jre t:'"102L s (~[\{iff:L.2l!J:?:51__._fQLJ2i~.J]2.9~9i~~__~2~L~.{~ tL~~~;~__ /?ll~~_U_~;i_~-~~~t_.L~J L~~!_
o!'" p flV~.i ca L~!L~QJ~n t ~UJi~ljJ.J.f;L~~~~~,~~~~~:Us:i.~g.~~.tl~J1J.:;:_,_~~:flP.E3:~.itv, ~/t."r~-;_~.~i.gJJq.Q_L_rfx
a concu rre n C~! s~rvtgf;:. a (~.:__.J~tgzjrIIL~~11QLl.lr2i?:~}:J~~t~~....Lut~~.~_..fLgs~~:.!,!:,~LL~j~_~?QY_s:..L~~,!
facto rs . in Ct ud i rL9~_1rEi Q~i2i2rl:atj OlL C()S'~S,.;_2t~j d ent ___:~JJ~~@J____1tc~~~~-L.___~i:2.f~i[;L
economic (> b i ectiv es, a ~19_Ji~~;i-)mJj![QD___ of_Hie ___i~:c:b~lfL(IL_::::9p.~'~:itf.
commitments. These adjustrnents mIDi: incJuclf,L.Qut 81"0_.1!0: jmiti(~LJ2,
phvsical cilanqes to the schoo! faciiitv such ~~S .?.Ji.Q.fH.!i~~Oi)~; G(_~~i~~.O~~.\U~:tL~~~J:i.J.
and operational changes j>..1lch.EL219.99f:E::r,L~.chedlJIQJ2Lfl.Q.~.UngJ@:9.gb.::.:.rS?;
or reassiannlen"! of studen!~Thf; _lypes Gt_J?t~y:s;ic(:~1_~gDsJ.___QQ~~ratjQn.2J
adiustments to school cap8cir,Ub9[ \!vliLte US.i~~UD-1vE?liJi:~L~~.~~(:U~9_LJrtYj
and th e ci reu rnsta n ce~"._JlClQ.QI~~~.J5"~11.._1l1~.L...gCt"~_..!':2EPi:.2PU.fIt.~'.L_..;;iy.iJL J}~;
d 8t e nT' i ned by th G..l?c!-t?9I r3.Q.9.I!1.1~U2Qltf~{_Q_!l_11}Q01!1'J_i2~3i.~U!~zD. ._QJ~_.q_~?P~..~-:~iJ~l._~ a ::~
~~t fa r1t)jlJj.bs..E:.lJQiL~L.;'2.!?J1Q~2U:~i!.~:::liU;b~;?..f::JiS'tJ1!:;'..nl.
Potential 8iTleng}Y1E}nts to .the _.Q!2nS~2.~JJr.01r;~t_"~~i]J:{1~:~L."~.qX~~~.?;~_ u!2J~~1~~J tJ)"f:~J.l
pe riod i c Ci9..Lu StO]8 iJ1:.Ltc;U?tlJ..cJ.~nLS'JL~mJ(;li}r.E':t;()L1Li~J.C3 ri(:;~:, .9t.io .;.ErJt3fin:::
co n GU rrE) II cv se rvi eEl. i01.re a ? s s..9jf@I3.\JU.\U2:f:.QL0!~J:LIJr)3Iy.gr.nL~~'~i_?tl.?Hbf}
considered aonua!!y at tOil St?lLYJl!)risl.r:Lg_.QrQ!m..JJl?fJU.!.fUg_t!~r.~..rzJ.<~Q:::
each year no later ttlan l-\pdL1Q_.9L.Gc:,i;g.t2i?"LJ.L2.lilQ..'.?.fJ.?iJ..I<':lJ:s.:s.-.inJg,.9\:(;qljiyi
th e i ssu e _of ma xi rn izat ion of _~.ill29 c itlL,-_Ottl~lS&.m; ide rgtIS2J~JS;!E 8.IT!iill.(liUQ
the concurrency service areas may include safe accgs~jjJ]cl\d~Ur:1.9.JQ.figl~'
S LI ch as the p re senc~___QlJ:ili'J.iS'.Y.I191~~,-J2i~sJ~__.QElt:.?,.._J1-mL.J.?JJr:'!.;?_.~TlrJ
si\=)nalization. general wa!kability), diversity, and -geQgfldnb.~_QCJJEmrD2~ls:~
constraints to traveL if there is a consensus tq chang.s::_lhe cOf~.Q!ltTei.Jf'L
service area to 8 diffsreni lYpe of service area or geogr~.Hl[JiQ..f.Qnfig!}19.t1.2Q.;
it shall be accornplisi1ed bLJhe e)(ecutioJ:L~Jf an aln~!YJI1J.!?11L1Q.Jt,L~)
J\mended and Restated Agreement. ..--Ih~ chao.qed c.Q!K~l!TenCL:?eryic:?:
area shall not be effective urll!Uhe_~mleQQ!J::'.:~}}tJo 1bl~J:\n'.Qllgf~L..~l.D.(j
R estatedAo~ merit is fv II:L? xe~ut?d..J3D!;Lls:L?ie.fL CO! !J.J!'liI..<;itJ:!ft.rltiLtL!r.ii::
Cou nty and C ities '._Q...Qf[1YJ~Jle Jlsiv..:~_..J?i9n~....EiI~~m.;:Yd9Pt?(,L_......J:)rc;m9::;f;.Q
amendments to the cgnCUtTQ.L1CV .~sryicQ..sLEl9.~.u2hs:?,UJJ~J!rf:'~5nJg9.JQ..V:!'::
Staff WorkinfLQLQu!':U::lnd_ inco~poratQ~LJ~s UI~i'!1Q9~..~l<ll:~.Ql1iLg[l."lIy~t~...iu
~oli of the County~ an(LQtie.i?~Igrnlli?l]Qnsi..iLf}_I~LsE$..:..J:19...~9D~:S:!rml:!~/V
service area shall be. 81T1ended or r(~define~L1tfii-r!OY.La sh::!YdD::::LJtl:~L!tl.Q
amended 01" redefined concurrenC.Y:..29rvicE'_ 3rea J:;;ound.;~l:iQj:U:iL[2Jin3rtJ.?U:i
feasible and can be achieved and that the adopted L03..i;).LandaJ~g..Y..9JJj)E::.
maintained over the fjV6 Ji~ears of the Distfict.f:.:.~ilitift.L)L\!Q[Js-I"...c9g!.!2.mJQ.!.
ten years of the ten-year capital facilitje~..l!')lan, if the facilityj~J2.~;tlQ9.9.?QL
If maximization of capacity has not resulte.d in sufficierji..fSi)8Dtt:L;~9jllE_i:
the adoption of the development Qroposa! woui.Q. fesu!t in 2\ fa HlJr6 J.:2J:ne~:).t
!be Level of Service .Standard. and if C2P8C!YV ~s 3\1aH&lb!e tn one or ;'"('0((;-
contiquous concutTer!c"i-t,ervice area..? within Jte .Erst ..Lil^e~YS:.9I2...9L)1)9.
21
Deleted: \l
Inserted: \l
1
-.J
July 17, 2007 Transmittal Draft
the development1 the. SchoQl__t;5oarct_9.tjts gj~5GB:rUQrL.~s~L~~;1!! _~f:i~2rrflU~:!.I~j;L~f~
cant ig U 0 U S f.o rl C U rr e nS2L~i~~Yl~Q_9rs 2: __1Q vv tiLgtL,J,t}5~itf~:YQJ.Qf)J:Il7ill..tjrnOg,.~,~t:?
will be shifi:ed. ifiher~~js still D~lti:lnQ~lQh c8~tt~L19~_,2J~~9it!._SI~~lLrlPl~.~-.,Js~Ql
the developrn~QLp.IQJ2osaU?Jte{ rnaximi?.l,iioi.L21 c.c.loacHv and ~illil.L'5Lg1
irnpact-;_L thetJJ~he ~S..9ho(1 Boarc! "Nitl r.Lot~f)LJt!f~ l~~~~9..L.9QY~fIHJ}:~oLj_Q~y~,uj'.tJ.n~~J
of the finc~inCL-9J~_d ti-le IOCi!L.gO\f8C[lrnent ~~.!l~JLtr~s:j1JJ5.:~~f':L_it1~l_s?12Qlk~.nt_.gJ
the findinq.
(d) .'31 Liden! Gener.2.tLC!.fL-1\!!!di1i.i2iL0.CE:__._ The School Board staff,
workinq with the County staff and Cities' staffs, iv~y? develoPEcsl and
illmlied student qeneration multipliers for residential units bv type and
Minor Statistical Ama. for schools of each type, considerinq past trends in
student enrollment in order to proiect school enrollment. The student
qeneration rates shall be determined bv the School Board in accordance
with professionally accepted methodoloqies, shall be updated at least
every three (3Lyear~.inaS[[EJE.:;h_~_.12Q~?i?JtjJ.~, and shall be adopted into the
County's and Cities' comprehensive plans. The school enrollment
proiections will be included in the tentative district educational facilities
plan provided to the County and Cities each year as specified in
Subsection 3.1 of this !\mended and Restated ;\qreement.
~COnCld!!.flllf."LManQg6'm.f!.I]L..c.S..'i.5tfi[C0...._. The County and Cities
shall amend the concurrency manaqement systems in their land
development requlations to require that all non..exerIlpt new residential
units be reviewed for public school concurrency at the time of final plat or
site plan (or functional equivalent), usinq the coordination processes
specified in Section, within one hundred and twenty (120) days of
the effective date of t
J2ub!i~
!:)ubiic
.\..._--,.~~-_:- .
The County or any City may choose to reque!~..JiQro....tl~le ~.0JJQQLJjgJii"~['~
staff and provide an informational assessment of Ql1.J2.1IQ_school
concurrency at the time of preliminary plat or subdivision, but the test of
concurrency shall be at final subdivision
. The assessment of available capacity bv the School Board
shall consider maximization of capacity and shiftinq of impacts as further
detailed . The County and Cities shall not deny a final subdivision
or site plan (or functional equivalent) for the failure to achieve and
maintain the adopted Level of Service Standard for public school capacity
where:
22
July 17, 2007 Transmittal Draft
(i) adequate school facilities will be in place or under actual
construction within three (3) years after the issuance of the
final subdivision or site plan (or functional equivalent); or
(ii) the developer executes a leqally bindinq commitment to
provide mitiqation proportionate to the demand for public
school facilities to be created by the actual development of
the property subiect to the final plat or site plan (or functional
equivalent) as provided in Section .2(q) below.
However, this /-\mended ang.J~.~;5J:?'(QQ !-\qreement shall not be construed
to limit the authority of any City or the County to deny the final plat or site
plan (or functional equivalent) for reasons other than failure to achieve and
maintain the adopted Level of Service S1.angarg for public school capacity.
The County and Cities, in consultation with the School Board, shall also
amend their concurrency manaqement systems in their land development
requlations to address public school facilities, so that the annual
monitorinq reports provided to their qoverninq bodies shall cover schools
as well as the other concurrency facilities within
of the effective date of this f\mended:lnl;U~s:...si~~LE::sLt,qreement.
Upon final action by the City or G.ouDli.i~~rdi~19J:.b5Lg2ruj'yaUS,liUQf.jl!J.f::l.i
plat, site~n or ftdflction?Lr::g.uivaI8nLJ.r&._(;l!L5~L_~.~211.D.tL5t)91L.~f:,r.l(J
written notice to tt'.!f.: SS.bfi.OI B03L;;L.D}gl('d3tinC;L!ll~ILtl1-,L"?'.QDJl~.?li9l'....Y~U-l:?
9 ra r] te<;LfLD a L9P.P.l.Q~~.L(~L(,:t~JJJf;'.Q"..JU!JsL?J2PJl(2?d,jgn.JQgQiy~~.cLfjn?Lzp..RE~V..El!,
th e sch 0.91 cQf'.f.lJiT8tl9L.E.QP!..:?:L'3.Lt9f.J:bE .SlQ.':-LQiQQm(~E!L9P'!)..?DJj5;jpCJJq(j
students shall 12e valid .!.QUd.R.JO tJ.Y2J2LYf:':@:;;-,JY~:.91Dn.!!:!51.fr.i)I!J..tIY2....(:/.f~ir;;jt'.E;:
a p p I icati 0 n r~g-'~!.f'.Q.Ji.n a! ?.:X~Pr9.\l~ljJr.Q.m..l\:i2 S~;iL{QL!~~Ql1 r!iY.).(c'.W~~ptJ~r? rn;;;.\!
be provid ed._ bLfed~I~ iEi\{Y__0JJiL_.~g~_hI~!!S.t!~L_~P.Q:-.~.Uj~;_Q~, .,.~r~...~t~~:_._._.~,PP.U!:~.f?J!.I~~t
co n c u rre n cv rna!1 a 9g:.r:De n t SLSJ~.r.p r~a u!a tiQ!2.9.L1,.! n !~~;.~_(21t.!?!.\!~!1?s:...r~~l:';i1c:;S:;fJ
by the aporopriate governinq boct:Ll.D..wtlLciLS.f~.0s3~l1tULt~.cU1Qi.i2i"!.'?JO~,$?
9..ill's of the release the appropriate <;joveminq body sl@Jl.[Jotif\Lib~j)st\OQl
Board of such c'-no request tile G9J)Cicity reserJ2tion be canceHer.:!. .. PXI
extension of the I-eservation period mav b~JLC3nt0-,-~1"lerUli.f:... appl[r~2.IJ!
demonstrates that developcnent has cornmenceCL9Jl..? tirne1Y-.JJasj~_5m.dI2
continuingjE.....qQod faith, provided that tll~J9ial r.?sE:J..\[.~iQ.LU!..~.r.LOc! .Qge?...D.Qt
exceed five ill1..Y.9..9!:S?.>....E!.S f!JDl16 L~[J!?.fmf:_r:ljn.Jb.5':'..~.P.121is~.C}J:>.!:.Lr~g!lr;!JJmrl(~\,!
manaQement sYl?te{n regill9tiQf1s:...l1 the E.!.QJ2JicatlQ[J....i\@sUJ~:..:.f)j~g.,...lklfU?...c~J}!,!')1
Board's staff shg.i! d~duct t[9ITLli~_qatE.!.c~sQjb.~....:.:;:LlLg.Fir}!?...m;'?~Lc::js1ed..\Ni!,h.
the application~
(f) PrQi2ortionate Sl1.are....1\&.ti....ceJ.i.9JL.._.The School ~~~(.J..c:!.r.g. shall
establish within the District .1=acl!i1.~~-.Y.\{r2d~...._J?[Q;:_l!:?-rrL the followinq
standards for the application of proportionate share mitiqation:
23
July 17,2007 Transmittal Draft
1. Student Generation Multioliers for sinqle familv, multi
familv and mobile home housinq types for elementary, middle and
hiqh schools. Student Generation Multipliers shall be based upon
the best available district-specific data and derived by a
profess ion a Ilv acceptable methodoloqV .!2~;:;Qrtj2!;Ji.0_tf,LJJj.s,_!~~,;:(iI)'.!!
Board:
2. Cost oer Student Station estimates for elementary,
middle and hiqh schools. Such estimates shall include all cost of
providinq instructional and core capacity includinq,......'N!lt)gl,i(,
limitation, land, desiqn, buildinqs, equipment and furniture, and site
improvements. The cost of ancillary facilities that qenerallv support
the School Boare! and the capital costs associated with the
transportation of students shall not be included in the Cost per
Student Station estimate used for proportionate share mitiqation;
3. The ca08citv of each school; and
4. The current and reserved enrollment of each school.
The above factors shall be reviewed annuallv and certified for
application for proportionate share mitiqation purposes durinq the
period that the Qistri(~t.E2I;.iJits;~~~\L\[QLt.fE9nr.?!.D..is in effect.
In the event that there is not sufficient capacity in the affected or
contiquous concurrency service area to address the impacts of a
proposed development, the followinq steps shall applv. Either (i) the
proiect must provide capacity enhancement sufficient to meet its impacts
throuqh proportionate share mitiqation; or (ii) a condition of approval of the
site plan or final plat (or functional equivalent) shall be that the proiect's
impacts shall be phased and buildinq permits shall be delayed to a date
when capacity enhancement and Level of Service can be assured; or (iii)
the proiect must not be approved. The school board and the affected local
qovernment shall coordinate on the possibility of mitiqation.
Options for providinq proportionate share mitiqation for any approval of
additional residential dwellinq units that triqqers a failure t9..JIlQ.f.J.JJJ.Q.J-evel
of Service Standard for public school capacity will be specified in the
County's and Cities' F:_v:t2.HL~.(:t!.9..QL.Eq,gi!it!??._E:.i..Qm~n1s. Options shall
include the followinq:
1. Money - Cqntribute fuil.~aRit~L COSL2Ls......\?J9.!J!leci ::!!oiect.1--.QL.IxQj.?iJ
firoposed to be added to the first three (3Lyears of the District Faciiiti.?S~
Work Progre.rn, in the affected concur@D9Lservice areas.,_.Drovj(tUJ.9
sufficient capacitv to absorb the excess in-lpacts ,::1 the develoDmeril.,.
24
July 17,2007 Transmittal Draft
development.
2.
to the School BoarQ needGc; "[PI'" construc'ilQ[L9f c} J2.Lanne(iJ)r()lsii':~L"..~s.:l[
p roi ect. QfQP-9sed tXJ be -9,Q~9-~ ci tl theJi r~1.J.bI.E~~~~.~.c;l}_...Y!i.q[~~'L"r:2t_t1JQ,j)j~.~-JLjS1.t
Facilities Work Proqrarn in the 3ff~ged ~9n~.\LI.:@.ncY.Ji~r\![gs:.BLElq~~.L..?ul
the School Board qLi,orr~._ oth~L!:2[!tiiLl!d~l(% j:ile_.~Qr.!.~1[l1g19J) {)L~H
constructsJhQ pro_~;,cL
3. Construction - Build a pl?nned protect. oU2I.Qjgctlli.QP.Q.~?sL~ig..J2f~Q!)(,~I~~g
to the first three (3Lyear::; of tbsLDig;jct Faci!i!~...?_'~:~[orkJ:JQmf:l.!:rL.Q!J
land owned bV the School Board 01' don:;:;tetjJ2.'i._~llQi~S~.U;l.Q:iSilQl2U~!f!nL
with SJ:i ffict~~ n't_g-lpa cit~L..1~?_~~.t?~,QIQ.J!.l~_f:.~~.g,~~~_~2-jr!1p.9f:?t..Q.t:tJJ~~:,.Sif~Y~~J.9J?!JY~~.oJ
in th e affeG.ted co It cu n~~:a~ e r\!j~e (3 I~f!__(JJi?llE.UY.L..J~~lS~i.f5;.t~~j~L~~!~L_~_UIQrS)
tharU]!le C'@5~r.9l~!mt
4. Mix and iVlat~lL.::-,!:;'ombi,J.8 two Oi_.l.r}()fc;u!L'dl~se orAl(~'r~LjQ.JdX~"!\'iS1.D
s ufricie n t Cc1J29 c itUQ_IIU.!l!:-@te J[..!.'~ est i fnated__iu];m.;:L.QLJtJS~...r:}~!.~i~;:~!}i.@]
deve.!.QflmenLon the affegted C_QQ.C;urr?I!gy. ~;er\!i(;i:UdI~':..i:l~,.
5. lVIitiqation bankiiJ!.-l.-=--l\i1itiqation bankiffi vyithin designated_.?.r.~0.~..J2~~:~?:~s.:t
on the construction of a Q1!.blic schoo! f2~~jlitv in ex::;::han!.;l8 lQl:...thl~L..d.9JJ\
to sell capacity credits. Capacity credits shall onlv be trS!Dsf?rred..J~::l
developments within the same con~~mencV_..J32T.Y.&'2..._S?Je2._.QT..?
contiquous concurrency service area. fV1itiqation bankinQ._2halLtLG:
administered by the School Boatd in accordance v\fl1I:rJ!Y3 reg!..iirem~m?
of the concun~encv mitig.ation system.
Mitigation shall be directed to proiects in the j}rsLth@.s:._.Q1.1E.~!!:';;...Qr the
District Facilities Work Proqram that the School Board aqrees will satisfy
the demand created by that development approval.
The amount of mitiqation required shall be calculated based on the cost
per student station, as defined above, and for each school type
(elementary, middle and hiqh) for which there is not sufficient capacity.
The Proportionate Share for a development shall be determined by the
followinq formulas:
Number Of New Student Stations Required For Mitigation (By School
Type) =
[Number Of Dwelling Units Generated By Development Proposal, By
Housing Type x
25
July 1 7, 2007 Transmittal Draft
Student Generation Multiplier (By Housing Type And School Type)):
Credit-1or D isincl\ljj.f!Q_~2..Cli~cit\f.__QL{!(l9.gI!.Qt..:].chQgkL.JUEd..Gr!i;}f.tJL
Sc!7QQl!i th.a! are /\fot Over to!; Stanctf}rcJ -
Number of Available Student Stations
Cost of Proportionate Share Mitigation =
Number Of New Student Stations Required For Mitigation (By School
Type) x
Cost Per Student Station (By School Type).
The full cost of proportionate share mitiqation shall be required from the
proposed development.
The local qovernment and the School Board shall consider the evaluation
report and the options that may be available for proportionate share
mitiqation includinq the amendment of the Dislci(~~.J::~l~:jlli.le~c..j.:I.QrY
Program. If the local qovernment and the School Board find that options
exist for proportionate share mitiqation, they shall authorize the
preparation of a development aqreement and other documentation
appropriate to implement the proportionate share mitiqation option(s). A
leqally bindinq development aqreement shall be entered into between the
School Board, the relevant local qovernment, and the applicant and
executed prior to issuance of the final plat, site plan or functional
equivalent. In that aqreement, if the School Board accepts the mitiqation,
the School Board must commit to place the improvement required for
mitiqation on the ... This
development aqreement shall include the landowner's commitment to
continuinq renewal of the development aqreement until the mitiqation is
completed as determined by the School Board. This ?:qreement shall also
address the amount of the impact fee credit that may be due for the
mitiqation, and the manner in which it will be credited.
Upon execution of a development aqreement amonq the applicant, the
local qovernment and the School Board, the local qovernment may issue a
development order for the development. The development order shall
condition approval upon compliance with the development aqreement.
9.3 Ui'Jdates to Pubtllc. ::;Ghoo~ yCq~:C:lI~Tii"ncv.: The School Board,
County and Cities shall use the processes and information sharinq
mechanisms outlined in this Amended and Hestated Aqreement to ensure
that the uniform district-wide public school concurrency system is updated,
the District Facilities Work Program remains financiallv feasible in the
future, and any desired modifications are made. Th? Qistrjc(:::, l,Jpdated
Five-Year Plan will be adopted into the County's and Cities' capital
improvement elements no later than December 1 of each year.
26
July 17,2007 Transmittal Draft
The School Board _ shaH not arnend HV3 Distr1ct FaciUtie~=- \lVQrr~~L9~1rsrIl.E~~~.
to rrlodif~!av or delete _ar.D(J)rCl~~;t it@~ :-;},ff~.~~t~s'i:~:1i~I]JJd3J23fill.v_..~Q._ttL:~'
v" i1h th e ~o !leu n~i:;; \lce gy 8; -3}l~iQ!i!:L.Q_LllJ~__Z?_~~} G(}1_~_9_!?Jf..xn EZrf.l.tG:[~;!.LQr~~tg~:~~
,^!ritten c.pnfin}}atiQ}l th91~
1.:.--. TJI e rno d IflcatK)n, d ~\iay_ 0 r-9.?~?llQL:LS~f_.z_l~.r~2J.s.gLj;i;__r~~:~L~if'!.;..~LJr~
o rd er tD meet th e 3\11991.11_98 nJ) ~.~f~QDgE1!J iOll?Ji~~l2l!.9~?J19XlJs~...r~rQ~/tf)~~
a cou n t11::.V\lj d G_h[Jlfs)lrn-.:~{5it? rrl._()f Jre-E_p_~:,L~~E~.J~~~t~,~~~,~!t~~..E~J nth ei ..J.~).~~1.fL~
~tioq.Q__k"0Q9sed bv :-i1ill_e Of 1?derr~J.J.sI~:C 0;-
bv unanticipated cf12QQ.e in ILQpulatio("[ .-.r~irojs;!~1~oo.0~QL_~_~~I.9~!fttl
~tter!l?~ o!~lli_IeqJJ j re.d ll.L or(~r t(~~Qrovjc! :LJ1~~ged. cC1J29_chy_.. io_,_..~2
location that has a current grefili;r iilled tban thi2..Qjjgjn!2.Ui pI8.I:.f.iS;(!
location and does not cause the adopted L.OS stan')ard JQ_.~S~
~xceeded ill the3onc~rrency S~rvjc~_I-\[~a _trO([L__v\!hkd~L_jt.r.2.
originail)LJ2ianned l2IQ.iect is modified, de!aved cr.~t~kJ.t~y: QI
3. -rh e f2IQifig:L~gh~J~J..~~~S).I_?..~:J2~Lb.0riJ!Qf~I}_rDQsJlfl~:(~t.tQ".fj~J._Q.f.~~"~2
.local qovernment concerns, and t\1(i ~T!c~dific_~~ttQ.c~ dQ.9IL.r}QL~~.9.tJ~;~~~
the adopted LOS standarej to bg:; S~)(0e~qe(L~1[L.._trJ5'~J2QnS2!d..rT~~.n:.;:.}:.
Service A.rea ..trgm \J\lhicrdbsLg!j.9}rlall::Lj:ll?i.1JD.~!Lj:}lQjg(;U~LnlQ(i.ifb;(L
delayed or deleted; anq
~ Th~...:.'2 taffJNorklD.fLQm_l:!f,~JifclfLn~9 th~....QPn,,":)rlun},jYJg rqyif;\N
the proposed 8mendrnent andJ}3S subr:::\J!!Qgjt~J5?~_(~}::m~iQ9.'3JjQDj~i.
the Superintendent or des!QJlE?'S"-,
The School Board mav amend tile District Faciliti8~:-lNork_ F'!.:Qgr8Jn ~(
anytime to add necessarv c&pacj1Y-illQiect? to silllm:_lb.5"?J2Iovisipns..QLttlLo;
Aqreement. For additions. to the District FacHities "Nork ProqLarn,_rr&:
School Board must demonstrate its abi!itv to r('!...aintair~-1!s finar!s.:.L3!.
feasib!litY..:.
._ 8119_ VestesJ-IleveloiJrnent
p.
12_0e\lelo Q mi!DJ with C O\fe n?JJ ts .J:1E.~triclli~l9...(':!f;:;:~A.i2:F!:IlS~Y"..tg_.(,,!~~l.:~~l::;
school aqe children..G:~9..:.!-55 snd...QverL
27
Deleted: 11
July 17, 2007 Transmittal Draft
(~equireln"ents of J)ub!jg sgt~9oi co~nc~~.dEre.Qg~{.:_
b.
h 8ve Qfovid ed irian 81:3 r\~_[Dl ti~@llQrL-p 8\/iT!enE_;_..:~iI~' C2:L12?s:~2.tl}Q_~r_.~.J,.~
~007; under th~.:.__.~~chQ9t e:2ELd;~_-1~UrTQ!T~'_J{QJ~uI@r_\L,JTl.!Hg~t~2D
j2Loced U feii;
c. /\nv r)e\!e!OPr~nent 0'1" F~egjQI191 ;rr~r)8~J fO;~..Y~(bL~,jl. a ~;l~~\!QlgJ.~~D!~~:',!JX
prder was tss~,~eii, pursuant to C:haDter 3fJO, FLQdQ,[!..~.?tErG:~~..J2rtQL
to ~J u ly__-1. 2 .QQ!2.J:il~~Q.;__.qnY~_ D~:i~k~Q (D.BJJ.L"_,Qf__E:t(2~~!.9Ilql...J.DJL)~i~~~L..tqr
vv Q.h~J_ a !li.~321L~a~tL9Jl~\0L~-lf~.~~.Y-Q!Illtt~._;2TJ.Q.c,.tQJ~!tf~'>!_.J.1.__2S~~.~25_:
Section 1.Q. Resolution of Disputes
.1 If the parties to this 6DJ~'J~d i"mQ_E;Q.;;jl;~1s~stfj.greement are unable to
resolve any issue in which they may be in disagreement covered in this
Amended eDQ.J3..estajft~L69reement, the applicable parties to the dispute
will employ dispute resolution procedures pursuant to Chapter 164 or
Chapter 186, Florida Statutes, as amended from time to time, or any other
mutually acceptable means of alternative dispute resolution. Each party
shall bear their own attorney's feespnd CC~~~.
Section 11,. OversiQht Process
1 .1 The School Board shall appoint up to nine (9) citizen members, the
County and the Miami-Dade County League of Cities shall each appoint
up to five (5) citizen members to serve on a committee to monitor
implementation of this Amended and Restated, bgreement.. The School
Board shall organize and staff the meetings of this gjtlzeQ..~..Q~:;..I:?:tgh!
Committee, calling on the Staff Working Group for assistance as needed.
It shall provide .no less ll1a.D seven (ll days written notice of any meeting
to the members of the Citizens Q\f.?L::iliJbLCommittee, the Staff Working
Group, the SSPCC, County, Cities and to the public. Citizen~; Over'}jg.ttl
Committee members shall be invited by the School Board to attend all
meetings referenced in Sections 1 and 4 and shall receive copies of all
reports and documents produced pursuant to this.1l.m~nd~J}!::IQ.. F<E;_9:@t3~g
Aqreement. The Citizens Oversiqht Committee shall appoint a
chairperson, meet at least annually, and report to participating local
governments, the School Board and the general public on the
effectiveness with which the interlocal agreement is being implemented. At
least sixtv....J601 days prior to the annual meeting of the Citizens_9ver~1!'d!..1t
Committee, the Staff Working Group and the SSPCC shall each submit an
annual report regarding the status of the implementation and effectiveness
28
]
[ Deleted: 9
Deleted: 9
Deleted: a
Deleted: a
[ Deleted: 0
Deleted: 0
Deleted: thirty (30)
July 17,2007 Transmittal Draft
of the Agreement. These annual reports shall additionally be distributed to
all parties to this !-\rnendecLand Re2Jpted Agreement. Meetings of the
Citizens Oversioht Committee shall be conducted as public meetings, and
provide opportunities for public participation. ~;itiz;:~iJ~?>_Qver.~<:jht
that sh~lLpo~/f;(IlJL:T C_9EE_~li9J}
Section 12.. Effective Date and Term
/-\J1'-',ended and Restated
--.----------
it
failure of any party to execute the Agreement by
subject that party to penalties as provided by statute.
Restated A
The
may
This
Restated Agreement may be earlier cancelled by mutual agreement of
individual Cities or County and the School Board, unless otherwise
cancelled as provided or allowed by law._lilsucn asasQL.UlfU!{DJ19..G21\jlrl9.
partv/ies and the School Boare! may be sum~ct to-5Ancli9SL~_J[QnU:b.~
.A.dministration Commission and the Florid_a D~p.3rtrnen:L9f J;.~J!,lS2~~Li~m.,
unless they enter into a f:.eparate agr~ernent withJn lQ_.~1?Y~...:ti:L9.t.??Jl;JLQ~'
all of -1he .TeiQyant J.'?.2.hu.cQm~ptsgLFi9Jl9sL1?Jg'(I",t'?3?:.._._.J\f1y'_?~Q{1J9jg;
219 r ee r!lent must be co n s i st~C~LYV.l1tl.1t.1Q..!JllUQ!Tn !:!fltri gi::~i.QfLPllJ;:.lI~.f>gtQQl
concurrency system.
Section 13.. Severabilitv
If any item or provision of this j-\mended and F;.es(<3:teo..Agreement is held
invalid or unenforceable, the remainder of the Agreement shall not be
affected and every other term and provision of this l\m?n(1~2~L.!::i!J~
Restated Agreement shall be deemed valid and enforceable to the extent
permitted by law.
Section 14.. Notice and General Conditions
A. All notices which may be given pursuant to this h.!IL~9~.0.._"j[lj~
Restated Agreement, except notices for meetings provided for
elsewhere herein " shall be in writing and shall be delivered by
personal service or by certified mail return receipt requested
addressed to the parties at their respective addresses indicated below
or as the same may be changed in writing from time to time. Such
notice shall be deemed given on the day on which personally served,
or if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
29
Deleted:
[ Deleted: 1
Deleted: This Agreement shall
become effective upon the signatures
of the School Board and County, and
shall remain in full force and effect for
a period of five (5) years from the
effective date.
Deleted: The execution of the
Agreement by each City shall make It
effective as to that City
Deleted: March 1, 2003
Deleted: This Agreement may be
extended upon the mutual consent of
the parties hereto
Deleted: this Agreement
Deleted: for an additional five (5)
years, on the same terms and
conditions as proVided herein,
provided that the party seeking an
extension gives written notice to the
other parties of such Intent to extend
no later than one (1) year prior to the
expiration of the then current term,
and the other parties agree in writing
to such extension Extensions shall
be valid as to those parties
consenting in writing thereto, even if
not all parties hereto so consent ~
! Inserted: here
[Del~i:~d:~.
[ Deleted: ~
i Deleted: this Agreement
July 17, 2007 Transmittal Draft
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
.,
Town Manager
Town of Bay Harbor Islands
9665 Bay Harbor Terrace
Bay Harbor Islands, Florida 33154
City Manager
City of Coral Gables
P.O. Box 141549
Coral Gables, Florida 33114-1549
Town Mana~
:Town of Cutler Ba\[
10720 Caribbean Blvd., Suite 'j 05
Cutler Bay, FL 33'189
City Manafill.[
City of Dora!
8300 N\N 53rd Street. Suite i 00
Doral, FL 33166
Mayor
Village of EI Portal
500 N. E. 87 Street
EI Portal, Florida 33138-3517
Mayor
City of Florida City
P.O. Box 343570
Florida City, Florida 33034-0570
Mayor
City of Hialeah
P.O. Box 110040
Hialeah, Florida 33011-0040
Chief Zoning Offlcial
City of Hialeah Gardens
10001 N.W. 87 Avenue
Deleted: Phone (305) 446-8910~
Fax. (305) 466-8919 ~
Deleted: cer
30
July 17, 2007 Transmittal Draft
Hialeah, Gardens, Florida 33016
City Manager
City of Homestead
790 North Homestead Boulevard
Homestead, Florida 33030
Village Manager
Village of Indian Creek
9080 Bay Drive
Indian Creek Village, Florida 33154
Village Manager
Village of Key Biscayne
85 West Mcintyre Street
Key Biscayne, Florida 33149
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
City Manager
City of Miami Beach
City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Citv Manager
City of Miami Gardens
1515 I\lW 16ih Street. Suite 200
Miami Gardens. FL 33169
Town Manager
Town of Miami Lakes
6853 Main Street
Miami Lakes, Florida 33014
Village Manager
Village of Miami Shores
10050 N.E. Second Avenue
Miami Shores, Florida 33138
City of Miami Springs
201 Westward Drive
31
July 17,2007 Transmittal Draft
Miami Springs, Florida 33166-5259
City Manager
City of North Bay Village
7903 East Drive
North Bay Village, Florida 33141
City Manager
City of North Miami
776 N.E. 125 Street
North Miami, Florida 33161
City Manager
City of North Miami Beach
17011 N.E. 19 Avenue
North Miami Beach, Florida 33162
Director of Community Development and Planning
City of Opa-Locka
777 Sharazad Boulevard
Opa-Locka, Florida 33054
Village Attorney
The Village of Palmetto Bay
3225 Aviation Avenue, Suite 301
. Miami, Florida 33133
Planning Director
Village of Pinecrest
12645 Pinecrest Parkway.
Pinecrest, Florida 33156
Deleted: 11551 S. Dixie Highway
City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Deputy City Attorney
City of Sunny Isles Beach
17070 Collins Avenue
Sunny Isles Beach, Florida 33160
Mayor
City of Sweetwater
500 S.W. 109 Avenue
Sweetwater, Florida 33174-1398
32
July 17,2007 Transmittal Draft
City Manager
City of West Miami
901 S.W. 62 Avenue
West Miami, Florida 33144
Miami-Dade County
Director Department of Planning & Zoning
111 N.W. First Street
Miami, Florida 33128
Superintendent
The School Board of Miami-Dade County, Florida
1450 N. E. 2 Avenue, Room 912
Miami, Florida 33132
B. Title and Paragraph headings are for convenient reference and are not
intended to confer any rights or obligations upon the parties to this
Amended and Restated Agreement.
Section 15... Merger Clause
This Amended and Reslateci~ AgreementJ. together with the Exhibits
hereto,- sets forth the entire agreement between the parties and there are
no promises or understandings other than those stated therein. It is further
agreed that no modification, amendment or alteration of this 6ml2!.)~t~rj...~'i~rj.
Restated Agreement shall be effective unless contained in a written
document executed with the same formality and of equal dignity herein.
The Exhibits to this J.\I"'nended and Re~tatE2:.tAgreement will be deemed to
be incorporated by reference as though set forth in full herein. In the
event of a conflict or inconsistency between this i~,rn(:nded ancU:S5.J.~!;~!1~j
Agreement and the provisions in the incorporated Exhibits then this
Amended and Restated Agreement will prevail.
Any amendment to this fl-.mended and Restajed .Agreement requested by
a local legislative body of the County or a participating municipality will be
placed on a School Board Agenda for consideration within sixty (60) days
of the School Board's receipt of such request. Likewise, any amendments
to this Amended and f~estated Agreement requested by the School Board
will be placed on the agenda of the local legislative body of the County
and participating municipalities for consideration, within sixty (60) days of
receipt of the request.
Section 16... Counterparts Clause
",.,
;);)
r Deleted: 4
, -
Deleted: Interlocal
( Deleted: 2
July 17,2007 Transmittal Draft
This Amended an;L Hesl9teg, Agreement may be executed in counterparts
and facsimiles shall constitu1e best evidence for all purposes.
Section 17" Supplementarv AQreements
All parties to this t\iTiETirJ&d anc1J:S.Qsu~J8d Agreement stipulate that the
School Board may enter into Supplementary Agreements with individual
municipalities to address individual circumstances. Any such
Supplementary Agreement shall be consistent with the statutes governing
this Amended ane.! nc~,t8i:ec\Agreement.
Section 18.. Favored Nations
Should the School Board enter into an agreement with another
municipality or County, separate or otherwise, which provides more
beneficial terms than those agreed to herein, the School Board shall offer
the same terms to all other parties to this
Agreement.
Section 1 . Exempt or Waived Municipalities
1.1. In cases where a municipality or other unit of local government (that
is not a party to this 8rne~i.?d and.:..J~'.5:;si~jeQ.:...Agreement by virtue of
statutory exemption or waiver) and whose decisions and/or actions with
respect to development within the municipality's or unit of local
government's jurisdiction, may impact on municipalities or units of local
government which are parties to this AmeXl!;if;iL~L!.fLB_~.'?.t~!(:!sLAgreement,
the School Board agrees to contact, through its representatives or
appropriate designees, these non-parties and invite them to become
signatories to this Amended and F!.estated Agreement. Failure to secure a
response or to have non-signatories become signatories to this tmQEg~?!}
and Rest.aled Agreement shall neither constitute, nor be considered, a
breach of this Amended aDd Restated Agreement.
1 ..2 This section shall not be interpreted to prevent exempt or waived
municipalities from participating in the processes under this fI.2.'Tlf-,D.geg and
Restated Agreement ,as they may relate to any public school facilities
located in unincorporated Miami-Dade County.
i?ection 20. NQ Hurd P~r:'ty Benefj.flarie'Ei.
The paliies expressly acknowledqe tJ:::.at itls [-lot theiUr!.tf;r.il..:t.J.gf;.?:L(::~g.r
confer any: rights or opligations in or \illQn allY th~rg persQn...QL.sD.titly.m1.QI
this Amended and F~estated Agreerne[lt. !\:l.!;;:Q~'_QLtlle._.R9.rt!!?_~.JlltE'.m.:L!\~
d i rectiy 0 r s u Q~~mt i allY Q.8 nEfEL a !b_ir~tpa rtLr:!YJbJ;3._hJ.Iismt:J.e..9..<'!"3~:U:~~:;;t9Y~()
Agreement. The parties ~ree that there are.lJQ thln;LP2~LYjLJ2e..QQEg9.fj(~~JQ
this ,'\rnended and Restated f\qre~rnenL...9J.1.<L_li'.@t.Jl.QJ:.lli_JtJ2slrt\I.....~j9JL.}~.(~.
entitled to assert 2 ciairn against 8t!,)L of.J;bf_JJart[e".'..Q9~SL L!W2rIJI:;ts
34
Deleted: Interlocal
(D;;leted: 6
'-- -
Deleted: Interlocal
Deleted: Interlocal
( Deleted: I
Deleted: Interlocal
Deleted: 8
Deleted: 8
Deleted: 8
Deleted: e
Deleted: and the First Supplemental
Agreement
July 17,2007 Transmittal Draft
Arnended and Restated A.9.r..eernent. r.~othlrLg herejIL..:sl@JLQE.i:gn!~!ruc:;d a~
consent by an\! 8Q8nCV or political. sIJl>j10.sion of Hleji"@te of i~J.9J.lga !iLtJQ
s u eQ.P.Y.Jb i rcL.j;'l~d@Q.lcu';l.IJ.L'}}?i"@L.~rJ.~jll(L2~(~_9t.2.Q.\!.S;S2.rXtI:~~L
IN WITNESS WHEREOF, this f\rnend?sLan..9..Be:?t:I@slJnterlocal Agreement has
been executed by and on behalf of Miami-Dade County, the Cities of City of
Aventura, Town of Bay Harbor Islands, City of Coral Gables,
Village of EI Portal, City of Florida City, City of Hialeah, City of
Hialeah Gardens, City of Homestead, , Village of Key Biscayne, City of Miami,
City of Miami Beach, Town of Miami Lakes, Village of
Miami Shores, City of Miami Springs, City of North Bay Village, City of North
Miami, City of North Miami Beach, City of Opa-Locka, Village of Palmetto Bay,
Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, City of
Sweetwater, and the City of West Miami, and the School Board of Miami-Dade
County, Florida, on this day of , 200.I.
The School Board of Miami Dade County, Florida
Attest:
(print)
By:
, Chair
Attest:
(print)
By:
, Secretary
Approved as to form:
School Board Attorney
35
Deleted: Village of Indian Creek
Deleted: 3
July 17, 2007 Transmittal Draft
Signature page to be provided by each municipality.
36
July 17, 2007 Transmittal Draft
Con ti~ U 0 use 0 [! cu rreu~ C:\} SE:XV iCil__l\n:~ 8'.5:._Q..Q.Q~ch!,[If,,-f.1.t;;.\!~,,;?~Ly'[r;.s..l\[~?:?_.\i}1J.i.~t.(:'E?
coqliq uo us. and tQ.lLC2h qJo t!.fLQi.J.S2l.9.sL of. t2.\;liC.:9JdtS i Q.s.gS'~i...CJ.t:S)'lt)l1:Jlli~n51?D.C
AHected Local Government ~DJLllidsdigtion \L'L~hiD.J..J.C~.(lQ..f9i~l!l. !~...\!!{hQ::~c:L,!,.!tD;J~,L~;'Ir:.:
utilized bv the propertv or imJ!.ro\f",!menUd!Jderi<9..iJ.sid?I9.ti.2D..by.JttS',-;?,~:i:~.Q.Lt;i29i5L
AnciUarv Facilities: The bulidinqc. si'(~s..nd _slt~:.Jmlli!:!.\L~.r.ni:.nL'L.nf,?~;?;;;f?L{.!q...[iL~):Lid(:i
2ili2po rt serv ices to the..li!;;hCl..9Ll3..Qa ra .'.?..,.s2~i~9ti.~~l22LpJ:QgrlJm~D(:d.I.:rJI i.Jq,..!llrtn')UIiI!itccl..io
yehicle storarle and maintenance. \fi~?reil.'?~@s~9.I:.~9I(1l0.l.'?!;r~1~IQJ2IJjJ9Inq:;::,
A p p! i can t: F or the PU rpose:;; QU,-chQ9Lt;:.r,2D~h!r.r~':::,IJ<:;;.:L._3,!lY.J!:: r;,,-Qr}..r:~r..f"tltLY_..~,ju(J.r~U;:jh!(iq~,
residential development
AHe n cia n ce 130 t! nd a D~Tl"1e -9&2.9 ra1m i C ,Sir.e EU!yjJi9.t,-tL'2.~?J~t&?JJ0~LL:,.isler!1ii\i,Ji!~_;!.'!.f;,!.i~
school assiqnment of studentsjesiding within th~t arGac
Available Capacit\f: Existinq. schooL~.91)acit\!. wb.j!;JE~t)"lLgU0r~!~,\J'{i\::UJllL~~QD~ldrr~)r::("Y
Servi ce Area in cl Lid i II q a ITL!lG...\fY scJJ5L2lS;,?.fl21gy-'cJ:E~l.t..Y\d!Ll).s:.l!J_gh? (,S:._Z.,l!J.Yi(~L..i~c,.tL!.(,d
construction, as identified in the first three year') 2fJt:e 5cIJ~?"QIlJjrillLc;i:~ fJx~..Y.5:~
Capital Plan.
Cities: The municipalities within Miami-Dade Countv, except lf19.lif..it@i arr.;c..'2:"::"{~2Lf0::'w
the Public School Facilities Element pursuant to Section '163.::J 11'1 (i2LL,-S-,-
Comprehensive Plan: As provided bV _~ction_ 163.1.JS-bc(4 L_f~,-::;;,-,~rL2iD~n.cjS:'::g.,..LJ!.!i:!n
tllat meets the requirernents..Qf:_:L9.-.1:.:3 i77 and.iS3.?>"1 ~~.,L.L
Co rlCI.! rrencv : 6.Lt2CQ0 deq..J.9Llo.._.EJori qa jjQmlT]ls?tLqJ1Y-~~,_.Gi~~J::':'...B!J.L0,',_5U::~D((?c,..!1!~
nece sse: rv pu b I ic fa cllities a nd ..~:~ rvi co t:.....J.Q.._.DJa i rJj:.<iULi;b?Drl.9J2J.!icLJ';;J,," L!:.L;::':;T\'!C!S:
standards are ave:jlable when th~.lrrli'29g1~.Qf.Qf'~J.~.QPJJ2f:'nL9g.(:iJr,
Co n C II rye n cv Service A fea (CSt'."l: ,Ii, geoqragl!J..f.. a:-8 2.......U.:.i...~L{tilG:~H) !'2:Jf,2!~(~L~2:U;f2:~I:.:;('JCLr
schools is measured when an 8ppiico!l9n fQ.Li.s:.~@~nti~L de~:;'!Qj2JJJi;:DL~'LrQ~0~.~~~U2i
school concurrency ourposes
Consistency: See Section 163)i9..:L.f.S.c
Development Order: As provided by SectionJ.63.31(;i4(i~.LF.~,"J3S ~lJIenclE::.9-,-~.!2I@r.
grantinq or qre:ntinq witll conditions, an application fQL..?: deveiopm~1-,'.LJ29rn]t
Educational Facility: The buildinqs and eQuipment. structures and 1;peci~..s:sllJcatjon?,!.
use areas that are built, installed or established to ser~e E!duGa.!.tQ.Dal.QurQ.QC::::..~sU2D.l~,
Educational Plant SUi'v€'V: a systematic study of schools conducteq at iea~1 eV_~i.y.lb!i2
years and submitted to the DOE for review and valjdation The s,urvey inciude~ aq
inventory of existinq educational and ancilla:-v plants 211d 1"s:.0,)mrTJ(~llCj.?.!l.9ns IQ.Ll:J.L~U:Q
needs
37
July 17,2007 Transmittal Draft
.Eva h..! aHa n Re [pO rt A repo rt f2 re p ared_~tt~~LS!!:.I~Q.Q.U::lj.?_gl\2t...~;@r~:\Uy.!IqJL~;.~ti~C~!
~acity is available~q serve 8 reslc:i~lltiaLJx()illU.L.fm.(;UL caj:l_?-9.;lY.Ez:i?.tf,_'t,fbEjjJ~~LjXil:
proposed development i~ co n c.Q..Q11J a II v clr2proy:~X! ()L_,:~gS'df0,"
~J(em pt Loca I Go V"iTtil [fie nt~. !-\ x!.~.nls:1j2_~.i1y..:N11!s:.tlj.s..ngu.Qql)J. C:~SLI9J}.s)j~~lii;1J2_S\j;,:'.!'(i..:i~;Jlpqi
con c u rrenc,! when m ee:ij.iJ.9.....fULjl~_.@.9!,!.I.@D:l.e:.iJ\?:.J2r..}:.if;'~~i.iJg_Jlg....'?GJQifi(~;':1[!L.lrril2':;(:i. .. (,i,
school enro II m e .DL.Qe r Se~tion _.1 bl}J]7 ( j2.1{J2L...E)?cc_.521:.J~~22~@~_.1i. ..I:)i'}L 1.t.?(~(3 iy(:~;j~l
waiver from the Departrnent of C0!T1rnunity.EJ:"@.jL..S_Q.~.L.~e.~tlQi0t1~_:::!.:.nLUJ{C~).,_F.,.':;.
iF i ria n c ia I F eaE\lbi! it.)! ;.1\S J2 rovi~sLJ..G...::,?ec::.tiQ!J_tQ.;L318.4.L32 2._.L_~_c3!.s;..?J.TJ.sr.IE1f!s:L_::e.L;fn i:.I.I~r.J'
revenues are currently available OL'i\!.ill be 2vail2J21~ frQm~.QLllr.Dj1t9!LJ.\..I.~igi1J95.Ql:1I';;'i'3_fp..r
the first 3 yearSc...9r wi1lJ)e aVCl@PJf:Jr:.g!ll CQll!Lni1lsc:L.QLQ[mmecl fllilr:iin~L~i!l..Urc.t;_s_f..QLVf9..C:'
4 anel 5, of a 5-year capital in"lPr~Jement schegule for financim:Lf..8.12l!al !!ll!2r()VE2!.ll.~~!J..t::-,-,
such as ad valorem taxes bonds, st.ate andlederal .fundsJ9X rS\lQ.rl11Q;?,.JJIlQ~g_.@_F~?-,
and !-\pplicant contributions. which are adegua.!&.19 fund ttl'" I2!'Q@~t'~~LQ..f:~tlL9i.t..h~j:.9[~t.9!
improvements identified in .the comprell.ensi\l~j)ia.D...Dec~?,'2.'3.r..Y..JQ.!""D?_ldD:,-Jl).i'A..9~Jgpl.r;;(d
level of service standards are achieved and malntain(:;9_ wLtOl.o.J~QS~t19.Q..'2.QY.E.r5jJ:U.J.t!~;
~ear schedule of capital imprQvements.
Five Year Pian; School District's annual corr!prehensl\l~J~.s.J2itaLpiaDI~!!J9_JtQf..:!.IfJ.~~nL~}gt
includes lonq ranqe planningJor facilitv needs over 8 fi\l~f_9LJS:J'\f2'lJ:.ED...QJ'i:!..eJJli:~)lq:Q.!:
.Qlanninq 1'lOrizoll. The adopted Schor)l District's F!y'Q:YQSiI:..1YgrL.EJ:.()~JI9m..9n~t.~?fdit~jl
Budget as authorized bv Section 'i0'l335, F.S.
Florida InventoQ[ of School Ho\:!?~~jfJSHI -- .E.?fTiiPg~nJ..i-:;il..E~.(.~Jty...;_Ttl~"-.r.2I22[L9fJ)J~~
perrna n ent ca pa cit:L91~xi ~Q9.J?1!~i?g!..9..Q1J!?!!2[1ltiQ?cJ]J_e-1=T?J:Lf:~m.:l_(:~it.LJ~:.JUs.UlJrnr)(';r
of students that may be housed in a fadlit\! (school) ..ill 8n\l....9.l:is:JJ1.JIIIi~J).9-?.5.(L..')D.rJ
J?~rcentaq e of the t ota I n u m bc,?.L..9L~ xi ~!!i.Llg._~1ldQ&QLE.l:9.tJ..9JJ~L?I.g_9..!;i~~?jgI19.J::.c.L~;:.i?'?fqi.
each program.
Level of Service {LOS} Standard: As prov:dec1 fo!_!il.1b2..ilQ!..Lci:.': AdQJ!n!:jr.~:i.t.I.~L~L("~2~.J::~
Rule 9J-5.003. an indicator of the extent or deoree of service p[QY..kled b)~Ll~[(212.(L~9Q
to be provided by. a facilitv based on and related to the ooeratiQIlal chal?.&.1enstl0s of tel!;!
facilitv
local Governments: Miami Dade County 2md!0::rJ1J.f.: Citi?21ocal~.9..J!libin it;;J:;ol::!.Q9.sDL.
Maximize Capacity Utiliz.ation: The use aS student capacitL!r!.3a~!LgS!-\ to_.i!JS!
qreatest extent possible. based on the adoQ:(ed level of secyjce and the..1o.,a! nUIll.!2.~LQf
permanent student stations accordinq to the FISH inventor'Ll9kil}gjnto acz::gunt~'@..Qk:ij
considerations such as. core c8pacit:L_ special p.lQ.gr..sm~Jfam~Q.Ql~tjgD.._...~Q'21::?..c
qeographic impediments, court ordered des.s.q@q8tior~,- ancl c!as:;;._.'?i?~___@gJd.<;:lli;::D
requirements to prevent disparate enrol!ment levels betweer~..:2.cdL.QQ1~Qf... the J?:-.<:'iQS:.J'!.I?:.3:
(elementary. middle. highLand provjeie 5!11 equitable di~Il~:!J.t.Lon QJ__~\~l!;iSJi.L,;:n[glU:D?cit
district-wide.
[NOTE: Schoof Board staff to review Q!2QY.fLQ..QJ]rxt!J.9./.LiJ.i liu[JLQU~QI!!J.CI;,)ry.:;C,f[f.!U!
process and adoDted rules to ensurfj it i.s9.!1.f21Qf)riE~te.7
Permanent School Djstric.LEacmtie!::-..; P,Jl area NitrJ.!D_. a ~JJqL~h::;)LRr.Q..'Ll.r,les,
instructional space for tile maximum numbei" of st~dents in CQI~~cuCic!.JJ.2 COUf.?..9S whlgb
38
July 17,2007 Transmittal Draft
are assiqned to a teac!ler based on .tl~le ,~~Q!'\stjibd!15:~n~~rI'!~i.\51Ln.~?Sl~._JS2L~..v:~.1.ft~.}_~._%~iZ_~}
reduction and is not moveabil?~
house a student in an insiTuGlionaLJ}roqra(n,-~? df:tenJJill("3.5! :YL.1!JiU:::rj~:2JL
Proportionate Share ~\~ijt~qat~Gn ~ IlJ...n /=\Qi2]fGc-l!lt lrnl?ro\jeJJ}e(rl!~T cor~ILt-1..~(tJ~~[L19E_o5jflf~~L.ln
a binding and enforceable 99reeiTlelJ.Lr)etween Hie /~"QI,.&r.;aI}Ub~,;-:;.s;.UL;:;:2LI:3.g,r~L:Lqr:i<:-Ut!~'
Local Government with jurisdiction 0\181' ttie j~R.Q.rQ.\!9L9f ~lJ5i.J?J.?~\,--,;;..:i?..J~is;CL;c.;cJl1rn,;:i!9U~".!
equivalent provide compensation fm tile addit.~Qn8LQernarl!L~!IL.j),ld..b.lk. '.3~:b.Q::JL ir.lgilt0_(~;.
caused J2.y~'esidentia! r:l'2.~lot2J:JJent.-S!f the j?i.~.JjL as __2~_J..2E1LL_J.)'::~2~;:Q2r!
1633180(13)(8), F.S"
Public School Faci!ities Facilities fori:he education Qi!,:t~LQ_C?IlJr..QEQli'.::!S..U:!."1~i9:~l.r~..Qfl
!hrouqh twelfth grade qperated bV the School DistCLc:i.
Schooi Board: Tile qoverningJJodv at th9.-i~~tl901..Ql~J!ig1t...l~J2Q!.ITt~~2.t ,:?!~tJ.9J.\.:~j,:?.iq.n,.,qLitJos~
State of Florida and a bogy cC!.!:0?S?.1t?J:!!..ii'SJ,J80U9 S~g.tiOD.:iQQ:L:1J~.L?-,
Sc h 00 I D istr~cJ of lV~ ~E~~~si~M..[~9.~,&n~_.J~tLEE_~_9_9.b:?~9.Lwr}L9tds,;.Lh_Qr.f:~.:~.t.Qs.L ,.f~:.!~.L...,~:;,:~1::j;~(;_(i,~,~.!
12ursuant to Section 4, l\rtici~Y of thf.?_litak_Qf !-J9ric1EL(,~2.r0Jlt.lrQ..'2tl.,
!5tud e nt Gen e ratio Ii M u H;t:l!Je l' i SG M): t\....19!~.....:.J..?2~JQ...Q?Jcu i ""!:2...1r12....iJ..\JJn.~:.Q.u!Ls.t'J.~J.f~U:t?
by school type (elemental'\!. middl~>....b.19b) and. housinq type ~Ulg@:iarr.illY._..rQ~Jli@fUji{,
etc.) that can be anticipated from a new residential de\/.elo!2rDftut
Type of School: Schools providlllQ, the same !evel of educ:?i!Q[L.L~,..(j.9.cC:.Qr.!tqI\L..m.l.<1(:ii::;,
high school, or other combination O'f aiade ley~t?c
Utilization: Aratia showinq the comparison of the total numb8X......:2L2tudents enrQi!e!Lts~
the overall capacity of .eJ2ub!ic schoo! facility within o. Conr;urrE?i1c'LService/vr:;a (c::5..f:0.c
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ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING AN
'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE
2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF
SERVICE STANDARDS FOR PUBLIC SCHOOLS AND FOR THE CITY
OF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF
OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO
ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC
SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING POLICY 4.18
OF OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT AND
AMENDING THIS POLICY TO ADOPT BY REFERENCE THE CITY OF
AVENTURA 2007/08-2011/12 CAPITAL IMPROVEMENT PLAN; BY
AMENDING AND ADDING PUBLIC SCHOOL FACILITIES TO THE
CONCURRENCY MANAGEMENT SECTION OF THE CAPITAL
IMPROVEMENT ELEMENT; BY ADDING A NEW POLICY 1.21 TO
OBJECTIVE 1 OF THE INTERGOVERNMENTAL COORDINATION
ELEMENT TO COORDINATE THE ESTABLISHMENT OF LEVEL OF
SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO
RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT TO
POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER
163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Department of Community Affairs found in compliance
the City of Aventura Comprehensive Plan in February, 1999; and
WHEREAS, the Florida Department of Community Affairs found sufficient the
City of Aventura 2005 Evaluation and Appraisal in March, 2007; and
WHEREAS, Sections 163.3177(12)(i) and 163.3180(13) of the Florida Statutes
requires that public school concurrency be adopted by all Florida school boards, counties
and non-exempt municipalities; and
Ordinance No. 2008-_
Page 2
WHEREAS, the City of Aventura has proposed the adoption of an Education
Element into its Comprehensive Plan in order to comply with State statute; and
WHEREAS, the City of Aventura has proposed amendments to the policies of the
Capital Improvement and Intergovernmental Coordination Elements of the
Comprehensive Plan to support the new Education Element;
WHEREAS, the City Commission finds that the proposed amendments will not
result in impacts on any infrastructure system that will exceed established level of service
standards and are otherwise consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Aventura; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the Comprehensive Plan to include the Education Element and to include the
amendments to the Capital Improvement Element and Intergovernmental Coordination
Element to support the goals, objectives and policies of the new Education Element.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. FindinQs. The foregoing "Whereas" clauses are hereby ratified
and incorporated as the legislative intent of this Ordinance.
Section 2. Addition of Education Element. The following element is added
to the City of Aventura Comprehensive Plan 1:
"EDUCATION ELEMENT
EDUCATION GOAL
Develop. operate and maintain a system of public education in co-operation with Miami-Dade
County Public Schools and other appropriate Qovernmental aQencies. which will strive to
1 Underlined provisions indicate additions, Stricken-through text indicates deletions.
2
Ordinance No, 2008-_
Page 3
improve the Quality and Quantity of public educational facilities available to the citizenry of the
City of Aventura.
OBJECTIVE 1
Work towards the reduction of the overcrowdinQ which currently exists in Miami-Dade County
Public Schools. while strivinQ to attain an optimum level of service pursuant to Obiective 2.
Work in co-operation with Miami-Dade County Public Schools and other appropriate
Qovernmental aQencies to provide additional solutions to overcrowdinQ so that countywide
enrollment in Miami-Dade County's public schools will meet state requirements for class size by
September 1, 2010,
Measure: Annual review by Miami-Dade County Public Schools to compare official enrollment
of the school system with the number of student stations available to determine the current
operatinQ level of service.
Policy 1.1
Continue to work with Miami-Dade County Public Schools in its efforts to continue to provide
new permanent student stations,
Policy 1.2
Continue to work with Miami-Dade County Public Schools in the City's efforts to operate.
maintain and expand alternative educational facilities to relieve overcrowdinQ at public schools.
in so far as fundinQ and rules permit.
Policy 1.3
Cooperate with Miami-Dade County Public Schools in their efforts to maintain and/or improve
the established level of service (LOS) standards, for Public Educational Facilities. as
established for the purposes of public school concurrency,
Policy 1.4
Miami-Dade County Public Schools' comments shall be SOUQht and considered on
comprehensive plan amendments and other land use and zoninQ decisions which will increase
residential density, in order to be consistent with the terms of the state mandated Interlocal
AQreement pursuant to Sections 1013,33,163,3174 and 163,31777, Florida Statutes.
OBJECTIVE 2
The City shall coordinate new residential development with the future availability of public
school facilities consistent with the adopted level of service standards (LOS) for public school
concurrency,
3
Ordinance No. 2008-_
Page 4
Measure: Annual review, in cooperation with all parties to the Interlocal Aoreement for Public
School Facilitv Plannino, of the latest adopted Miami-Dade County Public Schools Facilitv
Work Prooram to determine if the adopted concurrency level of service standards are beino
met.
Policv 2.1
Upon public school concurrency becomino effective, the adopted level of service (LOS)
standard for all Miami-Dade County public school facilities is 100% utilization of Florida
Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms), This LOS
standard shall be applicable in each public school concurrency service area (CSA). defined as
the public school attendance boundary established bv Miami-Dade County Public Schools,
All public school facilities should continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms), Public school facilities that achieve 100%
utilization of Permanent FISH capacity (No Relocatable Classrooms) should no lonoer utilize
relocatable classrooms except as an operational solution,
Level of Service standards for public school facilities shall applv to those traditional educational
facilities, owned and operated bv Miami-Dade County Public Schools, that are required to serve
the residential development within their established Concurrency Service Area. Level of
Service standards do not applv to maonet schools, charter schools and other educational
facilities that may have districtwide attendance boundaries; however, their capacity is credited
aoainst the impact of development. No credit aoainst the impact of development shall be oiven
for such districtwide educational facilities if their enrollment is at. or above. 100% FISH capacity
(with Relocatable Classrooms),
Relocatable classrooms may be used bv Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard durino replacement. remodelino, renovation or
expansion of a public school facilitv; and in the event of a disaster or emeroencv which prevents
the School Board from usino a portion of the affected school facilitv,
PolicV 2.2
If demonstrated to be feasible. Miami-Dade County Public Schools and the City of Aventura will
strive for all public school facilities to achieve 100% utilization of Permanent FISH (No
Relocatable Classrooms) capacity bv January 1. 2018. To this end, beoinnino January 1, 2013
the Miami-Dade County Public Schools should not use relocatable classrooms to provide
additional FISH capacity at any school except as an operational solution, Additionallv, if
feasible. beoinnino January 1, 2013 the Miami-Dade County Public Schools will implement a
schedule to eliminate all remainino relocatable classrooms bv January 1, 2018.
Bv December 2010, the City in cooperation with Miami-Dade County Public Schools will assess
the viabilitv of modifvina the adopted LOS standard to 100% utilization of Permanent FISH for
all CSAs.
Policv 2.3
4
Ordinance No. 2008-_
Page 5
In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed
development's impact. the development may proceed provided at least one of the followinq
conditions is met:
a) The development's impact can be shifted to one or more contiquous CSAs that have
available capacity and is located, either in whole or in part, within the same Educational Impact
Fee Benefit District as the proposed development; or
b) The development's impact is mitiqated, proportionate to the demand for public schools it
created, throuqh a combination of one or more appropriate proportionate share mitiqation
options, as defined in Section 163,3180 (13)(e)1, Florida Statutes, which shall be enforced by a
leqally bindinq aqreement with the City and Miami-Dade County Public Schools; or
c) The development's impacts are phased to occur when sufficient capacity will be available.
If none of the above conditions is met. the development shall not be approved.
Policy 2.4
Concurrency service areas shall maXimize capacity utilization, takinq into account several
factors, includinq transportation costs, student travel times, socio-economic obiectives, and
recoqnition of the timinq of capacity commitments, Other considerations for amendinq
concurrency service areas may include safe access (includinq factors such as the presence of
sidewalks, bicycle paths, turn lanes and siqnalization, qeneral walkability), diversity and
qeoqraphic or man-made constraints to travel. The types of physical or operational
adiustments to school capacity that will be considered in the County shall be determined by
Miami-Dade County Public Schools' policies on maximization of capacity,
OBJECTIVE 3
Obtain suitable sites for the development and expansion of public school facilities,
Measure: Annual inventory and assessment by Miami-Dade Public County Schools of its
property,
Policy 3.1
In the selection of sites for future educational facility development. the City encouraqes Miami-
Dade County Public Schools to consider whether a school is in close proximity to residential
areas and is in a location that would provide a IOQical focal point for community activities.
Policy 3.2
5
..~'
Ordinance No. 2008-
Page 6
Where possible, Miami-Dade County Public Schools should seek sites which are adiacent to
existino or planned public recreation areas, community centers. libraries. or other compatible
civic uses for the purpose of encouraoino joint use facilities or the creation of looical
focal points for community activity,
Policy 3.3
When considerino a site for possible use as a school facilitv, Miami-Dade County Public
Schools should review the adequacy and proximity of other public facilities and services
necessary to the site such as roadway access, transportation, fire flow and portable water.
sanitary sewers, drainaoe, solid waste. police and fire services, and means bv which to assure
safe access to schools. includino sidewalks, bicvcle paths, turn lanes, and sionalization,
Policy 3.4
When considerino a site for possible use as an educational facilitv Miami-Dade County Public
Schools should consider whether the present and proiected surroundino land uses are
compatible with the operation of an educational facilitv,
Policy 3.5
The City of Aventura shall continue to cooperate with adjacent local oovernments and Miami-
Dade County Public Schools in utilizino Miami-Dade County Public Schools as emeroencv
shelters durino emeroencies,
OBJECTIVE 4
Miami-Dade County Public Schools, the City and other appropriate iurisdictions shall establish
and implement mechanism(s) for on-ooino coordination and communication to ensure the
adequate provision of public school facilities,
Measure: Number of coordination and communication mechanisms, includino Interlocal
Aoreements, established and implemented,
Policy 4.1
The City shall coordinate and cooperate with Miami-Dade County Public Schools. the County,
the State and other appropriate aoencies to develop or modify rules and reoulations in order to
simplifv and expedite proposed new educational facilitv developments and renovations.
Policy 4.2
The location of future school facilities should occur where capacity of other public facilities and
services is available to accommodate the infrastructure needs of the school facilitv,
Policy 4.3
Miami-Dade County Public Schools should coordinate school capital improvement plans with
the planned capital improvement projects of the City and other County and municipal aoencies,
Policy 4.4
6
Ordinance No, 2008-_
Page 7
The City shall coordinate with Miami-Dade County Public Schools and the County to provide for
pedestrian and traffic safety in the area of schools and sianalization for school facilities,
Policy 4.5
The City shall coordinate with Miami-Dade County Public Schools and the County to annuallv
review this Element and make amendments if necessary.
OBJECTIVE 5
The City shall continue to operate and maintain the municipallv-owned Aventura City of
Excellence School (ACES),
Measure: Continued operation and maintenance of the Aventura City of Excellence School
(ACES),
Policy 5.1
The City and Miami-Dade County Public Schools shall follow the procedures established in the
adopted Charter School Contract. as amended from time to time, for operation, maintenance
and fundina of the Aventura City of Excellence School. which school is built to SREF standards
of the Florida Buildina Code,
Policy 5.2
The mission of the School is to provide the residents of the City of Aventura an educational
choice for their children within the City limits while alleviatina some of the County's arowina
educational needs, The school will serve students in Grades Kinderaarten throuah Eiaht.
Policy 5.3
The City shall consider a proposal for proportionate share mitiaation that provides improvement
for ACES, if the development is located within the City,
Policy 5.4
The Level of Service (LOS) standard of Policv 2,1 of this Element is hereby adopted as the LOS
standard for ACES,
Policy 5.5
The City shall use Florida Department of Education desian criteria to calculate the capacity of
ACES.
Policy 5.6
The City shall strive to enroll a student population of 100% of the capacity in the adopted
Charter School Contract for ACES.
7
Ordinance No. 2008-
Page 8
Education Element Map Series
Consistent with Section 163,3177(12)(0), Florida Statutes, maps showino existino and future
conditions are included in the element A map series - Fioures 1 Band 2B - has been included
which indicates the location of existino and proposed public schools and ancillary facilities over
the 5-year plannino period. This map series was prepared by Miami-Dade County and is
included, alono with maps for existino and proposed public schools in four areas of the County
that are oenerally equivalent to the proposed Educational Impact Fee Benefit District. in the
County's Education Element The map has been revised by the City of Aventura to show the
location of the Aventura City of Excellence School (ACES),
Map locations of future public school facilities are oeneral and do not prescribe a land use on a
particular parcel of land.
Fioure 1 B - Existino Educational and Ancillary Facilities
Located in the Northeast Area - 2007
Revised to show Aventura City of Excellence School
Fioure 2B - Proposed Education and Ancillary Facilities
Located in the Northeast Area - 2012/13"
Section 3. Amendment to Capital Improvement Element. The Capital
Improvement Element of the City of Aventura Comprehensive Plan is hereby amended as
follows 1 :
Policy 2.4 of Objective 2 of the Capital Improvement Element is amended to include Level
of Service standards for public schools
Policy 2.4
The Five-Year Capital Improvements Program, or the City's contract providers as appropriate,
shall incorporate the identified capital investments from each functional element and will be
based on the following LOS standards:
," Potable Water Supply". Fire Protection",
8
Ordinance No, 2008-_
Page 9
"Public Schools
The City shall coordinate new residential development with the future availabilitv of public
school facilities consistent wit the adopted level of service standards for public school
concurrency. bv reviewinq residential plats. site plans and their functional equivalent for their
impact on level of service standards,
Upon public school concurrency becominq effective, the adopted level of service (LOS)
standard for all Miami-Dade County public school facilities is 100% utilization of Florida
Inventorv of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS
standard shall be applicable in each public school concurrency service area (CSA), defined as
the public school attendance boundary established bv Miami-Dade County Public Schools,
All public school facilities should continue to maintain or decrease their percent utilization of
FISH capacity (With Relocatable Classrooms). Public school facilities that achieve 100%
utilization of Permanent FISH capacity (No Relocatable Classrooms) should no lonqer utilize
relocatable classrooms except as an operational solution.
Level of Service standards for public school facilities shall applv to those traditional educational
facilities, owned and operated bv Miami-Dade County Public Schools, that are required to serve
the residential development within their established Concurrency Service Area, Level of
Service standards do not applv to maqnet schools. charter schools and other educational
facilities that may have districtwide attendance boundaries: however, their capacity is credited
aqainst the impact of development. No credit aqainst the impact of development shall be qiven
for such districtwide educational facilities if their enrollment is at. or above, 100% FISH capacity
(with Relocatable Classrooms),
Relocatable classrooms may be used bv Miami-Dade County Public Schools as an operational
solution to achieve the level of service standard durinq replacement. remodelinq, renovation or
expansion of a public school facilitv: and in the event of a disaster or emerqencv which prevents
the School Board from usinq a portion of the affected school facilitv,
Aventura City of Excellence School (ACES)
The Level of Service (LOS) standard set out above for Public Schools is hereby adopted as the
Level of Service (LOS) standard for ACES,"
Policy 4. 18 is added to Objective 4 of the Capital Improvement Element to adopt by
reference the Miami-Dade County Public Schools Facilities Work Program
"Policv 4.18
To address financial feasibilitv associated with school concurrency, Miami-Dade County Public
Schools Facilities Work Proqram for educational facilities. as formallv adopted bv Miami-Dade
County Public Schools in September, 2007. is hereby adopted bv reference as part of the
Capital Improvement Element."
9
Ordinance No. 2008-
Page 1 0
Policy 4. 18 of Objective 4 of the Capital Improvement Element is renumbered to Policy
4. 19 and amended to adopt by reference the most current City of A ventura Capital
Improvement Program
"Policy 4.13~
The City of Aventura 2005/06 2009/102007/08 - 2011/12 Capital Improvement Program and
the Capital Improvements Schedule included therein, contains a schedule of projects that the
City shall implement in order to meet its adopted Level of service standards and ensure the
financial feasibility of this Comprehensive Plan, The 2005/06 2009/102007/08 - 2011/12
Capital Improvements Program is hereby adopted by reference as part of the Capital
Improvement Element."
The Concurrency Management System section of the Capital Improvement Element is
amended to include public school facilities and existing sections are renumbered
"Concurrency Management System
A key component of the Growth Management Act is the concurrency management system.
Section 163,3202 F,S. requires local governments to amend its land development regulations to
incorporate specific and detailed provisions which shall provide that public facilities and services
meet or exceed the LOS standards established in the Plan's Capital Improvements Element
and are available when needed for the development, or that the development orders or permits
are conditioned on the availability of these public facilities and services necessary to serve the
development. Chapter 163.3164, F.S, defines 'development order' to include any zoning action,
subdivision approval, certification, permit, or any other official action of local government having
the effect of permitting the development of land, A variety of such development orders are
typically issued by local governments, These include zoning district boundary changes,
variances, unusual use, and site plan approval; environmental permits and certifications;
tentative and final subdivision plat approval; building permits, and certificates of use and
occupancy,
In order to implement the concurrency requirements mandated by Chapter 163, F.S, the City of
Aventura shall enact by ordinance, a concurrency management system which accomplishes the
statutory requirements, Administration of the required program involves the establishment of
methods and capabilities to monitor outstanding development commitments and service
demands posed by such commitments, plus the existing, programmed and projected capacities
of all pertinent urban service facilities or systems,
The Aventura concurrency management system shall make appropriate concurrency
determinations in conjunction with the following development approval activities:
1) at the time of zoning actions, site plan approvals and subdivision approvals;
10
Ordinance No. 2008-_
Page 11
2) prior to the issuance of building permits; and,
3) prior to the issuance of certificates of use and occupancy.
In general, no zoning action authorizing a new use or the expansion of an existing use and no
subdivision plat or site plan shall be approved unless the facilities necessary to maintain level of
service standards exist or are projected to exist when necessary to serve the development.
Zoning approvals shall be based on inclusion of necessary facilities in the applicable Element of
the Plan, or in the plan or work program of the agency having jurisdictional responsibility for
provision of the facilities, Such findings shall be included in staff recommendations to the City
Commission, or other applicable board, If the foregoing plans and programs indicate a low
probability that concurrency will be met, but the necessary facilities are technically feasible,
such rezoning action should be preceded by an amendment to the appropriate plan or work
program to add the necessary facilities. Alternatively, such zoning may be approved if the
applicant executes a written agreement to provide the necessary facilities on a timely basis, All
such development approvals prior to the 'Principal Concurrency Determination' will contain a
notice reserving the right of the City to make its principal concurrency determination prior to the
issuance of building permits,
A principal concurrency determination will be required prior to obtaining any subsequent
development order. It is intended that at least one principal concurrency determination be made
at an early stage in the development planning process, prior to the point at which major
expenses are incurred in reliance on development approval. Principal concurrency
determinations will be made prior to the approval of subdivision plats or, in instances where plat
approvals are not required or have predated the effective date of the concurrency requirement,
a principal concurrency determination will be made prior to issuance of a building permit. A
principal concurrency determination made at final plat approval will serve as the determination
of requested building permits where said permits are issued within two (2) years after the date
of final plat approval. Where the applicant demonstrates that development has commenced on
a timely basis and is continuing in good faith, this period may be extended but in no case shall
this period exceed five (5) years after final plat approval. Administrative procedures for
demonstrating that development has commenced on a timely basis and is continuing in good
faith shall be established in the land development regulations,
. Except as provided below, in no instance shall a building permit be issued authorizing
construction of a new building or expansion of an existing building unless facilities
necessary to maintain LOS standards are existing and available or are assured to be
existing and available within the following timeframes~ rel:3tive to the date of issuance of
:3 certificate of use :3nd occup:3ncy (CO)
1) Necessary water, sewer, solid waste and drainage facilities must be in place and
available at the time of issuance of a CO;
11
Ordinance No. 2008-_
Page 12
2) Necessary park land must be dedicated to and accepted by the City no later than
the date of issuance of the first CO for that development or funds in the amount
of the developer's fair share shall be committed prior to the issuance of the first
CO unless the developer has entered into a binding agreement to dedicate an
improved park site within twelve months after issuance of the first CO;
3) Necessary transportation facilities must be contracted for construction no later
than 36 months after issuance of a CO
Assurance that the facilities (the term facilities shall mean or shall include land,
and the phrase 'construction of facilities' shall mean acquisition of land, when
applicable to a Plan LOS standard) will be constructed, or acquired and
available, within the timeframes established in the above paragraph shall be
provided by the following means:
(4) Necessary public school facilities must be in place or under actual construction
within 3 years after issuance of final subdivision or site plan approval or the
functional equivalent. or assured bv a proportionate share mitiqation aqreement.
49.) The necessary facilities are under construction at the time the building permit is
issued;
aQ) The necessary facilities and services are the subject of a binding executed
contract for the construction of the facilities or the provision of services at the
time the building permit is issued;
en The necessary facilities are funded and programmed in the first year of the
implementing agencies adopted capital budget or are programmed in the CIE for
the construction or acquisition; the necessary facilities shall not be deferred or
deleted from the CIE work program or adopted one-year capital budget unless
the dependent building permit expires or is rescinded prior to the issuance of a
certificate of use or occupancy;
7~) The necessary facilities are programmed, in the five year first three (3) years of
~capital facility plan or work program of the State agency having operational
responsibility for affected facilities, for construction or acquisition;
g~) The necessary facilities and services are guaranteed, in an enforceable
development agreement, to be provided by the developer. An enforceable
development agreement may include, but is not limited to, development
agreements pursuant to Section 163,3220, F,S, or an agreement or development
order issued pursuant to Chapter 380, F,S.; or
12
Ordinance No. 2008-_
Page 13
9.1.Q) Timely provision of the necessary facilities will be guaranteed by some other
means or instrument providing substantially equivalent assurances,
Wll) Where solid waste disposal facilities are to be available for years 3 through 5
pursuant to the adopted LOS standard are not in place and available prior to the
issuance of a CO, a commitment for that capacity to be in place and available to
accommodate projected demand in those future years shall be made through the
means above, prior to the issuance of a CO,
4+ 12) A proposed development will not be denied a concurrency approval for
transportation facilities provided that the development is otherwise consistent
with the adopted Comprehensive Plan and it meets the following criteria
pursuant to Section 163,3180, F,S,:
. The proposed development is located within the Urban Infill Area (UIA),
as adopted and described in the 1997 Miami-Dade County
Comprehensive Development Master Plan Capital Improvements
Element and the Transportation Element, Traffic Circulation Subelement
Policy 1 8,
It is anticipated that after building permits are issued, determinations of concurrency prior to the
issuance of COs may simply involve review and verification of compliance with terms and
conditions set forth in the foregoing paragraphs,
The concurrency management system is solely used to implement minimum level of service
standards, In the review of applications for development orders, neither the satisfaction of
these minimum standards, nor exceptions from them, shall preempt the City of Aventura from
considerations of any other standards nor criterion set forth in the applicable development
regulations, "
Section 4. Amendment to the Interaovernmental Coordination Element. The
Intergovernmental Coordination Element of the City of Aventura Comprehensive Plan is
hereby amended as follows 1 :
Policy 1.21 is added to Objective 1 regarding establishment of level of service standards
for public school facilities
"Policv 1.21
The City shall coordinate with Miami-Dade County Public Schools, the County and other parties
to the adopted Interlocal AQreement for Public School Facility PlanninQ to establish LOS
standards for public school facilities and any amendments affectinQ public school concurrency."
13
Ordinance No. 2008-
Page 14
Policies 1.21 to 1.24 inclusive of Objective 1 are renumbered
"Policy ~1.22
The City will annually review Miami-Dade County Public School's Tentative District Educational
Facilities Plan and the 5-Year Workplan, as provided for in the "Interlocal Agreement for Public
School Facility Planning in Miami-Dade County". This review will include an analysis of the
Tentative District Educational Facilities Plan and the 5-Year Workplan's consistency with the
Comprehensive Plan, and the identification of any necessary Comprehensive Plan
amendments,
Policy -1-.221.23
The City shall continue to coordinate with the State and other agencies, as appropriate, in
achieving the goals, objectives, and policies of the State Comprehensive Plan,
Policy 4-.231.24
The City shall continue to coordinate with the South Florida Regional Planning Council, and
other agencies as appropriate, in achieving the goals, objectives, and policies of the South
Florida Strategic Regional Policy Plan,
Policy .f..U1.25
The City shall coordinate, as appropriate, with the State of Florida, South Florida Regional
Planning Council, Miami-Dade County Public Schools, and other agencies in the adoption of a
Public Schools Element into the Comprehensive Plan by 2008, Areas to be addressed in the
Public Schools Element include, but are not limited to, public school concurrency requirements,
coordination with other jurisdiction in the development and implementation of uniform school
concurrency procedures, proportionate share school impact mitigation options for developers,
the collocation of schools with other public facilities, the location of schools proximate to
residential areas, the use of schools as emergency shelters, the location of existing and
planned school facilities (including maps). "
Section 5. 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.
14
Ordinance No. 2008-
Page 15
Section 6. Inclusion in the Comprehensive Plan. 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 Comprehensive Plan of the City of Aventura,
Section 7. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs and other agencies as
provided under Chapter 163, Part II of the Florida Statutes.
Section 8, Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as
follows:
Commissioner Zev Auerbach
Commissioner Billy Joel
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
15
Ordinance No. 2008-_
Page 16
PASSED on first reading on this 2nd day of October, 2007,
PASSED AND ADOPTED on this 8th day of January, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
HM~
City Attorney
16
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Proposed Public Safety Radio System Protection Ordinance
1st Reading September 11,2007 City Commission Meeting Agenda Item 1-A
2nd Reading October 2, 2007 City Commission Meeting Agenda Item q #A
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance establishing
regulations to protect the City's police communications system,
,~
BACKGROUND
Due to the increased levels of wireless communications within the City, construction of
new buildings and existing commercial buildings with poor radio reception, the Police
Department is recommending that an Ordinance be adopted to protect radio
communications for public safety.
The Ordinance would require new buildings and structures which cannot support the
required level or radio coverage to install equipment to resolve the radio reception
limitations.
This matter was discussed at the July Workshop Meeting,
EMS/act
Attachment
CC01589-07
~.
ORDINANCE NO. 2007-_
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 31
"LAND DEVELOPMENT REGULATIONS", AT ARTICLE Xl
"DEVELOPMENT STANDARDS OF GENERAL
APPLICABILITY", BY CREATING SECTION 31-242
"PUBLIC SAFETY RADIO SYSTEM PROTECTION"; TO
PROTECT RADIO COMMUNICATIONS FOR PUBLIC
SAFETY IN THE CITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR PENALTY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura ("City") finds that it is
necessary to further enhance the provisions of Chapter 31 of the City Code concerning protections
to radio communications for public safety in the City; and
WHEREAS, this proposed Ordinance would provide for adequate protection of the City's
radio system coverage in new and in substantially improved existing buildings, and would
otherwise protect the public safety radio system and help ensure that police officers or any other
public safety officials using the radio system may communicate during emergency situations; and
WHEREAS, the City Commission has been designated as the Local Planning Agency for
the City pursuant to Section 163.3174, F. S.; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendments pursuant
to the required public hearing and has recommended approval to the City Commission; and
WHEREAS, the City Commission has held the required public hearings, duly noticed in
accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and
has determined that such action is consistent with the Comprehensive Plan; and
WHEREAS, the City Commission finds that this proposed Ordinance serves to further
enhance the protection of the public health, safety and welfare.
Ordinance No. 2007-
Page 2
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and
confirmed.
Section 2. City Code Amended. That Article XI "Development Standards of General
Applicability" of Chapter 31 "Land Development Regulations" of the City Code, is hereby
amended by creating Section 31-242, "Public Safety Radio System Protection," to read as follows:
Section 31-242.
Public Safety Radio System Protection
a) In General. To the fullest extent allowed by applicable law, it is hereby provided that no
person shall knowingly maintain, erect, or construct any building or structure, install or operate
any electronic device, system, metals, or apply any coatings or other paints for commercial use,
multi-family dwelling, or institutional use that would degrade, block or limit the penetration and
or transmission of radio waves into or out of any building or structure and thereby fail to support
adequate radio coverage for the City's Police Department radio system or the City's Police
Department's interoperability with other public safety communications. For purposes of this
section, the term "adequate radio coverage," shall include each of the following:
1) minimum signal strength of -95 dbm received at the City's radio site when
transmitted from 90% of the area of each floor of the building,
2) a minimum signal strength of 95 dbm available in 90% of the area of each floor
of the building when transmitted from the City's radio site,
3) the frequency range that must be supported shall be 810-860 MHz, and
4) a 95% reliability factor.
b) Amplifications Systems Allowed. Buildings and structures which cannot support the
required level of radio coverage shall be equipped with either a radiating cable or an internal
2
Ordinance No. 2007-
Page 3
multiple antenna system with or without FCC type accepted bi-directional 800MHz amplifiers as
needed. If any part of the installed system or systems contains an electrically powered component,
the system shall be capable of operating on an independent battery and/or generator system for a
period of twelve (12) hours without external power input. The battery system shall automatically
recharge in the presence of external power input. If used, the bi-directional amplifiers shall include
filters to reduce adjacent frequency interference at least 3dbm below the National Public Safety
Planning Advisory Committee band.
c) Testing Procedures
1) Initial Tests. Initial test will be performed by the City's Police Department
personnel or any assigned representative qualified to conduct such testing as
authorized by the City's Police Department personnel. A temporary certificate
of occupancy will not be issued to any structure if the building fails to comply
with this section.
2) Annual Tests. Annual Tests will be conducted by the City's Police Department
or any assigned representative qualified to conduct such testing.
3) Field Testing. Police personnel, after providing adequate notice to the owner or
his representative shall have the right to enter onto the property to conduct field
testing to be certain that the required level of radio coverage is present.
d) Restriction. To the fullest extent allowed by applicable law, no existing or future
Telecommunications Facilities, Towers, Antennas, Personal Wireless Services Facilities or other
facilities or structures shall interfere with any public safety radio communications systems
including, but not limited to, the 800MHz radio system operated by the City's Police Department
which provides Essential Services and other public safety communications during emergencies
3
Ordinance No. 2007-
Page 4
and disasters. The owner or operator of the aforementioned facilities is responsible for compliance
with these performance standards. If any such facilities are found to interfere with Essential
Services or other public safety/police radio communication system, the facilities operator will, to
the extent allowed by applicable law, cease operation ofthe facility within twenty-four (24) hours
of receipt of notice from the City until the interference problem is rectified to the satisfaction of
the City. A violation of these performance standards constitutes a public nuisance and will be
treated as such.
e) Applicability. To the fullest extent allowed by applicable law, after the effective date of
this section, the owner, manager or operator of a building or structure designed or used for commercial,
multi-family dwelling, or institutional use that, as reasonably determined by the City's Police Department,
degrades, blocks or limits the penetration and or transmission of radio waves into or out of any building or
structure and fails to support adequate radio coverage for the City's Police Department radio system as
required by this section shall comply with this section within sixty (60) days of receipt of notice from the
City. However, those buildings or structures which exist prior to the effective date of this section and are
not thereafter substantially improved (as defined in Sec. 31-21 of the City Code) shall not be subject to this
section except as to activities undertaken or improvements made after the effective date of this section,
which activities or improvements consist of the initial installation (not simply the repair) of devices,
systems, metals, paints or coatings, which contravene the requirements of paragraph (a) above.
f) Waiver. In the event that compliance with paragraph (a) poses a bona fide threat to
a person's health or safety, or a person deems himself or herself otherwise aggrieved by the
implementation of the restrictions provided by paragraph (a) of this section, such person shall
submit a completed waiver application with the City's Police Department. The City's Police
Department shall determine whether such restrictions shall apply to the applicant based upon
whether or not a waiver of the provisions of paragraph (a) for a specific circumstance, subject to
4
Ordinance No. 2007-
Page 5
any necessary conditions, would be consistent with the essential purposes or intent of this section.
The City's Police Department shall create an application form that implements the waiver
application.
g) Fees. Fees for permits, applications, and inspections by the City shall be set by
Resolution.
h) Appeal of City Police Department's Decision. Any person aggrieved by a decision
of the City's Police Department concerning this section, may appeal the matter to the City
Manager. The aggrieved person shall have ten (10) days from receiving the written decision of the
City's Police Department to file a written appeal to the City Manager. The City Manager may
accept, reject, or modify the decision of the City's Police Department, based upon a review of the
information provided. Any person aggrieved by a decision of the City Manager may appeal the
matter to a court of competent jurisdiction.
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 be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. That 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 A ventura; 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.
Penalty. That any person who violates any provisions of this Ordinance
5
Ordinance No. 2007-
Page 6
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County
jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate violation. This Ordinance shall also be subject to
enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended,
and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for
declaratory, injunctive or other appropriate relief in a court of competent jurisdiction or as
authorized by Section 162.22, F.S.
Section 6. Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner Weinberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Auerbach, and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stern
Mayor Susan Gottlieb
yes
absent from the room
yes
yes
yes
yes
yes
who
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
6
Ordinance No. 2007-
Page 7
PASSED AND ADOPTED on first reading this 11 th day of September, 2007.
PASSED AND ADOPTED on second reading this 2nd day of October, 2007.
Susan Gottlieb, Mayor
roved as to Form a d Legal Sufficiency:
r
HM~
City Attorney
7
CITY OF AVENTURA
-
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, Cit
TO: City Commission
DATE: July 26, 2007
SUBJECT: Proposed Dangerous Intersection Safety Ordinance (Red Light
Camera Enforcement Program)
1st Reading September 11, 2007 City Commission Meeting Agenda Item ~
2nd Reading, October 2, 2007 City Commission Meeting Agenda Item q -t3
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance creating
Article III of the City Code entitled "Dangerous Intersection Safety",
BACKGROUND
The purpose of the Ordinance is to authorize the use of an unmanned
cameras/monitoring system to promote compliance with red light signal directives and
to adopt a civil enforcement system for red light signal violations. This program will also
supplement law enforcement personnel in the enforcement of red light signal violations
and shall not prohibit law enforcement officers from issuing a citation for a red light
signal violation in accordance with other routine statutory traffic enforcement
techniques, Notices of infractions issued pursuant to this article shall be addressed
using the City's own Special Masters pursuant to Article V of Chapter 2 of the City Code
and not through uniform traffic citations or county courts
For the first ninety (90) days of the existence of the Ordinance, unless the driver of a
vehicle received a citation from a police officer at the time of a red zone infraction in
accordance with routine traffic enforcement techniques, the vehicle owner shall receive
a warning in the form of a courtesy notice of the violation.
.,~~
The vendor awarded the contract by the City will provide the Police Department
recorded images of drivers who committed a red light infraction. The Traffic Control
Infraction Review Officer designated by the Police Chief will review all recorded images
prior to the issuance of a notice to ensure the accuracy and integrity of the recorded
images, Once the Traffic Control Infraction Review Officer has verified the accuracy of
the recorded images he or she shall complete a report, and a notice shall be sent to the
vehicle owner at the address on record with the Florida Department of Highway Safety
""'........
and Motor Vehicles or the address on record with the appropriate agency having such
information in another state, The civil penalty is $125 for the first offense, $250 for the
second offense and $500 for each additional offense
An individual who was issued a violation would have the opportunity to file an appeal
before the City's code enforcement Special Masters in accordance with the procedure
outlined in the Ordinance.
The technology on the market will allow an individual who was issued a violation to view
the recorded images and the opportunity to pay the penalty online, The Ordinance also
establishes a process to address situations when the vehicle at the time of the red zone
infraction, either: (1) in the care, custody, or control of another person without the
consent of the registered owner or (2) was subject to a short term (less than six
months) car rental agreement entered into between a car rental agency. which is
licensed as required by applicable law and is authorized to conduct business in the
State of Florida,
If you have any questions please feel free to contact me,
EMS/act
Attachment
,~
CC01587-07
j~
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 48
"VEHICLES AND USE OF THE RIGHT OF WAY", BY CREATING
ARTICLE III, " DANGEROUS INTERSECTION SAFETY", PROVIDING
FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF
RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND
PROVISIONS; AMENDING CHAPTER 2 "ADMINISTRATION",
ARTICLE V "CODE ENFORCEMENT", SECTION 2-348 "SCHEDULE
OF CIVIL PENALTIES"; TO FACILITATE USE OF CODE
ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION
SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the running of red lights causes a safety hazard affecting every citizen and
traveler in the City of A ventura; and
WHEREAS, the City wishes to reduce the running of red lights by creating an additional
enforcement mechanism.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That the recitals set forth above are hereby adopted and
confirmed.
Section 2. Dane:erous Intersection Safety. That the City Code of the City of Aventura
is hereby amended by amending Chapter 48 "Vehicles and Use ofthe Right of Way" by creating
Article III "Dangerous Intersection Safety", to read as follows:
Chapter 48 Vehicles and Use of the Rie:ht ofWav
***
Article III Dane:erous Intersection Safety
Sec. 48-25. Intent.
Ordinance No. 2007-
Page 2
The purpose of this article is to authorize the use of an unmanned cameras/monitoring system
to promote compliance with red light signal directives as proscribed by this article, and to adopt
a civil enforcement system for red light signal violations. This article will also supplement law
enforcement personnel in the enforcement of red light signal violations and shall not prohibit law
enforcement officers from issuing a citation for a red light signal violation in accordance with
other routine statutory traffic enforcement techniques.
Sec. 48-26 Use of Image Capture Technologies.
The city shall utilize image capture technologies as a supplemental means of monitoring
compliance with laws related to traffic control signals, while assisting law enforcement
personnel in the enforcement of such laws, which are designed to protect and improve public
health, safety and welfare. This section shall not supersede, infringe, curtail or impinge upon
state or county laws related to red light signal violations or conflict with such laws. Nothing
herein shall conflict with the primary jurisdiction of Miami-Dade County to install and maintain
traffic signal devices. This article shall serve to enable the City to provide enhanced enforcement
and respect for authorized traffic signal devices. The city may utilize image capture technologies
as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and
injuries associated with such violations. Notices of infractions issued pursuant to this article shall
be addressed using the city's own Special Masters pursuant to Article V of Chapter 2 of the City
Code and not through uniform traffic citations or county courts. This shall not bar the use of
uniform traffic citations and the county courts when city police personnel decide not to rely on
this article as the enforcement mechanism for a specific violation.
2
Ordinance No. 2007-
Page 3
Sec. 48-27 Definitions.
The following definitions shall apply to this article:
INTERSECTION. The area embraced within the prolongation or connection of the lateral
curb line; or, if none, then the lateral boundary lines, of the roadways of two roads which join or
intersect one another at, or approximately at, right angles; or the area within which vehicles
traveling upon different roads joining at any other angle may come in conflict.
MOTOR VEHICLE. Any self-propelled vehicle not operated upon rails or guide way, but
not including any bicycle or electric personal assisted mobility device.
OWNER/VEHICLE OWNER. The person or entity identified by the Florida Department of
Motor Vehicles, or other state vehicle registration office, as the registered owner of a vehicle.
Such term shall also mean a lessee of a motor vehicle pursuant to a lease of six months or more.
RECORDED IMAGES. Images recorded by a traffic control signal monitoring
system! device:
(1) On:
(a) Two or more photographs;
(b) Two or more electronic images;
(c) Two or more digital images;
(d) Digital or video movies; or
3
Ordinance No. 2007-
Page 4
(e) Any other medium that can display a violation; and
(2) Showing the rear of a motor vehicle and on at least one image, clearly identifying
the license plate number of the vehicle.
RED ZONE INFRACTION. A traffic offense whereby a traffic control signal monitoring
system established that a vehicle entered an intersection controlled by a duly erected traffic
control device at a time when the traffic control signal for such vehicle's direction of travel was
emitting a steady red signal.
SPECIAL MASTER. The City's Code Enforcement Special Master, as described in Chapter
2 , Article V of the City Code.
TRAFFIC CONTROL INFRACTION REVIEW OFFICER. The City police department
employee designated, pursuant to Sec. 48-31(B) herein, to review recorded images and issue red
zone infractions based upon those images.
TRAFFIC CONTROL SIGNAL. A device exhibiting different colored lights or colored
lighted arrows, successively one at a time or in combination, using only the colors green, yellow,
and red which indicate and apply to drivers of motor vehicles as provided in F.S. 9 316.075.
TRAFFIC CONTROL SIGNAL MONITORING SYSTEMIDEVICE . An electronic system
consisting of one or more vehicle sensors, working in conjunction with a traffic control signal,
still camera and video recording device, to capture and produce recorded images of motor
vehicles entering an intersection against a steady red light signal indication.
4
Ordinance No. 2007-
Page 5
Sec. 48-28. Adherence to Red Light Traffic Control Signals.
Motor vehicle traffic facing a traffic control signal's steady red light indication shall stop
before entering the crosswalk on the near side of an intersection or, if none, then before entering
the intersection and shall remain standing until a green indication is shown on the traffic control
signal; however, the driver of a vehicle which is stopped at a clearly marked stop line, but if
none, before entering the crosswalk on the near side of the intersection or, if none, then at the
point nearest the intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection in obedience of a steady red traffic control
signal, may make a right turn (unless such turn is otherwise prohibited by posted sign or other
traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as
directed by the traffic control signal at the intersection.
Sec. 48-29 Violation.
A violation of this article, known as a red zone infraction, shall occur when a motor
vehicle does not comply with the requirements of Sec. 48-28. Violations shall be enforced
pursuant to Sec. 48-31.
Sec. 48-30 Ninety Day notice; introductory period.
The Police Chief shall notify the City Manager when the red light camera system is
operating correctly at the initial location established. For the ninety days following said
notification, unless the driver of a vehicle received a citation from a police officer at the time of a
red zone infraction in accordance with routine traffic enforcement techniques, the vehicle owner
5
Ordinance No. 2007-
Page 6
shall receive a warning in the form of a courtesy notice of the violation. Commencing ninety one
days after the above referenced notification, the vehicle owner is subject to the enforcement
provisions as provided herein and no warning shall be given pursuant to this article.
Sec. 48-31 Review of Recorded Images.
(A) The owner of the vehicle which is observed by recorded images committing a red zone
infraction, shall be issued a notice of violation (hereinafter also known as a "notice"). The
recorded image shall be sufficient grounds to issue a notice.
(B) The City's Chief of Police shall designate a Traffic Control Infraction Review Officer,
who shall be a police officer of the City or who shall meet the qualifications set forth in F.S. S
316.640(5)(A), or any other relevant statute. The Traffic Control Infraction Review Officer shall
review recorded images prior to the issuance of a notice to ensure the accuracy and integrity of
the recorded images. Once the Traffic Control Infraction Review Officer has verified the
accuracy of the recorded images, he or she shall complete a report, and a notice shall be sent to
the vehicle owner at the address on record with the Florida Department of Highway Safety and
Motor Vehicles or the address on record with the appropriate agency having such information in
another state.
Sec. 48-32 Notice of Violation.
The notice shall be in the form as provided for in Sec. 2-340 of the City Code but shall also
incl ude:
6
Ordinance No. 2007-
Page 7
(A) The name and address of the vehicle owner;
(B) The license plate number and registration number of the vehicle;
(C) The make, model, and year of the vehicle;
(D) Notice that the infraction charged is pursuant to this article;
(E) The location of the intersection where the infraction occurred;
(F) Notice that there are recorded images relating to the vehicle and a statement that the
recorded images are evidence of a red zone infraction;
(G) Images depicting the infraction;
(H) A signed statement by the Traffic Control Infraction Review Officer that, based on
inspection of recorded images, the vehicle was involved in and was utilized to commit a red zone
infraction.
Sec. 48-33 Vehicle Owner Responsibilities
(A) A vehicle owner receiving a notice may:
(1) Pay the assessed civil penalty pursuant to instructions on the notice; or
(2) Appear before the Special Master to contest the notice.
(B) The failure to pay the assessed civil penalty and failure to appear before the Special
Master to contest the notice will be considered an admission of liability and in such case an order
7
Ordinance No. 2007-
Page 8
may be entered against the violator for an amount up to the maximum civil penalty, plus any
administrative costs.
Sec. 48-34 Hearing before the Special Master.
(A) The city's code enforcement Special Masters are authorized to hold hearings related
to the enforcement of this article. A hearing shall be scheduled for all notices for which the
vehicle owner timely requests an administrative hearing.
(B) Upon receipt of the named violator's timely request for an administrative hearing, the
city shall schedule a hearing before the Special Master pursuant to section 2-342 of the City
Code. Notice of hearing shall be provided to the vehicle owner pursuant to the notice provisions
contained in Article V of Chapter 2 of the City Code.
(C) The hearing shall be held pursuant to the procedures set forth in Article V of Chapter
2 of the City Code. The Traffic Control Infraction Review Officer may testify at the hearing.
The vehicle owner may present testimony and evidence.
(D) Recorded images indicating a red zone infraction, verified by the Traffic Control
Infraction Review Officer, are admissible in any proceeding before the city's Special Master to
enforce the provisions of this article, and shall constitute prima facie evidence of the violation.
8
Ordinance No. 2007-
Page 9
(E) Unless an affidavit is provided pursuant to 48-35, it is presumed that the person
registered as the vehicle owner with the Florida Department of Motor Vehicles or any other state
vehicle registration office, or an individual having the owner's consent, was operating the vehicle
at the time of a red zone infraction.
Sec. 48-35 Vehicle Owner Affidavit of Non-Responsibility.
(A) In order for the vehicle owner to establish that the motor vehicle was, at the time of the
red zone infraction, either: (1) in the care, custody, or control of another person without the
consent of the registered owner or (2) was subject to a short term (less than six months) car
rental agreement entered into between a car rental agency ,which is licensed as required by
applicable law and is authorized to conduct business in the State of Florida ,and the operator of
the vehicle , the vehicle owner is required, within 20 days from the date listed on the notice, to
furnish to the city, an affidavit setting forth the circumstances demonstrating, either: (1) that the
motor vehicle was not in the vehicle owner's care, custody, or control, and was not in the care,
custody or control of another person with the vehicle owner's consent or (2) that the motor
vehicle was subject to a short term( less than six months) rental agreement between the car
rental agency receiving the notice and the vehicle operator and provide a true and correct copy
of the short term car rental agreement, as applicable The affidavit must be executed in the
presence of a notary, and include:
9
Ordinance No. 2007-
Page 10
(1) If known to the vehicle owner, the name, address, and the driver's license number of
the person who had care, custody, or control of the motor vehicle, without the
vehicle owner's consent, at the time of the alleged red zone infraction; or
(2) The name, address and drivers license number of the person who rented the motor
vehicle from the car rental agency which has received the notice, at the time of the
alleged red zone infraction; or
(3) If the vehicle was stolen, the police report indicating the vehicle was stolen at the
time of the alleged red zone infraction; and
(4) The following language immediately above the signature line: "Under penalties of
perjury, I declare that I have read the foregoing affidavit and that the facts stated in it are true."
(B) Upon timely receipt of a sufficient affidavit pursuant to this section, any prosecution of
the notice issued to the vehicle owner shall be terminated. Proceedings may be commenced by
the City against the responsible person identified in the affidavit, and in such event, the
responsible person shall be subject to the same process and procedures which are applicable to
vehicle owners.
Sec. 48-36 Administrative Charges.
In addition to the penalty pursuant to Sec. 48-39 herein, administrative charges may be
assessed pursuant to Article V of Chapter 2 of the City Code in the event of a hearing and/or the
necessity to institute collection procedures arises.
10
Ordinance No. 2007-
Page 11
Sec. 48-37 Collection of fines.
Collection of fines shall be accomplished pursuant to Article V of Chapter 2 of the City
Code.
Sec. 48-38 Exceptions.
This article shall not apply to red zone infractions involving vehicle collisions( unless no
citation or charge is issued for a violation of a state statute related to said collision) or to any
authorized emergency vehicle responding to a bona fide emergency; nor shall a notice be issued
in any case where the operator of the vehicle was issued a citation for violating the state statute
regarding the failure to stop at a red light indication for the same event or incident.
Sec. 48-39 Penalty.
A violation of this article shall be deemed a non-criminal, non-moving violation for
which a civil penalty, as proscribed in Article V of Chapter 2 of the City Code, shall be assessed.
As the violation relates to this article and not to the Florida Statutes, no points as otherwise
provided in F.S. S 322.27, shall be recorded on the driving record of the vehicle owner or
responsible party.
Sec. 48-40 Enforcement.
This article may be enforced by any other means available to the City.
11
Ordinance No. 2007-
Page 12
Sec. 48-41 Signage.
The City shall, to the extent practicable, at the primary motor vehicle entry points to the
City, cause to be erected and maintained signs, which substantially meet the design
specifications indicated in Exhibit "A", providing notice of this article. Failure to erect, maintain
or create these signs shall not invalidate or impair any enforcement of this article.
Section 3. Schedule of violations and civil uenalties amended. That the City Code of
the City of Aventura is hereby amended by amending Chapter 2 "Administration", Article V
"Code Enforcement", Section 2-348 "Schedule of civil penalties", to read as follows: I
Sec. 2-348. Schedule of civil penalties.
TABLE INSET:
Code Sec. Description of Violation Initial Civil Penalty
*** *** ***
$125.00 first offense
48-25,et seq. Violation of the Dangerous Intersection $250.00 second offense
- Safety $500.00 each additional
offense
*** **** ***
Section 4. 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,
12
Ordinance No. 2007-
Page 13
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 5. 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 A ventura; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 6.
Effective Date.
That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Diamond, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Stem, and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Luz Urbaez Weinberg
Vice Mayor Michael Stem
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
absent
yes
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. This motion was seconded
and upon being put to a vote, the vote was as follows:
who
by Commissioner
Commissioner Zev Auerbach
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Mayor Susan Gottlieb
13
Ordinance No. 2007-
Page 14
PASSED AND ADOPTED on first reading this lIth day of September, 2007.
PASSED AND ADOPTED on second reading this 2nd day of October, 2007.
Susan Gottlieb, Mayor
Approved as to Form and Legal Sufficiency:
~ Wrt \v~
City Attorney
14
Ordinance No. 2007-
Page 15
Exhibit "A"
Signage shall use the following language written so that it may be readily observed from the
adjacent roadways:
NOTICE OF TRAFFIC MONITORING
ALL PERSONS ARE HEREBY ADVISED THAT CERTAIN INTERSECTIONS
WITHIN THE CITY ARE SUBJECT TO RED LIGHT TRAFFIC SIGNAL
ENFORCEMENT BY PHOTOGRAPHIC MEANS AND THAT NOTICES OF
VIOLATION MAY BE ISSUED TO VEHICLE OWNERS AND/OR OPERATORS FOR
THE VIOLATION OF TRAFFIC SIGNALS, PURSUANT TO THE CITY'S CODE
ENFORCEMENT SYSTEM.
A VENTURA POLICE DEPARTMENT
15
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l8A THURSDAY, SEPTEMBER 20, 2007
ENGLAND
WORLD
MiamiHerald.com I THE MIAMI HERALD
TURKEY
Giuliani stumps for expat vote
A call to lift
scarves ban
IN LONDON: Rudy Giuliani, left, greets Margaret
Thatcher. He said he had patterned himself after her.
in Knightsbridge, a ritzy He was not l'iubt1e,
shopping district of London, The entertainment ior the
with a few dozen American luncheon was billed as a con-
expatriates who paid $1,000 versatian between Giuliani
apiece to lunch with New and Celia Sandys-, Churchill's
York's former mayor. granddaughter. As chats go, it
Giuliani seemed intent on was stilted, but there was
assodating himself with two some give and take: Giuliani
of the most powerful Britons oUered voluminous praise for
ever: Winston Churchill and Churchill's resolute leader-
Margaret Thatcher. ship during World War II.
Sandys described Giuliani
as "the man America.ns call
'ChurchilJ in a baseball cap,' ..
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to-
Ii campaigning to wealthy
expatriates in London,
presidential hopeful Rudy
Giuliani strove for
comparisons with
Margaret Thatcher and
Winston Churchill.
BYUZ RUSKIN
McClat(hy N~w<;Service
LONDON - Rudy Giu-
liani, the Republican front-
runner for president, made
the rounds here Wednesday
as though he were already the
head of state.
He look meetings with
Prime Minister Gordon
Brown. former Prime Minis-
ter Tony Blair and the foreign
minister. He spoke of Ameri-
ca's special relationship with
Great Britain and advocated
expanding NATO to include
Israel and India.
But this was a campaign
swing. Giuliani had money to
raise and volers to impress.
So he spent much of his
afternoon in a hotel ballroom
loo~ng for the
CITY OF AVENTURA
NOTICE OF HEARING OF LOCAL
PLANNING AGENCY
AND NOTICE OF AMENDMENT OF
COMPREHENSIVE PLAN
Public Notice is hereb~ given that the City of Averltura Local ?lannir19
Agency will meet in a public hearing on Tuesda~. OctotJer 2,2007 at
6:00 p,m. to make a recommendation regarding the adoption of the fol-
lowing Ordinance
AN ORDINANCE OF THE CITY OF AVENTtJRA, FLORIDA,
AMENDING THE CITY Of AVENTURA COMPREHENSIVE PlAN BY
ADDING AN 'EDUCATION ElEMENT'; BY AMENDING POLICY 2A
Of OBJECTIVE 2 OF THE CAPITAL IMPROVEMENT ELEMENT TO
ADD LEVEL Of SERVICE STANDARDS FOR PUBLIC SCHOOLS
AND FOR THE CITY OF EXCElLENCE SCHOOL; BY ADDING A
NEW POUCY 4.18 OF OBJECTIVE 4 OF THE CAPITAL
IMPROVEMENT ElEMENT TO ADOPT BY REFERENCE THE
MIAMI DADE COUNTY PUBLIC SCHOOLS FACILITIES
WORICPLANi BY RENUMBERING POUCY 4.18 OF OBJECTIVE 4
OF THE CAPITAL IMPROVEMENT ELEMENT AND AMENDING
THIS POLICY TO ADOPT BY REfERENCE THE CITY OF
AVENTURA 2007108-2011112 CAPITAl. IMPROVEMENT PLANi
BY AMENDINIi AND ADDING PUBLIC SCHOOl. FACILITIES TO
THE CONCURRENCY MANAGEMENT SECTION OF THE CAPITAl.
IMPROVEMENT ElEMENTi BY ADDING A NEW POLICY 1.21 TO
OBJECTIVE 1 OF THE INTERGDVelNMENTAL COORDINATION
ElEMENT TO COORDINATE THE ESTABLISHMENT OF LEVEL OF
SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO
RENUMBER EXISTING POLICIES 1.21 THROOGH 1.24 INCLUSIVE
OF THE INTERGOVERNMENTAl COORDINATION ELEMENT TO
POliCIES 1.22 THROOGH 1.25 INCLUSIVEi PROVIDING FOR
TRANSMITTAl. 10 THE AGENCIES AS REQUIRED UNDER
CHAPTER 163, PART II, FLORIDA STATUTES; AND PROVIDING
FOR AN EFFECTIVE OATE.
Immediately following the Locai Planning Agency meeting, the City
CommiSSion of the Cily of Aventura, as the goveming body, will consider
an first reading at a public hearing the Amendment to the
ComprehenSive Plan described above.
The PubliC Hearingswill be held in the City CommisSiOn Chamber at Gity
of Aventura Government Center, 19200 West Country Club Drive,
Aventura, Florida, 33180. The proposed Ordinance may be inspected by
the public al the Officeoflhe Cily Clerk at the above address, Interested
parties may appear at lI1e Public Hearings and be heard with respect to
the proposed Ordinaoce
In accordance with the Americans with Disabilities Act of 1990, all per-
SOrlS who are disabled and wtlo need special accommodations to par-
ticipate in this proceeding because of that disability shoLJId conlact the
Office of the City Clerk, (305) 466-8901. not later than two business
days prior to such proceedings
If a persorl decicles toappeai any decision madebytheCit~Commission
will1 raspectto any matler coosidered at a meeting or hearing, that per"
san will need a record of the proceedings and, far such purpose, may
need to ensure that a verbatim record of Ihe proceedil1\lSis made, which
recordinc:ludesthelestimonyande~idenceuponwhichtheappealisto
b,""'"
Teresa M.Soroka, MMC, City Cierk
Giuliani, as expected.
spoke at length about 9111 and
his guidance of New York.
That day, he said, as he has
before, he looked to Churchill
for inspiration. He prepared
for Sept. 12, 2001, by forgoing
sleep to read Churchill's biog-
raphy. he said.
Thatcher, now a frail 81,
came dressed in a dark blue
velvet gown.
She needed help up the
stairs, and her signature hel~
met of lacquered hair
appeared to lack some o{ its
1980s swoop and loft, but she
stood and applauded,
In the speech, Giuliani
credited Thatcher, Ronald
Reagan and Pope John Paul II
with defeating communism.
He said he had tried to emu-
late Thatcher when he ran
New York, by cutting govern-
ment and reducing taxes.
RESPECT FOR THATCHER
He said beforehand that he
had embarked on the London
trip out of respect for
Thatcher. He didn't need to
bolster his international
image, he said.
"I'm probably one of the
four or five best-known
Americans in the world," he
said. He amended that to put
himself as high as No.3.
Ruskin is a McClatchy
Newspapers special corre-
spondent.
ISTANBUL, Turkey -
(AP) - Turkey's Islamic-
leaning prime minister
called Wednesday for lift-
ing a ban on women wear-
ing head scarves in univer-
sities, a shift in position that
is certain to alarm secular-
ists who fear the govern-
ment aims to foist a Muslim
agenda on the nation.
Recep Tayyip Erdogan's
statement at a news confer-
ence that he wants a consti-
tutional change to remove
the ban comes just weeks
after he scored a major
political triumph: the elec-
tion of his ally AbdullahGul
- a devout Muslim as
Turkey's president.
The opposition had
vehemently opposed Erdo-
gan's choice of Gul for the
inlluential post, saying it
would open the way {or the
government to carry out an
Islamic agenda.
Erdogan's comments
Wednesday will raise suspi-
cions he is taking the tirst
step in that direction.
SAIl6TAN/AP
WELL-HEELED CROWD
Many of the American vot-
ers in attendance, the only
people eligible to contribute
to the campaign. said they had
lived in London a decade or
more. Most looked as if they
could afford to live well in
this city, the second most
expensive in the world.
Understated, well-cut suits
were the norm, as were hand-
bags and scarves by ChaneI
and Hermes.
That evening, after grant-
ing interviews to the world
news corps, Giuliani returned
to the gilt. trimmed ballroom
to deliver a speech described
as the inaugural Margaret
Thatcher Lecture, a creation
of the policy research center
Atlantic Bridge.
alcorense u.s.a., inc
10 Year Anniversary SALE!
Spanish,,??"; 20x20 Rectified
Porcelain i'it , , ",. '; hi Porcelain
'O'Om7911 ~ 'O'Om99J
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The biggest selection
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Showroom: 3785 NW 79 Ave.
Miami FL 33166
(305) 994.7722
www.alcorense.com
~B:~ij:;s Alliance Ct$:'pa~y
(~ '-W1~,"ft' .'1our ~Ufa'ss is uurbu.;fJit5S'Vo
.' ~. .
-Immigration Services
- ~usinesS Planning &~onsu1ting
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'Acco,unting &Payroll Supp~<~;
- IRS Representatiori
: Personal & Business Taxes
When the power goes aut,
depend on GUARDIAN Home
Standby generators for
automatic back-up power 24
hours a day 11 days a week.
Ii'."
'~-*..-
;~Ift:year
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hlWl_.....IOO.OIl.iI_I_
1345 NE4th AVE.. Ft. lIYdlnlele. FL
_.AllnNlCOOLlMGANONWlMG__
954':56&:::;644
+: FREE ESTtMArei
.
..Ill
~..,J\
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami,Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O,V, FERBEYRE, who on oath says that he or 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-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PROPOSED ORDINANCE - OCTOBER 2, 2007
in the XXXX Court,
was published in said newspaper in the issues of
09/13/2007
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-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 he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of secur~:~~dvertis n r publication in the said
newspaU1
Sworn to and subscribed before me this
13 day of SEPTEMBER
,A.D, 2007
L' ~4 ;W~---
(SEAL)
O,V, FERBEYRE personally known to me
1''': ~ Cheryl H Marmer
~ ,~j My Commission 00338559
~ or"" Exptres July 18, 2006
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"'1'~"', _.,'s< -",- _','-'_<
CID.,J~V"TURA
t';.tl\cR.aC'Y!~;:i;':" ",
A'
'AlICE
NOTICE IS HEAEBYGIVSN',~onWednesday. the2ild day of
~)O"h8kl~: " i'~~~~
AVentU(8 "Go~ 'N'lestCpuntry.CIubDrive.
Aventura. Florida, ~ City ",. ','.., . .,WiIfCOnslder theadoptionOt the
fqMO~.Pf9in~(lIl.~~'.t.IIIed;
'I~'iif ...,,' ',~~NwRA.' F"'QRIDA;
.:_@.; ~31R~
DE . ,), ' ENT", XI/'DEVELC;>PMEHT
ST~,;QF"..,_ ,,'l,":Y',C:~11NG
SEC11QN 31-242RPU, ' ' '. SYSTEMPRQTEC-
TlQWJ(.; T()PR()TEQT,~~FOFt pu8UC
SAfETYtN THE CI'1Y;"PRO~FOR~I'J;Y; JIIRO\(ID-
ING FOR SEVERABIUTY;1'R.OQ)IiIG FOR '~-USIOH IN CODE;
PA~,~p,.Ijl"''''t~PROYmlNGPQRtAtf eFFEC'IJVE
DA~L f,t, ,;{ .., ""p" ;:r ~;PJ';
'i)iJ}t'li1.... ....,c',j,; ,...
AN .~.F;Qf"'_ CITY OF A\(I!N,tURA. FLORIDA;
AMe~ 'THl CI1"(;~DE BY ,~"" C~PTER 48
.VEHIOIJ5$,AM,,~~'l'tfE RIGHT OF~;.Y.qREATING
ARnCLEUI, R DANGE~.,pROVlDlNG
FOR RECORDED IMA....~;4NOeNFORCEMENT OF
ReD LMMf("~T_D ,FOR ~',PflPCEDURES
AND PftOVISIOt(S; , QHAPTER 2 RADMlNl$TRA11C)N",
~V'''~A::~~=Li
MEN'I'" ,.' ' GEROU$ WIIR$ecTIONSAFETY;
PROvdH4'I1'V;PROVl~lNCLUSION IN
THE~~~~~~l , NEFFE~~~,~:" , ,
Theproposed~~_"Officeof
the City. '( 91erkt .19?llO }'IV~J:~ountry" Cl"ub.', OrtYtt. AV8nt., "u"ra. ' Florida.
IntereSl8i:f~>M'-:>'" "the Pup!" . )~ heard with
respect to the proposed . .Arrf, '.' ,to address the
City Commission. on~)' th~.ftlbl~I-!~:maY(lol$O after the
May6r~~thepublle "':,'.,' ',', .,':',,, '
In accO~'.,tifl'~1rii'~~'With~.'ACt'of 1990. all
persons who are cIIsabktd~ who need special accommodatl,o,)s to
partiQipate 11l_~~use of that d1lN;lb11lty shlM.lld contact
the Q(fictOf.~~~1. not, later than two bu$iness
!daySpr.lorto~~J~~;
Ifapet1Qn__.,~.y decision made bVtbe CIty Commission
with ~.1Q~wL"")~idered ata meetiOg~.r hearing, that
person wUl need ai'econtQlf,_prooeedl.'n(k~~ pt,trpOS8, may
need to'...._.~...19COf'd of thep~ Is 1l'Illde. which
record lncIu<Ies the t~ _lIndevidence upon which the appeal Is to
be bas8d~' , ~;>','''iC,:-",''. ' . '. , ,
Teresa M.SOrOka. MMC City Clerk
07-4-1~1M
9/13