01-08-2008
City Commission
Susan Gottlieb, Mayor
A ':!be City of
~ventura
City Mana&er
Eric M. Soroka, ICMA-CM
Zev Auerbach
Bob Diamond!
Billy Jod
Ted Hobberg
Michad Stern
LlIlz Urbaez W dnberg
City Clerk
Teresa M. Soroka, MMC
City Attorney
Weiss Serota Hellfman
Pastoriza Cole & Boniske
AGENDA
JANUARY 8, 2008
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
Employee Service Awards
5. 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. APPROVAL OF MINUTES:
November 6, 2007 Commission Meeting
November 14,2007 Workshop Meeting
December 14, 2007 Special Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT
OF MEMBERS TO THE CITY OF A VENTURA COMMUNITY
SERVICES ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA SELECTING THE FIRM OF
AMERICAN TRAFFIC SOLUTIONS, INC. TO PROVIDE
TRAFFIC SAFETY CAMERA PROGRAM RELATIVE TO RFQ
NO. 08-11-13-2; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES;
AUTHORIZING NEGOTIATIONS WITH AN ALTERNATE
FIRM TO PERFORM THE REQUIRED SERVICES SHOULD
NEGOTIATIONS WITH SELECTED FIRM BE
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UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DEDICATING A TEN (10) FOOT
WIDE EASEMENT TO FLORIDA POWER AND LIGHT
COMPANY ON THE WATERWAYS PARK EXPANSION SITE;
PROVIDING FOR RECORDATION; AUTHORIZING THE CITY
MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE PURPOSES OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$25,000 FOR THE PURCHASE OF PERSONNEL
MANAGEMENT SOFTWARE AND TO CONTRIBUTE TO THE
NATIONAL LEO MEMORIAL MUSEUM FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
BETWEEN THE CITY OF AVENTURA AND PGAL
ARCHITECTS TO PERFORM ARCHITECTURAL AND
ENGINEERING SERVICES TO PLAN, DESIGN AND PERMIT
THE CITY'S ARTS & CUL TURAL CENTER PROJECT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT AGREEMENT BETWEEN THE CITY OF AVENTURA
AND MIAMI-DADE COUNTY FOR GOB PROJECT NUMBER 57
AVENTURA PERFORMING ARTS CENTER COMMITTING
THE CITY OF AVENTURA TO COMPLETE THE
PERFORMANCE ARTS PROJECT OUTLINED IN EXHIBIT I
OF THE AGREEMENT; AUTHORIZING THE CITY MANAGER
TO CONTRACT WITH THIRD PARTY CONTRACTORS TO
COMPLETE THE PROJECT IN ACCORDANCE WITH CITY'S
PURCHASING PROCEDURES; COMMITTING TO CITY OF
A VENTURA TO PROVIDE OPERATING, MAINTENANCE AND
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PROGRAMMING FUNDS UPON THE COMPLETION OF THE
PERFORMING ARTS CENTER DETAILED IN EXHIBIT I OF
AGREEMENT, IF APPLICABLE, TO THE EXTENT ALLOWED
BY LAW; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED CHANGE ORDER EXHIBIT I
FOR BID NO. 07-02-26-2 FOR WATERWAYS DOG PARK
CONSTRUCTION BY AND BETWEEN THE CITY AND LINK
CONSTRUCTION GROUP, INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE CITY OF HALLANDALE BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
6. 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.
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-171(a)(6) "OFF-STREET PARKING,
LOADING AND DRIVEWAY STANDARDS" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO PERMIT
MECHANICAL PARKING LIFTS TO BE COUNTED AS
REQUIRED PARKING SPACES SUBJECT TO CERTAIN
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CONDITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-144(e) "OFFICE PARK (OP)
DISTRICT" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT DISPLAY SHOWROOMS AS A
CONDITIONAL USE SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE
DATE.
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE IV
"FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORT A TION IMP ACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUT A TION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMP ACT
FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT
OF A TRANSPORTATION MITIGATION IMPACT FEE FUND;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
D. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA
APPROVING AGREEMENT BETWEEN THE CITY OF
A VENTURA AND ROY R. LUSTIG, TRUSTEE FOR
EXCHANGE OF REAL PROPERTY; PROVIDING FOR THE
SALE AND EXCHANGE OF CITY REAL PROPERTY;
PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
PROVIDING FOR AN EFFECTIVE DATE.
E. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER IN ACCORDANCE
WITH SECTION 6.02(A) OF THE CITY CHARTER;
SUBMITTING PROPOSED CHARTER AMENDMENTS
CONCERNING SECTION 2.03 "ELECTION AND TERM OF
OFFICE" AND SECTION 5.01 "ELECTIONS"; PROVIDING
FOR CHANGE OF DATE OF GENERAL CITY MAYORAL AND
COMMISSION ELECTIONS AND FOR THE RELATED
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EXTENSION OF THE TERM OF OFFICE AND THE ALLOWED
LENGTH OF SERVICE; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD ON
TUESDAY, THE 22ND DAY OF APRIL, 2008; PROVIDING
NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT
ELECTION; PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
8. ORDINANCES: SECOND READING - PUBLIC HEARING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13
WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007
FISCAL YEAR BY REVISING THE 2006/2007 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.
9. RESOLUTIONS - PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY
PLANNING IN MIAMI-DADE COUNTY BETWEEN THE CITY OF
AVENTURA, TWENTY-SIX NON EXEMPT MUNICIPALITIES,
MIAMI-DADE COUNTY AND THE SCHOOL BOARD OF MIAMI-
DADE COUNTY, FLORIDA AS REQUIRED BY FLORIDA STATUTES;
PROVIDING FOR AN AMENDMENT TO SECTION 8.4 OF THE
AMENDED AND REST A TED INTERLOCAL AGREEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
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SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP
JANUARY 17,2008
9 A.M.
COMMISSION MEETING
FEBRUARY 5, 2008
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 of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
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MINUTES
CITY COMMISSION MEETING
NOVEMBER 6, 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 at 6 p.m. Present were Commissioners Zev Auerbach, Billy Joel, Michael Stern,
Luz Urbaez Weinberg (arrived at 6:05 p.m.), Vice Mayor Bob Diamond, Mayor Gottlieb,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. Commissioner Teri Holzberg was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Arlene Diamond.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS: Ten-year Certificates of Appreciation were presented
to the following employees: Cosimo Castronovo, Kevin Childs, Terry Scott, Teresa
Williams, Anthony Mihalko and Belinda Alvarez.
5. CONSENT AGENDA: Mayor Gottlieb requested removal of item 5-E. Mr. Wolpin
read the title to item 5-1. A motion to approve the remainder of the Consent Agenda
was offered by Commissioner Joel, seconded by Commissioner Auerbach, unanimously
passed and the following action was taken:
A. The following minutes were approved:
October 2, 2007 Commission Meeting
October 18, 2007 Commission Meeting
October 18, 2007 Workshop Meeting
B. Resolution No. 2007-44 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE MAYOR TO ENDORSE
THE ATTACHED MAYORS' GREEN CITY ACTION ACCORD AS
ADOPTED BY THE BOARD OF DIRECTORS OF THE FLORIDA
LEAGUE OF CITIES, INC.; AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2007-45 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND
SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH
THE MIAMI-DADE COUNTY DEPARTMENT OF HUMAN SERVICES;
TO APPLY FOR, RECEIVE, AND EXPEND $5,853 IN FEDERAL FUNDS
FOR EXPANSION OF THE SCHOOL RESOURCE OFFICER PROJECT;
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. 2007-46 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT AGREEMENT
BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA,
OFFICE OF THE STATE ATTORNEY FOR THE ELEVENTH JUDICIAL
CIRCUIT OF FLORIDA TO REIMBURSE THE STATE FOR THE COST
OF STATE ATTORNEY PROSECUTION OF CERTAIN CRIMINAL
VIOLATIONS OF THE CITY OF AVENTURA CODE; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
F. Resolution No. 2007-48 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.
G. The following motion was approved:
MOTION AUTHORZING THE APPROPRIATION OF UP TO $24,000
FOR THE PURCHASE OF WEAPONS FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
H. Resolution No. 2007-49 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 08-10-12-2, CITY OF AVENTURA MAINTENANCE AND
REPAIR FOR CITY ROADS AND STREETS TO ROGAR
MANAGEMENT & CONSULTING OF FLORIDA, MIGUEL LOPEZ JR.,
INC., AND RIC-MAN INTERNATIONAL, AT THE INDIVIDUAL BID
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PRICES AS CONTAINED IN EXHIBIT "A" ATTACHED; AUTHORIZING
THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
I. The following ordinance was approved on first reading:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL
YEAR BY REVISING THE 2006/2007 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.
The following item was removed from the Consent Agenda and addressed
separately:
E. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THAT CERTAIN "FIRST
AMENDMENT TO AGREEMENT CONCERNING COMMERCIAL
ADVERTISING SIGN" BETWEEN THE CITY OF AVENTURA AND
CLEAR CHANNEL OUTDOOR, INC., PROVIDING AN AMENDMENT TO
CERTAIN ADVERTISING RESTRICTIONS CONCERNING BILLBOARD
BACK; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg, and
seconded by Commissioner Joel. The motion passed 5-1, with Vice
Mayor Diamond voting no and Resolution No. 2007-47 was adopted.
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 the City Clerk.
Vice Mayor Diamond left the room at this time.
A. Mr. Wolpin read the following resolution by title:
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A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SIGN VARIANCES FOR MOUNT
SINAI MEDICAL CENTER OF FLORIDA INC. TO PERMIT A SECOND
WALL SIGN ON THE SOUTH BUILDING ELEVATION, WHERE ONE
SIGN IS PERMITTED BY CODE; AND TO PERMIT A THIRD WALL
SIGN ON THE NORTH BUILDING ELEVATION WHICH SIGN FACES
AN ADJACENT RESIDENTIALLY ZONED PROPERTY LOCATED
WITHIN 300 FEET OF THE ELEVATION, WHERE ONE WALL SIGN IS
PERMITTED BY CODE AND NO WALL SIGN IS PERMITTED ON A
BUILDING ELEVATION THAT FACES AN ADJACENT
RESIDENTIALLY ZONED PROPERTY LOCATED WITHIN 300 FEET;
ALL FOR PROPERTY LOCATED AT 2845 A VENTURA BOULEVARD,
CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Stern and seconded
by Commissioner Joel. Planning Director Joanne Carr addressed the
Commission and entered the staff report into the record. Mayor Gottlieb
opened the public hearing. The following individual addressed the
Commission: Cliff Schulman, Esq., 1221 Brickell Avenue, representing
the applicant. There being no further speakers, the public hearing was
closed. The motion for approval passed 5-0 (Vice Mayor Diamond was
absent from the room) and Resolution No. 2007-50 was adopted.
Vice Mayor Diamond returned to the room at this time.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SIGN VARIANCES FOR
TURNBERRY ASSOCIATES AND AVENTURA MALL VENTURE TO
PERMIT SIX DIRECTIONAL SIGNS CONTAINING NAMES OF TWO
TENANTS OCCUPYING LESS THAN 100,000 SQUARE FEET OF
TENANT SPACE WHERE THE CODE PERMITS DIRECTIONAL SIGNS
LISTING THE NAMES OF TENANTS OCCUPYING 100,000 SQUARE
FEET OR MORE; AND TO PERMIT A 75 SQUARE FOOT EXTERIOR
WALL SIGN FOR AN INTERIOR MALL TENANT OCCUPYING LESS
THAN 100,000 SQUARE FEET OF TENANT SPACE WITHOUT
EXTERIOR ACCESS, WHERE THE CODE PERMITS A 500 SQUARE
FOOT WALL SIGN FOR 100,000 SQUARE FOOT OR MORE TENANTS
AND A 75 SQUARE FOOT WALL SIGN FOR TENANTS WITH
EXTERIOR ACCESS; PROVIDING AN EFFECTIVE DATE.
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A motion for approval was offered by Vice Mayor Diamond, and seconded
by Commissioner Weinberg. Ms. Carr addressed the Commission and
entered the staff report into the record. Mayor Gottlieb opened the public
hearing. The following individuals addressed the Commission: Michael
Marrero, Esq., representing the applicant. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 2007-51 was adopted.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. ORDINANCES: SECOND READING: PUBLIC HEARING: None.
9. RESOLUTIONS - PUBLIC HEARING: None.
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 6:36 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
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MINUTES
CITY COMMISSION WORKSHOP
MEETING
NOVEMBER 14, 2007 - 2 P.M.
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 2 p.m. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, 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. Items
discussed in the order as follows:
1. LIBRARY PROJECT UPDATE: (City Manager) Mr. Soroka introduced Suzette
Alvarez and Julio Castro, Miami-Dade County Library Services, who provided an
update on the status of the proposed project. Ms. Alvarez advised that demolition
should begin within 3 months. No commitments could be given from the County,
however, as to the finalization of the Agreement.
CITY MANAGER SUMMARY: No action necessary at this time.
The following item was taken out of order:
4. CITY SPONSORHIP FOR FEDERAL GRANT TO ASSIST POINT EAST
CONDOMINIUM ASSOCIATION WITH SEAWALL RESTORATION: (City Attorney)
Mr. Wolpin explained the request by Point East for assistance by the City in
acquiring federal funds for seawall restoration. He noted that should it be the
consensus of the Commission to proceed with such a letter of sponsorship, it would
be legally appropriate and not detrimental to the City. Michael Rodriguez, Esq.,
representing Point East Three and Point East Four Condominiums, addressed the
Commission.
CITY MANAGER SUMMARY: Consensus to proceed as requested.
2. PROPERTY TAX REFORM UPDATE: (City Manager) Mr. Soroka discussed a
summary of the legislation recently enacted.
CITY MANAGER SUMMARY: Consensus to provide the City Manager's summary
to the public via the website/newsletter.
3. COMMUNITY SERVICES ADVISORY BOARD: (City Manager): Mr. Soroka noted
that the terms of the Board members have expired and requested the Commission's
input as to the appointment/reappointment of members. Commissioner Weinberg
advised that Ms. Hernandez is not seeking reappointment.
CITY MANAGER SUMMARY: Consensus to reappointment all members except
Evie Hernandez and in her place appoint Michael Yavner.
5. IRAN DIVESTMENT ADVOCACY: (Commissioner Auerbach) Commissioner
Auerbach discussed this matter and noted that the City participates in the State Pool
that provides automatic participation in the program prohibiting such investments.
However, he suggested the City adopt a resolution for further strengthening of
support of this ban on investments.
CITY MANAGER SUMMARY: Consensus not to proceed.
6. DISCUSSION ON ELECTION DATE: (City Manager) The City Manager noted that
in an effort to conserve funds, the City Clerk contacted the County Elections
Department as to the cost savings of moving city elections to the County's cycle.
Mrs. Soroka noted that it would be a significant savings to hold City elections on the
first Tuesday of November in even years which coincides with the County's cycle.
CITY MANAGER SUMMARY: Consensus to proceed with legislation setting forth a
referendum to change the date of the election to the first Tuesday in November of
even numbered years.
7. 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 3:10 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.
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MINUTES
CITY COMMISSION MEETING
DECEMBER 14, 2007 - 9 A.M.
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 at 9 a.m. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, 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. Items
discussed in the order as follows:
2. DISCUSSION AND POSSIBLE ACTION: (Taken out of order)
B. CITY SPONSORSHIP FOR FEDERAL GRANT TO ASSIST POINT EAST
CONDOMINIUM ASSOCIATION WITH SEAWALL RESTORATION: Mr. Soroka
and Mr. Wolpin advised the Commission that the federal government was
unwilling to accept the terms of the City's participation, as agreed to previously
by the City Commission and Mr. Wolpin could not advise the City to proceed in
accordance with the federal government's requirements. Michael Rodriguez,
Esq., Greenspoon Marder, representing Point East III and IV Condominium
Associations, addressed the Commission and reiterated the difficulties the
Associations have faced attempting to comply with the federal government's
regulations. After much discussion, it was the consensus of the Commission that
an additional extension be requested from the federal government to allow both
counsels time to further discuss a possible resolution satisfactory to all parties.
A. RECOMMENDATION TO RELOCATE ARTS & CULTURAL CENTER:
Mr. Soroka presented a powerpoint presentation outlining the timeline of events
to date relative to the project and recommended that the City Commission take
action to relocate this project to land adjacent to the Community Recreation
Center. Conrad Kwo, PGAL Architects, the city's consultant, addressed the
Commission and made further presentation regarding relocation of this project.
A motion was offered by Commissioner Joel, seconded by Commissioner
Holzberg and unanimously passed to accept recommendation to relocate the
Arts and Cultural Center project adjacent to the Community Recreation Center.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO REQUEST THE MIAMI-
DADE COUNTY COMMISSION TO AMEND THE SCOPE FOR THE GOB
PROJECT NO. 57 AVENTURA PERFORMING ARTS CENTER TO DELETE
REFERENCE TO THE LOCATION OF THE FACILITY; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSASRY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg, seconded by
Commissioner Joel, unanimously passed and Resolution No. 2007-52 was
adopted.
3. 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 10:45 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
AGENDA ITEM 5-B
RESOLUTION NO. 2008-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA COMMUNITY SERVICES ADVISORY BOARD;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of
the Community Services Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura
City Charter, the City Commission wishes to provide for approval of the Mayor's
appointment of members to the Community Services Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission hereby approves the appointment by the
Mayor of the following individuals to serve as members of the Community Services
Advisory Board for a term of one year:
Amit Bloom
Ruthe Cohen
Jonathan P. Evans
Julie R. Israel
Gary Pyott
Melvin I. Taks
Michael Yavner
Section 2. 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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 8th day of January, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Hhrt ~
CITY ATTORNEY
/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Ci
DATE: December 4, 2007
SUBJECT: Recommendation to Award Firm to Provide Traffic Safety Camera
Program RFQ #08-11-13-2
January 8, 2008 City Commission Meeting Agenda Item Sc.
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution that selects
the firm to provide the Traffic Safety Camera Program in accordance with RFQ #08-11-
13-2. The Resolution selects the firm American Traffic Solutions (A TS) as the
recommended firm and authorizes the City Manager to negotiate a contract for
services.
BACKGROUND
In accordance with the Dangerous Intersection Safety Ordinance (Red Light Camera
Enforcement Program) adopted previously by the City Commission, the City issued a
Request for Qualifications (RFQ) to obtain a firm to provide a turn key system traffic
safety camera program. A Review Team consisting of Police Chief, Information
Technology Director, Planning Director, Traffic Division Supervisor, Finance Support
Services Director and the City Manager was formed to evaluate the proposals and
interview firms to prepare a recommendation to the City Commission.
The following is a brief summary of the action taken by the Team to arrive at our final
recommendations:
1. An RFQ advertisement was placed in the newspaper, on the internet and
distributed to the vendor list.
Memo to City Commission
Page 2
2. On November 13, 2007, proposals were publicly opened from the following
firms:
Traffipax, Inc.
American Traffic Solutions, Inc.
Nestor Traffic Systems, Inc.
3. The firms were interviewed by the Review Team on December 4,2007.
4. Based on the extensive RFQ submission requirements and interviews, the
Team reached a consensus to recommend one firm to the City Commission,
with one alternate that would be called upon should we fail to reach favorable
terms with the top ranked firm. A contract to establish the scope of work and
fees will be negotiated with the recommended firm.
Although all firms were well qualified, the Review Team selected the firm of ATS as the
recommended firm. The selection was based on a proven red light camera system that
included options that other firms did not offer as well as the ease of operation of the
violation review process and experience in installing the cameras on State roads.
Now that the Review Team has completed its work, the following actions are necessary
to complete the process.
1. Adopt the attached Resolution, which serves three (3) specific purposes.
First, it ranks the firms. Second, it authorizes the City Manager to negotiate
the contract for services. Third, it establishes another firm as an alternate,
should we be unable to reach favorable terms with the selected firm.
2. After the contract is negotiated, it will be presented to the City Commission at
a future meeting.
Copies of all proposals are available for your inspection in the City Manager's Office.
Should you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01603-07
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA SELECTING THE FIRM
OF AMERICAN TRAFFIC SOLUTIONS, INC. TO PROVIDE
TRAFFIC SAFETY CAMERA PROGRAM RELATIVE TO
RFQ NO. 08-11-13-2; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE THE TERMS AND FEES FOR
SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH
AN ALTERNATE FIRM TO PERFORM THE REQUIRED
SERVICES SHOULD NEGOTIATIONS WITH SELECTED
FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with applicable state law, has
requested proposals from firms to provide a traffic safety camera program; and
WHEREAS, said proposals were evaluated by a Review Committee consisting
of the City Manager, Police Chief, Planning Director, Finance Support Services
Director, Information Technology Director and Traffic Division Supervisor; and
WHEREAS, said Review Committee recommends the firm of American Traffic
Solutions, Inc., based on said firm's experience and qualifications; and
WHEREAS, said Selection Committee recommends the selection of the firm of
Traffipax, Inc. should the City be unable to reach favorable terms with the firm of
American Traffic Solutions, Inc.; and
WHEREAS, the City Commission desires to authorize the City Manager to
negotiate a scope of services and fees with the recommended firm and with the
alternate firm, should negotiations with the recommended firm be unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Resolution No. 2008-
Page 2
Section 1. The firm of American Traffic Solutions, Inc. is hereby selected to
provide Traffic Safety Camera Program relative to RFQ No. 08-11-13-2.
Section 2. The firm has been selected on the basis of its experience and
qualifications and has not finalized a fee structure with the City. Therefore the City
Manager shall immediately negotiate the scope of services and basis of fees with said
firm.
Section 3. The basis of fees above described shall be negotiated by the City
Manager and approved by the City Commission prior to said firm beginning any labor or
work for which the City may later be billed.
Section 4. In the event the City is unable to come to favorable terms and fees
with the firm of American Traffic Solutions, Inc., the City Manager is hereby authorized
to negotiate scope of services and fees with the alternate firm of Traffipax, Inc.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Commissioner _, who moved its
adoption. The motion was seconded by Commissioner , and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 3
PASSED AND ADOPTED this 8th day of January, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
~~~~
CITY ATTORNEY ~
.a-IS American Traffic Solutions
----.----------------------------------------
,,-...
480.368.0900. Fax: 480.607.0901 . www.atsol.com. 14861 North Scottsdale Road. Suite 109. Scottsdale,AZ 85254
November 13, 2007
Office of the City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Re: Request for Proposal for Traffic Safety Camera Program - RFP # 08-11-13-2
Dear Members of the Selection Committee:
,,-...
American Traffic Solutions, Inc. (ATS) is pleased to present our response to the City of
Aventura's Request for Proposals for the Traffic Safety Camera Program. We are excited about
the opportunity to present our proposal, which includes an unmatched end-to-end solution,
leveraging a combination of experienced people, cutting edge technology and proven skills
required to exceed your requirements for a successful program in Aventura. Our proposal is
fully compliant with the City's specifications.
We fully understand your requirements and your vision and share the mutual goal to reduce
traffic collisions and improve public safety for your residents, commuters and visitors through
the successful implementation of public awareness and advanced photo-traffic enforcement
technology. We offer a strong team, leading edge technology and a track record of success.
Since introducing our next-generation red light and speed camera solution in 2004, we have
been selected by over 65% of cities that have issued competitive procurements and have
compared our technology to earlier designs offered by other companies. These wins include
the majority of the U.S. and Canadian major cities, including: New York City; S1. Louis;
Philadelphia; Washington, D.C.; Houston; Mesa, AZ.; Seattle; Calgary; San Diego; Tucson, AZ.;
New Orleans; Baton Rouge and Phoenix.
Below is a summary of the key aspects of our proposed solution and quality services:
Experience, Proven Delivery Capability and Current References
,,-...
. Orange County, Miami Gardens, Pembroke Pines, Palm Coast and Apopka, FL
selected A TS to provide violation detection technology and red light camera services
after comprehensive vendor selection and red light camera technology assessment
processes.
. A TS has extensive experience delivering and operating large and complex speed and
red light camera programs including Phoenix, AZ.; Tucson, AZ.; San Diego, CA; New
York City, NY (all five boroughs); Philadelphia, PA; Houston, TX; Seattle, WA; St. Louis,
MO; Scottsdale, AZ. and Calgary, AS.
. We have the track record as well as the financial and technical resources immediately
available to successfully deploy the proposed Traffic Safety Camera Program.
. ~. ...... ..... ........ Letter to City of Aventura
.~... November 13,2007
..........--.................... Page 2
,.-...
. ATS is confident that our current references will give the City of Aventura positive
responses regarding our services and red light camera system.
Service, Support and Training
. The City will have our full system support for the red light camera system.
. A TS will provide training to City personnel. Our courses include camera technology,
violation processing and training for court staff.
CosWalue of Offer
. ATS offers a competitive, high-value pricing package.
Financial Strength
. A TS' financial experience includes a consistent trend of positive and increasing
revenues and profitability.
System Features
. The industry's highest resolution digital camera imager at 12.4 megapixels per camera.
The super-high resolution cameras capture crystal clear, crisp images even during
periods of inclement weather. The cameras are mounted in a single enclosure and on a
single pole.
. ATS' ultra-high resolution cameras eliminate the need for additional, separate "lane"
,,-. cameras or "multi-camera" configurations that are otherwise required to capture and
resolve close-up license plate images.
. The A TS RLC-300 is the smallest, most unobtrusive red light camera system in the
industry. The entire system can fit into a single small enclosure 20" wide x 18" deep and
20" high.
. Optimal performance in all weather conditions.
. ATS was the first photo enforcement solution provider in the country to be approved by
National Law Enforcement Telecommunication System (NLETS) as a recognized
"Strategic Partner." We have developed an automated, online and real-time interface
with NLETS for registered owner and vehicle information for all 50 states and Canadian
Provinces.
. Robust and totally secure back-office application designed with the highest levels of
system security to distribute workflow to your entire processing organization efficiently
without compromising data integrity.
. A TS offers a modern, full-featured violation processing system which manages all
associated processes including citation mailing, collections and accounting process.
. The A TS system enables police personnel to efficiently review violation images to
approve citations and Notices of Violation in less than 30 seconds for each set of
images, through a secure Internet application.
. ATS is the only provider able to offer the integrated Two-Factor SecurlD@Authentication
System for ultra secure access, which is the "gold" standard used by over 15 million
people at 18,000 of the largest companies and banks worldwide.
,,-...
.. ~..... '.... "......... ....... Letter to City of Aventura
~.... November 13,2007
............--,"'7-......- Page 3
",-...
. A TS is a 100% American-owned company and offers American-made and American-
supported systems.
. The ATS system includes Axsis™ LIVE, a 24/7/365 live, online color digital (30 FPS)
video surveillance and recording system with online accessibility for real-time traffic
surveillance, "instant recall" and full data retrieval of recorded video for up to two
months.
Receipt of Addenda
There have been no addenda issued.
Contact Person during Proposal Evaluation
The authorized representative for this project is Mr. Greg Parks, Senior Business Development
Manager. He can be reached at:
Address: 14861 N. Scottsdale Road, Suite 109, Scottsdale AZ 85254
Email: qreq.parks@atsol.com
Phone: (913) 575-2912 Fax: (480) 607-0901
Proposal Effective Period
This proposal shall remain in valid for a period of not less than 120 days from the due date of
proposals, which is November 13,2007.
,.- Certification
A TS certifies that it has reviewed and is familiar with the applicable law on red light camera
enforcement, including without limitation, Florida Statutes, Florida Attorney General Opinion 05-
41 and City Ordinance 2007-15 ("Aventura Dangerous Intersection Safety Act"), and ATS
believes that our system complies with these provisions of law.
We thank you for the opportunity to submit this proposal. We are confident in our business, our
people, our technology and our proven program management disciplines. We offer an
impressive, best-of-breed professional team who brings relevant and fresh ideas and proven
solutions based on successfully serving clients throughout the United States and the World.
We are enthusiastic about the opportunity to deliver a solution that will Focus on Safety in the
City of A ventura!
Sincerely,
American Traffic Solutions, Inc.
~
Adam E. Tuton
Executive Vice President/COO
.-
~
Traffic Safety Camera Program
Response to:
RFP # 08-11-13-2
.~
November 13, 2007
~ American
.........,.. Traffic Solutions
.......-'-'"'--......,......:-.......-----------
~ American Traffic Solutions
14861 N. Scottsdale Road
Suite 109
Scottsdale, Arizona 85254
tr 480.443.7000
~ 480.607.0901
~ www.atsol.com
~ www.redliahtcamera.com
Proprietary and Confidential Information
~
The information contained in this document is Confidential Information of American Traffic Solutions, Inc., and is disclosed in
response to the City's Request for Proposal for Traffic Safety Camera Program.
it Traffic Safety Camera Program
",-.. 1. Vendor Qualifications and Experience
1.1 Experience Performing Similar Work
For the past 15 years, the founders of American Traffic Solutions have focused on photo traffic
enforcement and infraction processing as its core business. Our extensive development, delivery and
operational experience include many of the largest and most complex automated traffic enforcement and
infraction processing systems in the United States.
ATS has been a pioneer in the development of advanced traffic camera and infraction processing
technology and the delivery and operation of turnkey automated digital traffic camera enforcement
programs. Our track record includes the implementation and operation of successful red light camera
programs for the nation's largest cities, including the City of Philadelphia and the New York City Red Light
Camera Programs. We offer dozens of resources with more than a decade of relevant experience with
photo traffic enforcement in addition to hundreds of dedicated staff. We invest heavily in research and
development of leading-edge vehicle detection, photo electronic imaging and information technologies.
1.2 Client List
The following page contains a list of the programs that ATS has been contracted as well as selected to
provide services.
",-..
",-..
1Ia"~. @2007 American Traffic Solutions, Inc.
-...-_..._-- Proprietary and Confidential
Page 5
November 13, 2007
. Traffic Safety Camera Program
.-... traffic enforcement and infraction processing as its core business. Our extensive development, delivery
and operational experience include many of the largest and most complex automated traffic enforcement
and infraction processing systems in the United States.
The key ATS principals pioneered the photo enforcement industry in the U.S. and have been providing
these solutions to governments longer than other vendors like Redflex, ACS, Nestor or Traffipax. ATS'
key principals have the industry's longest and most extensive U.S. and worldwide experience with
implementation and operation of photo enforcement programs.
American Traffic Solutions' sole professional focus is the provision of automated vehicle detection,
imaging and photo traffic enforcement management, revenue collection systems and operational
services. As such, the solution requested by the City precisely matches our customized offering.
,.-...
A TS' products and offerings focus on electronic toll and traffic management technology and services.
During the past 18 months, ATS products and services have been selected by more U.S. cities that
competitively bid their procurements than all of its competitors combined, including Apopka, Orange
County, Miami Gardens, Palm Coast and Pembroke Pines, Florida.
ATS also provides an image-based, electronic toll collection service called PlatePass@ Toll Payment
Services. PlatePass@ is a national interoperable network that makes the convenience of electronic toll
collection available to vehicle fleet owners and rental car customers without additional electronics in the
vehicle. PlatePass@ is currently available in Orlando and on all Florida toll roads. PlatePass@ is
exclusively offered by Avis, Budget and Hertz, three of the nation's largest rental car companies.
1.5 Workload and Staffing Capability
ATS is headquartered in Scottsdale, Arizona, with regional facilities in New York City, NY; Philadelphia,
PA; Mesa, AZ.; St. Louis, MO; Dallas, TX and Washington, D.C. ATS maintains a state-of-the-art
Software Development Center in Scottsdale, Arizona, as well as high-tech research and development
facilities for development and manufacturing. The Scottsdale facility also serves as the company's Global
Network Operations Center which is linked to all active cameras and data collection devices worldwide.
Our technical and operational staff is able to effectively and efficiently manage the workload that will be a
result of your City's red light camera deployment. ATS has the staff, the capacity and the ability to
implement and deploy Aventura's traffic safety camera program.
1.6 Ability to Meet Schedules on Similar Projects
ATS has a proven track record of meeting or exceeding contracted schedules with our clients. The
following is a summary of other programs schedules and our ability to meet them.
",-", .
..$ @2007 American Traffic Solutions, Inc.
---.,.-.,.-- Proprietary and Confidential
Page 7
November 13, 2007
. Traffic Safety Camera Program
,,-...
City Number of Contracted Installation Period
Camerasl
Approaches
Mesa, AZ 34 First 18 approaches com pleted 120 days ahead of
schedule. All approaches installed within 180
days from Notice to Proceed.
Scottsdale, AZ 24 60 days
Philadelphia, PA 16 16 in 60 days - all operational
Houston, TX 72 First 10 approaches live within 45 days from
Notice to Proceed. 10 approaches installed every
45 days. Last 20 approaches were installed in 45
days.
Arnold, MO 11 90 days, First system operational 60 days ahead
of schedule.
,,-...
,'-'"
..s' @2007 American Traffic Solutions, Inc.
-~~....---- Proprietary and Confidential
Page 8
November 13, 2007
fA) Traffic Safety Camera Program
,-...
2.
References
2.1 References with Three-Year History
.'-'
New York City Red Liaht Camera Proaram Philadelphia Red Liaht Camera Proaram
Steven Galgano Sergeant Chris Bee
Executive Director - Engineering Special Operations Bureau Philadelphia Police
City of New York Department of Dept.
Transportation 4000 N. American Street
34-02 Queens Philadelphia, Pennsylvania 19140
Long Island City, New York 11101 Phone: (215) 686-3320
Phone: (718) 786-3550 Mobile: (215) 651-8904
Email: sgalgano@dot.nyc.gov Email: cmb128@cavtel.net
Calaarv Red Liaht Camera Proaram
Sgt. Clive Marsh
Specialized Traffic Enforcement Unit
Calgary Police Service
316 ih Ave. S.E.
Calgary Alberta Canada T2P 4N6
Phone: (403) 295-7903
Email: cmarsh@calgarypolice.ca
2.2 Florida Clients
ATS currently has agreements with the City of Apopka and Orange County, Florida. Below is the contact
information for Apopka and Orange County. We are currently in contract negotiations with Miami
Gardens, Palm Coast and Pembroke Pines.
City of Apopka. Florida
Sgt. Stephan Brick
Apopka Police Department
112 East Sixth Street
Apopka, FL 32703
Phone: (407) 782-5632
Email: SWBrick@Apopka.net
Oranae County. Florida
Hazem EI-Assar, PE
Chief Engineer
Traffic Engineering Department
4200 S. John Young Parkway Bldg, 2
Orlando, Florida 32839
Phone: (407) 836-7890
,-...
...... @2007 American Traffic Solutions, Inc.
.,..,.--.,..........,. Proprietary and Confidential
Page 9
November 13. 2007
,,-....
.
.
.
.
.
.
.
,,-....
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,,-....
I) Traffic Safety Camera Program
3.
Financial Statement
3.1 Financial Condition
ATS has been profitable since inception. Our financial experience includes a consistent trend of
increasing revenue and profitability. In particular to the RFP requirements, we have had over 12
consecutive quarters of demonstrated profitability. The attached audited financial statement shows
strong profitability for the year 2006, which incorporates profitability in all quarters. Our audit is performed
on an annual basis; however, our auditors can verbally confirm profitable quarterly performance if
needed.
Highlights include:
Consistent, increasing profitability over the history of the company
Strong gross and net profit margins
High return on sales, assets and equity
No material legal proceedings against the company
Unencumbered intellectual property that is wholly controlled by ATS
Long-term, profitable contracts supporting ATS' revenue base
Large lines of credit with major financial institution for funding long-term capital programs like the
City of Aventura's
Multiple photo enforcement and revenue collection-based lines of business (safety and toll) provide
diversity in mix of revenues earned by ATS to further bolster financial stability.
If the City has any questions regarding the financial statement, please contact Adam Draizin, Chief
Financial Officer, at (480) 443-7003.
American Traffic Solutions, Inc. is a private company, and does not publish its Confidential Financial
Information. Nevertheless, we are willing to disclose our financial statements to the City of Aventura as
requested by the RFP. The financial data is exempt from Florida Sunshine laws and must not be
released without ATS' written consent. As a measure to ensure strict confidentiality, we have enclosed
the requested Financial Statements in a separate envelope attached hereto, entitled:
American Traffic Solutions Financial Statements - Confidential Information
.. .C @2007 American Traffic Solutions, Inc.
----___- Proprietary and Confidential
Page 10
November 13. 2007
. Traffic Safety Camera Program
,,-..
4.
Technical Specifications Responses
4.1 Red Light Camera System
4.1.1 Best Solution for the City
The Axsis ™ RLC-300 is the most advanced camera system on
AxsIS RlC-300'" the market today and has been selected as the preferred system
---------------
REO lIGHT CAMERA SYSTEM
over other red light camera vendors in recent competitive RFPs.
Over 850 of these systems are being installed currently from Maryland to California. Our systems
deliver the highest yield in the industry and result in a more equal application of the law, improved
safety results and stronger program revenues to offset the cost of the program.
Our detection and imaging technology provides the best possible prima facie evidence because
the system has been designed to use only one high resolution camera to capture a single set of high
resolution digital infraction images captured from the rear of the red light running vehicle.
Our unique single camera
architecture is a significant
differentiator and is not
offered by any other
system.
The single camera technology is able to capture multiple lanes of
traffic, including a combination of left-turn, straight through and left-
hand motions without image degradation. This technology is
successfully deployed in major U.S. and Canadian cities including
Seattle, New York, Houston, Calgary, St. Louis, Mesa and Phoenix.
-
Strona Leaal Foundation
Hiah CaDture Rates
Hiah Efficiencv
. Prima facie evidence
. Simultaneous infractions
. Smallest footprint
. Fewer court challenges
. Greater visual coverage
. Fast Police
approval times
. Correct plate
identification
. Clearest images
. Lowest down time
The single camera format was the standard in the industry for decades before the advent of digital
cameras when "wet film" cameras were predominant. Properly exposed film negatives provided sufficient
resolution to capture an "A" image and a "B" image from a single 35mm camera. License plate
information and infraction event details were extracted from the one image set, without the use of a
secondary camera to capture the license plate image.
Early digital cameras did not offer equivalent resolution to traditional film cameras at the time, so the
solution was to bundle a low resolution digital "scene" camera with secondary "lane" camera[s] focused
on the license plate area to produce a second, higher resolution image of the license plate.
"..."".~
The Axsis ™ RLC-300 uses an ultra-high resolution, industrial-grade Nikon digital camera as the imaging
solution. ATS has worked closely with Nikon to develop proprietary technology that enables our systems
to operate core camera functions specific to the red light and speed camera requirements. In addition to
,~ @2007 American Traffic Solutions, Inc.
_...-~-_-~ Proprietary and Confidential
Page 12
November 13, 2007
. Traffic Safety Camera Program
.'-'" receive images and video. If connectivity is dropped, an alert is made, and we start the process of
remote diagnosis, and if possible, remote repair. We also have our customer service and operations
team review the data from each site and identify if we have problems with the images and/or video (Le.
dark image, license unreadable). Once a problem is detected, a trouble ticket is logged and submitted to
our dispatch system for scheduling. Each dispatch event is assigned a priority, problem 10, and
recommended remedy. We then assign a technician and schedule a repair call.
Each of the above categories also has specific escalation "triggers," examples include: specific response
times, schedule conflicts with resource requirements (Le. equipment and labor), and remedy issues. In
any of these situations, the dispatch team and appropriate management levels are notified, and corrective
action is taken to successfully complete and close the ticket in a timely and responsive manner.
Throughout the entire process, updates are made to the ticket logs, to be able to view the current status
of any event in the process.
4.1.26 Installation and Construction Time Frame and Power to
Equipment
After receipt of a permit, construction and installation of each system can be completed in 5 to 10 days of
elapsed time.
Section 4.6.3 of this proposal provides an installation schedule and an explanation of how power will be
,.--. provided to the equipment.
4.1.27 Monitor Multiple Lanes
The standard Axsis ™ RLC-300 control unit can independently monitor up to four moving lanes and two
different signal phases, simultaneously with a single camera. Another four moving lanes can be
monitored by mounting another camera control unit in the cabinet on the same camera pole to monitor a
five-lane approach. The independent lane control logic enables precise detection and enforcement of
different signal phases from a single camera. For example, the Axsis™ RLC-300 enables a single or dual
left turn controlled by a left turn arrow and straight through/right turn lanes on a solid green signal ball
enforced at the same time with a single system. The camera can capture up to five images per second,
which means that the system is rated to capture multiple infractions per second.
The majority of red light infractions occur within the first second of the red phase. As a result, red light
runners often "platoon," or run the light side-by-side (see the New York City image set on page 15). The
ATS camera and detection technology has been designed to detect and image all vehicles, even those
traveling side-by-side. No other system offered is capable of this level of performance. In fact, all other
systems must complete the sequence ("A" shot and "8" shot) of the first detected infraction before
resetting to capture another infraction. In this case, only the first detected vehicle in a platoon would be
captured. This leads to hundreds of missed infractions per camera per month.
.-...
..... @2007 American Traffic Solutions, Inc.
-----...-... Proprietary and Confidential
Page 23
November 13, 2007
it Traffic Safety Camera Program
_ 4.1.28 Left and Right-Turn Enforcement
The detectors are configured on a lane-by-Iane basis to be sensitive to any number of events, including
illegal right turns on red. The camera captures two images of the event, just like other infractions. The
downloaded video clip is used to confirm that the vehicle did not stop during the infraction event captured
by the camera. Our red light camera systems in Apopka detect and record left and right-turn infractions.
Sample left and right-turn infraction images can be found in Appendix B.
4.1.29 Disaster Recovery Plan
American Traffic Solutions has developed a robust system, which is operated and managed at the
Scottsdale Data Center. ATS fully understands the necessity to perform backup operations, provide
disaster recovery services and ensure systems and data availability 24 hours a day, 7 days a week, and
365 days a year. Upon request by the City, ATS will provide proof and results of the below tests.
We are prepared and protected and continually test for the following:
. Hardware failure
. Power disruption
. Outside attacks
. Natural disasters
. Human failures
. Physical security
-
'^
. Internal attacks
The following describes ATS incident response plan in the event of a security breach.
a. Take necessary steps to contain and control the systems affected by the breach and conduct a
preliminary internal assessment of the scope of the breach. Preserve all logs, make backup copies
of damaged or altered files, identify network location of affected system or systems, and identify all
systems and agencies that connect to the affected system.
b. All known or suspected vulnerabilities must be communicated in an expeditious and confidential
manner to the Information Security Manager by physical meeting or telephone only. Information
Security Manager will contact other members of the security enforcement team. Unauthorized
disclosures of ATS or client information must additionally be reported to the involved information
owners. Reporting security infractions, problems, or vulnerabilities to any party outside ATS
(except external auditors) without the prior written approval of the ATS Legal Department is strictly
prohibited.
c. Contacting Law Enforcement: If it is believed that the incident may involve illegal activities, A TS
reports it to appropriate law enforcement agencies.
~-
4.2 Infraction Processing
4.2.1 Best Infraction Processing System
The Axsis™ VPS (Violation Processing System) is a full-featured and web-
AxsIS VPS'.
_____________ enabled infraction processing solution, managed and maintained at our
VIOLATION PROCESSING SYSTEM
.... @2007 American Traffic Solutions, inc.
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November 13, 2007
. Traffic Safety Camera Program
~ Scottsdale Data Center. The system has been designed to enable image review and full processing of
traffic infractions for enforcement programs worldwide. This application will enable authorized Aventura
and police personnel to perform the processing functions from any location with Internet access.
Additionally, our Police Review function requires less than 30 seconds to process each infraction.
4.2.2 Vendor Processing Software
ATS' infraction processing system is web-enabled and only requires an Internet connection to access.
No software install is required.
4.2.3 Detailed View of Information
All transactions in our Axsis ™ system are recorded by user and date. A complete audit trail of unusable
images and reasons is maintained and available to the City. Unlike most other systems, all ATS reports
are accessible to the City.
4.2.4 Internet-Enabled System
Our Axsis™ VPS system is fully web-enabled. Authorized users will have access at all times to the
system through a secure Internet connection.
4.2.5 System Functions
Axsis™ VPS delivers a full range of features and required functionality meeting or exceeding items a.)
~ through q.) in the RFP specification. A detailed description of the system is in Appendix D - Infraction
Processing System.
4.2.6 Preparation and Mailing of Notices
Our Axsis ™ VPS system can be programmed to generate as many notices as required by the City, based
on criteria (e.g., non-payment and no scheduled hearings within a specified time frame). In the event that
there is no response to the original notice letter which was mailed to the violator or infraction remains
unpaid as of its due date, A TS will automatically reissue notices.
4.2.7 Notice Issuance Time Frame
Once the infractions are approved by the Police Department and the City has advised ATS to send the
initial notice, Notices of Infraction are generated by the Axsis ™ Violation Processing System and mailed
to the Owners' addresses by first class mail. Flags within the system will be set to ensure that notices are
mailed within the seven business days time frame defined by the City.
4.3 Statistical Analysis and Reporting Systems
4.3.1 Statistical Analysis
The Axsis TM VPS System provides comprehensive resources for statistical data for long-term analysis of
infractions and infraction trends. The reports are grouped by Statistical, Financial, and Operational data
~ types. The client can receive reports by email or directly through the web interface. ATS is able to
~. @2007 American Traffic Solutions, Inc.
-------- Proprietary and Confidential
Page 25
November 13, 2007
. Traffic Safety Camera Program
_ ATS is the only company offering true security to this sensitive data. We offer, as an option, Two-Factor
Authentication using the industry-standard for two-factor authentication called SecurlO@ by RSA.
RSA SecurlO@ two-factor authentication is based on something you know (a password or PIN) and
something you have (an authenticator)-providing a much more reliable level of user authentication than
reusable passwords. SecurlO@ is used by over 15 million people at more than 18,000 companies
worldwide.
ATS' SecurlO@ Authenticator functions like an ATM card. Network and desktop users must identify
themselves with two unique factors, something they know, and something they have, before they are
granted access. The ATS SecurlO@ Authenticator:
.-.
. Authenticates users at network, system and application and desktop levels
. Secures internal and remote network access
. Is compatible with leading remote access servers, wireless access points, web servers, firewalls
and VPNs
. Is easy-to-use, industry-proven technology
. Is designed with industry-standard technology
If the City chooses the SecurlO@ option, A TS will provide each authorized user with its own A TS SecurlO@
token for use to gain access to the Axsis™ VPS Violation Processing System application. This feature
will give the City the ultimate sense of security knowing that onlv authorized users will be able to access
the Axsis ™ VPS Violation Processing System.
4.4.2 Enforceable Image Storage
All enforceable images will be stored in compliance with State retention laws, be transferable to a CO
format or equivalent, and shall be accessible, upon request by the City's authorized representative.
Infraction data and image retention is a customer-defined requirement. Infraction images will be stored
for 180 days after final disposition. Once this time period has expired (per infraction), the individual
images are archived or destroyed and removed from the live system.
4.4.3 Evidence Package
The Axsis ™ system will be configured to produce an electronic Evidence Package which includes the
infraction images and data, violator history, document history, and any other relevant documents (such as
letters from the defendant) that may be included in the file one week prior to each scheduled hearing.
The Evidence Package is an Adobe POF file that can be passed to the Court for reference by the hearing
officer or judge during the hearing.
4.4.4 Chain of Evidence
.-
ATS understands that a secure chain of evidence is an essential element of any red light camera
operation. Our chain of evidence process is described in Section 4.1.11.
...... @2007 American Traffic Solutions, Inc.
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November 13, 2007
. Traffic Safety Camera Program
~ 4.5.4.3 Court Training Course
The Court Training Course provides a similar type of training as the Infraction Processing Course with a
focus on the court processing aspects of the system as well as a review of how the field camera
technology works.
In addition, the Court Training Course provides an historical and legal framework review of photo
enforcement, the common reasons for dispute, the tactics of defendants, and the typical counter
measures used by the prosecution. This course is applicable to court clerks, attorneys, police witnesses,
and even judges. Taken in two parts, this is a half-day course.
4.5.4.4 Axsis ™ Release Training
ATS is proactive in maintaining the Infraction Processing System and actively solicits feedback to insure
our system meets our client's needs. This feedback is incorporated into our quarterly update to the VPS
system. ATS consults with our clients to determine the most effective way of delivering this training.
Based on the depth of the release and client requirements, Release Training can be handled in a
classroom, virtual classroom or tutorial type setting.
~
4.5.4.4.1 Classroom Release Training
Provides an in-depth look at the pre-release Axsis ™ side by side with the enhancements to VPS.
Participants will receive hands-on training on the enhancements to the system, face-to-face instruction
and a workshop to cement the skills receive from the day's course.
4.5.4.4.2 Virtual Classroom Training
ATS is actively developing their virtual classroom system. Virtual classroom training allows participants to
learn from their desks but still allows them access to an instructor to address questions or comments they
may have. Virtual classroom sessions allow the same in-depth look at the material but limit the hands-on
ability. Requirements for attending: Internet access and conference capability.
4.5.4.4.3 Tutorial Training
ATS is currently developing tutorial-based training for our clients for all release and refresher training.
This will allow our clients 24 hours a day, 7 days a week to access training programs to increase their
knowledge base in the system, catch up on current releases and provide new employees with a self-study
program.
4.5.4.5 Ongoing Local Training
ATS will also provide local training support for City staff that uses the Axsis™ application throughout the
contract period.
4.5.5 Hands-On Training
.~ ATS will provide hands-on training as necessary to City personnel.
~ @2007 American Traffic Solutions, Inc.
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November 13, 2007
'" Traffic Safety Camera Program
."",......
Court Resources
During the implementation phase, we would appreciate an IT resource to be appointed to the program.
This assistance will assure a smooth and expedited design and implementation of the court interface
needed for this automated program.
1 - IT Resource during implementation
1/8 to Y4 time - Hearing Admin Clerk - Conduct Hearings.
Police Review Staff
We estimate that the police will be required to provide up to one half-time project manager and one full-
time equivalent resource for web-based final infraction approval.
Y4 to % - Program Manager
Y4 to % - Police Officer or Reserve to approve infractions in Axsis ™
Engineering Coordination
-
We recommend that the City appoint a City traffic engineer to manage the City's portion of infrastructure
installation and to interface with ATS engineers and installers. During project implementation, we
recommend a dedicated traffic engineering resource during the construction phase.
""~,
% - Engineering Resource during implementation
4.6.5 Public Education Program
A TS understands that community awareness and acceptance of the traffic safety camera program is
essential in getting drivers to behave more safely.
Our team of media and public relations experts will partner with the City of Aventura to generate
campaigns to win trust and confidence in the Traffic Safety Camera Program. We will also partner with
the City to sustain these objectives throughout the life of the contract.
ATS has a proven track record in developing imaginative, effective Community Outreach and Education
campaigns in Florida, including Apopka. We will soon work with Miami Gardens, Pembroke Pines and
Palm Coast on their campaigns. Red Light Running Camera Enforcement programs require continuous,
proactive outreach to stakeholders and the community-at-Iarge. The ATS role in that outreach begins
even before cameras are installed.
Key objectives of the public awareness program include:
. Position the City as committed to improving safety in the community;
,""""'"
...._ @2007 American Traffic Solutions, Inc.
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November 13, 2007
. Traffic Safety Camera Program
.-.. . Educate the public about the serious dangers of red light running and the consequences: Death
and injury, property damage, insurance costs, as well as the damage to a community's quality of life
and its sense of safety and well-being;
. Develop a timeline with specific strategies and tactics for pre-deployment, post-deployment, and the
ongoing phases of maintenance and reporting;
. Distribute information to the public using a variety of communications resources;
. Create public understanding and acceptance of the automated red light enforcement program; and
. Report the effectiveness of the program, including reducing red light infractions and collisions.
All public awareness activities will be coordinated directly with the appropriate City staff, and prior
approval by the City of content in all media and public education materials will be strictly adhered to by
our team.
Our team will produce the following deliverables included in the price proposal:
. Engaging and educational website content to be provided to the City's webmaster. Examples of
our cooperative input in other successful cities can be seen here:
http://www .citvofm esa. ora/pol ice/traffic/ photo enforce/aspx
http://www.citvofirvina.ora/public-works/red-Iiqht-camera.htm I
.-..
http://traffic.ci.lubbock.tx.us/RedLiqhtEnforcement.htm
. Design and content of one graphically appealing and informative public education pamphlet in
English, Spanish, and other languages (8% x 11") (materials to be printed and distributed by the
City).
. PowerPoint slide show for use by the Mayor, City Council Members, the Police Chief, and other
City personnel for presentations and speaking engagements.
. Ongoing media relations material
Press Releases
Media Advisories
Media Kits, including high-quality still photos and video
.
.
.
.
,.,-..
.
Backgrounder on City's photo enforcement program
Project "fact" sheet
Research summary confirming effectiveness of program in other markets
Graphics (How a Red Light Camera Works, Sample Traffic Citation)
Assistance with media kick-off event, press conference and media briefing
..411J @2007 American Traffic Solutions, Inc.
......_-...... Proprietary and Confidential
Page 35
November 13, 2007
~
. Traffic Safety Camera Program
public awareness program support.
Option C - Tiered Fee per Paid Citation (one camera / rear imaging)
This fee schedule reduces the incremental cost to the city as the number of
paid notices increases.
1st Tier Fee (First 2 paid notices per day per camera (Le. first 89 paid per
month)
2nd Tier Fee (Next 2 paid notices per day per camera) (from 90-149 per
month)
3rd Tier Fee (All other paid notices per day per camera) (150+ per month)
Includes red light camera equipment, installation, maintenance, infraction
processing services, in state and out of state DMV records access, mailing
of 1st notice in color with return envelope, mailing of reminder notice-text
only, lockbox payment processing, web-payments access, call center
support for general program questions and public awareness program
support.
If fewer than 2 notices are paid per camera per day, vendor is
compensated with all revenue collected.
$47.50
$27.50
$17.50
4.7.2 Project Manager as Single Contact
The assigned project manager, Andrew Souder, will be the City's single point of contact throughout the
~
project.
4.7.3 Intersection Design and Installation Plans
ATS has in-house professional civil engineers who will modify the "as-built" drawings to include ATS-
added infrastructure to be reviewed and approved by the City and County.
ATS will acquire all of the appropriate permits associated with the Traffic Safety Camera Program for the
City of Aventura. ATS has extensive experience working with various agencies throughout the United
States, including in Florida, to obtain the necessary permits and approvals. These include various
Departments of Transportation, as well as a variety of utility companies and telecommunications
organizations. This vast and extensive experience will enable to work effectively with local entities to
ensure a timely receipt of permits and approvals.
4.7.4 Installation and Maintenance
A TS will maintain the red light camera system and will provide support and maintenance for the installed
cameras throughout the project.
4.7.5 Infraction Processing
A TS staff performs all pre-review and case preparation functions.
~ Appendix D contains a detailed description of our Infraction Processing workflow.
.... @2007 American Traffic Solutions, Inc.
..----,.,.-- Proprietary and Confidential
Page 37
November 13. 2007
,,-...
.. Traffic Safety Camera Program
4.7.6 Notice Preparation and Mailing
Once the infractions are approved by the City/Police Department, Notices (also called Notices of
Infraction) are generated by the Axsis™ Violation Processing System and mailed to the owners'
addresses by first class mail, including a return envelope for payments.
4.7.7 Issuance Time Frame
The system will be set to ensure that notices are mailed within the time frame defined by the City.
4.7.8 Notice Processing Supplies
ATS can provide all notice processing supplies.
4.7.9 Information on Notices
All notices contain color images of the infraction and instructions on how to view the alleged infraction
through the Internet.
A sample notice is in Appendix F. A full description of the website that violators can use to view the
infractions is in Appendix G.
4.7.10 Payments
ATS has partnered with U.S. Bank as the payment processor for online and phone payments. When a
Notice is issued, the payer may choose from the following range of payment channels:
,-...
Pay online, using the web, check or debiUcredit card (a convenience fee to the violator is applied)
Pay by phone with credit or debit card
Receipts for e-check and crediUdebit cards are provided. These can be printed or emailed to the payer if
the payer provides an email address.
4.7.11 Third Party Collection Service
ATS will manage all collections processing for the City of Aventura. We will contract with a third party
collection service for delinquent account collections.
4.8 Financial Return
Red Light Photo Enforcement Program
Projected Revenue and Citation Volume
5 Year Forecast
4 Red Light Cameras
$125 Average Fine to City
24 violations per day per camera (starting rate)
Projected City Revenue
Year 1 Year 2 Year 3 Year 4 Year 5 Total
$ 1,329,000 $ 949,000 $ 911,000 $ 911,000 $ 911,000 $ 5,011,000
Red Light Citations Issued
22,836 16,311 15,659 15,659 15,659 86,123
Average Violation Reduction
13% 38% 40% 40% 40% 34%
-
.
.IS. @2007 American Traffic Solutions, Inc.
......."......-.. Proprietary and Confidential
Page 38
November 13, 2007
. Traffic Safety Camera Program
,-. 5. Additional Information
5.1 Company Qualifications
Key ATS staff members have 15 to 20 years of direct experience in automated photo traffic enforcement.
Our principals were pioneers in the photo traffic enforcement industry and were involved with the
implementation and operation of the first traffic camera programs in the United States, including the first
New York City Pilot Project in 1983, the Paradise Valley Photo Radar Program in 1987, and the Los
Angeles MTA Rail Crossing Camera system in 1993. ATS continues to operate the New York City
program, which has been operated continuously for more than 10 years, first with "wet film" technology
and now with second generation, all digital camera systems. ATS is also a recognized leader in the
electronic toll infraction and enforcement management industry. Our experience with the large volumes
of transactions generated by toll infractions has enabled us to develop and refine our technologies in the
most demanding environment.
Our experience has taught us what works and produces results, and what does not. We have refined our
technologies and offerings to include only those elements that produce successful outcomes and best
serve our customer's needs.
We are industry innovators in high-efficiency, high-yield technologies and best business practices.
Following is a list of accomplishments which include a number of "industry firsts," including:
,-.
. First American-made film traffic camera system.
. First all-digital traffic camera system used in an active enforcement program.
. First photo traffic enforcement program for criminal prosecution.
. First team to support a fully outsourced traffic camera program.
. First patented technology to defeat "plate blocker" covers.
We offer ground breaking technologies. Our video loop detection system utilizes the Iteris Vantage ™
sensors, which is a U.S. Department of Transportation standard for traffic management systems.
A TS is a privately held company founded in 1992 with a successful track record for on-time delivery, high
levels of customer satisfaction, financial strength and profitability. A TS has been profitable since its
inception and has sustained annual growth in revenue and profit, which is an important factor in terms of
long term viability.
5.2 Drug-Free Workplace
A TS understands that preference will be given to the proposer with a drug-free workplace in the event
that there is a tie. ATS is a drug-free workplace; therefore, all potential employees must pass a
substance abuse screening prior to employment with ATS. In addition, ATS employees are subject to
random drug and alcohol screenings in accordance with business practices and applicable laws.
.-..
.... @2007 American Traffic Solutions, Inc.
......-...---- Proprietary and Confidential
Page 39
November 13, 2007
. Traffic Safety Camera Program
~ 5.3 Other Services
In addition to red light camera enforcement, ATS offers services such as Amber Alert, wanted or stolen
vehicle detection; stop sign enforcement; railroad crossing enforcement and construction work zone
enforcement. These services are detailed in Appendix H.
5.4 Sample Contract
If the City of Aventura awards the contract to ATS, the contract may be executed with American Traffic
Solutions, L.L.C., which is a Delaware limited liability company, and is an ATS company that acts as its
contracting affiliate. ATS takes exception to Item 2.15 in the City's RFP. A sample of ATS' Professional
Services Agreement (PSA) is in Appendix I for the City's review. Whereas we understand that the City
will use a contract template of their creation, we believe that the scope section of the ATS contract should
be included to clearly define each party's responsibilities.
~
~
.,s @2007 American Traffic Solutions, Inc.
---....--...- Proprietary and Confidential
Page 40
November 13, 2007
Pursuant to Ordinance 1813 section 78-84 approved by Apopka's City Council, the owner of a motor vehicle is liable for payment of a mini-
mum civil penalty of $125.00 if the owner's vehicle proceeds into an intersection equipped with a photographic traffic control monitoring system
when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal. It has been determined that your vehicle has
proceeded into an intersection by entering the crosswalk on the near side of an intersection when the traffic control signal, for the direction in ...
which your vehicle was traveling, was emitting a steady red signal. If you were making a right hand turn, you failed to come to a complete st ""I.
at the clearly marked stop line or if none was present, at the point nearest the intersecting roadway where you had a view of approaching trc..
fic on the intersection.
Failure to pay the civil penalty or contest liability by the Due Date is an admission of liability in the full amount of the civil penalty assessed in
the Notice of Violation of City Ordinance and constitutes a waiver of the right to contest under Ordinance 1813 section 78-84. No points will
be assessed against you for the civil penalty, nevertheless your failure to respond will cause this matter to be submitted to a collections agency
and reported to the credit bureau. If you do not pay by the due date a late fee of $25.00 will be added to your fine amount. You have the right
to contest the imposition of the civil penalty by signing and mailing the coupon below; the coupon must be received by the Due Date.
INSTRUCTIONS
ONLINE PAYMENT: The fastest and easiest way to pay your Notice is to pay online. Go to www.Violationlnfo.com and logon with your No-
tice # and Pin # shown in the red box on the front of this notice. Click the Pay button.
PAYMENT BY PHONE: 9:00 AM to 5:00 PM Eastern time Toll Free at:1-866-790-4111.
PAYMENT BY MAil: Mail your check or money order (payable to the City of Apopka) in the enclosed envelope with the coupon printed at the
bottom of the reverse side of this notice. DO NOT MAIL CASH. Be sure to put the Notice # (see reverse) on the face of your payment. If you
have any questions, please call Customer Service Toll Free at 1-866-790-4111.
PAYMENT IN PERSON: You may pay in person with your check or money order at the Apopka Police Department, 112 E. 6th Street, Apopka,
FL 32703.
VIEW YOUR IMAGES AND VIDEO: The recorded images and video of your violation will be submitted as evidence in the Police Department
proceeding for disposition of the violation. You may view your images and video online at www.Violationlnfo.com. You will need your No-
tice # and Pin # printed on the front of this notice inside the red box. If you do not have internet access, you may view your video and images
at the Apopka Police Department by asking for one of the traffic officers (112 E 6th Street, Apopka, FL).
REQUEST AN ADJUDICATION HEARING: You may contest the imposition of the civil penalty by requesting, in writing, an Adjudication Code
Enforcement Hearing. Sign and mail the coupon below; your request must be received by the Due Date stated on the front of this Notice.
Upon receipt, you will be notified of the date, time and location of your Adjudication Code Enforcement Hearing. Your request must be received
before the due date. If after the hearing you are found liable you must pay $65.00 court costs. ..
QUESTIONS: If you have any questions, please contact Customer Service Toll Free at 1-866-790-4111.
It is presumed that the registered owner of the vehicle for which a civil red light Notice of Violation is issued is the person who com-
mitted the civil red light violation. However, if your vehicle was stolen or was otherwise not in your care, custody or control without the con-
sent of you, the registered owner, at the time of the violation, you may submit an Affidavit of Non-Responsibility at your Code Enforcement
Hearing to rebut the presumption that you were driving the vehicle at the time of the violation.
1. You may print the form from the website: www.Violationlnfo.com. You will need your Notice # and Pin # printed on the front of this no-
tice to login to the website.
2. You must set forth the circumstances demonstrating that the vehicle was not in your care, custody or control or that of a person with your
consent
3. The Affidavit of Non-Responsibility must be executed in the presence of a notary
4. You must request an Adjudication Code Enforcement Hearing by signing and mailing the coupon below
5. You must present, in person, the Affidavit of Non-Responsibility at your Adjudication Code Enforcement Hearing
Detach here and return the bottom portion as a request to contest this Notice of Violation
I submit this form as a request to contest this Notice of Violation and acknowledge that it must be received by the Due Date of this notice to be a valid request. I
understand that I must attend this hearing in-person. I also understand that I will be notified of the date, time and location of the hearing. Please sign and print
name using blue or black ink.
Signed:
Print Name:
.....
,.--
SECTION 6
PROPOSAL FORMS
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP# 08-11-13-2
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 120 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.
Addendum # N/A Dated
Addendum # Dated
Addendum # Dated
Attached hereto are the following forms/documents which form a part of this proposal:
Attachments
,.--
Proposal Form
Respondent's Certification
No Bid or Proposal Response
Agency Reference List
Other References
Proposer's Qualifications
Indemnification Clause
Sworn Statement Pursuant to Section 287.133 (3)(a), Florida Statutes,
On Public Entity Crimes
Business Entity Affidavit
Drug-Free Workplace Affidavit
40
---
Anti-Kickback Affidavit
Non-Collusive Affidavit
American Traffic Solutions, Inc.
NAME OF BUSINESS
~
SIGNATURE
Adam E. Tuton, Executive Vice PresidenUCOO
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
14861 N. Scottsdale Rd., Ste. 109
Scottsdale, AZ 85254
~ foregoing instrument was sworn to and subscribed before me this
<oJ~ , 200::J by Adam E. Tuton
personally known to me or J3mGlblGoGl
i~eAijfisati& IL ~
NOTARY BLlC, State of Fb'J1{..L-
Print Name: ~.ull' K.le!'/J~
Commission No.: ;t ~"3 q Y
Commission Expires: .' a...1/r:2.01 I
CITY, STATE, ZIP CODE
~) 443-7015
TELEPHONE NUMBER
STATE OF Arizona
)
) SS
)
,-.
COUNTY OF Maricopa
J;t day of
who is
as
SEAL
(if Corporation)
,-.
- - -
- -
- -
-
8 SHERRI K. TEILlE
11II Notary Public . Arizona
. ~ MarIcopa County
~ · · MvComm. Exr:llMlFeb27. 2011
-
--
41
.,,-..,
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP # 08-11-13-2
RESPONDENT'S CERTIFICATION
CERTIFICATE
(if Corporation)
STATE OF Arizona
)
)SS
)
COUNTY OF Maricopa
I HEREBY CERTIFY that a meeting of the Board of Directors of
the American Traffic Solutions, Inc.
a corporation existing under the laws of-the-State of Kansas
..-..
held on November 9
, 20~, the following resolution was duly passed
and adopted:
Adam E. Tuton
RESOLVED, that,^ as Executive VP/COO of the Corporation, be and is hereby
authorized to execute the proposal dated, November 13 ,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
sea~on on this the 9th of Novembe' . 2C07
Secretary
(SEAL)
.... - ~ - - ~ .- - ~ J A...
. SHERRI K. TEllLE' .. ~
@_NotaryPUbllc'Arlzona
~ . Maricopa County
. . · My Comm. Expires Feb 27, 2011
,,-..,
42
,,-...
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP #08-11-13-2
AGENCY REFERENCE LIST
Please list five (5) Governmental Agency contract references for which you
have done business within the past three (3) years, if available:
Agency Name:
New York City, New York
Address:
City of New York Department of Transportation
34-02 Queens
City, State, & Zip Code:
Long Island City, New York 11101
.-..
Contact's Name & Phone #:
Steven Galgano: (718) 786-3550
Agency Name:
City of Apopka, Florida
Address:
Apopka Police Department
112 East Sixth Street
City, State, & Zip Code: Apopka, Florida 32703
Contact's Name & Phone #:
Sgt. Stephan Brick: (407) 782-5632
Agency Name:
City of Seattle, Washington
Address:
Seattle Police Department
610 5th Avenue, P.O. Box 34986
City, State, & Zip Code: Seattle, Washington 98124-4986
Contact's Name & Phone #:
Ofc. Dean Shirey: (206) 233-7266
,,-..
45
,"-"
.~
,,-..
REFERENCES (continued)
Agency Name:
City of Houston, Texas
Address:
Traffic Division - Red Light Program, Houston Police Department
61 Riesner Street, 4th Floor
City, State, & Zip Code:
Houston, Texas 77002
Contact's Name & Phone #:
Sgt. E. Bryan Robinson: (713) 247-5919
Agency Name:
City of St. Louis, Missouri
Address:
City Hall, Room 200
1200 Market Street
City, State, & Zip Code: St. Louis. Missouri 63103
Contact's Name & Phone #:
Ron Smith: (314) 622-4070
Attach additional sheets if necessary.
If there are less than five (5) agencies listed above, complete Attachment B-1 to bring
the total number of references to at least five (5).
46
..,-...
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP #08-11-13-2
PROPOSER'S QUALIFICATIONS
(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: American Traffic Solutions, Inc.
Address: 14861 N. Scottsdale Rd., Ste. 109
.,-...
Scottsdale, AZ 85254
Principals: James D. Tuton
Titles: PresidenUCEO
Adam E. Tuton
Executive Vice PresidenUCOO
Adam R. Draizin
John T. Petrozza
Executive Vice PresidenUCFO
Executive Vice President
2. a. Are you licensed, as may be required, in the designated area(s) of Miami-Dade
County, Florida?
YES
NO x*
b. List Principals Licensed:
Name(s): same as above (question no. 1) Title:
Remarks: *We are reQistered with the State of Florida as a corporation and authorized to do
business in the State. If awarded the contract by the City of Aventura, we will acquire any
licenses required to do business in the City.
3. How long has your company been in business and so licensed? ATS has been in business for 15
years and authorized to do business
in Florida since June 2006.
.,-...
49
,,-. PROPOSER'S QUALIFICATIONS (continued)
(Page 2 of 3)
4. If Proposer is an individual, corporation or a partnership, answer the following:
a. Date of Organization 4/22/1992
b. Name, address and ownership units of all partners:
James D. Tuton, 14861 N. Scottsdale Rd., Ste. 109, Scottsdale, AZ 85254, 25%
Adam E. Tuton, 14861 N. Scottsdale Rd., Ste. 109, Scottsdale, AZ 85254, 25%
Adam R. Draizin, 14861 N. Scottsdale Rd., Ste. 109, Scottsdale, AZ 85254, 25%
John T. Petrezza, 503 Cary Avenue, Staten Island, NY 1031025%
c. State whether general or limited partnership: N/A
d. State whether a corporation yes
incorporation 4/22/1992 in Kansas
Date and place of
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?
4 years
a. Under what other former names has your organization operated?
American Traffic Solutions, Inc. was formally named Traffic Electronics Corporation. The name change
7. a. Has your company ever failed to complete a bonded obligation or to complete a
contract?
YES
NO x
a If so, give particulars including circumstances, where and when, name of
bonding company, name and address of City and disposition of matter:
,,-.
50
__ PROPOSER'S QUALIFICATIONS (continued)
(Page 3 of 3)
b. Are you now or in the past five (5) years been involved as a defendant in
litigation concerning the performance of your company operations? If so list:
No
8. a. List the pertinent experience of the key individuals of your organization;
(continue on insert sheet, if necessary).
Andrew Souder is the project manager who will be assigned to the City of Aventura's traffic safety
camera program. His experience includes managing red light camera programs in Mississippi and
Louisiana.
b. State the name of the individual(s) who will have personal supervision of the
work:
Andrew Souder
--
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 James Tuton
Adam Tuton
Title President
Executive VP/COO
10. Describe your Company's experience in providing services to other police agencies
similar to the comprehensive service to be provided herein.
American Traffic Solutions (ATS) has delivered and operated turnkey automated digital traffic camera enforcement
programs for the past 15 years. A TS serves more than 100 cities and has more than 850 systems contracted
throughout the United States. Our clients include Apopka, FL; Miami Gardens, FL; Orange County, FL; Palm
Coast, FL; Pembroke Pines, FL; New York City, NY; Philadelphia, PA; San Diego, CA; Seattle, WA; Mesa, AZ.;
Phoenix, AZ.; Fort Worth, TX; Houston, TX; New Orleans, LA; Baton Rouge, LA; St. Louis, MO and Washington,
D.C.
~
51
---
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP #08-11-13-2
INDEMNIFICATION CLAUSE
,-.
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.
~1
Signature
American Traffic Solutions, Inc.
Proposer's Name
11/9/2007
Date
STATE OF FLORID.'\ ARIZONA
COUNTY OF MI/\MI D/\DE MARICOPA
SWORN TO AND SUBSCRIBED before me, the under signed authority,
Adam E. Tuton who, after first being sworn by me, affixed histAeF
[name of individual signing] .
signature in the space provided above on this ~day of _'t\I0YeI1cbv ,20 DJ
~1(~
NOTARY PUBLIC
- - -
- -- - -- -- .- -- --
I (j SHERRI K. TEILlE
_ Notary Public . Arizona
~ ~ Maricopa County
. . MyComm. ExpIres Feb27, 2011
-
---
52
~
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE
PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICAL
AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to the CITY OF AVENTURA, FLORIDA
By: Adam E. Tuton, Executive Vice President/COO
(print individual's name and title)
For: American Traffic Solutions, Inc.
(print name of entity submitting sworn statement)
whose business address is: 14861 N. Scottsdale Rd., Ste. 109, Scottsdale, AZ 85254
and (if applicable) its Federal Employer Identification Number (FEIN) is:
48-1114931
(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
53
~
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).
IX! 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.
~
D 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.
D 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.
~
54
...-..
J
Signature
Sworn to and subscribed before me this J 2-
200.:::t
day No~
Personally
known
x
OR
Produced identification
Arizona
. SYJUIi' ~ Name of Notary
Notary Public - State of
@ SHERR I K. TEILlE
11II Notary Public . Arizona
~ Marlcapa County
. . MyCorrvn.Exp\relFeb27,2011
...-..
..-..
55
.-
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP#08-11-13-2
BUSINESS ENTITY AFFIDAVIT
(VENDOR/BIDDER DISCLOSURE)
I Adam E. Tuton
,
State: Arizona
, 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:
.--.
48-1114931
Federal Employer Identification Number (If none, Social Security Number)
American Traffic Solutions, Inc.
Name of Entity, Individual, Partners or Corporation
14861 N. Scottsdale Rd., Ste. 109
Street Address Suite
Scottsdale,
City
AZ
State
85254
Zip 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 Leaal Name Address Ownership
James D. Tuton 14861 N. Scottsdale Rd., Ste. 109, Scottsdale, AZ 85254 25%
Adam E. Tuton 14861 N. Scottsdale Rd., Ste. 109, Scottsdale, AZ 85254 25%
.-
Adam R. Draizin 14861 N. Scottsdale Rd., Ste. 109, Scottsdale, AZ 85254 25%
John T. Petrozza 503 Cary Avenue, Staten Island, NY 10310 25%
56
~
BUSINESS ENTITY AFFIDAVIT (continued)
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:
N/A
d4
Signature of Affiant
11/9/2007
Date
Adam E. Tuton
Print Name
I; dayof Nov~ ,2oLL.
~~
Notary Public - State of Arizona
~
Sworn to and subscribed before me this
Personally known x
OR
Produced identification
Type of identification
SHERRI K. TElllE
Notary Public - Arizona
MarIcopa County
Pn
commissioned
.~
57
,,-...
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP# 08-11-13-2
DRUG-FREE WORKPLACE AFFIDAVIT
FLORIDA STATE STATUTE 287.087
Identical Tie Bids: Preference shall be given to business with drug-free workplace
programs. Whenever two (2) or more bids which are equal with respect to price, quality,
and service are received by the State or by any political subdivision for the procurement
of commodities or contractual services, a bid received from a business that certifies that
it has implemented a drug-free workplace program shall be given preference in the
award process. Established procedures for processing tie bids will be followed if none
of the tied vendors have a drug-free workplace program. In order to have a drug-free
workplace program, a business shall:
,,-...
a) Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
b) Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug-free workplace, any available drug
counseling, rehabilitation, and employee assistance programs, and the penalties
that may be imposed upon employees for drug abuse violations.
1) Give each employee engaged in providing the commodities
or contractual services that are under Bid a copy of the statement
specified in subsection (1).
2) In the statement specified in subsection (1), notify the
employees that, as a condition of working on the commodities or
contractual services that are under Bid, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contendere to, any violation of chapter 893 or of any
controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
,,-...
58
.,,-...
,,-...
-
DRUG-FREE WORKPLACE AFFIDAVIT (continued)
3) Impose a sanction on, or require the satisfactory
participation in a drug abuse assistance or rehabilitation program if such is
available in the employee's community, by any employee who is so
convicted.
4) Make a good faith effort to continue to maintain a drug-free
workplace through the implementation of this section.
FLORIDA STATE STATUTE 287.087
As the person authorized to sign the statement, I certify that thi
the above requirements.
complies fully with
Vendor's Signature
59
~
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP# 08-11-13-2
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
}
}
}
SS:
COUNTY OF
I, the undersigned, hereby duly sworn, depose and say that no portion of the sum
herein bid will be paid to any employees of the City of Aventura, its elected officials, and
or its design consultants, as a commission,
kickback, reward or gift, directly or indirectly by me or any member of my firm or by an
officer of the corporation.
eft!
Adam E. Tuton
By:
~
Title: Executive Vice PresidenUCOO
Sworn and subscribed before this
I ~ day of Iv vt!..etK.f)v \, ,200 1
~l'~1o,P
Notary Public, Sta~m~i~ Arizona
/CS0eYt1" 1(.It1/t~
(Printed Name)
- - -
- -
@) SHERRI K. TElllE
R Notary Public . Arizona
':1 . Maricopa County
. ,My Comm. Expires Feb 27, 2011
- -
My commission expires:
a/)l J~Ol )
~
60
~
CITY OF AVENTURA
REQUEST FOR PROPOSALS
TRAFFIC SAFETY CAMERA PROGRAM
RFP# 08-11-13-2
NON-COLLUSIVE AFFIDAVIT
COUNTY OF
MARICOPA
}
}
}
SS:
STATE OF FLORID.^. ARIZONA
Adam E. Tuton
being first duly sworn, deposes and says that:
~
a) Hetef::te is the Executive Vice President/COO ,
(Owner, Partner, Officer, Representative or Agent) of
American Traffic Solutions. Inc. the Proposer that has submitted the attached
Proposal;
b) HetsRe is fully informed respecting the preparation and contents of
the attached Proposal and of all pertinent circumstances respecting such
Proposal;
c) Such Proposal is genuine and is not collusive or a sham Proposal;
d) Neither the said Proposer nor any of its officers, partners, owners,
agents, representatives, employees or parties in interest, including this affiant, have
in any way colluded, conspired, connived or agreed, directly or indirectly, with any
other Proposer, firm, or person to submit a collusive or sham Proposal in
connection with the Work for which the attached Proposal has been submitted; or to
refrain from proposing in connection with such work; or have in any manner, directly
or indirectly, sought by person to fix the price or prices in the attached Proposal or
of any other Proposer, or to fix any overhead, profit, or cost elements of the
Proposal price or the Proposal price of any other Proposer, or to secure through
any collusion, conspiracy, connivance, or unlawful agreement any advantage
against (Recipient), or any person interested in the proposed work;
~
e) The price or prices quoted in the attached Proposal are fair and
proper and are not tainted by any collusion, conspiracy, connivance, or unlawful
agreement on the part of the Proposer or any other of its agents, representatives,
owners, employees or parties in interest, including this affiant.
61
,,-..
,,-..
.~
NON-COLLUSIVE AFFIDAVIT (continued)
Signed, sealed and delivered
in the presence of:
J
c#fV~
ness
_A. r?~'-^-
Witness
By:
Adam E. Tuton
(Printed Name)
Executive Vice PresidenUCOO
(Title)
62
,.-...
NON-COLLUSIVE AFFIDAVIT (continued)
ACKNOWLEDGMENT
STATE OF FLORID/\ ARIZONA }
} SS:
COUNTY OF MARICOPA}
BEFORE ME, the undersigned authority personally appeared
Adam E. Tuten to me well known and known by me to
be the person described herein and who executed the foregoing Affidavit and
acknowledged to and before me that Adam E. Tuten
executed said Affidavit for the purpose therein expressed.
J2-
day of
AI WITNESS,
fjl/f.hJ).if
my har;i, and
,20JL(
official seal this
.-...-. -----.-.....-...-......-----
..-
(j SHERRI K. TEIL1E ·
_ Notary Public - Arizona .
~ Maricopa County .
J11 n I, . . MyComm. expires Feb 27. 2011
Jl/:::;;Jb~~lerida at large ARIZO:A
My Commission Expires:
.-...
63
ACORDTM CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 I DATE
11/17/2006
PRODUCER 877-94.5-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
.... willis North America, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 305191
Nashville, TN 372305191 INSURERS AFFORDING COVERAGE NAIC#
INSURED American ~raffic Solutions, Inc., INSURER A: ~ranscontinental Ins. Co. 20486-001
14861 N. Scottsdale ad INSURERB: Valley Forge Ins. Co. 20508-001
Ste 109
Scottsdale, AZ 85254 INSURER C: Continental Casualty Co. 20443-001
INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~J>D~~ TYPE OF INSURANCE POLICY NUMBER P81-}l:~i[C6&Q~E P8,k1fEYI~'a;I,R~!.gN LIMITS
LTR NSR
A ~NERAL LIABILITY 209224.9865 11/17/2006 11/17/2007 EACH OCCURRENCE $ 1 000 000
~ OMMERCIAL GENERAL LIABILITY ~~~~~H9E~~~~nce\ $ 500 000
f-- CLAIMS MADE [i] OCCUR MED EXP (Anyone person) $ 15 000
f-- PERSONAL & ADV INJURY $ 1 000 000
f-- GENERAL AGGREGATE $ 2 000 000
nN'LAGGRn LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2 000 000
POLICY ~~g: LOC
B ~TOMOBILE LIABILITY 209224.984.8 11/17/2006 11/17/2007 COMBINED SINGLE LIMIT
$ 1,000,000
~ ANY AUTO (Ea accident)
f-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
f--
f-- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
f--
, PROPERTY DAMAGE
f-- $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY 209224.9851 11/17/2006 11/17/2007 EACH OCCURRENCE $ 10.000 000
=:J OCCUR D CLAIMS MADE AGGREGATE $ 10.000 000
$
::l DEDUCTIBLE $
X RETENTION $ 1 n nn $
C WORKERS COMPENSATION AND 2084.94.6881 11/17/2006 11/17/2007 I WCSTATli-.1 IOTH-
EMPLOYERS' LIABILITY TORY LIMITS ER
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ 1 000 000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 000 000
~~~~;i"c~'I\'o~lS1oNS below E.L. DISEASE - POLICY LIMIT $ 1 000 000
A OTHER Property 209224.9865 11/17/2006 11/17/2007 $3,000,000 Blkt Bldgs/BPP
$ 75,000 Blket BI/EE
$ 5,000 Deductible
No Co-ins
DESCRIPTION OF OPERATlONSlLOCATlONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Evidence of Coverage
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
ACORD 25 (2001/08)
Coll:1810559 TPl:567671
@ ACORD CORPORATION 1988
American ~raffic Solutions, Inc.
14861 Scottsdale Road
Scottsdale, AZ 85254
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
Coll:1810559 Tpl:567671 Cert:8089773
~
CWA
G-134802-C
(Ed. 11/04)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NONCONTRACTOR'S ADDITIONAL INSURED ENDORSEMENT
~
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended to
include as an insured any person or organization
(called additional insured) described in paragraphs
2.a.through 2.g. below whom you are required to
add as an additional insured on this policy under a
written contract or agreement but the written
contract or agreement must be:
1. Currently in effect or becoming effective during
the term of this policy; or
2. Executed prior to the "bodily injury," "property
damage" or "personal injury and advertising injury,"
but
Only the following persons or organizations are
additional insureds under this endorsement and
coverage provided to such additional Insureds is
limited as provided herein:
a. State or Political Subdivisions
A state or political subdivision subject to the
following provisions:
(1) This insurance applies only with respect
to the following hazards for which the
state or political subdivision has issued
a permit in connection with premises
you own, rent, or control and to which
this insurance applies:
(a) The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings,
canopies, cellar entrances, coal
holes, driveways, manholes,
marquees, hoistaway openings,
sidewalk vaults, street banners, or
decorations and similar exposures:
or
(b) The construction, erection, or
removal of elevators; or
(c) The ownership, maintenance, or
use of any elevators covered by this
insurance.
(2) This Insurance applies only with respect
to operations performed by you or on
your behalf for which the state or
political subdivision has issued a permit.
This insurance does not apply to "bodily
injury," "property damage" or "personal
and advertising injury" arising out of
G-134802-C
(Ed. 11 (04)
~
operations performed for the state or
municipality.
b. Controlling Interest
Any persons or organizations with a
controlling interest in you but only with
respect to their liability arising out of:
(1) Their financial control of you; or
(2) Premises they own, maintain or control
while you lease or occupy these
premises.
This insurance does not apply to structural
alteiatlons, new construction and demolition
operations performed by or for such
additional insured.
c. Managers or lessors of Premises
A manager or lessor of premises but only
with respect to liability arising out of the
ownership, maintenance or use of that
specific part of the premises leased to you
and subject to the following additional
exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2) Structural alterations, new
construction or demolition operations
performed by or on behalf of such
additional insured.
d. Mortgagee, Assignee or Receiver
A mortgagee, assignee or receiver but only
with raspect to their liability as mortgagee,
assignee, or receiver and arising out of the
ownership, maintenance, or use of a
premises by you.
This insurance does not apply to structural
alterations, new construction or demolition
operations performed by or for such
additional insured.
e. Owners/Other Interests - Land is leased
An owner or other interest from whom land
has been leased by you but only with respect
to liability arising out of the ownership,
maintenance or use of that specific part of
Page 1 of2
.-
C'NA
.-
the land leased to you and subject to the
following add~ional exclusions:
This insurance does not apply to:
(1) Any "occurrence" which takes place
after you cease to lease that land; or
(2) Structural alterations, new construction
or demolition operations performed by
or on behalf of such additional insured.
f. Co-owner of Insured Premises
A co-owner of a premises co-owned by you
and covered under this insurance but only
with respect to the co-owners liability as co-
owner of such premises.
g. Lessor of Equipment
Any person or organization from whom you
lease equipment. Such person or
organization are insureds only with respect
to their liability for "bodily Injury," "property
damage," or "personal and . advertising
injury" caused, in whole or in part by your
maintenance, operation or use of equipment
leased to you by such person or
organization. A person's or organization's
status as an insured under this
endorsement ends when their written
contract or agreement with you for such
leased equipment ends.
With respect to the insurance afforded
these additional Insureds, the following
additional exclusions apply:
This insurance does not apply:
G-134802-C
(Ed. 11/04)
.-
G-134802-C
(Ed. 11/04)
(1) To any "occurrence" which takes place
after the equipment lease expires; or
(2) To "bodily injury" or "property damage"
arising out of the sole negligence of
such additional Insured.
Any insurance provided to an additional
insured designated under paragraphs a.
through g. above does not apply to "bodily
injury" or "property damage" included within
the "products-completed operations
hazard."
B. As respects the coverage provided under this
endorsement, Paragraph 4.b. SECTION IV -
COMMERCIAL GENERAL UABlLITY
CONDITIONS Is deleted and replaced with the
following:
4, Other Insurance
b. Excess Insurance
This insurance is excess over:
Any other insurance naming the additional
Insured as and insured whether primary,
excess, contingent or on any other basis
unless a written contract or agreement
specifically requires that this insurance be
either primary or primary and
noncontributing. Where required by written
contract or agreement, we will consider any
other insurance maintained by the additional
insured for injury or damage covered by this
endorsement to be excess and
noncontributing with this insurance.
Page 2 of 2
POLICY NUMBER: 2092249865
..-...
COMMERCIAL GENERAL LIABILITY
CG 25 03 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Construction Projects:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this
endorsement. )
A.
For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A (SECTION I), and
for all medical expenses caused by accidents under
COVERAGE C (SECTION I), which can be att-
ributed only to ongoing operations at a single des-
ignated construction project shown in the Schedule
above:
I. A separate Designated Construction Project
General Aggregate Limit applies to each des-
ignated construction project. and that limit is
equal to the amount of the General Aggregate
Limit shown in the Declarations,
2. The Designated Construction Project General
Aggregate Limit is the most we will pay for the
sum of all damages under COVERAGE A, ex-
cept damages because of "bodily injury" or
"property damage" included in the "products-
completed operations hazard", and for medical expenses
under COVERAGE C regardless of the number of:
,-...
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
.-..
3. Any payments made under COVERAGE A for damages
or under COVERAGE C for medical expenses shall
reduce the Designated Construction Project General
Aggregate Limit for that designated construction project.
Such payments shall not reduce the General Aggregate
Limit shown in the Declarations nor shall they reduce
any other Designated Construction Project General
Aggregate Limit for any other
designated construction project shown in the
Schedule above.
4. The limits shown in the Declarations for Each
Occurrence Fire Damage and Medical Ex
pense conti'nuc to apply. However, instead of
being subject to the General Aggregate Limit
shown in the Declarations, such limits will be
subject to the applicable Designated Construc
tion Project General Aggregate Limit.
B. For all sums which the insured becomes legally obligated to
pay as damages caused by "occurrences" under
COVERAGE A (SECTION I), and for all medical expenses
caused by accidents under COVERAGE C (SECTION I),
which cannot be attributed only to ongoing operations at a
single designated construction project shown in the
Schedule above:
1. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the amount available under
the General Aggregate Limit or the Products-
Completed Operations Aggregate Limit, whichever
is applicable; and
2. Such payments shall not reduce any Designated
Construction Project General Aggregate Limit
C. When coverage for liability arising out fo the "products-
completed operations hazard" is provided, any payments for
damages because of "bodily injury" or "property damage"
included in the "products-completed operations hazard" will
reduce the Products-Completed Operations Aggregate
Limit, and not reduce the General Aggregate Limit nor the
Designated Construction Project General Aggregate Limit.
CG 25 03 03 97
Copyright, Insurance Services Office, Inc., 1996
Page 1 of2
( _.. ...--- -" c:'i;~(;':7U't.'1~~::_:::i:;;:Y'if1-;~::;;tl""~:(;.f~,tr~';:;.i
I ACORD\::a,ERmlil~,
. __ l_~_C'),:;h~~;~''ih...;-,~;t''i';:.''''''';._.:,-~^,.::,:.~:'1-
,.-RODUCER
AON RISK SERVICES, INC. OF FLORIDA
1001 BRICKELL BAY DRIVE, SUITE #1100
MIAMI, FL 33131-4937
PHONE: 800-743-8130 FAX: 800-522-7514
DATE (MMIODIVY)
06/09/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
.__. 4_____.__._.
AMERICAN HOME ASSURANCE COMPANY
COMPANY
A
INSURED
ADP TOT AlSOURCE II. INC
10200 SUNSET DRIVE
MIAMI. FL 33173
'ALTERNATE EMPLOYER'
AMERICAN TRAFFIC SOLUTIONS / ATS
COMPANY
B
COMPANY
C
COMPAt>ly
D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POliCIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLlCY EFFECTIVE POUCY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE {MMIODlYYl DATE {MMlDDlYYl LIMITS
GENERAL LIABILITY GENERAl AGGREGATE $
_.~-------~..,
COMMERCIAL GENERAL LIABILITY PRODUCTS - COII4PIOP AGG $
[~] OCCUR _._.~---------
CLAIMS MAOE PERSONAL & MN INJURY $
--- -
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
---------------------------- FI.~~!.'I',~~E J^ny one fire} $
I MED EXP (Anyone palllon) $
AUTOMOBILE LIABILITY
ANY AUTO COMBINED SINGLE LIMIT $
ALL OWNED AUTOS BODIL Y INJURY $
SCHEDULED AUTOS Wer person)
HIRED AUTOS I300IL Y INJURY
~ $
NON-OWNED AUTOS (Per acCIdent.
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO Ot>lL Y - EA ACCIDENT $
"1 ANY AUTO ..
OTHER THAN AUTO ONLY'
._~ EACH ACCIDENT $
AGGREGATE $
EXCESS l.lABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKER'S COMPENSATION AND 1500490 07/01/2006 07i01/2007
A EMPLOYERS' LIABILITY $ 1.000,000
'THE PROPRIETOW R'NCL EL DISEASE. POLICY LIMIT $ 1,000,000
P IIRlNERSfEXf<:UTlV1l .-_..~._._-_.._...._.
OFFICERS ARE EXCl lil DISEASE. EA EMPLOYEE $ 1.000,000
OTHER
DESCRIPTION OF OPERATlONSILOCATlONSlVEHICU:SISPECIAL ITEMS
All EMPLOYEES WORKING FOR THE ABOVE NAMED CLIENT COMPANY. PAID UNDER ADP TOTAL SOURCE, INC'S PAYROLL, WILL BE COVERED UNDER
THE ABOVE STATED POLICY. "THE ABOVE NAMED CLIENT IS AN ALTERNATE EMPLOYER UNDER THIS POLlCY.
'i::ER1JFIC~TE;H6LDE,f(,'
',~~:.."
".: " ~.- ",'
". -, ' .~. "
--."
American Traffic Solutions 1 ATS
14861 N Scottsdale, Road Suite 109
Scottsdale. AZ 85254-2788
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE TtlE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
.}_C!_ DAYS WRITTEN NOTICE TO THe CERTIFICATE HOLDER NAMED TO THE LEFT.
aUT FAILURE TO MAIL SUCH NOTICE SHAU.IMPOSE NO OBLIGATION DR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZeD REPRESENTATIVE
.~
.... ,. i
ACORO 26-S(1/95
AON RISK SERVICES, INC. OF FLORIDA
..!...;:.'k.:}'@,.At()Rl:)"CORPO~'fkjij;:;,!jIJlj'
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
FROM:
Eric M. Soroka, ICMA, Cit
TO:
City Commission
BY:
DATE: November 7, 2007
SUBJECT: Waterways Park Expansion
January 8, 2008 City Commission Meeting Agenda Item S- '1
Recommendation
It is recommended that the City Commission adopt the attached Resolution dedicating
a ten (10) foot wide Easement to Florida Power and Light for the Waterways Park
Expansion project.
Background
Florida Power and Light requires an Easement to install, operate and maintain electrical
services for the Waterways Park Expansion project.
If you have any questions or need any additional information, please feel free to contact
me.
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE
EASEMENT TO FLORIDA POWER AND LIGHT COMPANY ON
THE WATERWAYS PARK EXPANSION SITE; PROVIDING FOR
RECORDATION; AUTHORIZING THE CITY MANAGER TO TAKE
ALL ACTION NECESSARY TO IMPLEMENT THE PURPOSES OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura requires electrical service at the new Waterways Park
Expansion project located at 3301 NE 213th Street; and
WHEREAS, Florida Power and Light Company requires a recorded easement prior to
commencement of construction of the electrical service; and
WHEREAS, Florida Power and Light Company requires a recorded easement to operate
and maintain said electrical services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA:
Section 1. That the Easement dedication, as reflected on the attached Easement,
inclusive of the Sketch and Legal Description, is hereby accepted and the City Manager is hereby
authorized to cause such Easement to be recorded in the Official Records of Miami-Dade
County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency
of the easement instrument.
Section 2. That the City Manager is authorized to take all action necessary to
implement the purposes 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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 8th day of January, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
Mhr)~
CITY ATTORNEY
Work Order No.
EASEMENT
This Instrument Prepared By
Antonio F. Tomei
Name: City of
Aventura
Sec.34 , Twp 51 S, Rge 42 E
Name:
Co.
Parcel I.D.28-1234-O] 9-0020
(Maintained by County Appraiser)
FORn 3722 (stocked) Rev. 7194
Address 19200 W. Countlv Club Dr.
Aventura. FL 33180
P91 of~.
The undersigned, in consideration of the payment of $1.00 and other good and
valuable consideration, the adequacy and receIpt of which is hereby acknowledged,
grant and give to Florida Power & Li~t Company, its licensees, agents, successors,
and assigns, an easement forever for die construction, operation and maintenance of
overhead and underground electric utility facilities (including wires, poles, guys,
cables, conduits and appurtenant equipment) to be installed from time to time; with
the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the
size of and remove such facilities or any of them within an easement * I 0 feet in width
described as follows: -
Reserwd for Cirt:uII Court
* See attached exhibit "A"
Together with the right to pennit any other person, finn or corporation to attach wires to any facilities hereunder and lay cable and conduit
within the easement and to operate the same for communications purposes; the right of ingress and egress to said prenuses at all times; the
right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep
tnmmed and cut all dead, weak. leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the
lines or systems of communications or power transmission or distribution; and ~er grants, to the fullest extent the undersigned has the
power to grant, if at all, the rights hereiDabove granted on the land heretofore described. over, along, under and across the roads, streets or
highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on ,20_.
Signed, sealed and delivered
in the presence of:
By:
(Corporate's name)
CITY OF AVENTDRA
(Witness'Signature)
Print Name:
JnfSI_IU~---) CITY MANAGER
ERIC M. SOROKA, lCMA-CK
Print Name
(Witness)
Print Address: 19200 WEST COUNTRY CLUB DRIVE
AVENTURA, FL 33180
(Witness'Signature)
Attest:
(Witness)
(Secretary's signature)
Print Name: TERESA M. SOROKA, MMC
Print Address: 19200 WEST COUNTRY CLUB DRIVE
AVENTDRA, FL 33180
(Corporate Seal)
Print Name
. The foregoing instrument was acknowledged before me this
, and
STATE OF AND COUNTY OF
_day of , 20-, by
respectively the President and Secretary of
_ corporation, on behalf of said corporation, who are personally known to me or have produced
did (did not) take an oath.
(Type ofIdentification)
, a
as identification, and who
My Commission Expires:
Notary Public, Signature
Print Name
LEGAL DESCRIPTION: (F P & L UTILITY EASEMENT)
A STRIP OF LAND BEING A PORTION OF TRACT A , DONN ACRES, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 76, PAGE 30 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, SAID
STRIP BEING DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT A, SAID POINT BEING ON THE NORTH RIGHT OF
WAY LINE OF NORTHEAST 213TH STREET; THENCE SOUTH 88~01'22" WEST, A DISTANCE OF 69.40 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 88<01'22" WEST, ALONG SAID NORTH LINE, A
DISTANCE OF 128.28 FEET; THENCE NORTH 01~58'38" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH
88001'22" EAST, A DISTANCE OF 128.28 FEET; THENCE SOUTH 01058'38" EAST, A DISTANCE OF 10.00 FEET TO
THE POINT OF BEGINNING.
SAID STRIP OF LAND LYING IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING
1,283 SQUARE FEET ( 0.029 ACRES) MORE OR LESS.
BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING AND ARE REFERENCED TO THE SOUTH
BOUNDARY OF TRACT A OF "DONN ACRES" AS RECORDED IN PLAT BOOK 76, PAGE 30 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID EAST LINE HAVING AN ASSUMED BEARING OF SOUTH
88001'22" WEST.
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE MINIMUM TECHNICAL
STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA, AS OUTLINED IN CHAPTER 61G17.6
(FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY THE DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF
OUR KNOWLEDGE AND BELIEF.
/'
CRAVEN THOMPSON & AS ATES, INC.
IZATION NUMBER LB 271
CE~~F UT
B:ttf'i ~PENCER
PROFESSIONAL SURVEYOR AND MAPPER NO 6388
STATE OF FLORIDA
Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
SHEET I of 2
CTA JOB NO. 01-0]03-053
DATE: FEBRUARY 5. 200i
N :\C1erical\lOBS\200 1\01-0] 03.05 3\LEGALS\FPL UTILITY - 1- Adoc
CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS · PLANNERS · SURVEYORS
3563 N.W. 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400
FAX: (954) 739-6409
FOR: CITY OF AVENTURA
LEGEND
(0) DEED BOOK
P.B. PLA T BOOK
PG. PAGE
P.O.B. POINT OF BEGINNING
P.O.c. POINT ON COMMENCEMENT
B.C.R. BROWARO COI./NTY RECORDS
R./lf RIGHT OF WA Y
A CEN71?AL ANGLE
R RADIUS
L ARC LENGTH
~
30 60
I I I
SCALE 1" = 60'
o
<.11
""
<.11
b
""
-a
~~
~V
~
N 01 "5.8138" W
10. 00 I
-------
---
SHEET 2 OF 2 SHEETS
UPDATES ond/or REVISIONS
DATE
BY CK'O
JOB NO.: 01-0103.53
DRAWN BY: E.O./OM
NOlE: THIS IS NOT A SKETCH OF SURVEY, but only a graphic depiction
of the description shown hereon. There has been no field work, viewing of
the subject property. or monuments set in connection with the preparation
of the information shown hereon.
SKETCH TO ACCOMPANY DESCRIPTION
F P & L EASEMENT
\
5 01 "58138" E
10. 00 I
P.O.B.
\
~':'l
~ f(; ~~':J 'V ';;.
~V ~G ~O'
t~~ <(G'
<J 1~'
~~.
~':'l
V'
~ ~ <f.~S 'V.
~V ~G ~O'
~~~ <(G'
<J 1~'
~.
~.
N 88-01 '22" E 128.281
-----
5 88.01 '22" W 128.281 89.401
NORTHEAST 213TH STREE-.!..-_--
- - - SOUTH BOUNDARY- - J
OF TRACT A
~ 5O'RlGHT-0F-WAY
(PCR PB 75.X fIG. 8. D.C-R.)
.]()' ADDITIONAl. RIGHT-OF-WAY . - - - -
(PCR ORB. 7797;], fIG. .J869, D.C-H.) _ _ _ _ - - - - - - - - - - -
---------
--------
NOlE The undersigned and CRAVEN-THOMPSON & ASSOCI AlES. INC. make no
representations or guorantees as to the information reflected hereon pertaining to
eosements. rights-of-woy, set back lines, reservotians, agreements and other
similar matters, and further, this instrument is not intended ta reflect ar set forth
all such matters. Such information shauld be obtained and confirmed by others
through appropriate title verification.
NOlE Lands shown hereon were not abstracted for right-of-way and/or
easements of record.
G: \2007 \07070J.05J\DWG\SO-ESMT-7A.DWG
CHECKED BY: BAS F.B. NA PG. NA DATED: 02/05/07
I
I
\
P.O_c.
SOUTHEAST
CORNER OF
PARCEL A
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT: Disbursement of Police Forfeiture Funds
January 8, 2008 City Commission Meeting Agenda Item s- 1=
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $25,000 for the purchase of
Personnel Management Software and to contribute to the National LEO
Memorial Museum from the Police Forfeiture Fund in accordance with the City
Manager's memorandum",
The funds are available from the recent surplus and sale of H & K carbines.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01605-07
CITY OF AVENTURA
POLICE DEPARTMENT
FROM:
NDUM
TO:
DATE:
11 December, 2007
SUBJECT:
Use of Forfeiture Funds
Florida State Statute 932.704 requires that money resulting from forfeitures be
maintained in a special law enforcement trust fund, and that the funds be
expended only upon request of the Chief of Police to the governing body of the
municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of:
National LEO Memorial Museum
Orion software (Personnel Management)
$5,000
$20,000
Total Expenditure Request:
$25,000
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
National LEO Memorial Museum - This request is being made to provide
$5,000 from our agency as a contribution to the building of a National Law
Enforcement Memorial Museum to be constructed in Washington, D.C. The
money will be held by the Miami-Dade County Association of Chiefs of Police in
an escrow account until such time as it has been determined that the Federal
funding has been approved and allocated to build this museum. If that money
does not become allocated by the Federal Government, then our money will be
refunded with a small amount of interest.
Orion Software - This request is being made to spend up to $20,000 on the
purchase of Orion software to upgrade our personnel system in regards to
tracking training records, shift schedules and overtime tracking. This system will
integrate with our current E-Notify system that has been supplied by Miami-Dade
County which issues subpoenas electronically. We are able to purchase under
Gov't contract via Miami-Dade County which currently has a contract wit Orion.
Contract number BW8015-7/16-0TR.
If approved the check should be made out to:
Miami-Dade County Association of Chiefs of Police
Re: National Law Enforcement Officer Memorial Museum
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
City Commission .. _.r:::
Eric M. Soroka, ICMA-CM, c~~ge
January 4, 2008
TO:
FROM:
SUBJECT:
Architectural Services Agreement between PGAL and the City for
Aventura Arts and Cultural Center Project
January 8,2008 City Commission Meeting Agenda Item 5- F
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Architectural Services Agreement between PGAL and the City for
Aventura Arts and Cultural Center Project.
BACKGROUND
At the January 9, 2007 Commission Meeting, the City Commission adopted Resolution
No. 2007-02 which selected the firm of PGAL Architects to perform architectural and
engineering services to plan, design and permit the Miami-Dade County Northeast
Library Branch and the City's Arts & Cultural Center project. Attached is the Architects
Services Agreement for PGAL.
As discussed at previous Workshop Meetings, the total fee for the project is $784,594.
The breakdown of the fee is outlined in Exhibit "A" and "c" attached to the Agreement.
It is anticipated that the project would be complete in approximately two (2) years. A
schedule is contained in Exhibit "B" of the Agreement. The opening would be
anticipated for December 2009.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01601-07
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND PGAL ARCHITECTS TO PERFORM
ARCHITECTURAL AND ENGINEERING SERVICES TO PLAN, DESIGN
AND PERMIT THE CITY'S ARTS & CULTURAL CENTER PROJECT;
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 A VENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement ( the" Agreement" ), in substantially the form attached hereto, between the
City of Aventura and PGAL Architects to perform architectural and engineering services
to plan, design and permit the City's Arts & Cultural Center Project.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution and the Agreement.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
being put to a vote, the vote was as follows:
, who moved
, and upon
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 8th day of January, 2008.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
Ci~ Atttj Vv>, ~
~:'AIA Document 8141'" -1997 Part 1
Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
TABLE OF ARTICLES
AGREEMENT made as of the eighth (8th) day of January
thousand & eight (2008).
(In words, indicate day, month and year)
in the year two
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.5 COMPENSATION
BETWEEN the Architect's client identified as the Owner:
(Name, address and other information)
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
City of A ventura
19200 W. Country Club Drive
Aventura, FL 33180
and the Architect:
(Name, address and other information)
PGAL
791 Park of Commerce Boulevard, Suite #400
Boca Raton, FL 33487
For the following Project:
(Include detailed description of Project)
Aventura Arts & Cultural Center
The Owner and Architect agree as follows:
Init.
AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 194B, 1951, 1953, 195B, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 19B7 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:4B:56 on 01/04/200B under Order
No.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (307202701 B)
1
ARTICLE 1.1 INITIAL INFORMATION
~ 1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the following items by inserting the requested information or a statement such as "not
applicable," "unknown at time of execution" or "to be determined later by mutual agreement. ")
~ 1.1.2 PROJECT PARAMETERS
~ 1.1.2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
Public Arts & Cultural Center
~ 1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical
reports about the site.)
At the end of 188th Street, City of Aventura. Site is approximately 24,000 square feet. Survey and geotechnical
information to be obtained by Architect as Supplemental Services.
~ 1.1.2.3 The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
Approximately 13,000 gross square foot facility including approximately 300-seat performance hall with stage and
support spaces.
~ 1.1.2.4 The legal parameters are:
(Identify pertinent legal infonnation, including, if appropriate, land surveys and legal descriptions and restrictions
of the site.)
Legal description of site to be provided by Owner.
~ 1.1.2.5 The financial parameters are as follows.
.1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is:
See Exhibit A.
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is:
See Exhibit A.
~ 1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations or fast track scheduling.)
See Exhibit B.
~ 1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
Construction Management
~ 1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation
requirements. )
Init.
AlA Document 8141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:56 on 01/04/2008 under Order
No.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (3072027018)
2
~ 1.1.3 PROJECT TEAM
~ 1.1.3.1 The Owner's Designated Representative is:
(List name, address and other information.)
Eric Soroka
City Manager
City of A ventura
19200 W. Country Club Drive
Aventura, FL 33180
~ 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review
the Architect's submittals to the Owner are:
(List name, address and other information.)
TBD
~ 1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
TBD
~ 1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
Ian A. Nestler
Principal
PGAL
791 Park of Commerce Boulevard
Suite #400
Boca Raton, FL 33487
~ 1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
Structural
Mechanical
Electrical
Plumbing
Fire Protection
Civil
Landscape
~ 1.1.4 Other important initial information is:
None.
~ 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of
the Contract for Construction shall be the edition of AlA Document A20l current as of the date of this Agreement,
or as follows:
~ 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in
determining the Architect's compensation. Both parties, however, recognize that such information may change and,
Init.
AlA Document 8141 TloI - 1997 Part 1. Copyright @ 1917, 1926, 1948. 1951, 1953, 1958, 1961, 1963. 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:56 on 01/04/2008 under Order
No.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (3072027018)
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in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and
Change in Services in accordance with Section 1.3.3.
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
~ 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this
Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project
team.
~ 1.2.2 OWNER
~ 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely
manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within
15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give
notice of or enforce lien rights.
~ 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost
of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget
allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget,
without the agreement of the Architect to a corresponding change in the Project scope and quality.
~ 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render
decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable
delay in the orderly and sequential progress of the Architect's services.
~ 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize
the Architect to furnish them as a Change in Services when such services are requested by the Architect and are
reasonably required by the scope of the Project.
~ 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required
by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water
pollution, and tests for hazardous materials.
~ 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may
be reasonably necessary at any time for the Project to meet the Owner's needs and interests.
~ 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or
defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service.
~ 1.2.3 ARCHITECT
~ 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as
enumerated in Article 1.4.
~ 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care
and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the
performance of the Architect's services which initially shall be consistent with the time periods established in
Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include
allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and
for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this
schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner.
~ 1.2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the
Architect's behalf with respect to the Project.
~ 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the
Owner, unless withholding such information would violate the law, create the risk of significant harm to the public
or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall
Init.
AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:56 on 01/04/2008 under Order
No.1000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (3072027018)
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require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically
designated as confidential by the Owner.
~ 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept
any employment, interest or contribution that would reasonably appear to compromise the Architect's professional
judgment with respect to this Project.
~ 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect
shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction
over the Project.
~ 1.2.3,7 The Architect shall be entitled to rely on the accuracy and completeness of services and information
furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes
aware of any errors, omissions or inconsistencies in such services or information.
ARTICLE 1,3 TERMS AND CONDITIONS
~ 1.3.1 COST OF THE WORK
~ 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost
to the Owner of all elements of the Project designed or specified by the Architect.
~ 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the
Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of
management or supervision of construction or installation provided by a separate construction manager or
contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for
contingencies shall be included for market conditions at the time of bidding and for changes in the Work.
~ 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants,
the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner.
~ 1.3.2 INSTRUMENTS OF SERVICE
~ 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect
and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect
and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service
and shall retain all common law, statutory and other reserved rights, including copyrights.
~ 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce
the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project,
provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under
this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent
with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this
license. Upon such termination, the Owner shall refrain from making further reproductions ofInstruments of Service
and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's
possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing
license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to
authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make
changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and
maintaining the Project.
~ 1.3.2.3 Except for the licenses granted in Section 1.3.2.2, no other license or right shall be deemed granted or
implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any
license granted herein to another party without the prior written agreement of the Architect. However, the Owner
shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment
suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution
of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet
official regulatory requirements or for similar purposes in connection with the Project is not to be construed as
publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not
use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the
Init.
AlA Document B141TM -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:56 on 01104/2008 under Order
No.1 000336345_2 which expires on 11212009, and is not for resale.
User Notes: (3072027018)
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Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of
the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's
consultants.
~ 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner
providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the
Architect shall by separate written agreement set forth the specific conditions governing the format of such
Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this
Agreement.
~ 1.3.3 CHANGE IN SERVICES
~ 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be
accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing,
if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in
Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to
providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner
shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those
services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the
Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described
in Section] .3.9.2 and Section] .5.5.
~ 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be
entitled to an appropriate adjustment in the Architect's schedule and compensation:
.1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments
of Service;
.2 enactment or revision of codes, laws or regulations or official interpretations which necessitate
changes to previously prepared Instruments of Service;
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's
schedule or budget, or procurement method;
.5 failure of performance on the part of the Owner or the Owner's consultants or contractors;
.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal
proceeding except where the Architect is party thereto;
.7 change in the information contained in Article l.l.
~ 1.3.4 MEDIA nON
~ 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party.
If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed
in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter
by mediation or by arbitration.
~ 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between
them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction
Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be
filed in writing with the other party to this Agreement and with the American Arbitration Association. The request
may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in
advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60
days from the date of filing, unless stayed for a longer period by agreement of the parties or court order.
~ 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
Init.
AlA Document B 141 ™ - 1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970. 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:56 on 01/04/2008 under Order
No.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (3072027018)
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~ 1.3.5 ARBITRATION
~ 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with
Section 1.3.4.
~ 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall
be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for
arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration
Association.
~ 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or
equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable
statute of limitations.
~ 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in
any other manner, an additional person or entity not a party to this Agreement, except by written consent containing
a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to
be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of
any claim, dispute or other matter in question not described in the written consent or with a person or entity not
named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an
additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in
accordance with applicable law in any court having jurisdiction thereof.
~ 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in
accordance with applicable law in any court having jurisdiction thereof.
~ 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising
out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential
damages due to either party's termination in accordance with Section 1.3.8.
~ 1.3.7 MISCELLANEOUS PROVISIONS
~ 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless
otherwise provided in Section 1.4.2.
~ 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA Document A201,
General Conditions of the Contract for Construction, current as of the date of this Agreement.
~ 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed
to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of
Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of
the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall
such statutes of limitations commence to run any later than the date when the Architect's services are substantially
completed.
~ 1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner and the Architect
waive all rights against each other and against the contractors, consultants, agents and employees of the other for
damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AlA
Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The
Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of
them similar waivers in favor of the other parties enumerated herein.
~ 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Owner or Architect.
Init.
AlA Document 8141 TN -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:56 on 01/04/2008 under Order
No.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (3072027018)
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~ 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous
materials or toxic substances in any form at the Project site.
~ 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the
Project among the Architect's promotional and professional materials. The Architect shall be given reasonable
access to the completed Project to make such representations. However, the Architect's materials shall not include
the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of
the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide
professional credit for the Architect in the Owner's promotional materials for the Project.
~ 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall
be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect
shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the
scope of this Agreement.
~ 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal
representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives
of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign
this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an
institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and
obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such
assignment.
~ 1.3.8 TERMINATION OR SUSPENSION
~ 1.3.8.1 Ifthe Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall
be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for
suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to
suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension
of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such
suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and
any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the
remaining services and the time schedules shall be equitably adjusted.
~ 1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be
compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect
shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The
Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
~ 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the
Architect may terminate this Agreement by giving not less than seven days' written notice.
~ 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the
other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party
initiating the termination.
~ 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the
Architect for the Owner's convenience and without cause.
~ 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services
performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as
defined in Section 1.3.8.7.
~ 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include
expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount
for the Archi tect' s anticipated profit on the value of the services not performed by the Architect.
Init.
AlA Document B141™ -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970. 1974, 1977. 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution 01 this AlA'" Document, or any portion 01 it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:56 on 01/04/2008 under Order
No.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (3072027018)
8
~ 1.3.9 PAYMENTS TO THE ARCHITECT
~ 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly
upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's
compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on
account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable.
~ 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses
incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in
the following Clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and
electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of
Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the expense of
additional insurance coverage or limits requested by the Owner in excess of that normally carried by
the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Section 1.5.5;
.8 other similar direct Project-related expenditures.
~ 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services
performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or
the Owner's authorized representative at mutually convenient times.
~ 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the
Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such
as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee
retirement plans and similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
~ 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect.
This Agreement comprises the documents listed below.
~ 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document B141-1997.
~ 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA Document B 141-1997, or
as follows:
(List other documents, if any, delineating Architect's scope of services.)
None.
~ 1.4.1.3 Other documents as follows:
(List other documents, if any, forming part of the Ag reement.)
None.
~ 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows:
None.
ARTICLE 1.5 COMPENSATION
~ 1.5.1 For the Architect's services as described under Article lA, compensation shall be computed as follows:
Init.
AlA Document B141'M -1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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9
Stipulated Sum (Fixed Fee). See Exhibit C.
~ 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall
be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in
this Section 1.5.2, in an equitable manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, ifrequired. Identify specific services to which particular
methods of compensation apply.)
~ 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of
( 1.1 ) times the amounts billed to the Architect for such services.
~ 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2, and any other items included in Section 1.5.5 as
Reimbursable Expenses, the compensation shall be computed as a multiple of (1.1) times the expenses
incurred by the Architect, and the Architect's employees and consultants.
~ 1.5.5 Other Reimbursable Expenses, if any, are as follows:
~ 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this
Agreement shall be adjusted in accordance with their normal salary review practices.
~ 1.5.7 An initial payment of zero ($ 0 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments
for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis
set forth in this Agreement.
~ 1.5.8 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts
unpaid forty-five (45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence
thereof at the legal rate prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
18% per annum
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws
and other regulations at the Owner's and Architect's principal places of business, the location of the Project and
elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions
or modifications, and also regarding requirements such as written disclosures or waivers.)
~ 1.5.9 If the services covered by this Agreement have not been completed within twenty-five (25 ) months of
the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be
compensated as provided in Section 1.5.2.
This Agreement entered into as of the day and year first written above.
OWNER
ARCHITECT
(Signature) ERIC M. SOROKA, ICMA, CITY MGR.
I ATTEST:
(Printed name and titleirERESA M. SOROKA, MMC
CITY CLERK
(Signature)
Ian A. Nestler, Principal
(Printed name and title)
CITY ATIORNEY
Init.
AlA Document 8141 ™ - 1997 Part 1. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:48:56 on 01/04/2008 under Order
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User Notes: (3072027018)
10
EXHIBIT A
Aventura Arts & Cultural Center
I
I
Source of Funds I Total
I
GOB
Land Sale
Fund
Fund
350,000
1,000,000
220,000
: I
Program Budget I Size Unit Cost I Total
, I'
Construction
LandscapingjSignage
FFEjVoice Data
in Public Places
Fees
Basic Services
Supplemental Services
Expenses
Subtotal
13,000
$350
$4,550,000
166,000
401,956
68,250
Budget
EXHIBIT C
Aventura Arts & Cultural Center
Fee Distribution
Pre-Design
Phase Task % Gross Fee
Basic Services
1 Program Validation 40.0% $ 10,000
2 Site Analysis 10.0% $ 2,500
3 Prelim Concept Options 30.0% $ 7,500
4 Final Concept 20.0% $ 5,000
Total Pre-Design 100% $ 25,000
Basic Services
Phase Task % Gross Fee
Basic Services
1 Schematic Design 15.0% $ 68,264
2 Design Development 20.0% $ 91,019
3 Construction Documents 35.0% $ 159,283
4 Permits, Bid (GMP) & Award 5.0% $ 22,755
5 Construction Administration 25.0% $ 113,774
Total Basic 100% $ 455,094
Optional/Supplemental Services
Task Gross Fee
Voice/Data Design Conduit only $ -
Security Design Conduit only $ -
Emergency Generator TBD $ -
Theater Design $ 100,000
Specialty Lighting $ 17,000
Cost Estimating (2 estimates) $ 30,000
Acoustics $ 33,000
Signage & Graphics TBD $ -
Survey (allow) $ 18,000
Geotechnical Eng (allow) $ 14,500
Environmental TBD $ -
Furniture & Equipment TBD $ -
Value Engineering Analysis TBD $ -
Threshold Inspections (allow) $ 62,000
Seawall Improvements TBD
Structural Piling TBD
Parking Analysis TBD $ -
Traffic Impact Study TBD $ -
Marketing Materials TBD $ -
Record (as-built) Drawinas TBD $ -
Total Supplemental $ 274,500
IExpenses
1$
30,000 I
ITOTAL
$
784,594 l
~=;AIA Document 8141" -1997 Part 2
Standard Form of Architect's Services:
Design and Contract Administration
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
2.6 CONTRACT ADMINISTRATION SERVICES
2.7 FACILITY OPERATION SERVICES
2.8 SCHEDULE OF SERVICES
2.9 MODIFICATIONS
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
~ 2.1.1 The Architect shall manage the Architect's services and administer the Project.
The Architect shall consult with the Owner, research applicable design criteria, attend
Project meetings, communicate with members of the Project team and issue progress
reports. The Architect shall coordinate the services provided by the Architect and the
Architect's consultants with those services provided by the Owner and the Owner's
consultants.
~ 2.1.2 When Project requirements have been sufficiently identified, the Architect shall
prepare, and periodically update, a Project schedule that shall identify milestone dates for
decisions required of the Owner, design services furnished by the Architect, completion
of documentation provided by the Architect, commencement of construction and
Substantial Completion of the Work.
~ 2.1.3 The Architect shall consider the value of alternative materials, building systems
and equipment, together with other considerations based on program, budget and
aesthetics in developing the design for the Project.
~ 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the
design of the Project to representatives of the Owner.
~ 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate
to the design process for purposes of evaluation and approval by the Owner. The
Architect shall be entitled to rely on approvals received from the Owner in the further
development of the design.
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion. The author may also
have revised the text of the original
AlA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to
the standard form text is available
from the author and should be
reviewed. A vertical line in the left
margin of this document indicates
where the author has added
necessary information and where
the author has added to or deleted
from the original AlA text.
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification.
Init.
1
AlA Document 8141"" -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951. 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:56:17 on 01/04/2008 under Order
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~ 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents
required for the approval of governmental authorities having jurisdiction over the Project.
~ 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
~ 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shal1 prepare a preliminary
estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual
estimating techniques. As the design process progresses through the end of the preparation of the Construction
Documents, the Architect shal1 update and refine the preliminary estimate of the Cost of the Work. The Architect
shal1 advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in
Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work
exceeds the Owner's budget, the Architect shal1 make appropriate recommendations to the Owner to adjust the
Project's size, quality or budget, and the Owner shal1 cooperate with the Architect in making such adjustments.
~ 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and
updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design
professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the
Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid
prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does
not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from
any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect.
~ 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shal1 be permitted to include contingencies for
design, bidding and price escalation; to determine what materials, equipment, component systems and types of
construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the
Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of
the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after
execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be
exceeded, that budget shal1 be increased accordingly.
~ 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction
Documents to the Owner, the budget for the Cost of the Work shal1 be adjusted to reflect changes in the general
level of prices in the construction industry.
~ 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the
Owner shal1:
.1
.2
.3
.4
give written approval of an increase in the budget for the Cost of the Work;
authorize rebidding or renegotiating of the Project within a reasonable time;
terminate in accordance with Section 1.3.8.5; or
cooperate in revising the Project scope and quality as required to reduce the Cost of the Work.
~ 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation,
shal1 modify the documents for which the Architect is responsible under this Agreement as necessary to comply with
the budget for the Cost of the Work. The modification of such documents shal1 be the limit of the Architect's
responsibility under this Section 2.1.7. The Architect shal1 be entitled to compensation in accordance with this
Agreement for al1 services performed whether or not construction is commenced.
ARTICLE 2.2 SUPPORTING SERVICES
~ 2.2.1 Unless specifical1Y designated in Section 2.8.3, the services in this Article 2.2 shal1 be provided by the Owner
or the Owner's consultants and contractors.
~ 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria,
including space requirements and relationships, special equipment, systems and site requirements.
~ 2.2.1.2 The Owner shal1 furnish a written legal description of the site. .
Init.
AlA Document B141TM -1997 Part 2. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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2
(Paragraphs deleted)
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
~ 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this
Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in
terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements
of the Project and shall notify the Owner of any other information or consultant services that may be reasonably
needed for the Project.
~ 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the
information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost
of the Work.
~ 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall
notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time
requirements, and the scope of the Project.
ARTICLE 2.4 DESIGN SERVICES
~ 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering
services, civil engineering and landscape architecture.
~ 2.4.2 SCHEMATIC DESIGN DOCUMENTS
~ 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program,
schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project
illustrating the scale and relationship of the Project components. The Schematic Design Documents shall include a
conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's
option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or
combinations of these media. Preliminary selections of major building systems and construction materials shall be
noted on the drawings or described in writing.
~ 2.4.3 DESIGN DEVELOPMENT DOCUMENTS
~ 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design
Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and
describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance
of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The
Design Development Documents shall include specifications that identify major materials and systems and establish
in general their quality levels.
~ 2.4.4 CONSTRUCTION DOCUMENTS
~ 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development
Documents and updated budget for the Cost of the Work. The Construction Documents shall set forth in detail the
requirements for construction of the Project. The Construction Documents shall include Drawings and
Specifications that establish in detail the quality levels of materials and systems required for the Project.
~ 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the
development and preparation of: (1) bidding and procurement information which describes the time, place and
conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor;
and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The
Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
~ 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall
assist the Owner in awarding and preparing contracts for construction.
~ 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors.
Init.
AlA Document B141™ -1997 Part 2. Copyright @ 1917,1926,1948,1951,1953,1958,1961,1963,1966, 1967, 1970, 1974,1977,1987 and 1997 byThe
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
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~ 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the
successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or
contractors of the bid or proposal results.
~ 2.5.4 COMPETITIVE BIDDING
~ 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and
Supplementary Conditions, Specifications and Drawings.
~ 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents
for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse
the Architect for such expenses.
~ 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and
request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and
retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders.
~ 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall
prepare and distribute addenda identifying approved substitutions to all prospective bidders.
~ 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid
conference for prospective bidders.
~ 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and
interpretations of the Bidding Documents to all prospective bidders in the form of addenda.
~ 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the
bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner.
~ 2.5.5 NEGOTIATED PROPOSALS
~ 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions
and Supplementary Conditions, Specifications and Drawings.
~ 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal
Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or
shall reimburse the Architect for such expenses.
~ 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with
prospective contractors.
~ 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall
prepare and distribute addenda identifying approved substitutions to all prospective contractors.
~ 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective
contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the
Owner.
ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES
~ 2.6.1 GENERAL ADMINISTRATION
~ 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set
forth below and in the edition of AlA Document A20 I, General Conditions of the Contract for Construction, current
as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the
Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this
Agreement or approved in writing by the Architect.
~ 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement
commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the
final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with
Init.
AlA Document 8141 TM -1997 Part 2. Copyright @ 1917. 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966. 1967, 1970, 1974. 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:56:17 on 01/04/2008 under Order
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Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the
Work.
~ 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision
of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the
extent provided in this Agreement unless otherwise modified by written amendment.
~ 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be
restricted, modified or extended without written agreement of the Owner and Architect with consent of the
Contractor, which consent will not be unreasonably withheld.
~ 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information
about the Contract Documents. A properly prepared request for additional information about the Contract
Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement
that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification
requested.
~ 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and
distribute supplemental Drawings and Specifications in response to requests for information by the Contractor.
~ 2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor
under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The
Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with
reasonable promptness.
~ 2.6.1.8 Interpretations and decision,s of the Architect shall be consistent with the intent of and reasonably inferable
from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations
and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor,
shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in
good faith.
~ 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the
Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters
relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents.
~ 2.6.2 EVALUATIONS OF THE WORK
~ 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the
Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become
generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work
completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in
general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in
accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control
over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or
for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and
responsibilities under the Contract Documents.
~ 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most
recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the
Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The
Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or
charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or of any other persons or entities performing portions of the Work.
~ 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress.
Init.
AlA Document B141"'" -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribulion of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software aI15:56:17 on 01/04/2008 under Order
No.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: {2342006627}
5
~ 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially
authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters
arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall
be through the Architect.
~ 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents.
Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or
testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities
performing portions of the Work.
~ 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
~ 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for
Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner,
based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the
Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the
Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to
correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications
expressed by the Architect.
~ 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to
payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of
the Contract Sum.
~ 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment.
~ 2.6.4 SUBMITTALS
~ 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals
such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance
with information given and the design concept expressed in the Contract Documents. The Architect's action shall be
taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor
or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate
review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of
other details such as dimensions and quantities, or for substantiating instructions for installation or performance of
equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract
Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise
specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The
Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.
~ 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in
accordance with the requirements of the Contract Documents.
~ 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or
equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify
appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals
related to the Work designed or certified by the design professional retained by the Contractor shall bear such
professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the
adequacy, accuracy and completeness of the services, certifications or approvals performed by such design
professionals.
Init.
AlA Document 8141 TM -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA"' Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA"' Document, or any portion of it, may resull in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:56:17 on 01/04/2008 under Order
No.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (2342006627)
6
~ 2.6.5 CHANGES IN THE WORK
~ 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval
and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work
not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the
intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and
Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2.
~ 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the
Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the
Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a
reasonable determination without extensive investigation or preparation of additional drawings or specifications. If
the Architect determines that requested changes in the Work are not materially different from the requirements of
the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the
Owner that the requested change be denied.
~ 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change
to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a
recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization,
and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and
time that might result from such change, including any additional costs attributable to a Change in Services of the
Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other
appropriate documentation for the Owner's execution or negotiation with the Contractor.
~ 2.6.5.4 The Architect shall maintain records relative to changes in the Work.
~ 2.6.6 PROJECT COMPLETION
~ 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the
date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and
records, written warranties and related documents required by the Contract Documents and assembled by the
Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work
complies with the requirements of the Contract Documents.
~ 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check
conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and
completeness of the list submitted by the Contractor of Work to be completed or corrected.
~ 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the
balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final
completion or correction of the Work.
~ 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties,
if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts,
releases and waivers of liens or bonds indemnifying the Owner against liens.
ARTICLE 2.7 FACILITY OPERATION SERVICES
~ 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after
Substantial Completion to review the need for facility operation services.
~ 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion,
the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the
facility operations and performance and to make appropriate recommendations to the Owner.
ARTICLE 2.8 SCHEDULE OF SERVICES
~ 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect
as a Change in Services in accordance with Section 1.3.3:
.1 up to two (2 ) reviews of each Shop Drawing, Product Data item, sample and similar
submittal of the Contractor.
Init.
AlA Document B14FM -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted 10 the maximum extent possible under the law. This document was produced by AlA software at 15:56:17 on 01/04/2008 under Order
NO.1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (2342006627)
7
.2 up to fifty-four (54 ) visits to the site by the Architect over the duration of the Project during
construction.
.3 up to one (1 ) inspections for any portion of the Work to determine whether such portion of the
Work is substantially complete in accordance with the requirements of the Contract Documents.
.4 up to one (1 ) inspections for any portion of the Work to determine final completion.
~ 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change
in Services in accordance with Section 1.3.3:
.1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the
Architect;
.2 responses to the Contractor's requests for information where such information is available to the
Contractor from a careful study and comparison of the Contract Documents, field conditions, other
Owner-provided information, Contractor-prepared coordination drawings, or prior Project
correspondence or documentation;
.3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the
preparation or revision of Instruments of Service;
.4 providing consultation concerning replacement of Work resulting from fire or other cause during
construction;
.5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or
others in connection with the Work;
.6 evaluation of substitutions proposed by the Owner's consultants or contractors and making
subsequent revisions to Instruments of Service resulting therefrom;
.7 preparation of design and documentation for alternate bid or proposal requests proposed by the
Owner; or
.8 Contract Administration Services provided 60 days after the date of Substantial Completion of the
Work.
~ 2.8.3 The Architect shall furnish or provide the following services only if specifically designated:
Services Responsibility location of Service Description
(Architect, Owner or
Not Provided)
.1 Proorammino Architect Validation onlv
.2 land Survev Services Architect Suoolemental service
.3 Geotechnical Services Arch itect Suoolemental service
.4 Soace Schematics/Flow Diaorams Architect
.5 Existino Facilities Survevs Not Provided
.6 Economic Feasibilitv Studies Owner
.7 Site Analvsis and Selection Architect
.8 Environmental Studies and Reports Owner
.9 Owner-Suoolied Data Coordination Not Provided
.10 Schedule Develooment and MonitorinQ Architect DesiQn phases only
.11 Civil Desian Architect
.12 Landscaoe Desion Architect
.13 Interior Desion Architect Excludes moveable FF&E
.14 Soecial Biddino or Neootiation Not Provided
.15 Value Analvsis Not Provided
.16 Detailed Cost Estimatino Architect Supplemental Service
.17 On-Site Proiect Reoresentation Not Provided
.18 Construction Manaoement Owner
.19 Start-up Assistance Not Provided
.20 Record Drawinas Not Provided
.21 Post-Contract Evaluation Not Provided
.22 Tenant-Related Services Not Provided
AlA Document 8141 TM -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA'" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution of this AlA'" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 15:56:17 on 01/04/2008 under Order
No,1 000336345_2 which expires on 1/2/2009, and is not for resale.
User Notes: (2342006627)
8
Init.
Responsibility
(Architect, Owner or
Not Provided
Arch itect
Arch itect
Architect
Location of Service Description
Services
.23
.24 n
.25
Su lemental services
Su Ie men tal services
Supplemental services
.26 Threshold Inspection
Architect
Supplemental services
Description of Services.
(Insert descriptions of the services designated.)
ARTICLE 2.9 MODIFICATIONS
~ 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are
as follows:
By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications
hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AlA Document
B 141-1997, that was entered into by the parties as of the date:
OWNER
ARCHITECT
(Signature)
I ERIC M. SOROKA, ICMA-CK, CITY MANAGER
(Printed name and title)
ATTEST:
(Signature)
Ian A. Nestler, Principal
(Printed name and title)
TERESA M. SOROKA, MMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
Init.
AlA Document 8141TM -1997 Part 2. Copyright @ 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The
American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright law and International Treaties.
Unauthorized reproduction or distribution of this AlA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be
prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 11 :19:17 on 11/01/2007 under Order
No.1 000277631_8 which expires on 1/4/2008, and is not forresale.
User Notes: (670626030)
9
SUPPLEMENTARY CONDITIONS
The following Supplementary Conditions modify the "Standard Form of
Agreement Between Owner and Architect," AlA Document B141-1997, by and between
CITY OF A VENTURA, a Florida municipal corporation ("Owner"), and PGAL
("Architect"), dated _, 2008. Where a portion of the B141-1997 is
modified or deleted the unaltered portions of the B 141-1997 shall remain in effect. The
following modifications will take precedence over any provision in the B 141-1997, and
together these documents will be the Agreement for the services.
~ 1.2.3 - ARCHITECT
1. Add "and to the same level of quality" after "expeditiously" in Section 1.2.3.2.
~1.3.2 INSTRUMENTS OF SERVICE
Delete Sections 1.3.2.1 - 1.3.2.4 and replace with the following.
"1.3.2.1 The Owner and Architect agree that the Architect's preparation of all
drawings, designs, specifications, notes and other elements of the Agreement
Documents and other services rendered in the performance of this Agreement is a
service work done for hire and that the ownership of such documents vests in the
Owner. The Owner agrees to and does hereby grant and transfer to the Architect
an exclusive, royalty-free license to all such data and documents which the Owner
may obtain by copyright and of all designs and specifications as to which the
Owner may assert any rights or establish any claim under prevailing patent or
copyright laws. In the case of future reuse of any of the documents by the Owner,
the Architect's and registrant-consultant's name and seal shall be removed from
the reused document(s) and the Architect and its registrant-consultants shall not
be liable to the Owner or to third parties for their reuse. To the extent permitted
by law, the Owner agrees to indemnify, hold harmless, and defend the Architect
for the sole purpose of protecting the Architect and its registrant-consultants from
harm resulting from any such reuse.
1.3.2.2 If the Agreement is terminated by the Owner or Architect, all drawings,
specifications, and other documents, including those in electronic form, relating to
the design or observation of Work shall be surrendered forthwith by the Architect
to the Owner."
~1.3.4 - DISPUTE RESOLUTION
Delete Sections 1.3.4- 1.3.5 and all sub-sections and replace with the following.
"1.3.4.1. CHOICE OF LAW -This Agreement shall be governed by the laws of
the State of Florida.
1
1.3.4.2 CHOICE OF VENUE - Any suit or action arising under this Agreement
shall be proper exclusively in Miami-Dade, County, Florida.
1.3.4.3 NOTICE OF CLAIM - Architect is required to notify Owner of any claim
filed against Architect or Architect's insurance company arising from services
performed under this Agreement within thirty (30) days of such filing."
S1.3.7 - MISCELLANEOUS PROVISIONS
1. Delete Section 1.3.7.1.
2. Add the following Sections after 1.3.7.9.
"1.3.7.10 INSURANCE Architect shall obtain insurance of the types and in the
amounts listed below.
1.3.7.10.1 Commercial General and Umbrella Liability Insurance. Architect shall
maintain commercial general liability (CGL) and, if necessary, commercial
umbrella insurance with a limit of not less that $1,000,000 each occurrence. CGL
insurance shall be written on Insurance Services Office (ISO) occurrence form, or
a substitute form providing equivalent coverage, and shall cover liability arising
from premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). Owner shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent coverage, and
under the commercial umbrella, if any. This insurance shall apply as primary
insurance with respect to any other insurance or self-insurance afforded to Owner.
There shall be no endorsement or modification of the CGL limiting the scope of
coverage for liability arising from explosion, collapse, or underground property
damage.
1.3.7.10.2 Professional Liability Insurance. Architect shall maintain professional
liability and, if necessary, commercial umbrella liability insurance with a limit of
not less than $1,000,000 each wrongful act arising out of the performance or
failure to perform professional services.
1.3.7.10.3 Business Auto and Umbrella Liability Insurance. Architect shall
maintain business auto liability and, if necessary, commercial umbrella liability
insurance with a limit of not less than $1,000,000 each accident. Such insurance
shall cover liability arising out of any auto including owned, hired and non-owned
autos. Business auto insurance shall be written on Insurance Services Office (ISO)
form, or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
2
1.3.7.10.4 Workers Compensation Insurance. Architect shall maintain workers
compensation as required by statute and employers liability insurance. The
commercial umbrella and/or employers liability limits shall not be less than
$1,000,000 each accident for bodily injury by accident or $1,000,000 each
employee for bodily injury by disease. If Owner has not been included as an
additional insured under the CGL using ISO additional insured endorsement
under the Commercial General and Umbrella Liability Insurance required in this
Contract, the Architect waives all rights against Owner and its officers, officials,
employees, volunteers and agents for recovery of damages arising out of or
incident to the Architect's work.
1.3.7.1 0.5 General Insurance Provisions.
.1 Evidence of Insurance. Prior to beginning work, Architect shall furnish
Owner with a certificate(s) of insurance and applicable policy endorsement(s),
executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements set forth above. All certificates shall provide for
30 days' written notice to Owner prior to the cancellation or material change of
any insurance referred to therein. Written notice to Owner shall be by certified
mail, return receipt requested. Failure of Owner to demand such certificate,
endorsement or other evidence of full compliance with these insurance
requirements or failure of Owner to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Architect's obligation to maintain
such insurance. Owner shall have the right, but not the obligation, of prohibiting
Architect from entering the project site until such certificates or other evidence
that insurance has been placed in complete compliance with these requirements is
received and approved by Owner. Failure to maintain the required insurance may
result in termination of this Contract at Owner's option.
.2 Acceptability of Insurers. For insurance companies which obtain a
rating from A.M. Best, that rating should be no less than A VII using the most
recent edition of the A.M. Best's Key Rating Guide. If the Best's rating is less
than A VII or a Best's rating is not obtained, the Owner has the right to reject
insurance written by an insurer it deems unacceptable.
.3. Cross-Liability Coverage. If Architect's liability policies do not contain
the standard ISO separation of insured's provision, or a substantially similar
clause, they shall be endorsed to provide cross-liability coverage.
.4. Deductibles and Self-Insured Retentions. At the option of the Owner,
the Architect may be asked to eliminate such deductibles or self-insured
retentions as respects the Owner, its officers, officials, employees, volunteers and
agents or required to procure a bond guaranteeing payment of losses and other
related costs including but not limited to investigations, claim administration and
defense expenses. Any cost incurred by Architect in eliminating deductible or
3
procuring a bond shall be at Owner's expense and shall be reimbursed to
Architect within 30 days of receipt of invoice therefore.
.5. Subcontractors. Architect shall cause each subcontractor employed by
Architect to purchase and maintain insurance of the type specified above. When
requested by the Owner, Architect shall furnish copies of certificates of insurance
evidencing coverage for each subcontractor.
1.3.7.11 INDEMNIFICATION - Pursuant to Section 725.08, Florida Statutes,
Architect shall indemnify and hold harmless the Owner and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited
to, reasonable attorneys' fees, to the extent such liabilities, damages, losses, and
costs are caused by the negligence, recklessness, or intentionally wrongful
conduct of the Architect or any persons employed or utilized by the Architect in
the performance of this Agreement.
1.3.7.12 INDEPENDENT CONTRACTOR - Architect agrees that all services
and work per-formed under this Agreement are being performed by Architect as
an independent contractor and not as an employee or agent of Owner. This
Agreement is not intended to constitute, create, give rise to or otherwise recognize
a joint venture agreement or relationship, partnership or formal business
organization of any kind or create an employer/employee relationship between
Owner and Architect, Architect's employees, subcontractors, subcontractors'
employees or any person supplied by Architect in the performance of Architect's
obligations under this Agreement and does not entitle said persons to rights or
benefits from Owner normally associated with an employment relationship, such
as, but not limited to, civil service, retirement, personnel rules which accrue to
such persons, health insurance, motor vehicle insurance, life insurance, workers'
compensation, sick leave or any other fringe benefits. Architect and
subcontractors shall have total responsibility for all salaries, wages, bonuses,
retirement, withholdings, worker's compensation, occupational disease
compensation, unemployment compensation, other employee benefits and all
taxes and premiums appurtenant thereto concerning such persons and shall
indemnify, hold harmless and defend Owner with respect thereto, including
payment of reasonable attorney's fees and costs in the defense of any claim made
under the Fair Labor Standards Act or any other federal or state laws. Such
indemnity shall be required by Architect from its subcontractors, if any, on behalf
of Owner.
1.3.7.13 RETENTION OF RECORDS - Architect and any subcontractor shall
keep and maintain accurate books of record and account, in accordance with
sound accounting principles, of all expenditures made and all costs, liabilities and
obligations incurred under this Agreement, and all papers, files, accounts, reports,
cost proposals with backup data and all other material relating to work under this
Agreement and shall make all such materials available at the office of the Owner
at any reasonable time during the term of this Agreement and for the length of
4
time established by law or five (5) years, whichever is longer from the date of
final payment to Architect or termination of this Agreement for audit, inspection
and copying upon Owner's request.
1.3.7.14 SUBCONTRACTS - Architect agrees to insert in all subcontracts the
paragraphs herein entitled "INSURANCE," "RETENTION OF RECORDS," and
"INDEMNIFICATION. "
1.3.7.15 GENERAL COMPLIANCE WITH LAWS - Architect is required to
comply with applicable federal and state laws and local ordinances and
regulations.
1.3.7.16 HEADINGS - The headings for each paragraph of this Agreement are for
convenience and reference purposes only and in no way define, limit or describe
the scope or intent of said paragraphs or of this Agreement nor in any way affect
this Agreement.
1.3.7.17 FORCE MAJEURE - In the event the Architect is hindered, delayed or
prevented from performing its obligations under this Agreement as a result of any
fire, flood, landslide, tornado, other act of God, malicious mischief, theft, strike,
lockout, other labor problems, shortages of material or labor, or any other cause
beyond the reasonable control and forecast of the Architect, the time for
completion of the Architect's work shall be extended by the period of resulting
delay.
1.3.7.18 MIAMI-DADE COUNTY APPROVAL - Architect recognizes that the
parties anticipate that Miami-Dade County, Florida will be providing funding for
the A ventura Arts and Cultural Center. Architect hereby agrees that this
Agreement shall be subject to any mandatory clauses which Miami-Dade County
requires the Owner to insert into this Agreement, if any, as a condition of the
City's eligibility to receive County GOB funding for the project. Upon written
notice from Owner, any mandatory clauses shall be deemed to be incorporated
into the Agreement."
S1.3.9 - PAYMENTS TO THE ARCHITECT
1. Add the following Sections after 1.3.9.4.
"1.3.9.5 FINAL PAYMENT ACCEPTANCE - The acceptance by Architect, its
successors or assigns of any payment made as final payment on a project under
this Agreement or of any final payment due on termination of this Agreement,
shall constitute a full and complete release of Owner from any and all claims,
demands and causes of action whatsoever which Architect, its successors or
assigns have or may have against Owner under the provisions of this Agreement."
Agreed to this _ day of
,2008.
5
OWNER:
CITY OF A VENTURA,
a Florida municipal corporation
By:
Eric M. Soroka, City Manager
ATTEST:
Teresa M. Soroka, MMC, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of A ventura only:
By:
David M. Wolpin, Esq., City Attorney
ARCHITECT:
PGAL
By:
Name:
Title:
6
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City:
TO: City Commission
DATE: December 14,2007
SUBJECT: Resolution Authorizing Execution of Agreement With County for
GOB Project No. 57, Aventura Performing Arts Center a.k.a. Arts and
Cultural Center (ACC)
January 8, 2008 City Commission Meeting Agenda Item ~4
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Agreement with Miami-Dade County for GOB Project No. 57 - Aventura Performing
Arts Center. The execution of the Agreement provides funding to the City from the
GOB Program in the amount of $4,714,000.
BACKGROUND
In accordance with the Miami-Dade County GOB Program passed by the voters in
2004, funds were included for the City of Aventura in the amount of $4,714,000. The
funds were originally earmarked for the purchase of land or construction of public
facilities. This was amended in 2007 to provide for funding of a Performing Arts Center.
The attached Agreement is the standard County GOB Agreement that all agencies
funded by GOB Program must execute. It was reviewed at the October 2007
Workshop Meeting. Once it has been executed by the County in January, the City will
be eligible for to be reimbursed for costs associated with the project.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
ceo 1606-07
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA
AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT
AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR GOB
PROJECT NUMBER 57 AVENTURA PERFORMING ARTS CENTER; COMMITTING THE
CITY OF AVENTURA TO COMPLETE THE PERFORMING ARTS CENTER PROJECT
OUTLINED IN EXHIBIT I OF THE AGREEMENT; AUTHORIZING THE CITY MANAGER TO
CONTRACT WITH THIRD PARTY CONTRACTORS TO COMPLETE THE PROJECT IN
ACCORDANCE WITH CITY'S PURCHASING PROCEDURES; COMMITTING THE CITY OF
AVENTURA TO PROVIDE OPERATING, MAINTENANCE AND PROGRAMMING FUNDS
UPON THE COMPLETION OF THE PERFORMING ARTS CENTER DETAILED IN EXHIBIT I
OF THE AGREEMENT TO THE EXTENT ALLOWED BY LAW; 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 authorized to execute and otherwise enter into that
certain Agreement attached hereto between the City of Aventura and Miami-Dade County for
GOB Project Number 57 Aventura Performing Arts Center.
Section 2. The City Commission commits to completion of the Performing Arts
Center Project outlined in Exhibit I of the Agreement.
Section 3. The City Manager is authorized to contract with third party contractors to
complete the project in accordance with City's purchasing procedures.
Section 4. The City Commission commits to provide operating, maintenance and
programming funds upon the completion of the Performing Arts Center detailed in Exhibit I of
Agreement to the extent allowed by law.
Section 5. The City Manager is authorized to do all things necessary to carry out the
aims of this Resolution.
Section 6. 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 lev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 8th day of January, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICI~CY:
CITYATT~hn ~
AGREEMENT
BETWEEN
THE CITY OF A VENTURA FLORIDA
AND
MIAMI-DADE COUNTY
GOB Project Number 57-70516/Performing Arts Facility
THIS AGREEMENT (the "Agreement") by and between Miami-Dade County, a political
subdivision of the State of Florida (the "County"), through its governing body, the Board
of County Commissioners of Miami-Dade County, Florida (the "Board") and the City of
Aventura, Florida, a municipal corporation organized under the laws of the State of
Florida, through its governing body, the Mayor and Commissioners of the City of
Aventura, Florida (the "Municipality") is entered into this day of
,2007.
WITNESSETH
WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-
913-04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing
the issuance of $2.926 billion in general obligation bonds for capital projects and on
November 2, 2004, a majority of those voting approved the bond program (the "BBC
GOB Program"); and
WHEREAS, the aforementioned Resolutions include specific countywide
projects, neighborhood projects for the Unincorporated Municipal Service Area and
municipalities and associated allocations for activities such as but not limited to
development, improvement, rehabilitation, restoration or acquisition of real property; and
WHEREAS, GOB Project Number 57-70516/Performing Arts Facility, (the
"Project") is eligible for funding from the BBC GOB Program in a total amount not to
exceed $4,714,000 (the "Funding Allocation"); and
WHEREAS, the Municipality is undertaking completion of a performing arts
facility that will house approximately 300 seats and provide a variety of performing arts
and cultural programming for all age groups which was specifically approved as part of
the BBC GOB Program or is eligible for funding from one of the programs to be funded
under the BBC GOB Program; and
WHEREAS, the Performing Arts Facility is estimated to cost $6,264,000 (the
"Total Project Cost") and will be funded from the sources listed in Exhibit 1; and
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WHEREAS, pursuant to the terms of this Agreement the County has agreed to
allocate $4,714,000 from the Series A Bonds for the Project (the "Funding Cycle
Allocation"); and
WHEREAS, the Commissioners of both the County and the Municipality have
authorized, by resolution, their respective managers to enter into this Agreement for
each Funding Cycle Allocation describing their respective roles in the funding for the
Project costs with respect to such Funding Cycle Allocation,
NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically
authorizes the County Manager to execute such agreements, sub-agreements and
other required contracts and documents, to expend Building Better Communities bond
funds received for the purpose described in the funding request, and in consideration of
the mutual promises and covenants contained herein and the mutual benefits to be
derived from this Agreement, the parties hereto agree as follows:
Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles
and obligations regarding the funding being provided with respect to the Project.
Section 2. Funding Responsibilities:
b.
Project Funding Plan: A Project funding plan identifying the
Funding Allocation to be funded by the County solely from BBC
GOB Program proceeds and the costs to be funded by the
Municipality through a local funding plan or written project funding
commitments from third parties is attached as Exhibit 1. Included
shall be a projected timetable for each Funding Cycle Allocation
and the amount funded to date, if any.
Representations of the Municipality: The Municipality covenants
and warrants that it has, in combination with the Funding Allocation,
the amount of funding necessary for the completion of the Project.
The additional sources of funding are listed in Exhibit 1.
Responsibilities of the County: The County agrees to provide
solely from BBC GOB Program proceeds for the Funding Cycle
Allocation in an amount equal to $4,714,000. This amount
represents a portion of the amount necessary to complete the
Project. This sum shall be provided in accordance with the
reimbursement procedures contained in the County's GOB
Administrative Rules attached as Attachment 1. In the event that
the Project Milestones, as defined and set forth in Exhibit 1 of this
Agreement are not within 10% of completion, the dollars to be
funded for subsequent Milestones may be delayed for one calendar
year in accordance with the Administrative Rules, see Section 18 of
this Agreement.
a.
c.
Section 3. Effective Date and Term: This Agreement shall take effect upon
execution and shall terminate upon the completion of the Project, including the
completion of all final closeout documentation.
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Section 4. Compliance with Codes and Laws: Each party agrees to abide by
all Applicable Laws necessary for the development and completion of the Project.
"Applicable Law" means any applicable law (including, without limitation, any
environmental law), enactment, statute, code, ordinance, administrative order,
charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ,
injunction, franchise, permit, certificate, license, authorization, or other direction
or requirement of any governmental authority, political subdivision, or any
division or department thereof, now existing or hereinafter enacted, adopted,
promulgated, entered, or issued. Notwithstanding the foregoing, "Applicable
Laws" and "Applicable Laws" shall expressly include, without limitation, all
applicable zoning, land use, DRI and Florida Building Code requirements and
regulations, all applicable impact fee requirements, all requirements of Florida
Statutes, specifically including, but not limited to, Section 255.05 related to
payment and performance bonds, Section 255.20 related to contractor selection
and Section 287.055 related to competitive selection of architects and engineers,
all requirements of Chapters 119 and 286 of the Florida Statutes, Section 2-
11.15 of the Code (Art in Public Places), and all other applicable requirements
contained in this Agreement and Attachment 1, which exhibit is hereby
incorporated in this Agreement by this reference.
Section 5. Contractual obligation to comply with certain County
requirements:
All records of the Municipality and its contractors pertaining to the Project shall
be maintained in Miami-Dade County and, upon reasonable notice shall be made
available to representatives of the County. In addition, the Office of Inspector
General of Miami-Dade County shall have access thereto for any of the purposes
provided in Sec. 2-1076 of the Code of Miami-Dade County.
The Municipality shall cause each contract to include a provision that contractor
shall comply with all requirements of Section 2-1076, and that contractor will
maintain all files, records, accounts of expenditures for contractor's portion of the
Work and that such records shall maintained within Miami-Dade County and
County shall have access thereto as provided in this Agreement.
The Municipality shall comply with the requirements of Florida Statutes related to
retainage of funds due a contractor and shall include appropriate language in its
construction contracts and shall require the contractor to include such language
in its subcontracts.
All applicable County Rules, Regulations, Ordinances, Resolutions,
Administrative Orders, and the County Charter referenced in this
agreement are posted on the County's website: "miamidade.gov".
Section 6. Access and Audits: The Municipality shall maintain adequate
records to justify all charges, expenses, and costs incurred which represent the
funded portion of the Project for at least three (3) years after completion of the
Project. The County shall have access to all books, records, and documents as
required in this section for the purpose of inspection or auditing during normal
business hours.
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Pursuant to Section 2-1076 of the Miami-Dade County Code the County shall
have the right to engage the services of an independent private-sector inspector
general ("IPSIG") to monitor and investigate compliance with the terms of this
Agreement. The Office of the MIAMI-DADE COUNTY INSPECTOR GENERAL
(IG) shall have the authority and power to review past, present and proposed
County programs, accounts, records, contracts and transactions, and contracts
such as this Agreement for improvements some cost of which is funded with
County funds.
As such, the IG may, on a random basis, perform audits on this Agreement
throughout the duration of said Agreement (hereinafter "random audits"). This
random audit is separate and distinct from any other audit by the County.
The IG shall have the power to retain and coordinate the services of an
Independent Private Sector Inspector General (IPSIG) who may be engaged
to perform said random audits, as well as audit, investigate, monitor, oversee,
inspect, and review the operations, activities and performance and procurement
process including, but not limited to, project design, establishment of bid
specifications, bid submittals, activities of the Municipality and contractor and
their respective officers, agents and employees, lobbyists, subcontractors,
materialmen, staff and elected officials in order to ensure compliance with
contract specifications and detect corruption and fraud. The IG shall have the
power to subpoena witnesses, administer oaths and require the production of
records. Upon ten (10) days written notice to the Municipality (and any affected
contractor and materialman) from IG, the Municipality (and any affected
contractor and materialman) shall make all requested records and documents
available to the IG for inspection and copying.
The IG shall have the power to report and/or recommend to the Board whether a
particular project, program, contract or transaction is or was necessary and, if
deemed necessary, whether the method used for implementing the project or
program is or was efficient both financially and operationally. Monitoring of an
existing project or program may include reporting whether the project is on time,
within budget and in conformity with plans, specifications, and applicable law. The
IG shall have the power to analyze the need for, and reasonableness of,
proposed change orders.
The IG is authorized to investigate any alleged violation by a contractor of its
Code of Business Ethics, pursuant Miami-Dade County Code Section 2-8.1.
The provisions in this section shall apply to the Municipality, its contractors and
their respective officers, agents and employees. The Municipality shall
incorporate the provisions in this section in all contracts and all other agreements
executed by its contractors in connection with the performance of this
Agreement. Any rights that the County has under this Section shall not be the
basis for any liability to accrue to the County from the Municipality, its contractors
or third parties for such monitoring or investigation or for the failure to have
conducted such monitoring or investigation and the County shall have no
obligation to exercise any of its rights for the benefit of the Municipality.
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Section 7. Relationship of the Parties: The parties agree that the Municipality is
an independent entity responsible solely for the Project and not an agent or
servant of the County. No party or its officers, elected or appointed officials,
employees, agents, independent contractors or consultants shall be considered
employees or agents of any other party, nor to have been authorized to incur any
expense on behalf of any other party, nor to act for or to bind any other party, nor
shall an employee claim any right in or entitlement to any pension, workers'
compensation benefit, unemployment compensation, civil service or other
employee rights or privileges granted by operation of law or otherwise, except
through and against the entity by whom they are employed.
Section 8. Liability: The parties to this Agreement shall not be deemed to
assume any liability for the negligent or wrongful acts, or omissions of the other
party. Nothing contained herein shall be construed as a waiver, by either party,
of the liability limits established in Section 768.28 of the Florida Statutes. The
Municipality acknowledges that the County, its employees, commissioners and
agents are solely providing funding assistance for the Project and are not
involved in the design, construction, operation or maintenance of the Project.
Section 9. Breach, Opportunity to Cure and Termination:
(a) Each of the following shall constitute a default by the Municipality:
(1) If the Municipality uses the Funding Cycle Allocation for costs
not associated with the Project (i.e. ineligible costs), and the
Municipality fails to cure its default within thirty (30) days after
written notice of the default is given to the Municipality by the
County; provided, however, that if not reasonably possible to
cure such default within the thirty (30) day period, such cure
period shall be extended for up to one hundred eighty (180)
days following the date of the original notice if within thirty (30)
days after such written notice the Municipality commences
diligently and thereafter continues to cure.
(2) If the Municipality shall breach any of the other covenants or
provisions in this Agreement other than as referred to in Section
9(a)(1) and the Municipality fails to cure its default within thirty
(30) days after written notice of the default is given to the
Municipality by the County; provided, however, that if not
reasonably possible to cure such default within the thirty (30)
day period, such cure period shall be extended for up to one
hundred eighty (180) days following the date of the original
notice if within thirty (30) days after such written notice the
Municipality commences diligently and thereafter continues to
cure.
(b) Each of the following shall constitute a default by the County:
(1) If the County shall breach any of the covenants or provisions in
this Agreement and the County fails to cure its default within
thirty (30) days after written notice of the default is given to the
County by the Municipality; provided, however, that if not
reasonably possible to cure such default within the thirty (30)
Building Better Communities Municipal Agreement 5 of 10 Rev. 7/06
day period, such cure period shall be extended for up to one
hundred eighty (180) days following the date of the original
notice if within thirty (30) days after such written notice the
County commences diligently and thereafter continues to cure.
(c) Remedies:
(1) Upon the occurrence of a default as provided in Section 9(a)(1)
and such default is not cured within the applicable grace period,
in addition to all other remedies conferred by this Agreement,
the Municipality shall reimburse the County, in whole or in part
as the County shall determine, all funds provided by the County
hereunder.
(2.) Either party may institute litigation to recover damages for any
default or to obtain any other remedy at law or in equity
(including specific performance, permanent, preliminary or
temporary injunctive relief, and any other kind of equitable
remedy).
(3) Except with respect to rights and remedies expressly declared
to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by any party of one or
more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or
remedies for the same default or any other default.
(4) Any failure of a party to exercise any right or remedy as
provided in this Agreement shall not be deemed a waiver by that
party of any claim for damages it may have by reason of the
default.
(d) Termination:
(1) Notwithstanding anything herein to the contrary, either party
shall have the right to terminate this Agreement, by giving
written notice of termination to the other party, in the event that
the other party is in material breach of this Agreement.
(2) Termination of this Agreement by any Party is not effective until
five (5) business days following receipt of the written notice of
termination.
(3) Upon termination of this Agreement pursuant to Section 9(d)(1)
above, no party shall have any further liability or obligation to
the other party except as expressly set forth in this Agreement;
provided that no party shall be relieved of any liability for breach
of this Agreement for events or obligations arising prior to such
termination.
Section 10. Litigation CostsNenue: In the event that the Municipality or the
County institutes any action or suit to enforce the provisions of this Agreement,
the prevailing party in such litigation shall be entitled to reasonable costs and
attorney's fees at the trial, appellate and post-judgment levels. This Agreement
shall be governed by and construed in accordance with the laws of the State of
Florida. The County and the Municipality agree to submit to service of process
and jurisdiction of the State of Florida for any controversy or claim arising out of
or relating to this Agreement or a breach of this Agreement. Venue for any court
action between the parties for any such controversy arising from or related to this
Building Better Communities Municipal Agreement 6 of 10 Rev. 7/06
Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade
County, Florida, or in the United States District Court for the Southern District of
Florida, in Miami-Dade County, Florida.
Section 11. Naming Rights and Advertisements: In the event that any naming
rights or advertisement space is offered on a facility constructed or improved with
BBC GOB Program funds, then Miami-Dade County's name, logo, and slogan
shall appear on the facility not less than once and equal to half the number of
times the most frequent sponsor or advertiser is named, whichever is greater.
Lettering used for Miami-Dade County will be no less than 75% of the size of the
largest lettering used for any sponsor or advertiser unless waived by the Board.
The Municipality must include the following credit line in all promotional
marketing materials related to this funding including web sites, news and press
releases, public service announcements, broadcast media, programs, and
publications: "THIS PROJECT IS SUPPORTED BY THE BUILDING BETTER
COMMUNITIES BOND PROGRAM AND THE MAYOR AND BOARD OF
COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY."
Section 12. Notice: Any notice, consent or other communication required to be
given under this Agreement shall be in writing, and shall be considered given
when delivered in person or sent by facsimile or electronic mail (provided that
any notice sent by facsimile or electronic mail shall simultaneously be sent
personal delivery, overnight courier or certified mail as provided herein), one
business day after being sent by reputable overnight carrier or 3 business day
after being mailed by certified mail, return receipt requested, to the parties at the
addresses set forth below (or at such other address as a party may specify by
notice given pursuant to this Section to the other party):
The County:
George M. Burgess, County Manager
Miami-Dade County, Stephen P. Clark Center
111 NW 1 Street, Suite 2910
Miami, Florida 33128
The Municipality:
Eric M. Soroka, City Manager
City of Aventura
19200 W Country Club Drive
Aventura, Florida 33180
Section 13. Modification and Amendment: Except as expressly permitted
herein to the contrary, no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and equal dignity herewith.
Section 14. Joint Preparation: The preparation of this Agreement has been a
joint effort of the parties, and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties
than the other.
Section 15. Headings: Captions and headings in this Agreement are for ease of
reference only and do not constitute a part of this Agreement and shall not affect
the meaning or interpretation of any provisions herein.
Section 16. Waiver: There shall be no waiver of any right related to this
Agreement unless in writing and signed by the party waiving such right. No delay
Building Better Communities Municipal Agreement 7 of 10 Rev. 7/06
or failure to exercise a right under this Agreement shall impair such right or shall
be construed to be a waiver thereof. Any waiver shall be limited to the particular
right so waived and shall not be deemed a waiver of the same right at a later time
or of any other right under this Agreement. Waiver by any party of any breach of
any provision of this Agreement shall not be considered as or constitute a
continuing waiver or a waiver of any other breach of the same or any other
provision of this Agreement.
Section 17. Representation of the Municipality: The Municipality represents
that this Agreement has been duly authorized, executed and delivered by Mayor
and Commissioners, as the governing body of the City of Aventura, Florida and it
has granted the City Manager, or his designee, the required power and authority
to execute this Agreement. The Municipality agrees to a) maintain the Project for
a minimum of 25 years, b) agrees to govern itself, in regards to the subject
Project, in accordance with Article 6 of the County Charter, c) keep the Project
open safely and properly maintained for all Miami-Dade County residents, and d)
allow all Miami-Dade County residents equal access and use of the Project and
not discriminate when charging facility admission fees based on where a resident
resides in the County. The Municipality also agrees to accept and comply with
the Administrative Rules as stated in Attachment 1 and as may hereafter be
amended.
Section 18. Representation of the County: The County represents that this
Agreement has been duly approved, executed and delivered by the Board, as the
governing body of the County, and it has granted the Miami-Dade County
Manager the required power and authority to execute this Agreement. The
County agrees to provide the Funding Cycle Allocation to the Municipality for the
purpose of developing and improving the Project in accordance with each of the
attached Exhibit Forms, incorporated herein as Exhibits A-J of Attachment 1
(Administrative Rules). Miami-Dade County shall only be obligated to reimburse
the Municipality provided the Municipality is not in breach of this agreement and
the Municipality has demonstrated that it has adequate funds to complete the
Project. The County shall administer, in accordance with the appropriate
regulations, the funds available from the BBC GOB Program as authorized by
Board Resolutions. Any and all reimbursement obligations of the County shall be
fully subject to and contingent upon the availability of funding from the County for
the specific purpose contained herein. The Municipality shall be solely
responsible for submitting all documentation, as required by the specific
Administrative Rules incorporated herein as Attachment 1, to the County
Manager or his designee for this purpose.
Section 19. Invalidity of Provisions, Severability: Wherever possible, each
provision of the Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to
the extent of such prohibition or invalidity, without invalidating the remainder of
such provision or the remaining provisions of this Agreement, provided that the
material purposes of this Agreement can be determined and effectuated.
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Section 20. Indemnity: The Municipality does hereby agree to indemnify and
hold harmless the County to the extent and within the limitations of Section
768.28 Florida Statutes, subject to the provisions of that statute, whereby the
Municipality 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 or causes of action which may arise
solely as a result of the negligence of the Municipality. However, nothing herein
shall be deemed to indemnify the County from any liability or claim arising out of
the negligent performance or failure of performance of the County or any
unrelated third party.
The County does hereby agree to indemnify and hold harmless the Municipality
to the extent and within the limitations of Section 768.28 Florida Statutes, subject
to the provisions of that 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 or causes of action which may arise solely as a result of the negligence of
the County. However, nothing herein shall be deemed to indemnify the
Municipality from any liability or claim arising out of the negligent performance or
failure of performance of the Municipality or any unrelated third party.
Section 21. Assignment: The Municipality may not assign all or any portion of
this Agreement without the prior written consent of the County.
Section 22. Entirety of Agreement: This Agreement, and the attachments
thereto, incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained in this Agreement. The parties agree that there are no commitments,
agreements, or understandings concerning the subject matter of this Agreement
that are not contained in this Agreement, and that this Agreement contains the
entire agreement between the parties as to all matters contained herein.
Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
It is further agreed that any oral representations or modifications concerning this
Agreement shall be of no force or effect, and that this Agreement may be
modified, altered or amended only by a written amendment duly executed by
both parties hereto or their authorized representatives.
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IN WITNESS THEREOF, the parties through their duly authorized representatives
hereby execute this AGREEMENT with an effective date of ,2008.
Approved by City Attorney as
to form and legal sufficiency.
City of Aventura, Florida
By:
City Manager
Approved by County Attorney as
to form and legal sufficiency.
For the City Commission,
City of Aventura, Florida
Teresa M. Soroka, CLERK
Attest:
By:
City Clerk
MIAMI-DADE COUNTY, FLORIDA
By:
Date
Date
County Mayor
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
Deputy Clerk
Building Better Communities Municipal Agreement
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Date
Rev. 7/06
Section 6.1
Attachment 1
BUILDING BETTER COMMUNITIES
GENERAL OBLIGATION BOND
PROGRAM
ADMINISTRATIVE RULES
TABLE OF CONTENTS
ARTICLE I - GENERAL CONDITIONS
SECTION 1. BACKGROUND
SECTION 2. SCOPE
SECTION 3. GENERAL
SECTION 4. DEFINITIONS
ARTICLE II -FUNDING PROCEDURES
SECTION 1. FUNDING CYCLES;
APPLICATION SUBMISSION PERIODS
SECTION 2. FUNDING APPLICATION
SECTION 3. ELIGIBILITY REQUIREMENTS
SECTION 4. ELIGIBILITY DETERMINATION AND EV ALUA TION
ARTICLE III - GRANT ADMINISTRATION
SECTION 1. FUNDING ALLOCATION ADMINISTRATION &
REIMBURSEMENT POLICY
SECTION 2. COMPLIANCE RESPONSIBILITIES
SECTION 3. REPORTS
SECTION 4. PROJECT CLOSE-OUT
SECTION 5. INTERPRETATION; ADMINISTRATION
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ARTICLE I - GENERAL CONDITIONS
SECTION 1. BACKGROUND
These administrative rules govern the implementation by Miami-Dade County (the "County") of its
Building Better Communities General Obligation Bond Program as established by Ordinance No.
05-47 (the "Ordinance").
SECTION 2. SCOPE
These administrative rules have been prepared to address the administration and allocation of funds
for the projects and programs identified in the Building Better Communities General Obligation
Bond Program (BBC GOB Program). In addition to the funding of Projects specifically listed in the
BBC GOB Program, eligible projects may be funded through the application process described in
these administrative rules with monies from four (4) funds. The funds are the Historical
Preservation Fund, the Economic Development Fund, the Not-for-Profit Community Organization
Capital Fund and the Primary Health Care Facilities Fund (collectively, the "Funds").
SECTION 3. GENERAL
All recipients of funding for specific projects identified in the BBC GOB Program and for projects
approved for funding from one of the Funds are required to follow these administrative rules.
Failure to do so may lead to disqualification.
Additional copies of the administrative rules and/or application materials may be obtained by
contacting the County Manager's Office. All inquiries, correspondence and applications for the
BBC GOB Program should be addressed to:
Miami-Dade County
County Manager's Office
111 NW 1 Street
Suite 2910
Miami, Florida 33128
Attention: Roger T. Hernstadt
or to a Department or agency of Miami-Dade County, serving as the County Manager's Designated
Representati ve.
SECTION 4. DEFINITIONS
The following is a list of terms and definitions that are used in these administrative rules:
"Acquisition" means the act of obtaining real property and/or capital assets or interests and rights
in real property and/or capital assets by various legal means to serve public purposes.
"Applicant" means a Public Agency, not-for-profit organization, Municipality. or other entity
eligible to participate in the BBC GOB Program, which submits a Funding Application Package to
the County during an announced Application Submission Period.
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"Application" means the process described in these rules to make a formal request for Funding
Allocation which remains open until the execution of a Grant Agreement or lnterlocal Agreement,
as the case may be, or a decision by the County not to provide a Total Funding Allocation.
"Application Submission Period" means the formally announced period of time for the
submission of a Funding Application Package in a given Funding Cycle.
"Board of County Commissioners" or "Board" means the legislative and the governing body of
the County.
"Community-Based Organization (CBO)" shall refer to any not-for-profit 501(c)(3) agency,
group, organization, society, association, partnership or individual whose primary purpose is to
provide a community service designed to improve or enhance the well-being of the community of
Miami-Dade County at large or to improve or enhance the well-being of certain individuals within
this community who have special needs.
"County" means Miami-Dade County, Florida.
"County Manager" or "Manager" means the head of the administrative branch of the County
government or his/her designated representative.
"Development" means the act of physically improving an area, facility, resource or site to increase
its ability or capacity to serve the public.
"Designated Projects" means the specific Projects approved by the Board in ~he Ordinance and the
electors on November 2, 2004 for inclusion in the BBC GOB Program.
"Fixtures, Furniture and Equipment (FF&E)" means 1) Fixtures - items that are permanently
affixed to the building or property, i.e., doors, bathroom stalls, AlC units, etc.; 2) Furniture - indoor
furnishings needed to allow proper use of a building, i.e., desks, chairs, tables, workstations, etc.;
and 3) Equipment - non-consumable tangible property with a life of at least one year that is directly
related to the funded project, such as bleachers for courts, audio/visual equipment for community
rooms, computers for computer labs, portable basketball goals for gymnasiums, etc.
"Fund Projects" means the specific Projects approved by the County pursuant to these
administrative rules for a Funding Allocation from one of the Funds.
"Funds" means any and/or all of the following four funds included in the BBC GOB Program to
address grant requests for Fund Projects: the Economic Development Fund, the Historical
Preservation Fund, the Not-for-Profit Community Organization Capital Fund and the Primary
Healthcare Facilities Fund.
"Funding Cycle Allocation" means Building Better Communities General Obligation Bond funds
approved by the Board in a given year for use by a Recipient for implementation of a Project
pursuant to these administrative rules.
"Funding Allocation" means (i) the total amount of Building Better Communities General
Obligation Bond funds approved by the Board on July 20, 2004 for use by a Recipient for a specific
Building Better Communities Administrative Rules
30f22
Project; or (ii) the total amount approved by the County from a Fund for use by a Recipient for a '
specific Project.
"Funding Application Form" means the base application form provided by the County Manager
to be completed by the Applicant and submitted as part of the Funding Application Package.
"Funding Application Package" means the complete submittal package required by these
administrative rules and submitted by an Applicant for a Project. (See Article II, Section 2).
"Funding Cycle" means the time between the opening of an Application Submission Period and
the approval by the Board of the Projects to receive a Funding Cycle Allocation from the next series
of general obligation bonds.
"Grant Agreement" means an executed grant agreement between the County and a Recipient
(other than a grant to a Municipality or Public Agency, which grant will be evidenced by an
executed Interlocal Agreement) setting forth mutual obligations regarding a Funding Cycle
Allocation for a Project.
"Interlocal Agreement" means an executed grant agreement between the County and a Recipient
that is a Municipality or Public Agency setting forth mutual obligations regarding a Funding Cycle
Allocation for a Project.
"Match" means cash committed by the Recipient, as stipulated in the approved Grant Agreement
or the Interlocal Agreement, as the case may be, to complement funding awarded from the BBC
GOB Program.
"Municipality" means a political unit, such as a city, town, or village, incorporated for local self-
government within the confines of Miami-Dade County.
"Ordinance" means the Building Better Communities General Obligation Bond Ordinance No. 05-
47.
"Pre-Agreement Expenses" means eligible expenses identified in Article III, Section I(B) ofthese
rules incurred by a Recipient for accomplishment of a Project prior to full execution of a Grant
Agreement or an Interlocal Agreement, as the case may be.
"Project" means each Designated Project or Fund Project, as the case may be, identified in a
Funding Application Package and approved by the County for a Funding Allocation.
"Public Agency or Public Agencies" means an agency or agencies or administrative division or
divisions of the United States government, the State of Florida, the County, or any municipality
within the County.
"Recipient" means an entity receiving a Funding Allocation.
"80ft Costs" means real and verifiable expenditures for administration, project management (not
related to construction supervision), indirect costs (accounting/purchasing/personnel, etc.), imposed
fees (e.g., permit processing fees) and those costs NOT related to construction material, labor,
equipment or construction sub-contractors. Soft Costs for the purpose of this Program are classified
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by the following three areas:
· Project Administration - administration, project management (not related to construction
supervision), indirect costs (accounting/purchasing/personnel, etc.) and imposed fees (e.g.,
Professional Services Agreement selectiOlvpermit processing fees). Project management related
to construction supervision is not considered a soft cost; and
· Planning Services - Master Plan development and approval and feasibility studies; and
· Design Services - schematic design, design development, construction documents, bidding or
negotiation and as built drawings.
Construction supervision and/or inspection are not considered soft costs. All costs associated with
land acquisition such as: appraisals, due diligence, cost of land, project administration related to
land purchase, legal fees, etc. are not part of the soft costs.
"Targeted Urban Areas" or "TUA" means the geographical communities which have been
designated by the Board of County Commissioners.
"UMSA" means Unincorporated Municipal Service Area of the County, for which the County
provides municipal services. Projects occurring within areas defined as UMSA are subject to the
same administrative rules as any other project seeking Building Better Communities General
Obligation Bond funding, regardless of the entity involved in the project.
ARTICLE II - FUNDING PROCEDURES
SECTION 1. FUNDING CYCLES; APPLICATION SUBMISSION PERIODS
A Funding Cycle shall be established by the Board on a periodic basis related to the sale of bonds,
provided there are Building Better Communities General Obligation Bonds remaining to be sold.
Each Project may be funded during one or more Funding Cycles through a Funding Allocation.
Eligible entities must apply for these Funding Allocations. Eligible entities existing on/or before
July 20th, 2004, the date the General Obligation Bond Resolutions were approved by the Board, will
receive priority consideration for Project approval and Funding Allocation. A Grant Agreement or
Interlocal Agreement between the County and the Recipient, as the case may be, implements the
Funding Allocations.
The Funding Application package shall be delivered on or before the last day of the announced
Application Submission Period. The County may announce an additional Application Submission
Period if funds remain or become available after the preceding Application Submission Period is
complete. Each Application Submission Period and other pertinent application information shall be
publicly announced in newspapers of general circulation in the County at least one (1) month prior
to the deadline for submission of the Funding Application Package, unless otherwise waived by the
Board.
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SECTION 2. FUNDING APPLICATION
An Applicant must submit a complete Funding Application in order to be eligible to receive a
Funding Allocation award. A complete Funding Application Package means one that meets all the
requirements of the Ordinance and these administrative rules and is supported by proper
documentation required by these administrative rules. The Funding Application Package shall
consist of:
I) Completed Funding Application Form.
2) Completed line item budget. The line item budget must be submitted with budget
justifications for the Construction and Fixtures, Furniture and Equipment line items. The
justification should provide detailed descriptions of the project elements. Reimbursement
for Fixtures, Furniture & Equipment is contingent upon prior inclusion and approval of these
expenses in the Grant Agreement. (See Article III, Section I (C)).
3) Letter(s) of commitment for matching funds that complement the Funding Allocation
request as may be required by the Application.
4) Projected completion date for the Project and if the Project will be constructed in phases, the
completion date of each phase.
5) Project location map.
6) For Development Projects, certification of ownership of a site by the Applicant or evidence
of land tenure sufficient to satisfy the County that the Project may be developed on the
designated site.
7) Written evidence (resolution or other legally required documentation), which at a minimum:
(i) authorizes the execution of the Grant Agreement or the Interlocal Agreement, as the case
may be; (ii) commits the Applicant to complete the Project; (iii) as applicable, commits the
Applicant to provide operating, maintenance and programming funds upon completion of
the Project, to the extent allowed by law; and (iv) provides that the Funding Allocation shall
not be used in substitution of other capital project funding available to the Applicant.
8) Any other documentation that the Board may require from time to time.
An Applicant may request funding for a major Project in phases. Each phase shall constitute a
distinct portion of the proposed Project. Each Applicant requesting funding for a Project in phases
shall commit to completing the Project as defined in the Grant Agreement or the Interlocal
Agreement, as the case may be, unless otherwise modified by approval of the Board in accordance
with these rules and the Ordinance.
In the event an applicant intends to submit a request for pre-agreement reimbursement, the applicant
shall comply with Article III, Section I (B)).
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SECTION 3. ELIGIBILITY REQUIREMENTS
A) Designated Projects
Eligibility requirements for Applicants:
. Active and duly registered Florida not-for-profit 501(c)(3) corporation. Comply with
the County's Administrative Order 3-15.
. Active and duly registered Florida for-profit corporation or recognized business
entity.
. Municipal entity or agency based in Miami-Dade County.
. Owner or lessee of residential or commercial property located within Miami-Dade
County on which the Designated Project shall be situated.
. Financially stable including financial commitments to complete the Designated
Project.
B) Fund Projects
1. Funds Objectives
The Economic Development Fund (the "EDF") is a component of the Building Better
Communities Bond Program and is available for the purpose of providing infrastructure
improvements to spur economic development and attract new businesses to the community
in order to create jobs. The EDF includes $75 million that is available countywide and $15
million that is specifically focused on the County's designated Targeted Urban Areas.
Eligible uses of the EDF include but are not limited to: infrastructure funding for road
construction, water and sewer lines, fencing, sidewalks, entryways, lighting, and handicap
accessibility; acquisition of land or buildings; and new construction of buildings;
renovation of buildings. Ineligible uses of the EDF include but are not limited to: working
capital; furniture and fixtures; office equipment; and other non-capital related expenses.
The Historical Preservation Fund, the Primary Healthcare Facilities Fund and the Not-for-
Profit Community Organization Capital Fund are a component of the Building Better
Communities General Obligation Bond initiative for the purpose of funding projects that
support the County's historic preservation, primary healthcare, and community agency
infrastructure needs. These are capital projects that improve the quality of life for the
County's citizens, enhance medical facilities, rehabilitate historic properties, save
irreplaceable historic venues, and serve as a catalyst for preserving and protecting Miami-
Dade County's future. Medical institutions, historically and culturally significant
properties, and Community-Based Organizations needing capital funds for construction,
renovation, and expansion of facilities within the community that meet the criteria for the
following programs may be eligible for assistance from these funds.
2) Program Descriptions and Criteria
a) Economic Development Fund.
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This program includes $75 million that is available countywide and $15 million that is'
specifically focused on the County's designated Targeted Urban Areas to spur economic
development and attract new businesses in order to create jobs.
Eligibility Requirements for Applicants:
· Active and duly registered Florida not-for-profit 501(c)(3) corporation.
· Active and duly registered Florida for-profit corporation or recognized business
entity.
. Municipal entity or agency based in Miami-Dade County.
· Owner or lessee of residential or commercial property located within Miami-Dade
County on which the Designated Projects will be situated.
· Financially stable including financial commitments to complete the Designated
Project.
· Those listed in any Request For Proposal's related to this Fund.
b) Historic Preservation Fund
This program includes $10 million and is intended to provide matching funds to private
property owners, private nonprofit organizations, and municipal government agencies
for the acquisition, relocation and rehabilitation of designated historic properties, or
properties eligible for designation as a historic property or as a contributing historic
district property, which has applied for such a designation within Miami-Dade County.
Eligibility Requirements for Applicants:
. Active and duly registered Florida not-for-profit 501(c)(3) corporation.
. Active and duly registered Florida for-profit corporation or recognized business
entity.
. Municipal entity or agency based in Miami-Dade County.
· Owner of residential or commercial property located within Miami-Dade County.
· Individually listed as municipal, County, State or National Register of historic
property located in Miami-Dade County.
· Contributing Property within a designated municipal, County, State or national
historic district located in Miami-Dade County.
· Property determined eligible for listing as an individual historic site or as a
contributing historic district property, and which has applied for such designation, in
a Municipality, County, State or National Register, and located within Miami-Dade
County.
. Those listed in any Request For Proposal's related to this Fund.
c) Not-for-Profit Community Organization Capital Fund
The objective of this fund is to build and sustain the capability and capacity of the not-
for-profit sector and support entities that enhance the quality of life of Miami-Dade
County by delivering needed services. The $30 million allocated to this fund recognizes
the importance and continuing contributions that these organizations make to the future
of Miami-Dade County.
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Eligibility Requirements for Applicants:
. Legally incorporated 501 (c )(3) not- for-profit organization lacking access to
government sources of capital funding.
. Demonstrable financial stability.
. Organization's mission is consistent with goals identified in the Miami-Dade County
Strategic Plan.
. Demonstrate ownership of or intent to purchase a facility.
. Letter of Commitment confirming the resources necessary to accomplish the project.
. Architectural/engineering study and/or equipment specifications and professional
cost estimate.
. Two (2) year management and budget plan for the facility.
. Those listed in any Request For Proposal's related to this Fund.
c) Primary Healthcare Facilities Fund
The objective of this fund is to build and sustain the capability and capacity of the not-
for-profit sector and support entities that enhance the quality of primary healthcare
within Miami-Dade County by delivering needed services. The $25 million allocated to
this fund recognizes the importance and continuing contributions that these
organizations, and the care that they provide, make to the future of Miami-Dade County.
Eligibility Requirements for Applicants:
. Legally incorporated 501(c)(3) not-for-profit organization lacking access to
government sources of capital funding.
. Demonstrable financial stability.
. Organization's mission is consistent with goals identified in the Miami-Dade County
Strategic Plan.
. Demonstrate ownership of or intent to purchase a facility.
. Letter of Commitment confirming the resources necessary to accomplish the project.
. Architectural/engineering study and/or equipment specifications and professional
cost estimate.
. Two (2) year management and budget plan for the facility.
. Those listed in any Request For Proposal's related to this Fund.
SECTION 4. ELIGIBILITY DETERMINATION AND EVALUATION
Following closure of an Application Submission Period, the County Manager will review and
evaluate each Funding Application Package for funding eligibility or ineligibility. The County
Manager may use entities such as the following to assist him in the review and to create Project
Review Committees.
Economic Development Fund
. Empowerment Zone Trust Board
. Miami-Dade Empowerment Trust
. Office of Community and Economic Development
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· Coalition of Chambers of Commerce
. Task Force on Urban Revitalization
. Metro Miami Action Plan Trust
. Beacon Council
. Greater Miami Chamber of Commerce
. Dade League of Cities
Historic Preservation Fund
. Dade Heritage Trust
. Historic Preservation Board
Not-Cor-Profit Community Ore:anization Capital Fund
. Alliance for Human Services
. Dade Community Foundation
Primary Healthcare Facilities Fund
. Office of Countywide Health Care Plmming
Any such entity shall adhere to public record protocols specified under Administrative Order No. 3-
31. Funding Allocations for eligible projects may be recommended to the County Manager by the
Project Review Committee. The County Manager and the Project Review Committee may
determine that a Funding Application Package be classified as:
A) Ineligible. Declaration that the Project identified in a Funding Application Package IS
ineligible.
B) Conditionally Eligible. The Board may determine that a Project is eligible for funding upon
satisfaction of specified conditions. In the event that conditional approval is given, Board staff
shall verify that the conditions have been satisfied prior to executing a Grant Agreement or an
Interlocal Agreement, as the case may be.
C) Eligible. Declaration that a Project identified In a Funding Application Package IS fully
eligible.
Funding Application Packages determined to be Eligible or Conditionally Eligible shall be reviewed
and competitively evaluated to recommend bond funding allocations. A listing of all Funding
Application Packages shall be reviewed by the GOB Sub-committee and presented to the Board by
the County Manager in the form of a Resolution stating the eligibility determination, presenting the
County Manager's funding recommendations based on the competitive evaluation and seeking
approval for the disbursement of funds.
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ARTICLE III - GRANT ADMINISTRATION
SECTION 1. FUNDING ALLOCATION ADMINISTRATION & REIMBURSEMENT
POLICY
A) Grant Agreement or Interlocal Agreement
1) As a condition of award of a Funding Allocation, the BBC GOB Program and the
Recipient shall enter into a Grant Agreement or an Interlocal Agreement, as the case may
be, which sets forth the responsibilities and duties of each regarding administration of the
approved Project and approved Funding Allocation.
2) The Grant Agreement or the Interlocal Agreement, as the case may be, shall specify the
following and shall incorporate such other terms and conditions as may be required by
particular circumstances:
a) A Project Narrative/Description of Project, including location of Project, and
beginning and end dates;
b) An overall budget for the Final Project, identifying additional sources of revenue;
c) A Funding Allocation line item budget (proposed use ofBBC GOB funds);
d) If the Recipient is a Community-Based Organization or other entity (not a
Municipality or Public Agency, a letter of commitment of matching funds validly
executed committing the organization to raise any additional capital funds necessary to
complete the Project, and committing to provide operating, maintenance and
programming funds upon completion of the Project, all as authorized and approved by
the Recipient's Board of Directors or governing entity;
e) If the Recipient is a Municipality or Public Agency, a letter of commitment of
matching funds validly executed committing the organization to appropriate capital
funds necessary to complete the Project and to provide operating, maintenance and
programming funds upon completion of the Project, all as authorized and approved by
the governing board of such Municipality or Public Agency;
f) Certification of ownership, or evidence of lease or other use agreement for a
minimum un-expired term of 25 years;
g) Business plan and/or operating pro-forma, defining and identifying strategies to
address the impact the Project will have on the organization's operational structure; and
h) A list of consultants that will be involved in the development of the Project (e.g.,
Owner's project manager(s), Architecture and Engineering team, Specialty Consultants,
Developers, General Contractor or Construction Manager, etc.) as they become
available.
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B) Pre-Agreement Expenses. The incurring of Pre-Agreement Expenses creates no obligation on '
the County to execute a Grant Agreement or lnterlocal Agreement, as the case may be, or
otherwise satisfy those expenses. However, prior to the effective date of the Grant Agreement
or lnterlocal Agreement, as the case may be" a Recipient may incur eligible Pre-Agreement
Expenses as defined in Article I - Section 4, and then after the effective date of the Grant
Agreement or lnterlocal Agreement, as the case may be, be reimbursed for those costs, provided
that:
1) The costs and activities are funded as part of the Funding Allocation award and are in
compliance with the requirements of the Ordinance and these rules.
2) For those Projects funded by bond proceeds from bond sales subsequent to the sale of the
Series 2005 Bonds, reimbursement of Pre-Agreement Expenses is limited to those Pre-
Agreement Expenses incurred one (1) year prior to the first day of the Application
Submission Period, unless previously approved by the Board.
3) The Recipient has notified the County Manager in writing of the intent to submit eligible
Pre-Agreement expenses for reimbursement within 30-days of a Grant Agreement or
lnterlocal Agreement being executed. Recipients shall send a letter addressed to the County
Manager for his review and approval of eligible expenses.
C) Payment. Recipients are paid allocated funds subject to the following conditions:
Cost of Issuance of Bonds. Not more than one percent (1 %) of the value of each Funding
Allocation award may be earmarked for all costs incidental to the preparation, issuance and
administration of the BBC GOB Program.
2 Timing. Project costs eligible for reimbursement shall be incurred between the effective
date of, and the Project completion date identified in, the Grant Agreement or the lnterlocal
Agreement, as the case may be, with the exception of Pre-Agreement Expenses.
3) Soft Cost Limits. Project Soft Costs for Planning Services, Design Services and Project
Administration, as defined in Article 1 Section 4, "Soft Costs", are eligible for funding
provided that bond proceeds utilized to pay for such costs do not exceed seventeen percent
(17%) of the total bond proceeds allocated to a given Project. This limitation may be
waived by the Board. Where a major Project is funded in phases, this cost limit may not
necessarily apply to each individual Project phase, but must apply to the Funding Allocation
for the Project.
4) Recipients will implement their own procurement process; however, they shall comply with
all applicable Federal, State and local laws and regulations, including the County ordinances
and regulations.
5) Recipients are responsible for managing the day-to-day operations of Funding Allocation
supported activities, and maintaining communications with the County Manager regarding
the Project. Recipients must monitor Funding Allocation supported activities to assure
compliance with the Ordinance, these rules, the Grant Agreement or lnterlocal Agreement,
as the case may be, and all applicable Federal, State and local requirements.
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6) Payments to the Recipient may be withheld at any time that the Recipient fails to comply
with the terms of the Grant Agreement or the Interlocal Agreement, as the case may be.
Funds withheld for failure to comply with the terms of the Grant Agreement or the Interlocal
Agreement, as the case may be, but without suspension of the Funding Allocation shall be
released to the Recipient upon subsequent compliance. Recipients will not be required to
reimburse the County for payments already received by the County from the Recipient
unless the Recipient fails to develop and/or operate the Project for the purpose described in
the Funding Application Package.
7) Recipient's must complete the authorized signature form (Exhibit A).
8) In general, payment shall be made on a reimbursement basis. A Funding Allocation
Recipient may submit a Request for Advance Payment form (Exhibit B) for review and
approval by the County Manager. Approved recipients may receive an advance payment no
more that 180 days in advance of the allocation schedule approved by the Board, for up to
25% of the value of the Funding Allocation for the subject Project. All advance payments
received by a Recipient shall be maintained in a separate interest bearing account and may
not be co-mingled with other funds. All advances must be fully accounted for within one (1)
year of the date of the approval and before subsequent reimbursement requests are paid.
The recipient will be required to close the account and submit a check to the County for the
interest earned accompanied by an Interest Earned on Advance Form (Exhibit C). Upon
receipt of the check and supporting documentation all subsequent reimbursement requests
can be paid. Checks must be made payable to Miami-Dade County Board of County
Commissioners and forwarded to the Office of the County Manager.
9) Recipients must submit reimbursement/payment requests no later than quarterly. If a
Recipient is unable to submit a reimbursement/payment request by the quarterly deadline, a
written justification indicating the reason for the delay and expected submission date is
required to be submitted by the deadline. Failure to comply with this requirement shall
render the Recipient in non-compliance with the Administrative Rules and may result in
reduction or forfeiture of payment, at the discretion of the County Manager. Failure to
submit two consecutive requests shall be deemed a forfeiture of all rights unless specifically
waived by the County Manager. The Recipient must submit a written explanation for such
delays in order to be considered for a waiver of this requirement and all such waivers shall
be made at the sole discretion of the County Manager.
10) Recipients shall complete, sign, and submit to the County the appropriate Reimbursement
Request forms as necessary (Exhibits D through H) accompanied by supporting
documentation (i.e., copies of invoices, receipts and check payments).
11) Reimbursement requests for Fixtures, Furniture & Equipment items must be included and
approved in the Grant Agreement or the Interlocal Agreement, as the case may be, prior to
acquisition. Written requests for Fixtures, Furniture & Equipment approval must be
accompanied by Exhibit H.
12) In accordance with State law, five (5%) of the value of the Building Better Communities
General Obligation Bond funding for a given Project shall be retained by the County for all
projects in excess of $100,000, unless otherwise recommended in writing by staff and
approved by the Board. Upon completion of a Project, a signed project completion
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certificate (Exhibit I) must be submitted with the final reimbursement request forms in order ·
for the remaining retainage to be released.
13) The County Manager may require that reimbursement requests for any Funding Allocations
requiring a cash match must be accompanied by documentation of the expenditure of
committed match funds (i.e., copies of invoices, canceled checks, etc.).
14) Each Recipient will ensure that all contractors and consultants perform in accordance with
the terms, conditions, drawings and specifications of their contracts or purchase orders and
that all Federal, State and local contracting rules apply.
15) Each Recipient shall maintain an accounting system, which meets generally accepted
accounting principles, and shall maintain all required financial records to properly account
for all Building Better Communities General Obligation Bond funds and any supplemental
funds used for the Project. The Recipient shall at all times maintain a separate accounting of
all Building Better Communities General Obligation Bond funds.
16) Each Recipient shall be responsible for reporting, on a continuous, on-going basis, any
contractual relationship established to perform work on the project, start dates, progress
payments, completion dates, etc. in the system provided by the County.
17) The Recipient shall be responsible for completing the Project. If the total cost of the Project
exceeds the value of the Funding Allocation, then the Recipient must provide any
supplemental funds required. In the event that supplemental funds are necessary for
completion of a Project, as of the point in time that it is known that supplemental funds are
needed, the Recipient must demonstrate that such supplemental funds have been committed
to the Project prior to and as a condition of disbursement or further disbursement of Funding
Allocations. The requirement for a Recipient to provide supplemental funds may be
modified, in part or whole, by the Board, to the extent that it approves in writing any
reduction or change to the Project scope of work in accordance with the Ordinance.
Approval of any reduction or change in scope of work is at the sole discretion of the Board.
D) Acquisition Projects. Guidelines and requirements for administering Acquisition Project
Funding Allocations are as follows:
1 Appraisal Required. Prior to acqmsItIOn of a Project site, a Recipient must obtain an
appraisal or appraisals supporting the fair market value of the land to be acquired. Pursuant
to State law, if the property is $500,000 or less in appraised value, one appraisal is required.
If the property exceeds $500,000 in appraised value, two appraisals are required.
2 Amount Authorized for Payment. The amount of Funding Allocation authorized for
payment for land acquisition shall in no case exceed the Funding Allocation available for the
Project. In the event that the negotiated acquisition price exceeds by ten percent or greater
the appraised value of the land, the disbursement of Funding Allocation shall be conditioned
upon a written justification for the purchase price and other conditions attendant to the
proposed purchase, which justification is declared satisfactory by the Board in writing.
Appraisal costs are eligible Funding Allocation costs as long as the appraised property is
being realistically and seriously considered for Acquisition, regardless of the outcome.
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3 Environmental Survey. The Recipient may not acquire land for a BBC GOB Program
funded Project until a Phase I environmental survey is completed, which demonstrates that
the property is suitable for its intended general use and for the specific Project. GOB funds
may be used for the necessary clean-up a Phase II environmental survey may require
provided the scope of the project is not impacted. Changes to the scope of the project
require BCC approval.
4 Signage. For six months following an Acquisition, the County shall post a sign, in the
general design provided by the County, containing the Building Better Communities
General Obligation Bond logo, identifying the source of Project funding. The cost of such a
sign is eligible for payment from the Funding Allocation.
5) Ownership. Title to land acquired with BBC GOB Program funds or facilities
constructed/developed with Building Better Communities General Obligation Bond funds
shall vest with a Public Agency or a legally incorporated 501(c)(3) not-for-profit
Community-Based Organization.
E) Development Projects. Guidelines and requirements for administering Development Project
Funding Allocations are as follows:
1) Licensed Contractors; Contractor Bonds. Duly licensed contractors shall perform all
construction. Construction contracts for work in excess of the threshold amounts established
in Section 255.20 of the Florida Statutes shall require payment and performance bonds,
which comply with the requirements of Section 255.05, Florida Statutes.
2) Cost Elements.
a) Construction Equipment. Recipients are required to use their own equipment, if
available. If a Recipient's equipment is used, the maximum Funding Allocation
payment shall cover operating and routine maintenance costs of such equipment; the
Funding Allocation excludes any depreciation or replacement cost from payment. If a
Recipient's equipment is used, a report or source document must describe the work
performed, indicate the hours used and be related to the Project. If a Recipient does not
have needed construction equipment available, then the Recipient may rent such
equipment.
b) Construction Supplies and Materials. Supplies and materials may be purchased for a
specific Project or may be drawn from a central stock, providing they are claimed at a
cost no higher than that which the Recipient paid. When supplies and/or materials are
purchased with the intention of constructing a piece of equipment, structure or part of a
structure, the costs that are charged as supplies and materials may be capitalized
according to the Recipient's normal practice or policy. If capitalized, only the cost
reasonably attributable to the Project may be claimed under the Project.
c) Personnel or Employee Services. Services of the Recipient's employees who perform
work directly related to the accomplishment of the Project are eligible costs payable
from the Funding Allocation. These costs must be computed according to the
Recipient's prevailing wage or salary scales and may include fringe benefit costs, such as
vacations, sick leave, FICA, MICA, health and life insurance, and workers compensation
Building Better Communities Administrative Rules
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at the Recipient's established fringe benefit rate. Costs charged to the Project must be'
computed on the basis of actual time spent on the Project, and supported by time and
attendance records describing the work performed on the Project. Overtime costs may
be allowed under the Recipient's established policy, provided that the regular work time
was devoted to the same Project. Salaries and wages claimed for employees working on
allocation-funded Projects must not exceed the Recipient's established rates for similar
positions or rates per industry standards. Alternative methodologies for established
wage rates must be pre-approved by the Board.
d) Consultant Services. The costs of consultant services necessary for the Project are
eligible for payment from the Funding Allocation. The Recipient must pay consultants
according to the Recipient's customary or established method and rate. No consultant
fee may be paid to the Recipient's own employees.
3) Cost Activities.
a) Construction activities. The cost of all necessary construction actIvItIes, from site
preparation (including demolition, survey, excavation and other site work) to the
completion of a structure is eligible for payment from the Funding Allocation.
b) Fixtures, Furniture and Equipment. The cost of Fixtures, Furniture and Equipment
necessary to operate the facility are eligible for payment from the Funding Allocation if
approved in the Grant Agreement or the Interlocal Agreement, as the case may be, and a
detailed list of eligible items is submitted in writing and approved by the County
Manager prior to its purchase (See Article III, Section I (c)). Costs for consumable
goods shall not be considered eligible for payment from the Funding Allocation. Also,
refer to Article I, Section 4 for a detailed definition of Fixtures, Furniture and
Equipment.
c) Interpretive Signs and Aids. The cost of signs, display boards or other interpretive aids
relating to the Project are eligible for payment from the Funding Allocation.
d) Signage. During the time period of Development, the County shall post a sign in a
prominent location at the Project site in the general design provided by the County
depicting the Building Better Communities General Obligation Bond logo and
identifying the source of funding for the Proj ect. The cost of such a sign is eligible for
payment from the Funding Allocation.
Recipients are encouraged to use value-engineering clauses in contracts for construction
projects of sufficient size to offer reasonable opportunities for cost reductions.
4) The following is a nonexclusive list of costs ineligible for payment from the Funding
Allocation:
a) Funding Application costs.
b) Ceremonial expenses.
c) Expenses for publicity.
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d) Bonus payments unless specifically authorized by the Board.
e) Charges in excess of the lowest responsive and responsible bid or proposal in accordance
with the governing rules and procedures of the Recipient, when the law requires the
Recipient to utilize competitive selection. In the event a selection process is used, other
than a low bid process any cost in excess of the cost of the highest ranked firm shall be
considered ineligible.
f) Charges for deficits or overdrafts.
g) Charges incurred contrary to the policies and practices of the Recipient.
h) Interest expense (May be reimbursed at the discretion of the Board if incurred during the
construction period and is attributable only to the construction period).
i) Litigation expenses or judgments.
j) The cost of services, material or equipment obtained under any other program.
k) Costs of discounts not taken.
1) The cost of purchasing a non-refundable option when acquiring land.
F) Budget Changes.
1) Recipients shall adjust their Project budgets to reflect actual costs and updated cost estimates
and shall submit adjusted Project budgets to the County Manager as soon as the recipient is
aware of a material budget change.
2) Budget adjustments may not exceed the 17% Soft Cost limitation for design, planning, and
program administration, nor exceed the Project Funding Allocation without approval of the
Board.
3) Recipients shall obtain the prior written approval of the Board whenever budget adjustments
are anticipated as outlined in a, b, and c below. The request must be in the same budget
format the Recipient used in the Grant Agreement or Interlocal Agreement, as the case may
be, and shall be accompanied by a narrative justification for the proposed revision. Such
request for adjustment shall, if approved, amend the Grant Agreement or Interlocal
Agreement, as the case may be. Requests for budget changes shall be considered whenever
any of the following adjustments are required:
a) For any Project involving both Acquisition and Development activities, any proposed
budget transfers from Development to Acquisition.
b) Any proposed reduction or revision of the scope or objectives of the Project (regardless
of whether there is an associated budget adjustment) that substantially changes the original
intent of a project.
Building Better Communities Administrative Rules
17 of 22
c) Any change that would increase Soft Costs for planning, design, and project'
administration which exceeds the limit specified in Article III Section 3 (c)( 1).
In the event that a Recipient has completed the approved scope of work for a Project and has
unexpended funds, the Recipient may submit a request to the County Manager's Office to expend
these funds in an existing or new budget line item for the Project. The County Manager is
authorized to approve such budget changes and expenses not to exceed 15% of the total budget.
G) Cost Overruns. During the execution of work on a Project, the Recipient may find that actual
Project costs exceed the approved budget. For cost overruns that will require additional funding for
the Project, or otherwise require a budget adjustment for which prior Board approval is required
pursuant to paragraph E above, the Recipient shall:
1) Provide a justification for the additional costs;
2) Identify available funds for the completion of the Project; and, if necessary
3) Request from the Board a change or revision in the Project scope consistent with the
terms of the Ordinance.
The Board, at its discretion, may authorize in writing a change or revision in the scope of the
Project: (i) where change or revision of the scope is consistent with the Ordinance; and (ii) where
the change or revision is justified by the Recipient; and (iii) where the Recipient does not have
sufficient funds to complete the Project with the available funds. Under those circumstances, the
Board, in its sole discretion, may identify other funds available under the Ordinance for the Project.
SECTION 2. COMPLIANCE RESPONSIBILITIES
The following constitute general requirements for program compliance:
A) An annual independent audit of the Building Better Communities General Obligation Bond
funds must be submitted by all Recipients to the County Manager's Office no later than six
months after the close of the Recipient's fiscal year for which a Funding Allocation was
received and each year thereafter until Project completion. The audit report must include the
Fund Summary Status Report, Exhibit J. The audit must be performed by certified independent
auditors and include the following:
l) Test for compliance with the Grant Agreement or Interlocal Agreement, as the case may be,
Miami-Dade County Ordinance No. 05-47, applicable resolutions and the Building Better
Communities General Obligation Bond Administrative Rules.
2) Test to verify compliance with advance requirements.
3) Sufficient tests, as determined by the independent auditor to verify true and accurate
reflection of Project expenditures.
4) Tests to verify expenditure of required match dollars.
5) Verification of the Fund Summary Status Report.
Building Better Communities Administrative Rules
18 of 22
B) Land and facilities acquired, developed, improved or rehabilitated by Funding Allocation shall
be dedicated and maintained in perpetuity for the use and benefit of the general public except
where leases are in effect. Any land, facilities, or equipment acquired with Building Better
Communities General Obligation Bond funds may not be sold or transferred without the written
consent of the County and may require an equitable reimbursement of bond funding based on
residual value. All projects shall be open to the public at reasonable times and shall be managed
in a safe and attractive manner appropriate for public use.
C) Funding Allocation for the purposes of development, improvement, rehabilitation or restoration
shall be expended for these purposes only on lands owned by a Recipient or on lands for which
the Recipient holds a lease or other use agreement. Such lease or other use agreement must be
for an unexpired minimum term of 25 years. The Funding Allocation Recipient may
demonstrate the eligibility of the Project to the reasonable satisfaction of the Board, through a
joint ownership, use, franchise or other agreement, evidencing that the lands and/or the Project
will be utilized for the public benefit, consistent with the terms of this Ordinance, for a term of
at least 25 years in duration. The lease must not be revocable at will.
D) Recipient shall maintain all financial and programmatic records, supporting documents and
other records pertinent to the Funding Allocation for a period of three years from the starting
date defined below. If any litigation, claim, negotiation, audit or other action involving the
records has been started before the expiration of the three year period, the records must be
retained until completion of the action and resolution of all issues which arise from it, or until
the end of the regular three year period, whichever is later. When Funding Allocation support is
continued or renewed at annual or other intervals, the retention period for the records of each
funding period starts on the day the Recipient submits to the County its single or last
expenditure report for that period. In all other cases, the retention period starts on the day the
Recipient submits its final expenditure report.
E) The Board and the County, or any of their authorized representatives, shall have the right of
access to any pertinent books, documents, papers or other records of the Recipient in order to
make audits, examinations, excerpts and transcripts.
Office of the Miami-Dade County Inspector General (IG) (MDC Code Section 2-1076) shall
have the authority and power to review past, present and proposed County programs, accounts,
records, contracts and transactions. The IG shall have the power to subpoena witnesses,
administer oaths and require the production of records. Upon ten (10) days written notice to the
Recipient from IG, the Recipient shall make all requested records and documents available to
the IG for inspection and copying. The IG shall have the power to report and/or recommend to
the Board whether a particular project, program, contract or transaction is or was necessary and,
if deemed necessary, whether the method used for implementing the project or program is or
was efficient both financially and operationally. Monitoring of an existing project or program
may include reporting whether the project is on time, within budget and in conformity with
plans, specifications, and applicable law. The IG shall have the power to analyze the need for,
and reasonableness of, proposed change orders.
The IG may, on a random basis, perform audits on all County contracts throughout the duration
of said contract (hereinafter "random audits"). This random audit is separate and distinct from
any other audit by the County. To pay for the functions of the Office of the Inspector General,
Building Better Communities Administrative Rules
190f22
any and all payments to be made to the Recipient under the Grant Agreement will be assessed ·
one quarter of one percent of the total amount of the payment, to be deducted from each
progress payment as the same becomes due unless, as stated in the Code or the Grant
Agreement, the Project is federally or state funded and federal or state law or regulations
preclude such a charge. The Recipient shall in stating its agreed prices be mindful of this
assessment.
The IG shall have the power to retain and coordinate the services of an independent private
sector inspector general (IPSIG) who may be engaged to perform said random audits, as well as
audit, investigate, monitor, oversee, inspect, and review the operations, activities and
performance and procurement process including, but not limited to, project design,
establishment of bid specifications, bid submittals, activities of the contractor, its officers,
agents and employees, lobbyists, County staff and elected officials in order to ensure
compliance with contract specifications and detect corruption and fraud.
F) If a Recipient materially fails to comply with any term of an award, the Board or the County
Manager may take one or more of the following actions, as appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency by the Recipient;
2) Disallow all or part of the cost of the activity or action not in compliance;
3) Wholly or partly suspend or terminate the current award for the Recipient's Project;
4) Withhold further Funding Allocation awards from the Recipient; or
5) Take other remedies that may be legally available.
G) Any of the enforcement actions listed in paragraph F above, taken by the County Manager,
which are contested and unresolved between the Recipient and the County within thirty days of
such action, will result in the Board providing the Recipient with an opportunity to be heard on
the issue. Said hearing will occur within sixty days of the Board receiving the Recipient's
written request. Staff will recommend appropriate action to the Board.
H) Costs to Recipient resulting from obligations incurred by the Recipient during a suspension or
after termination of an award are not eligible for reimbursement unless the County Manager
expressly authorizes them in the notice of suspension or termination or subsequently authorizes
reimbursement in writing. Other costs incurred by the Recipient during suspension or after
termination which are necessary and not reasonably avoidable are eligible for reimbursement if:
1) The costs result from obligations which were properly incurred by the Recipient before the
effective date of suspension or termination, were not in anticipation of it, and in the case of a
termination, are non-cancelable; and
2) The costs would be eligible for reimbursement if the award was not suspended or if the
award expired normally at the end of the funding period in which the termination takes
effect.
I) Inspections. Staff of the Board or the County, or both, shall periodically inspect each Project to
Building Better Communities Administrative Rules
20 of 22
ensure compliance with these rules, the Ordinance, and the Grant Agreement or Interlocal
Agreement, as the case may be. Staff shall perform an inspection of the Project site to ensure
compliance prior to release of the final Funding Allocation payment.
SECTION 3. REPORTS
Recipients are required to submit the Project Status Report no later than monthly (Exhibit E), in the
format stipulated by the County Manager. Additional reports that shall be due upon request of the
County Manager may include, but are not limited to:
A) Actual accomplishments of each Funding Allocation;
B) Problems encountered in implementation of each Funding Allocation; and
C) Anticipated start and/or completion dates of each Funding Allocation.
Recipient may be required to meet with the Board to discuss the Project.
SECTION 4. PROJECT CLOSE-OUT
A) A Recipient has up to forty-five (45) days after the expiration or termination of the Funding
Allocation to submit all final documentation including final reimbursement requests and project
completion certificates.
B) The close-out of a Funding Allocation does not affect:
I) The County's right to disallow costs and recover funds on the basis of a later audit or review;
2) The Recipient's obligation to return any funds due as a result of later refunds, corrections or
other transactions;
3) Records retention responsibilities set forth above;
4) Continuing responsibilities set forth in the Ordinance and these rules; and
5) Audit rights set forth in these rules.
C) Any amounts paid to Recipient in excess of the amount to which the Recipient is finally
determined to be entitled under the terms of the Grant Agreement or Interlocal Agreement, as
the case may be, constitute a debt to the County. If not paid within a reasonable period after
demand, the County may reduce the debt by:
I) Making an administrative offset against other requests for reimbursement;
2) Withholding payments otherwise due to the Recipient; or
3) Taking other action provided by law.
Any overdue debt of the Recipient shall accrue interest at the maximum rate allowed by law.
SECTION 5. INTERPRETATION; ADMINISTRATION
These administrative rules have been promulgated under the Ordinance. In the event of a conflict
Building Better Communities Administrative Rules
21 of22
between these rules and the provisions of the Ordinance, the Ordinance shall prevail.
The County Manager shall be authorized to interpret the provisions of these administrative rules and
their interpretation of any matters governed hereby shall be final and may only be overturned by a
majority vote of the Board. The County Manager shall submit recommendations amending these
administrative rules to the Board, which may approve or reject such recommendations by majority
vote.
The County Manager shall be authorized and required to administer the Building Better
Communities General Obligation Bond Program consistent with the Ordinance and these
administrative rules.
Building Better Communities Administrative Rules
22 of 22
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
FROM:
Eric M. Soroka, ICMA-CM, Cit
nity Services
TO:
City Commission
BY:
Robert M. Sherman, Directo
DATE: December 19, 2007
SUBJECT: Change Order No.2 to Link Construction Group to perform drainage
and earthwork for the Waterways Dog Park Project
January 8th 2008 City Commission Meeting Agenda Item 5- H-
Recommendation:
The City Commission adopt the proposed Resolution authorizing Change Order No. 2
to the Link Construction Group to perform the drainage work and earthwork for the
Waterways Dog Park project in the amount of $276,317.28
Background:
The City Commission awarded Bid No. 07-02-26-2 to Link Construction Group to build
the Waterways Park Expansion in 2007. As a cost saving measure, the City's
consulting engineers asked Link Construction to provide a cost estimate for the
earthwork and drainage work for the Waterways Dog Park project which is located
adjacent to the Waterways Park Expansion. The Link Construction Group has provided
a price of $276,317.28 to perform this work.
The City's consulting engineer and staff recommends awarding this work as Change
Order NO.2 to Link Construction Group as it will save the costs associated with bidding
this work as well as the additional mobilization, bonding, and insurance costs. The work
included in this change order is scheduled to be completed by March 16, 2008.
The City Attorney has reviewed this request as well, and has determined that the City
Commission may issue a change order based under City Code Sec. 2- 253 (6), a
competitive bidding exemption may be used based on the impracticability of bidding this
work in light of the presence in the immediate vicinity of the already mobilized
contractor and the need to expeditiously complete the work. Accordingly, the
Commission may authorize a change order to include this work at the change order
price of $276,317.28
If you need additional information, please feel free to contact the City Manager.
Attachments
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED CHANGE
ORDER EXHIBIT I FOR BID NO. 07-02-26-2 FOR
WATERWAYS DOG PARK CONSTRUCTION BY AND
BETWEEN THE CITY AND LINK CONSTRUCTION
GROUP, INC.; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura desires to re-develop the existing Waterways
Park to provide a pet friendly dog park in a timely and cost effective manner; and
WHEREAS, Link Construction Group, Inc. is performing satisfactory work for the
Waterways Park Expansion project; and
WHEREAS, time constraints on the Waterways Dog Park schedule will not allow
for a formal bidding process to perform the drainage and earthwork; and
WHEREAS, use of the same contractor for the Waterways Expansion project to
perform the drainage and earthwork will reduce the costs associated with bidding that
could add additional profit and overhead costs added to actual construction costs of the
Waterways Dog Park project; and
WHEREAS, the City of Aventura currently has Link Construction Group, Inc.
under contract to perform improvements pertaining to the Waterways Park Expansion
project; and
WHEREAS, a Change Order is necessary to provide for the drainage and
earthwork for the Waterways Dog Park project; and
Resolution No. 2008-
Page 2
WHEREAS, work outlined on said change order will apply only to the drainage
and earthwork for portion for the Waterways Dog Park project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute and otherwise
enter into the attached Change Order Exhibit I for Bid No. 07-02-26-2 Waterways Park
Expansion by and between the City and Link Construction Group, Inc. for Waterways
Dog Park Construction attached hereto and incorporated herein as specifically as if set
forth at length herein. Said Change Order amount is $276,317.28.
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-_
Page 3
PASSED AND ADOPTED this 8th day of January, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF A VENTURA
CHANGE ORDER FORM
CHANGE ORDER NO.2
CONTRACT NUMBER: 07-02-26-2
DATE: December 18, 2007
PROJECT TITLE: Waterways Park Expansion
PROJECT CONTRACTOR: Link Construction Group
COST: $276,317.28
BUDGET LINE ITEM: 170-5001-572-6204
DESCRIPTION OF CHANGES: Addition of contract work to allow for the construction of the City's Waterways Park
Dog Park Development
Original Contract:
Total Previous Change Orders:
This Change Order:
Revised Contract Amount:
$ 2,993,817.41
$ (276,102.38)
$ 276.317.28
$ 2,994,032.31
Total Change Orders to Date: 1
Contract Amount Before This Change: $2,717,715.03
Total Change in Contract Period: 0
The sum of $276,317.28 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is
$2,994,032.28. The time provided for completion of the Contract remains the same. This document shall become an
amendment to the Contract and all provisions of the Contract will apply thereto.
Recommended by
Consultant
Date
Recommended by
Capital Projects Manager
Date
Recommended for Budgetary Purposes:
Finance Support Services Director
Date
Approved by
City Manager
Date
Accepted by
Contractor
Date
MEMORANDUM
CRAVEN THOMPSON AND ASSOCIATES, INC.
Date:
December 18,2007
To:
Robert Sherman, City of A ventura
From:
Kevin Hart, City Consulting Engineer
Reference:
Waterways Park Dog Park
Attached for your information and use is a price proposal from Link Construction Group for
certain improvements at the Waterways Dog Park. The total cost is $276,317.28 and includes
the following items:
. Site preparation, earthwork and grading
. Drainage improvements
. Subgrade, limerock base and asphalt for the new parking lot
. Subgrade, limerock base and asphalt for the new walkway
. Concrete curbing
. . Concrete sidewalks
. Accessible ramps
. Pavement markings and signage
. New 4" concrete slab with canvas shade shelter
. New water service
. Relocation of existing drinking fountain
. Relocation of existing pet comfort stations from Veterans Park
. Surveying
. Maintenance of Traffic
. General Conditions
. Bond
We are recommending that the City execute a Change Order to Link Construction Group's
current contract for Waterways Park to perform this work at the dog park. The total amount of
the Change Order for the Dog Park improvements would be $276,317.28.
If you have any questions or require any additional information, please call.
December 18, 2007
Mr. Kevin Hart. P .E.
Directar ofEngineerins
Craven Thompson &: Associates, Inc.
3563 N.W. 531'4 Street
Ft. Lauderdale PI. 33309-6311
Re: City of A vantura - Dog Park:
Dear Mr. Kevin Hart P .E.:
In accordance with our conversation about the City of Aventura Dog Parle. our final
number i. S 276.317.18 in accordance with tb.o attached scope brea1cdown in
which you prepared and we agreed upon.
This amount when approved will become a change order to the existing c:ontrac:t on
Waterways IT Parle.
Lastly, please advise. when shop drawings &: submittals should be released thru
subcontracts as well as a tentative mobilization date. Structures are a minimum 3
weeks lead time from approved shop drawings.
Should yo~?y questions do not hesitate to c:a1L
,.... /
/' !
'4i2' y, ~
. ....-
. i 0 co"
Project Manager
7003 N Watenvay Drive Suite 118 Miami, Fl. 33155 TeL 3OS.lifiS.,S:zIi Fax. 305.6fi!.9851
Subtotal $208,782.83
OH & P (S.5"1 $11,483.06
SUI-TOTAl UTIMATED COST $Z2O,255.81
, GBnerill Conditions LS 1 $46,407.00 $46,407.00
... Mobilization LS
MOT 15 1 $5,802.50 $5,802.50
Bond 15 1 $3,841.90 $3,841.90
Total UnIc Propasal $276,317.21
:. .
lof2
WATERWAYS PARK D06 PARK
COST COMPARISON
11/26/07
DRAINAGE BREAKDOWN
15" ExfIltratlan Trench LF 100 $73.85 $7,385.00
12" Exflltr.tlon Trench LF 435 $40.00 $17,400.00
15" RCP LF 32 $33.76 $1,08032
18"RCP LF 64 $44.31 $2,835.14
12" HOPE LF 140 $2954 $4,135.60
4"PVCSDR-35 LF 20 $17.94 $358.80
Type C-4 Inllt . EA 3 $2,157 AI $6,472.44
Type C-5 Inllt EA 1 $2,848.50 $2,848.50
Debris 8BffIe EA 2 $550.00 $1,100.00
15" YII"ll Onln EA 7 $1,793.50 $12.554.50
. Concrete Collar EA 7 INC
U5F 7630 Sox EA 7 INC
Alter Filbrlc on Grates EA 11 $35.00 $385.00
Vacuum Inlet lit FInal EA 11 Nle
Lower EIlIst Rim EA 1 $2,100.00 $2,1OD.oo
RaIse.Exlstinl Rim EA 1 $600.00 $600.00
. Trenchbolll Dewlterlns LS 1 INC
SUI'IIe'{ LS 1 $783.20 $713.20
Sub-Total $60,039.20
5.5" OH & P $3,3112.16
TotBl $63,341.36
2of2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: January 4, 2008
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and
Hallandale Beach
January 8, 2008 City Commission Meeting Agenda Item 5 - J-
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with Hallandale Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01595-07
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE CITY OF HALLANDALE BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of Hallandale Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and 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
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez-Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 8th day of January, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
MUTUAL AID AGREEMENT
Between the Hallandale Beach Police Department
and the City of Aventura Police Department
WHEREAS, it is the responsibility of the governments of the City of Hallandale
Beach, Florida, and the City of Aventura, Florida, to ensure the public safety of
their citizens by providing adequate levels of police services to address any
foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and manmade conditions which
are, or are likely to be, beyond the control of the services, personnel, equipment
or facilities of the participating municipal police departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade & Broward County municipalities; and
WHEREAS, the participating Dade & Broward County municipalities have the
authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into
a Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Hallandale Beach,
subdivision of the State of Florida, and the undersigned representatives, in
consideration of mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law
enforcement situations, this Mutual Aid Agreement combines the elements
of both a voluntary cooperation agreement and a requested operational
assistance agreement as described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
City of Hallandale Beach Police Department or the participating
municipal police department.
C. Agency Head: Either the Chief of the City of Hallandale Beach
Police Department, or the Chiefs designees, and the Chief of
Police of the participating municipal police department, or the
Chiefs designees.
D. Participating municipal police department: The police
department of any municipality in Dade & Broward County,
Florida, that has approved and executed this Agreement upon the
approval of the governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting
party in addressing the situation which caused the request;
provided, however, that no party shall be required to deplete,
unreasonably, its own manpower, equipment, facilities, and other
resources and services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are
actually providing aid outside of the jurisdictional limits of the
employing municipality pursuant to a request for aid made in
accordance with this Agreement, shall pursuant to the provisions
of Chapter 23, Florida Statutes, have the same powers, duties,
rights, privileges, and immunities as if they were performing their
duties in the political subdivision in which they are regularly
employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equip-
ment, or facilities pursuant to the provisions of this Agreement
shall bear any loss or damage to same and shall pay any and
all expenses incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D. All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary,
death, and other benefits which apply to the activity of such
officers, agents, or employees of any such agency, when
performing their respective functions within the territorial limits
of their respective agencies, shall apply to them to the same
degree, manner, and extent while engaged in the performance
of their functions and duties extraterritorial under the provisions
of this Mutual Aid Agreement. The provision of this Agreement
shall apply with equal effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2013, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10. Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this _day of
,200_
City Manager, City of Hallandale Beach, FL
Eric M. Soroka
City Manager, City of Aventura, Florida
ATTEST:
ATTEST:
City Clerk, City of Aventura, Florida
Teresa M. Soroka, MMC
City Clerk, City of Hallandale Beach, FL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney, City of Aventura, Florida
City Attorney, City of Hallandale Beach, FL
JOINT DECLARATION
OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT
AND THE CHIEF OF THE CITY OF HALLANDALE BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A deputy sheriff or police officer of either of the participating law enforcement
agencies shall be considered to be operating under the provisions of the Mutual
Aid Agreement when:
participating in law enforcement activities that are preplanned
and approved by each respective agency head, or
appropriately dispatched in response to a request for assistance
from the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the City of Aventura, Florida, and the City of Hallandale Beach,
Florida, it is hereby declared that the following list comprises the circumstances
and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the Agreement. Said list may be
amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. Joint multi-jurisdictional criminal investigations
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes
3. Any natural disaster
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures
5. Terrorist activities including, but not limited to, acts of sabotage
6. Escapes from or disturbances within detention facilities
7. Hostage and barricaded subject situations, and aircraft piracy
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in-progress calls, pursuits, and missing persons calls
9. Enemy attack
10. Transportation of evidence requiring security
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions
12. Security and escort duties for dignitaries
13. Emergency situations in which one agency cannot perform its functional
objective
14. Incidents requIring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information
15. Joint training in areas of mutual need
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries
DATE:
DATE:
/y ;:p
.
Chief of Hallandale Beach Police Dept.
Hallandale Beach, Florida
~~~;~-
-Chief of City of Aventura Police Dept..
Aventura, Florida
Steven Steinberg
ATTEST:
ATTEST:
City of Hallandale Beach, FL, CITY CLERK
City Clerk, City of Aventura
TERESA M. SOROKA. MMC
JOINT DECLARATION AMENDMENT UNDER
HALLANDALE BEACH POLlCEI
A VENTURA POLICE
MUTUAL AID AGREEMENT
This Agreement amends the Joint Declaration under the Mutual Aid Agreement
of _ , 2008, to include and permit concurrent marine patrol
related jurisdiction between agencies on the waters, waterways, canals,
channels, rivers, lakes, streams, and any and all other bodies of waters, including
the Intracoastal Waterway (ICW) that fall within either jurisdiction at this or any
future time during the term of this Mutual Aid Agreement.
It will be agreed between both Chiefs of Police of the City of Hallandale Beach
and the City of Aventura to the following conditions of concurrent marine patrol
related jurisdiction:
1. Both agencies will be permitted to patrol jurisdictional waters of either
jurisdiction, and to take enforcement actions as deemed appropriate
under city, state, and federal laws, rules, and regulations, and to write
boating law violation citations, make arrests, and to attend court on be-
half of the other agency.
2. Both agencies agree that any and all incidents, which require an initial
(preliminary) police offense incident report (OIR), will be completed by
the agency making the initial contact. Any follow-up investigations that
are required are to be completed by the jurisdiction the incident occurred
regardless of which agency completed the original offense incident report.
3. If an arrest is made by one agency that is operating in the jurisdictional
waters of the other agency, and that arrest results in asset forfeiture
proceedings, both agencies agree to a 50-50 share of the final asset
distribution following the payment of all expenses relating to the prose-
cution of the civil case. The jurisdiction of civil forfeiture action shall be
filed by seizing agency.
4. Both agencies have the right to set their own days and hours for marine
patrol and agree to provide assistance and aid to the other agency under
the spirit of Mutual Aid Agreement.
This Amendment shall become effective upon the signing of both Chiefs of Police
and shall remain in effect until either the current Mutual Aid Agreement and Joint
Declaration expires or either agency gives written notice to the other agency to
rescind this Amendment.
I accept the terms and conditions of the aforementioned Amendment to the
current Mutual Aid Agreement and Joint Declaration between the City of
Aventura Police Department and the City of Hallandale Beach Police
Department.
Date
Date
, City Manager
Hallandale Beach, Florida
Eric M. Soroka, City Manager
Aventura, Florida
~~. I~
--Steven Steinberg, Chief of Police
City of Aventura Police Dept.
Thomas A. Magill, Chief of Police
City of Hallandale Beach Police Dept.
(914:Joint Declaration)
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, I
City Manager
BY: Joanne Carr, AICe..
Planning Director
TO: City Commission
DATE: December 3, 2007
SUBJECT: Proposed Amendment to Section 31-171 (a)(6) of the Land Development
Regulations to permit mechanical parking lifts as required parking spaces
(01-LDR-07)
January 8, 2008 Local Planning Agency Agenda Item !:1.ft
1st Reading January 8,2008 City Commission Meeting Agenda Item 1A
2nd Reading February 5, 2008 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-171(a)(6) of the Land Development Regulations to permit mechanical parking
lifts as required parking spaces, with the following conditions:
"Parking lifts" shall be defined as an electro-hydraulic mechanism in a
multifamily residential building or in a non-residential building that lifts a parked
passenger vehicle to make space available to park a passenger vehicle below it
in a single vertical tandem fashion.
. A traffic queuing analysis shall be submitted by the owner of the building for
parking areas using parking lifts, for review and approval by the City
Manager, to ensure efficient processing times and queue lengths. The
number of parking lifts permitted to be counted as required parking spaces
shall be determined by the approved queuing analysis;
. All parking lifts shall be located within a fully enclosed parking garage and
shall not be visible from exterior view. No outside parking lifts shall be
permitted;
. Parking lifts shall be permitted only when operated by an attendant or a
licensed and insured valet parking company on a 24 hour/7-days-a-week
basis, to be confirmed by Restrictive Covenant to be recorded by the
owner/applicant prior to establishment of the use;
. No resident, guest, patron or customer of the building shall be permitted to
operate the parking lift. A physical barrier shall be placed in the parking area
to prohibit access to the parking lift area by residents, guests, patrons or
customers of the building;
. All parking lifts shall be maintained and kept in good working order;
. The parking lift platform must be sealed and of a sufficient width and length
to completely cover the bottom of the vehicle on the platform to prevent
dripping liquids or debris onto the vehicle below;
. All lifts must be designed so that power is required to lift the car, but that no
power is required to lower the car, in order to ensure that the lift can be
lowered and the top vehicle can be accessed in the event of a power outage;
. All parking lifts must be designed to prevent lowering of the lift when a
vehicle is parked below the lift;
. Ceiling heights of any parking level with parking lifts shall be sufficient to
accommodate all types of passenger vehicles. Such required height shall be
proposed in the traffic queuing study and approved by the City Engineer;
. Noise and vibration barriers shall be utilized to ensure that surrounding walls
decrease sound and vibration emissions outside of the parking garage;
. No automated parking system, other than the single vertical parking lifts
defined in Section 31-171 (a)(6)i., shall be permitted as a required parking
space unless first approved as a conditional use by the City Commission at a
public hearing following the procedures in Section 31-73 of the City Code.
THE REQUEST
The applicant, Cabi Aventura Hotel LLLP, is requesting a revIsion to the parking
requirements of the City's Land Development Regulations to permit mechanical parking
lifts as required parking spaces. (See Exhibit #1 for Letter of Intent)
DESCRIPTION OF THE PROPOSED AMENDMENT
The amendment proposed to Section 31-171 (a)(6) of the Land Development Regulations
is the following underlined text:
"ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS
Sec. 31-171. Off-street parking and loading standards.
(a) General. Every building, use or structure, instituted or erected after the
effective date of this chapter shall be provided with off-street parking facilities in
accordance with the provisions of this section for use of occupants, employees, visitors or
patrons. Such off-street parking facilities shall be maintained and continued as an
accessory use as long as the main use is continued.
2
(6) Size and character oF[ required parking. The following design requirements
shall be observed for off-street parking:
a. Size; parking stalls. Each parking space required and provided pursuant to the
provisions of this article shall be not less than nine feet in width and 18 feet in length,
except as provided in Section 31-171(a)(6)i. ...
d. Accessibility. In all zoning districts, the width of accessory aisles and driveways
shall be substantially in conformance with the standards set for in figure 31-171 (1). Every
space shall be accessible without driving over or through another parking space, except as
provided in Section 31-171(a)(6)i. ...
L Parkina Lifts. For the purposes of this section. "parkinQ lifts" shall be defined as
an electro-hydraulic mechanism in a multifamily residential buildinQ or in a non-residential
buildinQ that lifts a parked passenQer vehicle to make space available to park a passenQer
vehicle below it in a sinQle vertical tandem fashion. A parkinQ lift space may be counted
as a parkinQ space required by Section 31-171(b), and shall not be subiect to the
minimum parkinQ stall size requirements of Section 31-171(a)(6)a.. provided that all of the
followinQ conditions are fulfilled:
1) A traffic Queuinq analysis shall be submitted by the owner of the buildinQ for
parkinq areas usinq parkinq lifts. for review and approval by the City Manaqer. to
ensure efficient processinq times and Queue lenQths. The number of parkinq
lifts permitted to be counted as required parkinq spaces shall be determined by
the approved Queuinq analysis; and
2) All parkinq lifts shall be located within a fully enclosed parkinQ qaraqe and shall
not be visible from exterior view. No outside parkinq lifts shall be permitted: and
3) Parkinq lifts shall be permitted only when operated by an attendant or a licensed
and insured valet parkinq company on a 24 hour/7 -days-a-week basis. to be
confirmed by Restrictive Covenant to be recorded by the owner/applicant prior
to establishment of the use; and
4) No resident. quest. patron or customer of the buildinq shall be permitted to
operate the parkinq lift. A physical barrier shall be placed in the parkinq area to
prohibit access to the parkinq lift area by residents. Quests. patrons or
customers of the buildinq; and
5) All parkinq lifts shall be maintained and kept in qood workinQ order; and
6) The parkinq lift platform must be sealed and of a sufficient width and lenqth to
completely cover the bottom of the vehicle on the platform to prevent drippinq
liquids or debris onto the vehicle below; and
7) All lifts must be desiQned so that power is required to lift the car, but that no
3
power is required to lower the car, in order to ensure that the lift can be lowered
and the top vehicle can be accessed in the event of a power outaqe; and
8) All parkinq lifts must be desiqned to prevent lowerinq of the lift when a vehicle is
parked below the lift; and
9) Ceilinq heiqhts of any parkinq level with parkinq lifts shall be sufficient to
accommodate all types of passenqer vehicles. Such required heiqht shall be
proposed in the traffic Queuinq study and approved by the City Enqineer; and
10) Noise and vibration barriers shall be utilized to ensure that surroundinq walls
decrease sound and vibration emissions outside of the parkinq qaraqe.
i. No automated parkinq system, other than the parkinq lifts defined in Section 31-
171(a)(6)i., shall be permitted as a required parkinq space unless first approved as
a conditional use by the City Commission at a public hearinq followinq the
procedures in Section 31-73 of the City Code.
ANALYSIS
Section 31-171(a)(6)d., the section of the City Code regulating off-street parking, loading
and driveway standards currently provides that every off-street parking space required by
our Code shall be accessible without driving over or through another parking space. This
section, therefore, would not allow an automated parking lift space to be counted, since
one car would need to drive over the bottom space to access the top space.
Staff has met with the parking lift manufacturer that the applicant proposes to use for its
development. This manufacturer has provided the attached Operating Instructions and
specifications for its parking lifts, along with reference projects using its lifts. These lifts
are a hydraulic mechanism that lifts a parked vehicle to make space available to park a
vehicle below it in a vertical tandem fashion. Staff has contacted several of the
municipalities on that reference list to determine if there have been any concerns with this
type of parking. The following is a summary of comments received from those
municipalities:
City of West Palm Beach
City staff advised that they are receiving many requests for mechanical parking systems.
No regulations are currently in place. Until regulations are in place, applications are
reviewed by its Downtown Board. Applicants must provide a 24-hour valet service for the
lifts and the lifts must be located inside a parking garage or screened with plantings.
City of Coral Gables
City staff provided a copy of the City Code section regulating automated parking systems.
They permit self-service for two-level residential systems when the lift is available for one
4
residential unit. Systems are required to have an average delivery rate of five (5) minutes,
cannot increase the building mass to create a structure larger than permitted by the
underlying zoning district, must be located entirely within the confines of the building and
not visible to public view and the parking structure must be animated with architectural
detail to give character to the street. The City Commission considered and removed a
requirement for 24-hour attendant service for non-residential systems.
City of Sunny Isles Beach
City staff advised that mechanical parking lifts are permitted inside parking garages with a
restriction that no more than 20% of the required parking may be provided by the lifts. A
24-hour valet service is required to operate the lifts.
City of A ventura Experience
There is one residential development in the City that has used these parking lifts, which
were not allowed to be counted as required parking, but were allowed as additional
parking for the building. The lifts have been in use for over one year and the building
management advises that there have been no concerns with the mechanical operation.
The lifts are operated by their valet service company.
Staff recommends that other types of mechanical parking including robotic parking, where
the entire parking area is automated by way of a computerized lift, parking wheels and
parking racks, be subject to conditional use approval.
Standards for reviewing proposed amendments to the text of the LOR:
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment IS consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The proposed amendment is consistent with the goals and
objectives of the Comprehensive Plan. Specifically, Objective 10 of the Future Land
Use Element provides that "...the City shall continue to maintain, update and enhance
the municipal code, administrative regulations and procedures to ensure that future
land use is consistent with the Plan and to promote better planned development and
community with well designed buildings." This amendment will update and enhance
the municipal code to permit mechanical parking spaces with conditions that ensure
safe operation.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
5
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this
purpose. It sets out appropriate minimum standards for mechanical parking lifts.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides standards for mechanical parking lifts.
6
-
-
~~}()~ .~((\
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Bilzin Sumberg
T NE AT I. W
Stanley B. Price, Esq.
Tel 305.350.2374
305.351.2204
sprice@bilzin.com
July 16, 2007
VIA HAND-DELIVERY
Exhibit #1
01-lDR-07
Joanna Carr
City of Aventura
Government Center
192000 W. Country Club Drive, 4th Floor
Aventura, Florida 33180
JUL f
COMMUNITY
Re: Starwood Hotel
2777 Miami Gardens Drive, Aventura, Florida
Dear Ms. Carr:
LETTER OF INTENT FOR CODE AMENDMENT
Please consider this our formal letter of intent in connection with a proposed ordinance
to amend Section 31-171(d) of the Land Development Regulations for the City of Aventura.
This amendment, a copy of which is attached hereto, will provide for automated parking through
the use of parking lifts, robotic and mechanical parking systems.
Automated parking is currently utilized as a solution to overcrowded parking in a number
of South Florida localities. Specially, the City of Miami unanimously approved a similar
amendment under Section 917.14 of the Miami City Zoning Code in December of 2005. This
amendment was noted as a "system that seems to work... in many other parts of the world" and
as a "right move" towards resolving the City's parking situation.1 Additionally, the City of Miami
Beach recently approved an amendment under Section 130-68 of the City's Land Development
Regulations to permit robotic parking systems in areas where parking capacity has become a
concern.2 While this amendment will apply to garages located in the GU and CCC government
districts, many garages in the City of Miami Beach are government property but developed as a
joint venture with the private sector.
We find that our proposed amendment provides an alternative to projects that are unable
to meet the required parking threshold required by the City of Aventura. Similarly, we have
seen such beneficial results with both the St. Regis Hotel in the City of Bal Harbor and the
Beach House Condominiums in the City of Surfside. Here both projects were able to meet
parking requirements by implementing automated parking designs in their site plan proposals.
I Commissioner Winton, Minutes from the Miami City Commission hearing on December I, 2005.
2 The ordinance was approved on first reading and will be heard on second reading July 11,2007.
MIAMI 1361044.1 7548426759
7/6/079:53 AM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
200 S. Biscayne Boulevard, Suite 2500, Miami, FL 33131-5340 TeI305.374.7580 Fax 305.374.7593
-
Joanna Carr
July 16, 2007
Page 2
Based on the foregoing, we submit that the proposed ordinance be approved by the City
of Aventura. We thank you for your consideration and respectfully request your support.
@
SBP: JO/ka
Attachments
MIAMI 1361044.1 7548426759
7/6/079:53 AM
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
Autoparksysteme
Hermann-Krum-Str.2 . D-88319 Aitrach
Tel. +49-7565-508-0' Fax +49-75 65-59 24
e:;;,;
::~
Exhibit #2
01-lRD-07
/
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OPERATING INSTRUCTIONS
FOR
STACK PARKER G 61
10/97, Edition 1.0,@ KLAUS, Aitrach, Germany
Part No. 929.07.270
Realisation: Aerolog, Munich
The G 61 stack parker consists of a parking platform which
can be driven onto horizontally for one vehicle and one
parking space below said parking platform.
Before lowering the parking platform, the parking space
below the platform must be completely emptied.
Drivers who are physically handicapped (e.g. wheel-chair
users) may use the G 61 stack parker to some limited
extent.
GENERAL INSTRUCTIONS
If any unauthorized type of vehicle is parked on
the G 61 stack parker, your operating permit for
the system will be invalidated.
- All safety instructions must be strictly observed.
- Always keep your key safely.
- Never lend your key to unauthorized persons.
- Always make sure that your key is not accessible to
children.
- Only roadworthy vehicles are to be parked on the G 61
stack parker.
Do not deposit any vehicles out of order, parts of
vehicles or any other miscellaneous objects on the
platform nor on the parking space below the platform.
Do not misuse the G 61 stack parker as a car hoist or
as an elevator for people.
,
.
For details on authorized vehicle types,
maximum weights and dimensions, please see
chart on the last page.
For safety reasons the platform is equipped with a
whee/stop for one front wheel. This wheelstop must be
correctly adjusted to your vehicle by an authorized and
instructed person before you use the platform for the first
time.
~
a".'..'."'....!.a......'.........1
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l cm.......-....,...'.. 0 \...... .i...................'.....,..'...'......'....,'.....,..,..'....'..'.','
"'..'.' ..1.' '/1
"ok ...,'.",.....',.,....
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If the wheelstop adjustment is not carried out by
an instructed person, your operation permit for
the parking system will be invalidated.
,
Danger of serious damage!
Only drive onto platform with the vehicle type to
which your parking system is adjusted.
.
IN CASE OF MALFUNCTION
Do not carry out any repair works of the stack parker on your
own.
In case of malfunction immediately call:
- the caretaker in charge of the parking system
- or the local maintenance service
Te/ephone No.: _ _ _ _ _ _ _ _ _ _ _ _ _
IN CASE OF EMERGENCY
- Immediately push the red "EMERGENCY-STOP"
button.
- In case of imminent danger or if there is anyone
trapped or injured, call the local emergency services
(Police Dept.. Fire Dept., Ambulance etc.)
Telephone Nos.: _ _ _ _ _ _ _ _ _ _ _ _ _
SAFETY REGULATIONS
- Only park your vehicle at walking speed forwards, i.e.
front-first, do not reverse into parking space.
- Keep people and pets away from the platform's area of
movement = danger zone.
- Do not operate/move the platform if there are people,
pets or any miscellaneous objects either on top or
below the platform.
4.. WARNING - danger of serious injury!
AaDanger of being crushed between platform and
garage f1oor/ carriageway!
~
~~J~
- Never allow passengers and pets to get on or off the
vehicle still parked on the platform or on the parking
space below the platform.
- Never load or unload a vehicle parked on the platform
or on the parking space.
- Never do any repair works on a vehicle parked on the
platform or on the parking space.
- If your garage has a door, always take care when
operating it and make sure that nobody (particulary
children) is left in the garage when you close the door.
~
If the stack parker is installed on an outdoor
site, platform and parking space will have to be
kept free of snow and ice.
PARKING/PARKING OUT OF A VEHICLE &
DRIVING AWAY
Before parking a vehicle the first time
Make sure that it is REALLY your parking space in front of
you and that the wheelstop is correctly adjusted to YOUR
vehicle and that the whee/stop is fully tightened.
Before parking generally
- Make sure that the parking space and the platform are
clean and free of obstructions
- Have passengers and pets get off the vehicle before
you drive onto the stack parker.
- Unload your vehicle before driving onto the stack
parker.
- Check and make sure that neither people nor pets are
in the platform's area of movement = danger zone.
- Ask an adult person to assist you and to monitor the
entire parking procedure.
- Switch on garage lighting if necessary.
If necessary, remove roof rack/s and non-retractable
antenna/so Retract retractable rod antenna/so Fold
external mirrors back.
. .'
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j ~l r.~
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.' ." '.' ,.: ' ,. (j'~'
- If your vehicle is equipped with adjustable hydraulic
suspension (e.g. Citroen), select the middle setting for
your vehicle.
RAISING AND LOWERING OF THE PLATFORM
,
Before lowering the platform, empty the space
below the platform completely. Make sure that
no objects protrude from the opposite and/or
adjoining parking system.
.
- Do not move/operate the platform, if there are people,
pets or any miscellaneous objects either below or
directly near the platform.
A
4.. Warning - danger of serious injury!
.. Danger of being crushed between platform and
garage floor/ carriageway!
- In case of emergency push immediately the red
"EMERGENCY-STOP" button. After release of the
pushed "EMERGENCY-STOP" button, the raising/
lowering process may be continued.
- Keep your feet and/or other parts of your body well
away from the platform danger zone.
JL~\ ~
~,..:
- Insert the key in the operating element.
- Turn the key in the required direction as indicated by
the arrow and keep the key in this position. The
platform either ascends or descends. The process will
be interrupted as soon as you release the key.
- Keep the key in the desired position until the platform is
locked in the upper position and/or is lowered
completely.
Never leave the platform in an intermediate
position.
The platform is locked only in the upper=raised
position.
- Remove the key.
~
PARKING A VEHICLE
Danger of serious damage! - Make sure that
the platform is locked in the upper=raised
position and/or is completely lowered.
- For this purpose insert key in the operating element
and keep key in the desired direction.
- Drive forwards = front-first at walking speed either onto
,
the platform until the front wheel touches the wheelstop
or into the parking space.
Reverse parking is STRICTLY FORBIDDEN.
,
The vehicle must be positioned straight and
within the platform's outlines (mirrors).
Do not drive over/ across the wheelstop.
Pull the parking brake firmly and engage first gear. If
your vehicle is equipped with automatic transmission:
position the automatic gear-shift lever in uP".
.4t
-t
~
If your vehicle is equipped with adjustable hydraulic
suspension, fully lower suspension.
- Switch off the engine.
- Remember when getting off your vehicle:
Pay attention to limited headroom.
&.. Danger of serious injury!
&& Never reach beyond platform outlines.
PARKING OUT A VEHICLE AND DRIVING AWAY
- Remember limited headroom of the parking space
when getting on the vehicle, step carefully on platform.
4.. Danger of serious injury!
&a Never reach beyond platform outlines.
- Only let passengers get on the vehicle after having left
the stack parker with your vehicle.
- Do not load your vehicle as long as parked on the
parking system.
- If your vehicle is equipped with adjustable hydraulic
suspension, select middle setting.
- Check the exit area behind you.
- Reverse slowly and carefully off the platform.
MAINTENANCE
- Check monthly whether the front wheelstop is still fully
tightened, check whether front wheelstop has
dislocated.
- Immediately inform the caretaker in charge of the
parking system as soon as you notice any loose parts,
oil stains/leaks, suspicious noises etc. on the parking
system.
- Observe separate General Maintenance Instructions.
If your parking platform has not been used for a period
exceeding six months:
- Raise and lower the platform several times without a
vehicle parked on it and visually check the parking
system.
- Afterwards park your vehicle as usual.
If your stack parker has not been used for a period
exceeding 12 months, we recommend that it is serviced by
the local representative of KLAUS.
Maximum Authorized Dimensions and Weights
G 61-170-200 (KI.AVS] KLAUS Auto-Parksysteme GmbH
Type Hermann-Krum-Str. 2
minimum height 3.30 m* D-88319 Aitrach
I Type G 61 - 170~200 Max.
Op. Press. bar
Please cross o Upper I 0 Lower
appropriate platform Year of Max.
platform platform Constr. Stat Press bar
- Serial Max. Load per
No Parking Space kg
Standard passenger Standard Standard
vehicle/ standard station passenger passenger Type Number of
Approval No Parking Spaces
wagon vehicle vehicle Drive
C( Capacity kW
Standard station wagon Standard Standard
station station Noise emission during raising/lowering: 70 dB(A)
wagon wagon
Max. vehicle length 5.00 m I 5.00 m
Max. vehicle height
please insert
Max. vehicle width 1.90 m 1.90 m
Max. vehicle weight 2,000 kg -
Max. wheel load 500 kg -
* Height is the headroom between finished floor and the lower edge of the ceiling.
Also relevant documents are:
Operating Instructions Plate (Part No. 929.07.290), Adjustment Instructions (Part No. 929.07.330),
General Maintenance Instructions (Part No. 929.06.010) und Servicing Instructions (Part No. 929.07.310).
I hereby confirm that I have been fully instructed in accordance with the regulations as to the safe
operation of G 61 stack parker.
I also confirm that I have read and fully understood the above operating instructions.
Datel signature ---------------------- ------------
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Official Vehicle Registration No.:
I Type of Vehicle: I
I Parking Space No.: I
GENERAL NOTES:
STACK PARKER MODEL G61
Vertical Clearance Required:
o 1 0' -6" two cars
o 11 '-6" car above + suv below
o 12' -6" car above + large suv below
o 13'-6 two suv's
. Valet Parking
Preferred
. Shared Parking
Allowed within same unit owner
. Equipment Weight 2,000 pounds per lift
. Equipment Load Capacity 5,000 pounds per platform
· (1) Power Pack per (12) Lifts Average
. Each Power Pack req's 1-(3) Phase (208) Volts and (30) amp's Disconnect
. Floor Load Capacity 100 pounds per square foot for Elevated Slabs
. Slab on Grade
6 inch depth
. Embedment Plates
10" x 10" x 111" thick for PT Slabs, 4 per lift
. Fabrication
(3) months, Aitrach Germany
. Loading
(12) Lifts per (20' Open Top Container)
. Shipping/US Customs
(1) month
. Installation
(1) week per container
. Permits
Electrical/Mechanical/Structural
. City of Miami
Class II Special Permit per ordinance 917.14
. Fire Sprinkler
Upper and Lower vehicles, side wall 16' throw
. Warranty
1 year parts and labor from time of building TCO
. Cost
$8,500 per lift TURNKEY (2008 delivery)
[KIA V S] Auto-Parr.....ysteme GmbH Stack Parker Series G 61 (Horizontal)
Herrnann-Krum-Str 2 D-883 i 9 Aitrach :( EI EB (Single Platform) = 2 vehicles
Tel 0 75 65! 508-0 Fax 0 75 65! 508-88
httpllwwwklaus-autopark.de e-mail: Into@klaus-autoparkde ~
Basement
garage
2'8'
18'
t t
1 '6"
n
Free space
/
Space requirements are mini-
mum finished dimensions in inch
~
~
/
Free space /
--~
\
\
\
Co
"'I
for divldln walls:
cutting through 10 xl 0 (for ducts
for cables, pipes etc.) of dividing wall
I
PLEASE NOTE: Before lowering
the platform the lower vehicle
must be removed.
Co
17'1" (for vehicle up t~i 6'5~ long)
<17'9" (for vehicle up to i 7' 1" long)>
Garage with door 2'8' j 1'8"
in front of the I t Free space
for door
car parking system [
Free space
Space requirements are rr;;nj~ Co
mum finished dimensions in inch N
for dividin walls
cutting through 10 x 10
(for ducts for cables. pipes
etc) of dividing wall
I
PLEASE NOTE: Before
lowering the platform the ~
lower vehicle must be ~
::= I Co
removed, 0
'"
I
t-
17'7" (for vehicle up to 16'5" long)
<18'3" (for vehicle up to 1 T 1" long)>
Type H DH Suitable for Maximum vehicle dimensions
G 61-160 10'6" 5'3" upper: standard passenger cars & station wagons. max, veh. height 4'11" Length 16'5" <11'1">
lower: standard passenger cars & station wagons, max. veh, height 4'11" Height see "S uitable for"
G 61-170 10'10" 5'7" upper' standard passenger cars & station wagons, max. veil, height 4'11' Width 6'3'
lower: standard passenger cars & station wagons, Illax veh. helghI5'3" Weight 2,000 kg
G 61-180 11'2" 5'11" upper: standard passenger cars & station wagons. max. vetl11eight 4'11" WI1eelload 500 ~g
lower: standard passenger cars & station wagons, Illax. veh. height 5'8"
G 61-190 11'6" 6'3" upper: standard passenger cars & stalion wagons, max, veh. height 4'11"
lower: standard passenger cars & station wagons, max. veh. helgtrt 6'
G 61-200 11 '10" 6'7" upper: standard passenger cars & stalion wagons, max. veh. 11elght 4.11.'
lower: standard passenger cars & station wagons, max. veh, height 6'3"
G 61-210 12'2" 6'11 " upper: standard passenger cars & station wagons, max. veh. heighI4'11"
lower: standard passenger cars & staiion wagons, max. veh helghl67"
If dimellsion height "H" is increased by customer, correspondingly higher vehicles may be parked 011 the upper platfarm(s).
Widths - Basement L.-.A.rage
Series G 61 (Horizontal)
All space requirements are rnilllmum flnis!led dimensions in em
Dividing
Walls
Internal
Columns
External
Columns
Single Platform (EB)
Dl
b
~
[TI"*
~oo
.... EB !:B! C.
__JL~
~--~~--H-~-H~
~.....~
I i
I EB! EB !
--1---l--
~~
Twin Unit (2 x EB)
Triple Unit (3 x EB)
1:1 EB I EB
j B1
EB EB EB
B1
Carriageway in acc?rdance
with local regulatIons
1
",00
E '.q-
EB EB I EB I EB I EB I EB I
I
I B2 B:1
r-
EB I EB i EB I EB I
l~~
B2j~
rr== .'
1111
EB I EB I EB
rTI
EB I EB I EB I
[:..IU'I.. .. f=P
.. I I I
..l EB I EB I EBI EB I
.. I ~ w--
~-~-t+-~~ I )
I
i
I
fj
85
~'
B4
Usable Dividing Internal External
Platform Width Walls Columns Columns
B, B, B3 SA B5
1'7" 8'7" 8'5" 8'3" 8'3" 1'11 "
EB 1'11 " 8'11 " 8'9" 8'7" 8'7" 8'3"
8'3" 9'3" 9'1" 8'11 " 8'11 " 8'7"
1'1" 11'1 " 16'11 " 16'9" 16'9" 16'6"
2 X EB 1'11 " 11'9" 11'1" iTS" 17'5" 1 7 '1"
8'3" 18'5" 18'3" 18'1 " 1 8 '1" 11'9"
1'1" 25'8" 25'6" 25'4" 25'4" 25'
3 x EB 1'11 " 26'7" 26'5" 26'3" 26'3" 26'
8'3" 27'7" 21'S" 21'3" 27'3" 26'11 "
c=J Standard width = parking space width 7'7"
PLEASE NOTE:
. End parking spaces are generally more difficult to drive into. Therefore we recommend for end parking spaces
our wider platforms.
. Parking on standard width platforms With larger vehicles may make getting into and out of the vehicle difficult.
This depends on type of vehicle, approach and above allan the individual driver's skill.
. Widths - Garage with door III front of the car parking system
All space requll'ements are minimum finished dimensions in inch
Series G 61
(Horizontal)
Single Platform (EB)
Twin Unit (2 x EB)
B',EB.
tDl
~ "*=
1jj jj-h
~
EB EB I
Irtll
II EB I EB I
a I ]
L II jj-h
1-- DF ~
[I...BI IE . iii'
..1 EB 1 EB I. EB I EB 1
1 I I i ~
~ - r" Fi
t---QF u F
1jj ~ fPS
~~
I Carri.2,98way in accordance
\rVlth loea; regulat!onf:.
Usable OF L S
Platform Width
7'7" 7'10" 5" 10"
EB 7'11 " 8'3" 5" 10"
8'3" 8'3" 6" l'
7'7" 15'?" 9" 1'6"
2x EB 7'11 " 16'6" 8" 1 '4"
8'3" 17'1" 8" 1'4"
DF = door entrance width
Door dimensions require coordination
with door supplier.
I Approach
These illustrated maximum approach angles
must NOT be exceeded. Incorrect approach
angles will cause SERIOUS MANEOUVRING
& POSITIONING PROBLEMS on the parking
system for which the local agency of Klaus
accepts no responsibility.
Load plan
forces in kN
dimensions in inch
.4
I
6.6:t1.4
~I
17'1" <17'9"> ~
EB
liT 3,,11
L~~
l Jnits RrP holtpri to thp floor nrillinn ripnth r=lOorox 6"
.Instal.lation Data
Garage ventilation, drainage, heating, electrical wiring
Series G 61 (Horizontal)
dimensions In inch I
18'9")
Bl-+5
t- 12
t1--
-ohr~-~ 'Ii
~::r
111
::
1 )~
(88")
Bl~-2,5
Free space for longitudinal and vertical ducts (e.g. ventilation)
~'
~
@9:> 1;~' !I~i
E ~ .i~. · I
--;. t- -
EB.. Ii EB :1'.11
I' ' / I,
~~ Ii
B:: -H---
(8'5") ;:OS., (1611")
(S'W)
B~ +2.5
12~
il It
I
III
i
11
EB
B?
ilj
t
B, ~ dimenSion for dividing wall,:
(see Inside page)
Free space for vertical pipelines,
ventilation branch canals
II
L_~
Free space for rlO'izonlal
ducting
Example for ventilation
branch canal andior
vertical pipelines
----.
I
Free space only applicable if vehicle is
parked forwards = with FRONT FIRST
and dr'iver's door on the left side.
( )-dimensions il!ustrate an example for
usable platforlTl width 7'7"
dimensions in inch
Electrical Data
Generally to be effected by customer:
. electrical wiring 5 x 2.5 mm2 per unit
. delayed-action mains fuse 3 x 16 A
per unit
. "EMERGENCY-OFF"/main power
supply switch, lockable, per unit
Electrical wiring:
Electrical wiring is carried out by the
customer or by the local agency of Klaus
in accordance with our circuit diagram/so
(Please see the respective quotation at
hand)
Technical Data as
of issue 06/98:
We reserve the right to change this
specification without further notice.
Stamp
Units
Cable conduits and recesses for operating
element
exposed 1_ concealed
3'8" above
Carriage-W-~ CJ I 1 ~
w,y'e"'g "I 0 I "'If~B B ---'" ~~;,~~:
_~J C') I~ way level
~ ~
~~ <r' Ii~f
~ Armoured conduitPG 16
Armoured conduit (flexible)PG 16
Low-noise power urlits mounted to
rubber-banded-to-metal mountings
are installed. Nevertheless we
recommend to build the parking
system's garage separately from
tile dwelling house
Safety railings
flny safety railings ,^!hich becolTle necessary due to the
installation of the system at access points, walkways,
traffic lanes etc. will have to be provided/paid for by
customer.
J The following documents can be supplied upon request:
wall recess plans
lest shee; on airborne and s'Jlld-borne SOLlnd
-- -------
REFERENCE PROJECTS USING KLAUS PARKING LIFTS
City of Miami
. "Latitude on the River", Condominiums, EA Fish, Suffolk, Arquitectonica, (101) 2015
lifts. (Completed)
. "Latitude One" , Office, EA Fish, Suffolk, Arquitectonica, (81) KLAUS model 2015's,
(Completed)
. "Grove Club" Condominiums, Deep Stream Development, Borroto and Associates
Architects, (12) Klaus G61 lifts (8) Klaus 2015. (Completed)
. "Shamrock at the Gables", Condominiums, Branko Vuckovich, (14) Klaus G61 and
(25) Klaus 2015 lifts (Completed)
. "Ten Museum", Condominiums, Greg Covin, Chad Oppenheim, (134) Klaus G61 lifts.
. "2915 Biscayne" Office Building, (6) KLAUS G61 Lifts.
(Completed)
. "3333 Rice", Condominium, Rafael Gutierrez, (9) KLAUS G61 Lifts. (Completed)
. "105 on the Bay", Condominium, Pedro Bravo Architects, (20) KLAUS G61 Lifts.
Sunny Isles Beach
. "AcQualina" Condominiums, Robert Swedroe Architects, Jules Trump, Pavarini
Construction, (106) Klaus G611ifts (2) Klaus 2015 lifts. (Completed)
. "Le Meridien" , hotel-condo, Kobi Karp Architects, Fortune International Realty, Pavarini
Construction, (50) Klaus 2015 lifts. (Completed)
. "Sayan" Condominiums, Sieger Suarez Architects, Joe Milton, (42) Klaus G61 lifts.
. "Turnberrv Ocean Colony PH 1" Condominiums, Arch Tec, Jose Tunon, Turnberry
Associates, Greg Warren, Robert Swedroe Architects, (49) Klaus G61 lifts.
(Completed)
. "Turnberrv Ocean Colony PH 2" Condominiums, Arch Tec, Jose Tunon, Turnberry
Associates, Greg Warren, Robert Swedroe Architects, (46) Klaus G61 lifts.
. "Jade Beach", Condominiums, Fortune International Realty, (8) G61 Lifts.
. "Oa Vinci", Condominiums, Kobi Karp, (62) KLAUS G61 Lifts.
Surf Side/Sal Harbor
. "Spiaaaia", Condominiums, Kobi Karp AiA, (20) G61 + (40) 2015 + (5) 3015 Klaus lifts.
(Completed)
. "Beach House" Condominiums, Jerry Gascovich, Jorge Brugo. (84) G61 KLAUS lifts.
. "St. Reais Bal Harbour", Hotel-Condo, Sieger Suarez, Related Group, KLAUS G61
Lifts.
1
REFERENC1~; PROJECTS USING KLAUS PARKING LIFTS
Aventura
. "Bella Mare", Condominiums, Robert Swedroe Architects, Coastal Construction, (43)
Klaus G61 lifts. (Completed)
. "Hochstein Kane", Medical Office Building, Kobi Karp, ITASCA Construction Company
(119) KLAUS G61 Lifts
Fort Lauderdale
. "Pelican Beach Resort" Hotel, George White and Associates Architects, Parlin
Construction (70) Klaus G61 lifts. (Completed)
. "Proaresso Lofts" Condominiums, Rene Lepine, (22) Klaus 2062 in-ground lifts.
. "W" Hotel, Adache Group AiA, (40) G61 lifts.
. "Luna East" Condominiums, Lauris Boulanger Construction, (27) G61 Lifts.
(Completed)
. "Coconut Grove" Condominiums, Ron Mastriana, Jim Trunzo AiA, James A Cummings
Construction (39) G61 lifts. 2007
. "Trump Las Olas" Condominiums, Oscar Garcia AiA, (39) KLAUS G61 Lifts.
. "Trump International", Hotel-Condo, Oscar Garcia AiA, Stiles Construction (180)
KLAUS G61 Lifts.
Coral Gables
. "900 Ponce", Office, George Diaz, MED of Miami Contractors, (40) Klaus G61 lifts
. "CEC South", Custom Mag Wheel Shop (2) Klaus G61 lifts.
. "Allstate Insurance Office", Ignacio Borbolla (3) Klaus G61 lifts. (Completed)
. "Ponce Towers" Condominiums, Juan Carlos Menedez, Corwill AiA, (106) Klaus G61
Lifts.
. "247 Malaaa", Condominiums, JC Menedez, Thorn Grafton AlA, (21) G61 lifts.
West Palm Beach/Boca Raton
. "The Harrick", Hotel-Condo, Spina Architects, (24) KLAUS 3015 Lifts
. "Amrit", Hotel-Condo, Sumant Kachru Developer, (156) KLAUS G61 Lifts.
. "Luxuria", Condominium, Trump of Williams Island, Derek Vander Ploeg Architects, (12)
KLAUS G61 Lifts.
2
REFERENCb PROJECTS USING KLAUS PARKING LIFTS
Columbus Ohio
. "Lofts @ 106", Condo's by John Barnes Architects, Ruscilli Construction, (50) Spaces
using the KLAUS model #2062 lift. (Completed)
. "Carlvles Watch", Condo's by Tim Welsh Architects, Ruscilli Construction, (55) Spaces
using the KLAUS model #P310 parking system. (Completed)
. "8 on the Sauare", Condo's by Glavan Architects, Ruscilli Construction, (46) Spaces
using the KLAUS model #P31 0 parking system.
Boston Massachusetts
. "The Metropolitan", Condo's, by The ArchitecturalTeam, Suffolk Construction, (64)
KLAUS lifts model #G61. (Completed)
. "Boston Bodv Works", Commercial, Pat Cibotti owner, (10) KLAUS lifts model # G61.
(Completed)
. "Battery Wharf", Condo's by The Architectural Team, Skanska Construction, (187)
KLAUS lifts model #G61,
. "Pier One", Condo's by Addinc Architects, Skanska Construction (200) KLAUS lifts
model #G61,
3
APPLICANT REPRESENTATIVE AFFIOA VIT
Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby
made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is
identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all
persons representing the individual or entity applying for the Development Permit in connection with the application, as follows:
Name
Relationship (i. e. Attorneys, Architects,
Landscape Architects, Engineers, Lobbyists,
Etc.)
Jacobo Cababie
Developer
Victorina Jimenez
Developer
Stanlev B. Price, ESQ.
Attornev
Brian S. Adler, ESQ.
Attornev
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF
THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT
PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS \ L DAY oFD.ece mpff ,2007.
Cabi Aventura Hate,
partnership
By:
Name:
Title:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared Ta lobo Cab(l~l~ the authorized representative of the Applicant
and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that helshe
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this Ibday of "De C €.\'Vlb
Notary Public State of Florida At Large """~'::"'" Giselle Gonzalez , r_ . (e \\ ~ eLl D n 2.D l-e 'L.
~"$'" ~~<:- ~ ., ~nnted Name of Notary ~I'
[:{@ "::~Co~sslOn 10041184 y commission expires: '3. 2.~ . 0'1
-:''"-7:.~:~':Expll'es: MAR. 27,200
.......<~.. .~..~"
"'"f,';,;;,"" WWW.AARONNoTARY.com
MIAMI 1465177.1 7755327895
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x" applicable portions only)
b4 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board
(or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
-.Ju '-'1 , 2007.
By:
(Signature)
.\1"'" G' II G 1
~"~~~~:'!'~~'-:. lse. e onza ez
~:<:~t':<;ECOmmission #DD411849
-:.~.;......~~Expires: MAR. 27,2009
"",~~,~"" WWW.AARONNOTARY.cOITi
APPLICANT:
"The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
7/9/2007
MIAMI 1360630.1 7755327895
7/9/072:36 PM
10
-.
.................II...~....:.=.:....:.:~..~"'.~.........
: - i -;~ 1
, 1
~~ofti~
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code, The undersigned Affiant hereby discloses that:
(mark with 'x' applicable portions only)
1>41,
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented,
[ ] 2,
Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves),
The nature of the Business Relationship is as follows:
[ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[] ii, Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ ] iv, A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board
(or his or her employer) in a given calendar year;
[] vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000,00 of the business of the Applicant or Representative in a given calendar year,
APPLICANT:
-Juci
.
,2007,
By:
(Signature)
"The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
7/9/2007
MIAMI 1360630.1 7755327895
7/9/072:36 PM
11
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with "x" applicable portions only)
~1.
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented.
[ ] 2,
Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ ] ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[] iv, A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board
(or his or her employer) in a given calendar year;
[ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS ~ DAY OF -..\VL-'1 ,2007.
By:
(Signature)
"The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
7/6/2007
MIAMI 1360630.1 7755327895
7/6/079:46 AM
12
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code, The undersigned Affiant hereby discloses that:
(mark with "x" appl' Ie portions only)
Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to
which the application will be presented,
[ ] 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves),
The nature of the Business Relationship is as follows:
[] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[] iv, A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v, The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000,00 of the business of the member of the City Commission or Board
(or his or her employer) in a given calendar year;
[ ] vi, The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000,00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS ----0- DAY OF _.1 v L,-\ ' 2007,
APPLlCArtT7\)~_.__
By: "--~
Brian S. Adler
Attorney
(Signature)
*The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
7/6/2007
MIAMI 1360630.1 7755327895
7/6/079:46 AM
13
WITNESS MY HAND THIS
DAY OF
,200_.
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By:
By:
Name:
Name:
Title:
Title:
By:
Name:
Title:
By:
Name:
Title:
By:
Name:
Title:
By:
Name:
Title:
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-
71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to
consideration of the application by the City Board or Commission, the information provided in the
Affidavit becomes incorrect or incomplete.
7/11/2007
MIAMI 1360630.1 7755327895
7/11/0712:46 PM
14
WITNESS MY HAND THIS _ DAY OF
,200_.
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: By:
Name: Jacobo Cababie Name:
Title: Manaqer Title:
By: By:
Name: Victorina Jimenez Name:
Title: Develo~er Title:
By: f3~ By:
I
Name: Brian S. Adler Name:
Title: A:j Title:
By: CZ) ~ By:
Name: Stanley B, Price Name:
Title: Attorney Title:
By: By:
Name: Name:
Title: Title:
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-
71 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to
consideration of the application by the City Board or Commission, the information provided in the
Affidavit becomes incorrect or incomplete.
7/6/2007
MIAMI 1360630.1 7755327895
7/6/079:46 AM
14
STATE OF FLORIDA }
COUNTY OF MIAMI-DADE}
NOTARIZATION PROYISION
Before me, the undersigned authority, personally appeared JACOBO CABABIE the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct.
Jacobo Cababie, Developer
,2007.
SWORN TO AND SUBSCRIBED before me this ~ day of J lJ I Y
\\111'" G' II a1
~~~Y'!'!'~"" lSe e Gonz ez
g:<J.;'r.~CommiSSion #DD411849
~;?~.....~:~Expires: MAR. 27,2009
"-'II~\j~"\" IJ(11!l.)/ .,:~ ~ (?f)N N DTARY,carr:
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE}
Before me, the undersigned authority, personally appeared VICTORINA JIMENEZ
this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this \ z.. day of J J I ,-}
\\ \'"11,,/ -. ~
,...,'~Y.,!(j';", lil~t:ll"
[!'A'r.~COmmiSSion #DD41] BJ;,
~;?":':.....~~Expires: MAR, 27,2000
';~' OF 'f\.\l\'
'1/1111"\\\ WWW .All\RO;; .,j,~,:., _,
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE}
Before me, the undersigned authority, personally appeared STANLEY B. PRICE. ESQ.
executed this Affidavit for the purposes stated therein and that it is true and correct.
~
SWORN TO AND SUBSCRIBED before me this 'I day of ~, 2007.
__,...~~~;,.;:.~.,\~ I ~:~:' '. '?
{;;:~&.~ij ~~~:~\5iO,~U~,-~2~';2~~~
""',~oi='~~,,' A.~ N
"//11I1\\\\ WWW.lU1AON.OTAXY.com
7/11/2007
MIAMI 1360630.1 7755327895
7/11/0712:44 PM
Notary Public lorida At Large
6t \5e \l e GDn 2.,0. \0
Printed Name of Notary :6 ""-:1 ;-.C.
My commission expires: . (.., . V- I
Victorina Jimenez, Developer
,2007.
~
Notary Public State of Florida At Large
Gt\se\\-e.. GoV")'V:JeJL
Printed Name of Notary " .,., O~
My commission expires: ..=>. v ( .
the Affiant, who being first by me duly sworn, did swear or affirm that he/she
Stanley B. Price, Esq.
Printed Name of Notary
My commission expires:
15
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared BRIAN S, ADLER. ESQ,
this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED before me this U ~ay of ~, 2007.
the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed
{S/
/,.~
\ .'
,,' .' ''''" S. Ad.', E".
\\,UIII/
.l~~~~~~'-:;. Kyra Albarracin
g~(@-"r. ~Commission # DD~962
:,~'A.~:-Exp' AUG 22 2<'1ns
~r..i"'" .~".:- l1'es: "III.'
"" OF f\: ",
",,,,,,,\ WI.1W,AARo....NoT.m,com
Printed Name of Notary
My commission expires:
7/6/2007
MIAMI 1360630.1 7755327895
7/6/079:46 AM
16
ORDINANCE NO. 2008-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-171(a)(6) "OFF-STREET
PARKING, LOADING AND DRIVEWAY STANDARDS" OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO
PERMIT MECHANICAL PARKING LIFTS TO BE COUNTED
AS REQUIRED PARKING SPACES SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide for automated parking through the use of parking
lifts, robotic and mechanical parking systems, subject to certain conditions; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
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 this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-171(a)(6) of the City's Land Development Regulations is
hereby amended as follows 1:
"ARTICLE VIII. OFF-STREET PARKING, LOADING AND DRIVEWAY STANDARDS
Sec. 31-171. Off-street parking and loading standards.
(a) General. Every building, use or structure, instituted or erected after
the effective date of this chapter shall be provided with off-street parking facilities in
accordance with the provisions of this section for use of occupants, employees, visitors
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2008 -
Page 2
or patrons. Such off-street parking facilities shall be maintained and continued as an
accessory use as long as the main use is continued.
(6) Size and character OF[ required parking. The following design requirements
shall be observed for off-street parking:
a. Size; parking stalls. Each parking space required and provided pursuant to
the provisions of this article shall be not less than nine feet in width and 18 feet in
length, except as provided in Section 31-171(a)(6)i. ...
d. Accessibility. In all zoning districts, the width of accessory aisles and
driveways shall be substantially in conformance with the standards set for in figure 31-
171 (1). Every space shall be accessible without driving over or through another parking
space, except as provided in Section 31-171(a)(6)i. ...
L. Parkina Lifts. For the purposes of this section, "parkinq lifts" shall be defined
as an electro-hydraulic mechanism in a multifamily residential buildinq or in a non-
residential buildinq that lifts a parked passenqer vehicle to make space available to park
a passenqer vehicle below it in a sinqle vertical tandem fashion. A parkinq lift space
may be counted as a parkinq space required by Section 31-171(b), and shall not be
subiect to the minimum parkinq stall size requirements of Section 31-171(a)(6)a.,
provided that all of the followinq conditions are fulfilled:
1) A traffic Queuinq analysis shall be submitted by the owner of the buildinq for
parkinq areas usinq parkinq lifts, for review and approval by the City
Manaqer, to ensure efficient processinq times and Queue lenqths. The
number of parkinq lifts permitted to be counted as required parkinq spaces
shall be determined by the approved Queuinq analysis; and
2) All parkinq lifts shall be located within a fully enclosed parkinq qaraqe and
shall not be visible from exterior view. No outside parkinq lifts shall be
permitted; and
3) Parkinq lifts shall be permitted only when operated by an attendant or a
licensed and insured valet parkinq company on a 24 hour/7 -days-a-week
basis, to be confirmed by Restrictive Covenant to be recorded by the
owner/applicant prior to establishment of the use: and
4) No resident. quest. patron or customer of the buildinq shall be permitted to
operate the parkinq lift. A physical barrier shall be placed in the parkinq area
to prohibit access to the parkinq lift area by residents, quests, patrons or
customers of the buildinq; and
Ordinance No. 2008 -
Page 3
5) All parkinq lifts shall be maintained and kept in qood workinq order; and
6) The parkinq lift platform must be sealed and of a sufficient width and lenqth to
completely cover the bottom of the vehicle on the platform to prevent drippinq
liquids or debris onto the vehicle below; and
7) All lifts must be desiqned so that power is required to lift the car, but that no
power is required to lower the car, in order to ensure that the lift can be
lowered and the top vehicle can be accessed in the event of a power outaqe;
and
8) All parkinq lifts must be desiqned to prevent lowerinq of the lift when a vehicle
is parked below the lift; and
9) Ceilinq heiqhts of any parkinq level with parkinq lifts shall be sufficient to
accommodate all types of passenqer vehicles. Such required heiqht shall be
proposed in the traffic Queuinq study and approved by the City Enqineer; and
10) Noise and vibration barriers shall be utilized to ensure that surroundinq walls
decrease sound and vibration emissions outside of the parkinq qaraqe.
i. No automated parkinq system, other than the parkinq lifts defined in Section
31-171 (a)(6)i., shall be permitted as a required parkinq space unless first
approved as a conditional use by the City Commission at a public hearinq
followinq the procedures in Section 31-73 of the City Code.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Ordinance No. 2008 -
Page 4
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
PASSED on first reading this 8th day of January, 2008.
Ordinance No. 2008 -
Page 5
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO L
H
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of February, 2008.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, I
City Manager
TO:
City Commission
BY:
Joanne Carr, AICp 1/'
Planning Director"--1,-
DATE:
December 3, 2007
SUBJECT:
Proposed Amendment to Section 31-144(e) of the Land Development
Regulations to add display showrooms as a conditional use in the OP, Office
Park District (01-LDR-08)
January 8, 2008 Local Planning Agency Agenda Item '-II;
1st Reading January 8,2008 City Commission Meeting Agenda Item 1fi
2nd Reading February 5, 2008 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the request for an amendment to
Section 31-144(e) of the Land Development Regulations to add display showrooms with
those conditions listed in the ordinance as a conditional use in the OP, Office Park District.
THE REQUEST
The applicant, G & D Aventura, LLC, is requesting a revision to the Office Park (OP)
zoning district of the City's Land Development Regulations to add display showrooms as a
conditional use in that zoning district, with the following conditions:
1. Showrooms shall be established only in conjunction with a professional or
business office located within the same unit;
2. Showrooms shall be located only on the ground floor of a building;
3. Only samples related to the professional or business office use shall be
displayed in the showroom;
4. The samples displayed in the showroom shall not be sold to end users;
5. Inventory shall not be stored in the showroom;
6. Samples delivered to the showroom shall be utilized for display purposes
only;
7. Samples shall not be delivered to or from the showroom for use by end users;
8. Samples delivered to the showroom for display purposes shall only be
delivered to the showroom within normal business hours of the office building
in which the showroom is located.
(See Exhibit #1 for Letter of Intent)
DESCRIPTION OF THE PROPOSED AMENDMENT
The amendment proposed to Section 31-144(e) of the Land Development Regulations is
the following addition in underlined text:
"Sec. 31-44. Business Zoning Districts ...
(e) Office Park (OP) District
(2) Conditional uses: The following uses if first approved as a conditional use:
h. Display Showroom, subiect to all of the followinq conditions:
1. Showrooms shall be established only in coniunction with a professional or
business office located within the same unit; and
2. Showrooms shall be located only on the qround floor of a buildinq; and
3. Only samples related to the professional or business office use shall be
displayed in the showroom; and
4. The samples displayed in the showroom shall not be sold to end users; and
5. Inventory shall not be stored in the showroom; and
6. Samples delivered to the showroom shall be utilized for display purposes
only, and
7. Samples shall not be delivered to or from the showroom for use by end users;
and
8. Samples delivered to the showroom for display purposes shall only be
delivered to the showroom within normal business hours of the office
buildinq in which the showroom is located.
2
ANAL ysls
The Office Park (OP) zoning district is intended to provide for high-quality, semi-
professional and professional offices in a campus setting reflecting creative design and
environmentally compatible use of space and perimeter buffer areas. Permitted uses
include business and professional offices, dental and medical offices, banks, restaurants,
hotels and accessory uses. Conditional uses include business-related schools,
pharmacies, marine industry uses, automobile parking garages and all permitted uses in
the Community Facilities District. Prohibited uses in this zone are residential uses, adult
entertainment, retail and non-marine industrial uses.
The applicant is requesting amendment to the Land Development Regulations to permit a
furniture display showroom as a conditional use in the Office Park (OP) zoning district. In
this case, the proposed showroom is proposed in a ground level space within a
professional office condominium building. Samples of furniture will be displayed, with no
sales from the unit and no inventory on site. The space will include an office area. The
proposed use conditions will prohibit retail sales from the showroom but allow a business
office to display its design samples to clients.. As there will be no retail sales from the
unit, the proposed amendment does not conflict with the prohibited uses in this zone.
If the requested amendment to the Land Development Regulations is approved, the
applicant will require conditional use approval at a public hearing prior to establishing the
display showroom use. The use will need to comply with the location and use conditions
for display showrooms and will also need to meet the standards of review for approval of
conditional uses found in Section 31-73 of the City Code.
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendment is legally required to implement the requested revision to
the Code.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan. The future land use designation for properties zoned Office
Park (OP) District is Business and Office. The intent of the Business and Office land
use category is described in the Future Use Element of the City's Comprehensive Plan.
It accommodates retail, personal and professional services, commercial and
professional offices, hotels, motels, hospitals, medical buildings, entertainment and
cultural facilities, amusements and commercial recreation establishments. The
Business and Office land use category then further provides that the specific range and
intensity of these listed uses is dependent upon the provision of the applicable land
development regulations which serve to implement the Comprehensive Plan. The
3
proposed amendment to allow a display showroom as a conditional use in the Office
Park (OP) District is consistent with the intent of the Business and Office land use
category.
3. The proposed amendment is consistent with the authority and purpose of the LDRs.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations. "The purpose of the LDRs is to implement further the
Comprehensive Plan of the City by establishing regulations, procedures and standards
for review and approval of all development and uses of land and water in the City.
Further, the LDRs are adopted in order to foster and preserve public health, safety and
welfare and to aid in the harmonious, orderly and progressive development and
redevelopment of the City..." The proposed amendment is consistent with this
purpose.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for evaluation of display showrooms as a
conditional use in the Office Park (OP) District.
4
.-
Greenberg
Traurig
Clifford A. Schulman
(305) 579-0613
Direct Fax: (305) 961-5613
E-Mail: schulmanc@gtlaw.com
October I, 2007
Ms. Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
A ventura, Florida 33180
r.mW1IN\JY DEVELOEMENT .
Proposed Amendment to the Aventura Larra'UeV~lopment RegulatIOns to
Include Display Showrooms as a Conditional Use in the Office Park ("OP")
District / Letter of Intent
Exhibit #1
01-lDR-08
OCT - 1 2007
Re:
Dear Ms. Carr:
On behalf of G&D Aventura, LLC, ("Applicant"), I respectfully submit the enclosed
Application to Amend the Land Development Regulations so as to permit a Display Showroom in the
Office Park ("OP") District. A Display Showroom, subject to the limiting conditions provided in the
ordinance, is similar to many of the other uses which are already permitted in the OP district. The
samples which will be displayed in the showrooms would be specifically limited to new samples for
display purposes only and no sales to the "end user" would be permitted. Furthermore, a specific
prohibition on storage of inventory, as well as, deliveries to and from the showroom is included in
the proposed ordinance and will protect the District from uses which are not similar.
In the instant case, the Applicant is proposing a Furniture Showroom that will meet the
criteria and limiting conditions set forth in the Ordinance. The Applicant proposes to display only
new furniture that will not be sold to the end user and will not store any inventory on site.
Furthermore, samples delivered to the showroom will be used for display purposes only and
deliveries of the samples will only take place outside of the normal business hours of the office
building.
We submit that the Application for amendment to the land development regulations satisfies
the applicable review criteria, and respectfully request that you favorably consider our request and
schedule this application for the next available agenda of the A ventura City Commission. If you have
any questions or would I ike to discuss this matter further, please contact me at 305-579-0613. Thank
you for your attention to this matter.
Sincerely,
cc: Mr. Fernando Levy-Hara
Javier F. Avifi6, Esq.
MIA 179752976v1 9/27/2007
Greenberg Traurig, P.A. I Attorneys at Law 11221 BrickeUAvenue I Miami, FL 33131 I Tel 305.579.0500 I Fax 305.579.0717 I www.gtlaw.com
APPLICANT REPRESENTATIVE AFFIDAVIT
Pursuant to Section 3 1-7 I (b)(2)(i) of the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby
made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is
identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all
persons representing the individual or entity applying for the Development Permit in connection with the application, as follows:
Name
Relationship (i.e. Attorneys, Architects, Landscape
Architects. Engineers, Lobbyists, Etc.)
Clifford A. Schulman
Attornev
Javier F. Avina
Attornev
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENT A TlVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING
FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS
AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEe. 31-
71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY T CITY BOARD OR COMMISSION,
THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES ORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ~ DA Y OF <;<')-t..
(Signature)
ignature)
Name: Fernando Levv-Hara
(Print)
AUTHORIZED REPRESENTATIVE OF APPLICANT: R
~ X~
Name:
(Print)
Title:
Title:
Address:
Address:
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
x
Lf:.VY- /-IA
Before me the undersigned authority personally appeared ti;.R..JJAiJ/)",.. JS the aut
Applicant and/or the owner of the property subject to the application, who being first by me dul
he/she executed this Affidavit for the purposes stated therein and that it is true and ~rrect.
"
; AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME this2Gday of s.,Pnm(j~, 200
ed representative of the
om, did swear or affirm that
-..
o ry u lie State of Florida At Large
Printed Name of Notary 4U~ /WI>/c H~v'
My commission expires: 06/'j/ZO//
6/26/2007
10
O~~..~ Nota. ry Public State of Florida
;t I ~ Alejandro Martin
~ C 'H My Commission 00684438
~OFf\.o"" Expires 06/11/2011
,A.,....... "".Aft^
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant
hereby discloses that: (mark with "x" applicable portions only)
[X} J. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves),
[ ] i.
The nature of the Business Relationship is as follows:
r] ii.
[ ] iii.
[] iv.
[] v.
[1 vi.
~
WITNE
APPLICANT:
X By:
Name:
Title:
Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or
capital stock of Applicant or Representative;
Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which
are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
The Applicant or Representative is a Client of a member of the City Commission or Board or a Client
of another professional working from the same office or for the same employer as the member of the
City Commission or Board;
A City Commissioner or Board member is a Client of the Applicant or Representative;
The Applicant or Representative is a Customer of the member of the City Commission or Board (or of
his or her employer) and transacts more than $10,000.00 of the business of the member of the City
Commission or Board (or his or her employer) in a given calendar year;
The member of the City Commission or Board is a Customer of the Applicant or Representative and
transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar
year.
HAND THIS Zf.c DAY OF ~~4-.,-b.k,,- ,2001.
(Signature)
(Print)
(Print)
DAY OF
,200_.
PROPERTY OWNER:
WITNESS MY HAND THIS
By:
Name:
Title:
(Signature)
(Print)
(Print)
*The terms "Business Relationship, " "Client, " "Customer, " "Applicant, " "Representative" and "Interested Person"
are defined in Section 2-395 of the Aventura City Code.
8/28/2007
11
My commission expires:
WITNESS MY HAND THIS DA Y OF ,200_.
is ed on Business Relationship Affidavit)
By: By: (Signature
Name: Clifford Schulman (Print) Name: (Print)
Title; Attornev (Print) Title: (Print)
BY~ignQtu,,) By: (Signature
Name: (Print)
Na . ler A vino (Print)
Title: Attorne (Print) Title: (Print)
'tBy: (Signature) By; (Signature
(Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By; (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signature
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31.
71(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to
consideration of the application by the City Board or Commission, the information provided in the
Affidavit becomes incorrect or incomplete.
S/2S/2007
13
NOTARIZATION PROVISION
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
SWORN TO AND SUBSCRIBED before me this ~ day of
first by me duly swom, did swear or
Before me, the undersigned authority, personally appeared Clifford Schulman the Affiant,
affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct
SI A IE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Javier Avlno
swear or affirm that he/she executed this Affidavit for the purposes stated therein a
the Affiant, who being first by me duly swom, did
eel.
Printed Name ofN
My commission expires:
~RISOl R. GONZALEZ
N Public - State of Florida
. Expires Sep 17, 2010
. ion ## DO 553129
ad By National Notary Assn.
ST ATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
SWORN TO AND SUBSCRIBED before me this ~ day of ~tprffJ?I3{/}, 200]-
V'v"
.o""~"!olt- Notary Public State of Florida
~ I"f: Alejandro Martin
~ C .. My Commission 00684438
~ OF ""',/' Expires 0611112011
~~~..;;~~!"--- -
the Affiant, who being first by me duly sworn, did
rue and correct.
Before me, the undersigned authority, personally appeared Fernando Lev
swear or affirm that he/she executed this Affidavit for the purposes stated therein and t
x
__0"'---.-
x
STATE OFFLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared the Affiant, who being first by me duly sworn,
did swear or affirm that he/she executed this Affidavit for the purposes stated thereIn and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,200 .
Notary Public State of Florida At Large
Printed Name of Notary
8/28/2007
12
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-144(e) "OFFICE PARK (OP)
DISTRICT" OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO PERMIT DISPLAY SHOWROOMS AS A
CONDITIONAL USE SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to permit display showrooms as a conditional use in the
Office Park (OP) District, subject to certain conditions; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the proposed amendment
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 this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Section 31-144( e) of the City's Land Development Regulations is
hereby amended as follows 1:
"Sec. 31-44. Business Zoning Districts
(e) Office Park (OP) District.
1 Underlined provisions constitute proposed additions to existing text; stricken through provisions indicate
proposed deletions from existing text.
Ordinance No. 2008 -
Page 2
(2) Conditional use. The following uses if first approved as a conditional use:
h. Display Showroom, subiect to all of the followinq conditions:
1. Showrooms shall be established only in coniunction with a professional or
business office located within the same unit; and
2. Showrooms shall be located only on the qround floor of a buildinq; and
3. Only samples related to the professional or business office use shall be
displayed in the showroom; and
4. The samples displayed in the showroom shall not be sold to end users;
and
5. Inventory shall not be stored in the showroom; and
6. Samples delivered to the showroom shall be utilized for display purposes
only, and
7. Samples shall not be delivered to or from the showroom for use by end
users; and
8. Samples delivered to the showroom for display purposes shall only be
delivered to the showroom within normal business hours of the office
buildinq in which the showroom is located.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Ordinance No. 2008 -
Page 3
Section 3. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Ordinance No. 2008 -
Page 4
PASSED on first reading this 8th day of January, 2008.
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LE~CY:
CITY ~t;
This Ordinance was filed in the Office of the City Clerk this _ day of February, 2008.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, I
City Manager
TO: City Commission
BY: Joanne Carr, A
Planning Director
DATE: December 6, 2007
SUBJECT: Establishment of a Transportation Mitigation Impact Fee and Schedule of
Fees for Development Activity to support mobility within the City of Aventura
(01-IFS-07)
January 8,2008 Local Planning Agency Agenda Item t-lC
1st Reading January 8,2008 City Commission Meeting Agenda Item 2..C
2nd Reading February 5, 2008 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission adopt an ordinance to establish a
Transportation Mitigation Impact fee and schedule of fees for Development Activity to
support mobility within the City.
THE REQUEST
City staff is requesting adoption of an ordinance to establish a Transportation Mitigation
Impact fee and schedule of fees for Development Activity to support mobility within the
City.
BACKGROUND
Section 163.3177 of the Florida Statutes enacts transportation concurrency, which
provides that public facilities and services needed to support development shall be
available concurrent with the impacts of development. The legislature recognized,
however, that there are areas where construction of new or expanded roadways is not
possible. The legislature therefore made provision for exceptions to transportation
concurrency called Transportation Concurrency Exception Areas. In these exception
areas, the development may not be required to demonstrate compliance with Level of
Service Standards for roads if the development is otherwise consistent with the
Comprehensive Plan, is a project that promotes public transportation or is within an area
designated for urban infill development and the local government has adopted into its
Comprehensive Plan strategies to support and fund mobility within the exception area.
The City of Aventura was designated as a Transportation Concurrency Exception Area
through adoption of its Comprehensive Plan in December of 1998. The City has adopted
into its Comprehensive Plan strategies to support and fund mobility.
Policy 1.12 of Objective 1 of the Transportation Element in our Comprehensive Plan states
that the City will develop impact fees and other methods by which developers can mitigate
impacts to our transportation system by contributing funds for alternative modes of
transportation, particularly the expansion, operation and maintenance of our Aventura
Express bus service. (2005 EAR based amendments approved January 9, 2007)
Since approval of the EAR based amendments, City staff has been working with Dr.
James Nicholas, the consultant selected to prepare a Transit Impact Fee Study to satisfy
the comprehensive plan policy. Dr. Nicholas has extensive experience with impact fees
and impact fee studies. The Impact Fee Study entitled "A Program of Transportation
Mitigation" and Dr. Nicholas' resume are attached.
The Transportation Mitigation Study finds that the City of Aventura can accommodate the
mobility needs of new development by the expansion of the Aventura Express with the
payment of a transportation mitigation impact fee and recommends that the City adopt
such a fee to support mobility in the City through the use of mass transit. The following
table of fees is recommended according to type of use:
TRANSPORTATION MITIGATION PER UNIT
CITY OF A VENTURA
Land Use (Unit of Measure) Persons Cost per Unit
per Unit of Measure
of
Measure
Residential (per Dwelling Unit) 0.972 $1,320.70
Office (per 1,000 FT2) 1.557 $2,115.94
Retail (per 1,000 FT2) 2.203 $2,993.95
Industrial (per 1,000 FT2) 1.324 $1,799.30
Institutional & Other (per 1,000 FT2) 2.396 $3,255.14
2
Impact fees would be collected prior to issuance of a building permit, similar to collection of
other impact fees such as police and park impact fees. The ordinance provides for
exemptions from the fee for alterations, expansion or replacement of existing buildings
where the use is not changed and the number of dwelling units or square footage is not
increased. Government and public facilities used for governmental purposes are exempt
from the fee including Federal, State, County, City, School Board and Waste Management
facilities. All funds collected will be accounted for in the Transportation and Street
Maintenance Fund.
ANAL ysls
The establishment of impact fees is governed by Section 163.31801 of the Florida
Statutes. The attached ordinance has been drafted to comply with the provisions of that
Section. The calculation of the impact fee is based on the most recent and localized data,
provision is made for accounting and reporting of impact fee collections and expenditures
through the Transportation and Street Maintenance Fund and published notice will be
made no less than 90 days before the effective date of the ordinance.
If adopted, the ordinance provides that it will be effective 90 days following publication of
notice of adoption.
3
A Program of Transportation
Mitigation
Prepared for the
City of Aventura
By
James C. Nicholas, PhD
August 15,2007
Executive Summary
The City of Aventura wishes to consider an option to support the Transportation
Concurrency Exception Area (TCEA), which is part of the Aventura Comprehensive
Plan. The City of Aventura is largely built-out with few if any opportunities to construct
new roads or to expand existing roads. While the opportunities to construct expanded
roadways is limited, there is a continuing need for additional mobility within Aventura to
meet the needs of residential and business developments in this City.
The City of Aventura has developed and provides a system on transit known as the
Aventura Express. This is a system of bus routes that is provided to residents and non-
residents alike without charge. The objective of the Aventura Express is to provide
mobility by means of busses and thus avoid the need to expand roadways or to suffer
increased traffic congestion in the absence of such expansion.
Florida law requires that new developments achieve and maintain adequate levels of
transportation service as a prerequisite to development. This is commonly referred to
as "transportation concurrency." When this law was passed it was recognized that
such a policy would not be sensible in all situations. Aventura is one of those situations.
Accordingly, the entirety of the City of Aventura has been designated a TCEA.
The law requires local governments with TCEAs to develop means to support the
TCEAs that will promote public transit. The net effect is to allow developers to
contribute to public transit when achieving transportation concurrency by traditional
means is not possible or is impractical. Such a program is presented herein.
This report finds that the City of Aventura can accommodate the mobility needs of new
developments by the expansion of the Aventura Express with the payment of a
transportation mitigation fee. The amounts of the fees for various land uses are:
CIRCULATOR MITIGATION PER UNIT
CITY OF AVENTURA
Land Use and Unit Persons Cost per Unit
per Unit
Residence oer DwellinQ 0.972 $1,320.70
Office oer 1,000 FP 1.557 $2,115.94
Retail oer 1,000 FP 2.203 $2,993.95
Industrial oer 1,000 FP 1.324 $1,799.30
Institutional & Other per 1,000 FP 2.396 $3,255.14
These mitigation fees represent a proportionate share of the City's costs to extend
additional mobility to new development by means of the Aventura Express.
Transportation Mitigation
August 15, 2007
Page 1
Therefore it is recommended that the City of Aventura move ahead to adopt the
calculated Circulator Mitigating Fees, the objective of which is to support mass transit
within the City of Aventura and thus support the City's policy of transportation
concurrency exception.
Transportation Mitigation
August 15, 2007
Page 2
A. The Need for Movement
Progress requires the ability to move people and goods through economic space.
Within a 21st Century United States, the accommodation of additional movement
commonly involves providing infrastructure for additional vehicular traffic. The fact that
this is a common means of accommodating the need for movement does not mean that
it is the only means or that it is necessarily the best means.
Adam Smith pointed out that the wealth of nations would result from the unrestrained
interplay of the forces of supply and demand.1 He built upon the pioneering work of a
school of philosophers known as the French Physiocrats.2 The Physiocrats are the
ones that gave the world the maxim:
"laissez taire, laissez aller, laissez passer."
Translated, this means "let do, let go, let pass." Many have chosen to interpret this to
simply mean that government should leave businesses alone to make the products that
they wish. However, the issue of movement is prominent. The broader interpretation is
to allow things - goods, services and people - to move about and to pass (through).
Dr. Smith popularized this in English when he advised that the "division of labour is
limited by the extent of the market.,,3 Smith was focusing here on the great economic
importance of the ability to move goods and people and that the extent of economic
development in limited by the relative ability to move goods and people. Movement of
goods and people is essential to economic prosperity or, as Adam Smith put it, to the
wealth of nations.
In the United States there have been ~reat public investments in all forms of
transportation. The canals of the early 19 h century were followed by rail roads that
opened up the nation. The dominant forms of transportation in the 20th Century have
been highways and air. These investments were funded by all levels of governments;
federal, state and local. The result has been unprecedented economic growth and
prosperity. The nature and form of transportation has changed over time. One would
expect for this to continue in the future.
While the means and technology of transportation has changed, one thing that has not
changed is the critical need for the movement of people and goods. If goods or people
cannot be efficiently moved, prosperity will wane and eventually cease. One of the
roles of planning is to identify a community's need for mobility and to meet those needs
1 Adam Smith, The Wealth of Nations,
2 This school of thought was led by Franc;:ois Quesnay, who wrote the Tableau
Economique, in 1759.
3 Wealth of Nations, op cit.
Transportation Mitigation
August 15, 2007
Page 3
in a timely and efficient manner. For much of urban American the need for movement
has served with streets and highways. Increasingly alternative means of providing
movement are being sought and provided. Public transit together with non-vehicular
modes are being proposed as the cost and the consequences of the tradition streets
and highways solutions rise and become unacceptable.
B. The Need for Transportation in Florida
The State of Florida recognizes the integral role that the ability to move goods and
people plays in the economic success of the state and places within the state.
Accordingly, the Legislature enacted "transportation concurrency" into law;
"It is the intent of the Legislature that public facilities and services needed to support
development shall be available concurrent with the impacts of such development. . ..4
There are five public services subject to mandatory concurrency:
. Water and sewer service;
. Solid waste collection and disposal;
. Parks and recreation;
. Public schools;5 and
. Transportation.
These facilities must be adequately provided if development is. to be allowed to
proceed. In many instances the attainment of transportation concurrency is achieved
through the construction or expansion of streets and highways. However, there are
frequent instances where the construction of new or expanded roadways is not possible
or is impractical. The Legislature foresaw such instances:
(5)(a) The Legislature finds that under limited circumstances dealing with transportation
facilities, countervailing planning and public policy goals may come into conflict with the
requirement that adequate public facilities and services be available concurrent with the
impacts of such development. The Legislature further finds that often the unintended
result of the concurrency requirement for transportation facilities is the discouragement of
urban infill development and redevelopment. Such unintended results directly conflict with
the goals and policies of the state comprehensive plan and the intent of this part.
Therefore, exceptions from the concurrency requirement for transportation facilities may
be granted as provided by this subsection.
4 Chapter 163.3177(10)(h), Florida Statutes.
5 Not effective until January 2008.
Transportation Mitigation
August 15, 2007
Page 4
(b) A local government may grant an exception from the concurrency requirement for
transportation facilities if the proposed development is otherwise consistent with the
adopted local government comprehensive plan and is a project that promotes public
transportation or is located within an area designated in the comprehensive plan for:
1. Urban infill development. . 6
Aventura is one of the places where an alternative means of providing movement is
needed. There are few if any economically feasible street and highway options that will
accommodate additional vehicles on Aventura's streets. The City has been designated
a TCEA in 1998. Thus new developments within Aventura are exempt from the
concurrency provisions of the statute.? However, the statute established the promotion
of public transportation as a prerequisite for such a concurrency exemption. In
response to this requirement, the City has proposed the following policies to support the
TCEA designation:
Policy 1.8. The City of Aventura shall continue to identify projects to support
and fund mobility, enhance alternative modes of transportation, and ensure
connectivity in its Capital Improvement Program. . ..8
Policy 1.9. The City of Aventura . . . shall evaluate the impact of proposed
development and redevelopment on its transportation system, Strategic Intermodal
System facilities, and the adopted level of service standards of transportation
facilities, and identify strategies to alleviate or mitigate such impacts in coordination
with the developer and other agencies as appropriate.9
Policy 1.11. The City of Aventura shall, by ordinance, include proportionate fair
share mitigation options in its concurrency management program. . .. The intent of
these options is to provide for the mitigation of transportation impacts through
mechanisms that might include, but are not limited to, private funds, public funds,
contributions of land, and the contribution of facilities.1o
Policy 1.12. By 2007, or at the earliest feasible date, the City of Aventura will
develop impact fees and other methods by which developers can mitigate impacts to
the transportation system by contributing funds for alternative modes of
6 163.3180, Florida Statutes.
While new developments in Aventura are exempted from transportation concurrency, developers are
required to make safety improvements, such as acceleration or deceleration lanes, or intersection
improvements when the staff review of site plans shows that such improvements are need to protect
public health, safety or welfare.
8 City of Aventura, Ordinance No. 2007 - 01, page 20.
9 City of Aventura, Ordinance No. 2007 - 01, page 20.
10 City of Aventura, Ordinance No. 2007 - 01, page 20.
Transportation Mitigation
August 15, 2007
Page 5
transportation, particularly the expansion, operation and maintenance of the
Circulator System.11
The thrust of these policies is to permit new development to proceed while still
maintaining an appropriate level of transportation service by having developers
mitigating their impacts on traffic circulation within Aventura. This mitigation would be in
the form of contributing toward the Circulator System. The result would be that the
increased demand for mobility resulting from new development or redevelopment within
Aventura would be satisfied by the Circulator System rather than by expansion of
Aventura's streets and highways, Thus, Aventura proposes to support its policy of
transportation concurrency exception, and thus exempting new developments from
transportation concurrency, if those new developments promote public transportation by
payment of the mitigation fee.
The only means of public transportation known that can constitute an alternative mode
of transportation within Aventura is the Circulator System. Section 163.180(5) provides
a means for Aventura to structure a program of transportation mitigation that will allow
developments to proceed while also advancing the mobility of the community. This
Section provides that:
d) A local government shall establish guidelines in the comprehensive plan for granting
the exceptions . . . which must be consistent with and support a comprehensive strategy
adopted in the plan to promote the purpose of the exceptions.
(e) The local government shall adopt into the plan and implement strategies to support
and fund mobility within the designated exception area, including alternative modes of
transportation. The plan amendment shall also demonstrate how strategies will support
the purpose of the exception and how mobility within the designated exception area will be
provided.
The proposed changes to the Aventura Comprehensive Plan, cited above, are the
implementation strategies that are the prerequisite for the granting of transportation
concurrency exceptions. In order to implement these policies it is necessary to develop
and implement a program to support the TCEA. The following section will set out such a
program.
11 City of Aventura, Ordinance No. 2007 - 01, page 21
Transportation Mitigation
August 15, 2007
Page 6
c. A Transportation Mitigation Program
The objective of an, Aventura Transportation Mitigation Program is to support and fund
the City's Circulator System so that the Circulator System can satisfy the need for
enhanced mobile as the City continues to grow.
New residential and non-residential developments within Aventura will contribute to the
need for increased mobility. New residences will bring additional people that will live,
shop, recreate and work in or around the City. Each of these activities will require
mobility. Additionally, new non-residential developments will attract additional
shoppers, employees, customers and recreators to and within Aventura. Both types of
developments will cause a need for enhanced mobility.
A mitigation program will involve the payment of a fee that offsets the costs of
accommodating the mobility impacts of new residential and non-residential
developments with the Circulator System of the City of Aventura. The first step in
developing a mitigation fee is to quantitatively define the Circulator Service. Table 1
provides the first part of this definition. At present the Circulator System is 354,860
passenger seats per year. These seats are provided within 5 routes, running 10 times
per day on weekdays and 13 times on weekends.
Table 1
CIRCULATOR SERVICE
CITY OF AVENTURA
Routes Runs Seats Seats Seats
per Day per Year
Weekday 5 10 22 1,100 280,500
Weekend 5 13 22 1,430 74,360
TOTAL 1,155 354,860
SOURCE: City of Aventura, February 2007
The Circulator System serves the residents of and visitors to Aventura. Our convention
is to define a population of a place, such as Aventura, as the number of people who
reside within the borders of that place. This definition is fine for purposes of voting but it
is not acceptable for purposes of defining a population of people served by services
such as police and fire protection, or Aventura's Circulator System. The population
served by the Circulator System is the number of people within Aventura no matter if
they are permanent residents, seasonal residents, employees of businesses or patrons
of those businesses within Aventura. The population served is the functional
population. These people are served by the Circulator even if they don't ride it. They
are served by diverting those that do ride the busses from the streets, thereby creating
capacity for those that prefer driving to bus riding. Additionally, businesses are served
even if the owners of the businesses do not ride the busses because the busses bring
their employees and customers to and from those places of business.
Transportation Mitigation
August 15, 2007
Page 7
The functional population of an area is the number of people than can be expected to
be present at businesses, residences, schools, parks, churches or the myriad of other
places that people go or congregate. The number of people within Aventura's
functional population is shown in Table 2. These are the people served by the City of
Aventura.
Table 2
SERVICE AREA POPULATION
CITY OF AVENTURA
Resident Functional
Residential Population 28,207 14,104
Peak Population 40,336 7,277
Visitors to:
Offices 2,892
Retail 15,134
Industrial 532
Institutional 1,849
TOTAL 41,788
SOURCES: 2000 Census of the Population, Table 3
Table 3 shows the derivation of the functional population. These calculations use
Miami-Dade County as the base for the calculations. Counties are used because
employment data is not reported for geographic areas smaller than counties. Vehicular
trip generation rates 12 are used to identify the total number of people present at a site.
Employment data are used to identify how many of those persons present are
employees, with the remainder being visitors. The ratios of persons per 1,000 feet of
floor area for Miami-Dade County are applied to non-residential floor area within
Aventura to estimate Aventura's functional population at non-residential areas.
Because many of the people present at and assigned to non-residential areas of
Aventura are the occupants of residences within Aventura, it is necessary to adjust the
population assigned to residences to avoid double counting those persons. This is
done on a time allocation basis. Table 3 shows the Miami-Dade County and Aventura
allocations, resulting in a functional population of 41 ,788 for Aventura.
12 As reported by the Institute for Transportation Engineers, Trip Generation, ih Edition,
2003.
Transportation Mitigation
August 15, 2007
Page 8
Table 3
FUNCTIONAL POPULATION
CITY OF AVENTURA
Aventura Miami-Dade
Land Use Floor Area Persons at Site Floor Area Persons at
Site
Non-Residential
Office 1,857,080 2,892 91,889,361 143,096
Retail 6,868,173 15,134 185,691,556 409,164
Industrial 401,883 532 182,695,376 241,930
Institutional & 771,833 1,849 124,193,781 297,529
Other
Full time Residences 14,104 1,189,909
Seasonal Residences 7,277 98,191
TOTALS 9,898,969 41,788 584,470,074 2,379,818
Table 4 shows the functional population of Aventura in terms of persons per unit of land
use; 1,000 square feet of floor area for non-residential developments and the dwelling
unit for residential development. Recall that many of the residents on Aventura are also
the employees and patrons of the businesses within Aventura, thus the relatively low
functional population assigned to residences.
Table 4
FUNCTIONAL POPULATION PER UNIT
CITY OF A VENTURA
Land Use Persons Units Population
at Site per Unit
Office - 1 ,000 FP 2,892 1,857,080 1.557
Retail 1 ,000 FP 15,134 6,868,173 2.203
Industrial 1,000 FT2 532 401,883 1.324
Institutional & Other -1,000 FT2 1,849 771,833 2.396
Residences - Dwelling 21,381 20,782 0.972
TOTAL 41,788
The annual cost per seat for Circulator Service is shown in Table 5. The cost from
Table 5 is used to calculate a per capita cost, using functional population, of the
Circulator System for the present year and as a present value of future costs.
Table 5
CIRCULATOR COST PER SEAT
CITY OF AVENTURA
Da
Year
16,380
$44.00
$720,720
53
44
Cost er $2,310
SOURCE: City of Aventura, Budget for FY 2006-07.
Transportation Mitigation
August 15, 2007
Page 9
The level of service provided or expected to be provided in the future is 0.0276 seats
per capita per year. The costs shown in Table 7 are the costs of continuing this level of
service as the City continues to develop.
Table 6
CIRCULATOR LEVEL OF SERVICE
CITY OF AVENTURA
41,788
00276
The basic annual cost of $6,552 per seat is reduced by 51 % to reflect the allocation of
funds to Aventura's Circulator System from Miami-Dade County's Transit System
Surtax. These calculations assume that this surtax and the allocation to Aventura will
continue for the next 25 years.
Cost per Route $144,144
Seats per Route 22
Cost per Seat $6,552
Paid by Countv Transit System Surtax 51%
Net Cost to Citv oer Seat $3,231
Level of Service 0.0276
Cost per Caoita $89.29
Years 25.00
Discount Rate 4.25%
Present Value $1 ,359
Table 7
CIRCULATOR COST PER CAPITA
CITY OF AVENTURA
The Circulator System mitigation cost per unit of development is shown in Table 8.
These costs, assessed as an alternative to transportation concurrency, should recoup
the City of Aventura's costs of meeting the need for mobility with the City's Circulator
System. The total costs to the City have been adjusted for the availability of other funds
to pay this cost. As such, the amounts shown represent a proportionate share of the
City of Aventura's costs of meeting the needs of additional residential and non-
residential development by means of the City's Circulator System.
Transportation Mitigation
August 15, 2007
Page 10
Table 8
CIRCULATOR MITIGATION FEE PER UNIT
CITY OF AVENTURA
Land Use and Unit Persons Cost per Unit
per Unit
Residence per Dwellinq 0.972 $1,320.70
Office per 1 ,000 FP 1.557 $2,115.94
Retail per 1,000 FP 2.203 $2,993.95
Industrial per 1,000 FP 1.324 $1,799.30
Institutional & Other per 1,000 FT2 2.396 $3,255.14
Should the City adopt these mitigation fees, annual updates should be done based
upon the City's updated cost of providing the Circulator System.
D. Implementation
Should the City proceed to enact a transportation mitigation fee, it should be
recognized that the City is requiring developers to make a present payment to cover
future costs of providing the Circulator service. The preferred way of implementing
such a program would be for the City to deposit all mitigation fees collected into a
trust fund and then annually appropriate the earnings from this fund to the Circulator
system. In this way there is consistency between the assumptions of the fee
calculations and the use of the funds.
It is recommended that the City of Aventura enact a transportation mitigation fee that
is no greater than the amounts shown in Table 8 and that the fees collected be
deposited into a restricted trust fund, the earnings from which will be used solely to
fund the City's Circulator or successor system of mass transit.
It is recommended that the implementing ordinance provide for a refund of
mitigations fees in the event that the City ceases to provide some type of circulator
service. If the City of Aventura ever stops providing the Circulator service or a
service similar to the Circulator, the amounts on deposit in the trust fund should be
returned to the then current owners of the property for which the mitigation fee was
paid on a pro rata basis.
Transportation Mitigation
August 15, 2007
Page 11
RESUME
JAMES C. NICHOLAS
OFFICE
126 SW 165th Street
Newberry, FL 32669
icnicholas@msn.col11
POSITION
Emeritus Professor of Urban & Regional Planning and Emeritus Professor of
Law, University of Florida, Gainesville, Florida, 2006 to present.
PREVIOUS
POSITIONS
Professor of Urban & Regional Planning and Affiliate Professor of Law,
University of Florida, Gainesville, Florida, 1985 to 2006. Associate Director,
Environmental and Land Use Law Program, College of Law, 1999 to pre-
sent.
1985 - 1992, Co-Director of Growth Management Studies, College of Law,
University of Florida.
1969 - 1985, Professor of Economics, Florida Atlantic University, Boca
Raton, Florida, and Associate and Acting Director, Joint Center for Environ-
mental and Urban Problems of Florida Atlantic and Florida International
Universities.
PERSONAL
Birth: July 24,1941
Los Angeles, California
EDUCATION
Ph.D.:
1970, University of Illinois,
Major in Economics
M.A.:
1967, University of Miami,
Major in Economics
B.B.A.:
1965, University of Miami,
Major in Business Administration
3
I. RESEARCH AND PUBLICATIONS
Books
1. Principles and Practices of Impact Fees, Chicago: American Planning Association, 2007,
with A. Nelson and 1. Juergensmeyer.
2. A Practitioner's Guide to Development Impact Fees, Chicago: American Planning Associa-
tion, 1991, with A. Nelson and 1. Juergensmeyer.
3. The Changing Structure of Infrastructure Finance, Cambridge, Mass.: The Lincoln Institute
of Land Policy, 1985. Editor,
4. State Regulation and Housing Prices, New Brunswick, NJ: Rutgers University, 1982.
5. The Unnecessary Cost of Automobile Ownership, Fort Lauderdale, Florida: Joint Center for
Environmental and Urban Problems, 1980.
Monographs
1. Impact Fees in Hawaii: Implementing the State Law, Honolulu: Land Use Research Founda-
tion, 1993. With D. Davidson.
2. Calculating Proportionate Share Impact Fees Under the Rational Nexus Test, Chicago:
American Planning Association, 1988.
3. The Use of Florida's Land, Tallahassee, Florida: State of Florida, Environmental Land Man-
agement Study Committee, 1973. Editor.
4. New Communities: A Tool to Implement a Policy for the Management of Growth, Tallahas-
see, Florida: State of Florida, Environmental Land Management Study Committee, 1973.
Editor.
Chapters in Books
1. "Impact Fees Should Not Be Subject to Takings Analysis," in Taking Sides on Takings Issues:
Public and Private Perspectives, Ed. By Thomas E. Roberts, Chicago: Am. Bar Assn, 2002.
2. "Transferable Development Rights and Alternatives After Sutium," Twenty-Eighth Institute of
Planning, Zoning and Eminent Domain, New York: Matthew Bender, 1998. With 1. C. Juer-
gensmeyer and B. Leebrick. A reprint of item D. 1.
3. "Elementos Economicos da Gerencia do Crescimento," in Coriflicts Juridicos, Economicos e
Ambientais, ed. by Paulo Roberto Pereira de Souza and Jon Mills, Maringa, Parana: University
of Meringa Press, 1995.
Resume 4
4. "The Evolution of Land Use and Environmental Law in the United States," in Ellen Margrethe
Basse, ed., Miljorettens grundsporgsmal: Bidrag til en nordiskforskeruddannelse, Koben-
havn: G.E.C Gad, 1994.
5. "The Need for an International Forum to Consider Compensation for Environmental Preserva-
tion," in Amedeo Postiglione, ed., Tribunale Internazionale Dell'Ambienta, Roma: Instito
Poligrafico E Zecca DelIo Stato Libreria Delio Stato, 1992.
6. "The Use of Road Impact Fees in the United States," in Robert F. Passwell, ed., Site Impact
Traffic Assessment, Washington, DC: American Society of Civil Engineering, 1992.
7. "Paying for Growth: Creative and Innovative Solutions," in Jay Stein, ed., Growth Manage-
ment and Sustainable Development, Sage, 1992.
8. "The Provision ofInfrastructure," in D. Coffee and 1. Wade, eds., Local Government in the
1990's, Gainesville: Center for Governmental Responsibility, University of Florida, 1990.
9. "The Costs of Growth: A Public vs. Private Sector Conflict or a PublicIPrivate Responsibility,"
in D. Brower, D. Godschalk & D. Porter, eds., Understanding Growth Management: Critical
Issues and A Research Agenda, Washington: Urban Land Institute, 1989.
10. "Appropriate Methods for Establishing Impact Fees," with A. C. Nelson, in Development Im-
pact Fees, AC. Nelson, ed., Chicago: American Planning Association, 1988.
11. "A Model State Impact Fee Enabling Act," with 1. Juergensmeyer, in Development Impact
Fees, Ac. Nelson, ed., Chicago: American Planning Association, 1988. Reprinted as "Mode-
10 de Projeto de Lei Para Criac;ao das Taxas de Impacto," in Conflicts Juridicos, Economicos e
Ambientais, ed. by Paulo Roberto Pereira de Souza and Jon Mills, Maringa, Parana: University
of Meringa Press, 1995
12. "A Standard Development Impact Fee Enabling Statute," with J. Bachrach, 1. Juergensmeyer,
A Nelson, T. Ramis and E. Strauss, in Development Impact Fees, AC. Nelson,ed., Chicago:
American Planning Association, 1988.
13. "Calculating Proportionate Share Impact Fees," in R. Alterman, ed., The Private Finance of
Public Services, New York: New York University Press, 1988.
14. "Impact Fees: A Fiscal Technique for Managing Growth," in W. deHaven-Smith, ed., Growth
Management Innovations in Florida, Fort Lauderdale: Florida Atlantic University, 1988.
15. "Commentaly on Florida's Policy With Respect to it's Coast," in C. M. Adams, ed., The Eco-
nomics of Coastal Tourism and ResearchPerspectivesfor Florida. Gainesville: Florida Sea
Grant College Program, 1988.
16. "Capital Improvement Finance and Impact Fees After the Growth Management Act of 1985,"
in Perspectives on Florida's Growth Management Act of 1985, J. DeGrove and J. Juergens-
meyer, editors, Cambridge, Mass.: The Lincoln Institute of Land Policy and The Urban Land
Institute, 1986.
Resume 5
17. "Florida's Experience With Impact Fees," in The Changing Structure ojInfrastructure Fi-
nance, J. C. Nicholas, editor, Cambridge, Mass.: The Lincoln Institute of Land Policy, 1985.
18. "Land Availability in Florida," Landjor Housing: Developing a Research Agenda, in James
Hobin, editor, Cambridge, Mass.: The Lincoln Institute of Land Policy, 1985.
19. "The Role and Scope oflmpact Fees," in Financing Florida State Government, II. P. Tuck-
man, editor, Tallahassee: Florida State University, 1979.
Referred Journals
1. "Market Based Approaches to Environmental Preservation: To Environmental Mitigation Fees
and Beyond," Natural Resources Journal. 2003. With 1. Juergensmeyer.
2. "The Ups and Downs of Growth Management in Florida," Journal oj Law and Public Policy,
Vol, 12 No.2, 2001.
3. "Growth Management and Smart Growth in Florida," Wake Forest Law Review, Vol. 35:3,
2000, with Ruth Steiner.
4. "State and Regional Land Use Plarming: The Evolving Role of the State," St. Johns University
Law Review, Vol. 73:4, 1999.
5. "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives - II," Envi-
ronmental Liability, with 1. Juergensmeyer and E. Basse. Volume 7:3, 1999.
6. "Perspectives Concerning the Use of Environmental Mitigation Fees as Incentives - I," Envi-
ronmental Liability, with 1. Juergensmeyer and E. Basse. Volume 7:2,1999.
7. "Transferable Development Rights and Alternatives After Suitum," The Urban Lawyer, Vol.
30 No.2, 1998, with 1. Juergensmeyer and B. Leebrick.
8. "Positive Influence ofImpact-Fees in Urban Plarming and Development," Journal oj Urban
Planning and Development, Vol. 118, No.2, 1993. With A. C. Nelson and 1. E. Frank.
9. "New Fangled lmpact Fees," Planning, Vol. 58:10,1992, with A. C. Nelson and Lindell
Marsh.
10. "Estimating Functional Population for Facility Plarming Purposes", Journal oj Urban Planning
and Development, Vol. 118, No.2, 1992. With A. C. Nelson.
II. "On the Progression ofImpact Fees," Journal ojthe American Planning Association, Vol. 58,
No.4, 1992.
12. "Debt for Nature Swaps: A Modest But Meaningful Response to Two International Crises,"
Florida International Law Journal, Volume V, no. 2, 1990, with 1. Juergensmeyer.
13. "Critical Elements of Development Impact Fee Programs," Journal oj Urban Planning and
Development, Vol. ll6No. 1, May 1990, with A. Nelson and 1. Juergensmeyer.
Resume 6
14. "Determining The Appropriate Impact Fees Under The Rational Nexus Test," Journal of the
American Planning Association, Vol. 54: 1, 1988, with A. C. Nelson.
15. "Calculating Proportionate Share Impact Fees," New YorkAffairs, Vol. 10, No.2, 1988.
16. "Impact Exactions: Economic Theory, Practice and Incidence," Law and Contemporary Prob-
lems, Vol. 50, No.1, 1987.
17. "East-West Trade: A Case Study of Sulphur," Florida International Law Journal, Vol. III, No
1, 1987.
18. "The Use of Benefit Fees and Assessments in Financing Transportation Improvements,"
AASHIO, 1987.
19. "Housing Costs and Prices Under Regional Regulation," Journal of the American Real Estate
and Urban Economics Association, Vol. 9, no. 1, 1982.
20. "Problems of Financing Capital Improvements in a Growing Area," Engineering Issues, 1980.
21. "Rent Differentials Among Racial and Ethnic Groups," Review of Social Economy, Vol. 36,
No.1, 1978,
22. "Planning as Compensation for Land Use Regulation," Florida Environmental and Urban Is-
sues, Vol. V, January 1977.
23. "Areas of Critical Environmental Concern: A Case Study," Florida Environmental and Urban
Issues, Vol. IV, 1976.
24. "Impact Fees: The Other Side," Florida Environmental and Urban Issues, Vol. 3, 1975.
25. "The Economy of the South Florida Coastal Zone,"_Florida Environmental and Urban Issues,
Vol. III, 1975.
26. "Industrial Locations: The Special Case of Florida," Review of Regional Studies, Vol. 4, 1975.
27. "Population Updates: Growth in South Florida Since 1970," Florida Environmental and Ur-
ban Issues, Vol. 2,1974.
28. "Impact Fees in Florida," Florida Environmental and Urban Issues, Vol. 2, 1974.
29. "South Florida During the Twentieth Century: Population Projections to 2000," Florida Envi-
ronmental and Urban Issues, Vol. 1, 1973.
30. "An Experiment in Computer Aided Instruction in Regional Economics," Review of Regional
Studies, vol. 3, 1973,
31. "Controlling Pollution: An Economic View," Research Reports In Social Science, Vol. 14,
1972.
Resume 7
32. "Corporate Income Taxation in Florida: An Analysis ofIt's Effects on Prices and Growth,"
Florida Planning and Development, April 1970 (with M. B. Redman).
33. "Florida's Metropolitan Income: Levels and Trends," Florida Planning and Development,
March 1970
Articles in Edited Proceedings
1. "Florida the Megastate: How Can it Take a Lickin' and Keep on Tickin'," Journal of the
Public Interest Environmental Conference, Vol. 1, Spring 1997.
2. "Price Effects of Road and Other Impact Fees on Urban Land," Transportation Research Re-
cord, No. 1305, 1991, with A. C. Nelson, J. H. Lillydahl and 1. E. Frank.
3. "The Seasonal Stability of the Urban Base Multiplier," Proceedings of the American Statisti-
cal Association, Nov. 1976.
4. "Instability of the Urban Base Multiplier," Proceedings of the American Statistical Associa-
tion, September 1974.
5. "The Impact of Inflation on Investment and Labor Productivity," Proceedings of the Ameri-
can Statistical Association, Nov. 1972.
Other Research Activity
1. Technical Reports
Over 60 technical reports have been written for various agencies which are noted under relevant
professional experience.
2. Papers Before Professional Associations
Over 100 papers have been presented to Professional Associations. These Associations include:
American Law Institute/American Bar Association
American Planning Association
American Sociological Association
American Society for Public Administration
Association for Social Economics
Atlantic Economic Society
Eastern Economics Association
National Conference on Managed Growth
Operations Research Society of America
Southern Economics Association
Southern Regional Science Association
Urban Land Institute
Resume 8
3. Special Invited Papers
a. Office of the Governor, Office of State Planning, State of Hawaii, "A Review of Ha-
waii's Infrastructure Finance With Recommendations," Honolulu, Hawaii, 1992.
b. United Nations Council on Development, "The Effect of Environmental Regulations on
the Construction Industry," Berkeley, California, 1992.
c. Legislature of the Commonwealth of Massachusetts, "Financing the Needs of a Grow-
ing Community," Boston, 1990.
d. Office of the New Hampshire Governor, "Techniques for Financing Urban Devel-
opment," Manchester, NH, 1989.
e. Commonwealth of the Northern Marianas Islands, Office of the Governor, "Fiscal and
Environmental Management of Growth," 1989.
f. World Congress on Land Policy, London, United Kingdom, "Financing Infrastructure in
Florida," 1986.
g. The Florida House Committee on Growth Management, "Fiscal and Economic Dimen-
sions of Growth Management," 1985.
h. The Florida Bar Association, "Coping with Economic Impact in the Development Re-
view Process," 1982.
1. National Order of Women Legislators, "Financing Capital Infrastructure: Impact Fees,"
1982.
J. The Florida Senate, Committee on Commerce, "Self Insurance for Worker's Com-
pensation in Florida," 1978.
k. The Florida Senate, Committee on Commerce, "The Reform of Florida's No-Fault In-
surance Law," 1978.
1. United States Senate, Committee on Interior and Insular Affairs, "The Florida Experi-
ence in Land Use Regulation and its Economic Consequences," 1976.
m. The Florida House of Representatives, Seminar on the Constitutional Problems of Tak-
ings, "The Economics of Takings, " 1976.
n. American Law Institute/American Bar Association;
(1) "Capital Improvement Financing"
(2) "Handling The Controversial Land-Use Case"
o. American Planning Association:
(1) "Florida's Experience withlmpact Fees," 1985.
(2) "Calculating Impact Fees," 1986, 1988 and 1989.
(3) "Impact Fees After Nollan," 1987.
Resume 9
(4) "Recent Events in Impact Fee CaJculations," 1990.
(5) "Impact Fees On Trail," 1991 and 1992.
(6) "Environmental Mitigation Fees," 1992.
(7) "Environmental Mitigation Fees," 1994.
(8) "The Hackensack Meadowlands Development Plan," 1995.
p. "CaJculating Proportionate Share Impact Fees Under The Rational Nexus Test," a series
of regional presentations delivered at:
(1) Baltimore, Maryland, 1987
(2) Atlanta, Georgia, 1987
(3) Tulsa, Oklahoma, 1987
(4) Portsmouth, New Hampshire, 1987
(5) Augusta, Maine, 1988
(6) Los Angeles, California, 1988
(7) Little Rock, Arkansas, 1988
(8) Milwaukee, Wisconsin, 1988
(9) Boston, Massachusetts, 1988
(10) Denver, Colorado, 1988
(11) San Diego, California, 1989
(12) New York, New York, 1989
(13) Boston, Massachusetts, 1989
(14) Burlington, Vermont, 1989
(15) Dallas, Texas, 1990
(16) San Francisco, California, 1990
(17) London, England, 1990
(18) Atlanta, Georgia, 1990
(19) Denver, Colorado, 1990
(20) Cape Cod, Massachusetts, 1990
(21) Hilo, Hawaii 1990
(22) Hilton Head, South Carolina 1991
(23) Denver, Colorado, 1991
(24) Seattle, Washington 1991
(25) Sacramento, California 1991
(26) Virginia Beach, Virginia 1991
(27) Orlando, Florida 1992
(28) San Francisco, California 1992
(29) London, England, 1992
(30) Atlanta, Georgia, 1993
(31) San Francisco, California, 1994
(32) Orlando, Florida 1994
(33) San Francisco, California, 1995
(34) Orlando, Florida 1995
(35) London, England 1998
(36) Columbia, South Carolina 1999
(37) Des Moines, Iowa 2000
4. Grants
Resume 10
As Acting Director/Associate Director of the Joint Center, grantsmanship was a primary responsi-
bility. Over 75 grants totaling over $4 million were received.
II. SPECIAL PROFESSIONAL ACTIVITIES
A. Member, Florida Property Right Commission, 1994-95.
B. Advisor on Economic Development and Immigration Policy, Office of the Governor, Common-
wealth of the Northern Marianas Islands, 1993.
C. Advisor on Growth Management and Financial Policy, Office of the Governor, State of Hawaii,
1992-93.
D. Advisor on Growth Management and Environmental Policy, State of Parana, Brazil, 1992-93.
E. Technical Advisor on Economic Development, Vovoidship ofOlsztyn, Poland, 1992.
F, Participant and Speaker, "Impact Fees? Can They Work Here?" Special Seminar Sponsored by the
Department of Land Economy, University of Cambridge, London, United Kingdom, 1992.
G. Participant and Speaker, Workshop on Legal and Technical Assistance for Eastern Europe, Spon-
sored by the Central and Eastern European Legal Initiative, American Bar Association, Krakow,
Poland, 1992.
H. Participant and Speaker, International Symposium on the Establishment of a World Environmental
Court, Florence, Italy, 1991.
I. Participant and Speaker, Special Seminar on Plarming Gain or Paying for Growth?, Institute of
Advanced Legal Studies, University College - London, London, United Kingdom, 1990.
1. Participant and Speaker, International Symposium on The Problems of Heavily Polluted Areas,
Wroclow, Poland, 1989.
K. Participant and Speaker, Second International Symposium on Current Legal Issues Impacting
East-West Trade, Warsaw, Poland, 1988.
L. Technical Advisor on Land Policy, Constitutional Commission for the United States of Brazil,
Campo Grande, Matto Grosso del SuI, Brazil, 1988.
M. Participant and Speaker, International Symposium on Current Legal Issues Impacting East-West
Trade, Warsaw, Poland, 1986.
N. Member, American Delegation, Royal Society of Chartered Surveyors Session of Anglo-American
Urban Experience, London, United J(jngdom, 1983.
O. Member, American Delegation, International Association of Administrative Sciences, Berlin, West
Germany, 1983.
Resume 11
P. Participant, HUD Task Force on "Development Choices for the 80's," 1981.
Q, Participant, American Planning Association/Urban Land Institute/HUD Conference on
Non-Metropolitan Growth, 1980.
R. Staff Economist, Florida Tax Reform Commission, 1979-80.
S. Participant, u.s. Department of Housing and Urban Development, National Task Force on Hous-
ing costs, 1979-80.
T. Executive Director, (Florida) Governor's Task Force on Economic Policy, 1979.
U. Staff Economist, Florida Environmental Land Management Study Committee, 1974-75.
III. RELEVANT PROFESSIONAL EXPERIENCE
A. CONSULTANT TO:
1. Government of the United States;
a. U.S. Department of the Interior
b. U.S. Environmental Protection Agency
c. U.S. Department of Defense, Army Corps of Engineers
2. Republic ofEI Salvador
3. Commonwealth of the Northern Maranias Islands
4. Commonwealth of Puerto Rico
5. State of Delaware, Department of Transportation
6. State of Hawaii, Office of the Governor, Office of State Planning
7. State of New Hampshire, Office of the Governor
8. State of New Jersey;
a. The Pinelands Commission
b. Hacksensack Meadowlands Development Commission
9, State of Florida;
a. The Florida Senate
b. Environmental Land Management Study Committee
c. Power Plant Sitting Committee
d. Department of Community Affairs
e. Department of Natural Resources
f. Department of Environmental Protection
g. Department of Professional Regulation
h. Florida Regional Agencies;
(1) South Florida Regional Planning Council
(2) Southwest Florida Regional Planning Council
(3) Treasure Coast Regional Planning Council
(4) South Florida Water Management District
(5) Suwannee River Water Management District
Resume 12
10. Counties of: (selected)
Anne Arundel, Maryland
Broward, Florida
Burlington, New Jersey
Charlotte, Florida
Clark, Nevada
Cobb, Georgia
Collier, Florida
Dade, Florida
DeKalb, Georgia
Douglas, Colorado
DuPage, Illinois
Forsyth, Georgia
Hawaii, Hawaii
Hernando, Florida
Hillsborough, Florida
Kern, California
Lake, Florida
Lee, Florida
Martin, Florida
Monroe, Florida
Montgomery, Pennsylvania
Palm Beach, Florida
Pitkin, Colorado
St. Lucie, Florida
St. Johns, Florida
Sarasota, Florida
Suffolk, New York
Teton, Wyoming
Walton, Florida
Washoe, Nevada
11. Cities of: (selected)
Albuquerque, New Mexico
Alpharetta, Georgia
Bakersfield, California
Beavercreek, Ohio
Boca Raton, Florida
Bradenton, Florida
Canton, Georgia
Chardon, Ohio
Destin, Florida
Gatlinburg, Tennessee
Hialeah, Florida
Honolulu, Hawaii
Key West, Florida
Miami Beach, Florida
Orlando, Florida
Palm Beach, Florida
Resume 13
Portland, Maine
Reno, Nevada
Sanibel, Florida
Scottsdale, Arizona
Southampton, New York
Virginia Beach, Virginia
West Palm Beach, Florida
12. Private Corporations: (selected)
The Arvida Corporation
Bramalea Limited
Boca Del Marrrexaco, Inc.
Deltona Corporation
Flag Development Company
Florida Home Builders Association
Florida Power and Light Corporation
Florida Power Corporation
Freeport-MacMoran, Inc.
General Development Corporation
Prudential Insurance Company
Texas Instruments, Inc.
The Foundation Land Company
Tishman-Spyre Properties
U.S. Home Corporation
Westinghouse Communities, Inc.
B. Expert Testimony:
United States District Courts
United States Bankruptcy Court
United States Courts of Claim
Judicial Courts of Florida
Judicial Courts of New Jersey
Judicial Courts of Illinois
Judicial Courts of Iowa
Judicial Courts of Ohio
Numerous Administrative Boards - Federal, State and Local
IV. PUBLIC SERVICE
A. Member, Florida Property Rights Commission, 1994-1995.
B. Member, Florida Land Use Data System Advisory Council, Florida Department of
Community Affairs, 1984-85.
C. Assistant Director, Southeastern American Assembly on the City and the Farm, 1980.
Resume 14
D. Member ofthe Board, Broward-Palm Beach Economics Forum, 1980-1985. President,
1982-83.
E Member, Economics Advisory Committee, Florida Department of Environmental Regu-
lation, 1978-1982.
F. Member, Palm Beach County (Florida) Charter Advisory Commission, 1978-79.
G. Member, Economics Advisory Panel, State of Florida, State Comprehensive Plan Com-
mittee, 1985-87.
H. Member, Technical Advisory Committee, South Florida Regional Planning Council,
1972-74.
1. Member and Vice-Chairman, Economic Advisory Committee, South Florida Regional
Planning Council, 1972-74.
1. Reporter, Member of the Drafting Committee and Participant, "Florida 2000: Gover-
nor's Conference Growth and the Environment," October 1973.
K. Member, Palm Beach County (Florida) Land Use Advisory Board, 1971-77. Chairman,
1971-1973.
VI. MEMBERSHIPS AND AWARDS
A. Professional:
1. American Planning Association
2. North American Society of Enviromnental Law,
Vice President
3. Urban Land Institute;
Member ofthe Industrial Development Council, 1979-85
Member of the Recreation Development Council, 1985-90
Member of the National Policy Council, 1990-92.
4. American Bar Association, Educational Affiliate
B. Honorary:
1. Omicron Delta Epsilon, Economics Honor Society
2. Pi Mu Epsilon, Mathematics Honor Society
3. Faculty Associate, Lincoln Institute of Land Policy, Cambridge,
Massachusetts.
C. A wards:
1. Professional Excellence Award, University of Florida, 1997.
2, Professional Excellence Award, University of Florida, 2001.
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE
IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 "TRANSPORTATION MITIGATION
IMPACT FEE"; ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUTATION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF A TRANSPORTATION MITIGATION
IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.31801 Florida Statutes entitled the "Florida
Impact Fee Act", the Florida Legislature found that impact fees are an important source
of revenue for a local government to use in funding the infrastructure necessitated by new
growth; and
WHEREAS, pursuant to Section 163.3177 Florida Statutes, the Legislature
enacted a transportation concurrency law which provides that public transportation
facilities and services needed to support development shall be available concurrent with
the impacts of development; and
WHEREAS, the Legislature recognized that there are areas where construction of
new or expanded roadways is not possible; and
WHEREAS, pursuant to Section 163.3180 Florida Statutes, local governments
may exempt an area from transportation concurrency (a "Transportation Concurrency
Exception Area") if the proposed development is 1) otherwise consistent with the local
Comprehensive Plan, 2) a project that promotes public transportation or is within an area
designated for urban infill development; and 3) the local government has adopted into its
Comprehensive Plan strategies to support and fund mobility within the designated
exception area; and
WHEREAS, the City of Aventura (the "City") was designated as a Transportation
Concurrency Exception Area when it adopted the City of Aventura Comprehensive Plan
in December of 1998; and
WHEREAS, the City adopted strategies in the City of Aventura Comprehensive
Plan to support and fund mobility within the designated exception area, including impact
fees and other methods which developers can use to mitigate impacts to the
transportation system by contributing funds for alternative modes of transportation that
promote mobility, particularly, the expansion, operation and maintenance of the City's
Circulator System, also known as the "Aventura Express" or as it may be renamed in the
future or any similar future transit system operated by the City, (the "Circulator System")
,as further described in a study entitled "A Program of Transportation Mitigation"
prepared for the City of Aventura by James C. Nicholas, PhD, dated July 2007 (the
"Transportation Mitigation Study"); and
WHEREAS, the City included an impact fee analysis in the Transportation
Mitigation Study to determine if an impact fee could be used to fund the expansion,
operation and maintenance of the City's Circulator System; and
WHEREAS the Transportation Mitigation Study finds that the City of Aventura can
accommodate the mobility needs of new development by expansion of the Circulator
System with the payment of a transportation mitigation impact fee and recommends that
the City adopt such a fee to support mobility through the use of mass transit within the
City and the City's policy of transportation concurrency exception; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed this ordinance to adopt a transportation mitigation impact fee
during a required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
transportation mitigation impact fee ordinance recommended by the City Commission,
acting in its capacity as the Local Planning Agency; and
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WHEREAS, the City Commission has reviewed this Ordinance and has
determined that such action is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
Section 2. City Code Amended. That the City Code of the City of
Aventura is hereby amended by amending Chapter 2 "Administration"; Article IV
"Finance"; Division 5 "Impact Fees"; by creating Section 2-302 "Transportation
Mitigation Impact Fee" to read as follows:
"Sec. 2-302. Transportation Mitigation Impact Fee.
(a) Impact Fee; In General.
1. This Section is intended to support and fund mobility within the City's
Transportation Concurrency Exception Area by collecting a transportation
mitigation impact fee (the "Transportation Mitigation Impact Fee") to allow the
expansion, operation and maintenance of the City's Circulator System, also
known as the Aventura Express, or as it may be renamed in the future or any
similar future transit system
2. In construing the provisions of Section 2-302, the pertinent definitions
contained in Section 2-301 (b) shall apply unless otherwise provided.
3. Any application for a building permit ("Building Permit") for Development
Activity, as defined in Section 2-301 (b), within the corporate limits of the City
shall be subject to the assessment of a Transportation Mitigation Impact Fee in
the manner and amount set forth in this Section. No Building Permit shall be
issued by the City until the applicant has paid the assessed Transportation
Mitigation Impact Fee as calculated pursuant to this Section.
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4. Notwithstanding payment of the Transportation Mitigation Impact Fees
pursuant to this Section, other state and local regulations may limit the issuance
of a Building Permit.
5. In the event Transportation Mitigation Impact Fees are paid prior to or
concurrent with the issuance of a Building Permit and subsequently, the Building
Permit is amended, the applicant shall pay the Transportation Mitigation Impact
Fee in effect at the time the amended Building Permit is issued with credit being
given for the previous fee paid.
6. In the case of change of use, redevelopment or expansion or modification of
an existing use on site which requires issuance of a Building Permit, the
Transportation Mitigation Impact Fee shall be based on the net increase in the
Transportation Mitigation Impact Fee for the new use as compared with the use
in effect on the effective date of this Section.
7. If a Building Permit is cancelled without development commencing, then the
applicant who paid the Transportation Mitigation Impact Fee shall be entitled to a
refund, without interest, of the Transportation Mitigation Impact Fee paid except
that the City shall retain three percent (3%) of the fee to offset a portion of the
costs of collection and refund. The applicant who paid the Transportation
Mitigation Impact Fee shall submit an application for such a refund to the City
Manager or his designee within thirty (30) days of the expiration of the order or
permit, or thereafter be deemed to waive any right to a refund.
8. In the event the Circulator System is discontinued by action of the City
Commission, or if the City fails to use or encumber any existing funds by the end
of the calendar quarter immediately following ten (10) years from the effective
date of this Section, upon application of the then current fee simple title holder,
funds may be returned to such title holder, without interest, provided that the title
holder submits an application for a refund to the City Manager or his designee
within one hundred and eighty (180) days of the expiration of the ten (10) year
period. However, this section shall not apply to Development of Regional Impact
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or any development with phased or long term buildout. Any claim not so timely
made shall be deemed waived.
9. Funds shall be deemed expended for the purposes of this Section when a
contract, agreement or purchase order encumbering all or a portion of the
payment of said funds shall be approved by final City action.
(b) Impact Fee Computation Formula.
1. The applicant shall pay a Transportation Mitigation Impact Fee amount based
on the formula set forth in the table below or as it may be amended by Ordinance
of the City Commission. The fee shall be collected by the Community
Development Department prior to issuance of a Building Permit for Development
Activity. Such fee will be based on the cost required to serve the increased
demand for use of the Circulator System resulting from the proposed new
Development Activity. The formula to be used to calculate the Transportation
Mitigation Impact Fee is established as follows for each property use:
TRANSPORTATION MITIGATION FEE CHART
CITY OF AVENTURA
Land Use (Unit of Measure) Persons Cost per
per Unit Unit of
of Measure
Measure
Residential (per dwelling unit) 0.972 $1,320.70
Office (per 1,000 FT) 1.557 $2,115.94
Retail (per 1,000 FT) 2.203 $2,993.95
Industrial (per 1,000 FT) 1.324 $1,799.30
Institutional & Other (per 1,000 FT) 2.396 $3,255.14
2. The fee per Residential Dwelling Unit or fee per thousand nonresidential
square feet shall be multiplied by the applicant's total number of dwelling units for
residential property or total number of thousands of square feet for nonresidential
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property. The total will then be multiplied by 1.03 for a general administrative
charge of three (3%) percent. The resulting total is the Transportation Mitigation
Impact Fee and administrative charge, which amount shall be paid by the
applicant.
3. In the case of Development Activity involving a change of use or magnitude of
use in which a Building Permit is required, the proposed development shall be
required to pay a Transportation Mitigation Impact Fee only for the increase in use
of the Circulator System resulting from new Development Activity. The
Transportation Mitigation Impact Fee shall be the difference between the
computed Transportation Mitigation Impact Fee for the proposed Development
Activity and the computed Transportation Mitigation Impact Fee for the existing
Development Activity. Any Building Permit which expires or is revoked after the
effective date of this Section and for which a fee has not previously been paid
under this Section shall be required to comply with the provisions herein. No
refunds will be given for proposed development activity resulting in a negative fee
calculation.
4. If the type of activity within a proposed or current development is not specified,
the City Manager or his designee shall use the activity most nearly comparable
that will result in payment of a fair and equitable Transportation Mitigation Impact
Fee.
5. In determining existing Development Activity and the units or thousands of
square feet of proposed or existing development, the Community Development
Department shall use the Building Permit and the Certificate of Use information
contained in the building or zoning records of Miami-Dade County or the City.
(c) Impact Fee Exemptions.
1. Alteration, expansion or replacement of an existing building or residential
dwelling unit where the use is not changed and the number of residential dwelling
units or square footage is not increased shall not be subject to the Transportation
Mitigation Impact Fee.
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2. The burden of demonstrating the previous use or previous payment of a
Transportation Mitigation Impact Fee shall be upon the applicant. In cases where
there is an existing use, any additional fees shall be based upon the alteration to
the existing use.
3. Government or public facilities used for governmental purposes are exempt
from the Transportation Mitigation Impact Fee, including those parcels, grounds,
buildings or structures owned by the federal government, State of Florida, Miami-
Dade County, the City, the Miami-Dade County Public Schools or the South
Florida Water Management District, including, but not limited to, governmental
offices, police and fire stations, airports, seaports, parking facilities, equipment
yards, sanitation facilities, water control structures, schools, parks and similar
facilities in or through which general government operations are conducted. It is
provided, however, that the following shall not be considered governmental or
public facilities and shall be subject to the provision of this Section: (1) privately
owned properties or facilities leased for governmental operations or activities and
privately owned charter schools; (2) public properties or facilities used for private
residential, commercial or industrial activities.
4. The construction of accessory buildings or structures is exempt where 1) the
use is not changed, 2) any additional impact on the Circulator System is negligible;
and 3) the number of residential dwelling units or square footage is not increased.
5. A building replacement meeting the requirements of the Florida Building Code,
(where such replacement is necessitated by partial destruction) and meeting the
requirements of the City's Land Development Regulations, is exempt.
6. Parking garages are exempt from the Transportation Mitigation Impact Fee
when the structure is accessory to a primary use.
7. An exemption must be claimed by the applicant prior to paying the
Transportation Mitigation Impact Fee. Any exemption not so claimed prior to
payment shall be deemed to have been waived by the applicant.
(d) Impact Fee Expenditures.
1. Expenditures from the Impact Fee shall include, but not be limited to:
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a) All costs related to expansion of the Circulator System;
b) All costs related to operation of the Circulator System; and
c) All costs related to maintenance of the Circulator System.
2. The three (3%) percent general administrative cost portion of the
Transportation Mitigation Impact Fee, as provided in herein, shall be deposited into
the General Fund and shall be used to offset the costs of administering the
Transportation Mitigation Impact Fee.
(e) Establishment of Fund. Transportation Mitigation Impact Fees collected
pursuant to this Section shall be accounted for in the Transportation and Street
Maintenance Fund established by the City."
Section 3. 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 made a
part of the City of Aventura Code of Ordinances; 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 as needed.
Section 4. 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 5. Effective Date. That following adoption on second reading, this
ordinance shall be effective from and after the date which is ninety (90) days after the
publication of a notice that this ordinance has been adopted and providing the effective
date of this ordinance, except that the provisions of this ordinance which require the
8
publication of said notice shall be effective immediately upon adoption on second
reading.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
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PASSED on first reading on this 8th day of January, 2008.
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFI~NCY:
H~~
CITY ATTORNEY
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO: City Commission
DATE: December 5, 2007
SUBJECT: Ordinance Approving Agreement between City and Roy R. Lustig,
Trustee for Exchange of Real Property
1st Reading January 8, 2008 City Commission Meeting Agenda Item ti
2nd Reading February 5,2008 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance authorizing
the execution of the Agreement between City and Roy R. Lustig, Trustee for the
exchange of real property located on Biscayne Boulevard.
BACKROUND
As discussed at the September Workshop Meeting, the owner, Roy R. Lustig, Trustee
of two frontage parcels of vacant land at 21400 Biscayne Boulevard issued a proposal
regarding the exchange of City property located at 21300 Biscayne Boulevard. The
owner was willing to exchange a portion of the Lustig parcel with the City in exchange
for the City's parcel located at 21300 Biscayne Boulevard based on the following major
terms and conditions:
1. Lustig pays the City $1,500,000 for the City parcel.
2. Lustig dedicates a portion of their site to the City to allow for the construction
of N.E. 213th Street to be extended west of Biscayne Boulevard to N.E. 29th
Court.
3. Lustig pays for and constructs the new street, N.E. 213th Street, between
Biscayne Boulevard (US-1) and N.E. 29th Court. Construction will commence
within three years or upon the issuance of building permits for construction on
either the City parcel or the remaining portion of the Lustig piece, whichever
is sooner.
Memo to City Commission
Page 2
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01604-07
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
APPROVING AGREEMENT BETWEEN THE CITY OF
A VENTURA AND ROY R. LUSTIG, TRUSTEE FOR
EXCHANGE OF REAL PROPERTY; PROVIDING FOR THE
SALE AND EXCHANGE OF CITY REAL PROPERTY;
PROVIDING FOR IMPLEMENTATION OF TRANSACTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to sell and convey a parcel of City owned land
(the "City Parcel") which has been found to be surplus and not needed for City purposes, subject to
a reservation of a portion of the City Parcel for right-of-way purposes and conditioned upon: (1)
the City's receipt of additional land (the "Lustig Parcel") which the City intends to use for roadway
purposes, and (2) the construction of road improvements, as part of the consideration for the sale of
the City Parcel, all as described in the Agreement between the City of A ventura and Roy R. Lustig
,Trustee for Exchange of Real Property (the "Agreement"); and
WHEREAS, the City Commission finds that the approval of the Agreement is in the bests
interest of the City and will further the advancement and implementation of the capital
improvement program of the City by enhancement of the provision of road improvements.
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. Ae:reement Approved; Transaction Authorized.
A. That pursuant to City Charter Section 4.03(7), the Agreement is hereby
approved, the sale and conveyance of the City Parcel is hereby authorized, and
the acceptance of the Lustig Parcel is hereby authorized.
Ordinance No. 2008-
Page 2
B. That the City Manager is authorized to execute the Agreement, in substantially
the form which is attached hereto, the City's instrument of conveyance, the
closing papers, and all other necessary documents, once approved by the City
Attorney as to form and legal sufficiency.
C. That the City Manager and City Attorney are hereby authorized to take any
action which is necessary to consummate the closing of the transaction and to
enforce the Agreement and all agreements related thereto.
That this Ordinance shall be effective immediately
Section 3.
Effective Date.
upon adoption on second reading.
The foregoing Ordinance was offered by
first reading. This motion was seconded by
the vote was as follows:
, who moved its adoption on
, and upon being put to a vote,
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
The foregoing Ordinance was offered by
on second reading. This motion was seconded by
vote was as follows:
who moved its adoption
and upon being put to a vote, the
Commissioner Zev Auerbach
Commissioner Ten Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
2
Ordinance No. 2008-
Page 3
PASSED AND ADOPTED on first reading this 8th day of January, 2008.
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
N~~
City Attorney
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AGREEMENT
BETWEEN THE
CITY OF A VENTURA
AND
ROY R. LUSTIG TRUSTEE, OF THE
FOR EXCHANGE OF REAL PROPERTY
This Agreement (the "Agreement"), made and entered into the day of ,2008,
by and between the City of Aventura (the "City"), a Florida municipal corporation, having an address at
19200 West Country Club Drive, Aventura, Florida 33180, and ROY R. LUSTIG, TRUSTEE OF
("Lustig"), having an address at , for
the purpose of exchanging certain real property.
WITNESSETH:
WHEREAS, Lustig is the owner of a certain parcel of real property located in the City of A ventura,
County of Miami- Dade, Florida, comprised of and referred to as the "Lustig Parcel", as more particularly
collectively described on Exhibit "A" attached hereto.
WHEREAS, the City is the owner of a certain parcel of real property located in the City of A ventura,
County of Miami- Dade, Florida, comprised of and referred to as the "City Parcel", as more particularly
collectively described on Exhibit "B" attached hereto.
WHEREAS, subject to the terms and conditions of this Agreement, Lustig and the City have agreed to
exchange the Lustig Parcel for the City Parcel.
WHEREAS, the City intends to use the Lustig Parcel for roadway purposes.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the
parties, Lustig and the City agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and
hereby incorporated into this Agreement as if fully set forth herein.
2. General Intent. It is the intent of the parties that Lustig will convey the Lustig Parcel to the
City, and the City will convey the City Parcel to Lustig. Subject to the terms and conditions set forth herein,
Lustig agrees to convey the Lustig Parcel to the City and the City agrees to convey the City Parcel to Lustig.
The Parcels shall be conveyed to the respective parties on an "as-is" "where-is" basis with each party being
responsible for all closing costs associated with the Parcel it is receiving including, but not limited to, due
diligence inspections, title insurance, survey, transfer taxes, if any, and attorney's fees and costs.
3. Due Dili2ence~ Title~ and Survey.
(a) Within five (5) business days of the Effective Date, Lustig and the City shall deliver to
each other all material documentation in that party's possession or control relating to the respective Parcels
including, but not limited to the following: (i) any existing owner's title insurance policy or other title
information; (ii) any existing survey; and (iii) any existing reports, written material and relevant information
relating to the physical condition of the Parcel (e.g. soil borings report and environmental investigation report).
(b) For a period offorty five (45) days following the Effective Date (the "Due Diligence
Period") the parties shall have the right to make whatever reasonable inspections and investigations of the
Parcel they are receiving as that party may deem appropriate and at that party's sole cost and expense,
including, without limitation, the following: (i) physical inspection of the Parcel, (ii) soil investigation, (iii)
environmental assessment, and (iv) engineering, utilities and site studies.
(c) F or the purpose of conducting its inspections, each party agrees to provide the other
party and its agents and independent contractors reasonable access to the Parcel during the Due Diligence
Period. In exercising the privileges granted pursuant to this Agreement, each party shall immediately restore
the Parcel to the condition existing prior to its activities on the Parcel. In consideration of the right to inspect
the Parcel, each party agrees, to the extent permitted by law, to indemnify, defend and hold the other party
harmless from any actions, suits, liens, claims, damages, expenses, losses and liability for damage of any kind
arising from or attributable to any acts performed by the inspecting party or its agents or independent
contractors in exercising its rights hereunder. This agreement to indemnify shall survive closing or the
expiration or earlier termination of this Agreement and, in the case of the City, shall be subject to the
provisions and monetary limitations of Section 768.28, Florida Statutes. With respect to the parties, their
agents and/or their independent contractors performing inspection activities hereunder, each party shall be
required to maintain comprehensive general liability (occurrence) insurance in an amount of not less than One
Million and 001100 Dollars ($],000,000.00) covering any personal injury, death and/or property damage
arising out of, related to and/or in connection with the presence and activities of the parties, their agents and/or
their independent contractors on or relating to the parcels and listing the owner of the parcel as an additional
insured under such policy and shall deliver a certificate of insurance verifying such coverage to the owner of
the parcel prior to, and as a condition of, entry upon the parcel. .
(d) During the Due Diligence Period, each party shall have the right, but not the
obligation, to obtain a commitment for a policy of owner's title insurance (the "Title Commitment") which
shall insure that party's title to the parcel it will be receiving, which Title Commitment shall be written by or
for a title insurer licensed to do business in the State of Florida ("Title Company") and shall bind the Title
Company to deliver a policy of owner's title insurance in an amount to be determined by the party receiving the
parcel ("Title Policy"). Additionally, during the Due Diligence Period, each party shall have the right, but not
the obligation, to obtain a survey ("Survey") of the parcel it will be receiving, which Survey shall be prepared
by a surveyor licensed by the State of Florida. Neither party shall have any obligation to expend any funds,
take any action, or incur any liabilities in order to cause any title or survey matters to be cured or removed from
the Title Commitment or Survey, except as set forth in the following sentence. Each party shall (i) satisfy, pay
or discharge any lien, mortgage or judgment affecting the Parcel it is conveying, and (ii) provide all documents
and take all action required by the Title Commitment for the parcel it is conveying to the extent that such party
is the appropriate party to do so, subject to the obligations set forth in (i) above. The cost and expense ofthe
Title Commitment (including any search, exam and update fees), Title Policy, and Survey for the City Parcel
shall be paid by Lustig, and the cost and expense of the Title Commitment (including any search, exam and
update fees), Title Policy, and Survey for the Lustig Parcel shall be paid by the City.
(e) If either party is dissatisfied, for any reason and in that party's sole judgment, with the
result of its investigations, then such party may cancel this Agreement by notifying the other party in writing
(the "Cancellation Notice") of such cancellation prior to expiration of the Due Diligence Period. Upon receipt
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of the Cancellation Notice, this Agreement shall be immediately tenninated, and the City and Lustig shall be
released and discharged from all further obligations under this Agreement except any rights and obligations
that expressly survive tennination, and neither City nor Lustig shall be subject to any claim by the other for
damages of any kind except for any applicable indemnity as provided in this Section 3( c) of this Agreement. If
no Cancellation Notice has been delivered by either party to the other party prior to expiration of the Due
Diligence Period, then (i) both parties shall be deemed to have waived its right to cancel this Agreement under
this Section 3, and (ii) the parties shall proceed to close on the exchange of the Parcels as set forth in Section 4
below.
(f) Each party may continue to operate its parcel in the ordinary course of business from
the Effective Date of this Agreement until closing or earlier tennination of this Agreement.
4. Closine of Exchanee. Provided that neither party has provided a Cancellation Notice to the
other party prior to the expiration of the Due Diligence Period as set forth in Section 3(e) above:
(a) The consummation and conveyance of the exchange of Parcels (the "Closing") shall
take place at City Hall of the City of A ventura, Florida, having an address at 19200 West Country Club Drive,
A ventura, Florida 33180, on the date which is ten (10) business days after the satisfaction or fulfillment of the
Closing Contingencies (as hereinafter described), but in no event later than thirty (30) days after the end of the
Due Diligence Period (the "Closing Date"). If the parties desire to change the Closing Date, the Closing Date
may be changed by the City Manager on behalf of the City, without the necessity of obtaining approval ofthe
change by the City Commission. The Closing may occur through an escrow.
(b) All costs and expenses to be paid by the City and Lustig in accordance with the
provisions of this Agreement shall be paid and all documents, necessary for the consummation of this
transaction shall be executed and delivered on or prior to the Closing Date, and the parties shall deliver
possession of the parcels to one another on the Closing Date, subject to satisfaction of the contingencies set
forth in this Agreement.
(c) Lustig shall execute and deliver a Special Warranty Deed (the "Lustig Parcel Deed")
in fonn and substance attached hereto as Exhibit C transferring to the City marketable fee simple title to the
Lustig Parcel, together with the following:
(i) a no lien affidavit in fonn and substance attached hereto as Exhibit D;
(ii) all documents required by Schedule B- I of the Title Commitment issued for
the Lustig Parcel to the extent such documents are not otherwise required to be delivered by the other party
hereto, if any;
(iii) if applicable, any satisfactions, releases, tenninations and other documentation
with respect to any mortgages, liens or judgments affecting the Lustig Parcel; and
(iv) if applicable, proof of compliance with Section 196.295, Florida Statutes.
(d) Lustig shall also deliver to the City the purchase price for the City Parcel of ONE
MILLION FIVE HUNDRED THOUSAND AND Noll 00 Dollars ($ I ,500,000.00) (herein referred to as the
"Purchase Price"). The entire Purchase Price, subject to adjustments and prorations as herein provided, shall
be due and payable by cashier's check or in immediately available funds, by wire transfer, at Closing.
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(e) The City shall execute and deliver to Lustig a Special Warranty Deed (the "City Parcel
Deed") in form and substance attached hereto as Exhibit C transferring marketable fee simple title to the City
Parcel, together with the following:
(i) a no lien affidavit in form and substance attached hereto as Exhibit D;
(ii) all documents required by Schedule B-1 ofthe Title Commitment issued for
the City Parcel to the extent such documents are not otherwise required to be delivered by the other party
hereto, if any; and
(iii) if applicable, any satisfactions, releases, terminations and other documentation
with respect to any mortgages, liens or judgments affecting the City Parcel.
The City, as a municipal corporation, is exempt from the payment of ad valorem real property taxes and
therefore, the City represents and warrants that there are no such taxes due and owing on the City Parcel up
until the Closing Date.
5. Closin2 Contin2encies. Lustig's obligation to tender the Lustig Parcel Deed to the City in
accordance with the terms ofthis Agreement is conditioned upon the delivery by the City to Lustig ofthe City
Parcel Deed and all documents required by Section 4( e) above; and City's obligation to tender the City Parcel
Deed in accordance with the terms of this Agreement is conditioned upon the delivery by Lustig to the City of
the Lustig Parcel Deed and all documents required by Section 4( c) above to the City, all in accordance with the
terms of this Agreement. Furthermore, these obligations to tender the respective parcel deeds are contingent
upon the title company issuing a Title policy pursuant to the commitments obtained by each party, and upon
the commencement of no condemnation actions with respect to either parcel. The failure of either the City or
Lustig to fulfill the applicable conditions set forth above shall entitle the non-defaulting party to terminate or,
instead of terminating this Agreement, the non-defaulting party may pursue a suit for specific performance.
6. Obli2ation to Construct Road. Lustig hereby agrees, at its sole cost and expense, to begin
construction of a new extension ofNE 213th Street as depicted on the attached Exhibit "E" (the "Roadway")
within the earlier of: (i) three (3) years of the Effective Date; or (ii) the issuance of a building permit covering
the City Parcel or any property adjoining the Lustig Parcel ("Road Construction Deadline").
(a) Failure to Obtain Buildin2 Permit. If Lustig fails to begin construction of the
Roadway within the earlier ofthe issuance of a building permit or three (3) years of the Effective Date and to
diligently complete the Roadway to City's satisfaction, Lustig will be required to pay to City the sum of Four
Hundred Thousand and NollOO Dollars ($400,000.00) within ten (10) business days after the Road
Construction Deadline in clear and available funds.
(B) Documentation of A2reement. At Closing, Lustig will execute an Agreement to
Construct in substantially the form attached as Exhibit "F", confirming Lustig's covenant to construct the
roadway, which document will be recorded at the time of Closing.
7. Recordin2 Costs. The cost of recording the Lustig Parcel Deed including any documentary
stamp and/or other transfer taxes and the Agreement to Construct shall be paid by the City. The cost of
recording the City Parcel Deed including any documentary stamp and/or other transfer taxes shall be paid by
Lustig.
8. AS-IS EXCHANGE. NOTWITHSTANDING ANYTHING THA T MAY BE CONTAINED
HEREIN TO THE CONTRARY, (A) CITY, WITH RESPECT TO LUSTIG PARCEL, AND LUSTIG, WITH
RESPECT TO CITY PARCEL, SHALL ACQUIRE SUCH PARCELS IN THEIR "AS IS" AND "WHERE
IS" CONDITION; AND (B) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND IN
4
THE LUSTIG PARCEL DEED, THE CITY PARCEL DEED AND CORRESPONDING AFFIDAVITS,
NEITHER THE CITY NOR LUSTIG HAS MADE ANY WARRANTY OR REPRESENTATION, EITHER
EXPRESSED OR IMPLIED, WITH RESPECT TO ANY OF THE REAL PROPERTY CONVEYED
PURSUANT TO THE CITY PARCEL DEED OR THE LUSTIG PARCEL DEED, RESPECTIVELY.
9. Notices. All notices, requests, consents and other communications required or permitted
under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, sent by facsimile, or mailed (airmail if international) by registered or
certified mail (postage prepaid), return receipt requested, addressed to:
To the City:
Eric M. Soroka, City Manager
City of A ventura
19200 West Country Club Drive
A ventura, Florida 33180
Fax No.: 305-466-8919
Phone No.: 305-466-8910
with a copy to:
John J. Kendrick III, Esq.
Weiss Serota Helfman
Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Miami, Florida 33134
Fax No.: (305) 854-2323
Phone No.: (305) 854-0800
To Lustig:
Roy R. Lustig, Trustee
Phone No.:
Fax No.:
with a copy to:
Stanley Price, Esq.
Bilzin, Sumberg, Baena, Price & Axelrod, LLP
200 South Biscayne Blvd., Suite 2500
Miami, Florida 33131
Phone No.: (305) 350-2374
Fax No.: (305) 351-2204
5
or to such other address as any party may designate by notice complying with the terms of this paragraph.
Each such notice shaH be deemed delivered (a) on the date delivered ifby personal delivery; (b) on the date of
transmission with confirmation ifby facsimile; and (c) on the date upon which the return receipt is signed or
delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if
mailed.
10. Assi2nment. Neither this Agreement nor any interest herein shall be assigned, transferred, or
encumbered by any party.
11. Effective Date. The "Effective Date" of this Agreement shaH be the last day upon which it
becomes fully executed by all parties hereto and the Agreement shall not become effective until fully executed
by aH parties hereto.
12. No Third Party Beneficiaries. Neither the City nor Lustig intends to directly or substantially
benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to
this Agreement and that no third party shaH be entitled to assert a claim against any of the parties based upon
this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations
in any third person or entity under this Agreement.
13. No Waiver. The parties agree that each requirement, duty, and obligation set forth herein is
substantial and important to the formation of this Agreement and, therefore, is a material term hereof. Any
party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or
modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a
waiver of any subsequent breach and shaH not be construed to be a modification of the terms of this
Agreement.
14. Com pliance with Laws. Each party shaH comply with aH applicable federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations
pursuant to this Agreement.
15. Ne20tiated A2reement. The parties acknowledge that they have sought and received
whatever competent advice and counsel as was necessary for them to form a fuH and complete understanding
of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The
language agreed to expresses their mutual intent and the resulting document shaH not, solely as a matter of
judicial construction, be construed more severely against one of the parties than the other.
16. Governin2 Law. This Agreement shaH be interpreted and construed in accordance with and
governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement
and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the
jurisdiction of the State courts of the Eleventh Judicial Circuit of Miami-Dade County, Florida.
17. Waiver Of JUry Trial. BY ENTERING INTO THIS AGREEMENT, EACH PARTY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MA Y HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF THIS AGREEMENT.
18. Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shaH be effective unless contained in a written document prepared with the same or similar
formality as this Agreement and executed by each party hereto.
6
19. Entire A2reement. This document incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings applicable to the matters contained herein and
the parties agree that there are no commitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is
further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall
be effective unless set forth in writing in accordance with Section 18 above.
20. Exhibits. The attached Exhibits "A" through "F" inclusive are incorporated into and made a
part of this Agreement.
2 I. Counterparts. This Agreement may be fully executed in counterparts by all parties, each of
which, bearing original signatures, shall have the force and effect of an original document.
22. Default. In the event of any failure of compliance by any party hereto with respect to any of
its obligations as provided for herein such action shall constitute a default by such party under this Agreement.
Upon any such default, a non-defaulting party shall provide to the defaulting party notice of such default,
which notice (a "Default Notice") shall state in reasonable detail the actions non-defaulting must take to cure
the same. The defaulting party shall cure any such default within ten (10) business days following the date of
the Default Notice. If the nature of the defaulting party's obligations are such that more than ten (10) business
days is required to effect cure, and the non-defaulting party provides its prior written consent (which may be
withheld in its sole and absolute discretion) with a time period to cure, then the defaulting party shall not be in
default hereunder if the defaulting party commences cure within the applicable cure period and thereafter
diligently pursues cure to completion of performance with the time period prescribed by the non-defaulting
party. In the event the defaulting party fails to effect any required cure as provided for herein, the defaulting
party shall be deemed to be in uncured default hereunder, and the non-defaulting may immediately terminate
this Agreement upon notice to the defaulting party. In addition to the foregoing, in the event of an uncured
default the non-defaulting party shall be entitled to a suit for specific performance.
23. Police/Re2ulatorv Powers. The City cannot and hereby specifically does not, waive or
relinquish any of its regulatory approval or enforcement rights and obligations as it may relate to regulations of
general applicability which may govern the Parcels, any improvements thereon, or any operations on the
parcels. Nothing in this Agreement shall be deemed to create an affirmative duty of the City to abrogate its
sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking
any other action in accordance with its zoning and land use codes, administrative codes, ordinances, rules and
regulations, federal laws and regulations, state laws and regulations, and grant agreements. In addition,
nothing herein shall be considered zoning by contract.
[REST OF PAGE LEFT INTENTIONALLY BLANK]
7
AGREEMENT BETWEEN THE CITY OF A VENTURA AND LUSTIG FOR THE PURPOSE OF
EXCHANGING CERTAIN REAL PROPERTY.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
respective dates under each signature: City of A ventura, a Florida municipal corporation through its City
Commission, signing by and through its City Manager, authorized to execute same by Commission action
adopting City Ordinance Number on the of , 2008; and
, as of Lustig.
CITY OF A VENTURA, through its
City Commission
ATTEST:
By:
Eric M. Soroka, City Manager
day of
,2008
Teresa M. Soroka, City Clerk
Approved as to form and legality
for the use of and reliance by the
City of A ventura only:
By:
, City Attorney
_ day of
,2008
WITNESSES:
Lustig:
Name:
Name: '
8
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
THIS IS TO CERTIFY, that on this
authorized to take acknowledgements ill
,as
produced a drivers license as identification.
day of
,2008
day of , 2008, before me, an officer duly
the State and County aforesaid, personally appeared
of Lustig, who (check one) [ ] is personally kno\m to me or [ ]
NOTARY PUBLIC
Print Name:_
My Commission Expires:
9
EXHIBIT A
LUSTIG Parcel
DESCRIPTION: RIGHT OF WAY DEDICAnON
A PORTION OF LOT 1, BLOCK 3, SEcnON 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
TOWN OF HALLANDALE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK "8", PAGE 13, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
----DESCRIBED-A-s-FOtI:OWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1, WITH
THE WEST RIGHT OF WAY OF 8/SCAYNE BOULEVARD, SAID .POINT BEING ON THE ARC
OF A CURVE CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS NORTH
88.50'22" WEST FROM THE LAST DESCRIBED POINT: THENCE NORTHEASTE;RL Y,
ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF
3784.13 FeET, A CENTRAL ANGLE OF 00"51'11", FOR AN ARC DISTANCE OF 515.35 FEET
TO THE POINT OF BEGINNING: THENCE NORTH 23~'50. wesT, A DISTANCE OF 42.32
FEET: THENCE NORTH eroo'10" WEST, A DISTANCE OF 104.55 FEET TO THE EAST
UN! OF RESERVED AREA, HALLENDALE PARK, PLAT BOOK 12, PAGE 37, MIAMI DADE
COUNTY RECORDS; THENCE NORTH 01"19'48" wesT, ALONG SAID EAST UNE, A
DISTANCE OF 34.02 FEET: THENCE NORTH 8O"5O'lS" EAST, A DISTANCE OF 158.59 FEET
TO SAID WEST RIGHT OF WAY OF BISCAYNE BOULEVARD, SAID POINT BEING ON THe
ARC OF A CURVE CONCAVE NORTHwESTERLY, WHOSE RADIUS POINT BEARS NORTH
69"29'38" WEST FROM THE LAST DESCRIBED POINT; THENCE SOUTHWESTERLY,
ALONG SAID RIGHT OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF
3784.83 FEET, A CENTRAL ANGLE OF 01"48'05., FOR AN ARC DISTANCE OF 11&.99 FEET
TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
CONTAINING 9141 SQUARE FElT OR G.210 ACRES MORE OR LESS.
THE BEARINGS REFERENCED ON THE AnACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS ASSUMED TO BEAR SOUTH
arlO'44" WEST.
THI AnACHED SKETCH IS BASED ON A SURVEY PREPARED BY Bl.OOIISTER
PROFESSIONAL LAND SURVEYORS, INCo DATED 03-1.... UNDER JOB NUMBER 2112,
AS PROVIDED BY CUENT.
CERTlF1CATE:
WI HEREBY CERTIFY THAT THIS DESCRIPfION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTUNED IN CHAPTER 81G17-1 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTeD
BY THE DEPARl'MENT OF BUSINESS AND PROFESSIONAL AEGULAnON, BOARD OF
- -PROFESSIONAL' SURVEYORS ANDMAPPERSulH SEPTEMBER.-1981; AS-AMENDED;
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
COfIRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
. CRAVEN THOMPSON & ASSOCIATES, IHe.
CERnFICATE OF AUTHORIZATION NUMBEFI LB 271
BRENT A SPENCI5A
PROFESSIONAL SURVEYOR AND "MAPPER NO. 8388
. STATE OF FLORIDA
Not valid wIthout the algnatura and the original ~Iaed .... of . Florida llcenaed aurveyor
and mapper.
SHEET 1 OF 2 SHEETS
N:\CIerIclIl\J0BS\2OO1\0100103\LEGAL\S1cD 213 ST DEIlICATlON-llEV1.doc
Created on eI8I2IX1T 3:80:00 PM
DMDfdmd
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.
CRAVEN -THOMPSON 8& ASSOCIATES, INC.
ENGINEERS · PLANNERS · SURVEYORS
3563 N.W. 53RD STREET FORT lAUDERDALE, FlORIDA 33309 (954) 739-6400
FAX: (954) 739-6409
FOR: QTY OF A VENTURA
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(1)CIt OTHClt lJOQIIICNr) . .
, :. . ' . ~. PaNT OF CoMUENCEuENT .
. INTERSECTION SCUTH fl(JUN()ARY
LOT , AND IlQr IfI(JHT or WA Y
BlSCA YNC I10IJUVARD
UPOAltS ond/.,. REVISIONS DAlt
JOlI NO.: 01-0103
DRAWN BY: BAS
SHEET 2 CIF 2 SHaTS
BY CK'O !t!lll 111............. _ CltAIIEH-'lHQIoIP'SCIN .. ASlIOCIAIU, JNC. _'11I
_t_ <lit ......1_ 01 Ie tII. in_loA ~ _ ~ 10
. _II, riIl'ta-........y. _I Ilock an... ,--"oIl.. ..._la - -
. ...... _Itara. _ fur.... IhIa Ino\MnIliI Is not .._ '" ,..... ., III lwlll
01 _. _tara. "ell 1n_1IoA -.... " abl.olnlOl - -'., .......
Ultaioth ~. I1U. ..nIoollon. .
~~ .:::. h..- .... nol _1101 lot ,.1-01-...., ~.,
G:\2001\010103\DWG\SD-NE 213 ST oa,ICA~-Rf."V1.D!VG
CHECKEO BY: MRM ,.s.N/A PG. N/A ElAltD: 04/04107 .
EXHIBIT B
City Parcel
DESCRIPTION: CITY PARCEL
A PORTION OF lOT 1, BlOCK 3, SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST,
TOWN OF HALLANDAlE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
.OOK ....., PAGE 13, OF THE PUBlIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA,
AHB-A-PGR'FIeN-GF-"FHI-RESERV1!B-ARIfA-BF-H-AloloANBAl:E-PARK,AeeBAElING..;-E)7--
THE PLAT THIREOF, AS RECORDED IN PLAT BOOK 12. PAGI! 37, OF THE PUBLIC
RECORDS OF MIAMl-DADI COUNTY, FLORIDA, DESCRIBlD AS FOLLOWS: '
BEGINNING AT THIINTERSECT10N OF THE SOUTH BOUNDARY OF SAID LOT " WITH
THE WEST RIGHT OF WAY OF BlSCAYNI BOULEVARD;
THENCE SOUTH BrIO'44" WEST, ALONG THE SOUTH BOUNDARY OF SAID lOT 1 AND
THE SOUTH UNE OF SAID HALLANDAlE PARK, A DISTANCE OF 151.02 FEET TO THE
EAST UNa IXTENDED SOUTH OF .LOCK 40 OF SAID HAlLANDALE PARK; THENCE
NORTH oerono" WEST, ALONG THE SAID, EAST UNE EXTENDED, A DISTANCE OF 32.08
FEI!T; THENCE NORTH IrA'U. EAST, A DISTANCE OP U.28 FEETj THlENCE NORTH
00-41'03" WEST, A DISTANCE OF 103.44 FEET; THENCE SOUTH 78.08'30" EAST, A
DISTANCE OF 33.H FRIT; THENCE SOUTH 10"00'10. EAIT, A DISTANCE OF 10U1
FEET; THENCE SOUTH ~" EAST, A DISTANCE OF 4U2 FEET TO THE WEST RIGHT
OF WAY OF IISCAYNE BOULEVARD, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE NORTHWESTERLY, WHOS& RADIUS POCNT BEARS NORTH tl7"41'37. WEST
FROM THE LAST DESCRIBED POINT; THENCE SOUTHWESTERLY, ALONG SAID RIGHT
OF WAY AND THI ARC OF SAID CURVE, HAVING A RADIUS OF S784.83 flIT, A
CENTRAL ANGLE OF 00"151'11", FOR AN ARC DISTANCE OF H.3I FEET TO THE POINT
OF BEGINNING.
. .
SAID LANDS SITUATlIN THE 'CITY OF AVENTUFlA, MIAMI-DADI COUNTY, FLORIDA;
CONTAlNNG 1... SQUARE FEET OR CI.38O ACRes MORE OR LESS.
THI BEARINGS RlflJllENCID ON THE ATTACH SKETCH ARetAIED ON AN ASSUMED
HARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS ASSUMED TO BIAR SOUTH
trSO'44"'WDT.
THE ATTACHED SKETCH II BASlD ON A SURVEY PREPARED BY BLOOMSTIR
PROFIISIIoNAL LAND SURVEYORS"INe. DATED 03-,..... UNDER JOB NUMBER 1112,
AS PROVIDED BY CUINT. '
CBlmPlCATI:
WE HERDY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE '
MINIMUM TICHNlCAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
. .ASOV'nJNIDJN ctI~..,G174 (FL()RIDA.ADM~ATJYI_CQDI),_AS ADO,~,,_
BY THE DEPARTMENT OF BUSINESS AND PROFUSIONAL RIGULAnON, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDQI AND Bl!!UEF.
CRAVIfN THOMPSON . ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 271
BRENT A SPENCER
, PROFESSIONAL SURVEYOR AND MAPPER NO. tS388
STAT! OF FLORIDA
Not valid without the algnllture and the original ralaed aeaI of a Florida IIcenaed aurveyor
and mapper.
SHEET 1 OF 2 SHEETS
N:\CI8rIcIIIJ08SI2OO1'OHtlO8\I.EQAI.\8aD 213 ST CITY PARCEI.-REV1.doC .
Cruted on warm 3:10:00 PM
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CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS · PLANNERS . · SURVEYORS
3563 N.W. 53RD STREET rOOT LAUDERDAlE, FlORIDA 33309 (954) 739-6400
F'AX: (954) 739-6409
FoR: Qrv OF A VENruRA
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CITY PARCEL
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ORA'" 'BY: BAS
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.._......... .. _ent_ ... '" IIle Iil__ reftoct'" .....- ........... '"
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G: \2001 \0101OJ\Dwd\SO-NE: 21.J 57 OE:r;lICA TlON-REV!. OWG
CH(CKEO BY: lARM F.B.M/A PG..N/A DATtO: 06/06/07
UPDATES ond/Of' REVISIONS DATE
EXHIBIT C
FORM OF SPECIAL WARRANTY DEED
Prepared by and return to:
SPECIAL WARRANTY DEED
This Special Warranty Deed made this
day of
whose post
(the
whose post
(the "Grantee"):
, 2006 by
office address is
"Grantor"), to
office address 1S
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
Witnesseth: That Grantor, for and in consideration of the sum of $10.00 and other valuable
considerations, receipt and adequacy of which is hereby acknowledged, hereby grants, bargains, sells,
conveys and confirms unto Grantee, all that certain land situate lying and being in the County of Miami_
Dade, State of Florida, and more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof (the
"Property") .
Subject to:
(I) General and special taxes or assessments for the year 2008 and subsequent years;
(2) The Conditions, limitations, easements, restrictions, reservations, covenants and other
matters listed on Exhibit "B" attached hereto and made a part hereof; without reimposing
same and
(3) Applicable zoning ordinances, codes, rules and regulations.
Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever.
And Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee
simple; that Grantor has good right and lawful authority to sell and cortvey the Property, and Grantor hereby
warrants the title to the Property and will defend the same against the lawful claims of all persons claiming
by, through or under the Grantor.
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first
above written.
WITNESSES:
GRANTOR:
By:
Signature of Witness
Name:
Title:
Printed Name of Witness
Signature of Witness
Printed Name of Witness
STATE OF FLORIDA )
) SS:
COUNTY OF BROW ARD )
The foregoing Special Warranty Deed was acknowledged before me this _ day of
, 2006, by , as , a
, for and on behalf of said , who ( ) is
personally known to me, or ( ) produced drivers license as identification.
(Notary Seal)
Signature of Notary Public
Name of Notary Typed, Printed or Stamped
2
EXHIBIT D
NO LIEN. POSSESSION AND GAP AFFIDAVIT
)
SS:
STATE OF
)
COUNTY OF
BEFORE ME, personally appeared the undersigned,
fIrst duly sworn upon oath, deposes and says:
, who being
1.
That
the
Affiant
is the
(the "Owner").
of
2. That the Owner is the owner of fee simple title to certain real property located in Miami _ Dade
County, Florida as more particularly described on Exhibit "A" attached hereto and made a part hereof by this
reference (the "Property").
3. That there have been no repairs, improvements or other work done to or labor, materials or
services bestowed upon the Property or any portion thereof for which any or all of the cost of the same remains
unpaid; and that no person, finn or corporation is entitled to a Mechanic's Lien against the Property under
Chapter 7 13 of the Florida Statutes.
4. The Owner is in exclusive possession of the Property and no person, fIrm, corporation or other
entity has any interest, claim of possession or contract right with respect to the Property which is not a matter of
record in the Public Records ofBroward County, Florida. There are no facts known to Affiant which would
give rise to such a claim being asserted against the Property.
5. That there are no matters pending against the Owner that could give rise to a lien that would
attach to the Property before the date of recording of the Special Warranty Deed from the Owner to the
(the "Grantee), and that the Owner has not and will not execute any
instrument, other than instruments set forth in the title commitment, that would adversely affect the title to or
transfer of the Property from the Owner to Grantee.
Affiant recognizes that Grantee is materially relying on the veracity of the contents of this Affidavit and
that the Title Company and is relying upon the representations made in this Affidavit in order to issue a policy or
policies of title insurance in connection with the conveyance of the Property from the Owner to Grantee. In this
regard, Affiant represents that the statements contained herein are true and correct in all respects.
FURTHER AFFIANT SA YETH NAUGHT.
Sworn and subscribed to before me this _ day of , 2008, by
, who (check one) [ ] is personally known to me or [ ] has produced a drivers
license as identification.
My Commission Expires:
Notary Public
Print Name:
2
EXHIBIT "E"
ROADWAY
3
EXHIBIT "F"
AGREEMENT TO CONSTRUCT
THIS INSTRUMENT PREPARED BY:
John J. Kendrick III, Esq.
Weiss Serota Helfman Pastoriza
Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Miami, Florida 33134
Telephone: (305) 854-0800
AFTER RECORDING. RETURN TO:
Telephone:
Tax Folio Identification Number:
AGREEMENT TO CONSTRUCT
THIS AGREEMENT TO CONSTRUCT (this "Agreement") is made and executed this
_ day of ,2008, by ROY R. LUSTIG, TRUSTEE OF
("Lustig"), whose mailing address is , and
CITY OF A VENTURA, a Florida municipal corporation ("City"), whose mailing address is
19200 West Country Club Drive, A ventura, Florida 33180.
RECIT ALS
On the date of this Agreement, Lustig has purchased from City the real property (the
"Property") located in Miami-Dade County, Florida, and more particularly described as:
See Exhibit "A" attached hereto and made a part hereof.
As part of the consideration for the City's sale of the Property to Lustig, Lustig has agreed
to commence construction of a roadway on the Property within three (3) years after the conveyance
of the Property to Lustig or such sooner date that a building permit is issued concerning
development of any portion of the City' Parcel or the Lustig's other properties( if this latter
phrase was in my note of City action- describe other Lustig lands if necessary ) .
4
AGREEMENT
For Ten Dollars and other good and valuable consideration, Lustig and City agree as
follows:
1. Lustig covenants and agrees to begin construction of the Roadway on NE 213th
Street, as more particularly described on the attached Exhibit "B" (the "Roadway"), on a date that
is the earlier of (i) the date on which Lustig or a successor entity applies for and obtains a building
permit for the development of the Property; or (ii) the date which is three (3) years after the date of
the conveyance of the Property to Lustig (the "Construction Deadline").
2. If Lustig fails to begin construction of the Roadway before the Construction
Deadline or ifhaving began construction within said Construction Deadline shall fail to diligently
pursue to completion to City's satisfaction, Lustig agrees to promptly pay to the City the sum of
$400,000.00 (the "Roadway Damages") as liquidated damages for Lustig's failure to begin the
Roadway construction by the Construction Deadline and diligently complete the Roadway
Construction. If Lustig fails to pay City the Construction Damages within ten (10) business days
after the Construction Deadline, the Roadway Damages amount will accrue interest at the highest
rate allowed by law. Lustig acknowledges that if Lustig fails to begin the Roadway construction by
the Construction Deadline and diligently complete the Roadway Construction, the City will suffer
damages in an amount which cannot be ascertained with reasonable certainty on the date hereof, and
that the Roadway Damages amount to be paid to the City approximates the amount necessary to fully
compensate the City in the event of Lustig's failure to construct the Roadway. Lustig acknowledges
that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision.
3. Lustig's covenant to begin construction of the Roadway by the Construction
Deadline and to diligently complete the construction shall be binding on Lustig, its successors and
assIgns.
4. This Agreement shall be released by the City by recorded instrument upon the first
to occur of (i) commencement of construction of the Roadway by the Construction Deadline and
diligent completion thereof, or (ii) payment by Lustig of the Roadway Damages and all interest
accrued thereon.
5. Notwithstanding the foregoing, whenever a period oftime is herein prescribed for
the taking of any action by a party, such party shall not be liable or responsible for, and there shall
be excluded from the computation of such period of time, any delays due to strikes, riots, acts of
God, shortages of labor or materials, war, governmental delay, governmental laws, regulations or
restrictions, or any other cause whatsoever beyond the reasonable control of such party (other than
such party's financial inability to pay).
IN WITNESS WHEREOF, Lustig and City have executed this Agreement to
Construct on the date set forth above.
[SIGNA TURE BLOCKS ON FOLLOWING PAGES]
5
Witnesses:
ROY R. LUSTIG, TRUSTEE
Print name
By:
Print name
ACKNOWLEDGMENT
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of
2008, by Roy R. Lustig, as Trustee of , who ( check one) [ ] is
personally known to me or [ ] has produced a Florida driver's license as identification.
My commission expires:
[Print or type name]
(Notary Seal)
6
CITY OF A VENTURA, a Florida municipal
corporation
Witnesses:
Print name
By:
Eric M. Soroka, City Manager
Print name
Attest:
, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
FOR THE USE AND RELIANCE OF THE CITY ONLY:
Weiss Serota Helfinan Pastoriza Cole &
Boniske, P.L., City Attorney
ACKNOWLEDGMENT
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of ,
2008, by Eric M. Soroka, City Manager of the City of A ventura, a Florida municipal corporation,
on behalf of the corporation, who (check one) [ ] is personally known to me or [ ] has produced a
Florida driver's license as identification.
My commission expires:
[Print or type name]
(Notary Seal)
7
DESCRIPTION: RESERVED AREA TO BE ABANDONED
A PORTION OF THE RESERVED AREA LYING EAST OF AND ADJACENT TO LOT 10,
BLOCK 40, HALLANDALE PARK, ACCORDING TO THE PLAT THEReOF, AS RIfCORDED
l IN PL~T BOOK 12, PAGE 37, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
i--------------:--,--~BR1DA,-GEseRIBED-AS-FE)l;l.-eW_S: --- .
BEGlNNINQ AT THE SOUTHEAST CORNER OF SAID HALLANDAU! PARK PLAT; THENCE
SOUTH 8I"SO'44" WEST, AlONG THE SOUTH UNE OF SAID HALlENDALE PARK, A
DISTANCE OF ...41 FEET TO THE SOUTHIEAL Y EXTENSION OF THE EAST LINE OF SAID
LOT 10, BLOCK 40; THENCE NORTH 00"01'20" WEST, AlONG SAID EXTENSION AND
THAN AlONG SAID EAST UN! OF LOT 10, A DISTANCI OF 141.01 FEET TO THE
NORTH~ CORNER OR SAID LOT 10; THlNCE SOUTH 7r08'3O" EAST, A DISTANCE
OF 15..08 FEET TO THE EAST UNE OF SAID HAllANOALE PARK PLAT; THENCE SOUTH
01.,"41" lAST, ALONG SAID EAST liNE, A DISTANCE OF 121.5. FEET TO THE POINT
OF BEGINNING;
SAID LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADI! COUNTY, FLORIDA.
CONTAINING 8,700 SQUARE FEET OR 0.202 ACRES MORE OR LESS.
THE BEARINGS REFERENCI!D ON THE ATTACH SKeTCH ARE BASED ON AN ASSUMED
BEARING. THIE SOUTH BOUNDARY OF HALLANDALE PARK, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 12. PAGE 37, OF THE PUBLIC RECORDS OF
MIAMl-DADE COUNT, IS ASSUMI!D TO BEAR SOUTH 81"10',"" WEST.
THE ATTACH!D SKETCH IS BASED ON A SURVEY PREPARED BY BLOOMSTER
PROFUSIONAL LAND SURVEYORS, INC. DATED 03-18-98; UNDER JOB NUMBeR 2112,
AS PROVIDED BY CUlNT.
CERTIFICATE:
WE HeREBY CERTIFY THAT THIS O!SCRIPTION AND SKITCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR J,.AND SURYmNG IN THE STATE OF FLORIDA,
AI OUTUNaD IN CHAPTIR I1G17.. (FLONO~ .ADMINlSTRATlVI CODR). AI ADOfI'TED
BY THE DEPARTMENT Of BUSINESS AND PROFESSIONAL REGUlATION, BOARD OF
PROFESSIONAL SURVIYORS AND MAPPERS IN SEPTEMBER. 1111, AI AMENDID,
PURSUANT TO CHAPTER 472.027 OF THE 'FLORtDA STATUTI8, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOW1.IDOI! AND BIUEF.
CRAVEN THOMPSON I ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION NUMBER La 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND MAPPER NO. 15381
STATE OF FLORIDA
Not valid without the signature and the original ralaed _I of a florida licensed survayor
and mapper.
SHEET 1 OF 2 SHEETS
N:\CIIrICaIU0Il8\2Oll1\0100103\LEQAI.\saD Z1S IT R!SIRVIl AISAND-RI!V1.cIDc
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CRAVEN -THOMPSON & ASSOCIATES, INC.
ENGINEERS · PLANNERS · SURVEYORS
3563 N.W. 5.3RD STREET FORT LAUDERDALE. flORIDA 33309 (954) 139-6400
tAX: (954) 739-6409
i
i
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-SKETCHTO AC~OlAP-A~'Y DESCRIPTlON-
RESERVED AREA TO BE ABANDONED
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CHECKED ay: lolRIoI F'.8.N/A PG. H/A I>AlED: 06/06/07
F'OR: CITY OF A VENlURA
~
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DESCRIPTION: 15' DRAINAGE EASEMENT
A PORTION OF LOT 1, BlOCK 3, SECTION 34, TOWNSHIP 11 SOUTH, RANGE 42 EAST,
I TOWN OF HAlLANDALE, ACCORDING TO TI:I& PlAT THEREOF, AS RECORDED IN PLAT
I BOOK "8", PAGe la, OF THE PUBLIC RECORDS OF M1AMI-DADE COUNTY, FLORIDA,
---------AHD-A-POfmQN-QF-T-HE-RESERVED-AREA-OF-HAbbANDAJ.&-PARK.AGGORDlNG-TQ~--~-------
TH& PLAT THlREOP, AS RECORDED IN PLAT BOOK 12, PAGE 37, OF'THE PUBLIC
RECORDS OF M1AMt-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGINNtHG AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SAID LOT 1, WITH
THE WEST RIGHT 01 WAY OF BISCAYN! BOUlEVARD: THENCE SOUTH W50',""
WEST, ALONG THE SOUTH BOUNDARY OF SAID LOT 1 AND THE SOUTH uNE OP SAID
HALLENDALI! PARK, A DlSTANC1! OF 111.02 FDT TO THE SOUTHERLY EXTENSION OF'
THE EAST UNE OF LQ1' 10. BLOCK 40 OF SAID HALLINDALI PARK: THENCE NORnt
o0-oi'20. WEST, ALONG THE SAID EXTENSION, A DISTANCE OF 11.00 FEET TO A POINT
ON A LINE 15.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH UN! SAID LOT 1:
THENCE NORTH .....44. EAST ALONG SAID """'ALL'" UN.. A DISTANCE OF 1ts2.44
FElT TO SAID WEST RIGHT OF WAY, SAID POINT BEING ON THE ARC OF A CURVE
CONCAVE NORTHW!STERLY, WHOSE RADIUS POINT BEARS NORTH 15r05"2" WEST
FROM THE LAST DESCR1BED POINT; THENCE SOUTHWesTERLY, ALONG SAID RIGHT
OF WAY AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 3714.83 FEET, A
C1!NTFIAL ANGLE OF 01"14'41", FOR AN ARC DISTANCE OF 11.32 FEET TO THE POINT
OF BEGINNING.
SAID LANDS S1TUATH IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY.. FLORIDA.
CONTAINING 2388 SQUARE FEET OR D.054 ACRES MORE OR LEss.
. .
THe BEARINGS REFERENCED ON THE ATTACH SKETCH ARE BASED ON AN ASSUMED
BEARING. THE SOUTH BOUNDARY OF SAID LOT 1 IS. ASSUMED TO BEAR S.OUTH
WSO'.w" WEST.
THE ATTACHBD SKETCH IS IIASED ON A SURVEY .PREPARED BV BLOOMSTER
PROFESSIONAL lAND SURVEYORS, INC. DATED 03-1..... UNDER JOB NUMBER 2112,
AS PROVIDED BY CUENT.
CERTlFlCATI:
WI H8RII!IIY CIRTIPY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATI! OF FLORIDA,
AS OUTLINED IN CHAPTER .1G1H (FLORIDA ADMINIStRATIVE CODIE), AS ADOPTED
BY THe Dl!PARTMENT OF BUSINESS AND PROFH8IONAL REQUl.ATlON, BOARD OF
PROfESSIONAL SURVIVORS AND MAPPERS IN SEPTI!MBER, 1981, AS AMENDED,
__PUASU.Qlr T.O. .CHAPTER 472.027 OF..THE FLORIOASTATUTES,.AND.ISTRU~uANO.
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BEUEF.
CRAVEN THOMPSON. ASSOCIATES, INC.
CERnFlCATH OF AUTHORIZATION NUMBER LB 271
BRENT A SPENCER
PROFESSIONAL SURVEYOR AND MAPPER NO. 6388
STATI! OF FLORIDA
Not vetid ~out the algMture and the original relnd ...1 of a Florida ncensed 8Urveyor
and mapper.
SHEET 1 OF 2 SHEETS
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. CRAVEN -THOMPSON a ASSOCIATES, INC.
~,. ENGINEERS ' PLANNERS ' SURVEYORS
. I':f 3563 N.W. 53RD STREET FORT LAUDERDALE. FLORIDA 33309 (954) 739-6400
FAX: (954) 739-6409
CITY OF AVENlURA !!lm: lMS IS t!Cl' A SI<ETCH rI ~, ~.l onI, · ....... ....-
FOR: . iifliie ""-9\1011""Ohoton ,,- n.... ".. ~_ ... 110I..... ....... .,
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. 15' DRAINAGE EASEMENT
R-RAlJIUS .
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A-ARt" LENGTH
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PC - PAGE
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RECORDS
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CHECKED BY: IotRY F'.B.N/A PC. NIA DATED: 05/06/07
UPOATES and/or REVISIONS DATE
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM,
TO: City Commission
DATE: December 14, 2007
SUBJECT: Ordinance Changing the Date for Mayor and Commission Elections
1st Reading January 8,2008 City Commission Meeting Agenda Item lIE
2nd Reading February 5, 2008 City Commission Meeting Agenda Item
As discussed at the November Workshop Meeting, the County Elections Department
has advised the City that if we were to change our election date to coincide with the
County elections, the City would save about $60,000 each election cycle.
In order to achieve the cost savings which would also increase voter turnout, the City's
election date would change from March in odd-numbered years to November on even-
numbered years.
The City Attorney has prepared the attached Ordinance to implement this change. It
would require voter approval at a special mail-in ballot on April 22, 2008 election. If
approved by the voters, the next election would be held in November 2010.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
CC01607-*07
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER IN
ACCORDANCE WITH SECTION 6.02(A) OF THE CITY
CHARTER; SUBMITTING PROPOSED CHARTER
AMENDMENTS CONCERNING SECTION 2.03
"ELECTION AND TERM OF OFFICE" AND SECTION 5.01
"ELECTIONS"; PROVIDING FOR CHANGE OF DATE OF
GENERAL CITY MAYORAL AND COMMISSION
ELECTIONS AND FOR THE RELATED EXTENSION OF
THE TERM OF OFFICE AND THE ALLOWED LENGTH
OF SERVICE; PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD
ON TUESDAY, THE 22ND DAY OF APRIL, 2008;
PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami-Dade County Supervisor of Elections has recommended that the
City of A ventura consider revising the date of regular City mayoral and commission elections
from the first Tuesday in March of odd-numbered years to the first Tuesday after the first
Monday in November of even-numbered years in order to coincide with the regular county-wide
general elections; and
WHEREAS, the City Commission finds that considerable cost savings will result for the
City by revising the City's general election dates as described above, and further finds that the
election date revision may serve to enhance voter participation in the City's electoral process;
and
WHEREAS, the City Commission desires to amend the City Charter in order to
implement the above described City general election date change and the corresponding
extension of the term of office and length of service which is necessary for an orderly transition
of the election date change, and desires to submit the Charter Amendments to the electors of the
City for approval or rejection as provided herein.
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 are hereby adopted
and confirmed.
Section 2. Charter Amendments. That pursuant to Section 6.02(a) of the City Charter
and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of A ventura,
Florida, is hereby amended by amending the City Charter Sections described below in Parts A-B,
to read as follows:1
Part A.
That Section 2.03 "Election and Term of Office" of the City Charter, is
amended by revising paragraph (a) "Election and term of office" and paragraph (c) "Limitations
on lengths of service" of this section, to read as follows:
Section 2.03. Election and term of office.
(a) Election and term of office. Each Commissioner and the
Mayor shall be elected at-large for four year terms by the
electors of the City in the manner provided in Article V of this
Charter. The four year term length which is provided for in
this paragraph (a). shall be extended as necessary to
accomplish the election date revision made pursuant to
Charter Section 5.01 (c)(ii) of the City Charter. as applicable.
Accordingly. the tem1 of office of the Mayor and Commission
Seats 2. 4. and 6 which would otherwise expire in March of
1 / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by strikethrough.
2
2009 shall instead expire in November 2010, and the term of
office of Commission Seats 3 and 5 which would otherwise
expire in March of 201 L shall instead expire in November
2012.
***
(c) Limitations on lengths of service. No person shall serve as
Mayor for more than two consecutive elected terms. No person may
serve on the Commission for more than two consecutive terms. No
person may serve as a combination of Mayor and Commissioner for
more than eight consecutive years, except for the additional length of
service as Mayor and/or Commissioner described in paragraph (a)
above, which results from the extension of the term of office of
Mayor and/or Commissioner as produced by the election date change
provided by Charter Section 5.01 (c )(ii). Service shall be deemed to
be consecutive unless there is an intervening four-year period during
which the individual does not serve as a Commissioner or Mayor (the
"Break in Service"). Any person serving the maximum amount of
time as Mayor must have a four year Break in Service before serving
as a Commissioner. Any person serving the maximum amount of
time as a Commissioner must have a four year Break in Service
before serving as Mayor. Any person serving the maximum amount
of time as a combination of Mayor and Commissioner must have a
four year Break in Service before serving as Mayor or Commissioner.
This Break in Service requirement shall be applicable only
prospectively and shall apply to any person who after the effective
date of this Break in Service provision reaches the maximum
limitation on length of service which is provided herein. No
candidate may run for either the office of Mayor or Commissioner
when, if elected, the person would exceed the limitations on service
set forth in this paragraph by any length of time taking into account
the full regular term for the office sought.
PartB.
That Section 5.01 "Elections" of the City Charter is amended by amending
paragraph (c) "Election dates" of this section, to read as follows:
Section 5.01. Elections.
***
(c) Election dates.
ill A general election shall be held in each odd-numbered year,
on the first Tuesday in March. However, this subparagraph (i)
3
shall not be applicable subsequent to the general election held
in March 2007. After March 2007, general elections shall be
held as provided in subparagraph (in below.
.ill.L The general election date is hereby revised so that a general
election shall be held in 2010 and thereafter in each even-
numbered year, on the first Tuesday following the first
Mondav of November of that year.
Section 3. Election Called.
A. That a special election is hereby called, to be held on Tuesday, the 22nd day of
April, 2008, to present to the qualified electors of the City of A ventura, the ballot question
provided in Section 4 of this Ordinance.
B. That the City Commission may by Resolution alter the date of the special election
in the event that the Commission finds that unforeseen circumstances require it to do so.
Section 4. Form of Ballot.
A. That the form of ballot for the Charter Amendments provided for in Section 2 of
this Ordinance shall be substantially, as follows:
1. Change of General Election Date for Mayoral and Commission Elections
The City Charter currently provides for the Mayor and Commissioners to
be elected in March of odd-numbered years. It is proposed that the
Charter be amended to provide for the general election for the Mayor and
Commissioners to be held in November of even-numbered years, and for
the term of office and allowed length of service to be extended to
accomplish this election date change.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[] No
4
B. That the City Commission may revise the ballot form which is set forth above by
Resolution.
Section 5. Balloting. That mail ballots, as prescribed by Section 101.6101-101.6107,
Florida Statutes, shall be used in this special election. All qualified City electors who are timely
registered in accordance with law shall be entitled to vote. The City Clerk is authorized to obtain
any necessary election administration services from the Miami-Dade County Supervisor of
Elections. The County registration books shall remain open at the Office of the Miami-Dade
County Supervisor of Elections until March 24, 2008, at which date the registration books shall
close in accordance with the provisions of the general election laws. The Miami-Dade County
Supervisor of Elections is hereby authorized to take all appropriate action necessary to carry into
effect and accomplish the provisions of this Ordinance. This special election shall be canvassed
by the County Canvassing Board unless otherwise provided by law.
Section 6. Notice of Election. That notice of said election shall be published in
accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation within the City
at least 30 days prior to said election, the first publication to be in the fifth week prior to the
election (to-wit: during the week commencing Sunday, March 16, 2008), and the second
publication to be in the third week prior to the election (to-wit: during the week commencing
Sunday, March 30,2008), and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
ORDINANCE NO. ADOPTED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA
(THE "CITY") A SPECIAL ELECTION HAS BEEN CALLED
AND ORDERED TO BE HELD WITHIN THE CITY ON
5
TUESDA Y, THE 22ND DAY OF APRIL, 2008, BY MAIL
BALLOT, AT WHICH TIME THE FOLLOWING CHARTER
AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY FOR APPROVAL OR
REJECTION.
Change of General Election Date for Mayoral and Commission
Elections
The City Charter currently provides for the Mayor and Commissioners to
be elected in March of odd-numbered years. It is proposed that the
Charter be amended to provide for the general election for the Mayor and
Commissioners to be held in November of even-numbered years, and for
the term of office and allowed length of service to be extended to
accomplish this election date change.
Shall the above-described Charter Amendment be adopted?
[ ] Yes
[] No
The full text of the proposed City Charter Amendments is available at the
office of the City Clerk located at 19200 West Country Club Drive, Aventura,
Florida 33180.
"
City Clerk
Section 7. Copies. That copies of this Ordinance proposing the Charter Amendments
are on file at the offices of the City Clerk located at 19200 West Country Club Drive, A ventura,
Florida 33180, and are available for public inspection during regular business hours.
Section 8. Effectiveness. That the Charter Amendments provided for in Section 2 above
shall become effective if the maj ority of the qualified electors voting on the Charter Amendment
vote for its adoption, and it shall be considered adopted and effective upon certification of the
6
election results. Following adoption of the Charter Amendments, the City Clerk shall file the
adopted Charter Amendments with the Clerk of the Circuit Court of Miami-Dade County,
Florida.
Section 9. Inclusion In The Charter. Subject to the requirements of Section 8 above, it
is the intention of the City Commission and it is hereby provided that the Charter Amendments
shall become and. be made a part of the Charter of the City of A ventura; that the Sections of this
Ordinance may be renumbered or relettered to accomplish such intention.
Section 10. Effective Date of Ordinance. That this Ordinance shall become effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner
its adoption on first reading. This motion was seconded by
, and upon being put to a vote, the vote was as follows:
, who moved
Commissioner
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
PASSED AND ADOPTED on first reading this 8th day of January, 2008.
7
PASSED AND ADOPTED on second reading this 5th day of February, 2008.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Approved as to Form and Legal Sufficiency:
~~.
City Attorney
8
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, City
BY: b\~rian K. Raducci, Finance
rv ces Director
DATE:
October 31,2007
SUBJECT: End of Y~ar Budget Amending Ordinance FY 2006/2007
1 st Reading November 6, 2007 City Commission Meeting Agenda Item ..5 ~ .L
2nd Reading January 8, 2008 City Commission Meeting Agenda Item 13
Recommendation
It is recommended that the City Commission approve the attached ordinance amending the FY
2006/2007 budget.
Back~round
As you are aware, this is the time of year that we prepare to close our books for the preceding
fiscal year (FY 2006/2007). We now have the information needed to formally amend the FY
2006/2007 budget, so that the "final" adopted budget contains sufficient appropriations to cover
all of the City's actual expenditures. This "clean up" amendment is a normal part of our fiscal
operations and is prepared each and every year in preparation for our year-end audit.
Until a couple of years ago, this amendment was included on the February and March agendas.
We now include this amendment in the November and January agendas to comply with, Section
166.241 of the Florida Statutes which was revised by the 2004 Legislature. This section now
requires all budget amendments be made "within up to 60 days following the end of the fiscal
year." Although it is logistically impossible to completely comply with this deadline, we are
. attempting to comply with it by having the first reading of the Ordinance before the November
29, 2007 deadline (this practice is consistent with the prior fiscal year).
We are only required to amend budgets when a Department's total budget has been exceeded.
As illustrated below, the General Fund is the only fund that requires a budget amendment at this
time. In all cases, we will only amend the specific expenditure accounts primarily responsible
for the amendment. In some cases, there are associated revenues that will be increased to
justify the overage in expenditures. Listed below is a summary of the amendments by
department and the circumstances that support the recommendation.
Page 2
Memorandum to City Commission
End of Year Budget Amending Ordinance FY 2006/2007
Finance Support Services
Requires a budget amendment of $50,000 primarily due to $38,000 in final accrued payouts
related to the retirement of the former Finance Support Services Director and $12,000 for
additional audit fees related to the FY 2005/2006 Audit.
Community Development
Requires a budget amendment of $800,000 primarily due to an overage of $700,000 in Building
Inspection Services and $100,000 for associated professional services. Both overages are due
to higher than anticipated building activity during the year. This unanticipated increase in costs
will be covered by $800,000 worth of additional revenue in Building Permits.
Community Services Department
Requires a budget amendment of $600,000 primarily due to an overage of $120,000 in
Engineering fees related to additional traffic studies recommended by the Traffic Advisory Board
and design and cost estimating associated with the new Dog Park and Veteran's Park
Modifications; $137,000 for Landscape Maintenance, $100,000 for utilities (e.g., electric, street
lighting and water), $43,000 for various repairs and $200,000 for higher than anticipated levels
for various activities (e.g., Special Events, Cultural Recreational Programs and Summer
Recreation). $205,000 in additional revenue from Parks and Recreation Fees ($20,000),
Summer Recreation ($167,000) and Community Center Fees ($18,000) will be utilized to more
than offset the additional costs for the Cultural Recreation and Summer Recreation Programs.
As discussed earlier, the vast majority of the increased costs are wholly or substantially offset by
increased revenues. For those expenses not directly offset by revenues, we have identified
unrestricted revenues that have exceeded their budget (e.g., Interest Earnings - $445,000). As
such, this amendment will have no significant impact on the FY 2006/2007 or future years'
budgets. The amount of the projected carryover which is included in the FY 2007/2008 budget
will be substantially the same as the actual carryover, once all of the transactions are recorded
and the financial statements are prepared.
Based on the analysis outlined above, I recommend approval of the attached Ordinance.
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2006/2007 FISCAL YEAR BY REVISING THE
2006/2007 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 2006/2007 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2006-13, which Ordinance adopted a budget for the 2006/2007 fiscal
year, by revising the 2006/2007 budget as set forth on the attached Exhibit "A" 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. 2008-
Page 2
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Joel, 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 Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
yes
absent
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner _' who moved its
adoption on second reading. This motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
PASSED on first reading this 6th day of November, 2007.
2
Ordinance No. 2008-_
Page 3
PASSED AND ADOPTED on second reading this 8th day of January, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LiGAL S~I1Il~..1 IENCY:
H~/~M
CITY ATTORNEY
3
CITY OF AVENTURA
3221000
3472000
3475000
3472500
3611000
FY 2006/07 BUDGET AMENDMENT
Building Permits
Parks & Recreation fees
Summer Recreation
Community Center Fees
Interest Earnings
Total Revenue
1,100,000
50,000
150,000
160,000
450,000
lI.'. ~1t.6<i144eOc'lt3~f:' .
^,',~~,:-;J:-~'~:~j,,~-_-_,":7-->-:1!!>:'~~C2t!
800,000
20,000
167,000
18,000
445,000
1._~; lI.'~:.,.
- ~,- -----_,-,/j~_-~,,(,iP-,-_,.:n
1,900,000
70,000
317,000
178,000
895,000
;~~~imj_::
TOTALAMENDMENTS-REVENUE
$~ ~;,,~;t.~i_'
1201
3201
3101
3190
3110
3450
FINANCE SUPPORT SERVICES
PERSONAL SERVICES
Employee Salaries
Prof. Services - Auditor
Total Finance Support Services
$ 501,102 $
52,000
:1"~4:~!tft~E$ i.i,; ,~
38,000 $ 539,102
12,000 64,000
,;,..oOl:~~$~':li:~;~'I~I!:i
COMMUNITY DEVELOPMENT
CONTRACTUAL SERVICES
Building Inspections Services
Prof. Services
Total Community Development
$ 950,000 $ 700,000 $ 1,650,000
70,000 100,000 170,000
~11l_1,:i~~~i;:W;!;~_!Ylf;''I~~gi~t;'t''.~
COMMUNITY SERVICES
CONTRACTUAL SERVICES
Prof. Services - Engineering
LandslTree Maint. Svcs-Streets
Subtotal
$ 65,000 $ 120,000 $ 185,000
1,123,977 137,000 1,260,977
;'$;~1"~~~;:, >~;'~BIii~i~::1:tf:.;;;'~i1
OTHER CHARGES & SERVICES
4301 Utilities-Electric
4311 Utilities-Street Lighting
4320 Utilities-Water
4620 R&M- Buildings
4672 R&M-Parks
4691 R&M- Streets
4850 Special Events
4851 Cultural/Recreation Programs
4854 Summer Recreation
Subtotal
Total Community Services
$ 9,000 $ 60,000 $ 69,000
175,000 30,000 205,000
275,000 10,000 285,000
65,000 15,000 80,000
35,000 20,000 55,000
90,000 8,000 90,000
72,500 34,000 106,500
105,000 30,000 135,000
75,000 136,000 211,000
Total Expenditures
;$.::t"_;;:~:)~~~!~1~.~~': ';.i:~~iqu~;
>~U;C;~~t~Uiiiii
TOTAL AMENDMENTS - EXPENDITURES
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka, I
City Manager
Joanne Carr, AICR\ / j/
Planning Director' ~.. C
BY:
DATE:
December 13, 2007
SUBJECT:
Resolution Approving and Authorizing Execution of the Amended and
Restated Interlocal Agreement for Public School Facility Planning in Miami-
Dade County
January 8, 2008 City Commission Meeting Agenda Item .i
RECOMMENDATION
It is recommended that the City Commission adopt a Resolution approving and authorizing
the City Manager to execute the Amended and Restated Interlocal Agreement for Public
School Facility Planning in Miami-Dade County in the form attached as Exhibit "A" to the
Resolution, with the following change in underlined text to Section 8.4:
"8.4 In order to maximize the efficient utilization of public funding and to further the
collocation and shared use of county and municipal facilities with School Board-owned
and operated public schools, local governments are strongly encouraged not to require the
provision or enhancement of privatelv owned and operated charter school facilities as a
condition of local development approval."
BACKGROUND
In 2002, the Florida Legislature enacted new growth management legislation relating to
coordination of planning between the school boards and local governing bodies so that
plans for construction and opening of public educational facilities were facilitated in time
and in place with plans for residential development. These new laws, Chapters 163.31777
and 1013.33, Florida Statutes, required the school board, county and nonexempt
municipalities to enter into an interlocal agreement that jointly established the specific
ways in which the plans and processes of the district school board and the local
governments were to be coordinated. At its meeting of February 4, 2003, the City
Commission passed Resolution No. 2003-15 authorizing the City Manager to execute an
Interlocal Agreement between the City, twenty-four nonexempt municipalities, Miami-Dade
County and the School Board of Miami Dade County, as required by Chapters 163.31777
and 1013.33, Florida Statutes.
During its 2005 session, the State legislature enacted further growth management
legislation mandating the implementation of a County-wide uniform school concurrency
system with an implementation deadline for Miami-Dade County of January 1, 2008. The
City has adopted the new "Education Element" to our Comprehensive Plan on first reading
on October 2, 2007 which incorporates the required school concurrency system. This
element is currently under review by the Department of Community Affairs. City staff is
awaiting completion of that review prior to scheduling second reading of the Element.
The legislation also requires that the existing Interlocal Agreement be amended and
restated to incorporate the public school concurrency system. Since 2005, the City has
participated in a School Concurrency Task Force created by the School Board to discuss
necessary revisions to the 2003 Interlocal Agreement.
The proposed Amended and Restated Interlocal Agreement, with deletions in strike-
through text and additions in underlined text, is attached. This agreement was adopted by
the School Board of Miami-Dade County on November 20,2007. The agreement provides
that:
· The School District, County and Cities will cooperate to coordinate the approval of
residential developments in order to provide adequate public school facilities in a
timely manner and at appropriate locations, to eliminate capacity deficits and
provide capacity for projected new growth;
· The Level of Service (LOS) Standard be 100% utilization of FISH capacity, to
include both permanent and relocatable classrooms by 2013, and that by 2010, the
School District reevaluate the LOS and consider the financial feasibility of attaining
a LOS based on 100% utilization of permanent FISH capacity. This LOS standard
is consistent County-wide and is reflected in our City's "Education Element";
· Concurrency service areas are divided geographically into "Northeast Area",
"Northwest Area", "Southeast Area" and "Southwest Area" as shown on the map
attached to the agreement;
· As it relates to concurrency capacity reservations, they are to be obtained from the
schools of impact and/or immediately adjacent schools, assuming capacity is
available; and
· Concurrency capacity reservations not exceed a maximum of 6 years, unless
otherwise specified in a Development Agreement executed under the Proportionate
Share Mitigation process. The County and individual cities have different
2
concurrency capacity reservation timelines, and school concurrency reservations
will mirror each individual approval timelines;
· An LOS standard for magnet schools of 100% FISH utilization capacity be
established, based on district-wide enrollment, updated annually;
· Credits reducing the total impact of proposed development for magnet and charter
schools enrollment is to be calculated based on the ratio of total students attending
these schools, vis-a-vis total enrollment in traditional public schools;
· The School Board will annually prepare, adopt and implement a financially feasible
capital facilities program in keeping with the adopted LOS standard and consistent
with the goal of maximizing the utilization of school capacity to the greatest extent
possible;
· The School District will provide the District's adopted Plan to the County and Cities
no later than October 20th of each year, for their adoption as part of their respective
comprehensive plans each year by no later than December 1 st ;
· Any future school-related amendments to our Comprehensive Plan will be provided
to the School District at least ninety (90) days prior to transmittal of each
Comprehensive Development Plan to the DCA. As needed, the School District will
review school-related element amendments and provide comments, if any, at least
thirty (30) days prior to the local planning agency meeting or by attending and
providing comments at the meeting;
· The School District will provide a preliminary assessment of public school
concurrency at time of preliminary plat or subdivision however, a formal
concurrency determination will be issued only at final plat, site plan (or functional
equivalent), as called for in statute;
· Planned capacity improvements in the first three years of the Plan shall be
considered available capacity and factored into the LOS analysis for the particular
development application. This LOS standard will be tested at each of the
applicable Concurrency Service Areas (CSA) for each of the three levels, i.e.,
elementary, middle and senior high schools. The CSA match the public school
attendance boundaries. Concurrency will first be tested at the immediate schools
of impact, and where sufficient capacity is not available, next tested at the
immediately adjacent schools, provided all schools fall within the same geographic
quadrant;
· The School District will charge a non-refundable application fee to cover the in-
house cost to review and process comprehensive plans, rezonings and
Development of Regional Impact proposals or amendments that increase
residential density through its concurrency management system;
3
· A new section has been added that establishes the mechanism for
intergovernmental coordination on the implementation of a uniform District-wide
public school concurrency system;
· In those instances where capacity is not available or planned to meet school
concurrency needs of a particular development, options will be available to
applicants for proportionate share mitigation as follows:
· Monetary Contributions - Contribute full capital cost of a planned
project that would serve the development;
· Land - Donate land to the School Board and/or capital dollars for
purchase of land needed for construction of a planned project, or
project proposed to be added within the first 3 years of the Plan;
· Construction - Build a current school project, or project proposed to be
added within the first 3 years of the Capital Plan, on land owned by
the School Board or donated by another development, with sufficient
capacity to address the development's concurrency needs;
· Mix and Match - Combine two or more of the options above; and
· MitiQation BankinQ - Build a school project with greater capacity than
required under the concurrency mandate, and bank the excess
capacity with the ability to sell credits to other developments impacting
the same school(s), as they apply for concurrency. If selected, this
process would be administered by the School District.
There is one section of concern to City staff. Section 8.4 of the Agreement adopted by the
School Board provides that "in order to maximize the efficient utilization of public funding
and to further the collocation and shared use of county and municipal facilities with School
Board-owned and operated public schools, local governments are strongly encouraged
not to require the provision or enhancement of charter school facilities as a condition of
local development approval." This language was added as a recommendation of the
School Concurrency Task Force to discourage new charter schools. City staff had
requested that municipally owned and operated charter schools be excluded, however,
this was not recommended by the Task Force and not included in the agreement. The
language as adopted by the School Board in Section 8.4 will conflict with the City's
acceptance of proffers of enhancements by developers to our Aventura City of Excellence
School. Staff is recommending that the City Commission adopt the Interlocal Agreement
with a change to this section so that it applies to privatelv owned and operated charter
schools only and not to our municipal charter school.
4
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY
PLANNING IN MIAMI-DADE COUNTY BETWEEN THE CITY OF
AVENTURA, TWENTY-SIX NON EXEMPT MUNICIPALITIES, MIAMI-
DADE COUNTY AND THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA AS REQUIRED BY FLORIDA STATUTES;
PROVIDING FOR AN AMENDMENT TO SECTION 8.4 OF THE
AMENDED AND RESTATED INTERLOCAL AGREEMENT;
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 Commission hereby approves and authorizes the City
Manager to execute an Interlocal Agreement substantially in the form attached as
Exhibit "A" to this Resolution, between the City of Aventura, twenty-six nonexempt
municipalities, Miami-Dade County and the School Board of Miami-Dade County, as
required by 9163.31777 and 91013.33, Florida Statutes, with the following change in
underlined text to Section 8.4:
"8.4 In order to maximize the efficient utilization of public funding and to further the
collocation and shared use of county and municipal facilities with School Board-owned
and operated public schools, local governments are strongly encouraged not to require
the provision or enhancement of privatelv owned and operated charter school facilities
as a condition of local development approval."
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by , who moved its
adoption. The motion was seconded by , and upon being put to a vote,
the vote was as follows:
Commissioner Zev Auerbach
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 8th day of January, 2008.
Susan Gottlieb, Mayor
ATTEST:
Teresa M. Soroka, MMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
~~
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of
,2008.
CITY CLERK
AMENDED AND RESTATED1
INTERLOCAL AGREEMENT
FOR
PUBLIC SCHOOL FACILITY PLANNING
IN MIAMI-DADE COUNTY
This Amended and Restated Aagreement is entered into between Miami-Dade
County, a political subdivision of the State of Florida (hereinafter referred to as
"County"), the Municipalities Cities of City of Aventura, Town of Bay Harbor
Islands, City of Coral Gables, Town of Cutler Bay, City of Doral. Village of EI
Portal, City of Florida City, City of Hialeah, City of Hialeah Gardens, City of
Homestead, Village of Indian Creek, 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 Miami Gardens, 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").
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
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
1 The base document includes the Agreement, 1 st Supplemental Agreement, and 2nd
Supplemental Agreement, all originally adopted in 2003, combined into one restated interlocal
agreement. Strikethrough and Underline shows changes for the 2007 Amendment to the
Agreement.
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,
WHEREAS. the County has iurisdiction over land use and qrowth manaqement
decisions within its unincorporated boundaries. includinq the authority to approve
or deny comprehensive plan amendments and rezoninqs. or other development
orders that qenerate students and impact the school system, and the Cities have
similar iurisdiction within their boundaries; 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 1013.33, Florida
Statutes. which. in relevant part, required that all school interlocal aqreements be
updated to reflect a new statutory mandate to implement public school
concurrency: and
WHEREAS, the School Board. County and Cities have further determined that it
is necessary and appropriate to cooperate with each other to coordinate the
approval of residential development with the provision of adequate public school
facilities in a timely manner and at appropriate locations, to eliminate any deficit
2
of capacity and provide capacity for proiected new qrowth, as further specified
herein: and
WHEREAS. the County and Cities are enterinq into this Amended and Restated
Aqreement in reliance on the School Board's obliqation to prepare. adopt and
implement a financially feasible capital facilities proqram that will result in public
schools operatinq at the adopted Level of Service Standard consistent with the
timinq specified in the School Board's adopted five-year district educational
facilities plan (hereinafter referred to as the "District Facilities Work Proqram"):
and
WHEREAS. the School Board has further committed to update and adopt the
District Facilities Work Proqram yearly to add enouqh capacity in the new fifth
year to address proiected qrowth and to adiust the District Facilities Work
Proqram in order to maintain the adopted Level of Service Standard and to
demonstrate that the utilization of school capacity is maximized to the qreatest
extent possible pursuant to Sections 163.3180(13)(d)2 and 1013.35. Florida
Statutes; and
WHEREAS, QBy entering into this Amended and Restated Aagreement, 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 Meetings
1.1 Staff Workinq 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---1.Ql, ten--11Ql and twenty-.fl..Ql 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
school funding), the implementation of public school concurrency.
collocation and joint use opportunities, and ancillary infrastructure
improvements needed to support the school and ensure safe student
access. Representatives from the South Florida Regional Planning
3
Council, the Latin Builders Association and the Builders Association of
South Florida will also be invited to attend and participate. The initi31
Meeting~ of the working group shall be held '.vithin 60 d3Ys of the d3te of
execution of the intorlocal agreement, upon at least thirty (30} days written
advance notice, and shall be coordinated by the School Board
Superintendent, or designee, pro'y'ided however, that the School B03rd
st3ff shall use its best efforts to schedule the initbl meeting to occur in a
timely m3nnor to provide meaningful p3rticip3tion by local governments in
the School Board's 2003 04 planning process. The Staff Workinq Group
shall meet no later than March 31 each year to address student enrollment
proiections. and by April 30 and October 31 of each year to address the
public school concurrency manaqement system, and any proposed
amendments to the school-related comprehensive plan provisions. The
April 30 deadline shall apply where chanqes are proposed for the County's
first comprehensive plan amendment cycle of the followinq year, and the
October 31 deadline shall apply for chanqes proposed in the second cycle
of the followinq year.
1.2 Elected Officials Forum: The School Board Superintendent and/or
designee shall coordinate aR bi annual joint workshop sessions at least
annually and invite one or more representatives of the County
Commission or their designee(s), the governing body of each City or their
designee(s), and the School Board or their designee(s). A representative
of the South Florida Regional Planning Council will also be invited to
attend. The School Board shall provide the meeting invitations with at
least thirty {30} days advance written notice of such meeting to the person
designated as a contact in this Amended and Restated Agreement. +Ae
initial joint workshop session shall be held '.vithin six (6) months of the d3te
of the execution of the Interlocal ,^<greement by 311 parties, but no I3ter
th3n M3rch 1, 2004 to present, discuss, consider 3nd negoti3te
modifications or amendments to the I\greement; provided however, that
3ny such modifications and amendments shall be consistent vw'ith the
statutes governing the ^greement. Modifications and amendments shall
be considered by each party to this Amended and Restated Agreement in
accordance with Section 1-4-5, and may be discussed at the ioint
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, public school concurrency. school capacity,
school funding, options to reduce the need for additional permanent
student stations, and joint use opportunities.
4
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 @-year population projections shall
be updated at least once every two ~years by the County. The School
Board may enter into a separate agreement with the County for the
preparation of student enrollment projections. Updated County and
School District data shall be provided at least once every two @ years for
review at the Staff Working Group meeting described at Subsection 1 .1.
2.2 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 usinq the COHORT
Proiection Waiver available on the Florida Department of Education
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 Interlocal Agreement, to allocate projected
student enrollment by Minor Statistical Areas. The 3110cation of projected
student enrollment will be determined at the first staff meeting described in
subsection 1.1.
Section 3. Coordinatina and Sharina of Information
3.1 Tentative District Educational Facilities Work ProgramPlan: By Mav
~June 30tA of each year, the School Board shall submit to the County
and eaOO Citiesy the tentative district educational facilities prior to
adoption by the Board. The tentative plan will be consistent with the
requirements of Section 1013.35, 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 five (51-, ten (101-, and twenty
f201-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 five (51-year period.
The Cities and County shall review and evaluate the tentative plan and
5
comment to the School Board by June 30within 60 days 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 School Board shall
provide the District's adopted Facilities Work ProQram to the County and
Cities no later than October 20, and it shall be adopted into the County's
and Cities' comprehensive plans each year no later than December 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 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 Amended and
Restated Aagreement.
3.3 Educational Facilities Impact Fee Ordinance: The County and the
School Board shall annually perform a review at least every three (3)
years of 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. The first review shall be performed within three
(3) years after the effective date of the impact fee ordinance, as amended.
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, (EFIFO) the County and School Board shall employ their best
efforts to evaluate a more equitable distribution of impact fee
assessments, including redistricting to create east/'Nest alignments of
benefit districts throughout the County. Such benefit districts should
combine urban infill and emerging development areas 'Nithin the County.
The School Board and County will am encouraged to 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.
6
3.4 Growth and Development Trends: By September 30 January 31st-of
each year, local governments will provide the School Board with a report
on growth and development trends within their jurisdiction, based on the
most current available data the previous calendar year. 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 approval 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. This.,saffi
report shall include the amount of the fee collected and location of
the proposed residential development. The School Board shall
report to the County and to each City how the impact fee revenue
and all other 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, andJ. converselyJ.
information on the number of residential units converted to non-
residential uses; and
(e) The identification of any development orders issued that
contains a requirement for the provision of a public school site as a
condition of development approval.
If at all possible, data required to be submitted in this section should also
be sent in a format that can be loaded into the Geoaraphic Information
Systems (GIS) database maintained bv the School Board.
3.5 New. Expanded and Renovated School Facilities: The Staff
Working Group shall provide recommendations on the planning of new
facilities, additions or renovations for consideration by School Board staff
and the School Site Plannina and Construction Committee ("SSPCCJ. 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.
7
CALENDAR OF KEY ANNUAL DATES
March 31
Staff Workinq Group meetinq re enrollment proiections
April 30 Staff Workinq Group Meetinq re any proposed amendments
to the school-related comprehensive plan provisions proposed for the first
County transmittal cycle
May 31 Planninq Forum to review Tentative Capital Plan includinq
but not limited to. new schools. additions. closures. and siqnificant
renovations. at a Joint Meetinq of the Staff Workinq Group and the School
Site Planninq and Construction Committee (SSPCC)
June 30 Cities and County provide School Board with written
comments on Tentative Educational Facilities Plan introduced at Planninq
Forum
Auaust 31 School Board provides final proposed Tentative Educational
Facilities Plan to County and Cities
September 30
Cities' and County's Growth Reports to School Board
September 30 School Board adoption of District's updated Five Year
Plan as a part of the Tentative Educational Facilities Plan
October 20 School Board's provision of copy of adopted version
District's updated Five Year Plan to County and Cities
October 31 Staff Workinq Group meetinq re any proposed amendments
to the school-related comprehensive plan provisions proposed for the
second County transmittal cycle
December 1 District's Updated Five Year Plan adopted into Cities'
and County's comprehensive plans. and provision of adopted versions to
School Board
8
3.6 Public School Facilities Element:
(a) Initial comprehensive plan amendments related to the Public Schools
Facilities Element to satisfy the requirements of Chapter 2005-98. Laws of
Florida: The amendments to the Public School Facilities Element 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 Chapter 2005-98, Laws of
Florida are beinq adopted into the comprehensive plans of the County and
Cities concurrently with the execution of this Amended and Restated
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 implementinq the revised comprehensive plans and the
School Board's District Facilities Work Proqram shall be reviewed by the
County and Cities each year. at a Staff Workinq Group meetinq to be held
no later than April 30 (County's first comprehensive plan amendment
cycle) or October 31 (County's second comprehensive plan amendment
cycle). to determine whether updates to the comprehensive plans are
required. At a minimum, the District Facilities Work Proqram shall be
updated annually by the addition of a new fifth year as provided in Section
9.3. Any other amendments to the comprehensive plans shall be
transmitted in time to allow their adoption concurrently with the update to
the District Facilities Work Proqram. where feasible. Amendments to the
comprehensive plans shall be considered in accordance with the County's
comprehensive planninq cycle.
(c) School Board review of school-related element amendments: All
school-related element amendments shall be provided to the School
Board at least ninety (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 thirty (30) days 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.
Cd) Countywide consistency of school-related element amendments: The
County's and Cities' school-related element provisions must be consistent
with the uniform district-wide public school concurrency system. 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
adopt its own school-related element provisions. If a City adopts its own
school-related element provisions. any ooal. 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 from the uniform district-wide public school
concurrency system. it shall not become effective until the last party
adopts it into its comprehensive plan. Such proposals shall be forwarded
to the Staff Workino Group for review. and the adoption of any such
chanoes shall be timed to coincide with the County's comprehensive plan
amendment cycle. 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 Facilities Work Prooram into its comprehensive plan
either by reference or by restatement of the relevant portions of that
Facilities Work Prooram. but in no event shall a City or the County attempt
to modify that Facilities Work Prooram. The County and Cities aoree to
coordinate the timino of approval of school-related element amendments.
to the extent that it is feasible to do so. To the extent that a proposed
school-related element amendment is inconsistent with this Amended and
Restated Aoreement. an amendment to this Aoreement shall also be
required before the amended element becomes effective.
(d) Evaluation and Appraisal Report: In addition to the other coordination
procedures provided for in this Amended and Restated Aoreement. at the
time of the Evaluation and Appraisal Report. the County and Cities shall
schedule at least one Staff Workino Group meetino with the School Board
to address needed updates to the school-related comprehensive plan
provIsions.
Section 4. School Site Selection. Sianificant Renovations. and Potential
School Closures
4.1 The School Board staff has amended shall endeavor to ensure rule
making proceedings arc completed by the May 14, 2003 meeting, so that
final reading is given to the amendment to rRule 6Gx13-2C-1.083, Section
II.D. 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
10
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. 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. In the e'./ent that this rule change is not
accomplished as required herein, the School Board shall approach the
Cities and County and negotiate an amendment to this Agreement with a
mutually acceptable alternativo moans of coordination on all issues herein
allocated to the SSPCC. The SSPCC shall 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 forum. bv Mav 31. as a ioint meetinq of the Staff
Workinq Group and School Site Planninq and Construction Committee 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 Amended and Restated Agreement 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 (1.500) feet of the
property or improvement; and
11
b. Any jurisdiction whose utilities are utilized by the School Board
property or improvement.
The School Board Superintendent and/or designee shall provide the
invitations referenced in this Section 4.1, with at least thirty (30} days
advance written notice of such meeting to the person designated as a
contact in this Amended and Restated 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
District Facilities Work Proqram district educational fucilities plan, the
SSPCC will developreview a list of potential sites in the area of need. The
list of potential sites for new schools and the list of schools identified and
funded in the District Facilities Work Proqram district educational facilities
ptaR 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 1~. Any proposed amendments to this rule,
which may impact upon the terms of this Amended and Restated Intorlocal
Agreement, shall be submitted to the affected local units of government
prior to submission to the SSPCC and to the School Board.
4.4 Pursuant to Section 1013.33(11), Florida Statutes, at least sixty
{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 (45tdays 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 sSection 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 Amended and Restated Aagreement,
12
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 expansion renovation
of an existing school. in those instances where capacity is beinq added to
accommodate new student populations. Ssignificant expansion
renovation shall include construction improvements that result in a greater
than five (5) percent increase in student capacity, the location of
relocatables portables, or additions to existing buildings for hiqh schools
with a capacity of more than 2.000 students. For siqnificant expansions to
hiqh schools with a capacity of less than 2.000 and for middle schools, the
applicable percentaqe shall be ten (10) percent. and for siqnificant
expansions to elementary schools (includinq K-8 centers), the applicable
percentaqe shall be fifteen (15) percent. The 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 improvements related to
the expansions and new schools referenced above, 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 R-678-
06R 535 92, as adopted on June May QG, 20064Wb
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 its 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 Plannina Aaency. Comprehensive Plan Amendments.
Rezoninas. and Develooments of Reaionallmoact evelopment Appro'lals
7.1 In 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, as a non voting
13
member, to attend meetings, on an as needed basis. of their local
planning agencies or equivalent agencies that first consider
comprehensive plan amendments and rezonings at which comprehensive
plan amendments.L aAG-rezonings. or Development of Reqional Impact
proposals or amendments are considered that would, if approved,
increase residential density. The County and Cities may, at their sole
discretion, appoint such School Board representative to the planning
agency, and. at their sole discretion. may grant voting status to the School
Board representative member.
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,
when comprehensive plan amendments. rezoninqs or Development of
Reqional Impact proposals or amendmentsde'Jelopment and
redevelopment proposals are proposed that would create an increase in
the number of residential units. It shall be the responsibility of School
Board staff to revie't.' the potential impact of a proposed (re) development
based on current Florida Inventory of School Houses (FISH) capacity
(both permanent and relocatables) and be prepared to commentconvey
this inf-ormation in writing to the local staff development review committees
at least five f9.L.days prior to the meeting or development review
committee review, for their consideration. These comments shall include
a statement that the application will be subiect to public school
concurrency review at the plat. site plan or functional equivalent staqe.
consistent with Section 9 of this Amended and Restated Aqreement. +Ae
School Board shall only be required to provide such revie'l.' 'Nhere the
proposed (re) 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 reviow committee.
This figure shall be considered only as a re'y'iew threshold and shall not be
construed to obligate the County or a City to deny a development should
the School Board fail to identify options to meet anticipated demand or
should the collaborative process described in this Section fail to yield a
means to ensure sufficient capacity. A copy of the applicationplaAs shall
be delivered to the School Board representative at least fifteen (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 pProcedures mManual te-be
adopted in accordance with agreed upon procedures to be developed
through a collaborative process with the Staff Working Group:. and the
School Board staff shall use its best eff-orts to facilitate development of the
manual in 3. timely manner.
7.3 The County and the Cities agree to transmit to the School Board
14
copies of proposed comprehensive plan amendments, rezoninas. and
Development of Reaional Impact proposals or amendments land use
applications and development proposals that may affect student
enrollment, enrollment projections, or school facilities. This requirement
applies to amendments to the comprehensi'y'e pbn future bnd use map,
rezonings, developments of regional impact, ~md other major residential or
mixed use development projects with a residenti::ll component.
7.4 Within thirty (301 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 comprehensive plan
amendment. land use ::lpplication rezonina. or aDevelopment of Reaional
Impact proposals or amendments and \.\'hether sufficient cap::lcity exists or
is pbnned to accommod::lte the impacts. School c::lpacity will be reported
consistent with St::lte Requirements for Educ::ltion::ll Facilities, and shall be
based on current FISH cap::lcity ::It impacted schools (including permanent
and relocatable satisfactory student stations), as '.veil as any proposed
student station ::ldditions in the area of impact. The School Board will also
include capacity information on approved charter schools that provide
relief in the area of impact. The School Board may charae a non-
refundable application fee payable to the School Board to reimburse the
cost to review comprehensive plans. rezoninas and Development of
Reaional Impact proposals or amendments pursuant to this Section. In
that event. payment may be required prior to the commencement of
review.
7.5 If sufficient capacity is not ::lvailable or pbnned to serve the
de'y'elopment at the time of imp::lct, the School Board ,,,ill determine and
specify the options a'Jailable to it to meet the anticip::lted student
enrollment dem::lnd. Alternatively, the School BO::lrd, local government,
and developer 'Nill use their best efforts to colbbor::ltively develop options
that aim to provide the capacity to accommod::lte new students generated
from the new residential development The School Board sh::lll be
responsible to review ::lnd consider funding options for the incremental
increase in the projected number of students which include, but are not
limited to, cre::ltion of new community development districts pursu::lnt to
Ch::lpter 190, Florida Statutes, cre::ltion of educ::ltion::ll facilities benefit
districts as described in Section 1013.355, Florida Statutes, other
aV::lilable broad based funding mechanisms to fund school capital
construction, de'y'eloper contributions in the form of land donation set
asidos, monet::lry contributions, or developer provided facility
improvements in lieu of imp::lct f-ces ::lnd other School Board ::lpproved
measures such as public ch::lrter sohools, public private partnerships, or ::l
combin::ltion of ::lny of these. In its ::In::llysis of need, School Board st::lff
shall ::llso include information on the estimated educational facilities impact
fee revenuos to be generated by the development, as 'Nell ::lS on any other
15
available funding for capital projects specifically intended to mitigate the
area of impact.This Section shall not be construed to obligate a City to
impose, assess or collect a school impact fee, unless pro'.'ided by general
law. As it relates to the collection of impact fees, this provision shall not
be subject to dispute resolution under Section 9 of this J\greement. The
review bv the School Board staff reqardinq comprehensive plan
amendments. rezoninqs and Development of Reqional Impact proposals
or amendments containinq residential units shall be classified as "Public
Schools Planninq Level Review (Schools Planninq Level Review)". The
Schools Planninq Level Review does not constitute public school
concurrency review. This Section shall not be construed to obligate a City
or County to deny or approve (or to preclude a City or County from
approvinq or denvinq) an application development should the School
Board fail to identify options to meet anticipated demand or should the
collaborative process described in this Section fail to yield a means to
ensure sufficient oapacity.
7.6 In the review and consideration of comprehensive plan
amendments, rezonings, and aDevelopment of Reaional Impact proposals
or amendments, 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 thirty (301 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
16
neighborhood, including off-site signalization, signage, and access
improvements; and
g. The general location of public schools proposed in the District
Facilities Work Proqram five year 'Nork plan as well as other
available information over a ten (10) and twenty (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 District
Facilities Work Proqram School Board District Educational Facilities
PIaR;
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; aREJ.
d. Coordination with neighboring jurisdictions to address public
school issues of mutual concern; and.,.
e. Approval and funding of community development districts
(CDD~) 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~ aflG.-Cities and
County will work together, via the Staff Working Group~-aR€l-the SSPCC,
and the Citizens Oversiqht Committee to look for opportunities to collocate
and share use of school facilities and civic facilities when preparing the
District Facilities Work Proqram District Educational Facilities Plan.
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
17
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 Amended and
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.
8.4 In order to maximize the efficient utilization of public fundino and to
further the collocation and shared use of county and municipal facilities
with School Board-owned and operated public schools. local oovernments
are stronolv encouraoed not to require the provision or enhancement of
charter school facilities as a condition of local development approval.
Section 9. Implementation of Public School Concurrency
9.1 This section establishes the mechanisms for coordinatino the
development. adoption, and amendment of the District Facilities Work
Prooram, as well as the Public School Facilities Elements and the
Interoovernmental Coordination and Capital Improvements Elements of
the County and Cities' comprehensive plans, in order to implement a
uniform districtwide public school concurrency system as required bv law.
9.2 The School Board. County and Cities aoree to the followino
principles for public school concurrency in Miami-Dade County:
(a) Capacity Methodoloav and Formula for Availabilitv: The
uniform methodoloov for determinino if a particular school is overcapacity
shall be determined bv the School Board and adopted into the County's
and Cities' comprehensive plans. The School Board hereby selects
Florida Inventory of School Houses (FISH) capacity as the uniform
methodoloQV to determine the capacity of each school. The capacity and
enrollment numbers for a school shall be determined once a year, in
October.
The School Board will issue an evaluation report determinino whether
adequate school capacity exists for a proposed development. based on
the adopted Level of Service Standards. concurrency service areas, and
18
other standards set forth in this Amended and Restated Aqreement. as
follows:
1. Calculate total school facility capacity bv addinq
the capacity provided bv an existinq school facilitv to the capacity of
any planned school facilities proqrammed to provide relief to that
school facilitv, listed in the first three (3) years of the District
Facilities Work Proqram.
2. Calculate available school facility capacity bv
subtractinq from the total school facility capacity the sum of:
a. Current student enrollment (school facility capacity
consumed bv preexistinq development);
b. The portion of reserved capacity havinq a valid
unexpired certificate of concurrency from the School Board;
and
c. The portion of previouslv approved development
(vested from concurrency) proiected to be developed within
three (3) years.
3. Calculate the proposed development's demand for
school facility capacity by:
a. Applvinq the student qeneration rate to the proposed
development to determine its total demand; and
b. Subtractinq a credit for the total district-wide
enrollment of maqnet and charter school facilities.
4. Subtract the proposed development's demand for
school facility capacity from the available school facility
capacity to determine if there is a deficit. If so. repeat the process
to determine if school facilitv capacity is available in any contiquous
Concurrency Service Area ("CSA") in the same Geoqraphic Area
(Northwest. Northeast. Southwest. or Southeast), which map is
attached hereto as Exhibit 2.
The School Board may charQe a non-refundable application fee pavable to
the School Board to reimburse the cost to review matters related to public
school concurrency. In that event. payment may be required prior to the
commencement of review.
19
In evaluatinQ a final subdivision, site plan. or functional equivalent for
concurrency. any relevant proQrammed improvements in the current year,
or Years 2 or 3 of the District Facilities Work ProQram shall be considered
available capacity for the proiect and factored into the Level of SeNice
analvsis. Anv relevant proQrammed improvements in Years 4 or 5 of the
District Facilities Work ProQram shall not be considered available capacity
for the proiect unless fundinQ to accelerate the improvement is assured
throuQh the School Board. throuQh proportionate share mitiQation or some
other means of assurinQ adequate capacity will be available within three
(3) years. Relocatable classrooms may be used bv the Miami-Dade
County Public School System as an operational solution durinQ
replacement, renovation. remodelinQ 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.
(b) Level of Service Standards: Public school concurrency shall be
applied on a less than district-wide basis. to concurrency seNice areas as
described in subsection (c). except for MaQnet Schools where public
school concurrency shall be applied on a district wide basis. Level of
SeNice standards for public school facilities applv to those traditional
educational facilities. owned and operated bv Miami-Dade County Public
Schools. that are required to seNe the residential development within their
established concurrency seNice area. Level of SeNice standards do not
applv to charter schools. However, the actual enrollment (October Full
Time Equivalent (FTE)) of both maQnet and charter schools as a
percentaQe of the total district enrollment will be credited aQainst the
impact of development.
The uniform, district-wide Level of SeNice Standards for Public School
Facilities are initiallv set as follows. and shall be adopted in the County's
and Cities' Public School Facilities Elements and Capital Improvements
Elements:
1. The adopted Level of SeNice (LOS) Standard for all
Miami-Dade County Public School facilities is 100% FISH Capacity
(With Relocatable Classrooms). This LOS Standard, except for
MaQnet Schools. shall be applicable in each public school
concurrency seNice area (CSA). defined as the public school
attendance boundary established bv the Miami-Dade County Public
Schools.
2. The adopted LOS standard for MaQnet Schools is 100%
of FISH (With Relocatable Classrooms) which shall be calculated
on a district-wide basis.
20
3. It is the qoal of Miami-Dade County Public Schools and
Miami-Dade County for all public school facilities to achieve 100%
utilization of Permanent FISH (No Relocatable Classrooms) by
January 1. 2018. To help achieve the desired 100% of permanent
FISH utilization by 2018. Miami-Dade County Public Schools
should continue to decrease the number of relocatable classrooms
over time. Public school facilities that achieve 100% utilization of
Permanent FISH capacity (No Relocatable Classrooms) should, to
the extent possible. no lonqer utilize relocatable classrooms. except
as an operational solution. Beqinninq January 1, 2013. the Miami-
Dade County Public Schools will implement a schedule to eliminate
all remaininq relocatable classrooms by January 1. 2018.
By December 2010. Miami-Dade County in cooperation with Miami-
Dade County Public Schools will assess the viability of modifyinq
the adopted LOS standard to 100% utilization of Permanent FISH
(No Relocatable Classrooms) for all CSAs.
4. Relocatable classrooms may be used by the Miami-Dade
County Public School System as an operational solution durinq
replacement. renovation. remodelinq 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.
Potential amendments to these LOS Standards shall be considered at
least annually at the Staff Workinq Group meetinq to take place no later
than April 30 or October 31 of each year. If there is a consensus to
amend any LOS Standard, it shall be accomplished by the execution of an
amendment to this Amended and Restated Aqreement by all parties and
the adoption of amendments to the County's and each City's
comprehensive plan. The amended LOS Standard shall not be effective
until all plan amendments are effective and the amendment to this
Amended and Restated Aqreement is fully executed. No LOS Standard
shall be amended without a showinq that the amended LOS Standard is
financially feasible and can be achieved and maintained over the five
years of the District Facilities Work Proqram.
After adoption of the District's first Facilities Work Proqram which was
relied on for public school concurrency requirements. capacity shall be
maintained within each year of the District's subsequent Facilities Work
Proqram. If the impact of the proiect will not be felt until Years 2 or 3 of
the District Facilities Work Proqram. 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 Facilities Work
21
Proqram, then any relevant proqrammed improvements shall not be
considered available capacity for the project unless fundinq of the
improvement is assured, throuqh School Board fundinq. the proportionate
share mitiqation process. or some other means. and the project is
accelerated into the first three (3) years of the District Facilities Work
Proqram.
(c) Concurrency Service Areas: The Concurrency Service Area
(CSA) shall be the student attendance boundaries for elementary. middle
and hiqh schools. The concurrency service area boundaries shall be part
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 socio-economic, racial. cultural and diversity obiectives. and
other relevant factors as determined by the School Board's policy on
maximization of capacity.
The School Board shall address how capacity has been maximized in the
affected concurrency service area. For purposes of this Amended and
Restated Aqreement. maximization of capacity shall mean any operational
or physical adiustment that increases the available capacity of a school or
a concurrency service area. Maximization may take into account several
factors, includinq transportation costs, student travel times, socio-
economic obiectives. and recoqnition of the timinq of capacity
commitments. These adjustments may include. but are not limited to.
physical chanqes to the school facility such as expansions or renovations.
and operational chanqes such as staqqered schedules, floatinq teachers.
or reassiqnment of students. The types of physical and operational
adjustments to school capacity that will be used in Miami-Dade County.
and the circumstances under which they are appropriate, will be
determined by the School Board's policy on maximization of capacity, as
set forth in the Public School Facilities Element.
Potential amendments to the concurrency service areas. other than
periodic adjustments to student attendance boundaries. or to redefine the
concurrency service area as a different type of boundary or area shall be
considered annually at the Staff Workinq Group meetinq to take place
each year no later than April 30 or October 31, and shall take into account
the issue of maximization of capacity. Other considerations for amendinq
the 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. If there is a consensus to chanqe the concurrency
service area to a different type of service area or qeoqraphic confiquration,
22
it shall be accomplished bv the execution of an amendment to this
Amended and Restated Aqreement. The chanqed concurrency service
area shall not be effective until the amendment to this Amended and
Restated Aqreement is fullv executed and related amendments to the
County and Cities' comprehensive plans are adopted. Proposed
amendments to the concurrency service areas shall be presented to the
Staff Workinq Group and incorporated as updated data and analvsis in
support of the County's and Cities' comprehensive plans. No concurrency
service area shall be amended or redefined without a showinq that the
amended or redefined concurrency service area boundaries are financiallv
feasible and can be achieved and that the adopted LOS Standard can be
maintained over the five years of the District Facilities Work Proqram.
If maximization of capacity has not resulted in sufficient capacity, so that
the adoption of the development proposal would result in a failure to meet
the Level of Service Standard. and if capacity is available in one or more
contiquous concurrency service areas within the first three years of the
District Facilities Work Proqram in the same Geoqraphic Area (Northwest,
Northeast, Southwest, Southeast) as the development, the School Board,
at its discretion, shall determine the contiquous concurrency service area
to which the development impacts will be shifted. If there is still not
enouqh capacity to absorb the impacts of the development proposal after
maximization of capacity and shiftinq of impacts, then the School Board
will notify the local qovernment in writinq of the findinq, and the local
qovernment shall then notify the applicant of the findinq.
(d) Student Generation Multipliers: The School Board staff.
workinq with the County staff and Cities' staffs. have developed and
applied student qeneration multipliers for residential units bv type and
Minor Statistical Area 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 professionallv accepted methodoloqies, shall be updated at least
every three (3) years inasmuch as possible, 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 Amended and Restated Aqreement.
(e) Concurrency Manaaement System: The County and Cities
shall amend the concurrency manaqement systems in their land
development requlations to require that all non-exempt 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 7 above. within one hundred and twenty (120) days of
the effective date of the Comprehensive Plan amendment(s) implementinq
23
public school concurrency. In the event that the Comprehensive Plan
amendment(s) or amendment(s) to this Amended and Restated
Aoreement. which are necessary to implement public school concurrency
are challenoed, the land development reoulations shall be adopted within
one hundred and twenty (120) days after the resolution of such challenoe.
The County or any City may choose to request from the School Board's
staff and provide an informational assessment of public school
concurrency at the time of preliminary plat or subdivision. but the test of
concurrency shall be at final subdivision. site plan (or functional
equivalent). The assessment of available capacity by the School Board
shall consider maximization of capacity and shiftino of impacts as further
detailed above. 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:
(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
(in the developer executes a leoally bindino commitment to
provide mitioation 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 9.2(0) below.
However. this Amended and Restated Aoreement 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 Standard for public school capacity.
The County and Cities. in consultation with the School Board. shall also
amend their concurrency manaoement systems in their land development
reoulations to address public school facilities, so that the annual
monitorino reports provided to their oovernino bodies shall cover schools
as well as the other concurrency facilities within one hundred and twenty
(120) days of the effective date of this Amended and Restated Aoreement.
Upon final action by the City or County reoardino the application for final
plat. site plan or functional equivalent. the City or County shall send
written notice to the School Board indicatino that the application was
oranted final approval or denied. If the application received final approval.
the school concurrency approval for the development and anticipated
students shall be valid for up to two (2) years. beoinnino from the date the
application received final approval from the City or County, except as may
be provided by federal law and as further specified in the applicable
concurrency manaoement system reoulations. unless otherwise released
24
bv the appropriate qoverninq body in which case. within ten (10) business
days of the release the appropriate qoverninq body shall notify the School
Board of such and request the capacity reservation be cancelled. An
extension of the reservation period may be qranted when the applicant
demonstrates that development has commenced on a timelv basis and is
continuinq in qood faith. provided that the total reservation period does not
exceed six (6) years. as further specified in the applicable concurrency
manaqement system requlations. If the application was denied. the School
Board's staff shall deduct from its database the students associated with
the application.
(f) Proportionate Share Mitiaation: The School Board shall
establish within the District Facilities Work Proqram the followinq
standards for the application of proportionate share mitiqation:
1. Student Generation Multipliers 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 bv a
professionallv acceptable methodoloqv acceptable to the School
Board;
2. Cost per Student Station estimates for elementary,
middle and hiqh schools. Such estimates shall include all cost of
providinq instructional and core capacity includinq, without
limitation. land. desiqn, buildinqs. equipment and furniture. and site
improvements. The cost of ancillary facilities that qenerallv support
the School Board 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 capacity 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 District Facilities Work Proqram 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 delaved to a date
25
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 to meet the Level
of Service Standard for public school capacity will be specified in the
County's and Cities' Public School Facilities Elements. Options shall
include the followinq:
1. Money - Contribute full capital cost of a planned proiect. or proiect
proposed to be added to the first three (3) years of the District Facilities
Work Proqram. in the affected concurrency service areas. providing
sufficient capacity to absorb the excess impacts of the development.
on land owned by the School Board or donated by another
development.
2. Land - Donate land to and/or capital dollars equal to the cost of impact
to the School Board needed for construction of a planned proiect. or
proiect proposed to be added to the first three (3) years of the District
Facilities Work Proqram in the affected concurrency service areas. and
the School Board or some other entity funds the construction of or
constructs the proiect.
3. Construction - Build a planned proiect. or proiect proposed to be added
to the first three (3) years of the District Facilities Work Proqram. on
land owned by the School Board or donated by another development.
with sufficient capacity to absorb the excess impact of the development
in the affected concurrency service area. (Usually. proiects are more
than one classroom).
4. Mix and Match - Combine two or more of these options to provide
sufficient capacity to mitiqate the estimated impact of the residential
development on the affected concurrency service areas.
5. Mitiqation bankinq - Mitiqation bankinq within desiqnated areas based
on the construction of a public school facility in exchanqe for the riqht
to sell capacity credits. Capacity credits shall only be transferred to
developments within the same concurrencv service area or a
contiquous concurrency service area. Mitiqation bankinq shall be
administered by the School Board in accordance with the requirements
of the concurrency mitiqation system.
26
Proportionate-share mitigation must be acceptable to the School Board.
Mitigation shall be directed to proiects in the first three (3) years of the
District Facilities Work Program that the School Board agrees will satisfy
the demand created by that development approval.
The amount of mitigation required shall be calculated based on the cost
per student station, as defined above, and for each school type
(elementary, middle and high) for which there is not sufficient capacity.
The Proportionate Share for a development shall be determined by the
following formulas:
Number Of New Student Stations Required For Mitigation (By School
Type) =
[Number Of Dwelling Units Generated By Development Proposal, By
Housing Type x
Student Generation Multiplier (By Housing Type And School Type)]-
Credit for Districtwide CaIJacitv of Maqnet Schools and Charter
Schools -
Number of A vailable 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 mitigation shall be required from the
proposed development.
The local government and the School Board shall consider the evaluation
report and the options that may be available for proportionate share
mitigation including the amendment of the District Facilities Work
Program. If the local government and the School Board find that options
exist for proportionate share mitigation. they shall authorize the
preparation of a development agreement and other documentation
appropriate to implement the proportionate share mitigation option(s). A
legally binding development agreement shall be entered into between the
School Board, the relevant local government. and the applicant and
executed prior to issuance of the final plat. site plan or functional
equivalent. In that agreement. if the School Board accepts the mitigation,
the School Board must commit to place the improvement required for
mitigation on the first three (3) vears of the Five Year Plan. This
development agreement shall include the landowner's commitment to
continuing renewal of the development agreement until the mitigation is
completed as determined by the School Board. This agreement shall also
address the amount of the impact fee credit that may be due for the
mitigation, and the manner in which it will be credited.
27
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 Updates to Public School Concurrency: The School Board.
County and Cities shall use the processes and information sharinq
mechanisms outlined in this Amended and Restated Aqreement to ensure
that the uniform district-wide public school concurrency system is updated.
the District Facilities Work Proqram remains financially feasible in the
future. and any desired modifications are made. The District's updated
Five-Year Plan will be adopted into the County's and Cities' capital
improvement elements no later than December 1 of each year.
The School Board shall not amend the District Facilities Work Proqram as
to modify. delay or delete any proiect that affects student capacity in the
first three (3) years of the Five Year Plan unless the School District staff.
with the concurrence of a maiority of the School Board members. provides
written confirmation that:
1. The modification. delay or deletion of a proiect is required in
order to meet the School Board's constitutional obliqation to provide
a county-wide uniform system of free public schools or other leqal
obliqations imposed by state or federal law; or
2. The modification, delay or deletion of a proiect is occasioned
by unanticipated chanqe in population proiections or qrowth
patterns or is required in order to provide needed capacity in a
location that has a current Qreater need than the oriqinally planned
location and does not cause the adopted LOS standard to be
exceeded in the Concurrency Service Area from which the
oriqinally planned proiect is modified, delayed or deleted; or
3. The proiect schedule or scope has been modified to address
local qovernment concerns. and the modification does not cause
the adopted LOS standard to be exceeded in the Concurrency
Service Area from which the oriQinally planned proiect is modified.
delayed or deleted; and
4. The Staff Workinq Group has had the opportunity to review
the proposed amendment and has submitted its recommendation to
the Superintendent or desiqnee.
The School Board may amend the District Facilities Work Proqram at any
time to add necessary capacity proiects to satisfy the provisions of this
28
Aoreement. For additions to the District Facilities Work Prooram, the
School Board must demonstrate its ability to maintain its financial
feasibility.
9.4 Exemptions and Vested Development: The followino types of
developments shall be exempt from the requirements of public school
concurrency:
a. Developments that result in a total impact of less than one (1)
student in any level or type of school; and
b. Development with covenants restrictino occupancy to exclude
school aQe children (e.Q., 55 and over).
The followino types of developments shall be considered vested from the
requirements of public school concurrency:
a. Developments with a valid, unexpired site plan or final plat or
functional equivalent. as of December 31,2007;
b. Developments that have executed and recorded covenants or
have provided monetary mitioation payments. as of December 31,
2007, under the School Board's current voluntary mitioation
procedures;
c. Any Development of Reoional Impact for which a development
order was issued, pursuant to Chapter 380, Florida Statutes, prior
to July 1, 2005. Also, any Development of Reoional Impact for
which an application was submitted prior to May 1, 2005.
Section 109. Resolution of Disputes
1Q9.1 If the parties to this Amended and Restated Aagreement are unable
to resolve any issue in which they may be in disagreement covered in this
Amended and Restated Aagreement, 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 fees and costs.
Section 110. Oversiaht Process
110.1 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 Restatede intorlocal aAgreement.
29
The School Board shall organize and staff the meetings of this Citizens
Oversiqht Committee, calling on the Staff Working Group for assistance as
needed. It shall provide thirty (30)no less than seven (7) days written
notice of any meeting to the members of the Citizens Oversiqht
Committee, the Staff Working Group, the SSPCC, County, Cities and to
the public. Citizens Oversiqht 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 Amended and Restated 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 sixty (601 days prior to the annual meeting of the
Citizens Oversiqht Committee, the Staff Working Group and the SSPCC
shall each submit an annual report regarding the status of the
implementation and effectiveness of the Agreement. These annual
reports shall additionally be distributed to all parties to this Amended and
Restated Agreement. Meetings of the Citizens Oversiqht Committee shall
be conducted as public meetings, and provide opportunities for public
participation. The Citizens Oversiqht Committee shall adopt bylaws that
shall qovern its operation.
Section 12t. Effective Date and Term
This Amended and Restated Aqreement shall take effect upon the date of
publication of a Notice of Intent to find it consistent with the requirements
of Section 163.31777(2), Florida Statutes. This Amended and Restated
may be executed in any number of counterparts, each of which will be
deemed an oriqinal. but all of which toqether will constitute one and the
same instrument and be the aqreement between the parties. +fHs
Agreement sh31l become effective upon the sign3tures ~f the School
B03rd and County, 3nd sh31l remain in full force and effect for a period of
five (5) ye3rs from the effective date. The execution of the J\greoment by
each City sh31l m3ke it effecti'Je 3S to th3t City. The failure of any party to
execute the Agreement by January 1, 2008 M3rch 1, 2003 may subject
that party to penalties as provided by statute. This Amended and Restated
Aqreement may be amended by mutual adoption by all parties, at the
yearly ioint meetinq or as the situation warrants. This Amended and
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. In such a case, the withdrawing
party/ies and the School Board may be subiect to sanctions from the
Administration Commission and the Florida Department of Education,
unless they enter into a separate aqreement within 30 days that satisfies
all of the relevant requirements of Florida Statutes. Any separate
aqreement must be consistent with the uniform district-wide public school
30
concurrency system. This Agreement m3Y be extended upon the mutu31
consent of the p3rties to this Agreement f-or 3n 3ddition31 five (5) years, on
the same terms 3nd 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 th3n one (1) ye3r prior to the expir3tion of the
then current term, 3nd the other p3rties agree in writing to such extension.
Extensions shall be 'J31id 3S to those parties consenting in 'J.'riting thereto,
even if not 311 p3rties hereto so consent.
Section 132. Severability
If any item or provision of this Amended and Restated Agreement is held
invalid or unenforceable, the remainder of the Agreement shall not be
affected and every other term and provision of this Amended and
Restated Agreement shall be deemed valid and enforceable to the extent
permitted by law.
Section 143. Notice and General Conditions
A. All notices which may be given pursuant to this Amended and
Restated Agreement, except notices for meetings provided for
elsewhere herein this !\greement, 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.
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Phone: (305) 146 8910
Fax: (305) 466 8919
Town Manager
Town of Bay Harbor Islands
9665 Bay Harbor Terrace
Bay Harbor Islands, Florida 33154
31
City Manager
City of Coral Gables
P.O. Box 141549
Coral Gables, Florida 33114-1549
Town Manaoer
Town of Cutler Bay
10720 Caribbean Blvd., Suite 105
Cutler Bay. FL 33189
City Manaoer
City of Doral
8300 NW 53rd Street. Suite 100
Dora!. FL 33166
Mayor
Village of El 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 OffiGefcial
City of Hialeah Gardens
10001 N.W. 87 Avenue
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
32
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
City Manaoer
City of Miami Gardens
1515 NW 167th 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
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
33
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 Parkway11551 S. Dixie Highway
Pinecrest, Florida 33156
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
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
34
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 1.54-. Meraer Clause
This Amended and Restated Interlocal Agreement.. 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
Amended and 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 Amended and Restated Agreement 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 Amended and
Restated Agreement and the provisions in the incorporated Exhibits, then
Amended and Restated Agreement will prevail.
Any amendment to this Amended and Restated 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 Restated 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 165 Counterparts Clause
This Amended and Restatedlnterlocal Agreement may be executed in
counterparts and facsimiles shall constitute best evidence for all purposes.
Section 17&. Supplementary Aareements
All parties to this Amended and Restatedlnterlooal 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 and Restatedlnterloo31 Agreement.
35
Section 181. 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 Amended and Restated I nterlocal
Agreement.
Section 1~8. Exempt or Waived Municipalities
1~g.1. In cases where a municipality or other unit of local government (that
is not a party to this Amended and Restated 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 Amended and Restated Agreement,
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 Restated Agreement. Failure to secure a
response or to have non-signatories become signatories to this Amended
and Restated Agreement shall neither constitute, nor be considered, a
breach of this Amended and Restated Agreement.
1~g.2 This section shall not be interpreted to prevent exempt or waived
municipalities from participating in the processes under this Amended and
Restatede Agreement and the First Supplemental/\greement as they may
relate to any public school facilities located in unincorporated Miami-Dade
County.
Section 20. No Third Party Beneficiaries.
The parties expressly acknowledQe that it is not their intent to create or
confer any riQhts or obliQations in or upon any third person or entity under
this Amended and Restated AQreement. None of the parties intend to
directly or substantially benefit a third party by this Amended and Restated
AQreement. The parties aQree that there are no third party beneficiaries to
this Amended and Restated AQreement. and that no third party shall be
entitled to assert a claim aQainst any of the parties based upon this
Amended and Restated AQreement. NothinQ herein shall be construed as
consent by any aQency or political subdivision of the State of Florida to be
sued by third parties in any matter arisinQ out of any contract.
IN WITNESS WHEREOF, this Amended and Restated Interlocal 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, Town of Cutler Bay.
City of Doral, Village of EI Portal, City of Florida City, City of Hialeah, City of
36
Hialeah Gardens, City of Homestead, Village of Indian Creek, Village of Key
Biscayne, City of Miami, City of Miami Beach, City of Miami Gardens. 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~Z.
The School Board of Miami Dade County, Florida
Attest:
(print)
By:
, Chair
Attest:
(print)
By:
, Secretary
Approved as to form:
School Board Attorney
37
Signature page to be provided by each municipality.
38
GLOSSARY
Contiauous Concurrency Service Areas: Concurrency Service Areas which are
contiauous and touch alona one side of their outside aeoaraphic boundary.
Affected Local Government: Any iurisdiction within 1,500 feet of, or whose utilities are
utilized by the property or improvement under consideration by the School Board.
Ancillary Facilities: The buildina, site and site improvements necessary to provide
support services to the School Board's educational proaram includina, but not limited to
vehicle storaae and maintenance, warehouses or administrative buildinas.
Applicant: For the purposes of school concurrency, any person or entity undertakina a
residential development.
Attendance Boundary: The aeoaraphic area which is established to identify the public
school assianment of students residina within that area.
Available Capacity: Existina school capacity which is available within a Concurrency
Service Area includina any new school capacity that will be in place or under actual
construction, as identified in the first three years of the School District's Five Year
Capital Plan.
Cities: The municipalities within Miami-Dade County, except those that are exempt from
the Public School Facilities Element. pursuant to Section 163.3177(12), F.S.
Comprehensive Plan: As provided by Section 163.3164(4), F.S., as amended, a plan
that meets the requirements of 163.3177 and 163.3178, F.S.
Concurrency: As provided for in Florida Administrative Code Rule 9J-5.003, the
necessary public facilities and services to maintain the adopted level of service
standards are available when the impacts of development occur.
Concurrency Service Area (CSA): A aeoaraphic area in which the level of service for
schools is measured when an application for residential development is reviewed for
school concurrency purposes.
Consistency: See Section 163.3194, F.S.
Development Order: As provided by Section 163.3164(7), F.S., as amended, any order
arantina, or arantina with conditions, an application for a development permit.
Educational Facility: The buildinas and equipment. structures and special educational
use areas that are built. installed or established to serve educational purposes only.
Educational Plant Survey: a systematic study of schools conducted at least every five
years and submitted to the DOE for review and validation. The survey includes an
inventory of existina educational and ancillary plants, and recommendations for future
needs.
39
Evaluation Report: A report prepared bv the School District. identifvina if school
capacity is available to serve a residential proiect. and if capacity exists. whether the
proposed development is conceptuallv approved or vested.
Exempt local Government: A municipalitv which is not required to participate in school
concurrency when meetina all the requirements for havina no sianificant impact on
school enrollment. per Section 163.3177(12)(b), F.S.. or because it has received a
waiver from the Department of Community Affairs per Section 163.31777(1 )(c), F.S.
Financial Feasibilitv: As provided in Section 163.3164(32), F.S.. as amended, sufficient
revenues are currentlv available or will be available from committed fundina sources for
the first 3 years, or will be available from committed or planned fundina sources for years
4 and 5. of a 5-vear capital improvement schedule for financina capital improvements,
such as ad valorem taxes, bonds. state and federal funds. tax revenues. impact fees,
and Applicant contributions. which are adequate to fund the proiected costs of the capital
improvements identified in the comprehensive plan necessary to ensure that adopted
level of service standards are achieved and maintained within the period covered bv the
5-vear schedule of capital improvements.
Five Year Plan: School District's annual comprehensive capital plannina document. that
includes lona ranae plannina for facilitv needs over a five-Year, ten-year and twenty-year
plannina horizon. The adopted School District's Five-Year Work Proaram and Capital
Budaet as authorized bv Section 1013.35, F.S.
Florida Inventory of School Houses (FISH) - Permanent Capacity: The report of the
permanent capacity of existina public school facilities. The FISH capacity is the number
of students that may be housed in a facilitv (school) at any aiven time based on a
percentaae of the total number of existina student stations and a desianated size for
each proaram.
Geoaraphic Area: One of four Quadrants (Northwest. Northeast. Southwest. Southeast)
of Miami-Dade County as depicted in Exhibit 3 (attached).
level of Service (lOS) Standard: As provided for in the Florida Administrative Code
Rule 9J-5.003, an indicator of the extent or dearee of service provided by. or proposed
to be provided by, a facilitv based on and related to the operational characteristics of the
facilitv.
local Governments: Miami-Dade County and/or the Cities located within its boundary.
Maximize Capacity Utilization: The use of student capacity in each CSA to the
areatest extent possible, based on the adopted level of service and the total number of
permanent student stations accordina to the FISH inventory, takina into account special
considerations such as. core capacity. special proarams, transportation costs.
aeoaraphic impediments. court-ordered deseareaation, and class size reduction
requirements to prevent disparate enrollment levels between schools of the same type
(elementarv. middle, hiah) and provide an equitable distribution of student enrollment
district-wide.
40
Permanent School District Facilities: An area within a school that provides
instructional space for the maximum number of students in core-curricula courses which
are assioned to a teacher based on the constitutional amendment for class size
reduction and is not moveable.
Permanent Student Station: The floor area in a permanent classroom required to
house a student in an instructional prooram. as determined bv the FDOE.
Proportionate Share Mitiaation: An Applicant improvement or contribution identified in
a bindino and enforceable aoreement between the Applicant. the School Board and the
Local Government with iurisdiction over the approval of the plat. site plan or functional
equivalent provide compensation for the additional demand on public school facilities
caused bv the residential development of the property, as set forth in Section
163.3180(13)(e). F.S.
Public School Facilities: Facilities for the education of children from pre-kinderoarten
throuoh twelfth orade operated bv the School District.
School Board: The oovernino bod v of the School District. a political subdivision of the
State of Florida and a body corporate pursuant to Section 1001.40, F.S.
School District of Miami-Dade County: The School District created and existino
pursuant to Section 4. Article IX of the State of Florida Constitution.
Student Generation Multiplier (SGM): A rate used to calculate the number of students
bv school type (elementary, middle, hioh) and housino type (sinole-familv. multifamilv,
etc.) that can be anticipated from a new residential development.
Tvpe of School: Schools providino the same level of education, i.e. elementary, middle,
hioh school, or other combination of orade levels.
Utilization: A ratio showino the comparison of the total number of students enrolled to
the overall capacity of a public school facilitv within a Concurrency Service Area (CSA).
41
6Gx13- 2C-1.083
Administrative Operations
EDUCATIONAL FACILITIES PLANNING, SITE SELECTION AND ACQUISITION,
AND CONSTRUCTION
I. I ntent --The intent of the School Board is:
A. To establish a broad-based, external educational facilities committee,
to be called School Site Planning and Construction (SSPC)
Committee, to advise the School Board on the implementation of the
District's adopted five-year work program, and to make independent
recommendations to the School Board and the Superintendent of
Schools, which promote internal accountability and facilitate efficient
and effective delivery of public educational facilities throughout Miami-
Dade County.
B. To establish an internal, interdisciplinary staff committee, to be called
Technical Review (TR) Committee to provide staff coordination,
accountability and oversight of the formulation and implementation of
the District's adopted educational facilities plan.
C. To establish policies, procedures and assign responsibilities for the
planning, site selection and acquisition and construction of educational
facilities that will provide for public educational plant needs throughout
Miami-Dade County in accordance with School Board policy and State
law as set forth in Chapter 1013, Florida Statutes (F .S.).
D. To ensure that all priority educational facility projects are included in
the District's adopted educational facilities plan as provided in Section
1013.35, F.S. and that any changes to the adopted educational
facilities plan are supported by identified needs and priorities and
approved by the School Board.
E. To integrate the District's planning, site selection and acquisition and
construction functions so that educational facilities are available on a
timely and cost-effective basis in accordance with the District's
adopted educational facilities plan.
F. To establish policies and procedures for land acquisition in
accordance with Chapter 1013, Florida Statutes.
G. To establish effective procedures for obtaining appraisals pursuant to
Section 253.025, Florida Statutes, and for reviewing said appraisals.
6Gx13- 2C-1.083
H. To establish procedures and assign responsibilities to provide full
information to the School Board on all recommended land purchases
including the estimated cost of any work that must be performed on an
unimproved site to make it usable for the desired purpose, appraisals
of market value obtained in connection with the proposed acquisition,
and any other material information.
II. School Site PlanninQ and Construction Committee
A. Establishment -- The School Board shall establish as a standing,
external committee, an educational facilities committee, to be called
the School Site Planning and Construction (SSPC) Committee, which
shall include parents, business community representatives,
construction, appraisal and real estate professionals and other
community stakeholders, which shall serve in an advisory capacity
and report directly to the School Board.
B. Purpose -- The purpose of the SSPC Committee shall be as follows:
1. To advise the School Board on the formulation, priorities and
implementation of the District's adopted five-year work program
for educational plants and other related matters;
2. To make recommendations to the School Board on site
acquisitions, including alternatives, if any; and,
3. To make independent recommendations to the School Board
and to the Superintendent of Schools which promote internal
accountability and facilitate more efficient and effective delivery
by the District of public educational facilities throughout Miami-
Dade County.
C. Responsibilities -- The responsibilities of the SSPC Committee shall
be as follows:
1. Provide input, priorities and monitor the formulation,
amendment and implementation of the District's educational
facilities plan and other long-range plans as prescribed by
Section 1013.35, F.S.;
2. Provide input and monitor the District's educational plant
survey as prescribed by Section 1013.31, F.S.;
3. Provide input, monitor and make recommendations including
priorities, to the School Board on the District's annual capital
outlay budget, as prescribed by Section 1013.61, F.S.;
6Gx13- 2C-1.083
4. Provide input, monitor and make recommendations to the
School Board on the District's site facilities planning, site
selection and acquisition, and construction programs and
alternatives, to ensure they are cost-effective and timely;
5. Review and transmit reports to the School Board, which
provide recommendation(s) on site acquisitions, and contain all
relevant site analysis and supporting documentation for the
School Board's review and final action;
6. Review quarterly and forward to the School Board, status
reports on site selection and acquisition activities;
7. Evaluate annually and provide to the School Board a year-end
report on the progress of site acquisition activities and facility
planning and construction programs, and where appropriate
provide recommendations for improved accountability,
efficiency and cost-effectiveness;
8. Provide such other advice or input as may become necessary
to ensure compliance with applicable state statutes and the
adopted educational facilities plan, and respond in writing to
requests from the School Board or the Superintendent of
Schools.
9. Review potential sites for new schools, as well as proposals for
significant renovation, 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 this Rule for consideration by School Board
staff. As part of its deliberations, the SSPC Committee shall
ensure that the affected local governments, as defined under
the Interlocal Agreement for Public School Facility Planning in
Miami-Dade County, and any Supplemental Agreements
hereto, are afforded an opportunity to provide comments and
shall consider those comments in its deliberations.
10. Host a planning forum on an annual basis or more often as
may be needed, to review the School Board's acquisition
schedule and all other relevant issues stipulated under that
certain Interlocal Agreement that was entered into by the
School Board, Miami-Dade County, and all non-exempt local
governments, in accordance with Section 1013.33, Florida
Statutes. The SSPC Committee shall invite a representative
from each of the impacted units of government to participate in
the proceedings and to provide input and comments for
6Gx13- 2C-1.083
consideration by the SSPC Committee in its deliberations. The
forum will review the School Board's acquisition schedule and
all other relevant issues 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 non-exempt local governments. Based on
information gathered during the review, the SSPC Committee
will submit recommendations to the Superintendent or
designee.
11. Assign one member to the Historic Schools Working Group
(Working Group) to provide a communications link between the
Working Group and the Committee. The SSPC will review
planning strategies and funding initiatives of the Working
Group for coordination with other district planning and budget
documents as provided, and will receive an annual planning
and progress report from the Working Group for transmittal to
the School Board.
D. Membership -- The SSPC Committee shall be composed of the
following voting members:
A business community representative appointed by the Board
of Trustees of the Greater Miami Chamber of Commerce;
The president of the Dade County PTAlPTSA, or designee;
The chair of the Diversity, Equity and Excellence Advisory
Committee (DEEAC) or designee;
The chair of the Attendance Boundary Committee, or designee;
A real estate appraiser appointed by the Florida Real Estate
Appraisal Board and practicing in Miami-Dade County;
Two real estate experts, one of whom is appointed by the
Realtor Association of Greater Miami and the Beaches,
Commercial Section, and one appointed by the Realtor
Association of Miami-Dade County. One appointee shall
represent the commercial real estate market and one
appointee shall represent the residential real estate market;
A registered surveyor, architect or engineer appointed by the
Chair of the School Board;
A School Board Member appointed on an annual basis by the
Chair of the School Board;
6Gx13- 2C-1.083
A Miami-Dade County representative selected by the County
Manager or designee;
A representative selected by the Miami-Dade County League
of Cities;
A floating member designated by the City Manager ofthe most
impacted municipality to which an SSPC agenda item relates,
or if it concerns an unincorporated area of Miami-Dade County,
this floating member shall be from the geographically nearest
municipality most impacted by the agenda item;
A member of the residential construction industry appointed by
the Builders Association of South Florida.
A member of the residential construction industry appointed by
the Latin Builders Association.
E. Operation --The SSPC Committee shall operate as follows:
a. Term of appointments and special conditions: Effective April 7,
2004, the term for fifty percent (50%) of the appointees of the
SSPC Committee shall be three (3) years, and fifty percent
(50%) of the appointees of the SSPC Committee shall be two
(2) years; the Chair shall delegate which appointees shall serve
two (2) year terms and three (3) year terms. Effective April 7,
2006, and thereafter, the term for all appointments and
reappointments shall be two (2) years. Prior to the expiration
of each appointment, the respective appointing entity shall be
requested to make an appointment or reappointment;
b. Quorum and Committee Chair: A quorum shall consist of a
majority of the membership. The SSPC Committee shall elect
a Chair and Vice-Chair every year;
c. MeetinQs: Meetings shall be held regularly on a monthly basis,
unless there is no business to be conducted. Meetings shall
be conducted as prescribed in Section 286.011, F.S., and shall
be advertised at least five working days prior to the regularly
scheduled meeting date. A notice of the meeting shall be
posted at the Citizen Information Center. The meetings shall
be recorded and summary minutes distributed with the
subsequent meeting's agenda packet;
d. Staff Support: The Administrative Director, Facilities Planning,
and the Executive Director, Facilities Planning, shall provide
primary staff support to the SSPC Committee, including
preparation of agenda packets and meeting minutes, analytical
6Gx13- 2C-1.083
reports and supporting documentation. The Office of the
School Board Attorney shall provide legal support to the SSPC
Committee. The SSPC Committee may from time to time, as
required, request support from other District personnel;
e. Code of Ethics: The SSPC Committee is an advisory body to
the School Board. As such, as provided by F.S. 112.313(1),
the members of the SSPC Committee are subject to the
provisions of the Code of Ethics for Public Officers and
Employees, set forth in Chapter 112, Part III of the Florida
Statutes.
f. Lobbvists: Any and all lobbyists, as defined in School Board
Rule 6Gx13- 8C-1.21, present at an SSPC Committee
meeting, who wish to speak on an item being considered by
the SSPC Committee, shall first execute and file the required
form with the School Board Clerk's Office. A copy of the
executed form shall be made part of the official record for the
SSPC Committee meeting at which the lobbyists are present,
and shall be attached to the minutes of the meeting.
g. Lobbvina: In the event that a SSPC Committee member is
contacted directly by a lobbyist in connection with any matter
that may foreseeably come before the Committee for action,
the Committee member shall orally disclose such contact at the
meeting in which the matter is up for consideration, and file a
memorandum of voting conflict, if applicable, as may be
required by in the State Code of Ethics for Public Officers and
Employees.
III. Technical Review Committee
A. Establishment -- The School Board shall establish the Technical
Review (TR) Committee, which shall be comprised of District staff
members and which shall serve in an advisory capacity and report
directly to the Superintendent of Schools.
B. Purpose -- The purpose of the TR Committee shall be to provide staff
coordination, accountability and oversight of the formulation and
implementation of the District's adopted educational facilities plan.
C. Responsibilities -- The responsibilities of the TR Committee shall be
as follows:
1. To formulate and recommend to the Superintendent of Schools
and to the SSPC Committee a tentative District facilities
educational facilities plan, as provided in Section 1013.35, F.S.;
6Gx13- 2C-1.083
2. To review and provide oversight of the annual capital outlay
budget report, to include: expenditures, encumbrances and
balances by fund, and a mid-year budget evaluation of project
status of all funded and unfunded projects, against the
approved budget and the undistributed capital contingency, for
possible recommendation for Board action to amend the
budget and educational facilities plan;
3. To review the District's educational plant survey prepared and
submitted by Facilities Planning and Construction, as
prescribed in Section 1013.31, F.S., and transmit same to the
SSPC Committee for review and a recommendation to the
School Board;
4. To submit annually to the SSPC Committee a progress report
on the District's facilities planning and construction programs;
5. To expeditiously review and recommend to the Superintendent
of Schools and the SSPC Committee on any construction
change orders, which exceed the total appropriation for the
particular project;
6. To expeditiously review and recommend to the Superintendent
of Schools and to the School Board on construction change
orders if funds are available in project contingency, except that
change orders of less than $50,000 may be approved
administratively by the Superintendent or his designee and
subsequently confirmed by the TR Committee;
7. To review and recommend to the Superintendent of Schools
the award or rejection of construction bids, which exceed the
project budget by 5%;
8. To review and recommend to the Superintendent of Schools,
based upon recommended awards of construction bids,
amendments to the affected project budget. Project budgets
should be reduced when construction awards are less than the
amount budgeted or increased when the construction award is
more than the amount budgeted. The source or destination of
such budget amendments should be undistributed contingency
in each affected fund;
9. To review administrative procedures and perform other
functions as assigned by the Superintendent of Schools.
6Gx13- 2C-1.083
D. Membership -- The TR Committee shall be comprised ofthe following
voting members, or their designees:
Chief Business Officer - Chair;
Administrative Director, Facilities Planning;
Administrative Director, Facilities Operations and Legislative Support;
Chief Financial Officer;
Administrative Director - Maintenance;
Associate Superintendent of School Operations;
Associate Superintendent - Education.
E. Operation -- A quorum of the TR Committee shall consist of a
majority. Meetings shall be held as called by the Chair. Minutes shall
be kept of all meetings and upon approval by the TR Committee a
copy shall be distributed to the Superintendent of Schools and to the
School Board.
IV. Site Selection
A. Use of District's Adopted Educational Facilities Plan -- Only those
sites for projects included within the District's adopted educational
facilities plan shall be investigated and evaluated for potential
purchase by the School Board.
B. Criteria -- Criteria for evaluating and selecting sites for locating
educational facilities shall include or address the following elements:
1. Size and shape of site;
2. Expansion capacity of site;
3. Whether the site is adequate to relieve overcrowding in existing
schools;
4. Whether there are pending or approved charter school
applications which would impact the proposed educational
facility or the site search;
5. Whether the site is reserved in a recorded subdivision, or set
aside for donation or purchase by the School Board as a result
of Developmental Impact Committee (DIC) or Development of
Regional Impact (DRI) approvals;
6Gx13- 2C-1.083
6. Location of site in relation to both the intended service area, as
well as major traffic arteries and accessibility to school buses
and private vehicles for student drop-off and pickup;
7. Site location should seek to the extent practicable to promote
diverse school enrollments, reflecting the broad mix of cultures,
experiences and ideas to be found in the community, through
the consideration of various factors, including but not limited to
the socioeconomic circumstances, unique language needs and
abilities, race and ethnicity of the students to be served;
8. Location of site and potential impact on the attendance
boundaries of surrounding schools;
9. Occupancy of the site, specifically whether any residents will
require relocation;
10. Location of site in relation to existing or planned public
recreation sites, which might make possible the joint use of
facilities;
11. Whether there are any existing or anticipated land uses in the
area, which could adversely affect the site due to traffic
generation, noise, odor, safety or other factors;
12. Whether there are any major street improvements or
expressways planned in the vicinity, which could affect the site
or the intended service area;
13. Whether there are adequate traffic control devices and
sufficient road capacity for the intended use of the site;
14. Whether site access requires crossing a canal, railroad, major
street or other physical barrier or hazard;
15. Whether there are any archeological or historical designations
or any biological, zoning or environmental problems (e.g.,
incinerators, active or inactive dump sites, toxic soil,
underground storage tanks) on the property that could
adversely impact the timely use of the property for the intended
purpose;
16. The extent of site development work that must be done on an
unimproved site in order to make it usable for the intended
purpose;
17. The condition of title to the site or any known title defects;
6Gx13- 2C-1.083
18. The compatibility or incompatibility of present and projected
uses of adjacent properties with the intended use.
C. Site Selection Procedures -- The Chief Business Officer or his/her
designee shall ensure that thorough site selection procedures are
followed, including the following seven-step due process, as described
below. The Chief Business Officer shall have the option to secure the
services of a third party or parties, under contract with the District, to
identify sites and/or negotiate conditional agreements for purchase
and sale of real property on behalf of the School Board, as may be
deemed appropriate.
1. Identify through the appropriate school district regions, the
general search boundaries for the proposed educational
facility, any relevant educational, recreational, and community
requirements that may be applicable, minimum required site
size, and the educational facilities to be relieved;
2. Inventory available sites that meet the search parameters,
including School Board-owned sites, properties designated for
donation to the School Board, properties set aside by
developers or property owners for purchase, as approved by
the School Board, and properties owned by public entities
which may be available under cooperative partnerships;
3. Conduct preliminary due diligence and with input from School
Operations and Transportation staff, identify the sites most
suitable for the intended purpose;
4. Submit to the SSPC Committee the record of all suitable sites
for direction. Pursuant to this direction, authorize the
Superintendent, his designee, or the third party, to execute
conditional purchase and sale agreements based on a not to
exceed purchase price, to be determined by the SSPC
Committee based on a restricted use appraisal report
generated by District authorized licensed appraiser. This shall
be subject to additional due diligence, to include environmental
assessments, site preparation and development costs,
appraisals and any other reviews deemed necessary. As part
of the conditional agreements, a fully refundable deposit notto
exceed 10% of the purchase price, may be deposited in
escrow with the School Board Attorney, as earnest money;
5. Present the results of negotiations for the selected sites to the
SSPC Committee for final ranking if necessary, including any
adjustments of the not to exceed price and a recommendation
to the School Board for approval of the negotiated agreements.
The SSPC Committee shall also consider the need for eminent
domain where negotiations prove unsuccessful;
6Gx13- 2C-1.083
6. Submit recommendation to the School Board for approval of a
purchase and sale agreement, or upon a recommendation by
the SSPC Committee to authorize eminent domain
proceedings;
7. Upon review of the sites and recommended ranking, the
School Board shall accept the sites as ranked or re-rank them
and authorize acquisition. If none of the sites are acceptable,
the School Board shall reject them.
v. Site Acquisition
A. Criteria for Acquisition of Sites for School Facilities
1. Overall suitability of a site for the intended purpose;
2. Total estimated costs to place a site in use for the intended
purpose, including acquisition cost and cost of necessary site
improvements; and
3. The reasonableness of the total cost to acquire and place a
site into use, as compared to other sites or options.
B. Criteria for Determininq "Reasonableness" of Costs of Site Acquisition
and Improvements
1. The foundation, or starting point, for determining what is a
reasonable price for the School Board to pay for the acquisition
of land is an appraisal(s) of market value of sites as provided in
Section 253.025, F.S.;
2. Adjustment downward or upward of the appraised market value
of a site based upon the following:
a. Total costs, other than the cost of acquisition, to place
the site in use;
b. Availability of alternative, suitable sites for the project;
c. Both the general real estate market conditions and the
specific real estate market conditions in the geographic
area of the project; and
d. Any other identified factors which may impact the
reasonableness of site acquisition costs, including but
not limited to the total estimated costs of the eminent
domain process to acquire the site as provided by
6Gx13- 2C-1.083
Sections 73.091 and 73.092, F.S., and for the District's
costs for attorneys' fees and other expenses of the
eminent domain.
C. Appraisal Procurement and Review Process -- The Chief Business
Officer or his/her designee shall ensure the following is provided:
1. Initiating, overseeing and documenting the procurement of
professional appraisals of market value of the sites determined
by the School Site Planning and Construction Committee to be
suitable for projects in the District's adopted educational
facilities plan or long-range plan, as required by Section
1013.35, F.S.;
2. Where two appraisals are required under state law, request in
writing a formal professional review appraisal from an
appraiser selected in accordance with Section 253.025(6)(b),
F .S. The reviewing appraiser's certification of the
recommended or approved value of the property shall be set
forth in a signed statement which identifies the specific
appraisal reports reviewed and explains the basis for such
recommendation or approval.
D. Neaotiations and Authorization for the Voluntary Purchase and Sale of
Sites -- The Chief Business Officer or his/her designee shall ensure of
the following:
1. Conducting negotiations within the authorization granted by the
SSPC Committee for the voluntary purchase and sale of sites
suitable for projects included within the District's adopted
educational facilities plan or long-range plan and maintaining a
written record of all such negotiations;
2. Reporting to the SSPC Committee the results of such
negotiations for further input as may be needed;
3. Preparing for presentation to the School Board an item with full
information for the voluntary purchase and sale of a school site
as contained in the site list as ranked by the SSPC Committee,
suitable for the projects included within the District's adopted
educational facilities plan or long-range plan within the price
parameters established by the SSPC Committee, based upon
the criteria for "reasonableness" of cost of site acquisition and
improvements established herein;
4. Ensuring that where the agreed to purchase price exceeds the
appraised value where only one appraisal is required by state
law, or the reviewed appraised value in all other instances, and
6Gx13- 2C-1.083
the School Board finds that the agreed price is reasonable
under the criteria established herein, said purchase is
approved by an extraordinary vote. Extraordinary vote, for
purposes of this section, means a majority vote plus one
additional vote of the members of the School Board present at
the meeting where such action is taken.
E. Acquisition bv Eminent Domain
1. In the event that negotiations for voluntary sale of a site for a
reasonable price are unsuccessful, then the SSPC Committee
shall formulate and forward to the School Board an item
recommending the commencement of eminent domain
proceedings as authorized by Section 1013.24, F.S.
2. The item recommending the commencement of eminent
domain proceedings shall include the full record of the site
selection and investigation process;
3. Upon School Board approval, eminent domain proceedings
shall be initiated as provided for in Section 73.015, F.S.
Specific Authority: 1001.41(1)(2); 1001.42(22); 1001.43(10) F.S.
Law Implemented, Interpreted, or Made Specific: 73.015; 73.091; 73.092;
112.313(1); 112.3143; 253.025(6)(b); 286.011; 1013.24; 1013.31; 1013.33; 1013.35;
1013.36; 1013.61, F.S.
Historv: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
New: 12-12-01
Amended: 4-17-02; 6-19-02; 9-12-02; 5-14-03; 7-14-04
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18A I THURSDAY. DECEMBER 20. 2007
WORLD
CONFLICT IN IRAQ
Palestinians stranded in desert
About 500 Palestlnlans
whose parents fted to Iraq
in 1948 are living In the
desert in harsh cDndltlons
atter being driven from
Baghdad by Shiite militias.
BY M1RET a. NAG6AR
McClatchy New, ServICe
CAIRO - Hundreds of
palestinian refugees who
have been forced out of their
homes in Iraq are stranded in
a remote stretch of the Syrian
desert, where they're living in
tents that offer little shelter
against blinding sandstorms
:and the biting cold of winter
nights, according to humani-
tarian workers and refugees.
Syrian authorities have
barred the Palestinians from
leaving the Tanaf refugee
camp near the border with
Iraq. Journalists aren't
allowed to visit.
But United Nations offi~
dals and camp residents
reached by phone described
deteriorating bealth condi~
rions, with an increase in iU~
nesses related to contami-
nated water and skin
afflictions caused by unhy-
gienic conditions. Many chil-
dren have lice, the Pa.lestin~
ians said, and the elderly
suffer from diabetes and high
blood pressure. They survive
solely through handouts from
the U.N. and Arab hurnanitar~
ian groups.
"We die a thousand times a
day," said Wafaa Mazhar. 37.
Share more. Way more.
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MiamiHerald.com I THE MIAMI HERAlD
TENTOTY: The 500 Palestinians living at AI Tanaf in
Syria are low on the priority list of aid groups, which
are focusing on the 2.5 million refugees in
urban centers.
a. mother of five who said that
her 16--year-old. daughter was
diagnosed with leukemia six
months ago at Tana{. "We
Palestinians are leading mis-
erable lives. We're helpless.
and no one feels our pain."
The fate of the 500 or so
Palestinians at the Tanaf
camp has been largely over-
looked as governments and
humanitarian groups focus on
the 25 million Iraqi refugees
wbo have flocked to urban
hubs in Syria, Jordan and
Egypt. Across from Tanaf, in
Iraq, 1,900 Palestinians from
Baghdad live in the squalid
Wa!id camp, aid workers said
The refugees' future is
complicated by their status
during the regime of former
Iraqi leader Saddam Hussein.
Many have known no
home outside of Baghdad -
they're the offspring of par-
ents who settled in Iraq in
1948 after being driven from
Haifa when Israel became an
independent nation.. In Iraq,
Hussein promised them free
housing and education to pro-
mote himself as a champion
of their cause. The refugees
said the dictator's promises
rarely materialized and that
they never got citizenship.
"They can't go backward
or forward. Although their
material needs are being met,
nothing prepared them for
no~man's land," said Sybella
Wilkes, a U.N. spokeswoman.
Omcials are studying reset~
tlement possibilities in Sudan
and Cbile, she said.
OTHER DEVELOPMENTS
. AnnyMaj.Gen. MarkP.Hertllng. the top U,S. com.
mander in northern Iraq, warned Wednesday that al Qaeda
in Iraq was still capable of staging spectacular attacks
despite a 50 percent drop in bombings and other violence
in his region.
. Violence In Iraq has abated in recent months, and the
US. military has said it has dropped by as much as 60 to 70
percent in some places, In Baghdad, only one bullet-riddled
body was found washed up along the Tigris Riv€r Wednes
day. while another man was killed by a roadside bomb.
. Farther to the north, Kurdish authorities in northern Iraq
s.aid Wednesday that their forces would defend civiliar<s if
they we-rt'caught up in any fighting between Turkish troops
and Turkish Kurd rebels from the outlawed PKK in the area
On Tuesday, Turkey sent hundreds of troops across the
border into the frigid mountBins of northern Iraq, daimir<g it
inflicted heavy losses on rebels in the small-scale incursion.
which lasted 15 hours, <.md from airstfikes two days edflier
- Associiitf'd Press
+
Gj)
CITY OF
AVENTURA
NOTICE OF
HEARING OF LOCAL
PLANNING AGENCY AND
NOTICE OF AMENDMENT
OF THE CITY'S LAND
DEVELOPMENT
REGULATIONS
Public Notice is hereby given that the Aventura City
Com~ission, sitting as the City of Aventura Local
Planmng Agency will meet in a public hearing on
Tuesday, January 8, 2008 at 6:00 p.m. to consider
adoption of the following Ordinance:
AN ORDINANCE DF THE CITY OF
AVENTUAA, FLORIDA, AMENDING
SECTION 31-171(a)(6) "DFF-STREET
PARKING, LOADING AND DRIVEWAY
STANDARDS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT
MECHANICAL PARKING LIFTS TO BE
COUNTED AS REQUIRED PARKING
SPACES SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
~~~h~~hefo~in~~em~~ p~~~neg ~~n~
Aventura, as the governing body, will consider at a
public hearing, as first reading, adoption of the
above described Ordinance.
The above described Public Hearings will be held
commencing at 6:00 p.m. on Tuesday, January 8.
2008 in the City Commission Chamber at City of
Aventura Government Center, 19200 West Country
Club Drive, Aventura, Florida, 33180. The pro-
posed Ordinance may be inspected by the public at
the Office of the City Clerk at the address above.
Interested parties may appear at the Public
=~~~~~ heard with respect to the pro~
In accordance with the Americans with Disabilities
Act of 1990, all persons who are disabled and who
need special accommodations to participate in this
~~~~s:g:~a~~~~~~a:1~~
later than two business days pnor to such proceed-
ings.
If a person decides to appeal any decision made by
the City Commission, as Local Planning Agency or
as the governing body, with respect to any matter
considered at a meeting or hearing, that person will
need a record of the proceedings and, for such pur-
pose. may need to ensure that a verbatim record of
~~~~ et1~:,~~h~~~~~~a1~
to be basset.
Teresa M. Soroka, MMe, City Clerk
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THE MIAMI HERALD I Miamirlerald.com
GAZA STRIP
Hamas leader
seeks a truce
j A Hamas leader
appealed for a truce with
'srael, saying his people
suffered through a bleak
Islamic holiday.
BY SARAH B. DEB
AssociatedPt..s,
GAZA CITY, Gaza Strip-
On Islam's most important
holiday Wednesday, the
leader of Gaza's; embattled
Hamas government appealed
for a cease-fire with Israel
and said that his people -
battered by months of Israeli
military strikes and interna.
lional sanctions - are greet-
ing this year's feast with
"tears in our eyes."
Israel sent mixed signals
about the truce., with Prime
Minister Eblld Olmert's
spokesman insisting there
could be no deals with an
unrepentant Hamas, but one
Cabinet minister saying Israel
should consider outside
mediation with the Islamic
militants. group has never agreed to
The appeal from Ismail those conditions.
Haniyeh, who heads the On Tuesday, Olmert said
Hamas government in Gaza, the war against militants
came in a phone call to an would not end, and leaden
Israeli TV reporter, said were in lS1'aeli cross hairs..
Hamas spokesman Taher "We will get all those who
Nunu. It followed a two-day are responsible for firing
air assault by Israeli forces rockets," he said Tuesday.
that kiUed 12 Gaza militants, Israel's ceremonial presi-
two from Hamas and 10 from dent, Nobel Peace Prize laure-
Islamic Jihad. ate Shimon Peres.. released an
"The occupation [Israel] unusually harsh statement
should stop its attacks and opposing talks with Hamas.
siege," Nunu said. "Then a He called the Hamas overture
truce would be possible, and "a pathetic attempt to deflect
not unlikely." world attention away from
Hamas officials said they tbe crimes of Hamas and
were working with other mili~ Islamic jihad."
tant groups to stop the rocket But Cabinet minister Shaul
fire into Israel and also sent Mofaz, a former army chief
overtures to Israel through and defense minister. took a
unidentified third parties. more conciliatory view.
Olmert's office would not In an interview on lsrael
confirm that such messages Army Radio, Mofaz said
had arrived. His spokesman. Israel might consider indirect
Mark Regev, said there would contact with Hamas to end
be DO negotiations until the fIghting. As long as the
Hamas recognizes Israel, rocket attacks continue. Israel
renounces violence and will not "for even one hour"
accepts existing peace agree- let up its attacks on Gaza mili-
ments between Israel and the tants, Motaz said. But "media-
Palestinians. As a matter of tion is something we can
principle, the Islamic militant think about," he added.
..-'
o
CITY OF
AVENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENCY
AND NOTICE OF
AMENDMENT TO CITY
CODE OF ORDINANCES
Public Notice is hereby given thai the Aventura City
Comrrnsslon. sitting as the City of Averrttn. Local
Planning Agency. will meet in a public hearing on
Tuesday, January 8. 2008 at 6:00 p.m. to consider
adoption of the following 0n::Iinance:
AN ORDINANCE OF tHE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 2,
"ADMlNlSTMTlON", ARTICLE IV "FINANCE",
DMSION 5 "IMMCT FEES', TO CREATE
SECTION 2~302 ESTABUSHfNQ A
TRANSPORTATION MITIGATION IMPACT FEE
AND SCHEDULE FOR MITIGAT10N OF
TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR
TRANSPORTATION MITIGATION IMPACT FEE
COMPUTATION FORMULA; PROI/IOlNCl FOR
EXEMPTIONS; PROYIDING FOR IMPACT FEE
EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF A TRANSPORTATION
MITIGAllON IMPACT FEE FUND; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDlNQ
FOR CONFLICT; PROVIDtNO FOR
SEVERABILITY; AND PROVIDING FOR AN
efFECTIVE DAlE.
Immediately following the Local Plaming /!v;Jfn:;y meet~
lng, the Clty Commission of the Ctty of Aventura, as the
governing body, will cmsider at a public hearing, as
first reading, adoption of the above described
0nJ1nance.
The above described Public Hearings wiU be held com~
mencing at 6:00 p.m. on Tuesday. January 8, 2008 in
the City Commission Chamber at City of Aventura
Government Center. 19200 \"Mt Country Club Drive,
Aventln:, Florida, 33180. The proposed Ordinance
may be inspected by the public at the Office of the City
Clerk at the address above. Interested parties may
appear at the Public Hearings and be heard with
respect to the proposed Ordinance.
In aocordanoe with the Americans wlth Disabilities Act
of 1990, all persons who are disabled and who need
special accommodations to participate in this pmceed~
ing because of that dlsabtHy should contact the Office
of the City Clerk, (305) 466-8901. not later than two
business days prior to such proceedInQs.
if a persoo decides to appeal any decision made by the
City Commission. as local Plannr.g .Agency or as the
governing t:xxty, with respect to any matter consic::Sef9d
at a meeting or hearing. that person will need a record
of the proceedings and, for such f:UPOS8. may need to
ensure that a verbatim record of the proceedings is
made, which record Includes the testlnony and evi-
dence upon which the appeal is to be based.
Teresa M. Soroka, MMe. CIty Clerk
WORLD
THURSDAY, DECEMBER 20. 2007 I 21A
WIth mise ~ 00st f1l' kKIs Dl ~? ftr tIIi iIISWll'S to tIIise .. !IlIll1lllmll's TI'<IIPJ _ 011 your ~,
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14A 1 THURSDAY, DECEMBER 20. 2007
THE WORLD
PAKISTAN
MiamiHerald.colTI I THE MIAMI HERALD
Express train accident kills 58
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;~ A train carrying
hundreds of holiday
travelers derailed in
Pakistan, killing 58 people
and wounding 150. Poor
maintenance Is suspected.
8YA.StIU.FIUIAM
Aswci~tedPress
MEHRABPUR, Pakistan-
Plunged into darkness and
cbaos, Shahid Khan used the
light from his cell phone to
escape the wreckage of an
express train that had been
taking holiday travelers
borne.
[t was 2 a.m., and what was
left of the train. crowded with
900 people heading from
Karachi to Lahore in southern
CITY OF
AVENTURA
NOTICE OF
HEARING OF LOCAL
PLANNING AGENCY AND
NOTICE OF AMENDMENT
OF THE CITY'S LAND
DEVELOPMENT
REGULATIONS
o
Public Notice is hereby given that the Aventura City
Commission, sitting as the City of Aventura Local
Plaming Agency will meet in a public hearing on
Tuesday, January 8, 2008 at 6:00 p.m. to consider
adoption of the following Ordinance:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING
SECTION 3H441e) "OFFICE PARK lOP)
DISTRICT" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO PERMIT
DISPLAV SHOWROOMS AS A
CONDITIONAL USE SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATe.
Immediately following the Local Planning Agency
meeting, the City Commission of the City of
Aventura, as the governing I;x)dy, Vltll consider at a
public hearing. as first reading. adoption of the
above described Ordinance.
The above described Publtc Hearings will be held
commencing at 6:00 p.m. on Tuesday, January 8,
2008 in the City Commission Chamber at City of
Aventura Government Center, 19200 'Nest Country
Club Drive, Aventura. ROOda, 33180. The pro-
posed Ordinance may be inspected by the public at
the Office of the City Clerk at the address above.
Interested parties may appear at the Public
Hearings and be heard with respect to the pr0-
posed Ordinance.
In accordance with the Americans with Disabilities
Act of 1990, all persons who are disabled and who
need special accommodations to participate in this
proceeding because of that disability should con-
tact the Office of the City CIeri<. (305) 466-8901, not
later than two business days prior to such proceed-
Ings.
If a person decides to appeal any decision made by
the City Commission. as Local Planning Agency or
as the governing body, with respect to any matter
considered at a meeting or hearing. that person will
need a recon::I of the proceedings and, for such pur-
pose, may need to ensure that a verbatim record of
the proceedings is made, which record includes the
testimony and evidence upon which the appeal is
to be based.
Teresa M. Soroka, MMC, City Clerk
SllAlOlAl1L/N>
RESCUE EFFORTS: The army digs victims from the wreckage of 12 train cars that
jumped the track. Most passengers were traveling home for Eid al-Adha festivities.
wagon got stuck," he said.
After the crash. a section of
one rail had been tom loose.
The engine came to a halt
about a mile farther up the
\ine.
Brig. Naznar Jamil, the
CusllIn Sofas- Gar..... Dosigns. Your -. ... ...........
1IuaIity, affor4oble & last. Don', wail ftr...., don'l pay too
mud!, don't get 1he .... ....... gets. lhooroDm wiIl1
biaaesI_of_tabie5....biles,andl1vlian IIYIe
Ididms in st<<l 1m 1Dk/ng il!he ,.li" lot IomIooI in ihe
WosIan ~ ~ ......1ot......1he lIreet /ram
!he WosIan IIplolIIIIIfohl.
f.'IA'A1 S LAr{Gf~T '>FLECTION OF (lid'S
H1Nt'>S fOlJlPMtNl dOTHING "A(([SSOl1lt'>
SpIn....1Iharts, gloveS, t.-t.... monlIars ON SALE
Schwinn Air Dyne Evo Comp
'649"
~-'(
"'~CD FulJill a Wish!
1YAfiht
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~ ....,.;l,,,' Qt1\(ll"'('~>>'i Or ~~~Q' ;\15.1 'I'P'3;'1~'" T~off ,Ole l!lr'l~
01 WC"". l<<JPlllfl Sc>;;lh l'"(r'M <lI!<,l f:]' Y"""~ "',,~y 0'.,00 ~il'O'\l tws.p;re t~ll<"
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Ytw, ~ ~;O~ b4!0c_~ >0 r;<,,~:1"'" P<l'9"~'" o;./o:']<Ft" 4"d p.ct.",,~ ,,'!ioOf'll!'
W!"j opee.a' pe'XJIe ;J'Ili ~ ,19"""leS tI1a' st'uqgli! t~ l>elf. !Item .....1 il<<l~a'
'~~W tt>~ "\e"''lP~pe< nQW !f-''''',#, It>e erld or 'hIl }'o:a'
w.lt1 Yv-." <,1.(>"1"'->(><1 yc.l t;,,, ma-oe "ohda~ _~~5 com,,"'''' JII(! m~ ~'e
-l,rl~~ne. r:)ft'loS(!t'~Iv'''~effi
One>! ~ 1'>lY'1.'W'I'.&.N'~ >ll '1J",..'cll H('fal~ C~""-'~ !''<: 1",.11 ~~<lcjj\'C'.'l<Il
',,",<Is ,,, n''''t' <'ldr1<J1:1'''' p\<.t'NlS\1~
rOt n1<l''' ''''-C\<'''~~>0'' t.!(.'b"(1l11305-316-2tIO&',., ~.!
_.".,...-.1ItJboo/l.c0<ll
~J<lI<e )'l11.lr meti< P-ly;oQ!e III Hetllld CtYrItWI Inc an.:!
'nZllllO l"e;-aJ(l C~am,es l~ 1 He;-ad P'1l13 Mial"\' Fl J)132
r,!, D.l(<
s.._,~~",,<,
army officer in charge of the
relief operation. said an initial
inspection of the track found
no sign of sabotage. He said
excessive speed coupled with
poor maintenance might have
been to blame. The train had
been full. but not over~
crowded
Rescuers brought 58 bod.
ies to three nearby hospitals.
said Mumtaz AIL an official
from the Edhi Foundation.
Pakistan's largest privately
run emergency service,
CoL Abbas Malik, an army
doctor. said about 150 people
were injured. Many of the
passengers were heading
home for the holiday of Eid
aJ-Adha, when Muslims com-
memorate the prophet Abra-
ham's willingness to sacrifice
his son for God.
Army engineers used two
cranes and cutting equipment
to free the last survivors,
including a girl about 3 yean;
old who had a bloodied left
foot
Deadly accidents are a reg-
ular occurrence on Pakistan's
colonial-era railway network.
A speeding train struck a
crowded bus at a railway
crossing near Lahore in Octo-
ber, killing 12 people and
injuring about 50. About 130
people died in July 2005 when
three trains collided in south-
ern Pakistan.
Associated Press writers
Mattllew Pennington in Me/tr-
abpur and Zarar Khan in
Islamabad contributed to this
report.
Pakistan, lay scattered about a Mohammed Yusuf. sat on a
waterlogged field, with cries pink blanket next to a pile of
from the trapped and injured shoes and clothes, wailing in
ringing out grief at the death of his youn-
At least 58 people died and geT brother.
150 more were injured when YUM. 26, said his brother
about 12 of the 16 cars came SUrvlved the impact and was
off the rails near Mehrabpur, crying out in pain, but was
about 250 miles north of unable to free his trapped leg
Karachi from the wreckage.
"The train was gains at full "It's unbearable. Don't say
speed. Then there was a sud- that he is dead:' he pleaded,
den jerk and we felt the train as other relatives tried to con-
sinking into the earth. There sole him.
was chaos everywhere," said He said his wife, two chil-
the 25-year-old Khan. sitting dren and another brother
next to bundles of luggage he were injured and taken to a
had salvaged from a car lying hospital. their conditions
on its side. He had been trav~ unknowu
eling with six relatives. It was unclear what caused
Another pas!!enger. the accident, which left hun-
dreds of terrified passengers
trying to claw their way out of
the wreckage in total dark-
ness.
Mohammed Khalid, a rail-
~ _ _. .. ~ ~:~;~~~?i~~~
~ ' ,. suspected a problem with the
~. . I ' ~~ ~~y goes!! is that there was
t some piece of rail missing and
_ _ . the engine jumped the miss~
~ 3-Cou.rse Diaaers . ;ng mock ond 'be following
~ Jl1clu~lJ9: ~
~ FrHh Go"... ilIlId ~
~ V...,...... of OM ohIN Iollowlot, ~
~ :~CW:~ICkenCo* :~FJ~ n.u ~
~ '1I2""""_I""'~) ....,_."'....Com>ol""'tt) ~
~ _-.~iceofourfreoh'.WKtyll""'Pi. ~
~ AI D..... """ '"'" frtnch FrIH, Colt 5law ~
~ .... GorllG Broad If....p HOT ""..... ~
~ www.sbOl'tys.c_ ~
~ 22S51lW87lI1,.. 11lS7SBirll- I 92OOS,_.... ~~
.. 305-471-55~ 305-227-3196 3OS-670-m2
...-
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~ I MH999 I ~
~ . MUST PIJICHA&E &EVERAGE, l\'MJ"t ~ ooupon. not to ~
L.~~~,~::~;'~~~':'~~~~'"
WORLD BRIEFS
SOUTH KOREA
Ex-CEO bulldozes way
to presidential victory
+
From Miami Herald Wire SerVices
SEOUL - Former Hyundai CEO Lee Myung..ook, known as
"The Bulldozer" for his determination to get things done,
rolled over all opposition and lingering finan~
C cialfr",dallegotiom to win South Korea',
presidency,.ending a decade of liberal rule.
Lee, who turned 66 on Election Day and
_'...... ... has also served as the mayor of Seoul, earned
~. a landslide victory Wednesday on a wave of
X ~" discontent for incumbent President Roh
__"' Moo-hyun, whom many believe bungled the
economy and dragged down the Asian
liE nation's rapid growth.
The move into South Korea's presidential
Bhre House by Lee's conservative Grand National Party was
expected to herald closer ties with the United States and a
more critical view of relations with communist North Korea,
which has been lavished with aid by Roh's administration.
The National Election Commission said Lee had won 48.7
percent of the vote with 99.9 pereent of ballots counted Lib-
eral Chung Dong-young was a distant second with 26.2 per-
cent. The margin of victory for Lee was by far the largest in
any South Korean presidential election.
. PAKISTAN
WATCHDOG: MUSHARRAF CAN'T HOLD FAIR VOTE
ISLAMABAD - A leading human rights group warned
Wednesday that holding free and fair parliamentary elections
in Pakistan will be 4ropo!lSible" because President Pervez
Musharrafhas tilted the political playing field so far in his
favor.
Musharraf purged the Supreme Court of independent-
minded judges, arrested hundreds of opposition figures and
reined in the independent media duringa Sil~week state of
emergency that ended Saturday. Before ending emergency
rule. he unilaterally changed the constitution to entrench deci-
sions he made during the crackdown
"A genuine election campaign is impossible when the
media remains muzzled, leaders of civil society remain under
arrest, and the legitimate judiciary of the country bas been
deposed and replaced by handpicked supporters ofthe gov~
enunent:' said Au Dayan Hasan. South Asia researcher at
New York~based Human Rights Watch.
. FRANCE
NATION OPEN TO HOST AGE DEAL WITH FARe REBELS
PARIS - France is willing to admit imprisoned Colombian
guerrillas as part of a deal to!leCUre the release of hostages
held in the South Americanoountry. the Frencb prime minis--
ter said Wednesday,
Francois Filion said the guerrillas. currently locked up in
Colombia. could be freed in France as part of a swap witb the
Revolutionary Armed Forces of Colombia, or FARe. In
etthange, the rebel group would release 46 high-profile hoS'-
tages, including fonner presidential candidate Ingrid Betan~
court, a dual French~Colombian citizen..
FiDcm spoke a day after the rebels announced an offer to
hand over three of the hostages to Venezuelan President Hugo
Chavez. It said the offer included Betancourt aide Clara Rojas,
Rojas' son Emmanuel. and Consuela Gonzalez, a former con-
gresswoman kidnapped in 200L
Relatives of Betancourt greeted the news enthusiastically.
.
MIAMI CAlLY 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 flk/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
NOTICE OF PROPOSED ORDINANCE - JANUARY 8, 2008
in the XXXX Court,
was published in said newspaper in the issues of
11/09/2007
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 securing thi dvertise r publication in the said
newspaper.
Sworn to and subscribed before me this
~-,.
2007
~
(SEAL)
O.V. FERBEYRE personally known to me
.' MARIA I. MESA
_NOTARY PUBLIC' STATE OF FLORIDA
- " Commission #DD293855
Expires: MARCH 04, 2008
CITY. 'Rf.jV.N'tURA
:"'''';'~',,;,
;,,,,,,,,'" ;;
PUBUO N01'~""OP08EDORDIIMNCE
""..,",-"t ,., ,.-'
NOTICE IS HEREBY GiVEN-th'at on Tue$d8y;theBth day of January,
2008, at a meeting ofthe~miSSiOn of the City of."ventura to be
held at 6:00p.m. In NtJ~' Chamber of. the..Aventura
Govemment Center, 19200'~Club l>tive, Aventura, Florida,
the City Commisslon'ft'~r, '!K' ~~ of. the roRowing.
OrdinanCedri6eCOt1dt~,fVltltledt .'. '. -,' , " .' .
, ," . ... , ;;Z:1aejl., L,
AN ORDlNAMeE OP'. ''FMI,~ C()IIMISSION, OF' THE CITY OF
AVENTURA, PUJiRtDAjJ.....~. ~~C~ NO. 2CJ06.'fS
WHICH'ORDINNfCE'~'''I.1A ~"""''tME 2006J2Q07
;FlSCAL'VIAff."M"...lfHE ~YEARo'PER. i
ATlNGAND CAPrrAf('__""4S ,.;,.irl"'lX~ "A"
,ATTACMED~f"""~.lZINQ,1" CtTY.,M~g Tp DO
ALL TttJIIIGS'.CISSARt lroC~RRY OUT THE AllIS QF 1:tII$
ORDltWlCEf'9ROViDlRG:~AH EFFE&m"I)~1'E.,
"::,,/>t~> ')~:', -' :':.-"\~': ~:_ ':'_,,';~,.~>";i-'i;.. ;,'_>~
,The proposedOtdinancem.,-.I~' by ~ py~iQ~tthe OftIce of
the . City:aerk;: ...9200 W_'~.' Club .privil,.,A1IIi\Otu@.. ,F\o~a.
,Interested parties1'n8t"~.- rubllc ~.an4Pe heard with
respect to \t1e propbUd~. Aqy~I!,~IO,~ the
City c~:~~~~.I}t~I&p.u!* Heaf'Intt~ do so~rthe
Mayorope~sthePub/lc'hEI~..- . '. .'<<' ........" .
In accordance with the. 'AmIIricans w1tb"~_ ic.Of :'.1990:. all..
.persons who aredi8atJlilct'~who need spec~a1 a.ccommodalionSJO
participate in this ~ beCause of that ~.~Id contact
the Office of the CityCliHi<,S05-466-8901. notlate\,"'~bU$Iness
days prior to such proce8di.': "
It a person c:teclIdes t,ij,....iIIlY decIslQn tnade~1he.QIty Coml'i'lission
with .respect to any matt&r considered at a meeting orl'learing. that
peJ'$C)ll will need a record of the !)fOCf*IInos."ct,fO\'. PUJ'P0S8. may
need to ensure that a verbatim recOrd of the pr.ooeedings.js made,which
recordinclude&the teetimOI'IY and evidence upon whlcti the appeal Is to
.be based.
1119
TeresaM. Soroka,MMC City Clerk'
07-4-47/91 n06M