CITY OF AVENTURA Aventura Government Center 19200 West Country Club Drive Aventura, FL33180 AVEN FLOR Bae Clty o CITY COMMISSION REGULAR MEETING AGENDA May 7,2024 6:00 p.m. Aventura Government Center Commission Chambers City Commission Mayor Howard S. Weinberg, Esq. Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura City Commission Regular Meeting Agenda May 7,2024 1. CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ANNOUNCEMENT OF VICE MAYOR 2. 3. 4. 5. AGENDA: Request for Deletions/Emergency Additions SPECIAL PRESENTATIONS: Legislative Update - Senator Jason Pizzo Proclamations Special Recognitions Employee Service Awards 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. Ifthe public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval oft the consent agenda. A. APPROVAL OF MINUTES: April 2, 2024 City Commission Regular Meeting April 18, 2024 City Commission Regular Workshop B. 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 FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TOTHE CITY OF AVENTURA. ARTSAND CULTURAL CENTER. ADVISORYBOARDFOR. ATWO-YEAR TERM; ANDI PROVIDING FOR D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CONTINUING PROFESSIONAL SERVICES AGREEMENT WITH VARIOUS CONSULTANTS FOR ARCHITECTURAL AND ENGINEERING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-11-01 CONTINUING PROFESSIONAL SERVICES; PROVIDING FOR. AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. AN EFFECTIVE DATE. Page 1of3 Aventura City Commission Regular Meeting Agenda May 7,2024 E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING SFM LANDSCAPE SERVICES, LLC FOR COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES FOR BISCAYNE BOULEVARD AND THE GOVERNMENT CENTERPURSUANTTOR REQUEST! FORF PROPOSALSNO.20214 INA ANAMOUNT NOT TO EXCEED $494,871.85 ANNUALLY FOR AN INITIAL TERM OF THREE YEARS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR MPLEMENTATION: PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING AC CONTRACTTO ALPHAF PLAYGROUNDS TOI PERFORM, A' "POURI INPLACE" RUBBER SAFETY RESURFACING ON THE PLAYGROUNDS AT FOUNDERS PARK AND PEACE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR IMPLEMENTATION: PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. G. ARESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SEAWATER CONSTRUCTION CORP. TO REPLACE AND ADD FENCING AT FOUNDERS PARK, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR MPLEMENTATION: PROVIDING FOR APPROPRIATION AND ALLOCATION OF H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A MATCHING FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM GRANT IN THE AMOUNT OF $877,316 TO EXPAND THE CITY'S ON-DEMAND TRANSIT SERVICE; ANDI PROVIDING FOR AN EFFECTIVE DATE. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: None. ORDINANCES - FIRST READING/PUBLIC HEARINGS: FUNDS; AND PROVIDING FOR ANI EFFECTIVE DATE. FUNDS; AND PROVIDING FOR ANI EFFECTIVE DATE. 7. 8. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 ADMINISTRATION, ARTICLE III ADVISORY BOARDS," BY REPEALING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. 9. ORDINANCES - SECOND READING/PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-22 "URINATING OR DEFECATING IN PLAIN VIEWINF PUBLIC PLACES PROHIBITED'; PROVIDING FOR CONFLICTS; PROVIDINGFOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS/PUBLIC INPUT: None. 11. REPORTS Scooters (Mayor Weinberg) Page 2 of3 Aventura City Commission Regular Meeting Agenda May 7,2024 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT FUTURE MEETINGS Meeting dates, times, and location are subject to change. Please check the City's website for the most current schedule. Meetings will be held at the City of Aventura Government Center (19200 West Country Club Drive, Aventura). COMMISSION REGULAR WORKSHOP - MAY 16, 2024A AT9AM COMMISSION REGULAR MEETING-JUNE- 4, 2024AT6PM COMMISSION REGULAR WORKSHOP -JUNE: 13, 2024AT9AM 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 or ycleraciyohvemracom, not later than two days prior to such proceedings. One or1 more: members of the City of Aventura. Advisory Boards may participate int the meeting. 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 ai 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 are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at (305) 466-8901 or yelet@ciyohvenumncom. Page 3 of3 Item 6A CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: FROM: DATE: City Commission Mnsp Ellisa L. Horvath, MMC, City Clerk May 3, 2024 SUBJECT: Approval of Minutes May 7, 2024 City Commission Meeting Agenda RECOMMENDATION It is recommended that the City Commission approve the attached minutes, as provided by the City Clerk, for the Commission meetings held as listed below. BACKGROUND following: Meetings were held and minutes have been provided for Commission approval for the April 2, 2024 City Commission Regular Meeting April 18, 2024 City Commission Regular Workshop Should you have any questions, please contact me. lelh attachments NVE E Clty ak AVENTURA CITY COMMISSION REGULAR MEETING MINUTES APRIL 2, 2024 6:00 p.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Weinberg at 6:06 p.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a quorum was determined to be present, the meeting commenced. 2. 3. 4. PLEDGE OF ALLEGIANCE: The Pledge was led by the Aventura City of AGENDA: REQUESTS FOR DELETONSEMERGENCY ADDITIONS: None. Excellence School (ACES) Girls Volleyball Team. SPECIAL PRESENTATIONS: Proclamations: El Portal Mayor Omarr C. Nickerson, Ph.D. presented Commissioner Stern with a proclamation for Colorectal Cancer Awareness Month (March 2024). A public service announcement from the Aventura City Commission regarding colorectal cancer awareness was viewed. A proclamation was presented to Aventura resident Barbara Cohen designating National Therapy Animal Day (April 30, 2024). Special Recognitions: A Certificate of Special Recognition was presented toA ACES student James Reese for placing third in the 2024 Miami Herald Spelling Bee. A Certificate of Special Recognition and medals were presented toi the (ACES) Girls Volleyball Team and Coach Monique Alfonso for achieving an undefeated season in 2023 for the first time in the school's history. Employee Service Awards: None. Charter School Update: A brief update for the Don Soffer Aventura High School (DSAHS) was provided by Principal Dr. Geoff McKee, accompanied Aventura City Commission Regular Meeting Minutes April 2, 2024 by student Saniya Dhawan, and drama student Julia Lima performed a song Other Presentations: Retired Aventura Officer David Yuzuk and author of The Giant Killer (book and documentary) provided a presentation on the life of homeless veteran and decorated hero Richard Flaherty. from the school's production of West Side Story. 5. CONSENT AGENDA: There were no requests from the public to address the City A motion to approve the items on the Consent Agenda was offered by Commissioner Bloom, seconded by Commissioner Friedland, and passed unanimously by roll call vote. Commission. The following action was taken: A. Minutes approved as follows: APPROVAL OF MINUTES: March 5, 2024 City Commission Regular Meeting March 21, 2024 City Commission Regular Workshop B. Resolution No. 2024-19 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 FOR AN EFFECTIVE DATE. C.M Motion approved as follows: AMOTIONAUTHORZING THE APPROPRIATIONOFUPTOS7,550.98FORSCANWRITER EXCEL STANDARD WORKSTATION PLUS MAINTENANCE AND $75,000.00 FOR PACKETALK DIESEL CAMERA AND ALPR TRAILER WITH 5-YEAR WARRANTY FROM THE POLICE FEDERAL FORFEITURE FUNDS IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D.F Resolution No. 2024-20 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING VARIOUS CONSULTANTS! PURSUANTTO REQUESTFORQUALIFICATIONS NO. 2023-11-01 CONTINUING PROFESSIONAL SERVICES; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. E.F Resolution No. 2024-21 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A MASTER MAINTENANCE AGREEMENT FOR WAYFINDING KIOSK DEVICES WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE INSTALLATION OF OUTDOOR DIGITAL MESSAGE BOARD KIOSKS WITHIN Page 2 of4 Aventura City Commission Regular Meeting Minutes April 2, 2024 THE CITY OF AVENTURA; PROVIDING FOR IMPLEMENTATION: AND PROVIDING FOR AN EFFECTIVE DATE. F. Motion approved as follows: A MOTION TO ACCEPT FOR FILING OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2023 AND THE LETTER DATED MARCH 21, 2024 ATTACHED HERETO AS ATTACHMENT A. ZONING HEARINGS - QUASI-JUDICIAL PUBLIC HEARINGS: None. ORDINANCE - FIRST READING/PUBLIC HEARING: Mrs. Horvath read the AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-22 URINATING OR DEFECATING IN PLAIN VIEWINPUBLIC PLACES PROHIBITED'; PROVIDING FORCONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FORA AN 6. 7. following Ordinance title: EFFECTIVE DATE. AI motioni for approval oft the Ordinance was offered by Commissioner Stern and seconded by Vice Mayor Kruss. Mr. Wasson reviewed the item. Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion for approval of the Ordinance on first reading passed unanimously by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mrs. Horvath read AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2023-17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2023/2024 FISCAL YEAR BY REVISING THE 2023/2024 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; AND PROVIDING FOR AN EFFECTIVE DATE. the following Ordinance title: A motion for approval of the Ordinance was offered by Commissioner Joel and seconded by Commissioner Bloom. Mr. Wasson reviewed the item. Page 3 of4 Aventura City Commission Regular Meeting Minutes April 2, 2024 Mayor Weinberg opened the public hearing. There being no speakers, the public hearing was closed. No comments were provided by the City Commission. The motion for approval of the Ordinance passed unanimously by roll call vote, and Ordinance No. 2024-06 was adopted. 9. follows: RESOLUTIONPUBLIC INPUT: None. 10. REPORTS: Reports were provided by members of the City Commission as Commissioner Bloom reported on the cover story of City Manager Ronald Wasson in the 11. PUBLIC COMMENTS: Comments were provided by the following members of the public: Andrew Vilenchik (unknown address) and Tatiana Roizer (18360 NE 30th Court, Miami Today newspaper. Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Bloom, seconded by Commissioner Joel, and unanimously approved; thus, adjourning the meeting at 7:14 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 7, 2024. Page 4 of4 VE EE 08 Clty a Exccle AVENTURA CITY COMMISSION REGULAR WORKSHOP MINUTES APRIL 18, 2024 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura, FL 33180 1. Call to Order/Roll Call: The meeting was called to order by Mayor Weinberg at 11:37 a.m. The following were present: Mayor Howard S. Weinberg, Vice Mayor Paul A. Kruss, Commissioner Amit Bloom, Commissioner Rachel S. Friedland, Commissioner Billy Joel', Commissioner Dr. Linda Marks, Commissioner Michael Stern, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. As a 2. Pledge of Allegiance: The Pledge was done at the Governing Board Meeting. quorum was determined to be present, the meeting commenced. Items 4 and 5 were taken out of order as follows: Item 4- Discussion: Requested Variance from Rivian (City Manager) and Item 5- Discussion: Proposed Zoning Code Amendment - New Vehicles Sales (City Manager): Mr. Wasson explained the request for a variance from Rivian Automotive, Inc. for a vehicle showroom at the Aventura Mall, similar to and neart the current one for Tesla, Keven Klopp, Community Development Director, also provided a recommendation to amend the City's zoning regulations pertaining to new vehicle sales and reviewed the Michael Marrero, Esq. - Turnberry Associates, reviewed the variance application request The City Commission discussed thei item including the location ati the mall and the parking with a positive recommendation from staff. proposed amendment. for Rivian. spaces that would be needed for the showroom test vehicles. City Manager: Summary: It was the consensus oft the City Commission to proceed with placing the variance request on the May City Commission Meeting Agenda. Additionally, it was the consensus of the City Commission to proceed with placing the proposed Code amendment for first reading on the June City Commission Meeting Agenda or at a later date. 3. Presentation: Charter Schools USA (City Manager): Mr. Wasson discussed the two current separate management agreements with Charter Schools USA for 1.) the Participated via virtual communications media technology. Aventura City Commission Regular Workshop Minutes April 18, 2024 Aventura City of Excellence School (ACES) and 2.)the Don Soffer Aventura High School (DSAHS). He suggested that the agreements be unified into one management agreement with Charter Schools USAI to encompass both schools for a cohesive K-12 school system. The City Commission discussed the item including the thought to have a full-time superintendent or similar position once the City established three schools (K-5, middle school, and high school), having one management agreement modeled similar to the current one with the high school, and for the Governing Board and City Manager to have input on the selection of the Principals at the schools as part of the new combined Jon Hage (CEO - CSUSA), accompanied by Rachel Windler-Freitag (Area 2 Florida Deputy Director - CSUSA), reviewed a presentation titled City of Aventura Commission Workshop dated April 18, 2024 highlighting the following: National Trends in Education, School Choice Market in Florida, CSUSA's Highlights, National College/University Admissions Trends, 2023 Don Soffer College Admission Data, DSAHS Data, Don Soffer Academic Highlights, Don Soffer SAT 2023 Data, ACES Data, ACES Math Historical Data Alignment to High School Model, ACES Middle School Acceleration, Future Expansion and Development, Option A, Option B, Preliminary Site Plan - Alt A (Red Apple Scott Woodrey (President - Red Apple Development), distributed and reviewed a program analysis including preliminary site plans and elevations for the options. Mr. Hage and Mr. Woodrey recommended Option C, which included building a new K-5 The City Commission discussed the item including finalizing the agreement for the three acres at Gulfstream before any decisions are made, having all schools at one campus versus different locations, tour of other CSUSA schools, future plans of Gulfstream, K-5 at the current location with renovations or a new building, renovating the recreation center, selling a portion of the ACES property, potential State money available, flipping agreement. Development, LLC), Option C, Ariel View of ACES, and Summary. school and not renovating the current one. ACES and the recreation center, and a preliminary budget. City Manager Summary: It was the consensus oft the City Commission to proceed with one management agreement with Charter Schools USA for both schools. Additionally, it was the consensus for Charter Schools USA to come back with a needs assessment and demand data. 4. 5. 6. Discussion: Requested Variance from Rivian (City Manager): This item was Discussion: Proposed Zoning Code Amendment - New Vehicles Sales (City Discussion: Red Speed School Zone Cameras (City Manager): Mr. Wasson reported on the plans to piggyback on the contract that Miami-Dade County signed with RedSpeed for the installation of school zone cameras for speed detection and ticketing taken out of order earlier in the meeting. Manager): This item was taken out of order earlier in the meeting. within school zones. Page 2of4 Aventura City Commission Regular Workshop Minutes - April 18, 2024 Mr. Meyers disclosed that the Weiss Serota law firm represents RedSpeed. City Manager Summary: This item was provided for informational purposes. 7. Discussion: Billboard Approval 203 Total Wine Parking Lot (City Manager): Mr. Wasson explained the request from Clear Channel to move a billboard (located at Biscayne Blvd. and N.E. 203 Street) to the other side oft the street, due toi its removal after the expansion of the Brightline tracks, which also resulted in the loss of revenue to the The City Commission discussed the item including the assurance of a good termination clause in the contract, looking for other strategic locations for possible additional billboards, and using the billboards to promote the City as allowed by the current Evan Ross, Communications Director, provided input on the City items that were posted on the billboards. Mr. Meyers will provide guidance on items placed on the billboard. City. contracts. City Manager Summary: It was the consensus of the City Commission to allow Discussion: Sister City with Modi'in (Mayor Weinberg): Mayor Weinberg reported that a City Commission Special Meeting would tentatively be scheduled for May 24, 2024 at 10:00 a.m. for the resolution approving the sister city agreement with Modi'in, including a signing ceremony, and dedication of the ambulance to be donated by the City. Mr. Meyers, Mr. Wasson, and Mr. Ross reported on the items that they were working on the billboard to be moved to the other side of the street. 8. for the ceremony. City Manager Summary: This item was provided for informational purposes. The following additional items were discussed: Mr. Meyers provided an update on the upcoming April 22, 2024 hearing for injunctive relief for the litigation regarding Form 6 for members of the City Commission. Mr. Meyers reported on the upcoming MDCLC Webinar to be held on May 14, 2024. Mayor Weinberg reported on complaints received regarding the use of E-bikes and scooters on sidewalks causing accidents and the need for enforcement to address that. Mr. Meyers discussed the legal issues regarding jurisdiction, the response from Key Biscayne due to a fatality, the County passing an ordinance allowing cities to enter into an interlocal agreement to enable them to pass something for a County road, and the Michael Bentolila, Police Chief, discussed the enforcement blitzes that were being ability for the City to enforce the Soffer Trail since it is a City road. conducted and the resulting citations, arrests, and confiscated scooters. Page 3 of4 Aventura City Commission Regular Workshop Minutes April 18, 2024 The City Commission discussed the item and the need for an educational process Chief Bentolila reported on the police presence at 185th Street in response to complaints about speeders. He will also address the report of the reduction of turning lanes at 199th Mr. Wasson will look into including a battle of local bands as part of the concert series. The following member of the public provided comments: Debbie Lazar (Aventura). including signs, flyers, and a video on social media. Street going south on Biscayne Boulevard. 9. Adjournment: There being no further business to come before the City Commission, the meeting was adjourned by consensus at 1:53 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 7, 2024. Page 4 of4 Item 6B CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: City Commission Ronald J. Wasson, City Manager May 3, 2024 SUBJECT: Resolution Declaring Property as Surplus May 7, 2024 City Commission Meeting Agenda RECOMMENDATION Itis recommended that the City Commission adopt the attached Resolution declaring certain property as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, sO long as the property has been declared surplus by a resolution of the City Commission. Ify you have any questions, please feel free to contact me. RJW/act Attachment CCO4015-24 CITY OF AVENTURA RESOLUTION NO. 2024- 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 FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval needs of the City; and of a resolution by the City Commission. CITY OF AVENTURA, FLORIDA, THAT: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Section 1. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency hereby approved for disposal. or, ifof no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to Section5. This Resolution shall become effective immediately upon its carry out the aims of this Resolution. adoption. The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner who moved its and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg - - = City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 7th day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of2 Exhibit' "A" CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM CF TO: FROM: DATE: Ronald J. Wasson, City Manager Carlos Fernandez, Information Technology Director April 25, 2024 SUBJECT: Surplus Computer Equipment lam requesting that the computer-related equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City. Many of the applications the City uses have minimum hardware, operating system, and/or software requirements that computing equipment must meet or exceed. If existing equipment cannot satisfy those requirements, the equipment is no longer suitable for City use. In addition, equipment that cannot be repaired and/or is no longer supported by the vendor should be surplused. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Brand Fujitsu Dell Dell APC Dell Dell HP HP Dell Dell Dell Verizon Sanus Dell Dell Dell Dell Dell Dell Dell Dell Dell HP Motorola Dell HP Motorola US Robotics ACOM Solutions nla Dell HP Barracuda Toshiba Dell Dell Dell Dell EOL Netopia EOL Avaya ScanSnap ScanSnap Toshiba Dell Dell ScanSnap Dell Dell Dell Model Fi-6130 E2715Hf Latitude 5400 Pro 700 Ready Rails P2011Ht Officjet Pro 6230 officjet Pro 8210 2209WAf E170Sb 2009Wt n/a nla 207FPb 2009Wt 2007FPb 1908WFPf PowerEdge R620 PowerEdge R620 PowerEdge R630 PowerEdge R620 nla 1530 F2840A Oltrium 502A nla 5615 2349 nla PowerConnect 2124 OfficeJet 250 330 A665 OptiPlex 2010 P1916 P1916 P1916 nla 3346N nla one-X iX1500 iX1501 nla E170SB E170SB iX500 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 Qty 1 1 1 5 1 1 1 1 1 1 1 1 15 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Serial Number 126789 CN-OHCVNY-72872 C4Z1L13 n/a nla CN-0YR64P-74445-18B-AVWL TH6BS610Q6 CN18AJTOG9 n/a CN-0JCI73-74261-2/L-OVAU CN-0G433H-74445-986-AK5L MX-0C9536-46634-66K-29DS CN-0G433H-74445-986-AK6L MX-0G324H-74262-8BP-3EWL 1 CN-0G435H-72872872-872-0T45-A00 Type Scanner Monitor Laptop UPS Rails Monitor Printer Printer Monitor Monitor Monitor LTE Internet and Home phone Sound bar bracket Monitor Monitor Monitor Monitor Server Server Server Server Desktop Monitor Gateway unit PowerVault Toner Gateway unit Modem Toner Misc. Box of Cables Switch Printer Link Balancer Laptop Desktop Monitor Monitor Monitor Monitor Modem Monitor Button Module Scanner Scanner Laptop Monitor Monitor Scanner Desktop Desktop Desktop n/a 55TX9Y1 565X9Y1 GP6WD42 565X9Y1 USU44700WW nla 524SFG0315 110T5369X31 Q6473A 164316557568 n/a nla n/a 924NC21 2824128321 BAR-WB-688652 YA310385K FZ6X6Y1 CN-ODTOPH-85261-36D-54HU CN-ODTOPH-74261-36D-4HMU CN-ODTOPH-74261-36D-554U A12L033586 nla L11L055512 SBM24 C08H125114 AOVB101310 39445717Q ACTS-42612/K-1I2U NCT3-742612/RQUE A13BC16564 CMX5PY2 CD3QQ53 HFGYNY2 Page 1of4 4/25/2024 City of Aventura Computer Equipment Inventory Brand Dell Dell Dell Dell HP IBM IBM IBM IBM Dell ioSafe Datrium Overland Storage Dell Model Optiplex 7060 Optiplex 7040 Optiplex 7060 Optiplex 7050 OfficeJet Pro 6230 8202- -e4d 9406-520 Power S914 46C2792 1708FPb 1515+ 0016B AW178A Latitude 6430U Qty 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Serial Number CN3YNY2 5NKLRD2 CMTZNY2 3YRTJK2 TH77E6ROGG 10AAOCT 10-D227F 781C580 YN1F9589JLS9 CN-OFP816-46633-760-SFWL 0172001362 SHF1028153G0070 MXA930S02F 1T2C4X1 Type Desktop Desktop Desktop Desktop Printer Server Server Server Tape Drive Monitor Storage Unit Storage Unit Tape Drive Carousel Laptop n/a n/a Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell nla nla OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 81 24 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 n/a n/a D6Y4KQ2 BT9PKB2 DR9BFX2 D6X9KQ2 D7FBKQ2 BTCJKB2 D6X5KQ2 DR35FX2 DR67FX2 D748KQ2 D6T9KQ2 D7C6KQ2 D6Z3KQ2 D7G4KQ2 D716KQ2 D7F6KQ2 D7K3KQ2 D7C9KQ2 D6W6KQ2 D6T4KQ2 D726KQ2 D7F3KQ2 D793KQ2 D796KQ2 D707KQ2 D7G8KQ2 D737KQ2 D79BKQ2 D777KQ2 D774KQ2 D734KQ2 D7H8KQ2 Classroom Clock Ceiling Speakers Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Page 2of4 4/25/2024 City of Aventura Computer Equipment Inventory Brand Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Model OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OptiPlex 7060 OPTIPLEX 7040 OPTIPLEX 7040 OPTIPLEX 7040 OPTIPLEX7040 OPTIPLEX7040 OPTIPLEX7040 OPTIPLEX7040 OPTIPLEX: 7040 OPTIPLEX7040 OPTIPLEX 7040 OPTIPLEX 7040 OPTIPLEX 7040 OPTIPLEX7 7040 OPTIPLEX7040 OPTIPLEX7040 OPTIPLEX7040 OPTIPLEX 7040 OPTIPLEX7040 OPTIPLEX 7040 OPTIPLEX 7040 OPTIPLEX 7041 OPTIPLEX 7042 OPTIPLEX7 7043 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Qty 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Serial Number D6ZCKQ2 D7H5KQ2 D7J3KQ2 D7C8KQ2 D788KQ2 D74CKQ2 D77CKQ2 D6Z7KQ2 D70CKQ2 D6Y8KQ2 D7BCKQ2 178MGK2 17NLGK2 17HNGK2 179RGK2 179PGK2 17CRGK2 17JRGK2 178RGK2 177MGK2 17DSGK2 176SGK2 17HRGK2 17FSGK2 17MLGK2 17BPGK2 17DPGK2 17HMGK2 17LSGK2 17KQGK2 178SGK2 17NNGK2 179MGK2 17GQGK2 DW4P1X2 BKB2573 JTN6163 G7XK1X2 6WZ5163 5K51573 GHY0573 4K3CZW2 8BPM1X2 6TGJ1X2 4FGL1X2 FR2L1X2 5KTL1X2 3NCK1X2 HX1GZW2 9BHX1X2 7JKW1X2 Type Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Desktop Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Page 3of4 4/25/2024 City of Aventura Computer Equipment Inventory Brand Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Dell Recordex Recordex Recordex Recordex Recordex Recordex Recordex Dell Dell Dell SHARP SHARP SHARP SHARP SHARP SHARP SHARP SHARP SHARP SHARP Model Qty Serial Number JXML1X2 5WNX1X2 GOBX1X2 64WX1X2 1XX22X2 26X1573 FCS0573 DSPQZ53 JPY0573 G8K1573 JRCH1X2 36WX1X2 5XCW1X2 9S2L1X2 DS2L1X2 613L1X2 37BK1X2 JWNX1X2 FL302X2 2C9Z1X2 FMJK1X2 5K4X1X2 6VQZ1X2 G13V1X2 fOjtcq2 h34ny32 SC560012139 SC56009372 SC560012143 SC130028354 SC560012141 SC80011287 SC56009778 G545W52 H1KGGX1 2X036871 N/A 2X036881 OM001307 2X036931 N/A N/A N/A N/A N/A Type Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Chromebook Laptop Laptop Document Camera Document Camera Document Camera Document Camera Document Camera Document Camera Document Camera Monitors Desktop Desktop 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD 70" CLASS AQUOS BOARD Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Chromebook 3100 2-in-1 1 Latitude 3490 Latitude 3450 SIMPLICITYCAM SIMPLICITYCAM SIMPLICITYCAMI SIMPLICITYCAM SIMPLICITYCAMI SIMPLICITYCAM SIMPLICITYCAMI Monitors Optiplex 9020 Optiplex 7010 PN-CE701H PN-L703B PN-CE701H PN-CE701H PN-CE701H PN-L703B PN-L703B PN-L703B PN-L703B PN-L703B 1 1 1 1 1 1 1 1 1 44 1 1 1 1 1 1 1 1 1 1 1 1 Page 4 of4 4/25/2024 Item 6C CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: City Commission Ronald J. Wasson, City Manager F May3, 2024 SUBJECT: Aventura Arts & Cultural Center Advisory Board Appointments May 7, 2024 City Commission Meeting Agenda Based on the direction of the City Commission at the March Commission Workshop, the attached Resolution appoints the following members to the Aventura Arts & Cultural Center Advisory Board for a two-year term: Joyce R. Forchion Becky Franco-Freifeld Lisa Horwitz Merridy Robinson Kotler Judy Scott Lotwin Rita Regev Edna Schenkel Judith Weinberg Ify you have any questions, please do not hesitate to contact me. RJW/act Attachment CCO4014-24 CITY OF AVENTURA RESOLUTION NO. 2024- A - RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-191 of the Aventura City Code provides for the creation of 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 the Arts and Cultural Center Advisory Board; and of members to the Arts and Cultural Center Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Arts and Cultural Center Advisory CITY OF AVENTURA, FLORIDA, THAT: Board for a term of two years, from May 2024 through May 2026: Joyce R. Forchion Becky Franco-Freifeld Lisa Horwitz Merridy Robinson Kotler Judy Scott Lotwin Rita Regev Edna Schenkel Judith Weinberg Section2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner who moved and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 7th day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of2 Item 6D CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: FROM: BY: DATE: City Commission Ku Ronald J. Wasson, City Manager Jake Ozyman, PE, Public Works & Transportation Director 9 May 3, 2024 SUBJECT: Recommendation to Execute Agreements for RFQ No. 2023-11-01 Continuing Professional Services May 7, 2024 City Commission Meeting Agenda RECOMMENDATION Itis recommended that the City Commission authorize the City Manager to execute professional service agreements with the top two (2) highest ranked firms in eight (8) categories for continuing professional services. BACKGROUND On April 2, 2024, the City Commission passed and adopted Resolution #2024-20, authorizing the City Manager to negotiate agreements. Pursuant to Florida Statute $287.055, the Consultants' Competitive Negotiation Act ("CCNA"), the staff negotiated attached agreements with each firm and determined the hourly fees fair and reasonable. JO/gf Attachments JO24008 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE CONTINUING PROFESSIONAL SERVICES AGREEMENT WITH VARIOUS CONSULTANTS FOR ARCHITECTURAL AND ENGINEERING SERVICES PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2023-11-01 CONTINUING PROFESSIONAL SERVICES; PROVIDING FOR AUTHORIZATION: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura (the "City") issued a Request for Qualifications No. 2023-11-01 for Continuing Professional Services (the "RFQ") relating to architecture and engineering services ("Services"); and WHEREAS, the RFQ sought qualifications for the Services in eight different WHEREAS, twenty-three firms submitted their qualifications by the RFQ deadline; WHEREAS, on March 12, 2024, an Evaluation Committee appointed by the City Manager short-listed firms and ranked the top two consultants in each oft the eight different categories; and and categories (collectively, the Consultants"); and WHEREAS, on April 2, 2024, the City Commission approved Resolution No. 2024- 20, selecting the Consultants to provide the Services and authorizing the City Manager to negotiate agreements with each of the Consultants; and WHEREAS, the City Manager has negotiated the continuing professional services agreement in substantially thet form attached hereto as Exhibit' "A" (the Agreement') with each of the Consultants to provide the Services in accordance with the Fee Schedules attached here to as Exhibit "B"; and WHEREAS, the City Commission desires to approve the Agreement with Consultants to provide the Services and authorize the City Manager to execute the Agreement with the Consultants; and and welfare of the residents of the City. CITY OF AVENTURA, FLORIDA: confirmed, and incorporated herein. WHEREAS, the City Commission finds that this Resolution is in the best interest NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Section 1. That each of the above-stated recitals are hereby adopted, Section 2. That the City Commission approves the Agreement in substantially City of Aventura Resolution No. 2024- the form attached hereto as Exhibit" "A"and the Fee Schedules attached hereto as Exhibit "B." Section3 3. That the City Commission hereby authorizes the City Manager to execute agreements with the Consultants for the Services, in substantially the form attached hereto as Exhibit' "A"and in accordance with the Fee Schedules attached hereto as Exhibit "B," subject to approval of the City Attorney as to form, content, and legal sufficiency. adoption. Section 4. This Resolution shall become effective immediately upon its The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner who moved its and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of2 Exhibit' "A" AGREEMENT BETWEEN THE CITY OF AVENTURA AND THIS AGREEMENT (this "Agreement") is made effective as of the_ day of 2024 (the "Effective Date-"), by and between the CITY OF AVENTURA, FLORIDA, a Florida municipal corporation, (the "City"), and al Florida corporation (hereinafter, the "Consultant"). WHEREAS, the City desires certain Continuing Professional Services; and WHEREAS, the Consultant will perform Continuing Professional Services on behalfof WHEREAS, the Consultant and City, through mutual negotiation, have agreed upon a WHEREAS, the City desires to engage the Consultant to perform the Services and NOW, THEREFORE, in consideration of the mutual covenants and conditions the City (the"Services"); and fee for the Services; and provide the deliverables as specified below. contained herein, the Consultant and the City agree as follows: 1. ScopeofServices- 1.1. The Consultant shall furnish the Services defined by the City's Request for Qualifications No. 2023-11-01 for Continuing Professional Services dated November 13, 2023 attached hereto as Exhibit "A", Consultant's Qualification Proposal dated attached hereto as Exhibit "B", Consultant's Fee Schedule attached hereto as Exhibit 1.2. The Consultant shall furnish the Services and provide deliverables for various project aspects for the City, as requested by the City and detailedina" "Statement ofWork" which the City will provide the Consultant when engaging the Consultant to work on a specific 1.3. Prior to commencement of work on a specific Project, the Consultant will provide the City with al lump sum or an hourly not to exceed costs set forth in the Work Authorization calculated using the rates set forth on the Fee Schedule attached hereto. 1.4. Ift the City approves the lump sum or hourly not to exceed cost for the Project, the City will provide the Consultant with a Notice to. Proceed toj perform the Services set forth in the Statement of Work. Consultant acknowledges that it shall not undertake to perform any Services on any Project until it has received from the City the Notice to Proceed on "C", and arei incorporated herein by reference. Project. such Project. Page 1of11 1.5. Consultant shall furnish all reports, documents, andi information obtained pursuant tot this Agreement, and recommendations during the term of this Agreement (hereinafter 1.6. The Consultant shall abide by the terms and requirements ofthel RFQ, as though fully set Deliverables") to the City. forth herein. 2. lerm/Commencement Date. 2.1. The term of this Agreement shall be from the Effective Date through 3 year thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the City Manager may renew this Agreement for 2 additional 1-year periods on the same terms 2.2. Consultant agrees that time is ofthe essence and Consultant shall complete the Services within terms of this Agreement, unless extended by the City Manager. as set forth herein upon written notice to the Consultant. 3. Compensationand Payment. 3.1. Compensation for Services provided by Consultant shall be in accordance with the approved cost set forth in the Statement ofWork or thel Noticet to Proceed for such Project, which shall be based on the Fee Schedule attached hereto as Exhibit"C". 3.2. During each Project, Consultant shall deliver an invoice to City no more often than once per month detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant's S invoice, which shall be based upon the percent complete if lump sum or on a time and materials basis if, depending on the Fee type for each task invoiced. The City shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and 3.1. There will not be any fees charged to City by Consultant for travel, per diem, or subsistence expenses, or travel time, unless specifically authorized in writing in advance 3.2. All required copies of documents will be furnished to City at no additional cost. 3.3. Consultant'si invoices must contain the following information for prompt payment: acceptance of the Services by the City Manager. by City. a. b. C. d. e. f. Name and address of the Consultant; Purchase Order number; Contract number; Date ofinvoice; will be rejected); Name and type of Services; Invoice number (Invoice numbers cannot be repeated. Repeated invoice numbers Page 2of11 g. Timeframe covered by thei invoice; and h. Total value ofinvoice. Failure to include the above information will result in the delay of payment or rejection oftheinvoice. 4. Sub-Consultants- 4.1. The Consultant shall be responsible for all payments to any sub-Consultants and shall 4.2. Consultant may only utilize the services of a particular sub-Consultant with the prior written approval of the City Manager, which approval may be granted or withheld in maintain responsibility for all work related to the Services. the City Manager's sole and absolute discretion. 5. GivResponsibilis 5.1. City shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the City, and provide criteria requested by Consultant to assist Consultant in performing the 5.2. Upon Consultant's request, City shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. Services. 6. Consultant's Responsibilities: Representations sand Warranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a Consultant under similar circumstances. If at any time during the term ofthis Agreement or within two (2)years from the completion of this Agreement, it is determined that the Consultant's Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to City requests, the Consultant shall at Consultant's sole expense, 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws appiczabetoamdneessay toj perform the Services for City as ani independent Consultant ofthe City. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreementi is binding on Consultant and immediately correct its Deliverables or Services. first- class manner. Page 3of11 enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance isi required. 7. ConflictofInterest 7.1. Toavoid any conflict ofinterest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the City. 8. Termination. 8.1. The City Manager, without cause, may terminate this Agreement upon five (5)calendar days' written notice to the Consultant, ori immediately with cause. 8.2. Upon receipt of the City's written notice oft termination, Consultant shall immediately stop work on the project unless directed otherwise by the City Manager. 8.3. Int the event oftermination by the City, the Consultant shall bej paid fora all work accepted by the City Manager up to the date oftermination, provided that the Consultant has first 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the City, in al hard copy and electronic format within fourteen (14) days from the date of the written notice of 8.5. The Consultant shall have the right to terminate this Agreement for cause upon seven (7) calendar days' written notice to the City, and Consultant shall be paid all sums due complied with the provisions of Paragraph 8.4. termination or the date of expiration of this Agreement. under this Agreement up to the date of termination. 9. Insurance. 9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall bej primary insurance with respect tot the City, its officials, employees, agents, and volunteers naming the City as additional insured. Anyi insurance maintained by the City shall be in excess of the Consultant's insurance and shall not contribute to the Consultant's insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it a. Commercial General Liability coverage with limits ofli liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property deems necessary or prudent. Page 4of11 Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect toj property under the care, custody and control of Consultant. The General Aggregate Liability limit and thel Products/Completed" Operations Liability Aggregate limit b. Workers Compensation and Employer's Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer's Liability with minimum limits of $1,000,000.00 each accident. No employee, sub-consultant or agent of the Consultant shall be allowed toj provide Services pursuant toi this Agreement who Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and d. Professional Liability Insurance in an amount of not less than One Million shall bei in the amount of $2,000,000 each. isi not covered by Worker's Compensationinsurance. Non-Owned Vehicles. Dollars $1,000,000.00) per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured (except with respect to Professional Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution oft this Agreement by City and prior to commencing Services. Each certificate shall include: no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration ofs said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with aj provision that not less than thirty (30) calendar days' written notice shall bej provided toi the City before any policy or coverage isc cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the 9.3., Additional Insured. Except with respect to Professional Liability Insurance and Worker's Compensation Insurance, the City is to be specifically included as an Additional Insured for the liability of the City resulting from Services performed by or City. Page 5of11 on behalf of the Consultant in performance of this Agreement. The Consultant's insurance, including that applicable to the City as an Additional Insured, shall apply on aj primary basis and any otherinsurance maintained by the City shall bei in excess ofa and shall not contribute to the Consultant's insurance. The Consultant's insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to 9.4., Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Consultant shall be responsible for the payment ofany deductible or self-insured retentions in the event of any claim. 9.5. The provisions oft this section shall survive termination of this Agreement. 10., Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding each. nondiscrimination. 11. Attorney's) Feesand Waiver ofJuryTrial. 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled toi recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILYANDINTENTENTIONALLYWAIVESITSITSRIGHTTOTRIALBY JURY. 12. Indemnification. 12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and employees, from and against demands, claims, losses, suits, liabilities, causes ofaction, judgment or damages, to the extent caused by the negligence or intentional wrongful conduct of the Consultant and persons employed or utilized by the Consultant in the performance of this Agreement. Consultant shall reimburse the City for its expenses including reasonable attorneys' fees and costs incurred arising from Consultant's negligent act or performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The City is subject to section 768.28, Florida Statutes, as may be amended from time toi time. Page 6of11 12.3. Thej provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives- Any notices required by this Agreement shall be in writing and shall be deemed tol have been properly giveniftransmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this proper: notice. Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Fntir.Aerememtlalifzatim/Amemdmeu: 15.1. This writing consisting of this Agreement and the supplement supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forthl herein. 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownershipand, Access to Records and Audits. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Consultant during the term ofthis Agreement ("Work Product") belong to the City. Consultant shall promptly disclose such Work Product to the City andj perform all actions reasonably requested by the City (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees tol keep and maintain public records in Consultantspossession or control in connection with Consultant's sj performance under this Agreement. The City Manager or her designee shall, during the term of this Agreement and for a period of three (3)years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion ofthe Agreement until the records are transferred Page 7of11 tot the City. 16.3. Upon request from the City's custodian of public records, Consultant shall provide the City with a copy ofther requested records or allow thei records tol beinspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. 16.4. Unless otherwise provided by law, any and all records, including but not limited toreports, surveys, and other data and documents provided or createdi in connection with this Agreement are and shall remain the property of the City. 16.5. Upon completion oft this Agreement torin the event oft termination by either party, any and all public records relating to the Agreementi in the possession ofthe Consultant shall be delivered by the Consultant to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Consultant shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination oft this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Any compensation due to Consultant shall be withheld until all records are Consultant'sf failure or refusal to comply with the provisions of this section shall Notice Pursuant to Section 119.0701(2)a). Florida Statutes. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTYT TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, 16.6. 16.7. 16.8. received as provided herein. result in the immediate termination of this Agreement by the City. CONTACTTHE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Mailing address: Telephone number: Email: Ellisa L. Horvath, MMC 19200 West Country Club Drive Aventura, FL33180 305-466-8901 horvath/@cityofaventura.com 17-Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the City Manager. The City is relying upon the apparent qualifications and expertise of the Consultant, and such firm's familiarity with the City's 18. Severability. Ifany term or provision oft this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each area, circumstances and desires. Page 8of11 remaining term and provision of this Agreement shall be valid and be enforceable to the 19., Independent Contractor. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create aj partnership, association or any other kind ofjoint undertaking, enterprise or venture between thej parties. 20. Compliancewithlans The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, andi inj particular shall obtain all required permits from all jurisdictional agencies 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future 22. Survivalof] Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed 23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and thati it has not] paid or agreed toj pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24., Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits 27., E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all Consultants doing business with the City to: register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract: registers with and uses the E-Verify system. fullest extent permitted by law. toy perform the Services under this Agreement at its own expense. violation, breach or wrongful conduct. and shall be fully enforceable by either party. by reference, including execution of any required affidavit. instrument. or attachments hereto, the terms of this Agreement shall control. Page 9of11 The contracting entity must provide ofi its proof of enrollment in E-Verify. Fori instructions on how to provide proof of the contracting entity's paticpation'enroliment in E-Verify, participationenrollment-in-e-verify. By entering into this Agreement, the Consultant acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E- Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from sub-consultants; and has executed the required please visit: ttps./www.everly.gov/ragnow-do--provide-prool-ol-my- affidavit attached hereto and incorporated herein. [Remainder of page intentionally left blank. Signature pages follow.] Page 10of11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. CITYOF AVENTURA By: RonaldJ. Wasson City Manager Attest: By: Ellisa L. Horvath, MMC City Clerk Approved as to legal form: By: City Attorney CONSULTANT By: Printed Name: Title: Date: Page 11 of11 Exhibit' "B" Fee Schedule Consultant: CES Consultants, Inc. Role Rate $ 72.50 $ 220.00 $ 205.00 $ 205.00 $ 166.00 $ 100.00 $ 275.00 $ 118.00 $ 209.00 $ 240.00 $ 255.00 $ 260.00 $ 235.00 $ 107.00 $ 225.00 $ 300.00 AdminSecretay/Clencal Construction Manager Contract Manager Cost Estimator/Scheduler Engineer Inspector Principal Project Engineer Project Manager Senior Construction Manager Senior Contract Manager Senior Cost Estimator/Scheduler Senior Engineer Senior Inspector Senior Project Manager Technical Expert (PMIS, Construction/Project Management) Fee Schedule Consultant: Chen Moore and Associates, Inc. Role Rate $ 95.00 $ 130.00 $ 110.00 $ 90.00 $ 100.00 $ 120.00 $ 115.00 $ 70.00 $ 100.00 $ 100.00 $ 110.00 $ 70.00 $ 107.00 $ 90.00 $ 275.00 $ 275.00 $ 225.00 $ 240.00 $ 166.00 $ 125.00 $ 190.00 $ 100.00 $ 90.00 $ 160.00 $ 210.00 $ 110.00 $ 160.00 $ 107.00 $ 165.00 $ 140.00 $ 150.00 AdminSecretay/Clencal Associate Engineer Associate Landscape Architect Associate Planner CADD/Computer Technician Designer Engineer Engineering Intern Engineering Technician Inspector Landscape Architect Landscape Architect Intern Landscape Designer/Landscape Planner Planner/Urban Designer Principal Principal Engineer Principal Landscape Architect Principal Planner Project Engineer Project Landscape Architect Project Manager Project Planner/Urban Designer Scientist Senior Designer Senior Engineer Senior Engineering Technician Senior Environmental Specialist Senior Inspector Senior Landscape Architect Senior Planner/ Senior Urban Designer Senior Scientist Fee Schedule Consultant: CTS Engineering, Inc. Role Rate $ 200.00 $ 185.00 $ 275.00 $ 260.00 $ 350.00 $ 320.00 $ 245.00 $ 92.00 $ 70.00 $ 350.00 $ 92.00 $ 115.00 $ 133.00 $ 194.00 $ 56.00 $ 194.00 $ 62.00 $ 78.00 $ 103.00 $ 87.00 $ 138.00 $ 147.00 $ 108.00 $ 112.00 Survey_ 21 Person SUE Crew Survey 21 Person Survey Crew Survey 3 Person SUE Crew Survey_ 3 Person Survey Crew Survey 41 Person SUE Crew Survey 41 Person Survey Crew Survey Chief Surveyor Survey_ Crew Chief Survey Instrument Operator Survey_ Laser Scan/Specialty Survey Crew Survey Mobile Survey Analyst Survey Mobile Survey Analyst Senior Survey_ Mobile Survey Operator Survey Project Manager Survey_ Rod Person Survey Senior Surveyor Survey SUE Technician Entry Survey SUE Technician Junior Survey_ SUE Technician Senior Survey_ Survey/GIS/SUE Analyst Junior Survey_ Survey/GIS/SUE Analyst Senior Survey Surveyor Survey UAS Operator Utility Coordinator Fee Schedule Consultant: GIT Consulting, LLC Role Rate $ 90.00 $ 100.00 $ 125.00 $ 150.00 $ 100.00 $ 106.00 $ 130.00 $ 100.00 $ 250.00 $ 166.00 $ 200.00 $ 170.00 $ 160.00 $ 200.00 $ 107.00 $ 150.00 AdminSecretay/Clencal CADD/Computer Technician Designer Engineer Engineering Intern Environmental Specialist GIS Specialist/BIM Specialist Inspector Principal Project Engineer Project Manager Project Planner/Urban Designer Senior Designer Senior Engineer Senior Inspector Senior Scientist Fee Schedule Consultant: KCITechnologies, Inc. Role Rate $ 95.00 $ 108.00 $ 140.00 $ 125.00 $ 100.00 $ 144.00 $ 115.00 $ 107.00 $ 103.00 $ 166.00 $ 160.00 $ 190.00 $ 165.00 $ 107.00 $ 192.00 $ 235.00 $ 225.00 $ 185.00 $ 260.00 $ 135.00 $ 350.00 $ 92.00 $ 194.00 $ 147.00 $ 108.00 AdminSecretay/Clencal CADD/Computer Technician Engineer Engineering Intern Inspector Landscape Architect Landscape Architect Intern Landscape Designer/Landscape Planner Landscape Inspector Project Engineer Project] I Landscape Architect Project Manager Senior Engineer Senior Inspector Senior Landscape Architect Senior Project Engineer Senior Project Manager Survey 2 Person Survey Crew Survey_ 3 Person Survey Crew Survey Field Crew Supervisor II Survey Laser Scan/Specialty Survey Crew Survey Mobile Survey Analyst Survey_ Senior Surveyor Survey_ Surveyor Survey UAS Operator Fee Schedule Consultant: Kimley-Horn and Associates, Inc. Role Rate $ 85.00 $ 108.00 $ 125.00 $ 150.00 $ 125.00 $ 100.00 $ 106.00 $ 131.00 $ 115.00 $ 175.00 $ 100.00 $ 144.00 $ 115.00 $ 107.00 $ 103.00 $ 115.00 $ 275.00 $ 166.00 $ 160.00 $ 225.00 $ 165.00 $ 150.00 $ 235.00 $ 115.00 $ 160.00 $ 185.00 $ 107.00 $ 192.00 $ 188.00 $ 225.00 $ 150.00 Adminseretay/Clencan CADD/Computer Technician Designer Engineer Engineering Intern Engineering Technician Environmental Specialist GIS Specialist/BIM Specialist Graphic Designer Hydrogeologist Inspector Landscape Architect Landscape Architect Intern Landscape Designer/Landscape Planner Landscape Inspector Planner/Urban Designer Principal Project Engineer Project Landscape Architect Project Manager Project Planner/Urban Designer Senior Designer Senior Engineer Senior Engineering Technician Senior Environmental Specialist Senior Hydrogeologist Senior Inspector SeniorLandscape Architect Senior Planner/ Senior Urban Designer Senior Project Manager Senior Scientist Fee Schedule Consultant: R.E. Chisholm Architects, Inc. Role Admin.Secreay/Clencal Architect CADD/Computer Technician Designer Engineer Planner/Urban Designer Principal Project Architect Project Engineer Project Manager Project Planner/Urban Designer Senior Architect Senior Designer Senior Engineering Technician Senior Planner/ Senior Urban Designer Rate $ 70.00 $ 105.00 $ 90.00 $ 95.00 $ 95.00 $ 155.00 $ 255.00 $ 175.00 $ 155.00 $ 125.00 $ 125.00 $ 155.00 $ 155.00 $ 140.00 $ 155.00 Fee Schedule Consultant: The Corradino Group, Inc. Role AdminSecretay/Clencal Designer Engineer Engineering Intern Engineering Technician Planner/Urban Designer Principal Project Manager Project Planner/Urban Designer Public Information Officer Senior Designer Senior Engineer Senior Engineering Technician Senior Planner/ Senior Urban Designer Senior Principal Senior Project Engineer Senior Public Information Officer Rate $ 95.00 $ 125.00 $ 160.00 $ 120.00 $ 100.00 $ 115.00 $ 275.00 $ 225.00 $ 170.00 $ 110.00 $ 159.00 $ 235.00 $ 115.00 $ 188.00 $ 350.00 $ 250.00 $ 130.00 Fee Schedule Consultant: Zyscovich, LLC Role Adminsecretay/Clenca. Architect Architect Intern CADD/Computer Technician Contract Manager Designer GIS Specialist/BIM Specialist Planner/Urban Designer Principal Project Architect Project Manager Project Planner/Urban Designer Senior Architect Senior Planner/ Senior Urban Designer Senior Project Manager Rate $ 95.00 $ 150.00 $ 103.00 $ 107.00 $ 205.00 $ 125.00 $ 131.00 $ 100.00 $ 275.00 $ 195.00 $ 175.00 $ 150.00 $ 195.00 $ 188.00 $ 225.00 Item 6E CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: FROM: BY: DATE: City Commission Y Ronald J. Wasson, City Manager Jake Ozyman, PE, Public Works & Transportation Director 9 May 3, 2024 SUBJECT: Approval of Request for Proposals No. 2024-1-1 Comprehensive Landscape Maintenance Services for Biscayne Boulevard and the Government Center May 7, 2024 City Commission Meeting Agenda RECOMMENDATION Iti is recommended that the City Commission authorize the City Manager to negotiate and enter into an agreement with SFM Landscape Services, LLC, the top ranked proposer for Comprehensive Landscape Maintenance Services for Biscayne Boulevard and the Government Center. The proposed agreement will be for ani initial three (3) year term with two (2) optional one-year extensions. BACKGROUND The City of Aventura (the "City") issued a Request for Proposals (RFP) on January 11, 2024. The RFP was posted to the City's website and Notice Board, and DemandStar. A non-mandatory, pre-bid meeting was held on January 18, 2024 for interested proposers where a bid summary was given. To qualify for the award, prospective Proposers were required to: A. Have a minimum of ten (10) years of experience in providing landscape B. Have been in continuous operation for a minimum of the past ten (10) years from D.F Fully licensed with all applicable city, county, state and federal agencies. maintenance services of similar complexity and size. C. Have a clean judicial record and reterences. E. Demonstrate financial stability. the date of the RFP. On February 13, 2024, six (6) proposals were received from the following firms: Proposer Base Bid for $636,057.00 $465,000.00 $477,576.00 $691,570.00 $570,762.73 Base Bid for the $27,782.00 $34,000.00 $27,775.00 $67,882.16 $55,734.20 $69,480.00 Total $663,839.00 $499,000.00 $505,351.00 $759,452.16 $530,184.57 $640,242.73 Biscayne Boulevard Government Center Arazoza Brothers Corp. Brightview Landscape Service Professionals Mainguy Landscape Services SFM Landscape Services $474,450.37 Superior Landscaping & Lawn Service following: The Evaluation Committee was appointed by the City Manager and comprised of the 1. Kimberly S. Merchant, Community Services Director, City of Aventura 2. Jake Ozyman, Public Works & Transportation Director, City of Aventura 3. Angel Blanco, Public Works Superintendent, Village of Key Biscayne Procurement performed a due diligence review of the proposals and found all three responsive, with no material defects in their proposals, nor in the Proposers' qualifications. Each Proposer has been in business for more than ten years, they are appropriately licensed to do the work, and provide the requested certifications and references. Procurement did not find any issues that would indicate that any of the The Evaluation Committee was provided with the proposals and on April 15, 2024, met to discuss, review, score and rank the proposals, and a ranking was established as responsive Proposers were incapable of performing the services. follows: Evaluation Arazoza Committee Brothers Brightview Member Kimberly Merchant Angel Blanco Jake Ozyman Total Ranking Landscape Mainguy Service Professionals Services Services 3 3 3 9 3 SFM Superior Service 4 5 4 13 4 Landscape Landscape Landscaping & Lawn Corp. 5 4 5 14 5 2 2 2 6 2 6 6 6 18 6 1 1 1 3 1 The staff met with SFM Landscape Services, LLC, the top ranked proposer, and further discussed the bid items and negotiated cost. As a result, SFM Landscape Services, LLC has reduced their price by $35,312.72, and provided a new total bid price of $494,871.85. Based on the Evaluation Committee's ranking, it is recommended that the City Manager, execute an agreement with SFM Landscape Services, LLC in an amount not to exceed $494,871.85 annually, consistent with the SFM Landscape Services, LLC proposal attached hereto as Exhibit "A," and subject to the City Attorney's approval as to form, content, and legal sufficiency. JO/gf Attachment JO24009 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING SFM LANDSCAPE SERVICES, LLC FOR COMPREHENSIVE LANDSCAPE MAINTENANCE SERVICES FOR BISCAYNE BOULEVARD AND THE GOVERNMENT CENTER PURSUANT TO REQUEST FOR PROPOSALS NO. 2024-1-1 IN AN AMOUNT NOT TO EXCEED $494,871.85 ANNUALLY FOR AN INITIAL TERM OF THREE YEARS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR MPLEMENTATION: PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN WHEREAS, the City of Aventura (the "City") issued a Request for Proposals No. 2024-1-1 (the "RFP") for comprehensive landscape maintenance services ("Services"); EFFECTIVE DATE. and WHEREAS, six sealed proposals were received by the RFP deadline; and WHEREAS, on April 15, 2024, an Evaluation Committee appointed by the City Manager evaluated the proposals and ranked SFM Landscape Services, LLC (the Contractor") as the highest ranked firm; and WHEREAS, the City Manager recommends that the Contractor be selected to provide the Services as further provided in the Staff Memorandum supporting this Resolution; and WHEREAS, the City Commission desires to select the Contractor to provide the Services and authorizes the City Manager to negotiate and enter into an agreement with the Contractor in an amount not to exceed $494,871.85 annually consistent with the Contractor's proposal attached hereto as Exhibit "A;" and WHEREAS, the City Commission finds that this Resolution is in the best interest NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Section 1. That each oft the above-stated recitals are hereby adopted, confirmed, Section 2. That the City Commission hereby selects the Contractor for the Section3. That the City Commission hereby authorizes the City Manager, to execute an agreement with the Contractor in an amount not to exceed $494,871.85 and welfare of the residents of the City. CITY OF AVENTURA, FLORIDA: and incorporated herein. Services. City of Aventura Resolution No. 2024- annually, consistent with the Contractor's proposal attached hereto as Exhibit "A," and subject to the City Attorney's approval as to form, content, and legal sufficiency. Section 4. That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001-5401-541-3450. Section 5. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner who moved its and upon being put to av vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of2 EXHIBIT'A"- FEE SCHEDULE The CONTRACTOR offers the following prices for providing all labor, supervision, equipment, supplies, tools, materials, and all other necessary incidentals to perform Comprenemsivelaniscpe Maintenance Services in accordance with the scope ofwork. Base Bid - Biscayne Boulevard Item No. Description ofTask Annual Total Al Grounds, Landscape, and Turf.Maintenance A2 Turf Disease and Pest Management A3 Plants, Shrubs, and Ground Cover Maintenance A4 Irrigation System Maintenance and Management $55,288.66 $4,860.00 $43,832.49 $12,960.00 $79,632.00 A5 Trimming and Prunning Ficus and Green Buttonwood, 61 times per year Coconut Palms (318 count), 31 times per year Date Palms (170 count), 2 times per year A6 Fertilization A7 Litter and Debris Control $20,000.00 $80,852.22 A8 Seasonal Color Replacement (16,800 count), 4 %" pot, 31 times $110,880.00 per year Sub-Total (Items A1 through A8) $408,305.37 Profit $36,747.48 Grand-Total (Sub-Total + Profit) $445,052.85 EXHIBIT'A-FEE SCHEDULE (CONT'D.) Base Bid- -Government Center Item No. Description ofTask Annual Total B1 Grounds, Landscape, and Turf Maintenance B2 TurfDisease and Pest Management B3 Plants, Shrubs, and Ground Cover Maintenance B4 Irrigation System Maintenance and Management $24,200.00 $811.00 $1,944.00 $6,480.00 $5,800.00 $1,800.00 $4,255.00 B5 Trimming and Prunning B6 Fertilization B7 Litter and Debris Control Sub-Total (Items B1 through B7) $45,290.00 Grand-Total (Sub-Total + Profit) $49,819 Profit $4,529.00 Item No. Description ofTask % Markup (+) or Discount () C1 Tree and Plants (based on' "Betrock's PlantFinder- Wholesale 30% C3 Irrigation Parts & Supplies (based on SiteOne Landscape 20% Guide tol Foliage and Ornamental Plants") C2 Miscellaneous building supplies and materials Supply Catalog: "Wholesale." C4 Chemicals & Fertilizers 20% 20% EXHIBIT"A" FEE SCHEDULE (CONT'D.) Supplemental Work Unit Prices for Materials Item Description ofTask D1 St.A Augustine "Palmetto" Sod D2 Tifway 419Sod D3 Celebration Bermuda Sod D4 Zoysia Sod D5 Bahia Sod D6 Spanish Gold Mulch -2c cu. Ft bag D7 Soil - 50/50 mix D8 Soil - 80/20 mix D9 Annuals Mix D10 Sand Unit Square foot $ Square foot $ Square foot $ Square foot $ Square Foot $ Each Cubic Yard $ Cubic Yard $ Cubic Yard $ Cubic Yard $ Linear foot $ Hourly Cost per Unit No. 0.95 1.05 1.05 1.15 0.75 3.00 35.00 45.00 85.00 55.00 20.00 150.00 $ D11 Bio-Barrier 12" Root Barrier D12 Stump Grinding - 3-person crew plus equipment $ Supplemental Work Unit Prices for Labor and Equipment Item Description ofTask Unit Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Cost Per Unit 8:00 a.m.-4:30 p.m., Mon.-Fri. Cost Per Unit All other times No. E1 E2 E3 E5 E7 E8 Laborer/Groundakeper Irrigation Helper Irrigation Technician - Certified E4 Large Equipment Operator Supervisor/Foreman E6 Graduate Horticulturist Bobcat w/operator Front end loader w/operator E9 18y yard dump truck w/driver E10 75 ton crane w/operator E11 Work boat w/operator E12 Climber/trimmer E13 Chipper truck w/operator E14 Bucket truck w/operator E15 Water Truck w/operator E16 Spray Technician $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 35.00 $ 35.00 $ 65.00 $ 50.00 $ 65.00 $ 75.00 $ 110.00 $ 150.00 $ 105.00 $ 845.00 $ 98.00 $ 65.00 $ 110.00 $ 150.00 $ 130.00 $ 60.00 $ 52.00 52.00 90.00 150.00 98.00 90.00 165.00 220.00 158.00 1,268.00 146.00 98.00 165.00 225.00 195.00 90.00 EXHIBITéA" FEE SCHEDULE (CONT'D.) Additional Services Proposed by the Contractor Description ofTask Grapple Truck w/operator Street Sweeper w/operator Truck Mounted Pressure Washer w/operator Skidsteer Loader w/operator Pole Cat Lift 20' Chainsaw w/operator Pickup Truck w/operator ISA Certified Arborist Unit Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Rate $185.00 $145.00 $110.00 $125.00 $100.00 $55.00 $50.00 $125.00 fresidenst Title 4-29-24 Date 4 Item 6F CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: City Commission Ronald J. Wasson, City Manager Kimberly S. Merchant, Community Services Director taw May 3, 2024 SUBJECT: Resolution to Approve the Pour in Place Rubber Safety Resurfacing of Founders Park Playground and Peace Park Playground May 7, 2024 City Commission Meeting Agenda RECOMMENDATION Itis recommended that the City Commission approve a project in the amount of $182,000.00, from account 001-5001-539-46-72. to resurface the playgrounds at This work constitutes an authorized exemption from competitive bidding under City Code Founders Park and Peace Park.: Section 2-253(2)(b). BACKGROUND The playgrounds located at Founders Park and Peace Park have seen an increased use since the return to normal after COVID. Due to the high traffic and constant exposure to environmental conditions, the current surfacing has shown damage with tears and cracks. Additionally, the black colored rubber that was mixed in, due to cost effectiveness at the time, is a recycled rubber that can stain skin and clothing. The surfacing needs a 1/2 inch of a new topcoat that is 100 % color ONLY and NOT the mix of 50% recycled black and By using Alpha Playgrounds for the 100% color topcoat and not a company using a state contract, the City is able to take advantage of substantial savings of $107,300.00. 50% color that is currently installed. KSM CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO ALPHA PLAYGROUNDS TO PERFORM A "POUR IN PLACE" RUBBER SAFETY RESURFACING ON THE PLAYGROUNDS AT FOUNDERS PARK AND PEACE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR MPLEMENTATION: PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura solicited bids for the replacement of the rubber surfacing of the playground areas at both Founders Park and Peace Park that have become unsightly and due to the constant wear have caused stains through color transfer onto users clothing and skin; and WHEREAS, staff has reviewed the submitted bids, finding Alpha Playgrounds ("Contractor") to be the lowest bidder through a competitive bid process; and WHEREAS, the City Commission, upon the recommendation oft the City Manager, is therefore desirous of awarding said contract to Alpha Playgrounds as the lowest responsive and responsible bidder, consistent with its proposal attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section1 1. The City Manageri is hereby authorized to execute an agreement with Alpha Playgrounds for the resurfacing of the playgrounds at Founders Park and Peace Park. Section 2. The funds to be allocated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line Item Number 001- 5001-539-46-72. Section 3. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2024- The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner who moved its and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of2 PLAYGROUNDS Exhibit' "A" Page I1 H City of Aventura 3375 NE188th St Aventura FI33180 Contact: Jamie Evers Office: 305-466-8008 Email: very@clyolavenuracom 4/25/2024 We submit this quotation as an offer to sell equpmentiservices to the buyer listed above. This is not an acknowledgement, and no goods will be produced until all requirements are met as stated herein to the satisfaction of the seller. SURFACE FOUNDERS PARK Material: Pour in Place Rubber System Area: 9850 Sq FtApprox OPTION#1 Material: Pour in Place Rubber Safety Surfacing Recap Existing PIP Surface with NEWTOPCOAT % "inch /Re-top PIP Colors 100 % Color Standard EPDM i.e., Rainbow Blue, Rainbow Green, Red, Signal Green, Beige & Eggshell Aromatic Urethane PRICE: $106,577.00 (INCLUDES FREIGHT, DELIVERY & INSTALLATION) OPTION# #2 Material: Pour in Place Rubber Safety Surfacing Recap Existing PIP Surface with NEW TOPCOAT %' "inch /Re-top PIP Colors 100 % Color Standard EPDM i.e., Rainbow Blue & Capri Blue NON STANDARD PRICE: $111,280.00 (INCLUDES FREIGHT, DELIVERY & INSTALLATION) COLOR OF THE RUBBER EPDM WILL REAMERGE PLEASE EXPECT. AMBERING (YELLOW FILM) TO OCCUR INITIALLYDUE TO UVI RAYS, WITH FOOT TRAFFIC THIS FILM WILL DISAPPEAR WITHINI A FEW WEEKS OR MONTHS AND THE **ALPHA WILLI NEED. Al DESIGNATED, AREA ADJACENT TO PARKI FORI DUMPSTERS TOI BE PLACED 1481 SW: 153 WAY DAVIE FLORIDA 33326 Phone (954) 588-1244 Email: aphaplaygroundstl@gmail.com PRICES ARE VALIDI FOR: 30 DAYS AND ARE SUBJECT TO TOTAL PURCHASE PRICE PLAYGROUNDS Page 12 EH DELIVERY: 4-10WEEKS RUBBER SURFACE' WORK WILL BEI PERFORMED WEATHERI PERMITTING PAYMENT ALL PRODUCTS MEET ASTM, CPSI, and ADAI PLAYGROUND: SURFACING AND CRITICAL FALLI HEIGHTS MAKE CHECKS PAYABLE TO: ALPHAI MANAGEMENT GROUP NO RETAINERS ORI HOLDBACKS ARE. ALLOWED. INA ADDITION TO THE PRICES STATED HEREIN, BUYER AGREES TO PAY THE SELLER INTEREST ONA ACCOUNTS PAST DUE ATARATE OF 1.50% PERI MONTH OR THE MAXIMUMA ALLOWABLE INTEREST RATE APPLICABLE BY LAW, WHICHEVER ISI LOWER AND ALL COLLECTION COSTS INCLUDING, ATTORNEY FEES AND OTHER COSTS INVOLVED IN THE COLLECTION OF ANY ACCOUNT PAST DUE.UNTIL ALL AMOUNTS DUE HEREUNDER, ARE PAIDI INF FULL,CUSTOMER SHALL NOTPERMIT THE EQUIPMENT TOI BE LEVIEDI UPON OR ATTACHED UNDER ANY LEGAL PROCESS; TRANSFER TITLET TO THE EQUIPMENTOR: ANY OF CUSTOMERS RIGHTSTHEREIN ORI REMOVE ORF PERMITTHE REMOVAL OF THE EQUIPMENTTO ANY LOCATIONNOT SPECIFIED IN THIS QUOTE. ALPHAI MANAGEMENT GROUP RETAINS FULL TITLETO ALLI EQUIPMENT UNTIL FULLI PAYMENT IS RECEIVED BY ALPHAI MANAGEMENT GROUP CUSTOMER. ASSUMES ALL RISK OF LOSS ORI DESTRUCTIONOF ORI DAMAGE TO THE EQUIPMENT BY REASON OPF THEFT, FIRE, WATER ORA ANY OTHER CAUSE, AND THE OCCURRENCE OF ANY SUCH CASUALTYSHALL NOT RELIEVE THE CUSTOMER! FROMITS OBLIGATIONS HEREUNDER. ANDI UNDER. ANYI INVOICES.UNTIL/ ALL AMOUNTSI DUE HEREUNCER: ARE PAIDI INF FULL, CUSTOMER SHALLI INSURE THE EQUIPMENT AGAINST, ALL SUCHL LOSSES AND CASUALTIES. SPECIFICATIONS: ALL EQUIPMENT ISI PERI MANUFACTURERS CURRENT CATALOG SPECIFICATIONWITH: STANDARD COLORS. INSTALLATIONI DOES NOT INCLUDE. ANY GROUNDI PREPARATION, LANDSCAPING, BORDERS OR SURFACE MEDIA SUCH AS SAND, MULCH, ETC., UNLESS STATED. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES TO UNDERGROUND UTILITIES, IRRIGATIONI LINES, ETC., UNLESS THEY HAVEI BEENI MARKED. ANDI BROUGHT TO OUR ATTENTION. ALPHAI MANAGEMENT GROUPI ISI NOTI RESPONSIBLEI FORI PERMITS OR THEIR ASSOCIATED COSTS UNLESS STATED. HOWEVER, WEV WILLI PROVIDE NECESSARY DOCUMENTATIONS FORI PERMITS AND WILL CHARGE TO THE CUSTOMER THE COSTS INVOLVED TO OBTAIN PERMITS SUCH AS ENGINEERING, COURIER, PERMIT FEES, ETC. ALPHA MANAGEMENT GROUP ISI NOT RESPONSIBLE FORT THE TIME FRAME CITY TAKES TOI PROCESS AND APPROVE ALL DEPOSITS. AREI NONRUFUNDABLE, AND ALL ORDERS ARE FINAL. IF CUSTOMER CANCELS AN ORDER THERE WILL IF CUSTOMER CHOOSES THE LEASE OPTION, ALL REQUIRED: SIGNEDI LEASE PAPERS ARE TO BE GIVEN TO ALPHA SHIPPING INFORMATION: SHIPPING SCHEDULE IS ANE ESTIMATE ONLY. WE DO OURI BEST TOI MAINTAIN TIMELY SCHEDULES. WE ARE NOT RESPONSIBLE FOR ANY COST ORI DAMAGES RESULTING FROM SHIPPING DELAYS. THE SHIPPING SCHEDULE DOESI NOT INCLUDE, NORARE WEI RESPONSIBLE FOR, TIME IN TRANSIT. SHIPPING CHARGES TO ACCEPT THIS QUOTATION, PLEASE SIGN, DATE ANDI RETURNWITH/ ANY OTHER MATERIALS REQUIRED. ONCE SIGNED. AND. ACCEPTEDI BY: SELLER, ANY CHANGES MUSTE BE SUBMITTED INV WRITING, AND. APPROVEDI BY THE SELLER. NO GOODS MAY BE RETURNEDWITHOUT THE PRIOR' WRITTEN CONSENT OF THE SELLER. ITIS PURCHASER RESPOSIBILITY TO ENSURE THAT THE PLAY AREAI IS RESILIENT, SAFE ANDI FREE OF ANY POTENTIAL HAZARDS. ALLI PLAY ACTIVITY MUSTE BE ADULT: SUPERVISED. PLAYGROUND EQUIPMENT COMES WITHA MANUFACTURERS WARRANTY FOR THE PURCHASER. ALPHAI MANAGEMENT GROUP ASSUMES NOI RESPOSIBILITY OR LIABILITY FORI INCIDENTIAL OR CONSECUENTIAL DAMAGES ORI INJURIES WITCHMAY ARISE FROM THE PURCHASER OR USE OF SAIDE EQUIPMENT. PURCHASER, ACCEPTS THIS DISCLAIMER. WOODEN PLAYSETSI WILL SHOWD DISTORTION, AS WELL AS SEASONING CHECKS/CRACKS. THESE. ARE NATURAL CHARACTERISTICS OF WOOD, ANDI INI NOWAY PURCHASER PROMISES TO PAY ALPHAI MANAGEMENT GROUP INF FULLI FOR ALL PLAYGROUND EQUIPMENT UPON RECEIPT OF PLAYGROUND EQUIPMENT. IF FINAL BALANCE DUE ORA ANY OTHER UNPAID. AMOUNT MUST BE COLLECTED FROMI PURCHASERS. PURCHASER, AGREES TOPAYI IN ADDITION TO THE FINALI BALANCE DUE OR ANY OTHER UNPAID AMOUNT, ALL COSTA ANDI EXPENSES, INCLUDING REASONABLE, ATTORNEYS' FEES, ASSOCIATED WITH COLLECTION. ANY FINALI BALANCE DUE OR ANY UNPAID AMOUNT NOT PAIDU UPONF RECEIPT OF PLAYGROUND ALLI EQUIPMENT REMAINS' THE PROPERTY OF ALPHAI MANAGEMENT GROUP. UNTIL THE CONTRACT PRICE ISF PAIDI IN FULL. UPONF FULLE EXECUTION, THIS QUOTE SHALLI BEI BINDING UPONA ANDI INUIRE TO THE BENEFIT OF THEF PARTIES BY SIGNING THIS QUOTATION, YOUA AGREE TO THE ABOVE TERMS. ANDI WILLI PROCESS ACCORDINGLY. TERMS: 50% DEPOSIT IS REQUIRED. 50% ISI DUE UPON COMPLETION. DRAWINGS, ANDI FINALI INSPECTIONS. BE A3 30% RESTOCKING FEE ON THE TOTAL PUCHASE PRICE OF THE CANCELLEDI ITEMS. MANAGEMENT GROUPI PRIOR TOI INSTALLATION. DOI NOT INCLUDE TRUCK UNLOADING. SHOULD, AFFECT THE STRUCTURAL INTEGRITY OF THE: SWINGSETS. EQUIPMENT SHALL CARRY INTEREST RATE OF 15% PER ANNUM, UNTIL PAID. AND THEIR: SUCCESSORS, AND ASSIGNS. SIGNATURE: PRINTEDI NAME: DATE: 1481 SW 153 WAY DAVIE FLORIDA! 33326 Phone (954) 588-1244 Email: alphaplaygroundsfl@gmail.com PLAYEROUNDS H Exhibit"A" Pagel 4/25/2024 City of Aventura 33751 NE 188th St Aventura FI3 33180 Contact: Jamie Evers Office: 305-466-8008 Wes submit this quotation as an offer to sell equipment/services to the buyer listed above. This is not an acknowledgement, and no goods willl be produced until all requirements are met as stated herein to the satisfaction of thes seller. SURFACE PEACE PARK OPTION Material: Pour in Place Rubber System. Area: 6150Sq Ft Approx #1 Material: Pouri in Place Rubber Safety Surfacing e Recap Existing PIP Surface with NEW TOPCOAT 1/2' "inch /Re-top PIP Colorse 100 % Color Standard EPDMi.e., Rainbow Blue, Rainbow Green, Red, Signal Green, Beige & Urethane PRICE: Eggshell Aromatic $67,588.00 (INCLUDES FREIGHT, DELIVERY & INSTALLATION) OPTION# #2 Material: Pouri in Place Rubber Safety Surfacing Recap Existing PIP Surface with NEW TOPCOAT 1/2' "inch /Re-top PIP Colors 100°0Color: Standard EPDMi i.e., Rainbow Blue & capri Blue NON STANDARD PRICE: $70,540.00 (INCLUDES FREIGHT, DELIVERY & INSTALLATION) **TAX EXEMPT PLEASE EXPECT AMBER/NG (YELLOW FILM) TO OCCUR INITIALLY DUE1 TO UVI RAYS, WITH FOOT TRAFFIC THIS FILM WILLI DISAPPEAR WITHIN AF FEW WEEKS ORI MONTHS. AND THE COLOR OF THE RUBBER ** ALPHA WILL NEED AI DESIGNATED AREA ADJACENT TO PARKE FOR DUMPSTERS TO BE PLACED EPDM WILL REAMERGE 1481 SW: 153 WAY DAVIE FLORIDA 33326 Phone (954) 588-1244 Email: phpaypoumdileemalcon Item 6G CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: City Commission Ronald J. Wasson, City Manager Kimberly S. Merchant, Community Services Director Ss May 3, 2024 SUBJECT: A Resolution to Approve the Replacement and Addition of Fencing for Founders Park North and South RECOMMENDATION Itis recommended that the City Commission approve fencing projects totaling $64,720.00 to replace and add fencing at Founders Park North and Founders Park South. This work constitutes an authorized exemption from competitive bidding under City Code Section 2-253(2) )(b). BACKGROUND The perimeter fencing at Founders Park South will be replaced using Florida Department of Children and Families Standards for Outdoor Play Areas. These Standards require that fencing, including gates, must be continuous and must not have gaps or openings larger than 3 %2 inches that would allow children to exit the outdoor play areas. The additional fencing will include the following features: New paneling along the seawall to ensure the garden area has iguana control Paneling along the tennis courts to keep water and debris off the courts due to the Additional fencing along the new FieldTurf by the first base side of the baseball similar to the previous garden fence; Fencing for a storage area; adjacent berm; and field due to the location of the light pole. This will ensure the park is ready for the new Founders Park South Facility to open at City The perimeter fencing is budgeted in the 23/24 Fiscal Year from account #001-8050-572- 6310 in the amount of $49,630.00. The remaining $15,090 will come from account #101- 8050-861.63-02 in the amount of $3,190, and account #101-8050-861.63-07 in the A budget amendment to cover the overage will be completed with the year-end budget standards for the residents by Summer of 2024. amount of $11,900. amendment CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT TO SEAWATER CONSTRUCTION CORP. TO REPLACE AND ADD FENCING AT FOUNDERS PARK, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; PROVIDING FOR MPLEMENTATION: PROVIDING FOR APPROPRIATION AND ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura received pricing for the replacement of the fencing along the perimeter of Founders Park South, as well as various points within Founders Park itself; and WHEREAS, staff has reviewed the pricing, finding Seawater Construction Corp. to be thel lowest price, based on the price identified in its proposal attached hereto as Exhibit "A"; and WHEREAS, the City Commission, upon the recommendation of the City Manager, ist therefore desirous of awarding said contract to Seawater Construction Corp. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute an agreement with Seawater Construction Corp. for the fencing project around Founders Park South and in Founders Park North. Section 2. The funds to be allocated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from account #001-8050-572-6310 in the amount of $49,630.00, account 101-8050-861-63-02 in the amount of $3,190, and account 101-8050-861.63.07 in the amount of $11,900. Section 3. This Resolution shall become effective immediately upon its adoption. City of Aventura Resolution No. 2024- The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: who Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of2 Exhibit "A" Seawater Construction Corp. General Contractor Estimate New Aluminum Pickets Fence B5LF-CHFounders Park South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: cnerz2002@gmal.com Project: New Aluminum Pickets Fence Founder's Park South New Sliding Gates (2) & New Pedestrian Gates (2) 3105 NE 190th St., Aventura, FL 33180 TO: Jamie Evans, Allan Cabrera City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305)466-8009 Fax DATE: 03/30/2024 Estimate: 2024-0330-10 Job Description New Aluminum Pickets Fence 285 LF - 6 Feet High at Founder's Park South. Including Two (2) Sliding Gates and Two (2) Pedestrian Gates. Materials, Fabrication, Powder Coating Pistachio, Delivery and Installation Remove existing Fence with the Concrete Footings. Itemized Estimate SCOPE OF WORK $40,840.00 Remove the existing Fence 285 Linear feet and concrete footings. New Aluminum Pickets Fence 285 Linear feet X 6 Feet High. Posts: Aluminum Tubes 2"X2"X1 1/8" Punched Aluminum Channels: 1"X2"X1/8" Spear Picket Top: 1"X1'X5-10" High spacing 4" on center Sections of Fence 5 Feet - 6Inches Long by 6 Feet High Foundation: Isolated Footings 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Finish: Powder Coating Pistachio Green (Special Color) Fabricate Two (2) Sliding Gates 18 LF by 6 Feet High -Fabricate Two (2) Aluminum Sliding Gates of 18' Long X 6' High. -Frame of Square Tube 2"X2"X 1/8" with 3 Vertical Reinforcements in each Gate and 2 Horizontal Reinforcement 2"x -Spear Picket Top: 1"X1 1" spacing 4" on center welded to the Frame. -Posts 3"X3"X 1/4" Gauge Install a Gate Roller Guide in each Foundation: Isolated Footing 3 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, -Install (2) V Groove Wheel Heavy Duty Track Wheel. -Install a Sliding Gate Catcher (Holder) in each Gate. Finish: Powder Coating Pistachio Green (Special Color) 2"X1/8". Sliding Gate. Fabricate Two (2) Pedestrian Gates Fabricate Two Pedestrian gates with Self Close Hinges and Latch. One: 5'-6"x6 6' High on the Center of the Park Two: 6'X6" High in the east corner to be use by FPL. -Install Heavy Duty Gate Hinges for Self Closes Gate up to 154 Ibs Adjustable self-closing speed, Rust & Corrosion Proof, Industrial strength Polymer with Stainless Steel components and Internal Spring. Finish: Powder Coating Pistachio Green (Special Color) Total Estimated Job Cost $40,840.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Note: Architectural plans and Structure engineer Calculations are NOT Included Building Permit fee is NOT included. Payment Schedule: -50% upon approval ($20,420.00) -50% upon completion ($20,420.00) JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Aluminum Pickets Fence 59-4" X6'HI Founder's South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305 776-1234 EMAIL: cnerrzvozegmal.com TO: Jamie Evans, Allan Cabrera City of Aventura Community Services Department Park & Recreation (305)466-8008 Office (305)466-8009 Fax Project: New Aluminum Pickets Fence 59'-4" X6' H Founder's South 3105 NE 190th St., Aventura, FL 33180 DATE: 03/30/2024 Estimate: 2024-0330-12 Job Description New Aluminum Pickets Fence at Founder's Park South (Two Sections) Including One (1) Double Gate 12 Feet Width by 6 Feet High. Materials, Fabrication, Powder Coating Pistachio, Delivery and Installation. Itemized Estimate SCOPE OF WORK $8,790.00 New Two sections of Aluminum Pickets Fence. Total LF 59-4"x6'H. Section 1: New Aluminum Pickets Fence between the Restrooms Building and the North Fence, Total 30'- 8"X6 feet High. Section 2: New Aluminum Pickets Fence between the Restrooms Building and the East Fence, Total: 28' - 8"X6 6 feet High. Specifications: Posts: Aluminum Tubes 2"X2"X1/8" Punched Aluminum Channels: 1"X2"X1/8" Spear Picket Top: 1'X1'X5-10" High spacing 4" on center Sections of Fence 6 feet Max. Long by 6 Feet High Foundation: Isolated Footings 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, perfectly level with the Ground. Finish: Powder Coating Pistachio Green (Special Color) Fabricate one Double Gate 12 LF by 6 Feet High -Fabricate one Aluminum Double Gate of 12' Long X6 6' High. -Frame U of Square Tube 2"X2"X1 1/8" -Spear Picket Top: 1"X1'spacing 4" on center welded to the Frame. -Posts 3"X3 3" X 1/4" Gauge Foundation: Isolated Footing 2 Feet Deep by 1 Foot in Diameter, with Posts embedded in Concrete Mix 85 Ibs, -Install Heavy Duty Gate Hinges for Self Closes Gate up to 154 Ibs Adjustable self-closing speed, Rust & Corrosion Proof, Industrial Polymer with Stainless Steel components and Internal Spring and one strength Latch. -Finish: Powder Coating Pistachio Green (Special Color) Total Estimated Job Cost $8,790.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Note: Architectural plans and Structure engineer Calculations are NOT Included -Building Permit fee is NOT included. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Chainlink Fence at Founder's Park North Baseball Field 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305.776-1234 EMAIL: cnerz2002egmal.com TO: Jamie Evans, Krystal Melendez City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305)466-8009 Fax Project: New Chainlink Fence at FN Baseball Field 3105 NE 190th St., Aventura, FL 33180 DATE: 04/20/2024 Estimate: 2024-0420-14 Job Description New Chainlink Fence at Founder's Park North baseball Field. Materials, Fabrication, Powder Coating, Delivery and Installation. Itemized Estimate SCOPE OF WORK $3,190.00 Remove Existing Chainlink: Remove 2 sections of existing Chainlink. New Commercial Grade Chainlink Fence Poly Black. Total LF 17' Long X 6' High. Build New Chainlink Fence on the South Side of the First Base of the New (2) posts with a 1/4' 6"x 6" welded plate to attach to the existing concrete slab with 4 sleeve anchors plus 3 existing posts that Baseball field at Founder's Park North, including: are in good condition, for a total of 5 posts. Materials: Galvanize Plate 6"X6" Weld to Post Extruded Black 50' Roll Spectra 2"x 9F X 6" Steel Tension Bar Poly Black 3/16'x3/4"x70" Polyester Black Spectra Posts 2 7/8"x9'D DQ40- Tube 1 5/8"> x 22' Poly Black Spectra Tension Band Poly Black Spectra Poly Cap Poly Black Spectra 2 7/8" Roll -25 Total Estimated Job Cost $3,190.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Paneling Fence at Founder's Park South by the Canal Plant & Parcel 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305.776-1234 EMAIL: cnerz2002egmal.com TO: Jamie Evans, Krystal Melendez City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305)466-8009 Fax Project: New Paneling at Founder's Park South by the Canal 3105 NE 190th St., Aventura, FL 33180 DATE: 04/20/2024 Estimate: 2024-0420-15 Job Description New Paneling on two Enclosure Parcels on existing Forest Green Fence at Materials, Fabrication, Powder Coating, Delivery and Installation. Founder's Park South along the Canal Itemized Estimate SCOPE OF WORK $5,650.00 New Paneling on Two (2) existing Enclosure for Plant and Parcel on existing Fence South Side by the Canal at Founder's Park South. The work consists of opening a trench along the entire length of the fence within the enclosure of approximately 4" to fit the panels to the ground and prevent the entry of iguanas. Total LF: 216' Long X 4' High West Section: Total Linear Feet: 106 LF Solid Aluminum Panels 48" X 120" East Section: Total Linear Feet: 110 LF Solid Aluminum Panels 48"X - 120" The panels will be attached to the fence with HEX Self- Drill Screws Powder Coat Paint: Forest Green Total Estimated Job Cost $5,650.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Seawater Construction Corp. General Contractor Estimate New Paneling Tennis Court West & East at Founder's Park South 14293 SW 9th Terrace Miami, FL 33184 PHONE: 305.776-1234 EMAIL: cnerz2002egmal.com Project: New Paneling Tennis Court West & East Founder's Park South 3105 NE 190th St., Aventura, FL 33180 Estimate: 2024-0420-16 TO: Jamie Evans, Krystal Melendez City of Aventura Community Services Department Park & Recreation (305) 466-8008 Office (305)466-8009 Fax DATE: 04/20/2024 Job Description New Paneling Tennis Court West & East at Founder's Park South Materials, Fabrication, Powder Coating, Delivery and Installation. Itemized Estimate SCOPE OF WORK $6,250.00 New paneling on the West and East sides of the Tennis Court on each section of the existing 10' X 10' Fence at the Bottom of Founder's Park South. The work consists of opening a trench outside the existing fence to fix the panels to the ground as deep as the existing base of the posts allows, to prevent water and things from entering the Courts. Total LF: 240' Long X4' High West Side: Total Linear Feet: 120 LF West Side: Solid Aluminum Panels 48" 'X120" East Section: Total Linear Feet: 120 LF Solid Aluminum Panels 48"X1 120" Attachment: The panels will be tied on both sides with Tension Bands to the existing posts and on top with Heavy Duty Tie to the mesh. Powder Coat Paint: Black Total Estimated Job Cost $6,250.00 Interest shall accrue on all unpaid sums at the rate of 18% per annum. In the event of any litigation involving the proposal and/or invoices, the prevailing party shall be entitled to recover all of its attorney's fees, costs and expenses from the non-prevailing party. Payment Schedule: -50% upon approval -50% upon completion JUAN CARLOS HERRERA PREPARED BY ACCEPTED BY DATE THANK YOU FOR YOUR BUSINESS! Item 6H CITY OF AVENTURA DEPARTMENT OF PUBLIC WORKS & TRANSPORTATION MEMORANDUM TO: FROM: BY: DATE: City Commission Ronald J. Wasson, City Manager Jake Ozyman, PE, Public Works & Transportation Director 9 May 3, 2024 SUBJECT: Authorization to Apply for a Matching Florida Department of Transportation (FDOT) Public Transit Service Development Program Grant May 7, 2024 City Commission Meeting Agenda RECOMMENDATION Itis recommended that the City Commission authorize the City Manager to apply to the FDOT Public Transit Service Development Program Grant for expansion of the on- demand transit service. BACKGROUND The City's current on-demand transit service consists of ten (10) electric vehicles with an approximate annual cost of $1,169,754. The City wishes to add five (5) more on-demand vehicles to absorb the demand and reduce wait times. The total annual cost for fifteen (15) vehicles would be $1,754,631. If approved, the FDOT would fund 50% of the total, which is $877,316. JO/gf JO24010 CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A MATCHING FLORIDA DEPARTMENT OF DEVELOPMENT PROGRAM GRANT IN THE AMOUNT OF $877,316TO EXPAND THE CITY'S ON-DEMAND TRANSIT SERVICE; AND WHEREAS, the City of Aventura ("City") currently operates a mobile application- based on-demand transportation service through BeeFree, LLC d/bla FreeBee (the TRANSPORTATION (FDOT) PUBLIC TRANSIT SERVICE PROVIDING FOR AN EFFECTIVE DATE. "Service"); and WHEREAS, the City wishes to expand the existing Service and integrate it into the Miami-Dade County ("County") Smart Demonstration Program; and WHEREAS, the Florida Department of Transportation ("FDOT") created the Public Transit Service Development Program Grant (the "Grant") in order to provide local communities with matching grant funds for the implementation of transit projects aimed at providing alternative and innovative transportation solutions; and WHEREAS, in order to expand the Service and integrate it into the County Smart Demonstration Program, the City desires to authorize the City Manager to apply for a Grant in the amount of $877,316, which the City will match using CITT funds; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the residents of the City. CITY OF AVENTURA, FLORIDA: NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Section 1. Recitals. That each if the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Authorization. That the City Commission hereby authorizes the City Manager to apply for a matching Grant in the amount of $877,316 with the FDOT. City of Aventura Resolution No. 2024- Section 3. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner who moved its and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED AND ADOPTED this 7th day of May, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of2 Item 8 CITY OF AVENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: FROM: BY: DATE: City Commission Ronald J. Wasson, City Manager Robert Meyers, Office of the City Attorney 1 May 3, 2024 SUBJECT: An Ordinance to Repeal the Art in Public Places Board May 7, 2024 City Commission Meeting Agenda (First Reading) June 4, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION Public Places Board. BACKGROUND Itisr recommended that the City Commission approve an ordinance to repeal the Art in The City Commission passed Ordinance No. 2012-16, which created the Art in Public Places Board ("Board"). Pursuant to Section 3.11 oft the City Charter, the City Commission ise empowered to terminate City boards and agencies as it may deem advisable from time The City remains committed to considering input from City residents and other interested parties concerning the placement ofworks of art at City owned and/or City operated parks, buildings and facilities. However, due to the Board's lack of activity over the years, the City Commission believes the existence of an advisory board to assist the City with the to time. above mentioned tasks is no longer warranted. Fiscal Impact This item has no impact to the City's budget. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 2 ADMINISTRATION, ARTICLE III ADVISORY BOARDS," BY REPEALING DIVISION 6 "ART IN PUBLIC PLACES ADVISORY BOARD"; PROVIDING FOR CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 3.11 oft the City Charter grants the City Commission with the WHEREAS, the City Commission desires to disband the Art in Public Places WHEREAS, the City Commission finds that this Ordinance is in the best interest NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE Section 1. Recitals Incorporated. That each of the above-stated recitals are Section 2. City Code Amended. That Division 6 "Artin Public Places Advisory Board" in Article III "Advisory Boards,' , Chapter 2 "Administration," is hereby amended to authority to create and terminate city advisory boards; and Board due to inactivity; and of the City and its residents. CITY OF AVENTURA, FLORIDA, AS FOLLOWS': hereby adopted and confirmed. repeal Division 6 in its entirety as follows: CHAPTER 2 - ADMINISTRATION *** ARTICLE III. - Advisory Boards *** Division-6.-ARTINPUBLICPLACESADVISORY-BOARD See.2-201-Creation,composiionandqualfications. (a)-Thereis-herebyc cealedandesabishedfAema.AAimPubic.Paces Advisory Board (the Beard"),consisting Of-five-members-that: areresidenisoHne-CHy and appointed by the Mayor, subject to the approval of the City Commission- Nolwihstandingtheabove,eCH/Managerisaulnonzedioappomntaleratemembers PPedydsaNew. ne-members-OPHRe-BOaF-sAaL-De-appointed-R 11 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are indicated by strikethrough City of Aventura Ordinance No. 2024- accordance-wipocedurssdhen.inandehal-holsolice. atthe pleasure of the City Commission- Members ofthe Board shal-serve-on-the- Board without compensation-andshal-notberemoursed-ortravemmleage,orperdiem-expenses-as loBoardsenice-Themembesehaisemelwrahoyeartamandnandmaybereapointed O/n.meventoHtheretypstoRdFremoaldfanymaberd-me-Boar,te-Mayp: shalappointapersoniboniolitevatangyonsuaheoaidorineumeeunenpiedporionotine termofthe-memberyacatingsucho"ce,subectioaPprovaloHne.CHy-COmPISSIONA /n-mineeventtnatamemberdimesoasdehabeahsstamsunexeused-oma dulycaled-meetingeingotneBoard'orwwometngsinacaendaryeafmen-such-member shal-automatically-be-removed-as-a-member-oF-tne-Beard-Dy tne-Ciy-Manager-An excusedabsenceshaiberegusiedinwnwatngwBemalExorlelerprerioinei Board GFne-Giy-Managerors-designee-shal-previde-ordesignate-necessarysary-stafsupport -accordance-wiP-RePr9C8850.utned-neren: accordance-wit-procedures-esta0ished-nerein. meeting- for-the-Board. Sec.2-202.F Process-ofAppointmentofBoard, Members. @/-indwdualis-wishingiobeamemberatneBoandensimakeapicaionioihecHy ManageronthesommeprwsdyecW.CA/Comsonsmayeachrecommend 0tno-CHyManagerapopocadomneo-meCHyManagerehal-ntenow-an applcants-and-makerecommendalonstotnemayeF-TRe.Mayorsna-appoint,to.tne Beard,members-Fomtnelstorapplcants-recommensedbytne.CH/Manager,subject D-R-FecOmmendingembersoaP0,me1OlowAnggwdeHnes-snal-De -e-residentmembeFsMPOFNe-Beard-SnoIed-consstofpersons-wne-nave demenstratedastroncommimentoan6,mcldimgpaninng-Pholograpny, Reasenable-ef#OFS-SOWG-De-made-ortnememembershpOinhe-Beard-to-De epresentatiyeorarangeorcomprenensie-aduage-groups: othe-approvalOFtne-CHyccOmmiSSIOn: considered: aupueancoheranioms. Sac2BkAwswyepa, Thepowers-and.dulesoftne-Boardshalbesolelyofan-dvisonymatureto-the-CHy ManagerandMayorandchyCommison-feCHyansye,byvituedfhisoliceas Ciy-Manager,sha"-beresponsbleelorcommunicatnicatingto-ne.CiyComissionthe actions-ofthe Board. See.2204-Rulesofprocedurerquorum. (a)The Board shall adeptrules-otprocedwre-notinconsiientwAhineorddinances-ofthe GHy-and-the-laws-OHn-Siale-oHFlonda-and-shalrutize-Robe:ts-Rules-ofOrder recenty-revised-1990EdHION-OFtne-uIes-Otprocedure-totn8-CORdCHtormeetings Page 2 of5 City of Aventura Ordinance No. 2024- proceedings- Chairperson: ofthe-Board. The Board may-creale-aodimona-ueS'OFReSOnauctOFS-ntera (b)The Boardshal-electamemberioseneasineCharpetsonand-mayelectaVice. -esaaw a-quorum-for-thetne-transacton-OFbusiness-ofthe Board. Oficial action-shall De-taken-Dy-the Beardenlyuponinece-concuringvoleal majorilyofthe-mmberspresentatanofica-meelingofthe Bard,excepttnatat leastheealimaivevorehatbere-resiorolisalaction: Sec.2205.isiom:wunidictionanddwies. (a) Fe-msondne-Boass: is to, from time to-me,when-eguesed. by the City enagerorCH/Commson, BReCHyP.Cenyng andselectingworks-ot artlordisplay-n-Ciyownedandloroperatedpaiks,Dumdingsand-aciktes,in-order tofurtherenhancetne-dverseamayofcufuralandeducatonal-opportunities-which are available within the City. Further, the final deoson-n-he-sopane. placementand displayoispeclçwoinanaiChyownedandoroperaled parks; buadingsandfacieseha-besubetio.neappowalo-me.CHy/Commission. (b)Action-oft the Board shall bein-the-omm-ofawien.ecommendation-ofadvice-to the City Manager and Mayor, who shall confer as to the presentation-of-the (C) TRe-Board-snal-meet: as-needed as determined by theCityA Manager-or-City ecommendationofiheBeardioteCHy Commission: Commission- Sec.2-206-Standards-ofconduct for-members. Almembers-ofthe Board shall be subectiolheSiendardadsaiComuctiorPubie Officers and Employees,as-setbyFedera,Sale,Countyciyoralnerappicable-aw pursuantto-City Charter Section703amdmus--heappopiaietinancialdisclosure forms Sec.2-207-2-210.Reserved. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwitnstanding the invalidity of any part. Page 3 of5 City of Aventura Ordinance No. 2024- Section 4. Codification. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re- numbered or re-lettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Conflict. That all sections or parts of sections of the Code of Ordinances, all ordinances or parts ordinances, and all resolutions or parts ofresolutions in conflict are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner its adoption on first reading. This motion was seconded by Commissioner, who moved and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg The foregoing Ordinance was offered by Commissioner its adoption on second reading. This motion was seconded by Commissioner who moved and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg Page 4 of5 City of Aventura Ordinance No. 2024- PASSED on first reading this 7th day of May, 2024. PASSED AND ADOPTED on second reading this 4th day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 5 of5 Item 9 CITY OF AVENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: FROM: BY: DATE: City Commission Ronald J. Wasson, City Manager Robert Meyers, Office of the City Attorney liu March 29, 2024 SUBJECT: Ordinance Amending the City Code of Ordinances to Create Section 1-22 to Make it Unlawful to Urinate or Defecate in Plain View in Public Places April 2, 2024 City Commission Meeting Agenda (First Reading) Item 7 May 7, 2024 City Commission Meeting Agenda (Second Reading) RECOMMENDATION Itis recommended that the City Commission approve an ordinance to prohibit urination or defecation in plain view of the public, because such public acts present a public health risk due to the spread of diseases and other health hazards stemming from such waste. BACKGROUND Urination or defecation in a public place in plain view presents a serious threat to the public health, safety and welfare of the community, contributing to such ill effects as vandalism, disease transmission, and litter and is also irreparable and irreversible. The Florida Statutes do not prohibit the act of public urination or defecation per se, unless such acts are charged under the indecent exposure statute, ordinarily considered lewd and lascivious acts. However, a number of municipalities across the State have enacted ordinances prohibiting public urination or defecation without having to prove indecent exposure. The proposed ordinance is fashioned from the City of Miami Beach Ordinance (in effect since 1995) identifying public places where such acts are banned if committed A violation of this ordinance constitutes a public nuisance and upon a City of Aventura police officer establishing probable cause of such violation they are authorized to take in plain view of the public. enforcement action, as outlined in section 1-14 of the City Code. Fiscal Impact There may be a minor effect on the budget of those departments enforcing the ordinance, requiring some resources to be spent in furtherance of enforcing this ordinance. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 1 "GENERAL PROVISIONS," OF THE CITY OF AVENTURA CODE OF ORDINANCES TO CREATE SECTION 1-22 "URINATING OR DEFECATING IN PLAIN VIEW IN PUBLIC PLACES PROHIBITED'; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE WHEREAS, as provided in Section 2(b), Article VIII of the Constitution oft the State of Florida, and Section 166.021(1), Florida Statutes, the City of Aventura, Florida (the "City"), a municipal corporation, enjoys all governmental, corporate, and proprietary powers necessary to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except DATE. as expressly prohibited by law; and WHEREAS Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provides municipalities with the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, the City Charter empowers the City Commission to adopt, amend or repeal its ordinances and resolutions as may be required for the benefit of the residents of the City; and WHEREAS, the City Commission finds it periodically necessary to amend its Code of Ordinances and Land Development Regulations ("Code")in order to update regulations and procedures necessary to implement municipal goals and objectives; and WHEREAS, the City Commission further finds it to be in the best interest of the public health, safety and welfare of the citizens to adopt this Ordinance amending the City's Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE Section 1. Recitals. That the above stated recitals are hereby adopted and CITY OF AVENTURA, FLORIDA: confirmed. City of Aventura Ordinance No. 2024- Section 2. City Code Amended. That Chapter 1 "General Provisions, of the City Code of Ordinances is hereby amended to read as follows:1 Sec. 1-22. Urinating or defecating in plain view in public places prohibited. (a) Itshall be unlawful for any person to intentionally urinate or defecate in plain view of the public on any public sidewalk, street, alley, park, or other public propertyi in the City. For purposes of this section "in plain view of the public" shall mean where such act may be readily (b) This section shall not apply to urinating or defecating in any restroom facility in a manner for which that facility observed by a member of the public. was designed. Section 3. Conflicts. That all Sections or parts of Sections of the Code of Ordinances, all ordinances or parts of ordinances, and all Resolutions, or parts of Resolutions, in conflict with the Ordinance are repealed to the extent of such conflict. 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. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. This motion was seconded by Vice Mayor Kruss, and upon adoption on second reading being put to a vote, the vote was as follows: Page 2 of3 City of Aventura Ordinance No. 2024- Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Dr. Linda Marks Commissioner Michael Stern Vice Mayor Paul A. Kruss Mayor Howard S. Weinberg Yes Yes 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 Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg - PASSED on first reading this 2nd day of April, 2024 PASSED AND ADOPTED on second reading this 7th day of May, 2024 HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 3 of3